Browsing by Title

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    The 17 October 2019 protests in Lebanon: Perceptions of Lebanese and non-Lebanese residents of Tripoli and surroundings
    (Global Campus of Human Rights, 2020) Dahrouge, Elias ; Nammour, Jihad ; Lotf, Ahmed Samy ; Abualroos, Karim ; Ait Youssef, Iasmin ; Al-Burbar, Eman ; Al-Salafi, Azal ; Alsheikh Ali, Rana ; Arbi, Chiraz ; Benyahya, Khawla ; Bhatti, Sarah ; Cavalluzzo, Francesco ; Comaro, Elena ; Daniaud, Elise ; El-Zein, Jamal ; Fares, Asmaa ; Hosta Cuy, Elena ; Lavigne Delville, Solene ; Maaninou, Nouha ; Olea Corral, Andrea ; Pannunzio, Marta ; Ramdani, Adel ; Salloum, Hazar ; Werf, Charlotte : van der ; Yousef, Nedaa
    Starting from 17 October 2019, Lebanon had witnessed an unprecedented wave of mass protests and mobilisation across its territory. This so-called Thawra came to question the state’s social contract, which is built on a peculiar political system: sectarian con-sociationalism. Characterised by institutionalised clientelism and systemic corruption, coupled with an unprecedented economic crisis, the system recently showed its limits. Tripoli is Lebanon’s second-largest and most deprived city. Yet, it hosted the largest protests across the country, aptly referred to as the ‘bride of the revolution’. To better understand the city’s dynamics in this respect, field research was conducted there in January 2020. Using a combination of quantitative and qualitative methods, the study reflects on Tripoli’s residents’ perceptions about the protests. Beyond focusing exclusively on the city’s Lebanese residents, it gives some important insights into its vulnerable Syrian and Palestinian refugee inhabitants. The study also demonstrates that, surprisingly, Tripoli’s citizens have nuanced perceptions about these protests. It reveals through charts how divergence in some of these perceptions depends on conditions such as employment, sex, age and nationality. Finally, it gives some tangible insights into Tripoli’s level of mobilisation, engagement, and inclusion of women in the wave of protests. Key words: Middle East; Lebanon; mobilisation; protests; refugees
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    20 Years of EMA : the European Master’s Programme in Human Rights and Democratisation
    (Libreria Editrice Cafoscarina srl, 2017) EIUC
    ‘Bearing in mind the principles of the International Law of Human Rights and in the spirit of inter-university cooperation, we declare open the Academic Year of the European Master’s Degree in Human Rights and Democratisation.’ These words, constituting a solemn and challenging commitment, were read out in chorus for the first time at 12 noon on 6 October 1997 in the Palazzo Ducale by rectors and professors from the universities participating in EMA, for the opening of the academic year. Every year since then, this reference to the great universal values that international human rights law has turned into principles of ius positum, has been repeated, as a confirmation of the commitment of European academia for the effectiveness of this ‘new’ law. That day in 1997 was the official start date of the original undertaking that was the European Master’s Programme. The preliminary stage had begun in the latter part of 1996 and had completed in July 1997, in Villa Herriot on Giudecca Island, when the EMA Statute, known as the Venice Charter, was adopted. We wanted to combine the contents of Article 6 of the Amsterdam Treaty, signed that same year, with the incipit of the Universal Declaration of Human Rights that indicates teaching and education as the most effective guarantee of human rights and fundamental freedoms. The immediate idea was to develop a new higher education project in an inter-university structure that would also serve as a more general message of integration and peace. For the first six years, the University of Padua was the legal and organisational ‘womb’ for this inspiring enterprise.
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    The 2013 Irish legislation on abortion: turning-point or missed opportunity? : a critical analysis from a human rights perspective
    ( 2014) Cosentino, Chiara ; Higgins, Noelle
    While Ireland is being targeted by a worldwide Amnesty International campaign on sexual and reproductive rights, a reflection on the Irish legal framework on abortion is deemed necessary. The present work assesses whether the Protection of Life During Pregnancy Act approved by the Irish Parliament in July 2013 represents a step forward or a missed opportunity for the protection of women’s reproductive rights in Ireland. After illustrating the legal, political and social developments on the issue of abortion since the introduction of the Eighth Amendment of the Constitution in 1983, the focus will move to the analysis of the 2013 Act. The assessment will be twofold. On the one hand, at a national level, the alleged shortcomings of its practical impact will be illustrated. On the other hand, at the international level, the legislation will be evaluated in the light of its compliance with the Irish obligations under International Human Rights Law. Finally, it will be concluded that the Protection of Life During Pregnancy Act has to be welcomed, since it fills a thirty-year lasting legislative gap, but it falls short of human rights requirements and does not bring any major practical improvement in the majority of women’s lives.
