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Children trying to seek refuge in Australia have been detained on Nauru. They argue that Australia is still responsible for them.Australia made a carefully worded agreement with Nauru to avoid responsibility. If Australia has no responsibility, Australia says it is not obliged to ensure the human rights of these children. Um, okay, weird flex about not protecting literal human children, Australia.The UN Human Rights Committee has found that Australia is responsible, and breached Article 9 of the International Covenant on Civil and Political Rights. To read the decision, click here: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR%2FC%2F142%2FD%2F2749%2F2016&Lang=enEuphemisms are very fun. Unaccompanied minor = child, all alone with no parent or guardian
First it was the International Court of Justice. South Africa brought a charge of genocide against Israel to be heard and decided in that august forum. That case has been in abeyance since the initial hearing on preliminary issues held in January, 2024. Soon after we began hearing about the International Criminal Court – which has the jurisdiction to hold individuals to account for genocide, war crimes, crimes against humanity and aggression. In May, ICC Chief Prosecutor, Karim Khan, K.C., appeared before a panel of ICC judges to ask that they issue arrest warrants for Israeli PM Benjamin Netanyahu and then Minister of Defense, Yoav Gallant, for having engaged in crimes against humanity by promoting conditions conducive to mass starvation - targeting the people living in the Gaza Strip. These alleged crimes were purported to have dated back to October 8, 2023, a day on which Hamas terrorists continued their mass slaughter of Israeli civilians in the southern part of the country where they had invaded. Israel was in the second day of an existential war. The suggestion that its leaders were plotting mass starvation of Palestinians in the Gaza Strip is beyond absurd. But apparently the ICC judges agreed with Mr. Khan and arrest warrants were issued on November 21. In this episode we speak with Israeli professor and international law expert, Yuval Shany. We get into all the issues and questions I expect many listeners have: Can the ICC do this? Why did it issue the warrants? And – what happens next? Within hours of the arrest warrants being issued there was a furious reaction from Israel as well as the United States – both on the part of President Biden and President-elect Trump. Whatever one's criticism of Israel may be, this step by the ICC calls into question whether the institution is operating in the interest of the highest ideals of justice or at the behest of nefarious political interests. Professor Shany and I unpack it all.State of Tel Aviv is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.Professor Yuval Shany is the Hersch Lauterpacht Chair in International Law and former Dean of the Law Faculty of the Hebrew University of Jerusalem. He was a member of the UN Human Rights Committee from 2013 to 2020 (and served between 2018-2019 as Chair of the Committee). He currently teaches at the Center for Transnational Legal Studies at King's College in London and the Graduate Institute of International and Development Studies in Geneva, and serves as a Senior Fellow at the Israel Democracy Institute and as an academic visitor in the Oxford Ethics in AI Institute.Podcast Notes:Link to NGO Monitor website, as mentioned in the closing remarks of the podcast. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.stateoftelaviv.com/subscribe
GUEST 1 OVERVIEW: Dr Gulrez Sheikh is a Spokesperson for BJP Madhya Pradesh, IT Incharge BJP MINORITY MORCHA. He is also a Geopolitical Analyst, Dentist, and author. GUEST 2 OVERVIEW: Alfred de Zayas is a Professor of International Law at the Geneva School of Diplomacy, former UN Independent Expert on International Order, former Secretary of the UN Human Rights Committee, author of 12 books including a human rights trilogy https://www.claritypress.com/book-author/alfred-de-zayas/ author of 25 Principles of International Order, submitted to HR Council in March 2018. American lawyer and historian, Swiss citizen.
Alexander Lapshin is a popular travel blogger and journalist. He was imprisoned in Azerbaijan for visiting Artsakh (Nagorno Karabagh). Currently Alexander is visiting Australia. Topics of the interview include his visit to Australia, why Azerbaijani authorities targeted him for visiting Artsakh, his life in Azerbaijani justice system, how Azerbaijan is part of the Russia-Ukraine war helping Russia, Azerbaijan's actions and the immense cost on his career and also the heavy burden on his family, his experiences in Azerbaijani prison and the dozens of Armenian POWs and civilians still held captive in Azerbaijani prisons, his appeal to the UN Human Rights Committee and the lawsuit against Azerbaijan at the European Court of Human Rights, how he won both cases but Azerbaijan still refuses to comply with both verdicts. - Ալեքսանտր Լափշին ծանօթ ճանապարհորդ թղթակից մըն է: Ան ձեռբակալուած ու բանտարկուած է Ատրպէյճանի մէջ Արցախ այցելութեան համար: Ալեքսանտր ներկայիս կ'այցելէ Աւստրալիա: Հարցազրոյցի գլխաւոր նիւթերն են իր բանտարկութիւնը և դատապարտութիւնը, Ատրպէյճանի արդարութեան դրութիւնը, իր ընտանիքի կրած տառապանքները:
This week we talk about good things (or good-ish things) that you might have missed from 2023! Links Companies getting disciplined - Ovulation Tracking App Premom Will be Barred from Sharing Health Data for Advertising Under Proposed FTC Order https://www.ftc.gov/news-events/news/press-releases/2023/05/ovulation-tracking-app-premom-will-be-barred-sharing-health-data-advertising-under-proposed-ftc - Facebook getting fined for data exploitation in Norway: https://dig.watch/updates/meta-fined-98500-daily-over-user-privacy-breach-in-norway - CNIL fines Criteo: https://privacyinternational.org/press-release/5075/global-adtech-company-criteo-fined-eu40-million-france-unlawfully-collecting - CNIL fines Doctissimo: https://edpb.europa.eu/news/national-news/2023/health-data-and-use-cookies-french-sa-fines-doctissimo_en - Worldcoin (aspires to be World ID) has been getting some pushback from some countries: https://www.citizen.digital/news/data-protection-office-says-worldcoin-likely-to-tamper-with-data-from-kenyans-seeks-courts-intervention-n325472 Governments abandoning plans, or at least held to account - Kenya drops Huduma Numba and replaces it with new systems (it's not any better and advocacy under way) but it's still a sense of victory that they dropped Huduma Numba that caused some much controversy as highlighted by CSOs in particular through advocacy, research and litigation (which we supported led by Kenyan organisations like Nubian Rights Forum, amongst others) https://www.biometricupdate.com/202303/kenya-huduma-namba-funding-almost-entirely-cut-as-upi-digital-birth-registration-begins - MI5 win: