The governments of Guatemala and Nicaragua each recently issued decisions terminating cooperation with international and regional oversight bodies in critical areas of human rights, prompting strong criticism. [UN News: Nicaragua; IACHR Press Release: Guatemala; European Council Press Release] Escalating his September 2018 decision that Guatemala would not renew its agreement with a United Nations-backed anti-corruption investigatory body, the International Commission against Impunity in Guatemala (CICIG), Guatemalan President Jimmy Morales unilaterally decided to expel the body prior to the agreement’s expiration and ahead of the next presidential election. [UN News: CICIG; NY Times; IJRC: Oversight] Additionally, in December 2018, the Nicaraguan government, amid mounting civil unrest, announced measures effectively barring two monitoring mechanism set up by the Inter-American Commission on Human Rights (IACHR), and stated that it would no longer accept IACHR visits. [IACHR Press Release: Nicaragua; UN News: Nicaragua] UN experts have resoundingly condemned the governments for disregarding their international legal obligations under these agreements and the human rights at stake in the absence of this oversight. [UN News: CICIG; UN News: Nicaragua]
Category Archives: regional human rights protection
The European Committee on Social Rights (ECSR) has, for the first time, addressed the collective bargaining rights of self-employed workers, holding that a pre-2017 Irish ban on collective bargaining by freelance journalists, voice-over actors, and session musicians violated the European Social Charter. See ECSR, Irish Congress of Trade Unions v. Ireland, Complaint No.123/2016, Merits, 12 December 2018, para. 35. In view of a subsequent amendment to the Irish law at issue, the ECSR also concluded that the current situation does not constitute a violation. Nevertheless, the ECSR took the opportunity to clarify the status of workers like these artists and writers, and to confirm that the self-employed cannot be categorically excluded from collective bargaining.
In January, 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. One United Nations treaty body will hold a session to review States’ progress regarding 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. Two UN special procedures will conduct country visits in January, and the UN Working Group on the issue of discrimination against women will hold a private session. Regionally, the Inter-American Court of Human Rights (IACtHR) and the European Committee of Social Rights (ECSR) will be holding public sessions.
The UN treaty body and UPR sessions may be watched via UN Web TV, and the public hearings of the IACtHR may be watched via the IACtHR’s website or Vimeo page. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar.
UN Human Rights Treaty Bodies
One of the 10 UN human rights treaty bodies, the Committee on the Rights of the Child, will meet this month to review certain States parties’ implementation of their treaty obligations. Through the State reporting procedure, treaty bodies review States’ reports and responses to a specific list of issues, receive additional information from nongovernmental organizations (NGOs) and national human rights institutions (NHRIs), engage in an interactive dialogue with each State’s representatives, and then adopt concluding observations detailing the progress and remaining challenges in the State’s implementation of the treaty.
Committee on the Rights of the Child
The Committee on the Rights of the Child (CRC) will hold its 80th Session in Geneva, Switzerland from January 14 to February 1, 2019. According to its programme of work, the CRC will consider the State reports of Bahrain, Belgium, Guinea, Italy, Japan, and Syria to assess their compliance with the Convention on the Rights of the Child. The CRC will also consider the State report of the Czech Republic for its compliance with the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.
Civil society members looking to attend the CRC’s session must register through the Indico system before February 1, 2019. To view session documents, including State reports and civil society submissions, visit the CRC’s 80th Session webpage. For more information on the CRC, visit IJRC’s Online Resource Hub.
Human Rights Council Universal Periodic Review Working Group
The Human Rights Council’s UPR Working Group will hold its 32nd Session from January 21 to February 1, 2019 in Geneva, Switzerland. According to its tentative timetable, the Working Group will hold interactive dialogues with New Zealand, Afghanistan, Chile, Vietnam, Uruguay, Yemen, Vanuatu, Macedonia, Comoros, Slovakia, Eritrea, Cyprus, Dominican Republic, and Cambodia regarding their obligations under UN Charter, the Universal Declaration of Human Rights, human rights instruments to which the State is party, the State’s voluntary pledges and commitments, and applicable international humanitarian law.
During the session, a group of three Human Rights Council Member States (or troika) will facilitate the review of each country. Representatives from the country being reviewed will give an oral presentation, which is followed by an interactive dialogue with UN Member States. The States make recommendations and comments, which the troika summarizes in a report, and the reviewed country can accept or reject the recommendations and comments. A final outcome report will then be adopted, and the country will report on its implementation of the recommendations during the following UPR cycle.
NGOs and NHRIs wishing to submit written information for the report must follow the OHCHR technical guidelines for stakeholders submissions for the 3rd cycle. For more information about past, present, and future UPR sessions, including timetables and lists of troikas, visit the UPR sessions webpage or visit IJRC’s Online Resource Hub.
In January, two special procedures will carry out country visits and one special procedure will hold a private session in New York.
The Special Rapporteur on minority issues is scheduled to visit Spain from January 14 to January 25, 2019.
The Working Group on arbitrary detention is scheduled to visit Bhutan from January 14 to January 25, 2019.
The Working Group on the issue of discrimination against women in law and practice will hold its 24th Session from January 28 to February 1, 2019 in Geneva, Switzerland.
During their country visits, these special procedures mandate holders will assess the human rights situation as it relates to their thematic focus. Experts also meet with civil society, government, and national human rights institutions when they visit a country. Their findings are published later in reports addressed to the UN Human Rights Council and the UN General Assembly. See OHCHR, Country and other visits of Special Procedures. To view a list of forthcoming country visits, visit the OHCHR website. For more information on each special procedure, visit IJRC’s Online Resource Hub.
