Human Rights Committee Chairperson Yuval Shany at the 123rd Session
Credit: UN Web TV
The United Nations Human Rights Committee has concluded that France’s ban on face coverings in public violates the rights of women who wear full-face veils for religious reasons, a conclusion directly at odds with a European Court of Human Rights (ECtHR) judgment from 2014. Compare Human Rights Committee, Hebbadj v. France, Communication No. 2807/2016, Views of 17 July 2018, UN Doc. CCPR/C/123/D/2807/2016 and Human Rights Committee, Yaker v. France, Communication No. 2747/2016, Views of 17 July 2018, UN Doc. CCPR/C/123/D/2807/2016 with ECtHR, S.A.S. v. France [GC], no. 43835/11, ECHR 2014, Judgment of 1 July 2014. The Committee’s views, published on October 17, 2018, concluded that two women’s criminal convictions under the 2010 ban violated their rights to freedom of religion and to non-discrimination under the International Covenant on Civil and Political Rights (ICCPR).
The Human Rights Committee rejected France’s argument, which had been accepted by the ECtHR, that the ban was proportionate to, and the least restrictive means of achieving, the State interest in promoting the conditions for “living together” in a democratic society. In response to IJRC’s questions, the Human Rights Committee Chairperson, Yuval Shany, also noted that the Committee does not apply the ECtHR’s unique “margin of appreciation” doctrine, which gives European States latitude in balancing individual rights against State interests, particularly in areas where there is little consensus among States on a specific social issue. Read more
IACHR launches report in October 2018
In a new report and interactive website, the Inter-American Commission on Human Rights (IACHR) has detailed flaws in the United States’ prosecution and incarceration of children, urging reforms to ensure that minors are not tried or sentenced as adults. IACHR, The Situation of Children in the Adult Criminal Justice System in the United States (2018). The report, released in September 2018, examines the legal framework that allows children to be tried in the adult criminal system in light of the State’s international legal obligations, the current status of children within the criminal system, and the conditions children face during their incarceration in adult facilities. See id. According to the IACHR, as of 2016, approximately 200,000 children were tried each year in U.S. adult criminal courts, and were held in adult penitentiaries in violation of their right to special protection and to be tried in a specialized juvenile system. [IACHR Press Release] While the U.S. has taken steps to reduce the number of children coming into contact with the adult criminal justice system, individual American states maintain laws and practices that allow children to be incarcerated in adult facilities. [IACHR Press Release] The report highlights the State’s failure to protect the rights of children in this respect, and recommends specific reforms. [IACHR Press Release] Read more
European Court of Human Rights
Credit: CherryX via Wikimedia Commons
On September 13, 2018, the European Court of Human Rights (ECtHR) ruled that the United Kingdom’s bulk collection of online communications and its collection of data from communication service providers (CSPs) violated the rights to privacy and freedom of expression. See ECtHR, Big Brother Watch and Others v. the United Kingdom, nos. 58170/13, 62322/14, 24960/15, ECHR 2018, Judgment of 13 September 2018. Although the Court did not rule that mass collection is inherently a violation of privacy, disappointing many privacy advocates, the ECtHR held that such programs must have adequate safeguards to protect against abuse. [Sky News]
The decision is the first time that the ECtHR has reviewed the UK’s surveillance program since whistleblower Edward Snowden’s revelations in 2013, which revealed cross-border government surveillance efforts, including those by the UK intelligence agency Government Communications Headquarters (GCHQ) to intercept millions of private communications. [Guardian] The ECtHR did not consider the legality of the 2016 legislative amendments to the UK’s surveillance program, which followed the Snowden disclosures and are currently being challenged domestically. [Guardian] Read more
On September 10, 2018, the African Committee of Experts on the Rights and Welfare of the Child (ACERWC or Child Rights Committee) published its first decision involving sexual violence against a minor, finding that Cameroon had failed to adequately investigate, punish, and redress the rape of a 10-year-old girl. [ACERWC] The Child Rights Committee found that the State’s lack of due diligence also amounted to gender discrimination and a violation of the minor’s right to be free from torture or inhuman or degrading treatment. See ACERWC, Institute for Human Rights and Development in Africa and Finders Group Initiative on behalf of TFA (a Minor) v. Cameroon, Communication No. 006/Com/002/2015, Merits Decision, 31st Ordinary Session (2018). The decision, which the minor’s representatives hailed as ground-breaking, diverges from a 2016 African Commission on Human and Peoples’ Rights decision in which it declined to find that Ethiopia’s failure respond with due diligence to the rape of a minor constituted gender-based discrimination. See ACommHPR, Equality Now and Ethiopian Women Lawyers Association (EWLA) v. Ethiopia, Communication 341/2007, Merits Decision, 19th Extra-Ordinary Session (2016), paras. 133-34, 150. Read more
Protesters in Managua
Credit: By Voice of America, via Wikimedia Commons
