Search Results for “european court of justice” – Page 3

CEDAW Committee Issues Key General Recommendation on Women’s Access to Justice

September 10, 2015 IJRC armed conflict, children, civil society, crime & impunity, democracy & political rights, discrimination, due process & judicial protection, economic, social & cultural rights, family, freedom of religion, human rights defenders, immigration & asylum, indigenous communities, international human rights, judicial independence, liberty & security of person, persons with disabilities, privacy, property, reparations, transitional justice, UN treaty bodies, women's rights

On July 23, 2015, the UN Committee on the Elimination of Discrimination Against Women (CEDAW Committee) adopted a general recommendation on women’s access to justice, noting that the right of access to justice for women is essential to the realization of all the rights in the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). See Committee

Migration Crisis: Recent Developments, Human Rights Standards, and European Court Decision

September 4, 2015 IJRC armed conflict, children, civil society, conditions of detention, democracy & political rights, discrimination, due process & judicial protection, economic, social & cultural rights, European System, family, immigration & asylum, international human rights, international humanitarian law, liberty & security of person, torture, UN Special Procedures, UN treaty bodies

Political upheaval and human rights violations in parts of Africa and the Middle East, particularly in Eritrea, Kosovo, and Syria, are increasing migration flows to Europe at an unprecedented rate. While the European Union (EU) received approximately 626,000 applications for asylum in 2014, Germany alone is expected to receive 800,000 applications this year. [Financial Times: Germany] Europe has not yet

Kosovo to Create Special War Crimes Court but Faces Challenges

August 25, 2015 IJRC armed conflict, democracy & political rights, discrimination, due process & judicial protection, ICTY, International Criminal Court, international human rights, international humanitarian law, internationalized criminal tribunals, military and humanitarian intervention, right to life, security & rule of law, transitional justice

On August 3, 2015 the Kosovo Parliament passed the “Law on Specialist Chambers and Specialist Prosecutor’s Office,” a constitutional amendment that will establish a special war crimes court to prosecute former Kosovo Liberation Army (KLA) guerrillas for crimes committed during and after the Kosovo War between January 1, 1998 and December 31, 2000. The court will operate under Kosovo law

UN Committee Reviews Disability Records of 6 States and European Union

August 19, 2015 IJRC children, civil society, democracy & political rights, discrimination, due process & judicial protection, economic, social & cultural rights, family, indigenous communities, international human rights, labor rights, LGBTI rights, liberty & security of person, persons with disabilities, reproductive and sexual rights, UN treaty bodies, women's rights

On August 17, 2015 the UN Committee on the Rights of Persons with Disabilities (CRPD) commenced its 14th session in Geneva, Switzerland. During this session, which will end on September 4, the Committee will review the reports of Brazil, the European Union, Gabon, Kenya, Mauritius, Qatar, and Ukraine and adopt concluding observations. The Committee will also review reports submitted by

EU Court of Justice Ruling Blocks Uniform Human Rights Regime in Europe

December 23, 2014 IJRC due process & judicial protection, European System

The Court of Justice of the European Union (CJEU) ruled on December 18th that a draft agreement for the accession of the European Union (EU) to the European Convention on Human Rights (ECHR) is incompatible with EU law. [CJEU Press Release] The decision halts, at least temporarily, progress in efforts to see the EU become a party to the ECHR

In Hassan v. United Kingdom, the European Court of Human Rights Finds Extra-territorial Jurisdiction over Iraqi Detainee and Examines Interplay between Geneva Conventions and European Human Rights Obligations

September 17, 2014 IJRC European System, extrajudicial executions, international human rights, international humanitarian law, liberty & security of person, military and humanitarian intervention

On September 16, the European Court of Human Rights delivered its Grand Chamber judgment in Hassan v. United Kingdom, which involved the detention of an Iraqi national, Tarek Hassan, by the British army in Iraq in 2003. The applicant alleged that the United Kingdom was responsible for Tarek’s unlawful detention, ill-treatment, and death. The key issues before the Court were whether

European Court of Human Rights: Poland Responsible for Secret Detention, Torture, and Rendition of Two Guantánamo Detainees

July 30, 2014 IJRC death penalty, due process & judicial protection, European System, international human rights, liberty & security of person, regional human rights protection, security & rule of law, torture, Uncategorized

In its first judgment concerning the human rights of current Guantánamo detainees, the European Court of Human Rights (ECtHR) found that Poland failed to uphold its international obligations by allowing the secret detention, torture, and extraordinary rendition of a Saudi Arabian national and a stateless Palestinian, both suspected of terrorist acts. See ECtHR, Al Nashiri v. Poland, no. 28761/11, Judgment of 24

European Court of Human Rights Upholds Finnish Marital Restriction on Trans Gender Identity Recognition

July 21, 2014 IJRC discrimination, economic, social & cultural rights, European System, family, LGBTI rights, reproductive and sexual rights, women's rights

In a high profile new ruling, the European Court of Human Rights has held that requiring a transsexual woman to convert her marriage into a civil partnership in order to gain full legal recognition of her gender identity does not violate the European Convention on Human Rights (Convention). ECtHR, Hämäläinen v. Finland [GC], no. 37359/09, ECHR 2014, Judgment of 16 July

African Union Approves Immunity for Government Officials in Amendment to African Court of Justice and Human Rights’ Statute

July 2, 2014 IJRC African System, crime & impunity, ICTR, ICTY, International Criminal Court, international criminal law

In a controversial decision, the African Union has decided to specifically exempt senior government officials from prosecution by a proposed regional human rights court, which will otherwise be authorized to try individuals accused of crimes against humanity and other serious international crimes. At its 23rd Ordinary Session in Malabo, Equatorial Guinea last week, the Assembly of the African Union (AU) adopted an amendment to

European Court of Human Rights Releases Six New Thematic Factsheets on Landmark Cases

June 17, 2014 IJRC democracy & political rights, discrimination, European System, immigration & asylum, liberty & security of person, persons with disabilities, thought, expression & association, women's rights

The European Court of Human Rights has released six new factsheets summarizing its jurisprudence on the topics of: hunger strikes in detention, migrants in detention, domestic violence, elderly persons, persons with disabilities, and political parties and associations. The factsheets provide valuable insights into the kinds of issues being raised before the Court, direct practitioners to key cases and decisions, and