Symposium on civil liability for business-related human rights abuses

Symposium on civil liability for business-related human rights abuses

As part of its work to raise awareness and deepen the understanding about the importance of civil liability for the objective of improved accountability of business-related human rights abuses and access to justice and reparations, the ICJ is partnering with the Bonavero Institute of Human Rights to organize an online symposium.

The symposium is open to practitioners, policymakers, civil society, academics, and students working on these subjects. It will feature two panel discussions on Zoom on 7 June 2021 and 14 June 2021.

Past decades saw an emerging trend towards reliance on civil liability claims to address business-related human rights abuses (e.g., Lungowe v Vedanta and Okpabi v Shell in the UK; Choc v Hudbay Minerals and Araya v Nevsun in Canada; Akpan v Shell in the Netherlands; Jabir and others v KiK Textilien in Germany).

The ICJ and the Bonavero Institute of Human Rights’ symposium will discuss the wider implications of recent jurisprudence and identify the remaining gaps in the law.

The discussions will focus on a range of issues, including 1) the contours of rules on the duty of care; 2) prospects for supply chain liability under the law of civil remedies; 3) parent company liability and complicity under civil law; 4) prospects of access to justice.

Please follow the links below to register separately for each panel. The symposium will also involve a series of blogs by experts in the field to be published by Opinio Juris starting 21 June 2021.

Panel 1 ‘Duty of care and parent company liability’

Day and time: 7 June 2021 at 14.00 – 16.00 BST

To register for Panel 1, please click here

Panel 2 ‘Access to justice and civil claims for business-related human rights abuses: Challenges and opportunities’

Day and time: 14 June 2021 at 14.00 – 16.00 BST

To register for Panel 2, please click here

This symposium is co-convened by Dr Carlos Lopez and Dr Ekaterina Aristova. Please get in touch with the organisers if you have any questions. The symposium is part of the project on civil liability for human rights violations led by the Bonavero Institute and funded by the Oak Foundation.

 

Summer School: Family life and rights of migrant children in the EU

Summer School: Family life and rights of migrant children in the EU

Scuola Superiore Sant’Anna, in collaboration with the International Commission of Jurists (ICJ), is organizing an online Summer School on the “Family life and rights of migrant children in the European Union” on 23-25 June, 15-16 and 19-20 July 2021.

It will provide training on the right to private and family life of migrant children within the international and regional framework of human rights and EU law, and current challenges in protecting the rights of migrant children, including in the context of Covid-19. The lectures of the Summer School will also touch upon the EU’s Pact on Migration and Asylum of 2020 and the EU Strategy on the Rights of the Child 2021-2024.

The Summer school will be held in English and is open to professionals, academics, and students who would like to deepen their knowledge of the topic. Participants will be provided with relevant teaching materials which were developed in the FAIR project coordinated by the ICJ on fostering migrant children’s access to rights.

Enrolment must be made by application submitted online by 15 June 2021 and is limited to 40 participants. An early bird discount applies to candidates who register before 6 June 2021, while an exemption from enrolment fees applies to 5 foreign students who are beneficiaries of international protection (refugees and subsidiary protection holders).

See more details and the full agenda here: MARS summer school_brochure

Webinar: Immigration detention of children in the EU

Webinar: Immigration detention of children in the EU

On Thursday 3 June 2pm CET, the International Commission of Jurists (ICJ) together with Saskia Bricmont, Greens/EFA MEP, will hold an online event on immigration detention of children in the EU, the current situation and implementation of the legal framework in EU countries. The event will consider ways forward and alternatives to detention, including in light of the new proposals of the EU Pact on Migration and Asylum and EU strategy on the rights of the child.

The event is organised on the occasion of the launch of the CADRE project (“Children’s Alternatives to Detention protecting their Rights in Europe”), seeking to promote the expansion, implementation and improvement of viable and effective alternatives to detention for migrant children in full respect of their rights in the EU, co-ordinated by the ICJ in partnership with seven national and international partners:

See the full agenda of the event here: CADRE_public launch event agenda

To register please fill in the form online here. Registration closes 3 pm CET 2 June.

Greece and Italy: judges highlight the need for procedural guarantees for migrants and asylum seekers

Greece and Italy: judges highlight the need for procedural guarantees for migrants and asylum seekers

Migrants and asylum seekers must be provided adequate procedural guarantees in asylum procedures and in immigration detention, a group of experts and judges asserted during a seminar for Greek and Italian judges held by the ICJ, Scuola Superiore Sant’Anna (SSSA), and Greek Council for Refugees (GCR) on 29-31 March.

