Mar 6, 2020 | Advocacy, Non-legal submissions
Speaking at the UN Human Rights Council, the ICJ today urged States to decriminalize consensual sexual relations, including between people of the same sex.
The statement, delivered during an interactive dialogue with the UN Special Rapporteur on the Right to Privacy, read as follows:
“The ICJ welcomes the report of the Special Rapporteur on privacy, particularly the recommendation to repeal laws criminalizing consensual sexual activity, cluding between people of the same sex.
The ICJ agrees that criminalization of consensual same-sex relations violates international law and standards, including the rights to privacy, non-discrimination and equal protection.
The ICJ advocates for the abolition of laws that criminalize consensual sexual relations – including between people of the same sex – that still exist in many countries around the world.
In Indonesia, for example, a draft Penal Code currently includes a provision that would criminalize “extramarital” sexual acts between consenting persons, including persons of the same sex. We note that the draft provision may superficially appear to be gender neutral because it would penalize both men and women, but studies have shown that, in practice, criminalization of “adultery” and extramarital sexual relations typically results in disparate, discriminatory impacts against women and girls. Malaysia and other States that are former British colonies in Asia, likewise, have similar provisions in their criminal laws penalizing consensual sexual relations.
Like the Special Rapporteur, the ICJ in urges States to repeal laws that criminalize consensual sexual activity – including between people of the same sex.”
Jul 1, 2019 | Advocacy, Non-legal submissions
The ICJ today highlighted the negative impacts of criminalisation of HIV non-disclosure, exposure and transmission, on human rights, as well as an ongoing initiative to develop a set of relevant principles, at the UN Human Rights Council.
The oral statement, delivered during the General Debate under Agenda Item 3, was titled “Developing principles to address the detrimental impact on health, equality and human rights of criminalization with a focus on select conduct in the areas of sexuality, reproduction, drug use and HIV” and read as follows:
“The ICJ welcomes the High Commissioner’s report (A/HRC/41/27) on human rights in the response to HIV.
Unjust criminalization of HIV non-disclosure, exposure and transmission is a barrier to the realization of human rights – fostering stigma, discrimination, violence and abuse.
Last year, the ICJ – supported by UNAIDS, OHCHR and UNDP – convened a meeting of jurists to address the harmful effects of misuse of criminal law in relation to HIV and other issues.
The meeting endorsed civil society’s call for jurists to elaborate a set of principles to assist legislatures, the courts, administrative and prosecutorial authorities, and advocates address the deleterious impact on health, equality, and human rights of criminalization in a range of areas. In addition to HIV, jurists concluded the principles should address criminalization of sexual and reproductive healthcare services, including abortion; criminalization of consensual sexual conduct, including sex work, sex outside marriage, same-sex relations, and adolescent sexual activity; and criminalization of drug use and of possession of drugs for personal use.
To ensure the jurists’ principles are effective and protect the most at-risk individuals, the process for developing them is as important as the content of the principles themselves. Thus, broad consultation with a wide range of stakeholders, including national and international civil society organizations, UN human rights mandate holders and UN agencies, is ongoing.”
Jul 1, 2019 | Advocacy, Non-legal submissions
The ICJ today joined other NGOs in calling on States to do more to save lives and uphold human rights of migrants, including by recognising the role of civil society and creating an environment for its work.
The statement to the UN Human Rights Council, delivered on behalf of the group of NGOs by the International Catholic Migration Commission, read as follows:
“We are deeply concerned by widespread and growing violations of the human rights of migrants and an environment where those who seek to protect them are increasingly criminalized.
The Global Compact for Migration provides technical guidance and a cooperative framework for the implementation of existing legal commitments. It is mobilizing resources to support States in this.
We are asking you to do more and to do better to save lives and uphold human rights. The Compact can help you do this.
Civil Society is already using the Compact at regional and national level, often in partnership with States, for example:
- Civil society in Central America are developing a pilot programme to identify missing migrants to support States’ implementation of Objectives 8 and 9.
- Migrant Forum in Asia has led consultations with governments and other stakeholders throughout Asia.
- Cross-Regional Center for Refugees and Migrants has developed a baseline assessment on the GCM for the MENA region.
- The International Detention Coalition is working with States to develop a cross regional platform on alternatives to child immigration detention in line with Objective 13(h)
We believe these activities can inspire similar measures, but we need all States to create an environment that enables us to do so and we need all States to take leadership on implementation.
The human rights of migrants deserve the acknowledgement, respect, and urgent action of all of us.”