https://privacyinternational.org/press-release/5027/press-landmark-ruling-exposes-years-rule-breaking-mi5 - UK Supreme Court rules against Rwandan policy https://www.ft.com/content/c040946a-c294-4a89-808e-46c8b2f2f414 - Colombia at the UN Human Rights Committee https://privacyinternational.org/advocacy/5080/pis-submission-un-human-rights-committee-regarding-colombias-compliance-iccpr - USA at the UN Human Rights Committee: https://ccprcentre.org/ccprpages/united-states-under-the-microscope-vast-participation-of-american-civil-society-organizations - Brazil at the UN Human Rights Committee: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR%2FC%2FBRA%2FCO%2F3&Lang=en Legal protections emerging - Proposed US Privacy Act: https://www.wired.com/story/government-surveillance-reform-act-2023/ - New data protection laws adopted (they are not perfect but they exist) in India https://www.techradar.com/computing/cyber-security/india-approves-new-privacy-law-but-is-it-really-a-win-for-citizens and Nigeria: https://kpmg.com/ng/en/home/insights/2023/09/the-nigeria-data-protection-act--2023.html Innovations - Apple deciding right to repair actually matters https://www.theverge.com/2023/10/24/23930762/apple-right-to-repair-white-house-iphone
Artificial intelligence (AI) already plays a role in deciding what unemployment benefits someone gets, where a burglary is likely to take place, whether someone is at risk of cancer, or who sees an advertisement for low mortgage rates. Its use keeps growing, presenting seemingly endless possibilities. However, AI also poses major challenges to upholding fundamental rights standards in Europe. In his address to the IIEA, Michael O'Flaherty, the Director of the EU Agency for Fundamental Rights, discusses the implications of AI for human rights, the new AI Act, as well as the wider challenges facing human rights standards in an age of rapid digitalisation. About the Speaker: Michael O'Flaherty is Director of the EU Agency for Fundamental Rights. Previously, Michael O'Flaherty was Established Professor of Human Rights Law and Director of the Irish Centre for Human Rights at the National University of Ireland, Galway. He has served as Chief Commissioner of the Northern Ireland Human Rights Commission, Member of the UN Human Rights Committee, and head of a number of UN Human Rights Field Operations.
Israel's Supreme Court has opened the first case examining the legality of Prime Minister Benjamin Netanyahu's controversial judicial overhaul, lurching towards a showdown with the nation's far-right government. The latter has split Israel in two ever since it announced plans to reform the country's judicial system, which would see the Supreme Court weakened. We speak to Yuval Shany, professor from the Hebrew University of Jerusalem's Faculty of Law and former member of the UN Human Rights Committee.
"All may look dark today, but still; light goes through cracks" says returning guest professor Alfred de Zayas. De Zayas talks about international law and censorship, the human rights industry, and the corruption of institutions, like NATO. Alfred de Zayas is a former UN Independent Expert on the Promotion of a democratic and equitable international order (2012-18), former senior lawyer with the UN Office of the High Commissioner for Human Rights and Secretary of the UN Human Rights Committee. He is Professor of international law and world history at the Geneva School of Diplomacy.This 100 minute interview is packed with expert level analyses on many of the current geopolitical issues, linked below in chapters. 0:00:00 introduction0:04:09 Ukraine war0:14:03 wars in a unipolar world0:17:23 proposals for peace0:23:23 Putin and the hawks of war0:25:31 censorship and the European Digital Services Act0:36:15 the price for independence of UN special rapporteurs0:40:08 Nils Melzer and the Trial of Assange0:46:15 the position of the US dollar 0:52:11 NATO, Dutch politics, Mark Rutte and the succession of Stoltenberg1:02:00 US presidents; Clinton, Obama and Bush and the crimes of NATO1:10:47 The Human Rights Industry (new book)De Zayas: "Russia is restrained in their actions in Ukraine, however when Ukraine escalates for example by blowing up the Crimean bridge, there's going to be retaliations. The tragedy is that hundreds of thousands of young people and also elderly people, civilians who have nothing to do with the war, have lost their lives on the altar of NATO expansion". The UN charter is superior to the treaty of NATO. We should observe our obligation not to threaten other countries, not to engage in systematic disinformation and demonization of Russia. We are violating the UN Charter. Obviously the invasion of Russia in Ukraine is also a violation, that's a given. But it was provoked.It's a question of how we can mediate so that they [red. the US] can retreat without loosing too much face, but they will have to retreat, because it's either accept that Russian and China exist and live with it, or you're going to have to destroy the entire world.August 25th the EU Digital Services Act goes into effect, allowing the European Commission to invoke censorship through big tech companies. De Zayas explains how that is in violation with the right to freedom of speech.The United Nations has appointed many experts and special rapporteurs. They're obliged to be independent, but if you are, the price is you're going to be mobbed. De Zayas talks about the procedure during his appointment of United Nations Independent Expert on the Promotion of a Democratic and Equitable International Order and that of Nils Melzer as special rapporteur for torture. Melzer who during his term took on the case of Julian Assange and determined Assange to show signs of a victim of torture.further reading and links: https://potkaars.nl/blog/2023/8/5/nato-deserves-the-label-of-criminal-organisation-alfred-de-zayas
Lecture summary: The lecture will explore the extent to which key normative and institutional responses to the challenges raised by the digital age are compatible with, or interact with, changes in key features of the existing international human rights law (IHRL) framework. Furthermore, it will be claimed that the IHRL framework is already changing, partly due to its interaction with digital human rights. This moving normative landscape creates new opportunities for promoting human rights in the digital age, but might also raise new concerns about the political acceptability of IHRL.Professor Yuval Shany is the Hersch Lauterpacht Chair in International Law and former Dean of the Law Faculty of the Hebrew University of Jerusalem. He was a member of the UN Human Rights Committee from 2013 to 2020 and served for one year during that time as Chair of the Committee. He serves, at present, as a senior research fellow at the Israel Democracy Institute, and as the head of the CyberLaw program of the Hebrew University CyberSecurity Research Center. He is also serving this years as the co-director of the Center for Transnational Legal Studies at King's College, London.
