Category Archives: women’s rights

UN Special Rapporteurs Highlight Forced Sterilization of Indigenous Women in Canada

UN Special Rapporteur on violence against women
Credit: Daniel Cima via Wikimedia Commons

In their latest reports to the United Nations Human Rights Council, the UN Special Rapporteur on the right to health and the Special Rapporteur on violence against women addressed the ongoing issue of forced or coerced sterilizations of Indigenous women in Canada’s public healthcare institutions. See Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health on his visit to Canada, UN Doc. No. A/HRC/41/34/Add.2, 19 June 2019, paras. 83-84; Report of the Special Rapporteur on violence against women, its causes and consequences on her visit to Canada, UN Doc No. A/HRC/41/42/Add.1, 3 June 2019, paras. 58-61. This issue has been gaining increased attention within Canada and internationally; these reports reiterate and build upon the recommendations already made to Canada to take steps to remedy and prevent this human rights violation. See IJRC, Forced Sterilization of Indigenous Women in Canada. The special rapporteurs presented their reports at the 41st Regular Session of the Human Rights Council, which concluded on July 12, 2019, following their visits to Canada in 2018. The International Justice Resource Center (IJRC) has been actively supporting Canadian advocates in their international human rights advocacy regarding the forced sterilization of Indigenous women, and welcomes these latest responses.

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July 2019: UN Treaty Bodies, Human Rights Council, & Regional Bodies in Session

Credit: European Court of Human Rights

In July, a number of 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 and country visits. Three United Nations treaty bodies will hold sessions to assess States’ progress regarding the rights of women, civil and political rights, and the prevention of torture. The Human Rights Council will continue its consideration of the overall human rights situations in 15 countries. Three UN special procedures will conduct country visits in July. Additionally, the UN Working Group on mercenaries and the Expert Mechanism on the Rights of Indigenous Peoples will hold sessions in Geneva. Of the regional bodies, the European Committee of Social Rights (ECSR) will be in session and the European Court of Human Rights (ECtHR) will hold two Grand Chamber hearings.

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

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U.S. Resists International Oversight, Reduces IACHR Funding over Reproductive Rights

Secretary Pompeo Delivers Remarks on the Release of the 2018 Country Reports on Human Rights Practices

In another effort to both curtail international human rights oversight and advance a regressive view of reproductive rights, the United States Department of State indicated in late March 2019 that it would reduce its financial support for the region’s human rights bodies, which have urged States to repeal laws that criminalize abortion without any exceptions. [Washington Post; PAI] U.S. Secretary of State Michael Pompeo announced that the U.S. would reduce its regular contribution to the Organization of American States (OAS), a regional intergovernmental organization with 35 Member States, in an effort to target the Inter-American Commission on Human Rights (IACHR) and the Inter-American Commission of Women (CIM). See U.S. Department of State, Remarks to the Press (Michael R. Pompeo, 26 March 2019); Letter from Lankford et al., U.S. Senators, to Michael Pompeo, U.S. Secretary of State, United States Senate (Dec. 21, 2018).

The announcement follows other recent efforts by the U.S. to undermine international human rights protections or oversight, including revoking the International Criminal Court prosecutor’s visa to enter the U.S., and efforts to weaken the recommendations on women’s reproductive health and rights during the 63rd Session of the Commission on the Status of Women. [Reuters: Prosecutor; The Guardian] Read more

Forced Sterilization as a Human Rights Violation: Recent Developments

Commission on the Status of Women, New York

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.

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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

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

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