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.
Category Archives: health
In recent years, international advocacy has contributed to increased awareness of forced sterilization as a human rights violation, including as a result of our work at the International Justice Resource Center (IJRC). Around the world, healthcare providers and others continue to sterilize people without their informed consent, most often targeting those who are Indigenous, living with HIV, are persons with disabilities, or who experience discrimination on other grounds. Just this month, IJRC advanced our partners’ advocacy on this issue at the 63rd Session of the United Nations Commission on the Status of Women (CSW), and Human Rights Watch published a report on involuntary sterilization of transgender persons in Japan. The past three years have also seen judgments from regional human rights courts on forced sterilization and important statements from other bodies. This post details the results of advocacy before regional and United Nations human rights bodies, summarizing the growing body of recommendations, statements, and judgments that more fully define forced sterilization as a human rights violation and guide governments in addressing this harmful practice.
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
In the month of May, several universal and regional bodies will be in session to 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 throughout May to engage with States regarding their treaty obligations related to torture, racial discrimination, forced disappearances, and children’s rights. The Universal Periodic Review (UPR) Working Group will also be in session and will conduct interactive dialogues with representatives from 14 States. Ten UN special procedures will conduct country visits focusing on human rights defenders, contemporary forms of racism, indigenous peoples, sale and sexual exploitation of children, effects of foreign debt, countering terrorism, housing, migrants, health, and torture. Three working groups will hold sessions on enforced disappearances, transnational corporations and other business enterprises, and private military and security companies.
Regionally, the African Commission on Human and People’s Rights (ACHPR), the African Court on Human and People’s Rights (AfCHPR), and the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) will be in session. The Inter-American Commission on Human Rights and the Inter-American Court of Human Rights (IACtHR) will also be in session, and will hold public hearings during those sessions. Finally, the European Committee of Social Rights will be in session, and the Grand Chamber of the European Court of Human Rights (ECtHR) will hear one case related to State obligations during an armed conflict.
The UN treaty body sessions and the public hearings of the European Court, the IACHR, and 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.
In the month of April, several 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 throughout April to engage with States regarding their treaty obligations related to civil and political rights, economic and cultural rights, torture, racial discrimination, and migrant workers. One treaty body will meet as a pre-sessional working group to discuss economic, social, and cultural rights. Further, civil society can register this month to participate in the sessions of two treaty bodies that will meet in May on children’s rights and enforced disappearances, respectively. Eleven UN special procedures experts will conduct country visits focusing on minority issues, freedom of religion or belief, extreme poverty, torture and inhuman treatment, safe drinking water and sanitation, violence against women, the use of mercenaries, international solidarity, older persons, human rights defenders, and racial discrimination. Three working groups will hold sessions on the use of mercenaries, enforced disappearances, and arbitrary detention.
Regionally, the African Commission on Human and Peoples’ Rights (ACHPR) and the Inter-American Court of Human Rights (IACtHR) will all be in session. The Grand Chamber of the European Court of Human Rights (ECtHR) will hear two cases related to the right to liberty and security and the prohibition of cruel or inhuman treatment.
The UN treaty body sessions and the public hearings of the European Court and Inter-American Court 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.
The Committee on the Elimination of Discrimination Against Women (CEDAW Committee) recently published a general recommendation on the adoption of a gender-based approach on the prevention of and response to climate change and environmental disasters. See Committee on the Elimination of Discrimination Against Women, General Recommendation No. 37: Gender-related dimensions of disaster-risk reduction in the context of climate change, UN Doc. CEDAW/C/GC/37, 9 February 2018. The General Recommendation provides guidance to States on fully implementing the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in the context of climate change and disasters; under the Convention, States parties have both general obligations to ensure gender equality as well as specific obligations to guarantee rights that may be negatively affected by climate change and natural disasters. See id. at para. 10. The General Recommendation warns that pre-existing gender inequalities are aggravated following a disaster and women become more susceptible to gender-based violence, but States parties must still guarantee the rights enumerated in the Convention. See id. at paras. 3, 10. The General Recommendation is one of several recent developments on international standards at the intersection of human rights and the environment; notably the Special Rapporteur on the issue of human rights obligations related to the enjoyment of a safe, clean, healthy and sustainable environment recently called for the recognition of the right to a healthy environment at the universal level, and published guidance on children’s rights and the environment. [OHCHR Press Release] Read more
