Jul 13, 2015
The present publication, no. 2 in the “Geneva Forum Series”, reflects the discussions at the 2014 Geneva Forum of Judges and Lawyers on judicial enforcement of economic, social and cultural rights.
The development and global acceptance of the justiciability of economic, social and cultural rights has been a slow and lengthy process, despite a growing consensus that it is possible to have recourse to courts to seek their enforcement.
The discussion is hence no longer whether these rights are justiciable, but how the remaining obstacles to access to justice and the enjoyment of the right to an effective remedy by victims of violations of these rights can be overcome.
At the 2014 Geneva Forum of Judges and Lawyers, participants discussed the progress to date as regards the legal and judicial enforcement and protection of economic, social and cultural rights; respecting the separation of powers while ensuring effective judicial protection; and, challenges and obstacles in the judicial enforcement of economic, social and cultural rights.
The ICJ has convened the Geneva Forum of Judges and Lawyers each year since 2010.
Organized by the ICJ’s Centre for the Independence of Judges and Lawyers, the Forum gathers legal practitioners from around the world for dialogue aimed at identifying and finding practical solutions to the challenges their professions face.
Improved judicial protection of human rights is the underlying motivation and theme for the Forums.
The Geneva Forum Series seeks to provide a permanent record of the discussions.
Download the full report here:
Universal-Judicial Enforcement ESCR Geneva Forum Series 2-Publications-Conference Report-2015-ENG
Jun 8, 2015 | News
While the constitution of Pakistan’s first National Commission for Human Rights is welcome, the Commission risks being toothless unless its powers are extended to investigate human rights violations allegedly committed by the security agencies, the ICJ warned today.
The ICJ was informed that members of the National Commission for Human Rights were notified on 20 May 2015, three years after the National Commission for Human Rights Act was passed in June 2012.
“The establishment of a national human rights commission is a much-needed step for the promotion and protection of human rights in Pakistan,” said Sam Zarifi, ICJ’s Asia Director. “But for the new Commission to be able to assist the people of Pakistan, who face tremendous violations of their rights in terms of civil, political, social, economic, and cultural rights, it must be able to address the conduct of the country’s powerful military and security agencies.”
Under the National Commission for Human Rights Act, the Commission’s powers include investigating human rights violations, suo motu or on petition; visiting detention centers to ascertain the legality of the detention of detainees and ensure detainees are treated according to law; reviewing and suggesting amendments to Pakistan’s constitutional and legal framework on human rights; making recommendations for the effective implementation of international human rights treaties; and developing a national plan of action for the promotion and protection of human rights.
The law provides that while inquiring into complaints under the Act, the Commission shall have all powers of a civil court, including summoning and ensuring attendance of witnesses, receiving evidence on affidavits; and discovery and production of documents.
However, the Commission’s mandate is very limited where the armed forces or security agencies are accused of committing human rights violations, the ICJ says.
The law specifically states that “the functions of the Commission do not include inquiring into the act or practice of the intelligence agencies”.
Where the armed forces are accused of human rights violations, the Commission is only authorized to seek a report from the Government and make recommendations.
“The Commission’s restricted mandate over the armed forces, and especially the intelligence agencies, is of grave concern given that Pakistan’s military and intelligence services are accused of perpetrating gross human rights violations, including enforced disappearances, extrajudicial killings, and torture and ill-treatment,” Zarifi said. “A human rights commission that does not have jurisdiction over abuses by these actors risks being toothless and ineffective – and worst, a cover for continuing government inaction in response to these violations.”
“With these exceptions in place, it seems questionable that the Commission will get accreditation by the International Coordinating Committee of NHRIs, which is a requirement for a National Human Rights Institution to be recognized internationally,” he added. “The Pakistani government should ensure that the Commission complies with international standards so it can help protect and promote the rights of all people in Pakistan.”
Additional Information:
Justice (r) Ali Nawaz Chohan was appointed as the Chairperson of the Commission. Other members include one representative from each province; one representative each from the Islamabad Capital Territory and the Federally Administered Tribal Areas; the Chairperson of the National Commission on the Status of Women; and a member belonging from a religious minority community.
