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* By Dr. Roberta Avellino Introduction The role of the Council of Europe in areas, which affect the full enjoyment of human rights and fundamental freedoms, has always been of great significance. Consequently, the Council of Europe has also invested in its fight against trafficking in human beings with the protection and promotion of the [...]
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This guest post by Dr. Roberta Avellino, who holds a Doctor of Law Degree and a Master of Laws (LL.M.) in International Law from the University of Malta, discusses the role of the Council of Europe in the fight against trafficking in persons with special reference to the Convention on Action against Trafficking in Human [...]
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Were you wondering about what claims are being brought before the European Court of Human Rights (ECtHR) and the level of compliance by each Member State of the European Convention on Human Rights (ECHR) with its obligations under this Convention? Were you wondering about what are the most problematic aspects of a specific State’s national [...]
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Background and history of the proceedings The hearings in the inter-State Georgia v. Russia (II) case (application no. 38263/08) before the European Court of Human Rights (ECtHR) were held on 22 September 2011. The webcast of the hearings is available here. For a complete list of inter-State cases before the ECtHR see here. The formal [...]
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On 13th May 2011 I read a news item in Kashmiri local newspaper Greater Kashmir captioned ‘File status report on Major Avtar’s Extradition’. The news stated that Court directed police to file a status report on the progress made in the extradition of Major Avtar Singh, accused in the killing of prominent lawyer and human [...]
Filed under: Human Rights, ICC, International and national law, International Courts, International Criminal Law, international justice, Public International Law, Regional Human Rights | Leave a Comment »
We conclude this year with some good news from the Inter-American Court of Human Rights in Costa Rica, which just handed down a landmark case regarding the human rights of irregular migrants. In the case Vélez Loor v. Panamá, published 10 December 2010, the Court held that Panamá was liable for a breach of the [...]
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Introduction During its tenth session the Working Group[1] on the Universal Periodic Review (UPR) in the Human Rights Council (HRC), on 7 May 2010 held its first review of the Swedish human rights record. Sweden had submitted its report on national protection of human rights on 22 February 2010.[2] During the review a number of [...]
Filed under: Comparative law, Human Rights, Indigenous People, International Criminal Law, Regional Human Rights, Regional Human Rights Protection | 3 Comments »
On 30 March 2010 the Third Section of the European Court of Human Rights (‘ECtHR’), sitting as a Chamber, issued its judgement in the case Handölsdalen Sami Village and Others v. Sweden.[1] The case concerns the rights of the Sami[2] to use privately owned land for winter grazing of their reindeers in the municipality of [...]
Filed under: ECtHR, Europeam Court of Human Rights, Human Rights, Indigenous People, Public International Law, Regional Human Rights | 1 Comment »
The following post supplements a previous ILO post by myself (May, 4) on Italy’s “push-back” policy, titled Italy’s asylum policy violates international law (click here). For more information, see also a column published in Human Rights Brief, (2010) Vol. 17(3), titled The European Court of Human Rights scrutinizes Italy’s asylum policy (click here). Last week, the United [...]
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From 17 to 28 May 2010, the Inter-American Court of Human Rights is holding ordinary sessions at its seat in Costa Rica. These sessions will include public hearings, deliberations of judgments to be handed down as well as hearings on and deliberations of provisional measures potentially to be granted by the Court. Also, sessions regarding [...]
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Last week, officials from 27 African states, United Nations envoys and international activists assembled in Dakar, Senegal, for a conference on female circumcision. The aim of the meeting was to encourage the adoption of a universal resolution that explicitly prohibits female genital mutilation as a practice that violates human rights. According to the World Health [...]
Filed under: Africa, African Union, Human Rights, Public International Law, Regional Human Rights | 3 Comments »
The following is a guest post by Michèle Morel, who is a Ph.D. researcher at the Faculty of Law, Ghent University, Belgium. Her Ph.D. deals with the international legal aspects surrounding environmental displacement. On February 4, 2010, the African Union adopted the decision by the African Commission on Human and Peoples’ Rights issued in May [...]
