IHR LEGAL Newsletter
Selected developments in the field of international human rights
Highlights of our latest newsletter…
IHR LEGAL Newsletter April – June 2023
- On June 7, 2023, IHR Legal assisted J.P. and her daughter A.P., a child with hearing loss arbitrarily institutionalized since 2017 in Colombia, in filing a communication and request for provisional measures before the HRC. Due to a decision that declared A.P. adoptable and the fact that the child was never heard throughout the proceedings, the HRC granted the provisional measures, ordering the suspension of the decision, as well as urging the Colombian authorities to guarantee her right to be heard, considering her specific needs.
- On April 21, 2023, the ACHPR issued a statement condemning the bombings in Sudan, caused by the conflict between the Sudanese Armed Forces and the Rapid Support Forces (RSF). The conflict began from the coup that took place in 2021, from which Sudan began to be governed by two military men, who disagree, among others, on the ways in which the country should be governed. Thus, on April 15, days of tension began, with bombings and shootings, which resulted in the death of more than 400 civilians. The ACHPR condemned the violence and pointed out the violation of numerous human rights.
- On May 23, 2023, the ECtHR decided that Bulgaria is internationally responsible for the violation of the prohibition of inhuman and degrading treatment, as well as the prohibition of discrimination, due to the inadequate protection of a 15-year-old victim of domestic violence. A.E., the applicant, was in a relationship with D.M. In 2019, the victim was assaulted by D.M., for which she went to the hospital and the social service, which put her in contact with the Prosecutor’s Office. Despite the facts, the Prosecutor’s Office decided not to open criminal proceedings. The ECtHR found, inter alia, that the physical violence suffered together with intimidation constituted degrading treatment and that Bulgaria failed to consider A.E.’s position of disadvantage as a victim of domestic violence.
- On May 23, 2023, the IACHR published a report on “Human rights of the elderly and national protection systems in the Americas”. The report is the result of the IACHR’s concern for older persons, a group of people who have historically been subject to discrimination. The report covers a range of issues, including the rights recognized in the American Convention on Human Rights, as well as numerous recommendations to States.
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IHR LEGAL Newsletter January – March 2023
– On March 27, 2023, the OHCHR launched a new country report concerning freedom of expression in Yemen. In the report, the OHCHR recalled that the right to seek, receive and impart information and ideas of all kinds is guaranteed to all individuals, without distinction of any kind. In addition, the OHCHR affirmed that freedom of expression also includes a free, uncensored, and unhindered press and media, which are essential in society to ensure freedom of opinion and expression. Regarding Yemen specifically, the OHCHR pointed out that the ongoing conflict in the country has entered its ninth year due to conflict-driven propaganda and disinformation which led to ideological and socio-political conflicts throughout the country. In this sense, the parties to the conflict have characterized critical voices in society as foreign actors who want to threaten national security, which has directly delegitimized the work of journalists and even caused self-censorship. The consequences of this scenario were manifold: many of the journalists who wanted to maintain the integrity of their work left the country, women journalists suffered severe bullying on the internet, and threats, arbitrary arrests, enforced disappearances, and killings continued to be a constant reality in the country.
IHR LEGAL Newsletter October-December 2022
On July 7, 2022, the ECtHR ruled that Italian authorities did not respond with the requisite promptness and diligence in dealing with domestic violence in the case of “M.S. v. Italy”. The applicant, M.S., an Italian national, was assaulted, harassed, and threatened for years by her then-husband, D.P., for which reason she filed several complaints against him. However, the State authorities began to take measures late, for which reason the ECtHR held the State responsible for the period in which it did not take effective measures.
IHR LEGAL Newsletter July-September 2022
On July 7, 2022, the ECtHR ruled that Italian authorities did not respond with the requisite promptness and diligence in dealing with domestic violence in the case of “M.S. v. Italy”. The applicant, M.S., an Italian national, was assaulted, harassed, and threatened for years by her then-husband, D.P., for which reason she filed several complaints against him. However, the State authorities began to take measures late, for which reason the ECtHR held the State responsible for the period in which it did not take effective measures.
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