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)
Oct 10, 2014 | Advocacy, Cases, Legal submissions
Today, the AIRE Centre (Advice on Individual Rights in Europe), the European Council on Refugees and Exiles (ECRE) and the ICJ presented joint written observations to the Grand Chamber of the European Court of Human Rights in the case of F.G. v. Sweden (Application No. 43611/11).
The case arises from the Swedish authorities’ dismissal of an asylum application. The submissions focus on:
- the obligation for Parties to the ECHR to ensure that the risk upon removal is addressed in such a way as to guarantee that the Convention’s protection is practical and effective;
- whether requiring coerced, self-enforced suppression of a fundamental aspect of one’s identity, which enforced concealment of one’s religion entails, is compatible with Convention obligations;
- the relevance and significance of the EU asylum acquis and Court of Justice of the EU’s jurisprudence on these matters; and
- the relevance and significance of the 1951 Geneva Refugee Convention.
SWEDEN-ECHR amicus FG vs Sweden-Advocacy-Legal Submission-2014-ENG (full text in PDF)
Jun 26, 2014 | Advocacy, Cases, Legal submissions, News
The ICJ expresses its disappointment today at the judgment of the European Court of Human Rights in the case of M.E. v. Sweden (Application No. 71398/12).
May 14, 2014 | Advocacy, Cases, Legal submissions
The European Court of Human Rights granted permission to the AIRE Centre, ILGA-Europe and the ICJ for a third-party intervention in the case of Pavla Sabalić v. Croatia (Application No. 50231/13).
Apr 3, 2014 | Advocacy, Legal submissions
The ICJ today made a further submission to the UN Working Group on Arbitrary Detention.
The ICJ submission addressed a number of issues for a draft set of “Basic Principles and Guidelines” on the right of anyone deprived of liberty to challenge the lawfulness of his or her detention, and the right of victims of arbitrary or unlawful detention to an effective remedy.
The document supplements an earlier submission by ICJ, delivered in November 2013, and responds to a number of questions raised by members of the Working Group when the ICJ appeared before it in its November session. The new submission addresses the following issues:
- The ability of persons other than the detained individual and his or her lawyer to initiate proceedings challenging the detention.
- Entitlement of a detained person to disclosure by the government of information relevant to their detention, in the context of challenging the lawfulness of the detention.
- The right of the detained individual physically to appear before the court.
- The scope of the obligation to provide compensation to victims of arbitrary or otherwise unlawful detention, apart from particular treaty provisions.
- Whether, in terms of the right to remedy and challenge, any distinction is to be drawn between the criminal justice system and other forms of detention such as detention of migrants, detention on psychiatric and various existing administrative regimes.
- Military courts and the right to challenge the lawfulness of detention.
- Whether exceptions to the right to challenge lawfulness of detention before a court exist, under customary international law.
The United Nations Working Group on Arbitrary Detention, which will next meet in Geneva 22 April to 1 May 2014, was requested by the Human Rights Council to prepare the draft “Principles and Guidelines” before the end of 2015. The Working Group is presently developing a first draft. A stakeholder consultation on the draft is contemplated for September 2014.
The new supplemental submission may be downloaded in PDF here: ICJ-Advocacy-WGADhabeas-2ndSubmission-03042014
The earlier submission may be downloaded here.
May 7, 2013 | Advocacy, Legal submissions
The ICJ today submitted to the United Nations a written statement concerning corporate complicity in human rights abuses and access to justice for victims of such abuses.
The statement is made ahead of the UN Human Rights Council’s 23rd session (27 May to 14 June 2013) and comments on a report of the Council’s Working Group on human rights and transnational corporations and other business enterprises.
Setting out issues concerning obstacles to justice for victims of human rights abuses by business enterprises, the ICJ calls on the Working Group to take various steps to address such issues, including by:
- Exploring the further development of international standards;
- Raising specific allegations of corporate abuse with relevant State authorities and business enterprises; and
- Addressing more clearly the issue of access to justice in cases of corporate complicity.
HRC23-Item3-WGBHR-WrittenStatement-LegalSubmission-2013 (download statement in PDF)
