On December 4, 2017, the United Nations Human Rights Council appointed Victor Madrigal-Borloz as the new Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity to replace Vitit Muntarbhorn, who resigned for personal reasons. [OHCHR Press Release: Announcement] Madrigal-Borloz is expected to begin his term as the new Independent Expert on January 1, 2018. [OutRight International] The Human Rights Council first created this special procedure mandate in a resolution adopted in November 2016 after a controversial debate. [OHCHR Press Release: New Mandate] The mandate is up for renewal in 2019, at which time, assuming the mandate is renewed, Madrigal-Borloz will be able to serve an additional three years. [OutRight International] In addition to being the current Secretary General of the International Rehabilitation Council for Torture Victims, Madrigal-Borloz has served on the Board of Directors of the International Justice Resource Center since 2011. Read more
Category Archives: international human rights
The Inter-American Commission on Human Rights (IACHR) recently published a report identifying the perpetual and systemic forms of discrimination suffered by indigenous women in the Americas. See IACHR, Indigenous Women and Their Human Rights in the Americas (2017). The IACHR composed the report in response to the regular information it has received on the pervasiveness of discrimination against indigenous women in the form of physical, psychological, and sexual violence; barriers to access to services; and other impacts on personal integrity. See id. at paras. 1-2. To gather information for the report, the IACHR drew from its hearings, examination of individual complaints, thematic reports, country visits, questionnaires, meetings with indigenous women, and cases decided by the Inter-American Court of Human Rights. See id. at paras. 4, 13-29, 87. In the report, the IACHR identifies and examines three dimensions of discrimination: violence against indigenous women; access to justice; and the protection of their economic, social, and cultural rights.
Building on the IACHR’s previous work on discrimination against women and the rights of indigenous persons, the report purposefully interweaves existing standards on the rights of women and the rights of indigenous peoples to effectively protect indigenous women. See id. at paras. 11, 51, 58. The IACHR provides seven guiding principles and ultimately makes several recommendations to States. In particular, the guiding principles emphasize taking an intersectional approach to address the multidimensional discrimination indigenous women face, and both the guiding principles and the recommendations highlight the importance of involving indigenous women in policy making, processes affecting their rights, and in different levels of government. See id. at paras. 38-41, 44, 45, 231. Read more
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 reports, country visits, and thematic and contentious hearings. Two United Nations treaty bodies will continue their sessions that began in November on issues concerning racial discrimination and torture. Ten United Nations special procedures mandate holders and groups of experts will conduct country visits across five continents in December, and one UN group of experts will hold sessions. Regionally, the Inter-American Commission on Human Rights (IACHR) will continue its session and hold thematic hearings on specific human rights issues in the United States and Canada. The European Committee of Social Rights (ECSR) will hold sessions, and the Grand Chamber of the European Court of Human Rights (ECtHR) will hear two cases related to the right to assistance of counsel and the application of Islamic law in national courts, respectively.
In November, several universal and regional bodies will assess States’ compliance with their human rights obligations, through the consideration of State and civil society reports, country visits, dialogues, and hearings on individual complaints. Six United Nations treaty bodies will be holding sessions in the month of November on issues related to civil and political rights, women, racial discrimination, and torture. The Universal Periodic Review Working Group will also be in session and will review nine State reports, holding interactive dialogues with those States’ representatives. Seven UN Special Rapporteurs and one working group expert will conduct country visits, and three working groups will be in session in Geneva, Switzerland. Regionally, the Inter-American Commission on Human Rights (IACHR), Inter-American Court of Human Rights (IACtHR), African Commission on Human and People’s Rights (ACHPR), and African Court on Human and People’s Rights (AfCHPR) will all be in session. The Grand Chamber of the European Court of Human Rights (ECtHR) will hear three cases related to inhuman and degrading treatment in the context of the effectiveness of a criminal investigation, fair punishment in the context of suspension from public office as a penalty for conviction, and the legality of detention as a preventative measure.
The UN Human Rights Council’s and UN treaty bodies’ sessions may be watched via UN Web TV. The IACtHR’s session may be viewed on its website or Vimeo page, and the IACHR sessions may be viewed on its YouTube channel. The African Court sessions may be watched on its YouTube channel. The ECtHR hearings may be viewed on its webcast.
