Monthly News Updates: Human Rights Mechanisms - December 2020
By: Shaya Javadinia, Junior Research Associate, PILPG-NL
The following post summarizes and highlights some of the updates on the work of regional and international human rights mechanisms around the world in the month of December.
EUROPE
European Court of Human Rights | New Judgements and Decision Published
In December, the ECtHR published several judgments and decisions. Gestur Jónsson and Ragnar Halldór Hall v. Iceland concerned two lawyers who were fined, in their absence, by the Icelandic district court for contempt of court. The ECtHR declared the application inadmissible due to its incompatibility with the subject-matter jurisdiction of the Court. [December 22, 2020]
In M.L. v. Norway, Norwegian authorities removed a mother’s parental authority and authorized the adoption of her daughter. The ECtHR found a violation of the applicant’s right to respect for private and family life as enshrined in article 8 of the European Convention on Human Rights (ECHR). [December 22, 2020]
In Usmanov v. Russia, the applicant’s Russian citizenship was revoked and he was expelled to Tajikistan. The Court found a violation of the applicant’s right to respect for private and family life as the Russian authorities failed to sufficiently balance the interests at stake. [December 22, 2020]
Selahattin Demirtaş v. Turkey (number 2) concerned the arrest and pre-trial detention of Mr. Selahattin Demirtaş, who was a co-chair of a left-wing pro-Kurdish political party known as the People’s Democratic Party (HDP). The Court found violations of several Convention rights, such as the right to freedom of expression (article 10 ECHR) and the right to liberty and security (article 5 ECHR). Following the delivery of this judgment on December 22, 2020, the Court’s website was subject to a large-scale cyberattack. [December 22, 2020]
In M.M. v. Switzerland, the Court noted that the interference by the Swiss authorities with the applicant’s right to respect for private and family life was justified, and thus found no violation of article 8 of the ECHR. [December 8, 2020]
European Court of Human Rights | Interim Measures in the Nagorno-Karabakh Conflict
On December 3, Azerbaijan requested that the Court suspend the interim measure proceedings concerning the alleged captives of the conflict, and to lift the interim measures ordered on September 29 in respect of Azerbaijan. On December 15, a Chamber of seven judges examined this request and decided to continue with the interim measure proceedings under Rule 39 of the Rules of Court, thus refusing to lift the interim measures indicated on September 29. The Court based this decision on the circumstances that do not provide a basis for suspending or discontinuing the examination of interim measure requests pertaining to the alleged captives. [December 16, 2020]
European Court of Human Rights | Lithuania’s Request for an Advisory Opinion from the Court
The Supreme Administrative Court of Lithuania sought an advisory opinion from the ECtHR on an impeachment law that is currently being examined by domestic proceedings concerning a former member of the Lithuanian parliament. The Central Electoral Commission refused to register her as a candidate for the elections in 2020, as she had previously been impeached. The Supreme Administrative Court asked the ECtHR for guidance on the applicable criteria in assessing the compatibility of national impeachment legislation with the right to free elections (as per article 3 of Protocol number 1 of the ECHR). [December 11, 2020]
European Court of Human Rights | The Court declares application regarding the handling of the COVID 19 health crisis inadmissible
In Le Mailloux v. France, the applicant complained about measures taken by the French Government aimed at preventing the spread of COVID-19 amongst the French population. The Court declared the case inadmissible, as the applicant was unable to show that he was personally affected by the measures. The Court reiterated that it only accepts applications in which the applicant is able to reasonably and convincingly prove that they were personally affected by the alleged violation. [December 3, 2020]
AFRICA
African Commission on Human and People’s Rights | Abduction of over 300 Students at Kankara in Katsina State, Nigeria
On December 11, over 100 gunmen attacked an all-boys Government Science Secondary School and abducted over 300 students in Kankara, Nigeria. The Boko Haram terrorist group has claimed responsibility for this event. The Commission expressed its solidarity with those affected by the attack and urged the Nigerian government to continue its effort in ensuring the release of the abducted students and to carry out investigations into the attack. [December 16, 2020]
African Commission on Human and People’s Rights | Forced Evictions of Burundian Refugees by the Tanzanian Authorities
The Commission expressed concern about the human rights violations committed by the Tanzanian authorities against Burundian refugees. Various reports of the Special Rapporteur have indicated, among others, intimidation and enforced disappearances of this group. The Commission reminded Tanzania of its obligations under the African Union Refugees Convention and called on the authorities to put an end to the expulsion and refoulement of Burundian refugees. [December 16, 2020]
African Commission on Human and People’s Rights | Letter of Urgent Appeal to the Federal Republic of Nigeria
The Commission, together with several Special Rapporteurs working on the human rights situation in Africa, have jointly submitted a letter of urgent appeal to the president of Nigeria. In this letter, they address the reprisals by the Nigerian authorities and non-state actors against the organizers and supporters of the #EndSARS protests. [December 1, 2020]
African Court on Human and People’s Rights | Democratic Republic of the Congo ratifies the Protocol on the establishment of the African Court on Human and People’s Rights
On December 8, the Democratic Republic of the Congo (DRC) deposited its instrument of ratification of the Protocol to the African Charter on Human and People’s Rights on the establishment of the African Court on Human and People’s Rights. The president of the Court, Hon Justice Sylvain Oré, used this opportunity to encourage other Member States of the African Union to follow the example of the DRC and ratify this protocol. The Court views the ratification of the Protocol as a “step to safeguard human rights”. [December 11, 2020]