Lecture summary: The lecture will explore the extent to which key normative and institutional responses to the challenges raised by the digital age are compatible with, or interact with, changes in key features of the existing international human rights law (IHRL) framework. Furthermore, it will be claimed that the IHRL framework is already changing, partly due to its interaction with digital human rights. This moving normative landscape creates new opportunities for promoting human rights in the digital age, but might also raise new concerns about the political acceptability of IHRL. Professor Yuval Shany is the Hersch Lauterpacht Chair in International Law and former Dean of the Law Faculty of the Hebrew University of Jerusalem. He was a member of the UN Human Rights Committee from 2013 to 2020 and served for one year during that time as Chair of the Committee. He serves, at present, as a senior research fellow at the Israel Democracy Institute, and as the head of the CyberLaw program of the Hebrew University CyberSecurity Research Center. He is also serving this years as the co-director of the Center for Transnational Legal Studies at King’s College, London.
Monica Feria-Tinta discusses a landmark 2022 decision of the UN Human Rights Committee which found that Australia failed to protect indigenous Torres Strait Islanders against adverse impacts of climate change, in breach of human rights law. Monica Feria-Tinta, is a barrister at Twenty Essex chambers
The description: In this episode, we talk to Associate Professor David Boyd, Special Rapporteur for Human Rights and the Environment, about two recent developments in the relationship between human rights and climate change. The first is the UN General Assembly resolution on the right to clean, healthy, and sustainable environment. The second is the recent Torres Strait Islanders decision from the UN Human Rights Committee. For more on Prof. Boyd's work, click here https://ires.ubc.ca/person/david-boyd/ and for information on his Special Rapporteur work click here https://www.ohchr.org/en/special-procedures/sr-environment/david-r-boyd.To learn more about our research project EnAct, click here https://jura.ku.dk/cilg/research/enact/.
This week on Talk World Radio, we're talking with Alfred de Zayas, author of Building a Just World Order. He is former UN Independent Expert on international order (2012-18), senior lawyer with the UN Office of High Commissioner for Human Rights, Secretary of the UN Human Rights Committee and Chief of the Petitions Department.
Paul Coleman is a UK lawyer and Executive Director of ADF International - a legal advocacy organization that protects fundamental freedoms and promotes the inherent dignity of all people. Coleman is the author of “Censored: How European “hate speech” laws are threatening freedom of speech”, and as a specialist in international human rights law, has been involved in over twenty cases before the European Court of Human Rights, UN Human Rights Committee and various national courts. This episode is sponsored by Synthetic Notes - the privacy focused, desktop based notes app. Go to https://SyntheticApps.com/Zuby and use my code 'zuby' at check out to get 25% off! Follow Zuby - https://twitter.com/zubymusic Follow Paul - https://twitter.com/Paul_B_ColemanSubscribe to the 'Real Talk With Zuby' podcast on Apple Podcasts, Spotify & more - https://fanlink.to/zubypodcast Support Zuby on Patreon - https://patreon.com/zubymusic Special thanks to GOLD TIER Patreon members: Andrea Mucelli, Edwin Chiang, Libbie Richardson, Matt Gallagher, Matthew Steinfeld, Paul Pugh, Mondo, Todd Weyl, Destiny Hillhouse, OnlineBookClub.orgWebsite - https://zubymusic.com Online Store - https://teamzuby.com 'Strong Advice: Zuby's Guide to Fitness For Everybody' eBook - https://gumroad.com/l/zubyfitness
The community of ACS Athens has always been one with strong connections between the student and alumni communities. Every so often graduates of the school cross the gates of the campus to reminisce and go back in time. Frequently, however, distinguished and renowned alums come to witness the work and projects of the students, to inspire and mentor them and address the all too relevant concerns of adolescents as they explore their life's possibilities. Late last year, Dr. Photini Pazartzis, honored the community with her presence in order to speak to Middle School and Academy students about the United Nations and the UN Sustainable Development Goals. Dr. Pazartzis is a Professor of International Law at the University of Athens and the Chair of the UN Human Rights Committee. She spoke about the foundation treaty of the UN, the three pillars, and specifically the Human Rights Committee in which she has been unanimously elected as Chair. Students were able to understand how the United Nations Sustainable Development Goals (UN SDGs) are linked to the three pillars. “How long have you worked in the UN?” “What made you want to work in the UN?”, “How can one begin to work in the UN?” were some of the questions that middle school students had the opportunity to ask Dr. Pazartzis, who told students that "ACS Athens is a small United Nations.” “You are very lucky to be in this school," she said, "you have people from all over the world that are your friends and will remain your friends.” With Dr. Photini Pazartzis today we discuss: From International Law to Human Rights: how does someone with academic credentials transition to civic leadership Human Rights as part of the relations between states How the response to the COVID pandemic affected the human rights of individuals Getting inspiration from the school environment for a future career Being optimistic about meeting the UN Sustainable Development Goals and cultivating conscious children around the issue Teaching a lesson by being a lesson
