Nov 25, 2016 | Multimedia items, News, Video clips
The ICJ has launched a new women’s rights defenders profile series, beginning with ICJ Commissioner and Justice of the Supreme Court of Serbia, Radmila Dragicevic-Dicic.
The monthly profile series, introducing the work of ICJ Commissioners and Honorary Members on women’s rights, has been launched to coincide with the International Day to Eliminate Violence against Women and the first day of the 16 Days of Activism Against Gender-Based Violence Campaign.
The Judges Association of Serbia was established by Radmila and others in 1997, during the regime of Slobodan Milosevic. The Association was formed under the slogan ‘I do not agree’ in opposition to the misuse of the judiciary. Many women were involved in this fight against corruption and in protection of the independence of the judiciary.
In the year 2000, shortly before the fall of Milosevic, Radmila was one of fifteen judges that were dismissed because of their opposition to the repressive regime; although she was quickly reinstated following the elections that took place later that year.
During the civil war period in the 1990s, violence against women grew significantly and domestic violence was rampant in Serbia. Radmila, and other women in the judiciary, worked on issues of organized crime and human trafficking and they were brave to do so as the State couldn’t guarantee their security.
Radmila spoke of women’s continued obstacles in accessing justice and the important of protecting victims of violence. She commented that some States still lack the facilities, resources, personnel and awareness to provide adequate protection for victims.
Human trafficking continues to be one of the biggest problems that affects women, not only in Europe but globally. Justice Dragicevic-Dicic said it was beneficial for those working on women’s rights to share their experiences and learn from one another. Although the motivations and circumstances of women trafficked in different parts of the world may vary, all these women are subject to the same kinds of violence.
In the Serbian constitution, human trafficking is categorized as a crime against humanity and is taken very seriously, although this was not always the case.
Radmila spoke of one case she presided over that helped her to understand what it meant to be a victim. The case concerned two Ukrainian students who had dreamt of going to work in Germany to earn some money for their families but were trafficked into prostitution. She said that this case helped her to understand that anyone can be a victim.
It is everyone’s right to have dreams and to be naïve but no-one has the right to violate your rights. Radmila works to raise awareness amongst other judges that their role is not to judge the victims but those that have exploited them.
There remains a number of issues for victims of trafficking that Justice Dragicevic-Dicic highlighted, including ensuring the non-punishment, safety and protection of victims as well as addressing their access to compensation. Even where the offender isn’t known, victims are still entitled to the full rights of a victim within criminal proceedings.
The judiciary and independent organizations, like the Association of Serbian Judges and the International Commission of Jurists, have an important role in protecting the rights of women. Radmila explained that this can be done through promoting international standards, ensuring that victims are made visible and ensuring that States understand their responsibilities and obligations.
Judicial education on gender-based violence is important, not just in countries undergoing transitional periods, but for all countries where regional and/or international standards have been developed.
Radmila advised anyone interested in defending women’s rights that this work can be done from any position or microsystem that an individual or group is operating in, providing they take the time to educate themselves and build awareness. What is important is that as many people as possible come together to promote and protect women’s rights. Progress can be made, even if this is little by little.
“Sometimes you think you are doing little and you feel hopeless”, said Radmila, “but then I always say if you put a little seed somewhere then it will grow, after you leave, in one year, two years it’s always worth it.”
Watch the video interview:
The series of profiles introducing the work of ICJ Commissioners and Honorary Members on women’s rights was launched on 25 November 2016 to coincide with the International Day to Eliminate Violence against Women and the first day of the 16 Days of Activism Against Gender-Based Violence Campaign.
Jun 9, 2016 | News
The ICJ welcomes the landmark decision issued today by the UN Human Rights Committee in the case of Amanda Mellet v. Ireland under the Optional Protocol to the International Covenant on Civil and Political Rights.
The Committee found that, by forcing Amanda Mellet to choose either to carry her foetus to term, despite its fatal fœtal abnormality, or to travel abroad to seek an abortion, Ireland had subjected her to cruel, inhuman or degrading treatment and discrimination, in violation of its obligations under the Covenant.
The ICJ considers that in light of the Committee’s decision Ireland must provide reparation to Amanda Mellet and reform its laws to prevent future violations.
Otherwise, Ireland will be in breach of its legal obligation to provide Amanda Mellet with an effective remedy – including in the terms set out in the Committee’s decision – for the human rights violations she suffered.
Related readings:
Full text of Human Rights Committee’s decision (download in PDF)
Mar 8, 2016 | Advocacy, Non-legal submissions
The ICJ spoke today at the UN Human Rights Council, addressing the human rights impacts of tax evasion and avoidance, and on women’s access to food and the right to food.
The statement was made in an interactive dialogue with the Independent Expert on the effects of foreign debt, and the Special Rapporteur on the right to food.
The statement addressed the following points, among others:
Welcoming the report of the Independent Expert, the ICJ highlighted that tax evasion and tax avoidance are forms of business’ misbehaviour that are facilitated by inadequate legislation and lack of international frameworks and cooperation in tax matters, and as such need to be tackled by the international community. This is all the more important now that the private sector has been assigned a greater role in the achievement of the 2030 development goals. In this regard, the recommendations by these Special Procedures should receive careful consideration.
The ICJ also welcomed the report on Women’s access to food by the Special Rapporteur on the Right to Food. The report highlights the legal barriers in domestic law that prevent women from fully realizing their right to food, including property rights, land rights and intellectual property rights. The report also highlights the negative impact of certain economic and market models as well as agribusiness corporations in enhancing women’s difficulties in accessing food and achieving food security.