To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar.
The International Justice Resource Center (IJRC) in collaboration with the Institute for Human Rights and Development in Africa (IHRDA) and the Initiative for Strategic Litigation in Africa (ISLA) will hold a training from 09:00 to 10:30 on October 30, 2017 at the Kairaba Hotel in Banjul, The Gambia, ahead of the 61st Ordinary Session of the African Commission of Human and People’s Rights (ACHPR). The training, which will take place at the seat of the ACHPR in Banjul, seeks to provide human rights defenders, advocates, and victims with updated tools and strategies for conducting research on sources in international human rights law, State compliance with human rights obligations, and national legislation and jurisprudence. As part of its 61st Ordinary Session, which begins on November 1, 2017, the ACHPR will celebrate its 30th anniversary; the ACHPR will use the commemoration to assess the progress of the Commission and to develop strategies for the future promotion of human rights in Africa. [ACHPR: Anniversary] IJRC invites all attendees of the 61st Ordinary Session and preceding NGO Forum to attend this training. For more information, see IJRC’s event flyer and training description.
IJRC also wishes to call attention to the recent arrest in Tanzania of ISLA executive director, Sibongile Ndashe, and 12 other advocates. These human rights defenders were arrested while participating in a workshop on planned litigation to challenge Tanzania’s restrictions on clinics and lubricants helping to stop the spread of HIV. [HRW] The police arrested the lawyers and activists for “promoting homosexuality,” a crime that reportedly does not appear on the Tanzanian criminal code; although they remained in detention, they had yet to be formally charged as of October 25, 2017. [ISLA; Daily Nation] Tanzania is among the countries that still criminalize same-sex conduct. See ILGA, Sexual Orientation Laws in the World – Criminalisation. Authorities have carried out similar arrests over the past year, as part of an intensified crackdown on the LGBT community. [AP; NewsDeeply; Guardian] IJRC has signed on to calls for their immediate release without charge, and looks forward to seeing our ISLA partners in Banjul. Read more
On October 5, 2017, the European Court of Human Rights (ECtHR) unanimously ruled that Norway violated a journalist’s rights under Article 10 (right to freedom of expression) of the European Convention of Human Rights (ECHR) because the Supreme Court of Norway imposed a fine on her for refusal to testify on her source, who had already made himself known. See ECtHR, Becker v. Norway, no. 21272/12, ECHR 2017, Judgment of 5 October 2017. The Court’s decision turned on the fact that it was not necessary to the case to retrieve the journalist’s testimony, since the individual suspected of criminal activity was charged and convicted without her statement. See id. at para. 78. This case goes beyond the ECtHR’s existing jurisprudence on the application of the right to freedom of expression to the protection of journalists’ sources. Prior to this case, the ECtHR had yet to address the question of whether a court may compel testimony when the source’s identity has already been revealed by the source’s own admission. See id. at paras. 73-74. The ECtHR decided that a source’s own disclosure is not decisive of whether a journalist should be compelled to disclose the source in his or her own testimony. See id. at para. 75. Read more
The United Nations Office of the High Commissioner for Human Rights (OHCHR) recently announced the publication of the Standards of Conduct for Business to fight discrimination against lesbian, gay, bi, trans, and intersex (LGBTI) persons. [OHCHR Press Release] The Standards of Conduct for Business build upon the UN Guiding Principles on Business and Human Rights and the UN Global Compact – which collectively contain UN standards directed at businesses to respect and protect human rights, and remedy rights violations – to offer guidance to companies on how businesses should treat LGBTI people in the workplace and how businesses can promote LGBTI rights in the marketplace and in the community. See UN High Commissioner for Human Rights, Tackling Discrimination against Lesbian, Gay, Bi, Trans, & Intersex People: Standards of Conduct for Business (2017), 1, 5-6. Several businesses, including Accenture, Baker McKenzie, BNP Paribas, The Coca-Cola Company, Deutsche Bank, EDF, EY, Gap Inc., Godrej, IKEA Group, Microsoft, Oath, Orange, SAP, and Spotify, have already shown public support for the Standards of Conduct for Business. [OHCHR Press Release] The commentary from the OHCHR accompanying the Standards of Conduct for Business explains