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
Category Archives: health
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.
In the month of September, several regional bodies and universal bodies and experts will assess States’ compliance with their human rights obligations by engaging in interactive dialogues, considering State and civil society reports, conducting country visits, holding hearings, and reviewing individual complaints. Five United Nations treaty bodies will meet throughout September to engage with States regarding their treaty obligations related to persons with disabilities; migrants and their families; enforced disappearances; children; and economic, social, and cultural rights. The UN Human Rights Council will be in session and will host panel discussions and forums related to unilateral coercive measures, the integration of the human rights of women throughout the United Nations system, the human rights of indigenous peoples, and the impact of intersecting forms of discrimination against women and girls. Four UN special rapporteurs will conduct country visits and one working group will meet in Geneva, Switzerland to discuss issues pertaining to enforced disappearances. Regionally, the Inter-American Commission on Human Rights (IACHR), the African Court on Human and Peoples’ Rights (AfCHPR), and the European Committee of Social Rights (ECSR) will be in session.
The UN treaty body sessions may be watched via UN Web TV. The African Court sessions may be watched on its YouTube channel, and the IACHR sessions may also be viewed on its YouTube channel. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar.
The African Committee of Experts on the Rights and Welfare of the Child (ACERWC) announced earlier this month that the African Union Assembly adopted the 2040 Agenda for Children, which lays out goals related to the rights of children set to be achieved across the continent by 2040. [ACERWC Press Release] The agenda was developed in consideration of conclusions drawn during a conference held in 2015 to evaluate the status of the rights of children in Africa 25 years after the adoption of the African Charter on the Rights and Welfare of the Child (Children’s Charter), which 48 of the 55 States on the continent have ratified. [ACERWC Press Release] The agenda, which draws on the Children’s Charter as well as other prominent legal and political documents, calls for an effective framework for the advancement of children’s rights, children’s access to nourishment and basic necessities, children’s ability to reap the benefits of education, the protection of children from abuse, and a child-sensitive criminal justice system, among other aspirations. [ACERWC Press Release] States will be responsible for reviewing their progress annually, and the ACERWC will facilitate more extensive reviews every five years. See ACERWC, Africa’s Agenda for Children 2040: Fostering an Africa Fit for Children (2016), at 34. Read more
The European Court of Human Rights (ECtHR) held last week that Belgium violated the rights of Rene Rooman – a prisoner with mental health problems who only speaks German – because the State failed to provide access to a psychologist who could also speak German. See ECtHR, Rooman v. Belgium, no. 18052/11, ECHR 2017, Judgment of 18 July 2017 (in French). Following a criminal conviction in 1997, Rooman, a Belgian and German national, was put in detention and later placed in a psychiatric institution in Paifve. [ECtHR: Press Release] Rooman’s application before the ECtHR alleged violations of the prohibition of inhuman or degrading treatment and the right to liberty and security enshrined in articles 3 and 5 of the European Convention on Human Rights (European Convention), respectively. [ECtHR: Press Release] The ECtHR took into account prior efforts made by mental health bodies in the Paifve institution, but found that the national authorities’ failure to provide him with a psychologist who could speak German, one of three official languages in Belgium, was a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention because it caused Rooman distress that exceeded the unavoidable level of suffering that is inherent in detention. [ECtHR: Press Release] The ECtHR also considered whether there had been a violation of Article 5 (the right to liberty) but did not find a violation because Rooman was held in a facility appropriate for a person with a mental health disability. [ECtHR: Press Release] The European Court has previously held that when a State detains someone with a mental health disability and does not provide adequate medical care to the detriment of the detainee’s health, the State has violated the right to prohibition of inhuman or degrading treatment. See, e.g., ECtHR, Claes v. Belgium, no. 43418/09, ECHR 2013, Judgment of 10 January 2013. Read more
On July 17, 2017, the United Nations Assistance Mission in Afghanistan (UNAMA) released its mid-year report on the situation of civilians in Afghanistan, revealing that the level of civilian casualties remains high. [UNAMA Press Release] UNAMA confirmed a total of 5,243 civilian casualties (1,662 deaths and 3,581 injured) from January 1 to June 30, 2017, which represents a decrease of less than one percent from the same period in 2016, but reported an increase in deaths. See UNAMA, Afghanistan Protection of Civilians in Armed Conflict: Mid-Year Report 2017 (2017), at 3. The number of women and children killed and injured has increased this year, despite a decline in women and children casualties in 2016. [UNAMA Press Release] Civilian casualties in the first half of the year were primarily the result of anti-government forces’ use of improvised explosive devices (IEDs), such as suicide bombs, in civilian-populated areas. See UNAMA, Afghanistan Protection of Civilians in Armed Conflict: Mid-Year Report 2017, at 3–4. Medical facilities and schools continue to be targeted, impeding Afghans’ access to health care and education. See id. at 13, 17–19.
In consideration of its findings, UNAMA recommends that anti-government forces stop targeting civilians, that government forces stop using weapons such as mortars and rockets that can have devastating effects in civilian areas, and that international militaries support and train Afghanistan’s national army, among other recommendations. [UNAMA Press Release] In a statement recognizing the high rates of death and injury recorded in the report, the UN High Commissioner for Human Rights noted that the statistics on casualties do not depict the full extent of the loss and suffering, such as psychological trauma and displacement. [OHCHR Press Release] Afghanistan is a State party to the Rome Statute, Geneva Conventions, and the International Covenant on Civil and Political Rights (ICCPR), and, therefore, the State must refrain from targeting civilians during non-international armed conflict and respect and protect the right to life.