Today we are talking with Jeff Le. Today's episode is a long one. Normally, I would break this out into two episodes, but I decided to give these critical and timely topics the respect they deserve, to release this episode in its entirety and let you listen to it at your leisure. I want to thank Jeff for joining me on the show and sharing his rich insight and experience with us today. In this episode of the SISU Journey podcast, Jeff Le talks about his incredible story of resilience in the face of discrimination. He shares just how important it is to have conversations about standing against Asian hate. Stay tuned! Here are the things to expect in this episode: People treat you based on what they think your perceived value is. Racism is not an innate thing, rather it's a learned thing that comes from somewhere. How he went from not owning a coat to working and traveling to about 85 countries. People who have the least always give the most. It's hard being in politics as an Asian American. Having a rank doesn't protect you from who you are if you are inherently treated as less there. It's important to have an engaged citizenry, which is really hard in a time where people don't talk to others and just stay in their little corners. Horrible things happen when good people decide not to do something. If you speak with clarity and honesty, people will take it seriously. What are some things we can do to support the Afghan people? And much more! - About Jeff Le: Pronouns: He/Him Jeff Le has had a career at the highest levels of public policy and politics at the state, federal and international levels. A recognized thought leader in political advocacy and representation, his analysis and opinions have been featured on MSNBC, broadcast television in 40 states, as well as in print at POLITICO Magazine, The New York Times, USA Today, The Washington Post, FOX News, The Hill, Washingtonian, Roll Call, Bustle, Forbes, local and regional newspapers in 35 states. During the height of the #StopAsianHate movement, Jeff penned an opinion piece that received national attention in POLITICO Magazine called I Thought I Knew How to Succeed as an Asian in U.S. Politics. Boy, Was I Wrong. that highlighted his experiences in workplace discrimination in politics and racism throughout his life. Jeff is now an executive leader in technology where he is Vice President of Public Policy and External Affairs for Rhino, a fintech startup working to give renters everywhere greater financial freedom through affordable insurance options. Prior to joining Rhino, Jeff was the U.S. State and Local Public Policy Lead for VMware, a digital technology and infrastructure company, and managed the company's gubernatorial, state, county, and local relationships across all 50 states and Canada. Jeff focused on emerging technology policy, including privacy, 5G, broadband, cyber, sustainability, workforce development, diversity and inclusion, education, and IT modernization. He also sits on the Homeland Security Advisory Committee for the California Governor's Office of Emergency Services where he provides recommendations to the Governor's Homeland Security Advisor on response and policy pertaining to cyber, disasters, terrorism, drug interdiction, intelligence, and other emerging threats. Jeff has completed four 100-mile running races, qualified for the Boston Marathon, has been to every Major League Baseball ballpark, all 50 states, and 85 countries. Connect with Jeff! Twitter: https://twitter.com/jeffreydle Instagram: https://www.instagram.com/Jeffrey.D.Le/ LinkedIn: https://www.linkedin.com/in/jeffreyle/ LinkTree: https://linktr.ee/jeffreyle - Links to support the stand against AAPI hate: PBS: https://www.pbs.org/show/asian-americans/ Asian Americans Advancing Justice Training: https://advancingjustice-aajc.org/events Links for Afghanistan refugee support: Red Cross: https://www.icrc.org/en/where-we-work/asia-pacific/afghanistan International Rescue Committee: https://www.rescue.org/country/afghanistan UN Human Rights Committee: https://www.ohchr.org/en/countries/asiaregion/pages/afindex.aspx Media Support: https://www.mediasupport.org/donate/ Miles4Migrants: https://miles4migrants.org/2021/08/17/an-update-on-our-work-in-afghanistan-and-how-donations-are-used-to-support-our-ongoing-work-around-the-world/ Human Rights First: https://www.humanrightsfirst.org/resource/resources-afghan-evacuation Refugees International: https://www.refugeesinternational.org/afghanistan LIRS: https://www.lirs.org/help-our-afghan-allies/ No One Left Behind: https://nooneleft.org/default.aspx? Save Our Allies: https://saveourallies.org/ - This episode contains a little juicy language. Please take care while listening. Thank you for listening to SISU Journey, where we are helping the world heal the curse of separateness by telling diverse stories of those whose voices have felt silenced. We are building a community here at SISU Journey, a network of healers, many of whom you have already heard from on this program. Head over to https://sisujourney.com to sign up for the community waitlist, and you will be the first to be notified as soon as we open the doors. Theme music is Syrian Rue, written and performed by the Mood Doculators. For more of their music and to listen free, visit mooddocs.com Follow us on https://www.instagram.com/sisujourney/
Human Rights Pulse - The Passion Factor (Pursuing a Career in Human Rights)
Toby is a barrister and the Co-founder and Head of Guernica 37 International Justice Chambers in London. He is an established international law specialist in the areas of international criminal and humanitarian law, international terrorism, anti-corruption, maritime security, extradition and mutual legal assistance, and human rights law. Toby has appeared and been instructed in matters before the International Criminal Court, the International Criminal Tribunal for the Former Yugoslavia, the European Court of Human Rights, the Bosnian War Crimes Chamber, the UN Human Rights Committee and the African Commission on Human and Peoples Rights. In our chat, we discuss entering the law from a non-traditional background, on-the-job risks and dangers, networking, taking Syria to the ICJ and Kung Fu!
In this interview, Professor Martin Scheinin - former UN Human Rights Committee member and the first UN Special Rapporteur on human rights and counter-terrorism - discusses climate change and human rights with Nikoleta Vasileva. He shares a new line of argument for indigenous peoples' litigation based on the intergenerational dimension of the right to culture. Referring to the increase in climate change-related human rights litigation, as well as with a fresh reading of older case law, Professor Scheinin explains how once this line of argument has been established, members of non-indigenous or non-minority communities will also be able to rely on it for human rights protection.
