Category Archives: European System

April 2019: UN Treaty Bodies & Regional Body in Session

European Court Of Human Rights
Credit: Anil Öztas via Wikimedia Commons

In April, several universal and regional human rights bodies and experts will review 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 and one pre-sessional working group will hold sessions to assess States’ progress regarding the rights of persons with disabilities, migrant workers’ rights, enforced disappearances, the elimination of racial discrimination, and the prevention of torture. Seven UN special rapporteurs, two working groups, and one independent expert will conduct country visits in April. Additionally, three working groups will hold sessions in Geneva. Of the regional bodies, the European Court of Human Rights (ECtHR) will hold a Grand Chamber hearing.

The UN treaty body sessions may be watched via UN Web TV. The public hearings of the ECtHR can be viewed on the Court’s website. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar. Read more

Council of Europe Adopts Declaration on Artificial Intelligence and Personal Autonomy

In a new declaration on the impact of the use of algorithms on democracy, human rights, and the rule of law, the Council of Europe’s Committee of Ministers warns that artificial intelligence and other machine-learning technologies must not be used to unduly influence or manipulate individuals’ thoughts and behavior. See Council of Europe Committee of Ministers, Declaration by the Committee of Ministers on the manipulative capabilities of algorithmic processes, Decl(13/02/2019)1, 13 February 2019. The first of its kind, the declaration calls on States to take steps to ensure that technologies facilitating algorithmic persuasion, particularly those that “micro-target” individuals, do not interfere with people’s ability to enjoy their human rights and to make independent political, personal, and purchasing decisions. See id. at paras. 8, 9. The Declaration, which builds on ongoing study and analysis by Council of Europe organs, adds to the growing body of guidance and recommendations concerning the regulation of machine learning to safeguard human rights, including from the United Nations Special Rapporteur on freedom of expression. Read more

ECtHR’s Second Inter-State Reparations Judgment Orders Russia Compensate Expelled Georgians

Courtroom of the European Court of Human Rights in Strasbourg
Credit: Adrian Grycuk via Wikimedia Commons

The Grand Chamber of the European Court of Human Rights (ECtHR) has issued its second ever monetary judgment in an inter-State case, ordering Russia to pay the Georgian government 10 million euros as reparations for Russia’s collective expulsion of thousands of Georgian nationals between 2006 and 2007. See ECtHR, Georgia v. Russia (I) [GC], no. 13255/07, ECHR 2019, Judgment of 31 January 2019 (Just Satisfaction). The judgment on reparations follows the Court’s 2014 judgment on the merits of the case, in which it found that Russia’s mass expulsion of Georgians violated the European Convention on Human Rights. See id. at para. 2. If Russia complies with the judgment, Georgia will be responsible for distributing the 10 million euros to a group of 1,500 identified victims, awarding 2,000 euros to each person who was expelled and awarding an additional 10,000 to 15,000 euros to those who had also been detained and ill-treated. See id. at paras. 77, 79. This judgment applies and builds on the Grand Chamber’s 2014 just satisfaction judgment in Cyprus v. Turkey, in which it ordered Turkey to pay 90 million euros in just satisfaction for the enforced disappearance of 1,456 people and various violations against the Greek Cypriots of the Karpas peninsula, by Turkish authorities, dating to 1974. See ECtHR, Cyprus v. Turkey, [GC], no. 25781/94, Judgment of 12 May 2014 (Just Satisfaction).

This case is the first of four cases that Georgia has brought to the ECtHR against Russia since 2007. The second case, concerning Russia’s alleged violation of the European Convention during the 2008 Russo-Georgian conflict, is currently pending before a Grand Chamber. See ECtHR, Cases pending before the Grand Chamber. The third case, which concerned Russia’s detention of several Georgian nationals, was voluntarily dropped by Georgia after Russia released the individuals from detention. [ECtHR: New Complaint] The fourth case, filed in August 2018, concerns alleged violations of rights along the border between Georgian-controlled territory and Abkhazia and South Ossetia. [ECtHR: New Complaint] The International Criminal Court (ICC) has also opened an investigation into alleged war crimes and crimes against humanity committed during the 2008 Russo-Georgian conflict. See ICC, Situation in Georgia.

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January 2019: United Nations and Regional Human Rights Bodies in Session

Human Rights and Alliance of Civilizations Room of the Palace of Nations
Credit: Ludovic Courtès via Wikimedia Commons

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. Read more

December 2018: United Nations and Regional Human Rights Bodies in Session

African Court on Human and Peoples' Rights session banner
African Court on Human and Peoples' Rights session banner

Credit: African Court on Human and Peoples’ Rights (via Flickr)

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

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

November 2018: United Nations and Regional Human Rights Bodies in Session

Human Rights Council Tenth Session Participants
Credit: UN Photo/Pierre-Michel Virot

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.

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