July 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 Mechanisms. This article summarizes and highlights the most relevant news from 16 different Human Rights Mechanisms around the world.
INTERNATIONAL
Human Rights Council | Resolutions of the HRC
The HRC adopted six resolutions, which extended the mandates of the Special Rapporteur on the Situation of Human Rights in Belarus, and of the Working Group on the issue of Human Rights and Transnational Corporations and Other Business Enterprises. They also dealt with the responsibility to protect populations from genocide, war crimes, ethnic cleansing, and crimes against humanity. The HRC supported the resolutions on the elimination of female genital mutilation, the elimination of discrimination against women, and the enhancement of international cooperation in the field of human rights. [July 17th, 2017]
Committee on the Elimination of Discrimination Against Women | States Need to Take Actions to End the Pandemic of Gender-Based Violence
The UN Women’s Rights Committee urged states to end gender-based violence and the discrimination against women The Committee reported that violence against women increased during the COVID-19 pandemic due to the imposing of lockdowns. The Committee also said that restrictions on the provision of health and reproductive health services, increased domestic and unpaid care responsibilities, and the burden of providing for the basic needs of family life were creating an additional burden on both the physical and mental wellbeing of women everywhere. [July 14th, 2020]
Human Rights Council | Dialogue with the Special Rapporteur on Belarus
The HRC held a dialogue with the Special Rapporteur on the Situation of Human Rights in Belarus, Dr. Anais Marin, who presented her report to the Council. Dr. Marin alleged that Belarus continued to not recognize her mandate and did not cooperate in its implementation. She further alleged that there was no improvement in the situation of human rights in the state. Belarus denied her allegations and said the mandate was incorporated without the consent of the state. [July 10th, 2020]
Committee on the Elimination of Discrimination Against Women | The Role of Women and Girls in Global Anti-Racism Protests
The UN Women’s Rights Committee issued a statement supporting black women and girls, calling for a new era of human rights and gender justice, and stressing that the lives of black women and girls also matter. Moreover, the Committee claimed to stand in solidarity with the millions of women and girls who joined the protests after the killing of George Floyd, insisting that their voices calling for an end of racism be heard. [July 10th, 2020]
AFRICA
African Commission on Human and People’s Rights | State’s Socio-Political Situation in Mali
The Country Rapporteur of the Republic of Mali to the African Commission on Human and Peoples' Rights expressed grave concern over the dire socio-political situation prevailing in Mali and, particularly, the violence and degradation following the meeting of 10 July, 2020 organized by the Mouvement du 5 Juin-Rassemblement des Forces Politiques (M5-RFP). The Commissioner called on all parties to exercise restraint while urging the Security Forces to respect human life, physical integrity, freedom of assembly and demonstration, and the right to property as protected by the ACHPR.[July 14th, 2020]
African Commission on Human and People’s Rights | Unrest in Ethiopia
The Commission expressed concern over the inter ethnic violence ensuing in Ethiopia that allegedly saw the loss of 239 lives. The Commission reiterated that states must keep in mind that all persons have the right to life and the right to be free from torture and inhuman treatment. In this regard, the Commission urged for the cessation of violence and called on the government of Ethiopia to take adequate measures to protect human rights. [July 10th, 2020]
African Commission on Human and People’s Rights | Publications of the Guidelines on the Right to Water.
The Commission celebrated the publication of the Guidelines on the Right to Water adopted by it in 2019. The Working Group on Economic Social and Cultural Rights developed the guidelines which provide a soft law instrument to close the gap in the African human rights law on the right to water. The Commission urged states to endorse and implement the guidelines. [July 1st, 2020]
THE AMERICAS
Inter-American Commission of Human Rights | Concern About Restrictions of the Rights of Migrants and Refugees in the United States During COVID-19 Pandemic
The IAComHR urged the United States to adopt measures to ensure the protection of migrants during the pandemic. The Commission also called on the US to preserve effective access to procedures and proceedings to request protection in keeping with the standards applicable to the human rights of all migrant persons. This is due to the observation made by the Commission that, especially in the context of COVID-19, migrants, and other persons in the context of international mobility (refugees, asylum seekers, stateless persons, and others), in the state are allegedly facing serious restrictions on their rights and safeguards. [July 25th, 2020]
Inter-American Court of Human Rights | Nicaragua is Responsible to State Agents Violations
In the case Roche Azaña y otros Vs. Nicaragua, the IACtHR found that the state of Nicaragua is responsible for the death of Pedro Bacilio Roche Azaña and the wounds to his brother, Patricio Fernando Roche Azaña, that state agents caused. The Court also held Nicargaua responsible for the violation of the victims’ legal guarantees and right to legal protection. [July 24th, 2020]
Inter-American Court of Human Rights | Virtual Center for Information on COVID-19 and Human Rights
The IACtHR created a new virtual center on its website to provide information on COVID-19 and human rights. The center was created in accordance with the Declaration 1/2020 on “COVID-19 and Human Rights: Tackling Problems and Challenges with a Human Rights Approach and Respecting International Obligations”. The portal contains information concerning the actions of IACtHR and other international organs during the pandemic. [July 20th, 2020]
EUROPE
European Court of Human Rights | New Judgment Published
The state of The Netherlands lodged an application with the ECtHR against the Russian Federation related to the downing of flight MH17 over the territory of Eastern Ukraine, in July 2014. The government of the Netherlands alleged that the Russian government was responsible for the deaths, in breach of Articles 2 (right to life), 3 (prohibition of torture and inhuman or degrading treatment), and 13 (right to an effective remedy) of the European Convention on Human Rights. The state of Russia has repeatedly denied its involvement in the crash of MH17. [July 15th, 2020]
European Court of Human Rights | New Judgment Published
The Grand Chamber of the ECtHR decided on the Mugemangango v. Belgium case pertaining to the 2014 election dispute in Belgium. The judgement is centered around the rights to free elections and the right to an effective remedy. The Court decided in favour of the petitioner stating that the Walloon Parliament, which was the only domestic body to act upon the petitioners complaint, could not prove its impartiality and could not provide procedural safeguards to him. [July 10th, 2020]