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    The 2016 reform on Islamic education textbooks in Morocco : the strategy used by the reform to implement a “more tolerant” Islam
    ( 2017) Boustany, Razane ; Gunn, Jeremy
    In 2016, a commission working under the supervision of the Moroccan Ministry of Education completed a revision of the textbooks and curricula for the teaching of Islam in public schools. This change was very controversial among the experts and teachers of Islamic education, which raised a lot of questions concerning the effectiveness and the significance of this reform. In fact, it was made upon the request of the King Mohammad VI, who wanted to promote a “more moderate” Islam. This study, which is based on a careful review of selected textbooks before and after the reform, seeks to underline first, the different issues pointed out in the public debate to better understand the direction taken by the reform. Second, it exposes a comparative study of six textbooks underlining exactly what the changes were to the curriculum, was it on the level of the structure or the content of the textbooks. Finally, it will put into relation the different elements found in the first two parts in order analyze the strategy used by the Ministry of Education, in the reform of 2016, to promote a “more moderate” Islam.
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    A critical approach to neonatal euthanasia : a proposal for a protocol aimed at harmonising the jurisprudence of the European Court of Human Rights
    ( 2022) Contras, Oana ; Benoît-Rohmer, Florence
    As societies developed, medical practices advanced as well. Consequently, moral dilemmas arise putting fundamental rights at stake. This paper deems to explore the practice of neonatal euthanasia and the born polemics due to human rights conflicts, cultural relativism, bio rights as well as fiduciary duties within the European Union. In cases of euthanasia, law and morality clash, this posing a definite challenge on the European Court of Human Rights. When it comes to cases of neonatal euthanasia, conflicting rights arise, and the absoluteness of the right to life and not being subject to torture are being questioned. Ethical questions are being posed, cross-examining issues of when life begins, who is the right holder, the duty bearer as well as what it means to be a human being or a person. Thus, this paper through the analysis of neonatal euthanasia, the absoluteness of the rights and the judgements of the European Court of Human Rights will argue that an Additional Protocol mirroring the Dutch Groningen Protocol, with regards to the practice, shall be proposed to the Oviedo Convention. Hence, the European Court of Human Rights by having available such protocol will have clearer guidelines when similar difficulties are being encountered.
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    A critical review of the relationship between academic freedom and democracy in Ghana’s public universities: From pre-independence to the Fourth Republic
    (Global Campus of Human Rights, 2021) Appiagyei-Atua, Kwadwo
    The present work undertakes a critical assessment of academic freedom at Ghana’s public universities. Attention is placed on how the laws enacted to regulate the functioning of public universities have influenced or are likely to influence respect for academic freedom in public universities in Ghana. The paper seeks to articulate a correlation between the democratic credentials and the level of respect for academic freedom on the country’s university campuses. Three key decisions taken by the present government which threaten academic freedom are discussed. They are: the incidents leading to the closure of the Kwame Nkrumah University of Science and Technology (KNUST) in October 2018; the tensions arising in the Technical University Teachers Association of Ghana (TUTAG); and the unsuccessful attempt by the government to enact the Public Universities Bill 2020. To deal with the threat to academic freedom through managerialism, the paper calls for the democratisation of academic freedom on university campuses. This is premised on the fulfilment of responsibilities attached to the enjoyment of academic freedom by members of the academic community—the university, academics and students—towards each other. The place of the State, as the principal dutybearer in the academic freedom matrix, is considered as pivotal in facilitating this process.