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Professor Douglas Cassel’s commentary “Do we Have a Human Right to a Healthy Environment?” critique the existance of the right to a healthy environment in the international law discourse. The author argues that the matter has complex underlying legal challenges that have to be unmasked for it to be clearly comprehended. He brings an interesting dimension regarding the relationship [...]
Filed under: Environmental Law, Human Rights, International Environmental Law, Regional Human Rights | Leave a Comment »
In Saadi v Italy, the European Court of Human Rights held in 2008 that article 3 of the European Convention on Human Rights prohibits expulsion of individuals to states where they would face a “real risk” of torture, inhuman or degrading treatment. In other words, the Court held that serious threats to the community presented [...]
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Maybe if Barroso is re-elected and gets his way. EU Observer has the story.
Filed under: EC-Law, EU-Law, EU/EC Law, Regional Human Rights | 1 Comment »
A brief follow-up on the ECJ’s Kadi decision and the Court of First Instance’s (CFI) – slightly less famous – PMOI decisions we reported earlier on (see here, here and here). The Kadi decision dealt with an EU regulation implementing a UN blacklist which provided for the freezing of financial means of suspected Al Quaida [...]
Filed under: EC-Law, ECJ, ECtHR, Environmental Law, EU-Law, EU/EC Law, Human Rights, Regional Human Rights, Regional Human Rights Protection | Leave a Comment »
Introduction On 9 July 2009 the Swedish government rendered an affirmative decision on whether or not to extradite a Rwandan citizen to Rwanda due to his suspected involvement in the 1994 genocide. The decision by the Swedish government was the first of its kind of a European State and the implementation was stopped only after [...]
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Anja Seibert-Fohr, Prosecuting Serious Human Rights Violations, New York: Oxford University Press, 2009 (ISBN-10: 0199569320; ISBN-13: 978-0199569328) As part of covering relevant literature for our section of the blog featuring interesting new publications I have had the opportunity to review the book Prosecuting Serious Human Rights Violations by Anja Seibert-Fohr. In the foreword to the [...]
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The contexts, challenges and prospects for human rights in Africa have changed quite considerably in recent years. Human rights discourses find favour in both political and popular circles, among the ideologues of the state and the interlocutors of civil society, a tribute to the enduring and unfulfilled yearnings for more humane societies deeply rooted in [...]
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The margin of appreciation doctrine of European Court of Human Rights gives states leeway in their interpretation of the European Convention on Human Rights. States also have the freedom to decide how they implement judgments finding violations against them. This has meant that individuals in each Council of Europe (CoE) member state experience rights protection [...]
Filed under: Council of Europe, ECtHR, Europeam Court of Human Rights, Guest Blogging, Human Rights, Regional Human Rights | 1 Comment »
I. Introduction On April 7, 2009 the third section[1] of the European Court of Human Rights (hereinafter: ECtHR) issued a judgment in the Case of Mendel v. Sweden,[2] which is of significance not because it adds another precedent to the long standing case law delimitating the scope of Art. 6 European Convention on Human Rights [...]
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According to the Annual Report 2008 of the Inter-American Commission of Human Rights, Colombia, Cuba, Venezuela and Haiti continue to have serious human rights problems (see here for the report). The Commission’s Report, which was presented to the Committee on Juridical and Political Affairs of the Organization of American States on 8 May of this [...]
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This week, on 22 April 2009, the European Parliament approved an interim trade agreement with Turkmenistan (for the full text of the resolution see here). Such an agreement would facilitate market access of Turkmen goods to the European Community and vice versa. This information would probably not be worthy of more than a minor note [...]
Filed under: EC-Law, EU-Law, EU/EC Law, Human Rights, Regional Human Rights | Leave a Comment »
