Feb 1, 1995 | News
The ICJ voiced its concern today over the fact that a small clique of States continues to systematically insist on trying to set limitations on the work of human rights defenders.
These defenders are vital to any society. It is they who promote and protect human rights and fundamental freedoms on the ground. Limiting their effectiveness is to limit human rights.
The 10th Session of the UN Working Group on Human Rights Defenders ended last Friday 27 January. But while confirming the need for greater protection for defenders, it has been a profound disappointment. A declaration reinforcing rights for persons and groups promoting the observance of human rights in all countries of the world has been the goal of ten years of annual meetings of the Working Group. And while there has been the persistent call from the international community for a rapid achievement of a “Defenders’ Charter,” this year, only three articles of the Charter were agreed to during the two-week session in Geneva.
Cuba, for instance, never lost one opportunity to suggest that the defenders should act “subject to national law” throughout every operative article ot the proposed Charter. Furthermore, one or two States suggested that defenders should be permitted to defend only “their” own rights. This position was maintained despite reminders from the ICJ and others that many victims are unable to advocate their own rights, such as children, the internally displaced, and the disappeared.
But the ICJ considers it encouraging that notwithstanding the negative attitude displayed by a minority of participants, a clear majority of States and NGOs recognized that the real objectives of the Working Group were sufficiently important to warrant continuation of this body’s efforts in the future. The ICJ hopes that the 1996 Session will be able to adopt a clear and unambiguous Declaration to ensure the protection of human rights workers throughout the world.
Jan 1, 1995 | News
The betterment of the human condition is closely related to the protection of human dignity. A life full of human dignity requires certain minimum standards in the field of civil and political liberties as well as economic and social requirements.
Apr 1, 1994 | News, Publications
The ICJ’s Centre for the Independence of Judges and Lawyers have concluded a three-day seminar on the relationship between the media and the judiciary in Madrid.
The seminar is part of an on-going study on the independence of the judiciary and the legal profession.
Lawyers, judges and journalists from Spain and different regions of the world gathered in Madrid to focus on the relationship between the media and the judiciary. The object has been to draft principles destined to facilitate a relationship that would enhance both the necessity of a free press and the independence of the judiciary. The debate also concentrated on the right of the accused, especially minors, to privacy and the presumption of innocence.
Many different angles were taken into consideration. They included the impact of publicity on judicial proceedings, the emergence of increasingly global and transnational modes of communication and their impact on judicial procedures, the relation between ethics and judicial independence, the restraints which may be necessary for the proper administration of justice, media criticism of judges and judicial decisions as well as in-depth perspectives of these issues in countries such as Brazil, the United Kingdom, France, Ghana, Jordan, India and Australia.
These principles fill a gap which is increasingly highlighted by the progress made in contemporary modes of dissemination of information. The principles are attached herewith.
madrid principles on media and judicial independence-publication-1994-eng (full text in English, PDF)
Feb 1, 1994 | Advocacy, Non-legal submissions
A group of 40 distinguished legal experts and media representatives, convened by the ICJ’s Centre for the Independence of Judges and Lawyers, and the Spanish Committee of UNICEF, met in Madrid, Spain, between 18 – 20 January 1994.
The objectives of the meeting were
- to examine the relationship between the media and judicial independence as guaranteed by the 1985 UN Basic Principles on the Independence of Judiciary;
- to formulate principles addressing the relationship between freedom of the expression and judicial independence.
The Basic Principle is as follows:
- Freedom of expression (including freedom of the media) constitutes one of the essential foundations of every society which claims to be democratic. It is the function and right of the media to gather and convey information to the public and to comment on the administration of justice, including cases before, during and after trial, without violating the presumption of innocence.
- This principle can only be departed from in the circumstances envisaged in the International Covenant on Civil and Political Rights, as interpreted by the 1984 Siracusa Principles on the Limitation and Derogation Provisions in the International Covenant on Civil and Political Rights (U.N. Document E/CN.4/1984/4).
- The right to comment on the administration of justice shall not be subject to any special restrictions.
The document contains the Principles, an Annex: Strategies for Implementation, the List of Participants at the Seminar and extracts from the International Covenant on Civil and Political Rights (ICCPR) and from the Syracusa Principles on the Limitation and Derogation Provisions in the ICCPR.
Madrid Principles Media Judicial Independence-non-legal submission-1994-eng (full text in English, PDF)