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    A demand for jal, jungle aur jameen : an argument for climate justice of indigenous women in india through recognition of land rights
    ( 2022) Anju Anna John ; Gomez Sanchez, Davinia
    The environmental movement of modern-day India could be traced back to protests led by the indigenous Adivasi women. These protests were to secure the health, food security and livelihoods of their families, on lands that they had traditionally occupied. Ironically, the strongest hurdle they face in saving their lands from deforestation and other development projects is the Forest Department in India. This paper seeks to make an argument for the Adivasi woman’s climate justice as the realisation of rights over their traditional lands. This paper examines the unique situation of the indigenous peoples in central Indian society. It then considers the effects of climate crisis in this region on the Adivasi women, and how dispossession of land caused by extractivism has affected their lives and livelihoods. It proceeds to deliberate whether gaining rights over their traditional lands would be the solution, and how have legislations and cultural practices affected their land rights. Following this, India’s obligations under international law is analysed. Finally, this research studies the implementation of the Forest Rights Act of 2006 that recognised indigenous peoples’ rights over forest lands. Based on the findings of this paper, it can be concluded that despite the impediments faced in the implementation of the 2006 Act, the proper enforcement of the legislation is the best available solution towards ensuring climate justice of the indigenous women in India.
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    A lack of legal frameworks for internally displaced persons impacted by climate change and natural disasters: Analysis of regulatory challenges in Bangladesh, India and the Pacific Islands
    (Global Campus Human Rights, 2022) McNeill, Isaac ; Amin, Asma-Al ; Son, Giwoong ; Karmacharya, Swasti
    : The issue of internal displacement of persons (IDPs) due to climate change (CC) and natural disasters (ND) is an area of global concern. With the increasing impacts of CC and ND (henceforth written as CC-ND), forced displacement and relocation are the only cogent solutions, but at huge physical, economic, and psychological costs, causing imbalances in well-being. However, despite the recognition and efforts directed towards addressing climate change and tackling its impacts, the pathways to safe relocation and, possibly, avoiding displacement are still restricted by barriers for a majority of vulnerable populations who are directly exposed to and affected by the harsh impacts of CC, ND, and displacement. This study uses a comparative case study approach to critically examine the patterns of internal displacement due to the compounding impacts of CC-ND in Bangladesh, India and the Pacific Islands, and also examines the impact on the well-being of IDPs. Furthermore, the study also attempts to critically examine the legal frameworks of each of these case studies to identify their relevance and note any gaps in addressing the issue of CC-ND induced internal displacement. Finally, it attempts to make policy recommendations to better respond to this issue.
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    A seemingly obsolete mechanism activated : temporary protection for forcibly displaced Ukrainians - a paradigm change of the European Union on how to deal with future mass influx situations?
    ( 2022) Fridl, Susanne ; Arenal, Libia
    The European Union faced an extreme mass influx situation, after Russian armed forces launched a large-scale aggression in Ukraine on 24 February 2022. The European Union reacted promptly with the activation of the temporary protection mechanism on 2 March 2022 for Ukrainians fleeing the war in order to ensure a high protection standard. However, this mechanism has so far been never used since its implementation within the Temporary Protection Directive 2001 - despite the fact that the European Union faced several mass influx situations in the past. This research aims to answer the question if the activation of the Directive can be considered as a paradigm shift of the European Union on how to deal with the predicted mass influxes of the future, stemming from European as well as non-European countries - or if the activation of the Directive can be seen as circumstantial and only applicable in the Ukrainian case. The study sheds light on the temporary protection regime, its challenges and advantages and aims to answer the question if temporary protection in the concrete form is a promising approach to deal with future mass influx situations. Furthermore, it elaborates on the previous mass influx situations since the implementation of the Directive, the failed activation requests of the past and on the EU’s approach to deal with these previous mass exodus situations. The study further focuses particularly on the question why the Temporary Protection Directive has been seemingly obsolete for the last 21 years and compares these reasons to the prompt activation in 2022. Taking all these aspects into account, recommendations to overcome the challenges and ensure a high protection standard for all future mass influx situations are developed at the end of the research.
