Mar 22, 2013 | News
The ICJ, the World Organisation Against Torture (OMCT) and Geneva for Human Rights are encouraged by steps taken by Taiwan to review compliance with human rights and urge further steps towards the realization of rights on the ground.
Due to the fact that the territory of Taiwan is not recognized by the international community as a sovereign State, Taiwan is not a member of the United Nations.
As such, the UN HUman Rights Committee and Committee on Economic, Social and Cultural Rights have been unable to review Taiwan’s implementation of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, in respect of which Taiwan has enacted incorporating legislation.
Notwithstanding this position, the Government of Taiwan has facilitated a parallel review by independent experts of implementation of these instruments.
This review was conducted on 25-27 February 2013, leading to the adoption by the independent experts of concluding observations and recommendations.
The ICJ, OMCT and Geneva for Human Rights are encouraged by the steps taken.
They urge the Government of Taiwan to undertake prompt and effective steps towards implementation of the recommendations of the independent experts by means that involve a constructive dialogue with civil society, including as this pertains to the abolition of the death penalty.
They also call on the Government to take similar steps for incorporation of human rights standards set out in other universal treaties, including the Convention against Torture.
Taiwan-ICCPR-ICESCR-Conclusions-IndependentExperts-2013 (download concluding observations of the independent experts)
Mar 21, 2013 | News
The ICJ welcomes the adoption by the UN Committee on the Rights of the Child of a General comment on State obligations regarding the impact of the business sector on children’s rights.
The ICJ stresses the Committee is the first UN human rights treaty body to address this issue directly in a General comment.
“The Committee on the Rights of the Child has taken a decisive step in clarifying standards under the Convention on the Rights of the Child and providing much needed guidance for States to better protect the rights of the child against business abuse,” said Carlos Lopez, ICJ’s Senior Legal Adviser on Business and Human Rights.
The UN Committee recognizes that while there is no international legally binding instrument on the business sector’s responsibilities vis-à-vis human rights, “duties and responsibilities to respect the rights of children extend in practice beyond the State and State-controlled services and institutions and apply to private actors and business enterprises. Therefore all businesses must meet their responsibilities regarding children’s rights and States must ensure they do so.”
The UN Committee also acknowledges that voluntary actions of corporate responsibility by business enterprises are not a substitute for State action and regulation of businesses or for businesses to comply with their responsibilities to respect children’s rights.
The General Comment was elaborated through a consultative process over nearly two years with the support of the ICJ, UNICEF and Save the Children International.
It gives interpretation and guidance for States in key areas:
- how they should ensure that the activities and operations of business enterprises do not adversely impact on children’s rights;
- how to create an enabling and supportive environment for business enterprises to respect children’s rights across their local or global operations; and
- how to ensure access to effective remedy for children whose rights have been infringed by a business enterprises.
“The recommendations and guidance provided by the Committee are a key contribution to national and international strategies by States and other actors,” Lopez added. “States now need implement these recommendations.”
BHR-FINAL CRC GC 16-comment-2013 (full text in pdf)
Mar 19, 2013 | Advocacy, Non-legal submissions
The ICJ today welcomed the recent deposit of the tenth instrument of ratification to the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR).
Noting that the entry into force of the Optional Protocol (OP) on 5 May 2013 will mark an historic boost to the international protection of economic, social and cultural rights, the ICJ called on the Human Rights Council and its members to become party to the OP and other individual communications procedures of the treaty bodies.
The ICJ’s statement was made during the General Debate under Item 8 of the Human Rights Council’s agenda (follow-up and implementation of the Vienna Declaration and Programme of Action) during the 22nd regular session of the Council (25 February to 22 March 2013).
HRC22-Item8GD-OPICESCR-NonLegalSubmission-2013 (download full statement in ODF)
Feb 5, 2013 | News
The 10th ratification of the Optional Protocol to the International Covenant to Economic, Social and Cultural Rights (OP-ICESCR) is an historical boost for the international protection of these rights, the ICJ said today.
“With the deposit today at the UN of the 10th instrument of ratification by Uruguay, we are very close to the long awaited entry into force of this new treaty”, said Sandra Ratjen, ICJ Senior Legal Adviser on Economic, Social and Cultural Rights (ESCR).
The OP-ICESCR will enter into force in three months from today and will provide for remedies at the international level to victims of violations of economic, social and cultural rights.
The Protocol establishes mechanisms that enable the UN Committee on Economic, Social and Cultural Rights to examine complaints and initiate inquiries in cases of violations of these rights in the State parties whenever the victims could not obtain justice at the national level.
