Dec 5, 2014 | Multimedia items, News, Video clips
Jacqueline Dugard, Hina Jilani, Rodrigo Uprimny Yepes, Gilles Badet, Alejandra Ancheita and Harsh Mander talk about their experience and the situation of economic, social and cultural rights in their respective countries.
These prominent participants in ICJ’s Geneva Forum 2014 give their views on judicial protection of economic, social and cultural rights (ESCR) as well as on what needs to be changed to address obstacles to guarantee an effective remedy for victims of violations of their socio-economic rights.
They also tell about the main opportunities and key challenges for the realization of ESCR in their respective countries.
The 2014 Geneva Forum of Judges and Lawyers is a joint initiative of the ICJ Center for the Independence of Judges and Lawyers (CIJL) and the ICJ Programme on Economic, Social and Cultural Rights.
It has been made possible with the support of the République et Canton de Genève, the Permanent Mission of Germany to the United Nations in Geneva, and the Taipei Bar Association.
Dec 4, 2014 | Events, News
Today and tomorrow, the ICJ welcomes judges and lawyers from all regions of the world to discuss the “Judicial Enforcement of Economic, Social and Cultural Rights”.
The 2014 Geneva Forum of Judges and Lawyers is a joint initiative of the ICJ Center for the Independence of Judges and Lawyers (CIJL) and the ICJ Programme on Economic, Social and Cultural Rights.
Participants are exchanging views on the progress made over the past two decades, including the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights in May 2013.
The Protocol allows individuals to bring complaints of violations of such rights to an independent international body of experts for adjudication.
Discussions are held also in relation to challenges to the justiciability of these rights, including as regards the principle of separation of powers between the judicial, executive and legislative branches of government.
Managing potential implications for public human and financial resources of judicial orders for enforcement of ESCR, and the conflicts that may arise between state development plans, public interest and the interests and rights of the individuals, will also be topics of discussion.
Participants are invited to ground the discussion of conceptual issues in examples from their own actual experience and practice in their national jurisdictions.
Alejandra Ancheita, recent winner of the Martin Ennals Award 2014 – The Nobel Prize of Human Rights – is among the guest speakers.
A report of the discussions will be published in 2015.
The draft agenda for the 2014 Geneva Forum is available here:
Universal-Programme GVA Forum 2014-Events-2014-ENG (English)
Universal-Programme GVA Forum 2014-Events-2014-ESP (Español)
The 2014 Geneva Forum has been made possible with the support of the République et Canton de Genève, the Permanent Mission of Germany to the United Nations in Geneva, and the Taipei Bar Association.
The Geneva Forum has been convened annually by the CIJL since 2010.
Information on, and reports of, the previous Geneva Forums can be found here:
Geneva Forum 2013 (photo)
Geneva Forum Series no. 1: Women and the Judiciary
Geneva Forum 2012
Third Geneva Forum for Judges and Lawyers: the report is published
Geneva Forum 2011
2nd ICJ Geneva Forum of Judges and Lawyers: final report
Geneva Forum 2010
1st ICJ Geneva Forum of Judges and Lawyers: accountable national security policies – the role of judges and legal practitioners
Dec 1, 2014 | News
The ICJ expresses deep concern that the Legislative Assembly of Bolivia continues to threaten three Constitutional Court judges with removal, and possibly criminal punishment, based solely on legislators’ disagreement with a legal opinion and ruling issued by the judges.
A “trial” of the three judges conducted by the Senate is scheduled to begin on 4 December 2014.
The ICJ has previously condemned the proceedings as fundamentally flawed and in violation of international standards for the independence of judges.
The legislature and government now appear to accept some of the ICJ’s criticisms.
Last-minute legislative amendments would apparently specify that the legislative assembly process is disciplinary in character and that the only sanction the assembly can directly impose is permanently to remove judges from office; if a disciplinary violation is found, the case would be referred onward for criminal prosecution before the ordinary courts. (Legislators were previously reported to be seeking for the Senate itself to impose a sentence of 10 years’ imprisonment.)
The ICJ reaffirms, however, that the case against these three judges remains inherently flawed because the allegations on which the proceedings are based cannot be a valid basis for any removal from office or criminal punishment.
“It is fundamental to the independence of the judiciary, and the rule of law, that judges must be able to decide cases without fear of punishment for their legal opinions and rulings, including those that the government or legislature may not like,” said Matt Pollard, Head of the Centre for Independence of Judges and Lawyers at the ICJ.
“The procedural amendments under consideration could be an improvement for other kinds of cases in the future,” said Pollard. “However, the stated reason for pursuing these three judges – disagreement with the content of their legal opinion and ruling – cannot form a valid basis for their removal from office or criminal punishment under any procedure.”
“The case against these three judges cannot be cured by legislative ‘quick fixes’ and must simply be dropped immediately,” Pollard added.
The ICJ is also concerned that the legislature has said it will press ahead immediately with the “trial” on 4 December, a few days from now, while fundamental changes to the procedure are still underway.
Further, the media has reported that Chamber of Deputies President Marcelo Elío has stated that the judges could avoid trial by “voluntarily” resigning before 4 December.
It would be unacceptable to use the threat of unjust or unclear procedures to pressure a judge to resign.
The ICJ welcomes the decision by the legislature to review and potentially reform judicial accountability procedures in Bolivia.
At the same time, reform of procedures that are of such fundamental importance to the rule of law and democracy should be based on a process of broader consultation with all concerned stakeholders, and more considered, comprehensive and detailed assessment and analysis in relation to international standards.
For instance, under the new amendments, it would appear that the Senate (photo) has no option in any case to impose a disciplinary penalty less than permanent removal from office, even if this would be disproportionate.
Placing all responsibility for disciplinary proceedings with an independent Judicial Council should also be considered.
In October, the ICJ sent an open letter and analysis brief to members of the Legislative Assembly, explaining why the proceedings violate international law and standards, urging that proceedings against the three judges immediately be ended, and recommending a process of longer-term reform of judicial accountability processes in Bolivia.
Contact:
English: Matt Pollard, Head of the Centre for Independence of Judges and Lawyers at the ICJ, t: +41 79 246 54 75; e: matt.pollard(a)icj.org
Spanish: Carlos Ayala, ICJ Commissioner, t: +58 212 952 8448; e: carlos.ayala(a)icj.org
Bolivia-Procedimento magistrados-News-Press Release-2014-SPA (full text in PDF)
(Update: the proceedings were suspended on 4 December, and are to continue on 9 December)
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