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    A she-cession? Exploring labour policy responses to COVID-19 and their impact on women's right to work in Europe
    (Global Campus Human Rights, 2021) Altafin, Chiara ; Baiker, Manuela ; McCall Magan, Ríon ; Mancarella, Francesca ; Ferreira, Mariana
    Women’s right to work in Europe has been disproportionately affected by the ongoing COVID-19 pandemic. This article explores how and to what extent certain European countries have developed labour policy responses reflecting a feminist human rights preparedness during the pandemic’s first two years. The impacts of the policies on women’s right to work in Italy, Portugal, Ireland and Germany are examined under critical policy analysis (CPA) methodology and from a human rights-based approach. Ultimately, it is argued that these states failed to immediately address the disproportionately gendered impacts in the labour market. Across all case studies, the analysis identifies a shortfall in protection for certain categories of women which has challenged the fulfilment of their right to work and left them in a state of ‘she-cession’. As a result, previous structures and tendencies defining the roles of women in society have been reinforced. In light of such unpreparedness, policy recommendations are elaborated upon from a feminist human rights perspective, in which attention is given to: intersectionality; dynamics of social hierarchies and power structures affecting access to rights; equal participation in policy decision-making; availability of data on the impact of states’ ongoing responses; and engagement with relevant stakeholders to monitor and ensure women’s enjoyment of the right to work.
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    A Step Closer or a Step Further from Corporate Social Responsibility: Building Hydropower Plants in Albania and Bosnia and Herzegovina
    (Global Campus of Human Rights, 2022) Bellaadem, Imane
    The policy paper examines how can corporate social responsibility be applied within the landscape of Western Balkans, having a focus on Albania and Bosnia and Herzegovina (BiH). This paper analyses the environmental aspect of corporate social responsibility in these two respective countries, more specifically, it will evaluate existing regulations and practices in building hydropower plants and small hydropower plants in local communities. It will tackle the effects of developing hydropower plants on the right to life, right to clean and healthy environment, water rights and what role can companies play in respecting these rights. The sustainable development perspective will also be included in the policy analyses. It will particularly address disputed cases of building and developing hydropower plants in Albania and BiH and provide an overview of protective mechanisms in similar cases. The paper will end with policy recommendations towards both the states and companies.
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    Abortion and euthanasia in the light of any relevant rules of international law : interpretation challenges for the European Court of Human Rights
    ( 2009) Villalibre Fernandez, Vanessa ; Kamminga, Menno
    This study will try to shed light on the use of international sources by the European Court of Human Rights and its influence on the interpretation of the rights guaranteed by the European Convention on Human Rights. During the last years, the Court frequently applies any relevant rules of international law applicable in the relations between the parties. In particular, its jurisprudence refers constantly to human rights treaties and European standards to establish the suitability of the Convention. However, this tendency is still limited concerning controversial notions. In this sense, two issues will be examined in order to illustrate the interpretation challenges for the Court in this field: voluntary abortion and euthanasia. From a thorough jurisprudential analysis, supported with doctrinal and legal references, it can be observed in the recent years the increase in the application of international instruments by the Court. This trend may entail a deep change in its interpretation methods as far as any relevant rules of international law are susceptible to be taken into account in order to clarify the rights under discussion.
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    The absence of EU funding for Syrian civil society groups in exile: A missed opportunity or a sensible approach?
    (Global Campus, 2017) Welander, Marta
    As a leading donor of the international refugee response, having mobilised over 9 billion euros since the start of the conflict towards humanitarian and development assistance, the European Union has contributed greatly to a number of large-scale efforts aimed at addressing the crisis in a relatively holistic manner. On 26 April 2016, the European Commission released a communication entitled ‘Lives in Dignity: from Aid-dependence to Self-reliance’, in which it emphasises the importance of aid activities and programmes which engage displaced people themselves. The communication states that “[a] new, coherent and collaborative policy framework needs to be put in place harness[ing] the productive capacities of refugees and IDPs.” Accordingly, any new approach ought to ensure greater cooperation between donors, civil society and displaced people themselves because the effectiveness of development action “depend[s] heavily on the extent of ‘buy-in’ from the host communities and the displaced people themselves.” In this context, an obvious ‘low-hanging fruit’ that lends itself very well to the EU’s objectives of harnessing the capacities of refugees would be the funding allocated to civil society initiatives launched and led by refugees themselves in exile. Logically, by supporting such initiatives, funding endeavours of the European Union would not only be contributing to current aid initiatives but would also help strengthen the emergence of a Syrian civil society which would later on have the potential of continuing its activity in post-war Syria. This paper aims to