The full statement may be downloaded in PDF format here: HRC31-OralStatement-IEforeigndebt-2016
Sep 1, 2015 | News
Nepal’s Constituent Assembly must ensure that the new Constitution Bill contains strong and effective protections for all human rights in accordance with Nepal’s international legal obligations, said the ICJ today.
The Constituent Assembly endorsed a Constitutional Bill last week.
As per the CA Rules of Procedure, CA members have until 5 September to submit proposals for amendments.
“This draft includes some improvements from earlier versions, but it needs serious revisions to meet international standards regarding human rights protections,” said Nikhil Narayan, ICJ Senior Legal Adviser for South Asia.
“As an immediate matter, the Constituent Assembly must extend the 5 September deadline, and provide adequate time for public consultation and discussion of this essential legal text,” he added.
The ICJ released a detailed briefing paper in July 2015 analyzing provisions of the Draft Constitution on citizenship, fundamental rights and judicial independence, in light of Nepal’s international human rights obligations.
The ICJ also highlighted the non-inclusive and non-representative nature of the constitution-making process.
Many of those concerns still remain and must be addressed urgently, including:
- Non-citizens are excluded from key rights and protections. For example, Articles 18 (right to equality), 25 (right to property), 27 (right to information), 31 (right to education), 33 (right to employment), 35 (right to health), 36 (right to food), 37 (right to housing), and 43 (right to social security) are all restricted to citizens. These protections must be extended to all persons under Nepal’s jurisdiction, not only citizens, in accordance with Nepal’s international obligations;
- The right to gender equality under women’s rights (particularly in article 38) is not adequately protected. For example, the Constitution should include explicit guarantees for equal pay for work of equal value, and prohibit multiple, intersecting grounds of discrimination on basis of gender and sexual orientation, caste, religion, etc;
- Key economic, social and cultural rights – including in articles 33 and 34 (employment and labour), 35 (health), 37 (housing), and 43 (social security) – are not adequately protected;
- Restrictions and limitations on the rights to freedom of expression, association, assembly, movement, information and press freedom, are broad and vague and do not conform with international human rights standards (including articles 17 and 19 and 27);
- Provisions on remedy for human rights violations (articles 46 and 47) are inadequate;
- Provisions regarding the impeachment of judges (articles 101, 130 and 131) and composition of the Judicial Council (as in article 153, responsible for the appointment, disciplining and dismissal of judges) fail to safeguard judicial independence;
- Provisions on emergencies and consequent restriction of rights are overbroad (as in article 268(10)).
The ICJ noted some improvements in the current draft, such as:
- Making any person whose father or mother is a Nepali citizen eligible for citizenship through descent. Previous drafts required both parents to be Nepali citizens;
- Guaranteeing a broader range of women’s rights, including the right to reproductive health;
- Revising the understanding of victim’s rights to ensure that victims of crime are entitled to “justice including compensation and restitution”;
- Adding more rights to the list of those designated as non-derogable rights during emergencies – including the right to social justice (as contained in article 42 of the Constitution Bill, which amongst other things, guarantees the rights of marginalized groups to participate “in the state structure and public service on the basis of principle of proportional inclusion”), and the rights of dalits (as contained in article 40 of the Constitution Bill, which contains guarantees of equality and non-discrimination).
“While these amendments are welcome, more revisions are necessary,” said Narayan. “The CA must ensure that the constitution-making process is participatory and inclusive. It should provide enough time and opportunities to make necessary amendments and produce a Constitution that fully ensures human rights protections and judicial independence.”
Nepal’s major political parties have stated publicly that they hope to have the Constitution finalized and enacted in mid-September.
However, many political parities and communities have been protesting against the Constitution since the introduction of the new Bill.
On 9 August, three protestors were killed when police fired at protestors violating curfew in Birendranagar, Surkhet.
One protestor was killed and five others were injured when police opened fire during a strike on 18 August.
On 24 August, eight police officers were killed during protests in Kailali district, and over 40 members of the security forces were badly injured.
“The deadly violence that has accompanied escalating protests across Nepal against this Draft is a warning about the high stakes for the drafters of the Constitution,” said Narayan. “The new Constitution should be the platform for bringing the country together after years of conflict, not serve as a new cause for discontent and insecurity.”
The ICJ called on the government of Nepal to conduct prompt, impartial and thorough investigations into all protest-related deaths and injuries.
Where unlawful conduct is established, including by members of the security forces, those responsible must be brought to justice.
Contact:
Nikhil Narayan, Nepal Head of Office and ICJ Senior Legal Adviser, t: +977 9813187821, e: nikhil.narayan(a)icj.org
Jul 31, 2015 | News
The ICJ held a colloquium on this issue on 30-31 July. Judges, magistrates, lawyers, members of academia, and civil society leaders from SADC, ECOWAS and the East African Community attended the event.
The Acting Chief Justice of the Kingdom of Swaziland, MCB Maphalala and the Secretary General of ICJ, Wilder Tayler, officially opened the colloquium.
The participants discussed the concept of gender-based violence; the efforts to combat impunity in sexual offences and gender based violence at the national, regional and international level and made recommendations to eliminate the scourge.
One of the key objectives of the workshop was to contribute to the process of enacting sexual offences and domestic violence legislation in Swaziland.
The Sexual Offences and Domestic Violence Bill of Swaziland is before the house of assembly, which has asked stakeholders to submit their views, on what should be included in the law.
The judges, lawyers and civil society leaders had robust and honest discussions touching on effective innovative strategies to combat sexual and gender based violence.
Some of the recommendations included the training of judicial officers to be gender sensitive, changing societal attitudes and prejudices, raising awareness amongst parliamentarians, creative interpretation and application of regional and international standards when adjudicating cases of sexual offences and gender based violence as well as observance of fair trial standards at the national, regional and international level.
The colloquium was made possible with funding from IrishAid.