Professor Seline Trevisanut, Utrecht University, gives a talk for the Public International Law discussion group series. On 27 January 2021, the UN Human Rights Committee ascertained the responsibility of Italy for failing to protect the right to life of more than 200 migrants who were on board a vessel that sank in the Mediterranean Sea in 2013. The HR Committee adopted a clear functional approach to jurisdiction based on the ‘special relationship of dependency' between the individuals on a vessel in distress and the SAR state(s). This decision was also met with criticism by some members of the HR Committee who clearly dissented with this functional approach and considered that the adopted functional approach ‘might disrupt the legal order which the SOLAS and the SAR Conventions attempted to introduce.' The present talk will dissect the reasoning of the HR Committee in light of the SOLAS and SAR Conventions in order to highlight the law of the sea underpinnings of a functional approach to jurisdiction. It will also emphasize how the recognition of a right to be rescued at sea strengthens the legal order created by the SOLAS and SAR Conventions. Seline Trevisanut (PhD, University of Milan; MA, Paris I-Panthéon Sorbonne) is Professor of International Law and Sustainability at Utrecht University since 2018. Before joining Utrecht in 2012 as Marie Skłodowska-Curie fellow, she taught and conducted research in various institutions, including Columbia University, the European University Institute, and UC Berkeley. Seline is a member of the Scientific Council of the Institut du droit économique de la mer and several editorial boards. Her publications include a monograph on Irregular migration by sea in international and EU law (Jovene 2012, in Italian), and edited volumes, inter alia, on Migration in the Mediterranean: Mechanism of International Cooperation (CUP 2015) and Regime Interaction in Ocean Governance: Problems, theories and methods (Brill 2020).
Professor Martin Scheinin, Bonavero Institute of Human Rights, gives a talk for the Public International Law series. On 13 November 2020, the European Court of Human Rights communicated to 33 governments an application by a group of young Portuguese persons who claim that conduct by the respondent States in respect of the phenomenon and human rights impact of climate change amounts to violations of ECHR Articles 2 and 8, also in conjunction with Article 14. Notably, when communicating the case of Duarte Agostinho and Others to Member States, the Court added Article 3 in the list. The case belongs to a wider trend of efforts to take issues of climate change to human rights fora, and it raises complex issues concerning the interaction between human rights law, climate change law, international environmental law and public international law. There are two interrelated reasons for being open but critical in respect of the prospects of success in climate change cases brought before human rights courts or treaty bodies: (1) Some of the litigation may be ‘strategic' in the sense that the cases are about the use of human rights for the purpose of climate change litigation. What the initiators want in those cases primarily is a pronouncement, as a remedy for a human rights treaty violation established, of a government's obligation radically to reduce its emissions and thereby contribute to the turning of the tide of global warming. (2) In preparing such cases, insufficient thought may have been put into framing the claims for purposes of human rights adjudication, including in respect of (a) the admissibility condition of the victim requirement and (b) the issue of jurisdiction, closely linked to the notion of attribution. The questions posed by the European Court of Human Rights to the respondent governments in Duarte Agostinho suggest that these issues will have a prominent place in the proceedings that will soon follow. We can expect governments arguing that they, sitting perhaps 2000 kilometres away from Portugal in a country of free markets and free enterprise, have no concrete obligations in respect of, and no concrete impact upon, how a 1.5 oC rise in global temperatures would affect the lives and human rights of youths in Portugal. Without wanting to put into question the genuine interest by the ECtHR to address the impact of climate change in respect of substantive human rights, or the prospects of the case of Duarte Agostinho to pass the hurdles of preliminary objections and admissibility, there is a clear need for exploring ways of framing a human rights case so as to avoid being trapped in issues of victim status and jurisdiction. A case to keep an eye on is Billy et al. v. Australia, a complaint by a group of indigenous Torres Strait Islanders, pending before the UN Human Rights Committee. According to a pre-submission press release, the case is about “the threat to their culture and their ability to live on their home islands”. There has also been some informative press coverage, as well as utilization of a new procedure for submitting amicus curiae briefs to the Committee. Billy is a possible game changer in climate change litigation, as it represents a potential of moving past the hurdles of victimhood and jurisdiction. This is because of the prominent place the notion of ‘culture' has in the case and more broadly in indigenous peoples' human rights claims. Culture is by definition intergenerational. Therefore, the right to transmit a culture belongs to the essence of the human right to enjoy one's culture in community with other members of the group (ICCPR Article 27). This right to transmission is a right that belongs both to one or two living generations of today who seek to transmit, and to one or two generations of living individuals who are the recipients of that transmission. Where the right to transmit is frustrated and rendered meaningless –- or ‘denied' in the language of Article 27 ICCPR -- we have ‘victims'. The enjoyment of a culture is also local, usually tied to the particular natural resources and conditions of a place or area. Culture is wide in scope, including traditional or otherwise typical means of livelihood, often collective and intergenerational in nature. It also includes a living language that is learned, used and developed in the context of a community engaging with its culture, including in its intergenerational transmission. And culture is about a way of life, wellbeing and identity. In respect of the territorial State at least, we hence have ‘jurisdiction'. (The issue of attribution in respect of other States would, however, remain.) The elaboration of a line of argument for indigenous peoples' climate change litigation that is based on the intergenerational dimension of the right to culture also has heuristic value beyond the context where it is developed. This is because there is an intergenerational dimension also in general human rights such as Article 8 ECHR and Articles 17 and 23 ICCPR. This has been properly addressed and acknowledged in the Human Rights Committee case of Hopu and Bessert v. France where the Committee decided to treat as a valid reservation the declaration by France of the inapplicability of the minority rights clause in Article 27 but then turned to other, general, provisions of the ICCPR. A fresh reading of the ECtHR case of López Ostra v. Spain suggests that the intergenerational nature of ECHR Article 8 could have had a prominent role in that case. Litigation concerning carefully selected and articulated indigenous peoples' claims concerning the tangible impact of climate change upon their ability to pass on to new generations their culture, way of life, traditional means of livelihood and identity may during this decade spearhead climate-change-related human rights litigation. But once that line of argument has been established and it has produced some result, also members of non-indigenous or non-minority communities can build the same line of argument under Articles 8 and 14 of the ECHR and Articles 17, 23 and 26 of the ICCPR. Professor Martin Scheinin is a British Academy Global Professor at the Bonavero Institute of Human Rights. His four-year project addresses a range of challenges to international human rights law posed by developments in the digital realm. Throughout his career, Professor Scheinin has engaged with human rights practice, including by serving eight years as member of the Human Rights Committee, the expert body monitoring States' compliance with the International Covenant on Civil and Political Rights. For six years he was the first United Nations Special Rapporteur on human rights and counter-terrorism. He retains an interest in human rights adjudication, first and foremost in issues of indigenous peoples' rights.
