Inter-American Commission on Human Rights (IACHR) has, for the first time, referred a case involving an alleged extrajudicial killing of a transgender woman to the Inter-American Court of Human Rights (IACtHR). The IACHR’s referral, filed on April 30, 2019, indicates that trans activist Vicky Hernández was killed – likely by State agents – during a government-imposed curfew in 2009, amid a broader context of attacks against LGBT persons in Honduras, and that the State subsequently failed to adequately investigate her death. [IACHR Press Release] The IACHR describes the case as an opportunity for the Court to “develop jurisprudence on violence against LGBT people, particularly trans women” and to again consider the human rights implications of the 2009 coup d’état in Honduras. [IACHR Press Release] The IACHR referred the case to the Court after determining that Honduras failed to comply with the recommendations set out in its merits report, which was recently made available in English on the IACHR’s website along with the letter of submission to the Court.
Category Archives: discrimination
The European Committee of Social Rights (ECSR) has held Bulgaria responsible for Roma women’s inferior access to reproductive healthcare in public hospitals, specifically during pregnancy and childbirth. [ECSR Press Release] In a unanimous merits decision, the Committee found that Bulgaria’s failure to take proactive steps—including by addressing the much lower levels of health insurance coverage among Roma women, barriers to maternal care such as a lack of translation services, and significantly higher infant and maternal mortality rates—constituted a violation of the rights to health and non-discrimination under the Revised European Social Charte (the “Charter“). See ECSR, European Roma Rights Centre (ERRC) v. Bulgaria, Complaint No. 151/2017, Merits, 5 December 2018. While the complaint also alleged that Roma women are routinely segregated in maternity wards, the ECSR ultimately determined there was insufficient evidence that this is a systemic practice. See id. at para. 93. In 2008, the ECSR found Bulgaria responsible for related gaps in access to healthcare services and worse health status among the Roma population; according to the more recent decision, the situation has not seen any improvement since then. See ECSR, European Roma Rights Centre (ERRC) v. Bulgaria, Complaint No. 46/2007, Merits, 3 December 2008; ERRC v. Bulgaria, 5 December 2018, paras. 56, 85.
In a new report documenting the forms of police violence against people of African descent in the United States, the Inter-American Commission on Human Rights (IACHR) examines the widespread racial disparities in the American criminal justice system, in light of the State’s international human rights obligations. See IACHR, Police Violence against Afro-descendants in the United States (2018). The report from the region’s principal human rights oversight body examines the factual situation and recommends specific reforms. [IACHR Press Release] Its conclusions are perhaps most succinctly expressed in a note on the cover art, which reads, “the United States has systematically failed to adopt preventive measures and to train its police forces to perform their duties in an appropriate fashion. This has led to the frequent use of force based on racial bias and prejudice and tends to result in unjustified killings of African Americans.” See IACHR, Police Violence against Afro-descendants in the United States.
The report goes beyond current-day excessive use of force to examine the history of racial discrimination in America, modern structural discrimination, over-policing of African American communities, a lack of accountability for excessive use of force, and various racial disparities in the larger criminal justice system. Among its recommendations, the IACHR calls on the U.S. to provide restitution “to remedy the situation of historic, structural discrimination against African Americans,” accountability for killings by police, public apologies and official declarations to restore the dignity and rights of the victims, and human rights training for law enforcement. See id. at paras. 295, 300, 301.
In December, several universal and regional human rights bodies and experts will assess States’ compliance with their human rights obligations through the consideration of State and civil society reports, country visits, and the review of individual complaints. Two United Nations treaty bodies will continue reviewing States’ progress, with regard to the elimination of torture and racial discrimination, in sessions that began last month. Four UN special procedures will conduct country visits in December, and two UN working groups will hold sessions.
Regionally, the African Court on Human and Peoples’ Rights (AfCHPR), the Inter-American Commission on Human Rights (IACHR), and the European Committee of Social Rights (ECSR) will be holding public sessions.
