Practitioners’ Guide N°12 now available in Arabic

Practitioners’ Guide N°12 now available in Arabic

Today, the ICJ published an Arabic translation of Practitioners’ Guide N°12 on Women’s Access to Justice for Gender-based Violence.

The Guide is designed to support legal practitioners and human rights defenders involved or interested in pursuing cases of gender-based violence.

It provides information about regional and international law and standards relevant to gender-based violence, advice on implementing these standards as part of domestic law reform and examples of existing good practice in seeking protection for women.

The Guide (Arabic version here) also addresses the practical issues that are faced by women who have been subject to gender-based violence and the steps that are necessary to secure their access to justice in practice. It considers women’s experiences of the criminal justice system and reflects on how the justice system deals with women’s safety and need for access to services beyond legal assistance.

Download

Universal-Womens accesss to justice-Publications-Practitioners’ Guide Series-2019-ARA (full guide, in PDF)

ICJ hosts consultation on gender and freedom of religion or belief

ICJ hosts consultation on gender and freedom of religion or belief

Bangkok, Thailand – From 1 to 2 November 2019, ICJ in collaboration with the UN Office of the High Commissioner for Human Rights (OHCHR) and the Ralph Bunche Institute for International Studies, hosted a consultation on gender and the right to freedom of religion or belief with the UN Special Rapporteur on Freedom of Religion or Belief, Dr. Ahmed Shaheed.

The primary objective of the consultation was to provide a forum for human rights defenders, particularly women and human rights defenders belonging to sexual orientation, gender identity, gender expression and sex characteristics (SOGIESC) minorities to share their perspectives on laws, practices and anti-rights strategies based on religion or belief that discriminate against women and SOGI groups and individuals in Asia. The consultation was attended by at least fifty-two (52) human rights defenders from all over Asia.

Emerlynne Gil, ICJ’s Senior International Legal Adviser, in her opening address, emphasized that gender equality and the right to freedom of religion or belief should not be viewed as inimical to each other. She said, “Women and individuals belonging to sexual orientation and gender identity minorities should also be able to being to a faith or religion of their choice, or religion into which they are born and they should continue to belong to the religion or belief without being discriminated against by the faith or religious community.”

The consultation included discussions on the domestic contexts and legal frameworks in relation to freedom of religion and the rights of women and SOGIESC minorities, including in relation to the right to health.  The participants considered challenges faced by women and SOGIESEC minorities when religious leaders act as justice actors were also discussed. The consultation, while highlighting the good practices in advancing the rights of women and SOGIESC minorities, also explored existing challenges and tensions in respect of achieving gender equality.

At the conclusion of the consultation, Dr. Shaheed noted the diversity of the participants in the room, who came from all over Asia. He emphasized that “in order to engage more effectively and strategically, it is imperative that we improve our literacy in relation to the human rights framework and of religion in order to better understand its intersectionality.” 

Contact

Sushmitha Thayanandan, National Legal Advisor, Sri Lanka (ICJ) e: sushmitha.thayanandan(a)icj.org

Morocco: immediately and unconditionally release journalist Hajar Raissouni and others detained purportedly over illegal abortion

Morocco: immediately and unconditionally release journalist Hajar Raissouni and others detained purportedly over illegal abortion

The Moroccan authorities should immediately and unconditionally release Moroccan journalist Hajar Raissouni and drop all charges against her, says the ICJ.

She was arrested on 31 August 2019, and has been detained since then on charges relating to “extra-marital sexual relations” and, purportedly, having consented to an “illegal abortion”.

Alongside Raissouni, the Moroccan authorities arrested and detained a medical doctor and two medical staff of the clinic where she had undergone medical treatment, and her fiancé. They too should be immediately and unconditionally released and have all charges against them dropped.

Raissouni is a journalist working for the independent daily newspaper Akhbar al-Yaoum. On 31 August, Raissouni and her fiancé were stopped in Rabat as they left the clinic where, according to her lawyers, she had been undergoing treatment for internal bleeding.

Plainclothes police officers questioned the couple about the medical treatment she had been receiving, and accused the journalist of having had an abortion.

After her arrest, Raissouni was forcibly subjected to a vaginal examination. She was then charged with “having an extramarital relationship” and with “consenting to have an illegal abortion”.

“Ms Raissouni’s rights to privacy, to bodily integrity and to be free from torture and other ill-treatment, as well as her rights to liberty and security of person, including her freedom from arbitrary detention, and her right to sexual and reproductive health, have been violated by the very same authorities that are supposed to respect and protect them,” said Said Benarbia, Director of the Middle East and North Africa Programme at the International Commission of Jurists (ICJ).

“She and others detained in connection with this case must be immediately and unconditionally released, the charges against them must be dropped, and their right to an effective remedy, including reparation must be ensured,” he added.

Raissouni, who was questioned after her arrest about her work as a journalist, recently covered mass demonstrations in the Rif region in the North of Morocco, where the protests by the local population were met with police repression.

This raises legitimate concerns over the political nature of the charges and prosecution against her.

On 5 September, the Rabat prosecutor’s office issued a public statement revealing that the results of the so-called medical examination to which Raissouni had been subjected purportedly indicated that she had undergone an abortion. The prosecutor also rejected all accusation that the charges against her were motivated by Raissouni’s work as a journalist.

On 23 September, Raissouni and the other accused, who remain in custody after their request for provisional release was rejected, appeared before the First Instance Tribunal of Rabat where they denied all charges.

Background

In Morocco, abortion is only allowed “if necessary to protect the mother’s health” (article 453 of the Penal Code) and is otherwise publishable with up to two years’ imprisonment and a fine (article 454). Consensual sex out of wedlock is also a criminal offence under article 490 of the Penal Code, punishable with up to one year’s imprisonment. These provisions are not consistent with Morocco’s obligations under international human rights law obligations, including the International Covenant on Civil and Political Rights to which Morocco is a State party.

In its 2019 report Obstacles to Women’s and Girls’ Access to Justice for Gender-based Violence in Morocco, the ICJ urged the Moroccan authorities to amend these provisions in order to recognize one’s right to sexual autonomy, among others, and to facilitate access to safe and legal abortion.

Download

Morocco-Abortion-News-web stories-2019-ARA (full story in Arabic, PDF)

Translate »