assess whether the European Union currently has the capacity to enact the aforementioned policy framework by funding the Syrian civil society in exile. The paper focuses in particular on the European Instrument for Democracy and Human Rights (EIDHR) and its potential support to the Syrian civil society emerging in Lebanon. The paper starts by providing an overview of the European Union’s funding towards addressing the ‘refugee crisis’ to-date, highlighting the limitations of these instruments in supporting smaller size local actors. In the second section, the paper assesses the importance of local actors, with a specific focus on Syrian-led civil society initiatives operating in Lebanon. The contribution of Syrian-led groups addressing the ‘refugee crisis’ is then explored, and it is argued that these groups are able to go beyond short-term “provision of food, medicine and blankets”, as they also have the potential of building trust and strengthened relations between people from different parts of society. It is suggested that such efforts therefore have the potential to help re-build the foundations of civil society in anticipation of ceasefire and a political solution to the Syrian civil war. The third section of the paper establishes that EU funding for Syrian-led initiatives is lacking, and identifies a number of key challenges and risks which a funding body may face when looking to support such groups. Importantly, in the fourth section, the paper focuses on the scope for evolving practice, proposing some relevant ‘next steps’ which would allow the EU to support a civil society in exile. It is argued that there is, first and foremost, an urgent need for increased understanding of the phenomenon, combined with the need to address a number of specific considerations to render funding mechanisms accessible to the exiled civil society. The paper concludes by recommending that the EU – as a leading donor in response to the Syrian crisis – starts exploring ways to tap into the potential of the Syrian civil society, in order to seize a unique, two-fold opportunity readily available.
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    Access Guide to Human Rights Information
    (FRAME, 2015-12) Erken, Elif ; Kähler, Lena ; Marslev, Kristoffer ; Meier, Isabella ; Sano, Hans-Otto ; Sax, Helmut ; Sosa, Lorena ; Vivona, Maddalena ; Möstl, Markus ; Starl, Klaus
    The Access Guide to Human Rights Information is based substantially on the information gathered through interviews with EU officials from the Commission, the Parliament and the Fundamental Rights Agency, reflected in the Baseline Study on Human Rights Indicators in the Context of the European Union, and on the other hand on the workshop results with international experts, held in Graz in April 2015. The common findings were that firstly, EU officials require genuine human rights information for their manifold tasks. Secondly, it was found that the methodology by the OHCHR of indicating the human rights commitments, implementation and situation on the ground is appropriate to satisfy the information needs. Thirdly, it was shown that there is a broad spectrum of existing data and information relevant to human rights. However, the information is not easily accessible for two reasons. One the one hand it requires expertise on human rights and skills for assessment. On the other hand, information resources are scattered and often, while relevant to human rights, not genuinely collected and offered as human rights information. The Access Guide to Human Rights Information therefore aims to provide EU officials with easy-to-access information on existing human rights indicators, human rights related data, as well as human rights compliance information provided by international and regional human rights bodies. For this purpose, the guide briefly discusses the pros and cons of these sources, shows exemplarily how to understand existing information and how to relate it to the normative content of the respective human rights provisions. The Access Guide to Human Rights Information provides the available human rights specific information based on the example of the prohibition of torture, the freedom of expression, the rights of the child, as well as on social indicators. Information sources are structured along a typology derived from the purpose they were processed for. Accordingly, a differentiation is made between the application of the OHCHR- model, compliance information provided by human rights bodies, as well as indicator-based human rights- related information. The Access Guide provides step-by-step guidance on the most effective retrieval and utilisation of existing human rights information based on exemplary research requests.
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    Access to essential medicines: a challenge to the right to health?
    ( 2002) Swithern, Sophia ; Ulrich, George
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    Access to Healthcare for Persons with Albinism in Ghana: A Human Rights Approach
    (Global Campus of Human Rights, 2021) Daklo, Andrews Kwame ; Lansink, Annette ; Ngwena, Charles
    The realisation of the right to health is crucial to the survival of everyone, including persons with albinism in Ghana. Access to healthcare facilities, goods and services is fundamental to the enjoyment of this right which is closely connected to the enjoyment of the right to life by persons with albinism. Against the backdrop of international human rights law, this study critically examines Ghana’s domestic legal frameworks and institutional arrangements for respecting, promoting, protecting and fulfilling the rights to health for persons with albinism. It identifies barriers hindering access to healthcare and enjoyment of the right to health, including legal and policy constraints, lack of healthrelated information, reasonable accommodation, and harmful practices. The study proposes legal, policy and institutional reforms and intensive public education to address these barriers. It draws on best practices from other African countries to realise the right to health of persons with albinism.
