Nov 10, 2011
During its 47th session, the UN Committee on Economic, Social and Cultural Rights will undertake an examination of the third periodic report of Israel.
The ICJ has submitted a parallel report to the Committee, which focuses on the legal framework and applicability to the oPt of the International Covenant on Economic, Social and Cultural Rights; violations of international human rights law; and violations of international humanitarian law.
submission committee ESCR-legal submission-2011 (full text in English, PDF)
Oct 15, 2011
In its groundbreaking decision in L.C. v. Peru in 2011, CEDAW held that Peru had violated the Convention on the Elimination of all forms of Discrimination against Women (CEDAW Convention).
The case, which was brought by the Center for Reproductive Rights and PROMSEX, concerned a young girl who became pregnant following sexual abuse and who suffered serious physical harm and paraplegia after a subsequent suicide attempt.
In order to protect her health and enable her to obtain necessary surgery and other medical treatment, a therapeutic abortion was indicated.
However, hospital officials refused to sanction the procedure despite the fact that abortion is permitted in Peru when necessary to protect the health and life of the mother.
No timely and effective procedure was in place to enable the girl or her family to challenge this decision before an independent authority.
At the request of the applicants the ICJ submitted an Expert Legal Opinion to the Committee.
The ICJ brief addressed the nature of the obligation to take steps to guarantee the enjoyment of rights in practice and highlighted the emerging consensus among international authorities that States must put in place effective processes by which women and girls can vindicate their right to an abortion in cases where their health or lives are at stake or where abortion is otherwise legal in State.
In its views the Committee found that violations of the CEDAW Convention had occurred and among other things considered that Peru must establish effective mechanisms to enable women to have access in practice to those abortion services in cases where their health or lives are at stake or where abortion is otherwise legal in State.
Steps by Peru to consider the decision and take effective measures to address the violations identified are now vital. Until such measures are taken, including through making reparation to the individual victim and taking steps to guarantee non-repetition, the violations identified will likely continue.
Peru-Legal Opinion ICJ LC v. Peru-legal submission-2011 (full text in PDF)
For a copy of CEDAW views click here
Oct 14, 2011
In this submission, the ICJ highlights the failure of the Moroccan authorities to comply with the Committee’s previous recommendations.
During its 47th session on 31 October to 25 November 2011, the UN Committee against Torture will undertake an examination of the fourth periodic report of the Kingdom of Morocco. In preparation for this examination, and in response to Morocco’s combined report, the Committee issued a list of issues to be considered during the forthcoming examination. The ICJ has submitted a parallel report to the Committee against Torture, which includes replies to aspects of some questions in the Committee’s list of issues, and sets out concrete recommendations for Morocco’s implementation of obligations under the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. The ICJ’s submission focusses in this respect on three thematic areas: (i) torture under the Moroccan legal framework; (ii) torture and ill-treatment in the context of the United States-proclaimed “war on terror” and United States-led “secret renditions” program; and (iii) torture and ill-treatment in the context of combating “terrorism” in Morocco.
Oct 14, 2011
In this submission, the ICJ highlights several issues which it considers should be of particular concern to the Committee in its consideration of the periodic reports of Greece.
During its 47th session on 31 October to 25 November 2011, the UN Committee against Torture will undertake an examination of the combined fifth and sixth periodic reports of Greece. The ICJ has submitted a parallel report to the Committee against Torture, which focusses on the failure of the Greek asylum system, in practice, to comply with the obligations of non-refoulement (as this applies to article 3 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment); and at the prevalence of conditions of detention for migrants, as well as living conditions for migrants, that amount to cruel, inhuman or degrading treatment in violation of obligations to prevent such treatment under articles 2, 11 and 16 of the Convention.
Sep 22, 2011
The ICJ published today its observations on the 1 June 2011 recast of the European Union “Directive laying down standards for the reception of asylum seekers”.
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