May 2020

May 2020 - Human Rights Courts and Committees Updates

By: Diana Sposito & Mohammed Nazeeruddin Khan, Junior Research Associates, PILPG-NL

This month, several updates happened throughout the Human Rights Courts and Committees. This article summarizes and highlights the most relevant news, from 16 different Human Rights Mechanisms around the world.

INTERNATIONAL

Human Rights Council | Discussion about Human Rights Implications of the COVID-19 Crisis with its Special Procedures Mandate Holders

The UNHRC conducted an online meeting with its special procedures mandate holders to discuss the impact of COVID-19 on human rights. The special procedures mandate holders who act as the eyes and ears of the Council relayed a number of concerns regarding lockdowns and emergencies to the members of the Council. [ 30 April 2020]

Human Rights Council | Special Rapporteur urges China to drop charges against jailed Tibetan minority human rights defender

The UN Special Rapporteur on Minority Issues, Fernand De Varennes, called upon China to lift charges against a Tibetan human rights defender. A-Nya Sengdra, an anti illegal mining and corruption activist, was arrested by Chinese authorities on 4 September 2018 and given a seven year sentence. [19 May 2020]

Human Rights Committee | The height requirement in Italy discriminates against female firefighters

The Human Rights Committee found that Italy violated the right of a woman to become a permanent firefighter by imposing an unnecessary and unreasonable height requirement.  [15 May 2020]

Committee on Economic, Social and Cultural Rights | “Every worker is essential and must be protected from COVID-19, no matter what” – UN rights experts

The Special Rapporteur on Extreme Poverty and Human Rights and several UN experts called upon states to comply with their obligations towards workers of all classes. The experts highlighted the dire condition of workers across various states amid COVID-19, and underscored the need for the recognition of the Rights to Safe and Healthy Work. [18 May 2020]

Committee on the Elimination of Discrimination Against Women | Raising women’s voices and leadership in COVID-19 policies

The UN Women’s Rights Committee called all states and institutions to ensure women’s participation and equal representation in the creating of responses for COVID-19 and of strategies to recover from the pandemic. The Committee also issued guidelines of what needs to be taken into account to upheld women’s rights in this situation.  [22 Apr. 2020]

Committee on Enforced Disappearances | Virtual Opening of Eighteenth Session

The UN Committee on Enforced Disappearances opened its eighteenth session in an online meeting, hearing from the Chief of the Human Rights Treaties Branch of the Office of the United Nations High Commissioner for Human Rights, the Committee’s Chairperson, as well as the mother of a victim of enforced disappearance. It was addressed directly by a victim of enforced disappearance, who paid tribute to other enforced disappeared victims and commented on the Committee’s work on her case. This is the first complete virtual session held by a UN treaty body. [4 May 2020]

Committee on the Rights of the Child | Canada Urged to Repatriate Orphaned five-year-old Girl Held in Syrian Camp

UN experts urged Canada to secure the release and repatriation of a minor girl living in a Syrian Refugee camp. The girl’s parents, who were Canadian citizens suspected of ISIS affiliation, died in an airstrike in 2019. The experts noted that Canada had a duty towards her citizens, especially children who were the biggest victims of the conflict. [20 May 2020]

Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families | UN Experts urge states to protect migrant rights amid COVID-19

The UN Committee on the Protection of the Rights of All Migrant Workers (CMW),  provided 17 guidelines for states to adopt when dealing with migrant workers amid COVID-19. The experts called upon states to integrate migrant workers into their national prevention and medical strategies.  [26 May 2020]

AFRICA

African Court on Human and People’s Rights |  Judges hold Virtual Meeting amid COVID-19

The judges of the African Court of Human and Peoples Rights held an online meeting to charter a course for the functioning of the Court during the global COVID-19 crisis.  The judges discussed measures to address the safety of the court staff and resolved to hold its 57th Ordinary Session virtually.  The Judges further reflected upon the recognition of the Court’s jurisdiction by Benin and Cote d'Ivoire  pertaining to complaints by individuals and NGOs. [ 4 May 2020]

African Court on Human and People’s Rights | Passing of Justice Augustino Ramdhani 

The African Court of Human and Peoples Rights conveyed its condolences on the passing of former Justice Augustino Ramdhanai. Justice Ramdhanai was a national of Tanzania and was elected to the Court in 2010 for a six year term, before which he had a distinguished career serving as the Chief Justice of Tanzania and Zanzibar. [29 April 2020]

African Commission on Human and People’s Rights | Arrest of genocidaire Felicien Kabuga welcomed

The African Commission welcomed the arrest of  Felicien Kabuga in Paris, France. Felician Kabuga is accused and was wanted for the financing and inciting the Tutsi genocide committed in Rwanda during 1994. The Commission termed the arrest and “an overdue but crucial step in the justice process”. The Commission further underscored the importance of the arrest to achieve the goals set out in the African Union Transitional Justice Policy.  [20 May 2020]

African Commission on Human and People’s Rights | Refugee camp attacked in Burkina Faso

The African Commission’s Special Rapporteur on Refugees, Asylum Seekers, and Internally Displaced People (IDPs) expressed concern about the attack on Malian refugees, taking shelter in the Menato Refugee Camp in Burkina Faso. The attack was allegedly perpetrated by the Burkinabe security forces who are believed to have allegedly beaten refugees and issued them an ultimatum to leave the refugee camp. [15 May 2020]

THE AMERICAS

Inter-American Court of Human Rights | Circle of Interamerican Conference about Challenges of COVID-19 and Human Rights

The IACtHR has announced that the Circle of Interamerican Conference, starting May 22, will debate the current and future challenges and impacts of COVID-19 on human rights and the rule of law. The debate will be centered on six main themes, from the violence of gender to the economic impacts on ESCR rights.  [5 May 2020]

Inter-American Court of Human Rights | Webinar on Freedom of the Press and Access to Information in times of COVID-19

The IACtHR in partnership with Programa de Estado de Derecho para América Latina de la Fundación Konrad Adenauer Stiftung and  Oficina Regional para Información y Comunicación de la UNESCO organized an online webinar to discuss the situation of journalists in Latin America and the Caribbean during the current pandemic. More than 1.000 people from 26 different states participated. [8 May 2020]

Inter-American Court of Human Rights | Infographic on “COVID-19 and the Right to Health”

The IACtHR has prepared together with Max Planck Institute for Comparative Public Law and International Law y el Instituto de Estudios Constitucionales del Estado de Querétaro, has prepared a series of infographics entitled “COVID-19 y el Derecho a la Salud” (COVID-19 and the Right to Health). The infographics aim to explain in a didactic way the main standards of the right to health, which apply to the current situation, taking into account the jurisprudence of the Court. [8 May 2020]

Inter-American Commission of Human Rights | Call for States to guarantee the rights of Afro-descendant Persons and prevent racial discrimination in the context of the COVID-19 pandemic

The IAComHR and its Special Rapporteur on Economic, Social, Cultural and Environmental Rights (OSRESCER) urged states to prevent and combat racial discrimination, and respect the rights of Afro-descendant persons and tribal communities in the context of COVID-19 and treat them according to the principles of dignity, equality, and non-discrimination. [28 Apr. 2020]

EUROPE

European Court of Human Rights | New Judgments Published

The ECtHR published several new judgments on its website. The most noteworthy include, Castellani v France, which pertains to the inadequate planning and excessive use of force by special forces during arrest. The second, Keaney v Ireland, lays down that Irish law does not provide effective remedy for complaints about excessive length of proceedings [30 April 2020]