International election observers, civil society, and protesters have raised concerns over the fairness of Hungary’s April 8 parliamentary elections in which the incumbent prime minister, Viktor Orbán, and his Fidesz party secured a strong majority, winning 133 of 199 parliamentary seats; media bias and intimidation of independent journalists as well as xenophobic and intimidating rhetoric, civil society and election observers have noted, steered the election outcomes in favor of Fidesz. [Guardian: OSCE; HRW; Reuters: Protest] The Organisation for Security and Cooperation in Europe (OSCE), an intergovernmental body that monitors the elections of Member States, found that the incumbent Fidesz party exploited its current position in power to “[undermine] contestants’ ability to compete on an equal basis” through the use of intimidating rhetoric, media bias, and the government’s use of public money to support the campaign of the incumbent party to influence the voting public. See OSCE, Statement of Preliminary Findings and Conclusions (2018), 1. Echoing the OSCE, civil society organizations raised concerns over Fidesz’s practice of smearing journalists and non-governmental organizations (NGOs) that oppose the party’s views, and over the government’s support, announced a day after the election, of a law that would limit the activities of civil society working with migrants and refugees. [HRW; HHC Press Release] Protesters gathered in Budapest over the weekend referring to the election as unfair and calling for a free media. [Reuters: Protest] Before the election, the United Nations High Commissioner for Human Rights raised concerns over the “racist and xenophobic” rhetoric of Orbán and the undermining of the independence of the press and the judiciary. [OHCHR Press Release] Under the International Covenant on Civil and Political Rights (ICCPR), Hungary is obligated to ensure the rights to non-discrimination, to freedom of expression, to freedom of association, and to vote. Read more
Category Archives: Universal system
In the month of April, several universal and regional bodies will assess States’ compliance with their human rights obligations through interactive dialogues, the consideration of State and civil society reports, country visits, and the review of individual complaints. Four United Nations treaty bodies will meet throughout April to engage with States regarding their treaty obligations related to civil and political rights, economic and cultural rights, torture, racial discrimination, and migrant workers. One treaty body will meet as a pre-sessional working group to discuss economic, social, and cultural rights. Further, civil society can register this month to participate in the sessions of two treaty bodies that will meet in May on children’s rights and enforced disappearances, respectively. Eleven UN special procedures experts will conduct country visits focusing on minority issues, freedom of religion or belief, extreme poverty, torture and inhuman treatment, safe drinking water and sanitation, violence against women, the use of mercenaries, international solidarity, older persons, human rights defenders, and racial discrimination. Three working groups will hold sessions on the use of mercenaries, enforced disappearances, and arbitrary detention.
Regionally, the African Commission on Human and Peoples’ Rights (ACHPR) and the Inter-American Court of Human Rights (IACtHR) will all be in session. The Grand Chamber of the European Court of Human Rights (ECtHR) will hear two cases related to the right to liberty and security and the prohibition of cruel or inhuman treatment.
The UN treaty body sessions and the public hearings of the European Court and Inter-American Court may be watched via UN Web TV, the European Court’s website, and the Inter-American Commission’s website or Vimeo, respectively. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar.
