On December 4, 2020, the African Court on Human and Peoples’ Rights (AfCHPR) published and delivered an advisory opinion declaring national laws that criminalize vagrancy to be incompatible with human rights standards. [AfCHPR Press Release] The opinion concludes that laws that essentially criminalize homelessness, poverty, or unemployment are overly broad and allow for abuse. The Court held that such laws
Read moreCategory: due process & judicial protection
Inter-American Court Issues First Judgment on Sexual Violence in School
Earlier this month, the Inter-American Court of Human Rights (IACtHR) published its first judgment to identify States’ obligations to prevent and redress sexual violence in schools. See I/A Court H.R., Guzmán Albarracín and Others v. Ecuador. Merits, Reparations and Costs. Judgment of 24 June 2020. Series C No. 405 (Spanish). The case concerned Paola del Rosario Guzmán Albarracín, who was
Read moreIACHR Finds U.S. Responsible for Torture, Refoulement of Guantanamo Detainee
In its first decision concerning the “war on terror,” the Inter-American Commission on Human Rights (IACHR) has found the United States responsible for violating the human rights of Djamel Ameziane, a former detainee at the Guantánamo Bay detention facility. See IACHR, Merits Report No. 29/20, Case 12.865, Djamel Ameziane (United States), 22 April 2020. Ameziane is an Algerian national who
Read moreHuman Rights Committee Finds Russia Responsible for Torture of Chechens
The United Nations Human Rights Committee has found Russia responsible for violating the rights to fair trial and to be free from torture of six Chechen men who were unlawfully detained and tortured, in the North Caucasus region, between September 2004 and February 2005 before being convicted of terrorism related charges. See Human Rights Committee, Taysumov et al. v. Russia,
Read moreInter-American Court to Determine State Responsibility for Trans Woman’s Murder
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
Read moreAfrican Rights Court Orders Tanzania to Limit Body Cavity Searches
The African Court on Human and Peoples’ Rights (AfCHPR) recently issued its judgment in the case of Lucien Ikili Rashidi v. Tanzania, finding the State violated a non-citizen’s rights when its agents detained him, subjected him to an anal search, and did not resolve his legal claims for seven years after he was arrested for not having his passport and
Read moreTexas Executes Man in Contravention of Multiple International Legal Decisions
The American state of Texas executed 64-year-old Mexican national Roberto Moreno Ramos on November 14, contravening the International Court of Justice (ICJ) and several human rights bodies, which had concluded he was entitled to a retrial or new sentencing hearing because of due process violations related to his trial, and should not be subjected to the death penalty because of
Read moreInter-American Court: State Inaction on HIV Violated Progressive Realization Obligation
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,
Read moreChildren’s Rights Violated in U.S. Criminal Justice System, IACHR Reports
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
Read moreAfrican Child Rights Committee Decides First Complaint Involving Sexual Violence
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
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