Joint Position Paper: Advancing Child Rights in the proposed EU Corporate Sustainability Due Diligence Directive
Save the Children and the International Commission of Jurists have prepared a joint statement on the proposed EU Corporate Sustainability Due Diligence Directive, which has the potential to have a substantial impact on the conduct of businesses incorporated in and/or with operations in the European Union and the ability of these businesses to respect, protect and promote human rights and protect the environment, particularly if it embeds a more robust human rights and rights of the child approach.
ICJ and other groups present a position paper calling for a stronger treaty body system
The ICJ, Amnesty International, the International Rehabilitation Council for Torture Victims and the Jacob Blaustein Institute for the Advancement of Human Rights have presented a position paper ahead of the review of the human rights treaty body system.
Thefour NGOs are committed to ensuring the effectiveness of the United Nations human rights treaty bodies as critical institutions charged with strengthening the protection of human rights around the world.
General Assembly resolution 68/268 on Strengthening and enhancing the effective functioning of the human rights treaty body system mandates a review of the “effectiveness of the measures taken in order to ensure their sustainability, and, if appropriate, to decide on further action to strengthen and enhance the effective functioning of the human rights treaty body system” no later than April 2020.
The goal of the four organizations is for the outcome of the 2020 review to support a treaty body system that strengthens the realization of human rights at the domestic level, including by assisting States to give effect to their treaty obligations and by making the system more accessible to rights-holders to exercise and enjoy their human rights.
The Tunis Declaration reaffirms ICJ’s commitment to defend the rule of law – Video
At the 19th World Congress of the ICJ held in Tunisia on 23-24 March, some 100 distinguished judges, lawyers came together to adopt the Tunis Declaration on Reinforcing the Rule of Law. The Declaration was published today. Watch the Congress video clip.
The Tunis Declaration reaffirms the ICJ’s unyielding commitment to defend and advance the Rule of Law and human rights at a time when commitment to them by States and other powerful actors appears to be wavering.
It stresses that not only are human rights and the Rule of Law indispensable to the betterment of the human condition and a dignified life for all people, but also must be harnessed and developed to address such contemporary challenges as catastrophic climate change and the effects of digital technology.
The Declaration sets out key elements of the Rule of Law and human rights and aspects of their application to the independence of judges and lawyers; access to justice and accountability; security; equality and non-discrimination; and civil society space and fundamental freedoms.
In respect of each of these areas, the ICJ, including its Commissioners, Honorary Members, National Sections and Affiliate Organizations commit themselves to a particular course of action.
ICJ President Robert Goldman said: “Since its founding in 1952, the ICJ has played a preeminent, if not unique, role in seeking to promote and uphold the rule of law around the globe. While notable progress has been made over the years, we sadly are now in a period of clear regression.”
“Today the very concept of the rule of law is itself under attack, particularly by self-styled populist leaders on the Left and Right who have embraced and espouse authoritarian, nationalistic and xenophobic policies.”
“Their policies have led to the demonization of immigrants, asylum seekers and minorities, as well as attacks on human rights defenders and civil society organizations, attacks on the civilian judiciary, attacks on the media, attacks on and arrests of opposition leaders, and the use of counter-terrorism laws against peaceful protesters and the use of military courts to try them.”
“Such practices are exquisitely antithetical to and utterly destructive of the rule of law and the rights based system that the ICJ has sought to promote and protect over the years.”
“While these new challenges to human rights and the international legal framework supporting them are grave indeed, the ICJ is, by experience and deeds, is uniquely qualified to meet them.”
“The Tunis Declaration and plan of action for the ICJ vigorously reaffirms our vision of a rule of law that upholds the dignity and human rights of every person everywhere in the world.”
Download
Universal-ICJ The Tunis Declaration-Advocacy-2019-ENG (the Tunis Declaration, in PDF)
Universal-ICJ Congresses-Publications-Reports-2019-ENG (the ICJ Congresses booklet, in PDF)
Watch the ICJ Congress 2019 video:
Azerbaijan: Lawyer Irada Javadova disbarment decided in unfair proceedings
Today, the ICJ expressed concern at the recent disbarment of Irada Javadova, a high-profile lawyer in Azerbaijan and a former member of the Board of the Azerbaijan Bar Association.