On March 15, the European Court of Human Rights (ECtHR) issued a landmark decision finding that States are not required to allow victims of torture to sue perpetrators in civil proceedings, in the absence of criminal proceedings, for compensation when the act of torture occurred outside of the territory of the State and the perpetrators are not nationals and are domiciled abroad. See ECtHR, Naït-Liman v. Switzerland [GC], no. 51357/07, ECHR 2018, Judgment of 15 March 2018, paras. 97, 217. Accordingly, the ECtHR Grand Chamber held that States are not obligated under international law to exercise universal civil jurisdiction over acts of torture. See id. at para. 203. Universal civil jurisdiction is the power of a domestic court to resolve claims for monetary compensation without there being any connection between the State where the case is brought and the underlying facts of the case. See id. at para. 177. Although the ECtHR recognized that States were obligated to exercise universal criminal jurisdiction over acts of torture, the ECtHR found that there was no similar obligation for civil claims that are wholly separate from a criminal proceeding. See id. at para. 97. This decision diverges from the position taken by the United Nations Committee against Torture (CAT) and various international human rights organizations, including Amnesty International, the International Commission of Jurists, Redress Trust, and the World Organization Against Torture. See id. at paras. 52-53, 161, 167-68. The CAT maintains that States are obligated to award reparations for acts of torture, even if the torture occurs outside of the territory of the State, and to ensure that civil liability and redress is “available independently of criminal proceedings.” See id. at paras. 52-53, 161, 167-68; CAT, General Comment No. 3 (2012), UN Doc. CAT/C/GC/3, 13 Dec. 2012, paras. 22, 26. Read more
The Committee on the Elimination of Discrimination Against Women (CEDAW Committee) recently published a general recommendation on the adoption of a gender-based approach on the prevention of and response to climate change and environmental disasters. See Committee on the Elimination of Discrimination Against Women, General Recommendation No. 37: Gender-related dimensions of disaster-risk reduction in the context of climate change, UN Doc. CEDAW/C/GC/37, 9 February 2018. The General Recommendation provides guidance to States on fully implementing the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in the context of climate change and disasters; under the Convention, States parties have both general obligations to ensure gender equality as well as specific obligations to guarantee rights that may be negatively affected by climate change and natural disasters. See id. at para. 10. The General Recommendation warns that pre-existing gender inequalities are aggravated following a disaster and women become more susceptible to gender-based violence, but States parties must still guarantee the rights enumerated in the Convention. See id. at paras. 3, 10. The General Recommendation is one of several recent developments on international standards at the intersection of human rights and the environment; notably the Special Rapporteur on the issue of human rights obligations related to the enjoyment of a safe, clean, healthy and sustainable environment recently called for the recognition of the right to a healthy environment at the universal level, and published guidance on children’s rights and the environment. [OHCHR Press Release] Read more
The United Nations Committee Against Torture (CAT) recently published its General Comment 4 on the implementation of Article 3 (non-refoulement, or not deporting or extraditing an individual to a country where they are at risk of torture) of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention against Torture), replacing the CAT’s first general comment 20 years after its publication; the new General Comment reiterates existing standards, provides additional guidance on torture and non-refoulement under the Convention against Torture, and provides expanded guidance on how the Committee reviews communications that allege violations of Article 3. [OHCHR Press Release: CAT] The General Comment notably solidifies some of the decisions on Article 3 made in the CAT’s merits decisions, including that sending States must consider the actions of non-State actors as well as State actors when determining the risk of torture for a potential deportee, and that the State’s obligation to not deport an individual at risk of torture in the receiving State is absolute. The General Comment’s guidance on communications may assist individuals at risk of refoulement submit more effective claims to international bodies, which will likely help the Committee expedite the processing of complaints and address its extensive backlog; the Committee’s complaints involving Article 3 claims make up the majority of complaints submitted to the Committee. See CAT, General Comment No. 4 (2017) on the implementation of article 3 of the Convention in the context of article 22, Advanced Unedited Version, 9 February 2018, para. 7. [OHCHR Press Release: Statement; OHCHR Press Release: CAT] Read more
The Inter-American Commission on Human Rights (IACHR) recently published its merits report in a case concerning the 1988 extrajudicial killing of Colombian human rights defender Valentín Basto Calderón, which has gone unsolved. See IACHR, Merits Report No. 45/17, Case 10.455, Valentín Basto Calderón et al. (Colombia), 25 May 2017 (in Spanish). Bystanders Pedro Vicente Camargo, who was also killed, and his daughter Carmenza, who was injured, were also included as victims in the petition to the IACHR. At a time of armed conflict when State agents and paramilitaries frequently assassinated human rights defenders and community leaders, State agents had threatened Basto Calderón and harassed his family members. The State then failed to conduct a thorough and timely investigation of the events. See id. at para. 1. The International Justice Resource Center (IJRC) submitted an amicus curiae brief to the IACHR to provide supplementary analysis on this case, with a focus on Colombia’s obligations specific to human rights defenders. The Colombian Commission of Jurists represented the petitioners before the IACHR. In holding Colombia responsible for violations to the rights to life and humane treatment, among others, the IACHR took special note of the State’s specific obligations to protect and respect the rights of human rights defenders. Read more
In March 2018, 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, interactive dialogues, and hearings on individual complaints. Four United Nations treaty bodies will be holding sessions throughout March on the rights of persons with disabilities; the rights of women; economic, social, and cultural rights; and civil and political rights. The UN Human Rights Council will continue its session from last month. Additionally, one UN rapporteur, two UN independent experts, and one UN working group will conduct country visits this month.
