Jun 25, 2016 | Advocacy
The ICJ today published a General Guidance aimed at assisting judges and others in the justice sector to effectively incorporate a gender perspective in their work.
The General Guidance is especially significant as it reaffirms that customs and traditions should not be invoked to justify discrimination against women.
The Bangkok General Guidance for Judges in Applying a Gender Perspective was discussed and adopted by judges from Philippines, Thailand, Timor Leste, and Indonesia, at a gathering in Bangkok from 24 to 25 June 2016, hosted by the ICJ and UN Women.
During the workshop, judges from the four Southeast Asian countries deliberated extensively how best to assist judges in employing a gender perspective in deciding cases before them.
“The Bangkok General Guidance can make a powerful contribution towards achieving gender equality under the law in Southeast Asia,” said Sam Zarifi, Regional Director for Asia and the Pacific at the ICJ. “It is crucial that judges now work to implement this General Guidance in their home countries.”
The idea to initiate the development of th Bangkok General Guidance emerged from the ASEAN Regional Dialogue on Judging with a Gender Perspective, which was held in Jakarta, Indonesia in 2015.
The Supreme Court of the Philippines offered to take the lead on the project during that regional judicial dialogue.
“Women have a right to equal treatment and equal protection and non-discrimination under the law. It is our responsibility as judges to ensure that women receive equal treatment in law and in practice,” said Justice Teresita de Castro of the Supreme Court of the Philippines.
Judges attended several sessions over the course of the two-day workshop, participating in exercises focused on identifying and addressing gender stereotypes.
“Women in the region face many obstacles in accessing justice,” said Roberta Clarke, Regional Director for Asia and the Pacific at UN Women.
“But judges may be either unaware of these issues or unsure how to address these issues through the legal process,” she added.
The Bangkok General Guidance will make judges aware of means to consider evidence without resorting to gender stereotypes and decide cases based on the principle of equality recognized under international human rights standards, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
Recommendations for institutional policies that should be adopted by courts to help them become more gender sensitive and gender responsive are also set out in the General Guidance.
Contact:
Emerlynne Gil, Senior International Legal Adviser for Southeast Asia, t: +66840923575 ; e: emerlynne.gil@icj.org
Southeast Asia-Bangkok-Guidance-Advocacy-2016-ENG (full PDF, in English)
Southeast Asia-Bangkok-Guidance-Advocacy-2016-BUR (full PDF, in Burmese)
Southeast Asia-Bangkok-Guidance-Advocacy-2016-MON (full PDF, in Mon language)
Southeast Asia-Bangkok-Guidance-Advocacy-2016-SHAN (full PDF, in Shan language)
Jun 24, 2016 | News
The ICJ conducted a research mission to Azerbaijan on 20-23 June, to assess the situation of lawyers in the country, in light of concerns about recent criminal and disciplinary proceedings against lawyers.
During the mission the ICJ met with lawyers and legal experts to discuss the governance of the legal profession, including questions of access to the profession, the need for sufficient numbers of qualified lawyers to provide effective access to justice, and the role of the bar association in protecting lawyers against harassment or interference in their work.
In the course of the mission the ICJ met with several lawyers against whom disciplinary proceedings had been initiated, or who had faced criminal or other sanctions. Many of these lawyers have been prominent in bringing human rights cases before the national and international courts.
On 23 June, ICJ representatives observed a hearing in the case of lawyer Alaif Ghasanov before the Baku Administrative Economic Court no.1, in which he is challenging his disbarment.
The ICJ will publish a report of the mission with recommendations to address harassment of lawyers and for reform of the governance of the legal profession.
Jun 23, 2016 | News
The ICJ welcomes today’s judgment of the European Court of Human Rights that the removal from office of Hungarian Supreme Court President András Baka violated the European Convention on Human Rights (ECHR).
The Court found that the pre-mature termination of his appointment deprived him of a fair process and was based on public statements he made that were critical of certain justice system reforms.
The ICJ intervened as third party in this case. The judgment is expected to be influential around the world in cases involving judicial independence and expression.
“Today’s judgment is a vindication for the security of tenure and freedom of expression of judges not only in Hungary, but around the world,” said Massimo Frigo, ICJ Europe Programme Legal Adviser.
“Judges should never be precluded from exercising their right and duty to speak out in protection of judicial independence,” he added.
In its ruling, the Grand Chamber of the European Court of Human Rights ruled that, by ending his prescribed term in office pre-maturely through a targeted legislative reform because of his public criticism, Hungary had violated his right to freedom of expression, under article 10 of the European Convention on Human Rights.
The Court held that expressing statements on the reform of the judiciary and other legislation was not only Judge Baka’s right, but also his duty.
The Court further ruled that former Supreme Court President András Baka had enjoyed a right to access courts to challenge his dismissal, and that his removal from office by a law that precluded such challenges violated article 6 of the ECHR on the right to a fair hearing.
In its judgment, the European Court cited a wide range of United Nations, European, Inter-American, and other international instruments and standards on judicial independence and freedom of expression.
The International Commission of Jurists anticipates that the Court’s ruling and reasons will have an important influence on cases concerning judicial independence and expression around the world.