Two Central American governments ended their cooperation with the United Nations on specific human rights initiatives and sought to exclude UN representatives from their territories in late August 2018. In Guatemala, President Jimmy Morales announced on August 31 he would not renew the mandate of the International Commission against Impunity in Guatemala (CICIG) when it expires in 2019 and barred CICIG head Iván Velásquez from reentering the country, despite a Supreme Court order rejecting a previous attempt to expel him. [IACHR: Guatemala; NYT] Since 2007, CICIG has assisted national authorities in prosecuting corruption, and recently announced an investigation into President Morales for illegal campaign contributions. [NYT]
Also on August 31, Nicaraguan President Daniel Ortega rescinded an invitation to a fact-finding team from the Office of the United Nations High Commissioner for Human Rights (OHCHR), just after OHCHR published a report on authorities’ human rights violations against protesters since demonstrations against the Ortega government began in April 2018. [Al Jazeera; IJRC: Nicaragua] The Inter-American Commission on Human Rights (IACHR), OHCHR, and civil society have expressed concern at these developments. [IACHR: Guatemala; IACHR: Nicaragua; OHCHR Press Release: Concern; HRW: Nicaragua; HRW: Torture] Observers fear the crises in both countries will continue to worsen. [NYT: Authoritarianism] Read more
U.S. Customs and Border Patrol at the San Ysidro crossing
Credit: Josh Denmark
Recent changes in the United States’ immigration policies have drawn fresh condemnation from human rights experts and civil society, particularly as news spread that authorities had separated approximately 2,000 children from their parents at the country’s southern border. [IACHR Press Release; OHCHR Press Release; UNHCR Press Release] These changes include automatic criminal prosecution and detention of adults – including asylum seekers – entering the United States without authorization, separation and detention of children who crossed the southern border outside a port of entry with their parents, and a directive instructing immigration officials not to recognize a State’s failure to protect victims of gang violence and domestic violence as grounds for asylum. In response to criticism earlier this month, President Trump signed an Executive Order on June 20, 2018 to detain children and parents together, but that also raised concerns because it did not address the reunification of separated families and proposed modifying time limits on detention of families. [OHCHR Press Release: UN Experts] The policy changes add to long-standing human rights concerns related to U.S. immigration policy. This post reviews 10 of the primary principles implicated. Read more
We are pleased to share our latest newsletter. It details the newest additions to the Online Resource Hub, recent engagement with the universal and Inter-American human rights systems, and upcoming events. If receiving this update via email, you can also read the May 2018 newsletter online, or open the PDF directly. For the latest in human rights developments, visit the News Room and IJRC Daily.
Happy Human Rights Day from the International Justice Resource Center! On this day, we celebrate the adoption of the Universal Declaration of Human Rights and the fundamental values it recognizes. At IJRC, we believe justice is borderless, but as the Universal Declaration of Human Rights enters its 70th year, much work remains to realize its vision.
For nearly seven years now, IJRC has been working to make international human rights protections more accessible, transparent, and relevant to the lives of people around the world. Our services help ensure that individuals harmed by human rights violations can achieve accountability and redress, no matter their circumstances. Watch below for a one-minute glimpse into one area in which our work has made a difference over the past year.
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On behalf of the IJRC team and the many people we serve, thank you for joining us in this important work.
We are pleased to share our latest newsletter. It details the newest additions to the Online Resource Hub, recent engagement with the African and Inter-American human rights systems, upcoming events, and new members of the IJRC team. Read the November 2017 newsletter below, or open the PDF. For the latest in human rights developments, visit the News Room and IJRC Daily.
A general view of participantsl during of the 32nd session of the Human Right Council. 1 July 2016. UN Photo / Jean-Marc Ferré
In the month of February 2017, various universal and regional bodies will assess States’ compliance with their human rights obligations through interactive dialogues, the consideration of State and civil society reports, country visits, and the review of individual complaints. Four United Nations treaty bodies will meet this month to engage with States regarding their treaty obligations related to economic, social, and cultural rights; the rights of women; the rights of the child; and prevention of torture and ill treatment. The UN Human Rights Council will be in session and will host panel discussions and forums related to persons with leprosy, unaccompanied migrant children, persons with disabilities, the democracy, and repatriation of illicit funds. Two UN special procedure mandate holders will conduct country visits, and two working groups will hold sessions to discuss involuntary disappearances and transnational corporations. Regionally, the Inter-American Court of Human Rights will be in session, and the Grand Chamber of the European Court of Human Rights will hear one case concerning domestic criminal proceedings in which the applicant was not allowed to represent himself.
The UN treaty body sessions and the public hearings of the European Court may be watched via UN Web TV and the European Court’s website, respectively. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar. To learn more about each human rights body, visit IJRC’s Online Resource Hub. Read more