Mar 27, 2015 | Advocacy, News, Non-legal submissions
The ICJ, and other NGOs present at the Brussels Conference on the implementation of the European Convention on Human Rights today responded to the final draft of the Brussels Declaration to be adopted today, with ten specific action points.
The response welcomes the draft Declaration’s deadline of June 2016 to improve the execution of the judgments of the European Court of Human Rights, but regrets that it does not set out the specific measures that states and the Committee of Ministers should take to improve implementation.
CouncilofEurope-JointStatement-ExecutionofJudgments-BrusselsConference-Advocacy-non legal submission-2015-ENG (download the joint statement)
Mar 19, 2015 | Advocacy, Legal submissions, News
The ICJ and Amnesty International have presented a submission on the draft of an Additional Protocol supplementing the Council of Europe Convention on the Prevention of Terrorism.
In their submission, the ICJ and AI outlined before the Committee on Foreign Terrorist Fighters and Related Issues (COD-CTE) of the Council of Europe the general principles of human rights law related to the issue of foreign fighters and the implementation of Security Council resolution 2178(2014) and made observations on the draft criminal offences contained in the draft protocol.
The submission outlines positions and concerns with relation to:
- The lack of definition of central concepts like “terrorism”, “terrorist acts”, and “foreign fighters”
- The risk of introducing criminal offences lacking the clarity, accessibility and foreseeability required by the principle of legality
- The risk of conflation of of different legal regimes, notably of international humanitarian law and ordinary criminal law
- The need to investigate and prosecute existing crimes under international law
- The need to ensure that any criminalisation of acts or omissions must have a close connection to the commission of the principal criminal offence, with a real risk that such a principal criminal act would in fact take place
- Specific comments on the draft offences of participation in an association or group for the purpose of terrorism; receiving training for terrorism; travelling abroad for the purpose of terrorism; funding travelling abroad for the purpose of terrorism; organizing or otherwise facilitating travelling abroad for the purpose of terrorism.
CouncilofEurope-Submission-ForeignFighters-Advocacy-Legal Submission-2015-ENG (download the observations)
Dec 18, 2014 | News
Today’s Opinion by the Court of Justice of the European Union (CJEU) in Luxembourg on the European Union’s (EU) accession to the European Convention on Human Rights (ECHR) is a regrettable setback for human rights in Europe, said Amnesty International, the ICJ and the AIRE Centre.
Nov 19, 2014 | Events, News
On 18 November, the ICJ presented and discussed, in a meeting at the European Parliament in Brussels, its two reports on special economic regimes and their impact on social rights in Peru and Morocco.
MEP Richard Howitt, Member of the Subcommittee on Human Rights at the Parliament, and ICJ Commissioner Olivier De Schutter led the discussions.
The reports highlight the impact on rights, including labour and social security, land and water rights, of special economic regimes that aim at facilitating exports and investment in areas such as agriculture and textile.
The meeting enabled discussion of the role that the EU and its member states can and should play in its general dialogue and cooperation with the two countries, particularly in regard to trade relationships and agreements and also the regulation of the EU based business enterprises benefiting from these special regimes.
The presentation of the ICJ research and reports comes at an important moment in the relationships of the EU with both Peru and Morocco.
As to the latter, the ICJ report will feed into the Human Rights dialogue between the Subcommittee on Human Rights of the European Parliament and Morocco that is taking place today in Brussels.
Reports:
Peru-Social Rights for Export Promotion-Publications-thematic report-2014-ENG (Full report in English – PDF)
Peru-Regimenes especiales exportacion-Publications-thematic report-2014-SPA (Full report in Spanish – PDF)
Morocco-Droits sociaux et regimes speciaux-Publications-thematic report-2014-FRE (Full Report in French – PDF)
Contacts:
Carlos Lopez, Senior Legal Advisor, Business and Human Rights Programme, t +41 22 979 3816, carlos.lopez(a)icj.org
Sandra Ratjen, Senior Legal Advisor, Economic, Social and cultural Rights Programme, t +41 22 979 3835, sandra.ratjen(a)icj.org
Nov 18, 2014 | Advocacy, Cases, Legal submissions
On 17 November 2014, the ICJ and ILGA-Europe filed their joint written submissions with the European Court of Human Rights in the case of Milica Đorđević and others v. Serbia (Application Nos. 5591/10, 17802/12, 23138/13 and 25474/14).
The case concerns the authorities’ decision in 2009 to relocate the applicants’ “Pride Parade” to promote the equality and visibility of lesbian, gay, bisexual and transgender people away from central Belgrade, Serbia, and the authorities’ repeated banning of Pride Parades in central Belgrade in 2011, 2012 and 2013.
The ICJ and the European Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA-Europe)’s submissions to the Court focus on:
- the essential role of the right to freedom of peaceful assembly in a democratic society, and the scope of discretion afforded to States in determining measures required to prevent disorder at an assembly where counter-demonstrators threaten violence against groups most at risk; and
- the nature and scope of the State’s obligation in relation to the right to freedom of peaceful assembly under the European Convention on Human Rights and the International Covenant on Civil and Political Rights, focusing in particular on States’ duty to adopt legislative and administrative measures in order to fulfil their legal obligations.
SERBIA-ECHR amicus Dordevic-Advocacy-Legal Submission-2014-ENG (full text in PDF)