- Liu Xiaobo, a Chinese dissident who previously won the Nobel Peace Prize, died from cancer on Thursday. [New York Times]
- On Wednesday, protesters in Zimbabwe demonstrated in favor of fair elections but were met with tear gas and water cannons. [Al Jazeera]
- Last weekend, tens of thousands of protesters in Istanbul, Turkey demonstrated against the state of emergency that has been ongoing since July 2016. [Washington Post]
- The President of Colombia granted amnesty this week to an additional 3,600 Farc members, following the completion of the Farc’s disarmament last month. [BBC]
- A court in Kenya last week ruled that the Dubai-based company set to print ballots for the presidential race in Kenya could not do so due to the company’s ties to the current President of Kenya, Uhuru Kenyatta. [BBC]
- Nineteen of the 20 States represented at the recently concluded G20 summit reiterated their commitment to the Paris climate agreement while taking note of the decision of the United States not to follow the agreement. [Guardian]
- An iceberg that is 5,800 square kilometers broke off from an ice shelf on the Antarctic peninsula this week. [Guardian]
Activities of Human Rights Bodies & Experts
- A recently published declaration from the African Commission on Human and Peoples’ Rights on human rights defenders recommends expanding protections for defenders in the region. [IJRC]
- Several United Nations independent experts expressed concern this week over the power shortages in Gaza, stating that the reduced access to power has led to water shortages, reduced availability of health services, and increased food insecurity. [OHCHR Press Release]
Humanitarian Crises & Armed Conflict
On July 5, 2017, the Inter-American Commission on Human Rights (IACHR) selected Soledad García Muñoz to be the first Special Rapporteur on Economic, Social, Cultural, and Environmental Rights (ESCER). [IACHR Press Release: Muñoz (in Spanish)] The mandate of the newly established Rapporteurship is to promote, protect, and defend economic, social, cultural, and environmental rights in the Americas by addressing issues such as poverty; pollution; and access to health care, education, potable water, and nutrition. [IACHR Press Release: Finalists] García Muñoz, of Argentina, was selected from a list of four finalists during the IACHR’s 163rd Extraordinary Period of Sessions. [IACHR Press Release: Finalists; IACHR Press Release: Muñoz] García Muñoz is a lawyer who has worked globally to protect human rights, including with various United Nations agencies, the Organization of American States (OAS), the International Organization for Migration, and the Inter-American Institute of Human Rights, among others. [IACHR Press Release: Muñoz] She served as President of Amnesty International’s Section on Argentina and has substantial experience litigating before universal and regional human rights mechanisms. [IACHR Press Release: Muñoz] As Special Rapporteur, García Muñoz plans to work in coordination with other IACHR divisions to open a dialogue. [IACHR Press Release: Muñoz] She will take office on August 15, 2017 and serve a three-year term, which is renewable once. [IACHR Press Release: Muñoz] Read more
The African Commission on Human and Peoples’ Rights (ACHPR) recently published the Cotonou Declaration on strengthening and expanding the protection of all Human Rights Defenders in Africa that recommends repealing harmful and discriminatory laws, ensuring compliance with existing international standards that impact human rights defenders, and developing standards on women human rights defenders, among other recommendations. Adopted earlier this year during the 2nd International Symposium on the Situation of Human Rights Defenders in Africa held from March 27 to April 1, 2017, in Cotonou, Benin, civil society, national human rights institutions (NHRIs), and States in the region developed the Declaration. See ACommHPR, Cotonou Declaration on strengthening and expanding the protection of all Human Rights Defenders in Africa (adopted on 1 April 2017). The Commission’s Special Rapporteur on human rights defenders, Madame Reine Alapini-Gansou, organized the colloquium with the goal of strengthening the protection of human rights defenders in the pan-African region through an assessment of the progress made, and the development of new strategies capable of responding to the current needs of human right defenders. See ACommHPR, 60th Ordinary Session of the African Commission on Human and Peoples’ Rights Intersession Activity Report (2017), para. 35. The Declaration identifies the abuse of counter-terrorism laws, undue restrictions on the right to freedom of association, violence and threats of violence against defenders and their families, reprisals, and the targeting of certain groups of defenders, among others, as challenges to the protection of human rights defenders, and recommends, in part, raising awareness through the documentation of violations and publication of reports. See Cotonou Declaration on strengthening and expanding the protection of all Human Rights Defenders in Africa (2017). This Declaration is one of seven declarations adopted by the ACHPR since its founding, and while the ACHPR has adopted resolutions on human rights defenders, the existing treaties, declarations, and general comments in the pan-African Human Rights System do not address human rights defenders specifically.
In the month of July, various universal and regional bodies will assess States’ compliance with their human rights obligations by engaging in interactive dialogues, considering State and civil society reports, conducting country visits, and reviewing individual complaints. Four United Nations treaty bodies will meet to engage with States regarding their treaty obligations related to the rights of women, civil and political rights, torture, and racial discrimination. A working group will meet to discuss complaints submitted to the Human Rights Council, an expert mechanism will meet to discuss the rights of indigenous peoples, and two UN special procedure mandate holders will conduct country visits. Regionally, the Inter-American Commission on Human Rights and the European Committee of Social Rights will be in session. Additionally, the Grand Chamber of the European Court of Human Rights will hear a case concerning the right to a fair trial in Croatia.
The UN treaty body sessions and the public hearings of the European Court and Inter-American Commission, may be watched via UN Web TV, the European Court’s website, and the Inter-American Commission’s website and Vimeo, respectively. To view human rights bodies’ past and future activities, visit IJRC’s Hearings & Sessions Calendar. Read more