The UN Principles relating to the Status of National Institutions (Paris Principles) provide the minimum standards required by national human rights institutions to be considered credible and effective, and get accreditation by the International Coordinating Committee of NHRIs. Section 3 (a) (ii) of the Paris Principles states that a NHRI should have the power to hear a matter without higher referral over “any situation of violation of human rights which it decides to take up”.
Section 4 of the National Commission on Human Rights Act, 2012, provides the following procedure for appointment of members of the Commission: the Federal Government invites nominations for commissioners through public notice; the Prime Minister and Leader of the Opposition scrutinize the nominations; and the Prime Minister and Leader of the Opposition forward three names for each member of the commission to a parliamentary committee for confirmation. The law provides that the parliamentary committee would comprise of two members of the National Assembly (lower house) and two members of the Senate (upper house) –with two members each from the government and two from the opposition.
Contact:
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; e: sam.zarifi(a)icj.org
Reema Omer, ICJ International Legal Adviser for South Asia (London), t: +44 7889565691; e: reema.omer(a)icj.org
May 12, 2015
Today, the ICJ made a submission to the Committee on Economic, Social and Cultural Rights in advance of Committee’s examination of Uganda’s initial periodic report under the International Covenant on Economic, Social and Cultural Rights.
In its submission, the organization drew the Committee’s attention to:
a) the detrimental impact of the adoption and enforcement of the Anti- Homosexuality Act, 2014;
b) the effect of pre-existing and extant criminalization of consensual same-sex sexual conduct; and
c) the introduction of the Prohibition of Promotion of Unnatural Sexual Practices Bill, on the respect for and the protection and realization of certain Covenant rights.
The ICJ considers that those laws violate – or would violate if adopted in the case of the above-mentioned Bill – the following Covenant rights of Uganda’s population generally, and in particular of lesbian, gay, bisexual and transgender persons in the country:
a) the principle of non-discrimination;
b) the right to work and to just and favourable conditions of work;
c) the right to an adequate standard of living, including adequate housing;
d) the right to the enjoyment of the highest attainable standard of physical and mental health; and
e) the right to education.
Each section features a number of recommendations.
Uganda-ICJ CESCR submission-Advocacy-non legal submission-2015-ENG (full text in PDF)
May 11, 2015
Today, the ICJ made a submission to the Committee on Economic, Social and Cultural Rights in advance of the examination of Thailand’s initial and second periodic reports under the International Covenant on Economic, Social and Cultural Rights.
The submission provides the Committee with information about certain obstacles that undermine the implementation of the Covenant.
First, the ICJ highlights the obstacles to the enjoyment of the rights guaranteed by the Covenant that have arisen as a result of the new legal and institutional framework since the Thai military implemented Martial Law nationwide on 20 May 2014 and staged a military coup on 22 May 2014.
The submission further describes barriers faced by women to their enjoyment of their rights under the Covenant on the basis of equality and freedom from discrimination.
The submission concludes with a number of recommendations.
Thailand-ICJ CESCR submission-Advocacy-non legal submission-2015-ENG (full text in English)
May 8, 2015
Today, the ICJ and the Center for Reproductive Rights made a submission to the UN Committee on Economic, Social and Cultural Rights in view of its examination of Ireland’s Third Periodic Report.
The submission highlights concerns regarding Ireland’s compliance with its obligations under the International Covenant on Economic, Social and Cultural Rights as a result of its highly restrictive legislative framework on abortion.
The Center and the ICJ consider that Ireland’s laws on abortion undermine women’s enjoyment of a number of rights under the ICESCR, and in particular the right to the highest attainable standard of health.
The submission briefly describes the current regulation of abortion in Ireland. It then summarizes the way in which previous treaty monitoring bodies’ conclusions and recommendations have addressed women’s access to safe and legal abortion, including specifically in Ireland.
The submission concludes with a number of number of recommendations.
Ireland-ICJ CESCR submission-Advocacy-non legal submission-2015-ENG (full text in PDF)