The UN treaty body sessions, the public hearings of the IACHR, and the AfCHPR’s public hearings may be watched via UN Web TV, the IACHR’s website or Vimeo page, and the African Court’s YouTube channel, respectively. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar. Read more
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
The Inter-American Court of Human Rights (IACtHR) for the first time held a State responsible for violating the progressive realization principle, determining that Guatemala’s inaction to extend healthcare services to people with HIV/AIDS contravened its duty to progressively achieve the full realization of the right to health, among other violations. [IACtHR Press Release] In Cuscul Piraval et al v. Guatemala, published on October 25th, the IACtHR concluded that Guatemala violated the rights to health, integrity, and life of dozens of people with HIV and their family members. [IACtHR Press Release] The Court found that while charitable and humanitarian organizations had provided some care for HIV-positive patients, Guatemala’s public health system had failed to ensure access to essential healthcare for those with HIV, in spite of national legislation and programs intended to address the known gap in services. See IACHR, Merits Report No. 2/16, Case 12.484, Luis Rolando Cuscul Piraval et al. (Guatemala), 13 April 2016. This case marks a major development in the economic, social, cultural, and environmental rights jurisprudence in the Inter-American System. 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
In the month of September, several universal and regional bodies will be in session to assess States’ compliance with their human rights obligations through the consideration of State and civil society reports, country visits, and the review of individual complaints. Five United Nations treaty bodies will meet in September to engage with States regarding their treaty obligations related to the rights of persons with disabilities; the rights of migrant workers; children’s rights; and economic, social, and cultural rights. The UN Human Rights Council will be in session to review communications as well as thematic and country-specific reports. Seven UN special procedures will conduct country visits focusing on States’ international financial obligations, the rights of persons with albinism, the right to food, the independence of judges and lawyers, adequate housing, cultural rights, and LGBTI issues, respectively. Additionally, the UN working group focused on forced disappearances will be in session.
Regionally, the Inter-American Court of Human Rights (IACtHR), the African Court on Human and Peoples’ Rights (AfCHPR), and the European Committee of Social Rights (ESCR) will all be in session. Finally, the Grand Chamber of the European Court of Human Rights will hear one case related to the prohibition of collective expulsion of aliens and the right to an effective remedy.
The UN treaty body sessions, the public hearings of the European Court, and the public hearings of the IACtHR, may be watched via UN Web TV, the European Court’s website, and the Inter-American Commission’s website or Vimeo, respectively. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar.
On August 8, 2018, the African Commission on Human and Peoples’ Rights (ACHPR) stripped the Coalition of African Lesbians (CAL) of its observer status following decisions by the African Union Executive Council that called on the ACHPR to consider “African values” when reviewing applications for observer status. [CAL: Denied] The ACHPR’s decision to withdraw CAL’s observer status comes after years of advocacy efforts by CAL to obtain that status, and follows a drawn-out process before the ACHPR that has been marred by discriminatory statements on the part of both the continent’s human rights oversight body and the political organs of the African Union. [Thomson Reuters Foundation] CAL is a pan-Africanist network of organizations in sub-Saharan Africa committed to advancing the rights of all women in Africa and strengthening the leadership of lesbian women in various movements. See CAL, Why We Exist. The decision to revoke CAL’s observer status, which is a requirement for certain types of participation in the ACHPR’s activities and sessions, has raised concerns about the ACHPR’s impartiality and independence. [EJIL: Talk!] The Executive Council’s June 2018 decision calling for CAL’s status to be withdrawn also raised other threats to the ACHPR’s functioning, including the possible elimination of the ACHPR’s jurisdiction over human rights complaints.
During its 123rd Session, the United Nations Human Rights Committee issued its first decision on the privacy and equal protection implications of mandatory HIV/AIDS and drug testing for individuals seeking a visa extension. See Human Rights Committee, Vandom v. Republic of Korea, Communication No. 2273/2013, Views of 12 July 2018, UN Doc. CCPR/C/123/D/2273/2013. The case concerned an American English teacher, working in the Republic of Korea, whose application to renew her teaching visa was denied after she refused to submit to a mandatory HIV/AIDS and drug test. See id. at paras. 1-2.8. The Human Rights Committee held that the Republic of Korea’s policy of requiring mandatory drug and HIV tests from individuals who were not nationals of the State or of Korean ethnicity and who were seeking to obtain teaching visas constituted a violation of the right to equal protection and the right to privacy under the International Covenant on Civil and Political Rights (ICCPR). See id. at paras. 8.5, 8.9. While this is the first case in which the Human Rights Committee has reviewed mandatory drug and HIV testing policies, another treaty body, the UN Committee on the Elimination of Racial Discrimination (CERD), issued a decision in 2015 on the Republic of Korea’s mandatory testing policy. [IJRC] The CERD found that the policy amounted to racial discrimination under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). The case before CERD did not discuss the right to privacy. [IJRC]