THE AMERICAS
Inter-American Commission on Human Rights | Referral of Cases to the Inter-American Court of Human Rights
In December 2020, the Inter-American Commission on Human Rights (the Commission) referred two cases to the Inter-American Court of Human Rights (IACtHR). The Colombian case concerns the violence, intimidation, harassment, and threats against members of the José Alvear Restrepo Collective Lawyers Corporation (CAJAR). [December 28 and 17, 2020]
The Brazilian case deals with the impunity of those responsible for the death of Gabriel Sales Pimenta, who was a defender of the rights of rural workers, and the state responsibility arising thereof. [December 28 and 17, 2020]
Inter-American Commission on Human Rights | Publications
In December 2020, the Commission published several practical guidelines and reports. For instance, the report on the Compendium on Labor and Trade Union Rights, the report on “Due Process in Procedures to Determine Refugee and Stateless Person Status and Grant Complementary Protection”, and the Practical Guide on Access to the Right to Education for Children and Adolescents during the COVID-19 Pandemic. [December 30, 18, and 16, 2020]
Inter-American Commission on Human Rights | The Commission conducts a working visit to Mexico
Upon invitation by Mexico, the Commission will conduct a virtual working visit to Mexico to gather information on human mobility in the country. The working visit also aims to collect information on migrants and people in need of international protection. Mexican authorities, civil society organizations, and international human rights organizations will assist the Commission in its mandate. [December 11, 2020]
Inter-American Commission on Human Rights | The Commission grants precautionary measures in favor of women on death row in the United States of America
On December 11, the Commission granted precautionary measures in favor of Christa Pike, who has been held in solitary confinement on death row for 23 years in Tennessee, in the United States. Based on the information it had received on the condition of Ms. Pike’s confinement, the Commission concluded that there was a serious and urgent risk of irreparable harm to her rights to life and personal integrity. [December 17, 2020]
On December 1, the Commission granted precautionary measures in favor of Lisa Montgomery who has been held on death row in Texas, in the United States. Ms. Montgomery suffers from a mental illness, so it was argued that she should not be executed on these grounds. The applicants also claimed that Ms. Montgomery’s right to due process in avoiding the death penalty had been breached, as she had not been adequately represented. Moreover, the conditions of her confinement were allegedly incompatible with international human rights standards. Considering the seriousness and urgency of the situation, as well as the risk of irreparable harm to Ms. Montgomery’s right to life, the Commission requested that the United States adopt necessary measures to improve the conditions of her confinement and to refrain from carrying out the death penalty until the Commission has reached a decision on the merits of the petition. [December 2, 2020]
Inter-American Court of Human Rights | New Judgements Delivered
In December 2020, the IACtHR delivered several judgments. In Olivares Muñoz et al. v. Venezuela, the Court held that Venezuela is internationally responsible for the deaths and injuries of inmates in jail, as a result of an operation conducted by members of the National Guard. [December 17, 2020]
In Mota Abarullo et al. v. Venezuela, the Court also held that Venezuela is responsible for the violation of the right to life, the right to humane treatment, and the right of the child as a result of a fire in which five young people were killed in state custody. [December 11, 2020]
In Martínez Esquivia v. Colombia, the Court found that Colombia is responsible for the arbitrary dismissal of the applicant from her position as Deputy Prosecutor. [December 14, 2020]
UN MECHANISMS
Human Rights Council (The Working Group on discrimination against women and girls) | Argentina applauded on the decision to legalize abortion
On December 30, the Argentinian Senate adopted a bill in which it legalized abortions up to the 14th week of pregnancy. The UN human rights experts welcomed this decision as a major step towards fulfilling international human rights obligations on eliminating discrimination against women and granting them the autonomy to make decisions about their health. [December 31, 2020]
The Human Rights Committee | The Netherlands violated a child’s right to acquire a nationality
In its first case on the right of a child to acquire a nationality, the Human Rights Committee found the Netherlands to be in violation of a child’s right by registering the child’s nationality as ‘unknown’, thus denying him sufficient protection. Denny, the child in question, was born in 2010 to a 21-year-old Chinese national who was trafficked to the Netherlands from China and forced into prostitution at the age of 15. Due to complications with the mother’s own citizenship, she was unable to provide proof of Denny’s nationality. Moreover, Denny could not be registered as a ‘stateless child’ in the Netherlands, as his mom was unable to prove that Denny was without a nationality. As a result, he was unable to receive the international legal protection that is provided to stateless children. The Committee noted that states have a duty to ensure that stateless children are not left without protection within their jurisdiction and requested that the Netherlands review its decision regarding Denny’s registration as a stateless child, as well as its general procedure on statelessness determination. [December 29, 2020]
The Committee on the Rights of Persons with Disabilities | Inclusion of people with disabilities in the COVID 19 “building back better” process
The Committee has called on states to increase their cooperation with people suffering with disabilities and their representative organizations in their response to the COVID-19 pandemic. The UN experts highlighted the fragile state of support systems currently in place for the protection of people with disabilities and reiterated the need to include all members of society in COVID-19 response plans. [December 3, 2020]