The ICJ called on the Bar Association to reopen the disciplinary proceedings to afford Irada Javadova a chance to fully present her case in fair proceedings.
The ICJ also called on the Bar Association to reform their disciplinary procedures and practice with a view to ensuring fairness.
Disciplinary proceedings should not be used as a means of harassment of lawyers or as reprisals for lawyers’ defence of the human rights of their clients.
On June 11 2018, the Presidium of the Bar Association decided to disbar Irada Javadova, based on the information provided by a person who sought her legal assistance (K.M.). According to K.M.’s submission, Javadova made statements in the media concerning K.M.’s case, without her consent and without having a notarized power of attorney.
After receiving a request from K.M’s mother to inquire about the whereabouts of her daughter, in an open letter, Javadova had raised concerns at the possible arbitrary detention of K.M. This triggered disciplinary action against the lawyer.
The ICJ notes that contrary to the procedure established by the Law on Lawyers and Advocates Activities, Irada Javadova had no opportunity to present her case at the summary disciplinary hearing before the Presidium.
She did not receive a copy of the opinion of the Disciplinary Commission submitted to the Presidium, and evidence that she provided to it not considered or evaluated.
Irada Javadova is the latest of several Azerbaijan lawyers to be disbarred after publically raising concerns about possible human rights violations of their clients. Such disbarments represent an alarming trend and have a chilling effect on lawyers’ work to defend human rights, including by attempting to assist relatives of missing persons.
In its report on the independence of lawyers in Azerbaijan, the ICJ concluded that disciplinary procedures for lawyers “suffer from a lack of objective criteria, predictability and transparency. There are also concerns regarding the lack of clear criteria in law, practice or guidance, for the imposition of the most severe disciplinary penalty, disbarment. These gaps in standards lead to problems in practice, opening the way for … arbitrary victimization of lawyers through disciplinary proceedings.”
The ICJ stresses that, in accordance with the right to a fair hearing and with international standards on the role of lawyers, disciplinary proceedings against lawyers must be fair, must protect against arbitrariness, and must provide guarantees for the independence of lawyers.
Lawyers should be able to present their case and should be able to introduce evidence to be considered and evaluated in good faith.
In accordance with these principles, the ICJ calls on the Azerbaijan Bar Association to ensure that lawyers subject to disciplinary proceedings obtain copies of all relevant documents in the proceedings, in order to be able to prepare their arguments prior to the hearing in the Presidium.
Background information
Irada Javadova is a lawyer based in Baku. She has been a member of the Azerbaijan Bar Association for 13 years. From 2012-2017 she was a member of the Presidium of the Bar Association and is known for her work as a human rights lawyer.
Irada Javadova represented K.M. who was a suspect in a fraud-related case. K.M. concluded a contract with Javadova and was on her way to notarize it. After K.M. had left the lawyer’s office she was apprehended by people in plain clothes and was brought to the Main Organized Crime Department of the Ministry of Interior.
Subsequently, K.M.’s mother contacted Javadova asking her to take up the case and find out about the whereabouts of her daughter.
Acting upon the request of K.M.’s mother, Irada Javadova applied to the responsible State authorities urging them to provide information about her client. Having obtained no response, Javadova published an open letter addressed to the Minister of Internal Affairs. After the open letter had been published, K.M. was released.
However, later K.M. complained about the actions of her lawyer, stating that she did not have a power of attorney to represent her and that the statement made by Irada Javadova in the media was false and slanderous.
Irada Javadova, in turn, denies the allegations and states that she has all the evidence to prove that she acted based on a contract signed with K.M. and in the best interest of her client. On 12 June, Javadova met with representatives of the Presidium of the Bar Association to submit her evidence.
She was informed that there would be an appeal to Baku Administrative Economic Court No. 1 and that she could defend her claims in court.