Category Archives: discrimination

UN Human Rights Committee Condemns “Burqa Ban,” Countering European Court

Human Rights Committee
Human Rights Committee

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

African Child Rights Committee Decides First Complaint Involving Sexual Violence

ACERWC
ACERWC

ACERWC hearing
Credit: ACERWC

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

African Commission Bows to Political Pressure, Withdraws NGO’s Observer Status

CAL representative addresses ACHPR
CAL representative addresses ACHPR

CAL representative addresses ACHPR
Credit: IJRC

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.

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Mandatory HIV/AIDS and Drug Testing Violates Rights to Privacy & Equal Protection

The Allée des Nations
Credit: Tom Page via Wikimedia Commons

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]

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Conflicts in Cameroon Escalate, Human Rights Experts Respond

People in a Cameroon Community
Credit: Sodeit via Wikimedia Commons

In the past month, the African Commission on Human and Peoples’ Rights (ACHPR) and the United Nations High Commissioner for Human Rights have called on Cameroon to launch an investigation into persistent reports of a deteriorating human rights situation in the English-speaking Northwest and Southwest regions of Cameroon, including to investigate a video showing the alleged extrajudicial executions of a woman and two children. [ACHPR Press Release: Allegations (French only); OHCHR Press Release] The conflict in Cameroon stems from tensions that arose in 2016 after the English-speaking communities in the State mobilized to demand respect of the English-speaking educational and judicial systems, and to demand more political autonomy. See HRW, These Killings Can Be Stopped: Abuses by Government and Separatist Groups in Cameroon’s Anglophone Regions (2018), 1. In response, the Cameroonian government violently suppressed the protests and arrested many of the demonstrators, which led to armed confrontations. See id. Most recently, the tensions between Anglophone separatists and the largely Francophone government of Cameroon have escalated as a result of separatists’ attacks targeting a Minister of Defense convoy in the country’s Southwest region and the government’s “heavy-handed response.” [OHCHR Press Release; Guardian] Cameroon is obligated, under international human rights law, to ensure the rights to life and to humane treatment, among other rights.

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July 2018: UN Treaty Bodies, Human Rights Council, and Regional Bodies in Session

Palais des Nations, Geneva
Credit: UN Photo / Jean-Marc Ferré via Flickr

In the month of July, various universal and regional bodies 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. Three United Nations treaty bodies will meet in July to engage with States regarding their treaty obligations related to civil and political rights, the rights of women, and the prevention of torture. Further, civil society can register this month to participate in the sessions of two treaty bodies that will meet in August to engage with States regarding their obligations related to racial discrimination and the rights of persons with disabilities, respectively. The UN Human Rights Council and several of its working groups will be in session to review communications, thematic reports, and country-specific reports; select individuals to serve as special procedure mandate holders; and convene several panel discussions on the human rights of women, internally displaced persons, and on technical cooperation in the promotion and protection of human rights related to the 2030 Agenda for Sustainable Development. The Expert Mechanism on the Rights of Indigenous Peoples will hold its annual session. Two UN special procedures will conduct country visits focusing on human rights and transnational corporations, and on the human rights situation in the Republic of Korea.

Regionally, the Grand Chamber of the European Court of Human Rights (ECtHR) may hear one case related to the prohibition of collective expulsion of aliens, and the European Committee of Social Rights and Inter-American Court of Human Rights (IACtHR) will be in session.

The UN treaty body sessions, the public hearings of the European Court, and the hearings of the Inter-American Court, may be watched via UN Web TV, the European Court’s website, and the Inter-American Court’s website or Vimeo, respectively. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar.

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