Background:
Judge András Baka, former judge of the European Court of Human Rights from 1991 to 2008, had been appointed as President of the Supreme Court of Hungary on 22 June 2009.
His term in office, which was on his appointment guaranteed by law to continue until 22 June 2015, was prematurely terminated on 1 January 2012 following the entry into force of the Transitional Provisions of the new Hungarian Constitution.
This rule modified the eligibility requirements for the position of President of the Supreme Court, effectively excluding judge András Baka from the position.
Judge András Baka was also President of the National Council of Justice, and had publicly expressed criticism concerning various legal reforms brought on by the Hungarian Government that he considered to undermine the independence of the judiciary.
The judgment can be downloaded in PDF format.
Read also:
ICJ third party intervention
The ICJ also recently published a comprehensive analysis of relevant global standards in its Practitioners Guide No. 13 on judicial accountability.
An online compilation of global and regional standards on independence and accountability of judges, lawyers and prosecutors is also available here.
Contact
Massimo Frigo, Legal Adviser, ICJ Europe Programme, t: +41 22 979 38 05 ; e: massimo.frigo(a)icj.org
Jun 22, 2016 | Advocacy, Non-legal submissions
The ICJ today made an oral statement at the United Nations, on threats to the independence of lawyers in Azerbaijan.
In the statement to the Human Rights Council, the ICJ emphasised that lawyers in Azerbaijan face suspension or disbarment for statements clearly constituting protected freedom of expression. In some cases, they are subject to arrest, detention, unfair trial, and arbitrary imprisonment.
The lack of independence of the Bar Association is a serious concern. This body is increasingly initiating apparently groundless disciplinary proceedings, including leading to disbarment, against lawyers who defend the interests of clients in high profile or politically sensitive cases. Disciplinary penalties in such cases are routinely upheld by the judiciary, which does not appear to be fully independent.
This was highlighted in preliminary findings of the Working Group on Arbitrary Detention following its recent visit (Working Group on Arbitrary Detention Statement upon the conclusion of its visit to Azerbaijan (16-25 May 2016)). Representatives of the ICJ are currently visiting Azerbaijan to further assess the situation.
The cases of Khalid Bagirov, Alaif Ghasanov and Intigam Aliyev illustrate these concerns. While welcoming the release of Mr Aliyev, we remain concerned at the maintenance of his underlying conviction despite credible reports that the charges against him were politically motivated.
Lawyer Muzaffar Bakhishov is currently subject to disbarment proceedings for having criticized the lack of independence of the judicial system.
These disbarments have a chilling effect on the work of other lawyers. They undermine access to effective and independent legal assistance to protect human rights.
The ICJ urged the Council to closely monitor this worrying trend for the rule of law.
The statement may be downloaded in PDF format here: HRC32-OralStatement-Azerbaijan-2016-final-ENG
Jun 21, 2016 | News
The ICJ urged the diplomatic community in Myanmar to assist, and assess, the new government’s efforts to improve the protection and promotion of human rights in the country at a diplomatic dialogue today.
The ICJ shared its 14 General Recommendations to the new Government and Parliament, with ambassadors and high-level diplomatic representatives, and discussed specific, actionable recommendations to the Government to effectively address human rights violations immediately and in the long term and to provide redress to those whose rights have been violated.
Access to justice for victims of human rights violations has been severely curbed in Myanmar during decades of military rule.
Most of the population has been consistently denied access to the courts and effective remedies as a result of unfair and discriminatory laws and poor court decisions.
With an improper regulatory regime for investment and environmental protection, and an ineffective judiciary to enforce laws and provide access to justice, economic development has risked undermining human rights protection and negatively impacting on economic, social and cultural rights.
Vani Sathisan, ICJ’s International Legal Adviser for Myanmar, stated that while the new government is more receptive than its predecessor to international human rights laws and standards, it should urgently establish a clear plan on strengthening rule of law reform and that all legislation must be guided by the principles of non-discrimination, greater accountability, transparency and justice.
Among the key recommendations the ICJ shared are:
- Supporting the committing of resources to the judiciary as well as the Attorney General’s Office to improve the state of legal education, court facilities, and safeguards to prosecutors to undertake investigations independently;
- Pushing for the passage of new land laws in consultation with civil society modeled on international standards and best practices;
- Ensuring that a new investment law conforms to the new land law that protects all forms of land tenure and provides access to justice when human rights occur;
- Seeking more clarity on the Government’s ability to monitor and regulate the conduct of businesses and their impacts on human rights;
- Supporting and strengthening the capacity of the Myanmar National Human Rights Commission to undertake investigations on human rights violations independently and impartially;
- Repealing or amending laws that are abused to violate the right to freedom of expression and opinion; and
- Encouraging the Government to consult and engage more closely with civil society and the international human rights community.
The diplomatic dialogue aimed to provide the international human rights organizations with an opportunity to clarify their various policy guidelines and provide updates to assist the diplomatic community with their multilateral lobbying efforts in Myanmar with the Executive, Legislative and Judiciary, and civil society.
The Embassy of Denmark hosted the event. Members of the diplomatic community included those from the EU, UK, Canada, Denmark, Sweden, Finland, Australia, The Philippines and Bangladesh.
The ICJ was joined in a panel by the Office of the High Commissioner for Human Rights and Human Rights Watch.