On 12 November 2020, the European Commission launched its first ever LGBTIQ Equality Strategy. While the strategy was published against the backdrop of overall increasing public support for LGBTIQ equality in the EU, it paradoxically also follows a recent increase in instances of discrimination, as well as substantial curtailments of LGBTIQ rights in some Member States. In this online discussion, Minister Byrne addresses Ireland's position on the new EU strategy and consider how Ireland's policies on LGBTIQ rights inform its global role. Director O'Flaherty offers analysis of the challenges facing LGBTIQ equality at European level and the work of the EU Agency for Fundamental Rights on this issue. This event is part of our Global Europe project, supported by the Irish Department of Foreign Affairs. About the Speaker: Thomas Byrne TD assumed the role of Minister of State for EU Affairs in July 2020. He has been a TD for the Meath East constituency since 2016. Minister Byrne is a qualified solicitor. Prior to his appointment as Director of the EU Agency for Fundamental Rights, Michael O'Flaherty was Established Professor of Human Rights Law and Director of the Irish Centre for Human Rights at NUI Galway. He has also served as Chief Commissioner of the Northern Ireland Human Rights Commission and Member of the UN Human Rights Committee.
Margaret Flowers, pediatrician, health reform activist and co-director at Popular Resistance, joins us to discuss Thursday's day-long meeting of the US Food and Drug Administration's (FDA) Independent Vaccines and Related Biological Products Advisory Committee, at which officials examined whether Pfizer's COVID-19 vaccine should be approved for public use in the US.Jack Rasmus, professor of economics and politics at St. Mary's College of California, returns to talk about the US Labor Department numbers that came out Thursday showing that jobless claims jumped to 853,000 last week, up more than 100,000 from the preceding week as COVID-19 continues to hamper the economy.Chris Garaffa, web developer and Technologist, joins us to discuss the US Federal Trade Commission and more than 40 states suing Facebook in an antitrust case, saying the company had bought out its competition to corner the market. According to the New York Times, the plaintiffs "called for the deals to be unwound, escalating regulators' battle against the biggest tech companies in a way that could remake the social media industry." Federal and state regulators "said in separate lawsuits that Facebook's purchases, especially Instagram for $1 billion in 2012 and WhatsApp for $19 billion two years later, eliminated competition that could have one day challenged the company's dominance." This comes as YouTube has moved to ban videos that claim fraud influenced the 2020 US presidential election.Dave Lindorff, investigative reporter and founder of This Can't Be Happening!, joins us to discuss the federal investigation into US President-elect Joe Biden's son Hunter, who said Wednesday that he had been contacted about an investigation into his taxes by the US Attorney's Office in Delaware. A Wednesday article in Politico says that a person with "firsthand knowledge of the investigation" claims that the probe has been "more extensive" than Hunter's statement indicates. "The person said that, as of early last year, investigators in Delaware and Washington were also probing potential money laundering and Hunter Biden's foreign ties," the outlet noted. A recent report by the Associated Press also found a number of sexual misconduct allegations against senior FBI officials in the last five years, with those individuals being allowed to transfer or resign with full benefits and no criminal charges against them.Alfred de Zayas, professor of international law at the Geneva School of Diplomacy, former secretary of the UN Human Rights Committee and Former UN independent expert on international order, joins us to discuss the International Criminal Court's (ICC) decision to drop a probe into actions by British forces in Iraq, despite evidence of war crimes. According to a Wednesday article in Common Dreams, the decision was blasted by the European Center for Constitutional and Human Rights (ECCHR) General Secretary Wolfgang Kaleck, who said it "reinforces longstanding double standards in international justice and shows once again that powerful actors can get away with systematic torture." Kaleck also noted that the decision "is a severe blow to Iraqi torture survivors." Nick Davies, peace activist and author of "Blood on Our Hands, the American Invasion of Iraq," joins Dr. Wilmer Leon to discuss a MintPress News story entitled "John Kerry's Think Tank Calls for War With Russia Over Climate Change." Kerry, who was recently appointed as the Biden team's special presidential envoy for climate and who is a founding member of the American Security Project think tank, was quoted as saying, "America will soon have a government that treats the climate crisis as the urgent national security threat it is." The organization was quoted in the article as saying, "NATO faces a severe military challenge in the European Arctic area of operation. ... The US military should actively participate in Arctic joint exercises, and publicize US military deployments to the region, with particular focus on the Russian border – perhaps by returning the US Marine deployment to Norway."Marjorie Cohn, professor of law at the Thomas Jefferson School of Law in San Diego, California and a former president of the National Lawyers Guild, joins us to discuss a Consortium News article which said, "The United Nations' top official on torture Tuesday called on British authorities to release or place under house arrest WikiLeaks founder Julian Assange" during his US extradition trail proceedings. Nils Meizer, UN special rapporteur on torture, cited a report saying that "some 65 of the 165 inmates at Belmarsh, including numerous prisoners in the wing where Assange is jailed, have tested positive for coronavirus." He called Assange's imprisonment "arbitrary deprivation of liberty" that has "severely violated" the journalist's human rights.Laith Marouf, broadcaster and journalist based in Beirut, Lebanon, joins us to discuss Iranian President Hassan Rouhani's remarks that Iran will return to its commitments under the Joint Comprehensive Plan of Action nuclear deal if other countries do the same. According to Al Jazeera, "Following the assassination of nuclear scientist Mohsen Fakhrizadeh outside Tehran last month, the Iranian parliament, dominated by conservatives and hardliners, quickly passed a bill that aims to increase uranium enrichment and expel inspectors of the International Atomic Energy Agency. The Rouhani administration has explicitly said it opposes the legislation and was not consulted in its drafting."