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    Access to justice and human rights: the recognition of customary justice systems
    ( 2011) Roque, Rita : Almeida Sutil ; Suksi, Markku ; Myntti, Kristian
    There is an increasing development and institutionalization of customary justice systems in the legal order of several countries in the world. These justice mechanisms are recognized for providing an affordable and culturally relevant remedy to the population, in a more simplified and accessible way. Hence they are considered as useful tools to enhance the access to justice. Bearing in mind some of the human rights challenges associated with the use of customary justice systems, it is essential to ascertain if the main human rights that comprise the access to justice can be respected. In the General Comment No.32, concerning the right to equality before courts and tribunals and to a fair trial, the Human Rights Committee acknowledged that the customary courts recognised in the State legal order fall under the human rights provisions of article 14 of the ICCPR. This thesis examines the human rights obligations and the normative orders of States that have recognised customary justice systems and concludes that there are still numerous difficulties in complying with the established human rights provisions. Furthermore, it considers that, in the current circumstances, the human rights obligations of the States should be additionally defined and promoted.
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    Access to Justice for Persons with Disabilities in Kenya: from Principles to Practice
    (Global Campus of Human Rights, 2020) Macharia, Wilson ; Mezmur, Benyam Dawit ; Mutambasere, Susan
    Approximately 15% of the world’s population experience a form of disability, with a significant number of them experiencing a severe disability. According to the 2019 Kenya Population and Housing Census, about 2.2% of all Kenyans have a form of disability; with the most prevalent types of disabilities being mobility-related. These persons with disabilities face disproportionate marginalisation, which results in broad ranging restrictions on their full and effective participation in society. This marginalisation is further exacerbated by social, structural and legal barriers which impede their access to justice, a fundamental right, and a prerequisite for the realisation of other rights guaranteed across local and international human rights instruments. The international community has shifted towards a human rights approach which is aimed at enhancing effective participation of persons with disabilities on an equal basis with others. Kenya has expressed its commitment towards this approach through ratifying international human rights instruments such as the United Nations Convention on the Rights of Persons with Disabilities which forms part of Kenyan law pursuant to article 2(6) of the Constitution of Kenya 2010. Article 13 of the Convention requires access to justice for persons with disabilities to be enhanced at all phases of the administration of justice. This notwithstanding, access to justice for persons with disabilities in Kenya remains an unfulfilled desire. Against this background, this thesis seeks to identify the main challenges and practices that impede access to justice in the Kenyan justice system with a specific focus on persons with disabilities, with the aim of suggesting possible solutions that can aid in solving this paradox. It achieves this through examining- the nature and scope of the right of access to justice for persons with disabilities; the recognition of the right of access to justice for persons with disabilities in the Kenyan and international legal framework; the barriers that hinder the full and effective participation of persons with disabilities in the Kenyan justice system, with a specific focus on the courts; and the steps that Kenya should take to eliminate the identified barriers.
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    Access to justice in Poland and length of proceedings as the main obstacle to access to justice in Poland
    ( 2010) Augustyn, Zofia ; Zwart, Tom
    The right to access to justice is one of the fundamental human rights and can be found in most important human rights treaties. Like with almost every human right, there are a number of problems which create a gap between the reality and an ideal access to justice. As access to justice is a very complex term, also the variety of problems connected with access to justice is very broad. This paper will examine the length of proceedings as the main obstacle to access to justice in Poland. The first part of this paper is introduction of the term access to justice and different aspects of this term. First chapter includes also historical background of the access to justice. Second part, concerns law instruments, which guarantee, the right to be tried within reasonable time, as one of the crucial factors, of the access to justice. The third part includes the criteria of the right to be tried within reasonable time in jurisprudence of the European Court of Human Rights and deals with possible sources of the delays of the proceedings in the Polish courts. The last part concerns possible ways of improvement of the right to be tried within reasonable time in Poland.