Mar 29, 2021
The ICJ recently submitted an amicus curiae brief to the Inter-American Court of Human Rights in the case of Manuela v. El Salvador.
The ICJ’s written submissions to the Inter-American Court of Human Rights focused on the right to respect for and protection of information about one’s health under both the Convention on Human Rights and Biomedicine and the case-law of the European Court of Human Rights. In particular, the ICJ observed that the right to private life guarantees respect for and protection of information about one’s health, such as personal and medical data, including relating to an abortion, to one’s sexual life and references to one’s health treatment.
For more information about the case, see https://reproductiverights.org/press-room/inter-american-commission-human-rights-filed-case-manuela-vs-el-salvador-inter-american
Salvador-Manuela amicus brief-Advocacy-legal submission.2021-ENG (Amicus brief in PDF, English)
Salvador-Manuela amicus brief-Advocacy-legal submission.2021-SPA (Amicus brief in PDF, Spanish)
Mar 24, 2021
Women human rights defenders are at a heightened risk of sexual or gender-based violence as a result of the nature of their work in defence of human rights, the ICJ said in a new report published today.
The 28-page report Sexual and Gender-Based Violence in Zimbabwe: Women Human Rights Defenders’ Experiences and Legal Challenges concluded that gaps within the Zimbabwean legal framework on sexual offences hinder women human rights defenders from seeking and receiving redress for sexual or gender-based violence suffered in the course of or due to the nature of their work.
The report explores the main legal gaps identified and makes recommendations to a number of actors, including the Zimbabwe Republic Police, the Judicial Service Commission and Parliament of Zimbabwe.
“The police, the Judicial Service Commission, and ultimately the Parliament must improve their approach to SGBV for the benefit of all women, including women human rights defenders,” said Blessing Gorejena, ICJ Senior Legal Adviser.
In 2019, the ICJ commissioned a study of the experiences of women who are human rights defenders in Zimbabwe based on the following research questions:
- Does the work of WHRDs increase their risk of being subjected to sexual and gender-based violence (SGBV)?
- What are the key legal challenges that WHRDs encounter when seeking redress for SGBV perpetrated against them due to or as a result of their work?
This report builds on the discussions held at a regional colloquium organized by the ICJ in 2015 in Eswatini. Those discussions were presented in a reflection paper entitled Sexual and Gender-based Violence, Fair Trial Rights and the Rights of Victims: Challenges in Using Law and Justice Systems Faced by Women Human Rights Defenders.
Contact
Blessing Gorejena, Senior Legal Adviser and Team Leader of ICJ Zimbabwe Project, e: blessing.gorejena(a)icj.org
Elizabeth Mangenje, Legal Adviser, e: elizabeth.mangenje(a)icj.org
Download
Zimbabwe-SGBV-WHRD-Publications-Reports-Thematic reports-2021-ENG
Mar 15, 2021 | Advocacy, News
The ICJ and a group of Sri Lankan judges have agreed on the importance of taking effective measures to address discrimination and equal protection in accessing justice in the country.
On 6 and 13 March 2021, the ICJ, in collaboration with the Sri Lanka Judges’ Institute (SLJI), organized the National Judicial Dialogue on the Elimination of Discrimination against Women and Enhancing Women’s Access to Justice. This event was organized under the ‘Enhancing Access to Justice for Women in Asia and the Pacific’ project funded by the Swedish International Development Cooperation Agency (SIDA).
Twenty magistrates and District Court judges from around Sri Lanka, with judicial and legal experts from other countries, participated in this judicial dialogue which was conducted virtually due to the COVID-19 pandemic.
The dialogue highlighted how Sri Lankan women continue to face a myriad of challenges including legal, institutional and cultural barriers when accessing justice. Gender biases and discriminatory behaviour prevalent in every aspect of justice delivery needs to be dealt with in order to effectively enhance women’s access to justice.
Boram Jang, ICJ International Legal Advisor remarked that “judiciaries have an important role to play in eliminating gender discrimination in justice delivery as it is a critical component in promoting women’s access to justice. In order to do so, the judges should be equipped with a full understanding of Sri Lanka’s obligations under the CEDAW and other human rights instruments.”
Honorable L. T. B. Dehideniya, Justice of the Supreme Court of Sri Lanka and Executive Director of the SLJI expressed hope that judicial dialogues such as this would “enhance the capacity of participant judges to use the international legal instruments, which Sri Lanka has ratified, in domestic judicial work especially with regard to the elimination of gender inequalities and biases.”
Ms. Bandana Rana, Vice Chair of the CEDAW Committee led a discussion with the judges on the application of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), pointing out that “judges play a pivotal role in identifying the incongruences between existing laws and international human rights standards and ensuring that the full gamut of women’s human rights is retained in line with the CEDAW framework.”
Justice Ayesha. M. Malik, High Court Judge, Lahore, Pakistan affirmed the importance applying the right to access to justice under international human rights law and suggested strategies for reflecting these international standards in judicial decisions.
Attorney Evalyn Ursua addressed on gender stereotypes and biases in justice delivery and engaged the participants on how these could be effectively eliminated. She stated that “the judiciary as a part of the State has the obligation to eliminate gender discrimination.” She encouraged the judges to use the cultural power of law to change language and attitudes surrounding gender discriminatory behaviour and stigma.