This month, the International Criminal Court (ICC), the Inter-American Commission on Human Rights (IACHR), and United Nations special procedures mandate holders all took steps to expose Venezuelan President Nicolas Maduro’s regime’s responsibility for human rights violations and international crimes committed against the Venezuelan population. On February 8, the prosecutor of the ICC announced that she opened a preliminary examination into the situation in Venezuela. The preliminary examination will study, since April 2017, the use of excessive force by State security forces to disperse and end demonstrations and the arrest and detention of thousands of perceived members of the opposition, some of whom have allegedly been subjected to abuse and ill-treatment during their detention. [ICC Press Release] On February 12, the IACHR published and presented to the Organization of American States its report on the human rights situation in Venezuela in 2016 and 2017, noting the deterioration of human rights in Venezuela, and in particular the political, economic, and social crisis in the country. [IACHR Press Release] A group of independent experts at the UN consisting of the Special Rapporteur on the right to adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context; Special Rapporteur on the right to food; Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; and the Special Rapporteur on extreme poverty and human rights released a statement on February 9 that asserts that the degradation of human rights in Venezuela has led to the starvation, deprivation of necessary medicine, lack of necessary hygiene products, and deterioration of living conditions for a large number of Venezuelans. [OHCHR Press Release: Experts]
On January 24, the European Committee of Social Rights (ECSR) published its 2017 conclusions regarding 33 States’ implementation of the European Social Charter’s provisions related to health, social security, and social protection, and found 175 instances of non-conformity out of 486 situations examined. [ECSR Press Release] Additionally, the ECSR was unable to adequately assess the situation in 83 cases due to lack of information. [ECSR Press Release] The ECSR emphasized the need for States to implement measures to improve workplace safety, maternal and infant mortality, social security benefits, and policies addressing poverty and social exclusion. See ECSR, European Social Charter Social Rights Monitoring 2017: Health, Social Security and Social Protection (2018), 1. The ECSR noted positive developments regarding the framework and adoption of measures with respect to health and safety at work as well as the extension of social security benefits with regards to healthcare and disability. See id. Three States (Greece, Iceland, and Luxembourg) failed to submit their reports on time for review by the ECSR; conclusions on those States will be issued at a later date in 2018. See id.
The Inter-American Commission on Human Rights (IACHR) presented a report on December 5, 2017 that, for the first time in the region, details Member States’ human rights legal obligations to address the situation of poverty and extreme poverty in the Americas through a human rights perspective. See IACHR, Poverty and Human Rights in the Americas (2017), para. 18 (in Spanish only). The Commission’s report acknowledges that poverty is interrelated with certain rights, both civil and political and economic and social, such as the rights to work, education, health, and access to justice, and, therefore, recommends that States focus on ensuring rights for all, including groups in vulnerable situations, as a method for addressing poverty and extreme poverty. See id. at paras. 12, 98, 494. The report also highlights the disproportionate impact of poverty on groups in vulnerable situations; recognizes the barriers to access to justice that poverty presents; and makes recommendations to Member States, such as taking a human rights perspective over a welfare approach to addressing poverty, among others. See id. at paras. 34, 98. Additionally, the report recognizes different definitions of poverty and extreme poverty, although it does not explicitly decide on definitions for each, but the report does state that extreme poverty is a grave problem that impacts the exercise and enjoyment of all human rights. See id. at paras. 2, 18. This is the first report since the IACHR established the mandate of the Special Rapporteur on Economic, Social, Cultural, and Environmental Rights. [IACHR Press Release: ESCER; IJRC] Read more
In October, 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, interactive dialogues, country visits, seminars, and hearings. Five UN treaty bodies will meet throughout October to assess States’ compliance with their treaty obligations related to civil and political rights; economic, social, and cultural rights; elimination of discrimination against women; the prevention of torture; and the rights of the child. The Social Forum of the UN Human Rights Council will be in session, and the UN Human Rights Council will also host thematic panel discussions, seminars, and working group discussions on climate change, migrants, and persons displaced across international borders; transnational corporations and other business enterprises with respect to human rights; and the implementation of effective safeguards to prevent torture and cruel, inhuman, or degrading treatment during police custody. One working group will be in session on the issue of discrimination against women in law and practice, and eight other special procedures mandate holders will conduct country visits. Regionally, the Inter-American Commission on Human Rights (IACHR), the Inter-American Court of Human Rights (IACtHR), the European Committee on Social Rights (ECSR), and the European Court of Human Rights (ECtHR) will be in session.
The UN Human Rights Council’s and UN treaty bodies’ sessions can be watched via UN Web TV. The IACHR’s session can be watched on its YouTube channel, and the IACtHR’s session may be viewed on its website or Vimeo page. The ECtHR hearings can be viewed on its webcast.