Sep 16, 2011
In Ladele & McFarlane v. United Kingdom, the applicants argue that the failure of their employers to grant them a religious exemption from serving same-sex couples is a violation of their rights under Article 9 of the European Convention. Ladele, whose case was profiled in Sexual Orientation, Gender Identity and Justice: A Comparative Law Casebook, was a town registrar who claimed a religious objection to performing civil unions for same-sex couples. McFarlane was a relationships counsellor who objected to providing psycho-sexual therapy for same-sex couples on religious grounds. In its Submission, the ICJ argues that comparative law and practice demonstrate no support for exemptions from non-discrimination and equality laws for religiously motivated individuals. In fact, the laws and judicial decisions of States both within and outside the Council of Europe demonstrate the overriding importance attached to the objective of eradicating sexual orientation discrimination.
Aug 15, 2011
In a seminal decision in Alyne da Silva Pimentel v. Brazil, CEDAW held that Brazil had violated the Convention on the Elimination of all forms of Discrimination against Women.
Brazil failed to provide requisite care to a woman who died as a result of obstetric complications. The case is the first maternal death case to be decided by an international human rights body.
The case, which was brought by the Center for Reproductive Rights and Citizens’ Advocacy for Human Rights (ADVOCACI), concerned the death of an afro Brazilian woman from pregnancy related complications following inadequate and poor quality medical treatment.
At the request of the applicants the ICJ submitted an Expert Legal Opinion to the Committee.
The ICJ brief concerned the equal rights of women to the enjoyment of the right to the highest attainable standard of health and to an effective remedy.
Brazil-Legal Opinion ICJ Case of Alyne da Silva Pimentel-legal submission-2011
For a copy of CEDAW views click here
Jul 21, 2011
The ICJ and other human rights groups submitted a brief amicus curiae to the United States Supreme Court.
It supports the plaintiffs’ petition of a writ of certiorari in relation to the 2nd Circuit Appeals Court’s majority decision in late 2010 denying the application of international law to transnational corporations in the context of the U.S. Alien Tort Statute- ATS.
Amicus submit that a general principle of law exists that corporations can be held liable for egregious conduct that falls within the scope of the ATS. The majority’s failure to consult general principles of law warrants immediate review and remand.
United States-Supreme Court transnational corporations-legal submission-2011 (full text, PDF)
Jan 17, 2011
The ICJ and other human rights groups submitted an amicus curiae brief to the US Supreme Court in the leading rendition case of Mohamed and Others v. Jeppesen Dataplan, Inc.
The defendant is a private company accused of providing flight services to facilitate the US rendition program involving the unlawful transfer of detainees to situations of arbitrary and secret detention, torture and enforced disappearance.
The brief supports review by the Supreme Court with the view to reverse the decision of the Court of Appeals dismissing the case for reasons of state secrecy and addresses the obligations under international human rights law on the right to an effective remedy and reparations for torture, enforced disappearances and other human rights violations.
The brief is also joined by Swiss Senator Dick Marty, former Rapporteur of the Parliamentary Assembly of the Council of Europe inquiry on Alleged Secret Detentions and Unlawful Inter-State Transfers of Detainees involving Council of Europe Member States, Professor Manfred Nowak (former UN Special Rapporteur on Torture (2004-2010)), Professor Robert Goldman (former UN Independent Expert on Terrorism and Human Rights) and Professor Stefan Trechsel, (Judge ad litem at the International Criminal Tribunal for the Former Yugoslavia (ICTY)). Professor Goldman and Professor Trechsel served on the ICJ’s Eminent Jurists Panel on Terrorism, Counter Terrorism and Human Rights.
USA-amicuscuriae-advocacy-2011 (full text, PDF)
Oct 13, 2010
The ICJ and other human rights groups present this application in response to the Co-Investigating Judges’ Order of 28 July 2009, which was appealed against on 11 September.
The Applicants are well placed to assist the Pre-Trial Chambers in the proper determination of the issues on appeal. Both their experience in combating impunity for crimes under international law, including torture, and their struggle against torture throughout the world are decades-long, internationally-known and well-publicised.
Cambodia-Amucus Curiae submission-legal submission-2009 (full text in English, PDF)
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