It’s widely accepted that peaceful protests are a key tool in democratic societies that allow people to put issues on the public agenda. But what is legal – and what is illegal – when it comes to demonstrations around the world? Can you wear a mask, for example? That’s a question for Christof Heyns, who led discussions on the issue for the UN Human Rights Committee, with Member States and NGOs. He spoke to UN News’s Daniel Johnson, and explains what the UN panel’s advice is for protesters.
It’s widely accepted that peaceful protests are a key tool in democratic societies that allow people to put issues on the public agenda. But what is legal – and what is illegal – when it comes to demonstrations around the world? Can you wear a mask, for example? That’s a question for Christof Heyns, who led discussions on the issue for the UN Human Rights Committee, with Member States and NGOs. He spoke to UN News’s Daniel Johnson, and explains what the UN panel’s advice is for protesters.
In this edition: Pacific health officials are stepping up measures as the death toll from the coronavirus continues to grow around the globe; A UN Human Rights Committee ruling could open the door for climate refugees and this could have major implications for Australia and Pacific countries; And in Papua New Guinea officials are on the alert for swine fever and are worried about what the spread of the disease there could mean to their population of pigs – an animal of cultural importance.
#ITC19: Corinna Horvath and Dyson Hore-Lacy SC on Horvath In March 1996, police raided Corinna Horvath's home without a warrant. She spent several days in hospital as a result of the raid. She pursued a claim against the police officers involved, and against the State of Victoria. The dispute lasted more than 20 years, through a County Court trial, an appeal, and a complaint to the UN Human Rights Committee. It lead to fundamental change in litigating claims of police misconduct.
On this episode of The Critical Hour, Dr. Wilmer Leon is joined by Greg Palast, author and award-winning investigative reporter featured in The Guardian, Nation Magazine, Rolling Stone Magazine, BBC and other high profile media outlets. A recent Time Magazine piece, "Why the Mueller Report Might Disappoint Almost Everybody," states, "It is impossible to know what his conclusions will be. But after so much speculation, one outcome seems likely: Mueller will disappoint just about everyone — especially President Trump's critics. And it won't be his fault." Now, House Democrats are ramping up their probe against Trump, demanding documents from more than 80 people and institutions affiliated with him. Are the Democrats continuing to try and take us down a rabbit hole?A plan to circumvent the Electoral College is gaining momentum among blue states after Democrats suffered two crushing defeats in presidential elections over the past two decades. The plan has been given new impetus after Colorado Gov. Jared Polis (D) said this week that he will sign a bill to have his state become the 12th state, along with the District of Columbia, to join the National Popular Vote Interstate Compact. The states making up the compact, which already include New York, Illinois and all the New England states except for New Hampshire, would commit to awarding their electoral votes to whoever wins the popular vote nationally, regardless of the results in the Electoral College.The US military has deployed its most advanced air and missile defense system to Israel for the first time. Israeli Prime Minister Benjamin Netanyahu says, “The American THAAD system is considered among the most advanced systems in the world, and together with our defense systems, we are stronger in dealing with threats, close or distant, emanating from all areas of the Middle East,” The US military said the decision to rapidly move the THAAD system to Israel was intended “as a demonstration of the United States' continued commitment to Israel's regional security.” Meanwhile, Rep. Ilhan Omar is being attacked by both Democrats and Republican for questioning the US' loyalty to Israel. Responding to backlash over the weekend, she wrote, “I have not mischaracterized our relationship with Israel, I have questioned it, and that has been clear from my end.” Pelosi and other senior Democrats are drafting a resolution to address the controversy. What's really going on?Opposition leader Juan Guaidó returned to Venezuela after a 10-day absence, under threats of arrest as he attempts to carry out the US-backed campaign to push out democratically elected President Nicolás Maduro. According to the Washington Post, "The United States and other countries have warned Maduro against detaining the opposition leader, who has been recognized by much of the world as Venezuela's interim president." If Venezuela is a sovereign state, please explain how the US is not in violation of Article 3 of the Organization of American States Charter, which states, “e. Every State has the right to choose, without external interference, its political, economic and social system and to organize itself in the way best suited to it, and has the duty to abstain from intervening in the affairs of another State." Interference by the US and other countries also entails violations of Articles 1 and 2 of the UN Charter, as well as articles 19 and 20 of the OAS Charter. What does this mean for the politics of the situation and for the people of Venezuela going forward?GUESTS:Greg Palast — Award-winning investigative reporter featured in The Guardian, Nation Magazine, Rolling Stone Magazine, BBC and other high profile media outlets. He covered Venezuela for The Guardian and BBC Television's "Newsnight." His BBC reports are the basis of his film, "The Assassination of Hugo Chavez." Daniel Lazare — Journalist and author of three books: "The Frozen Republic," "The Velvet Coup" and "America's Undeclared War."Alfred de Zayas — Professor of international law at the Geneva School of Diplomacy, former UN Independent Expert on International Order, former secretary of the UN Human Rights Committee and former chief of the Petitions Department at the Office of the UN High Commissioner for Human Rights.