Regionally, the African Court on Human and Peoples’ Rights (AfCHPR) will continue its session from last month, and will consider the admissibility and merits of pending complaints before the Court. The Grand Chamber of the European Court of Human Rights (ECtHR) will hear arguments in three cases, two on the right to life and one on the right to property, and the European Committee of Social Rights (ECSR) will be in session. Additionally, the Inter-American Court of Human Rights (IACtHR) and the Inter-American Commission on Human Rights (IACHR) will be in session, and will hold public hearings during those sessions.
The UN treaty body sessions and the public hearings of the European Court, Inter-American Commission, and Inter-American Court may be watched via UN Web TV, the European Court’s website, the Inter-American Commission’s website and Vimeo, respectively. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar.
This month, the International Criminal Court (ICC), the Inter-American Commission on Human Rights (IACHR), and United Nations special procedures mandate holders all took steps to expose Venezuelan President Nicolas Maduro’s regime’s responsibility for human rights violations and international crimes committed against the Venezuelan population. On February 8, the prosecutor of the ICC announced that she opened a preliminary examination into the situation in Venezuela. The preliminary examination will study, since April 2017, the use of excessive force by State security forces to disperse and end demonstrations and the arrest and detention of thousands of perceived members of the opposition, some of whom have allegedly been subjected to abuse and ill-treatment during their detention. [ICC Press Release] On February 12, the IACHR published and presented to the Organization of American States its report on the human rights situation in Venezuela in 2016 and 2017, noting the deterioration of human rights in Venezuela, and in particular the political, economic, and social crisis in the country. [IACHR Press Release] A group of independent experts at the UN consisting of the Special Rapporteur on the right to adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context; Special Rapporteur on the right to food; Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; and the Special Rapporteur on extreme poverty and human rights released a statement on February 9 that asserts that the degradation of human rights in Venezuela has led to the starvation, deprivation of necessary medicine, lack of necessary hygiene products, and deterioration of living conditions for a large number of Venezuelans. [OHCHR Press Release: Experts]
In February 2018, 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, interactive dialogues, and hearings on individual complaints. Four United Nations treaty bodies will be holding sessions throughout February on issues related to children’s rights, prevention of torture, the rights of persons with disabilities, and the rights of women. The UN Human Rights Council and several of its working groups will also be in session to review communications as well as thematic and country-specific reports. Two UN special rapporteurs will carry out country visits, and two special procedures working groups will hold private sessions on the topics of forced disappearances, and business and human rights.
Regionally, the Inter-American Court of Human Rights (IACtHR) and the Inter-American Commission on Human Rights (IACHR) will be in session, and will hold public hearings during those sessions. The Grand Chamber of the European Court of Human Rights (ECtHR) will hear arguments in one case on the alleged violation of due process rights during domestic criminal proceedings, including the right to a fair trial, the right to adequate preparation of a defense, and the right to examine a witness.
The UN treaty body sessions and the public hearings of the European Court, Inter-American Commission, and Inter-American Court may be watched via UN Web TV, the European Court’s website, the Inter-American Commission’s website, and Vimeo, respectively. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar.
The Office of the United Nations High Commissioner for Human Rights (OHCHR) has called on the Tunisian government to respect demonstrators’ rights following the protests that began around January 8, continuing through January 14, and have resulted in almost 850 arrests. [UN News Centre; NY Times: Arrests; BBC: Gas] In addition to mass arrests, the police have responded to the protests with tear gas and violence, which the State claims is justified by some protesters’ vandalism, theft, and aggression, despite reports of these tactics also being used against peaceful protesters. [BBC: Gas; Amnesty International] January 14, 2018 marks the seventh anniversary of the 2011 protests that culminated in the ousting of Tunisian President Zine al-Abidine Ben Ali, following his 23 year-long rule. [BBC: Gas] While Tunisians gathered to commemorate this date, the demonstrators also protested the recent 2018 Finance Act, which took effect on January 1, 2018, and imposes austerity measures such as an increase in taxes on specific goods and services, including food and gas prices. [CNN; NY Times: Economic; Al Jazeera] As a party to several universal human rights treaties, and to the African Charter on Human and Peoples’ Rights, Tunisia is obligated to ensure the human rights to freedom from arbitrary arrest and detention, to freedom of peaceful assembly, and to freedom of expression, which the OHCHR has urged the government to abide by. [UN News Centre] See OHCHR, Ratification Status for Tunisia; African Union, List of countries which have signed, ratified/acceded to the African Charter on Human and Peoples’ Rights. Read more