“We warmly welcome the 10th ratification of the Optional Protocol and we congratulate Uruguay on this decisive step for the protection of economic, social and cultural rights nationally and internationally”, said Wilder Tayler, ICJ’s Secretary General. “This is an important moment for the ICJ. We have a long-standing commitment and work in favour of the recognition of ESCR as legal and justiciable rights, on the same footing as other human rights.”
The ICJ urges States parties to the ICESCR to join the first ten States who became party to the Optional Protocol – Ecuador, Mongolia, Spain, El Salvador, Argentina, Bolivia, Bosnia and Herzegovina, Slovakia, Portugal and Uruguay.
The ICJ stresses that only when a significant number of States will have become party to the Protocol, the mechanisms it offers will be effectively accessible to a great number of victims of violations of ESCR.
Contact:
Sandra Ratjen, ICJ Senior Legal Adviser on Economic, Social and Cultural Rights, t: +41 22 979 38 35 ; e-mail: sandra.ratjen(at)icj.org
NOTE:
The ICJ is a member of the International NGO Coalition for the OP to the ICESCR. Together with the other members of the Coalition, the ICJ is involved in the Campaign in favour of the ratification of the OP-ICESCR.
Nov 27, 2012 | News
The ICJ and ILGA-Europe welcome the historic decision by the UN Human Rights Committee in Irina Fedotova v. Russian Federation, which was released on 19 November.
“We are very pleased with the Committee’s Views in this case and in particular with the recognition that expressing opinions and information about same-sex sexual orientation cannot be limited in the name of public morality,” said Alli Jernow, ICJ Senior Legal Advisor.
In March 2009, Fedotova had displayed posters declaring “Homosexuality is normal” and “I am proud of my homosexuality” near a secondary school building in Ryazan.
The Ryazan Law on Administrative Offences prohibited “public actions aimed at propaganda of homosexuality among minors.” She was arrested, convicted, and ordered to pay a fine of 1,500 roubles.
Fedotova lost her appeal to the district court and the Constitutional Court ruled that the prohibition of information that was “capable of harming health, morals and spiritual development, as well as forming perverted conceptions about equal social value of traditional and non-traditional family relations” could not be considered a violation of the right to freedom of expression.
But the Human Rights Committee held that Russia had violated Fedotova’s rights to freedom of expression and to be free from discrimination.
These rights are guaranteed by articles 19 and 26 of the International Covenant on Civil and Political Rights.
“The decision is especially important because it effectively reverses the position taken by the Committee in the 1982 case of Hertzberg v. Finland, which upheld a ban similar to the one in the Fedotova case,” Jernow added.
The Human Rights Committee ordered the Russian Federation to reimburse the fine paid by Fedotova as well as her legal costs and to ensure that the relevant provisions of domestic law are made compatible with articles 19 and 26 of the Covenant.
Since the Ryazan law was adopted, a number of other regions in Russia have adopted legislation banning “homosexual propaganda.” Activists across the country, including in St. Petersburg, have been arrested and convicted under such laws.
In its decision, the Human Rights Committee emphasized that limitations for the purpose of public morals, which are derived “from many social, philosophical and religious traditions,” could not be based exclusively on a single tradition.
Furthermore, any such limitations “must be understood in light of universality of human rights and the principle of non-discrimination.” The Committee recalled that the “prohibition against discrimination under article 26 comprises also discrimination based on sexual orientation.”
The Committee stated that Russia “has not shown that a restriction on the right to freedom of expression in relation to ‘propaganda of homosexuality’ – as opposed to propaganda of heterosexuality or sexuality generally – among minors is based on reasonable and objective criteria.”
Fedotova’s actions were not aimed at involving minors in any particular sexual activity. Rather, “she was giving expression to her sexual identity and seeking understanding for it.”
“We hope this landmark decision will send a strong signal to Russia to reconsider such discriminatory steps and to abandon any legislative proposals criminalising ‘homosexual propaganda’,” said Evelyne Paradis, Executive Director of ILGA-Europe.
The ICJ had submitted a legal opinion, which the Committee excerpted in detail, arguing that the law was discriminatory and that limitations on rights could not discriminate. Earlier this year, the ICJ and ILGA-Europe published a briefing paper titled “Homosexual Propaganda Bans: Analysis and Recommendations.”
Contact:
Alli Jernow, ICJ Senior Legal Advisor, t + 41 22 979 3823
Juris Lavrikovs, ILGA-Europe, t + 32 2 609 54 16 and + 32 496 708 375