that domestic legal reforms alone are not enough to create inclusive communities, and, therefore, the OHCHR notes that the corporate sector not only has an obligation to respect human rights but also holds significant influence in curbing human rights abuses. See UN High Commissioner for Human Rights, Tackling Discrimination against Lesbian, Gay, Bi, Trans, & Intersex People: Standards of Conduct for Business, 15. The standards also bring together two areas in human rights protection that the international community is increasingly recognizing – businesses’ responsibility to respect, protect, and remedy human rights and violations thereof, and the human rights of LGBTI persons. [IJRC: SOGI; IJRC: Forum] Read more
In a recent opinion, the United Nations Committee on the Rights of Persons with Disabilities (CRPD) held that Tanzania’s failure to protect an individual with albinism from violence and discrimination constitutes a violation of the country’s obligations under the International Convention on the Rights of Persons with Disabilities (ICRPD). [OHCHR Press Release] See Committee on the Rights of Persons with Disabilities, Mr. X v. Tanzania, Communication No. 22/2014, Views of 31 August 2017, UN Doc. CRPD/C/18/D/22/2014, paras. 8.1-8.7. The case concerned a man who was attacked and dismembered by men who targeted him due to his albinism. [OHCHR Press Release] Although the victim claimed to know the identity of the perpetrators, Tanzanian prosecutors dropped his case and failed to continue their investigation. [OHCHR Press Release] See CRPD, Mr. X v. Tanzania, para. 2.2. In its August 31, 2017 communication, the CRPD held that failing to investigate and prosecute an attack resulting in dismemberment as the result of the victim’s albinism constitutes discrimination based on a disability in violation of the ICRPD. See id. at paras. 8.1-8.4. In addition to a violation of the right to non-discrimination under Article 5 of the ICRPD, the Committee also held that Tanzania violated the rights to prohibition of torture and cruel, inhuman, or degrading treatment or punishment, and to personal integrity under articles 15 and 17 of the Convention, respectively. See id. at paras. 8.5-8.7. Tanzania has one of the highest rates of albinism in the world, and people with albinism in the country frequently face various forms of violence and discrimination, both of which are often conducted with impunity. See Human Rights Council, Resolution 28/75, Report of the Human Rights Council Advisory Committee on the study on the situation of human rights of persons living with albinism, UN Doc. A/HRC/28/75, 10 February 2015, paras. 18, 26-34. Read more
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.
At the end of August, the Supreme Court of India unanimously held that the Constitution of India specifically protects the right to privacy, which it concluded is inherent to constitutional guarantees of life and liberty pursuant to its Article 21 and, therefore, already exists as a fundamental freedom enshrined in the Constitution. See Justice K.S. Puttaswamy (Retd) vs. Union of India, (2017) (India) (opinion of Chandrachud, J.), at 110, 254, 257, 262. The decision arose from a case challenging the constitutionality of the country’s system of using biometrics to identify individuals. For the case to move forward, the nine judges of the Supreme Court of India had to first determine whether the Constitution of India protects the right to privacy. See id. at 7. Affirming the right, the court’s decision was in accordance with international standards on privacy; the court confirmed that individuals have a zone of privacy limited by others’ rights and that the State may interfere with the right to privacy only through established law in pursuit of a legitimate aim and when necessary in a democratic society. See id. at 180-91, 242-46. The constitutional challenge to the biometric identification system will now resume, taking into account the privacy framework decided by the court.
According to Human Rights Watch (HRW) the ruling in the present case will not only have an impact on national policies concerning mandatory identification programs, but also other domestic issues, such as sexual orientation; the opinion explicitly states that sexual orientation is essential to privacy and identity, and discrimination on the basis of sexual orientation is counter to dignity. A challenge to India’s law criminalizing same-sex relations is also currently pending in court. [HRW] See id. at 124. The decision already overruled two prior domestic cases that held the right to privacy is not specifically protected under the Constitution of India. See Justice K.S. Puttaswamy (Retd) vs. Union of India, (opinion of Chandrachud, J.), at 5. Read more