Delivered by the International Catholic Migration Commission, the statement was co-sponsored by the following ECOSOC accredited NGOs:
- ACT Alliance
- Alianza Americas
- Asylum Access
- Caritas Internationalis
- Congregation of Our Lady of Charity of the Good Shepherd
- Congregations of St. Joseph
- Defence for Children International
- International Catholic Migration Commission
- International Commission of Jurists
- International Council of Voluntary Associations (ICVA)
- International Detention Coalition
- International Movement Against All Forms of Discrimination and Racism (IMADR)
- Migrant Forum in Asia
- Save the Children
- Terre des Hommes International Federation
- Translators without Borders
- Vivat International
- World Organization for Early Childhood Education (OMEP)
The statement was also supported by the following NGOs and networks who do not have ECOSOC accreditation:
- Action Secours Ambulance (ASA)
- Asia Pacific Refugee Rights Network (APRRN)
- Asociación Rumiñahui
- Bloque latinamericano y el Caribe sobre Migración
- Casa Monarca ayuda humanitaria al migrante
- Center for Migrant Advocacy, Philippines (CMA-Phils)
- Centro de Atención y Desarrollo Integral Migrante (CADIM Oxnard)
- Centro de Recursos Centroamericanos Del Norte California (CARECEN)
- Centro de Atención a la Familia Migrante e Indígena (CAFAMI)
- Civil Society Action Committee
- Comision de Accion Social Menonita (CASM)
- Destination Unknown Network
- Estancia del Migrante González y Martínez
- FM4 – Paso Libre
- Fundación para la Justicia y el Estado Democrático de Derecho
- Global Coalition on Migration
- Institution para las Mujeres en la Migración (IMUMI)
- Instituto de Estudios y Divulgación sobre Migración (INEDIM)
- International Presentation Association
- NGO Coalition on Migration
- Organismo Cristiano de Desarrollo Intergral de Honduras (OCDIH)
- Pacific Islands Association of Non-Government Organisation (PIANGO)
- Plateforme des Organisations Nationales et Territoriales (Pont-Sch)
- Red de Mujeres del Bajío
- Red Internacional de Migración y Desarrollo
- Red Jesuita con Migrantes de América Latina y Caribe (RJM-LAC)
- Religious of the Sacred Heart of Mary
- Solidarity Centre
- The Mixed Migration Centre
- Women in Migration Network
Jun 24, 2019 | Events, News
The OHCHR, ICJ and the Geneva Bar Association invite you to a discussion on the criminalization of solidarity in migration in Europe and State’s obligations under international law.
Thursday, 27 June, 13h00,
UN Cinema (Room XIV),
Palais des Nations, Geneva
The event will feature the screening of the movie “The Valley” by Nuno Escudeiro, documenting the situation of human rights defenders and migrants in South of France, with an introductory panel and a discussion session after the movie.
The Valley is a coproduction of Point du Jour (France) and Miramonte Film (Italy), and was awarded the Emerging international filmmaker at the HOT DOCS film festival, Toronto.
Panelists:
- Obiora C. Okafor, UN Independent Expert on human rights and international solidarity
- Nuno Escudeiro, Director of The Valley
- Zia Oloumi, Lawyer at the Paris and Nice Bar, Doctor at Law
- Carolina Hernandez, OHCHR
- Massimo Frigo, ICJ Senior Legal Adviser
If you do not already have a grounds pass to access the Palais des Nations, please send your name and surname at [email protected] before the end of Sunday 23 June.
For more information contact massimo.frigo(a)icj.org
A flyer for the event is avaiable here.
Feb 13, 2019 | Advocacy, Non-legal submissions
The ICJ has opened a call for written submissions on the misuse of criminal law in the areas of sexuality, reproduction, drug use and HIV.
In 2016 the UN Secretary General called for the removal of punitive laws, policies and practices that violate human rights, stating that the misuse of criminal law often negatively impacts on health and human rights, particularly in areas of sexuality, reproduction, sex work, drug use and HIV.
Recognizing a need for greater guidance to achieve such law reform, ICJ is seeking inputs for the development of principles to address the detrimental impact on health, equality and human rights of criminalization with a focus on sexuality, reproduction, drug use and HIV.
This is an important opportunity for civil society, academics, law makers, human rights experts, community groups and persons affected by the relevant criminal laws, to provide input, including on the effect of such criminal laws, when and how criminal law should be used, what reforms are needed and what role criminal law should play in the relevant areas.
A background paper providing further information is annexed to the call for written submissions.
The deadline for submissions is the 31st of March 2019.
These submissions will feed into the development of a set of principles to address the detrimental impact on health, equality and human rights of criminalization with a focus on select conduct in the areas of sexuality, reproduction, drug use and HIV.
Please send your submissions, as well as any questions or clarifications, to [email protected]
CallforSubmission-DecriminalizationProject-ICJ-2019-2-eng (download the call in English)
CallforSubmission-DecriminalizationProject-ICJ-2019-2-fra (download the call in French)
CallforSubmission-DecriminalizationProject-ICJ-2019-2-esp (download the call in Spanish)
CallforSubmission-DecriminalizationProject-ICJ-2019-2-rus (download the call in Russian)