Inter-American Court of Human Rights
The Inter-American Court of Human Rights (IACtHR) will hold its 129th Regular Session from January 28 to February 8, 2019 in San José, Costa Rica. During its sessions, the IACtHR typically holds public hearings on the merits of individual complaints and deliberates on contentious cases alleging human rights violations. For more information about the IACtHR, visit IJRC’s Online Resource Hub.
European Committee of Social Rights
The European Committee of Social Rights (ECSR) of the Council of Europe will hold its 304th Session from January 21 to January 24, 2019 in Strasbourg, France. The agenda and the synopsis for this session will be published on the ECSR’s calendar at a later date. During its sessions, the ECSR reviews States’ reports on their implementation of the European Social Charter, considers collective complaints alleging violations of the Charter, and follows up on the Turin process to improve implementation of the Charter at the continental level. According to the ECSR’s calendar for national reporting, the ECSR will consider State reports concerning the rights of children, the family, and migrants from France, Greece, Portugal, Italy, Belgium, Bulgaria, Ireland, and Finland throughout the 2019 calendar year. The ECSR will consider simplified reports on the same topic from the Netherlands, Sweden, Croatia, Norway, Slovenia, Cyprus, and the Czech Republic throughout the 2019 calendar year. Simplified reports focus on areas of non-conformity identified in the Committee’s previous conclusions. For more information on the European Committee of Social Rights, visit IJRC’s Online Resource Hub.
Today marks the 70th anniversary of the Universal Declaration of Human Rights (UDHR), the seminal proclamation adopted by the United Nations General Assembly on December 10, 1948. See UN General Assembly, Resolution 217 A(III), Universal Declaration of Human Rights, 10 December 1948. The UDHR’s adoption followed that of the American Declaration of the Rights and Duties of Man, making it the first UN instrument recognizing the basic principles of human rights. Over the subsequent decades, many of the rights recognized in the UDHR have been made legally binding through specialized UN human rights treaties and the development of customary international law. The UN High Commissioner for Human Rights Michelle Bachelet stated that the UDHR “has passed from being an aspirational treatise into a set of standards that has permeated virtually every area of international law.” [OHCHR: 70th]
While the rights set forth in the UDHR have since become widely accepted, attacks and repression against human rights defenders have spiked in recent years. [Guardian; Amnesty; UN News] UN human rights experts recently noted “the appalling fact that between 2015 and 2017, on average, one person was killed every day while standing up for human rights.” [OHCHR: Defenders]
At the International Justice Resource Center, the UDHR’s values are central to our beliefs and our work. If you value IJRC’s efforts to make human rights protections more accessible to our readers and others around the world, please consider making a year-end donation.
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 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 his psychosocial disabilities. [OHCHR Press Release] Mr. Moreno Ramos, a Mexican citizen who had been arrested on suspicion of murder in 1992, was not afforded consular assistance or prompt, effective legal representation. See IACHR, Merits Report No. 1/05, Case 12.430, Roberto Moreno Ramos (United States), 28 January 2005. He is the sixth Mexican national to be executed in defiance of the ICJ’s 2004 judgment in Avena and Other Mexican Nationals (Mexico v. United States) ordering the “review and reconsider[ation]” of convictions and death sentences because of authorities’ failure to respect the rights of Mexican nationals and the Mexican government to consular information and notification. [Mexican Government Press Release]
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
In November, 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. Five United Nations treaty bodies will meet to review States’ progress with regard to civil and political rights, women’s rights, enforced disappearances, torture, and racial discrimination. The Universal Periodic Review (UPR) Working Group will also be in session and will conduct interactive dialogues with representatives from 14 States. Eleven UN special procedures will conduct country visits this month, and two UN working groups will hold sessions.
Regionally, the African Commission of Human and Peoples’ Rights (ACHPR), the African Court on Human and Peoples’ Rights (AfCHPR), the African Committee of Experts on the Rights and Welfare of the Children (ACERWC), and the Inter-American Court of Human Rights (IACtHR) will be holding public sessions. The European Court of Human Rights (ECtHR) will hear arguments in three cases.
The UN treaty body sessions, the AfCHPR’s public hearings, the public hearings of the European Court, and the public hearings of the IACHR may be watched via UN Web TV, the African Court’s YouTube channel, the European Court’s website, and the Inter-American Court of Human Rights’ website or Vimeo page, respectively. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar.
On October 3, 2018, the Supreme Court of Peru overturned the pardon granted to former President Alberto Fujimori and ordered him to complete his sentence for crimes against humanity committed by his administration in the 1990s. [Reuters] Pursuant to a request submitted by massacre victims’ family members, the Supreme Court found that the humanitarian pardon lacked a legal basis and contravened Peru’s human rights obligations. [Guardian; IACHR Press Release; Bloomberg: Arrest; teleSUR] Advocates and human rights experts hailed the decision as a positive step in the fight against impunity. [NYTimes] Fujimori has 14 years left to serve on his sentence, and has appealed the ruling. [NPR; Reuters] In the days following the decision, Fujimori was hospitalized; the Peruvian Congress introduced legislation to grant him house arrest; his daughter Keiko, a prominent politician, was arrested on corruption charges; and the Fujimori-era sterilization of Indigenous women was again under scrutiny. [Reuters; BBC; Bloomberg; IACHR Video] Former President Pedro Pablo Kuczynski, who pardoned Fujimori in late 2017, resigned earlier this year and is under investigation for corruption, including in connection with the pardon. [HispanTV]