The second day featured a discussion on the specific barriers that women in Sri Lanka face when they access justice. Hon. Shiranee Tilakawardane, former Justice of the Supreme Court of Sri Lanka led a discussion on the role and measures available to the judiciary as an institution to enhance access to justice for Sri Lankan women.
Justice Tilakawardane stated that “While theoretically, the Sri Lankan constitution enshrines equality before the law, in reality women continue to feel disadvantaged when they try to access justice” and added “the Sri Lankan judiciary can empower its women only when it understands, acknowledges and addresses the disadvantages they face owing to their gender.” She impressed upon the participant-judges that “ensuring equality is no longer a choice, nor is it merely aspirational, but a pivotal part of judicial ethics.”
The panelists on the second day surveyed the legal, institutional and cultural challenges faced by women at every step of the judicial process. The panel comprised of Prof. Savitri Goonesekere, Emeritus Professor of Law and Former member of the CEDAW Committee, Mrs. Farzana Jameel, P.C, Additional Solicitor General of the Attorney General’s Department and Mrs. Savithri Wijesekara, Executive Director of Women in Need.
Contact
Osama Motiwala, Communications Officer – osama.motiwala@icj.org
Feb 18, 2021 | Advocacy, News, Publications
In a memorandum released today, the ICJ published guidance and recommendations aimed at assisting Lebanon’s criminal justice actors in addressing significant gaps in evidentiary rules, practice and procedures undermining the investigation, prosecution and adjudication of sexual and gender-based violence (SGBV) crimes in the country.
The 42-page memorandum, Sexual and Gender-based Violence Offences in Lebanon: Principles and Recommended Practices on Evidence (available in English and Arabic), aims to advance accountability and justice for SGBV, and is especially designed for investigators, prosecutors, judges and forensic practitioners.
“Criminal justice actors are indispensable to eradicating harmful practices and curbing entrenched impunity for SGBV in Lebanon,” said Said Benarbia, Director of the ICJ’s Middle East and North Africa Programme.
“Rather than buying into false, stereotyped narratives that impugn survivors’ credibility and call into question their sexual history, the criminal justice system must adopt and enforce gender-sensitive, victim-centric evidence-gathering procedures that put the well-being of SGBV survivors at the forefront.”
The memorandum provides criminal justice actors with guidance and recommendations on the identification, gathering, storing, admissibility, exclusion and evaluation of evidence in SGBV cases, as well as on their immediate applicability in practice, pending consolidation and reform of Lebanon’s existing legal framework and procedures for the investigation, prosecution and adjudication of SGBV offences.
“Lebanon’s legal framework fosters and perpetuates a systematic denial of effective legal protection and access to justice for women survivors of SGBV,” said Benarbia. “The justice system must counter harmful gender stereotypes and attitudes rooted in patriarchy, which continue to undermine survivors’ right to effective remedies.”
The memorandum’s release is particularly timely given the escalation of SGBV witnessed since the outbreak of the COVID-19 pandemic.
The memorandum builds on previous research undertaken by the ICJ in this area, including Gender-based violence in Lebanon: Inadequate Framework, Ineffective Remedies and Accountability for Sexual and Gender-based Violence in Lebanon: Guidance and Recommendations for Criminal Justice Actors.
Download
Lebanon-GBV-Memorandum-2021-ENG (Memorandum in English)
Lebanon-GBV-Memorandum-2021-ARA (Memorandum in Arabic)
Lebanon-GBV-Web-Story-2021-ARA (Web story in Arabic)
Lebanon-GBV-Web-Story-2021-ENG (Web story in English)
Contact:
Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Asser Khattab, Research and Communications’ Officer, ICJ Middle East and North Africa Programme, e: asser.khattab(a)icj.org
Dec 16, 2020 | News
Dialogue between Swazi Women Human Rights Defenders and CEDAW Committee Members highlights the obstacles faced by local women in the enjoyment of their human rights.
On 14 December 2020, the ICJ and the Southern Africa Human Rights Defenders Network (SAHRDN) facilitated a fruitful dialogue between Swazi Women Human Rights Defenders (WHRD) and members of the UN Committee on the Elimination of Discrimination against Women (the CEDAW Committee) on the key human rights concerns facing Swazi women and possible advocacy strategies to address them.
The CEDAW Committee monitors State parties’ compliance with and implementation of their human rights obligations under the UN Convention on the Elimination of All Forms of Discrimination against Women (the Convention), by which Eswatini is bound.
In light of the Eswatini government’s failure to submit a report to the CEDAW Committee, as required under the Convention, more than 20 Swazi WHRDs’ organizations had a preparatory meeting on 8 December to discuss and prioritize the human rights concerns they wished to bring to the CEDAW Committee members’ attention.
They hoped that, by coming together and agreeing on these issues, they may raise awareness and put pressure on the Eswatini government to comply with its obligations under the Convention, including by promptly submitting the country’s overdue report.
In the wake of this preparatory meeting, on 14 December Swazi WHRDs briefed the CEDAW Committee members about the most critical human rights violations faced by women in Eswatini. This meeting was broadcasted live on Facebook.
The dialogue focused on the Eswatini authorities’ failure to implement their human rights obligations under the Convention, including the previous Concluding Observations of the CEDAW Committee.
High rates of teenage pregnancy, women’s inadequate access to education, healthcare and adequate housing, and ways in which customary and religious laws are used to justify discrimination against them were among the key human rights concerns affecting women discussed during the dialogue.
Watch the animation on CEDAW