Feb 9 was the deadline for the Canadian government to respond to a UN Human Rights Committee ruling that Canada violated the rights of undocumented migrant Nell Toussaint by denying her essential health care. To mark Canada’s continued policy of denying health care based on status, migrant health care activists have organized a day of action on Tuesday, February 12. We speak with Omar Chu, a member of the Vancouver-based group, Sanctuary Health.
Feb 9 was the deadline for the Canadian government to respond to a UN Human Rights Committee ruling that Canada violated the rights of undocumented migrant Nell Toussaint by denying her essential health care. To mark Canada’s continued policy of denying health care based on status, migrant health care activists have organized a day of action on Tuesday, February 12. We speak with Omar Chu, a member of the Vancouver-based group, Sanctuary Health.
Ahead of delivering the 11th Centre for Criminal Justice and Human Rights Distinguished Lecture at UCC, Professor Rhona Smith sat down with Dr Dug Cubie to discuss her role and the human rights situation in Cambodia.
Evidence matters. Yet even before “fake news” became a political weapon, it’s been notoriously difficult to get evidence into the policymaking process. How can we keep good evidence from being overwhelmed by bad politics? In this conversation, moderated by ABC Radio National journalist Eleanor Hall, three world-renowned experts talk about their experience from the front lines of research and policymaking in contentious areas – climate change, refugees and, where the two meet, climate change- and disaster-related displacement. Professor John Church is Australia’s most credentialled expert on sea-level rise and a long-time research scientist with the government CSIRO. He joined UNSW in 2016 as a professor in the Climate Change Research Centre, so he’s seen Australia’s approach to science and international obligations from inside and outside government. UNSW Scientia Professor and Kaldor Centre Director Jane McAdam is a pioneer in research on climate change- and disaster-related displacement, advising governments and international organisations including UNHCR. In 2017, her work in this field was described as 'transformative' by the jury of the prestigious Calouste Gulbenkian Prize for Human Rights, which she was the first Australian to win. Walter Kälin has extensive international experience as scholar and policymaker, most recently serving as Envoy of the Chair of the Platform on Disaster Displacement (and formerly of its predecessor, the Nansen Initiative on Disaster-Induced Cross-Border Displacement), providing strategic advice and leadership to this state-led process working towards better protection for people in the context of disasters and climate change. Professor Emeritus for international and constitutional law at the University of Bern (Switzerland), he has served the United Nations in various capacities, including as Representative of the UN Secretary-General on the Human Rights of Internally Displaced Persons and twice as a member of the UN Human Rights Committee.
Ruth Wedgwood on the Work of the UN Human Rights Committee:: Enforcing the International Covenant on Civil and Political Rights
Jane Donnelly is the Human Rights Officer at Atheist Ireland. This year, speaking on behalf of a unique alliance that included Irish Atheists, Evangelicals and Ahmadiyya Muslims, Jane challenged human rights abuses in Pakistan at the United Nations. She also made a written submission to the UN on behalf of the alliance, which is now on the UN website, and in she then addressed the UN Human Rights Committee in Geneva. The UN Human Rights Committee were questioning Pakistan about its human rights record under the International Covenant on Civil and Political Rights. It was really interesting to talk with Jane about her experiences lobbying in Geneva …
ITC#3: Rodney Croome on Croome v Tasmania In 1993, Nicholas Toonen and Rodney Croome took Australia to the UN Human Rights Committee, on the basis Tasmania's anti-gay laws. After the Committee found Australia in breach of its international human rights obligations, the Commonwealth Parliament legislated to render the Tasmanian laws inoperative. But Tasmania still didn't repeal the laws, so Croome and Toonen went to the High Court...
Extracts from 3CR Community Radio's Monday Breakfast show || This week on Over The Wall, Josh Cullinan from the Retail and Fast Food Workers' Union returns to discuss penalty rate reductions, workplace bullying, the Fair Work Ombudsman and a bunch of other industrial matters || Deputy Mayor of the City of Hobsons Bay and OII Australia co-exec Tony Briffa comes on the show to discuss the UN Human Rights Committee's recommendations to Australia on rights to bodily integrity || CEO of WIRE (the women's confidential referral service) Julie Kun comes on the show to talk to us about gender-based violence and the connection to alcohol abuse || #16DaysOfActivism
Berkman Klein Center for Internet and Society: Audio Fishbowl
Please join us for a discussion with Nani Jansen Reventlow, Fellow at the Berkman Klein Center for Internet & Society and Associate Tenant at Doughty Street Chambers, on the topic of regional courts in Africa and freedom of expression cases in particular. As the head of the Media Legal Defence Initiative’s global litigation practice, Reventlow led litigation that resulted in the first freedom of expression judgments at the African Court on Human and Peoples’ Rights and the East African Court of Justice. She has also led cases before the European Court of Human Rights, the UN Human Rights Committee, the UN Working Group on Arbitrary Detention, and several African regional courts. For more about this event, visit: https://cyber.harvard.edu/events/2016/11/Jansen%20Reventlow
In the wake of the UN Human Rights Committee's ruling that a woman carrying a foetus with a fatal abnormality was subjected to discrimination and cruel, inhuman or degrading treatment in the Republic of Ireland, the question of repealing the 8th has arisen again. Newbie TD for Cork South West and Fianna Fail's Spokesperson for Disability, Margaret Murphy O'Mahony, joined the Floating Voter on this week's show and voiced her strong pro-life views on the matter. “I personally am very, very, pro-life and it's a red-line issue for me,” she told the Floating Voter team of Kevin Doyle, Philip Ryan and Niall O'Connor. “ I don't agree with repealing the 8th amendment but it is very personal and I don't agree with ramming my views down people's throats and wouldn't expect others to ram their views down mine either."
Rosalind Williams discusses her experience challenging racial profiling in Europe and the implications of her landmark UN Human Rights Committee case, along with Open Society Justice Initiative experts on ethnic profiling. Speakers: Rachel Neild, James Goldston, Rosalind Williams. (Recorded: March 17, 2010)