Asylum applicants should have access to adequate information about the procedure and their entitlements in a language they understand, access to a reliable communication system with the authorities, the availability of interpreters, access to legal aid, and reasoned decisions, experts said during the seminar, held in the framework of the FAIR plus project. Speakers further emphasized that immigration detention must be subject to automatic review by an independent body with a power to release detainees, especially when removal is no more an option.

More than 30 judges from Italy and Greece came together for this event to discuss procedural guarantees for migrants and asylum seekers, related to the safe third country concept, the access to legal assistance and interpretation, safeguards related to immigration detention, and procedural guarantees in the asylum procedure, especially in the accelerated procedures.

A summary of the discussions

On the first day, the judges exchanged overviews of national systems and presented some specific questions regarding the Italian and the Greek systems. Following the discussion on the safe third country concept and its implementation in Greece, an Italian judge presented recent developments in the Italian case-law, and the role of the judge, country of origin information, accelerated procedures, the length of procedures and the question of credibility assessment.

On the second day, the discussion related to the impact of Covid-19 pandemic on the rights of migrants and asylum seekers took place. The situation in Greece and in Italy was described by judges, in particular in relation to the access to the asylum procedure, the lawfulness of detention, the right to health and the question of access to a personal hearing when some of the hearings take place electronically.

An overview of the situation of immigration detention in Italy and Greece was presented by an Italian lawyer and an expert from UNHCR Greece. Speakers highlighted that in cases when people cannot be returned, they should not be kept in detention without a legal basis.

Accelerated procedures in law and in practice in both countries have been introduced by UNHCR Greece and Italy were addressed through a case-study and discussion, covering mainly the specific needs in accelerated procedures, automatic suspensive effect of appeals, and time limits in the accelerated procedures.

Finally on the last day, two lectures were delivered by Ledi Bianku, a former judge of the European Court for Human Rights, and an Associate Professor at the University of Strasbourg. First, looking into the guarantees in asylum and migration proceedings, Ledi Bianku stressed the need to always provide asylum applicants adequate information about the procedure and their entitlements in a language they understand, access to a reliable communication system with the authorities, the availability of interpreters, access to legal aid, and reasoned decisions in order to provide access to an effective remedy. In the second part of his intervention, Mr. Bianku discussed the detention of migrants, where he stressed the need for automatic review of detention, especially when removal is no more an option, by an independent body with a power to release.

The FAIR plus project is a judicial training and cooperation project supported by the European Union’s Justice programme, focusing on four countries Ireland, Greece, Italy and the Czech Republic. The aim of the project is to contribute to better judicial protection of the fundamental rights of migrants across the EU. Within the project the ICJ and partners are drafting of training materials and relevant legal briefings, implement training of the existing judicial trainers in the target countries, conduct four national trainings, two transnational seminars, and an international roundtable. The project is implemented in collaboration with national partners: Immigrant Council of Ireland (ICI), Scuola Superiore Sant’Anna (SSSA), Greek Council for Refugees (GCR) and Forum for Human Rights (Czech Republic).

Please find the agenda here.

Czech Republic: Conference highlights role of judges in protecting rights of migrants and asylum seekers

Czech Republic: Conference highlights role of judges in protecting rights of migrants and asylum seekers

Judges play a crucial role in protecting the rights of migrants and asylum seekers, and refugees , experts emphasized at a conference for judges in the Czech Republic held by the International Commission of Jurists (ICJ), Forum for Human Rights and Czech judicial academy on 22-23 March 2021.

The right of asylum seekers to an effective remedy is guaranteed in international and EU law, and it requires a full and ex nunc examination of both facts and points of law. Conference participants discussed how specific vulnerabilities of people in asylum proceedings must be identified as early as possible and the important role that judges play in ensuring that this is the case.

Speakers emphasized that the “best interest of the child” principle, and the right to private and family life, have to be taken into consideration when termination of residence of migrants is in question.

The training, “Selected discourses of asylum and migration law from the international and national perspective” addressed relevant topical questions on the protection of human rights in asylum proceedings in the Czech Republic. Participants included international experts and about 100 participants from among Czech judges and judicial assistants. The speakers included highly experienced European judges, and Czech legal experts and judges. The event was co-organised with Forum for Human Rights, a Czech and Slovak nongovernmental organization, and the Judicial academy of the Czech Republic.

Background

The event took place as part of the FAIR PLUS project. You can find the agenda of the national training here and more details on the issues covered by the training here.

Watch on YouTube: FAIR PLUS Project: Selected discourses of asylum and migration law form the international and national perspectives.

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