Human Rights Law Centre Newsletter

Autumn 2017

In this issue: LGBT+ rights in the Tales from the Short courses and 21st century FRA-sphere professional development Bailouts and Disability and LGBT+ rights in the 21st bank levies: human rights Former HRLC Coordinator Bailey Dr Dowell-Jones Grey, now Advocacy and Policy addresses Manager at Sense International, century: Free and equal? recently returned to Nottingham the financial for a guest seminar on disability and human rights. She outlined ECtHR Judge In March 2017, the Human Professor O’Flaherty discussed LGBT+ After the morning plenary, conference crisis the main principles and protections rights from the EU’s perspective, the participants chose between two panels Earlier this year, Dr Mary Dowell- of the UN Convention on the Rights Spano visits Rights Law Centre held remaining problems and what States of research student from various Jones gave a talk on Bailouts and of Persons with disabilities. In need to do to accelerate and advance universities, chaired by members of Nottingham its 18th Annual Student Bank Levies: Clawing back the addition, she provided an overview their LGBT+ rights protection. He the Student Conference Committee: Costs of the Crisis. She addressed of the work of her organisation Earlier this year, Judge Robert Human Rights Conference concluded his talk by stating: “It is and the specific challenges faced  Regional perspectives on LGBT+ problems and challenges in Spano, Judge of the European Court a terrible time to be working on human by advocates of disability rights. on LGBT+ Rights in the 21st rights: Finding common ground addressing the financial crisis, of Human Rights, from Iceland, rights. While we all need to be alert and such as corporate accountability delivered a lecture on Terrorism and Century: Free and Equal? awake to the risk of all achievements  Moving forward: Remaining barriers and transparency that have a the European Convention on Human Recent years have seen increasing falling apart, there is also a sense of to equality bearing upon human rights. Rights. He discussed how the Court support for LGBT+ rights, both hope – we should absorb the words In the afternoon, two workshops is balancing issues of terrorism and domestically and internationally. that embody the idea of human rights, Dr Dowell-Jones is a Fellow of the Access to were held: fundamental rights guarantees, with However, the status of LGBT+ rights namely that all people are born equal.” Human Rights Law Centre and an particular reference to its judgement remains controversial. They have often  What works? Effective awareness Honorary Assistant Professor in the justice for Mr Narrain focused on the mandate of in Ibrahim and Others v United been undermined and overlooked. raising strategies of LGBT+ issues School of Law. She has extensive the newly established UN Independent Kingdom and the implications Many states are yet to incorporate – led by Andrew Coe, Katrin research experience in the areas of Expert on Sexual Orientation and vulnerable of Article 6 in regard to terrorism. LGBT+ rights into their laws and Dallimore and Kelly Waldorf systemic risk, financial stability and Gender Identity. He outlined the give effect to them in practice. The of Out in Education crises, and socioeconomic rights, He argued that, while Article 6 process and discussion surrounding people conference examined the successes and her current work focuses on allows leeway to governments for the passage of the resolution creating  LGBT+ rights: International and of LGBT+ rights, while recognising applying human rights principles putting restrictions in place, it does the mandate. While the appointment of regional advocacy strategies – in Russia barriers and discussing future reforms. to the global financial system. not and should not allow for the the Independent Expert will hopefully led by Paul Dillane, Executive HRLC is delighted to partner up normalisation of those measures: We were pleased to be joined by advance solutions and improve the Director of Kaleidoscope Trust with Citizens' Watch International “the longer these terrorist measures the following keynote speakers: treatment of LGBT+ people in many in a project on improving access persist, the easier it will be for countries, the main responsibility for All keynote talks and reports from  Professor Michael O’Flaherty, to justice for two vulnerable groups society to accept them as normal resolving issues remain with States, the student panels can be found at Director, EU Agency for in Russia – migrants and persons and the more measures will be used both at national and local level. nottingham.ac.uk/hrlc Fundamental Rights with disabilities – by strengthening to restrict human rights guarantees Professor Rehman addressed the knowledge and skills of Russian in the future”. A detailed report  Arvind Narrain, Geneva Director, issue of homosexuality in Islam and lawyers in these areas of practice. on Judge Spano’s visit can be ARC International found at nottingham.ac.uk/hrlc the Muslim world. In Islam originally While continuous efforts to reform  Professor Javaid Rehman, Professor homosexuality had been accepted, but the Russian criminal justice system of Law, Brunel University colonial legacy and insecure political are being made, the guarantees of structures introduced discrimination the right to a fair trial are still weak.  Joanna Whiteman, Co-Director, Human rights Professor and prosecution. He called for a Migrants and disabled persons Equal Rights Trust better understanding of Sharia law at sea face specific problems in accessing Thornberry delivers and pointed out that laws can never Russian courts and, in addition, they David Hammond, CEO of Human lecture on racial be ‘Islamic’ – they are always political. often lack the resources to access Rights at Sea, presented the Sharia is not law but rather morality, professional legal assistance. discrimination and therefore States of the Organisation work of his organisation to law of Islamic Countries should focus on staff and students earlier this As part of the project, HRLC and Earlier this year Emeritus Professor of changing their positive laws. year. Human Rights at Sea is Citizen's Watch International will International Law, Patrick Thornberry, an independent human rights organise an introductory training Keele University, delivered a guest Ms Whiteman discussed LGBT+ rights in maritime charity whose aim is to in St Petersburg in late September, lecture on Discrimination in Relation the Russian courts. Russia has a deeply raise awareness, implementation after which a delegation of selected to Minorities and Indigenous heterosexual culture and tradition, and accountability of human rights Russian lawyers will visit the UK to Peoples. Professor Thornberry with outward hostility towards and provisions throughout the maritime attend further trainings with British is an honorary professor of the repression of LGBT+ rights. In addition, environment. It operates in four lawyers, visits to local courts and University of Nottingham School of there are substantial restrictions on key areas: seafarers, fishermen, charities working with migrants Law and a former member of the freedom of expression and courts do migrants and refugees, business and disabled persons. The project UN Committee on the Elimination not always act independently. However, and human rights. HRLC is in the is the next stage of the long-term of Racial Discrimination. He has equality and non-discrimination laws process of signing a memorandum education programme Magna published widely in the field of are in place and improvement in legal of understanding with Human Rights Carta International, launched by public international law and human recognition of LGBT+ rights is visible. at Sea to facilitate participation Citizens Watch International in rights, specialising in the rights of of Nottingham students in their 2016, and is funded by European minorities and indigenous peoples, legal research programme. Endowment for Democracy. and racial discrimination.

2 Human Rights Law Centre: nottingham.ac.uk/hrlc Human Rights Law Centre: nottingham.ac.uk/hrlc 3 Forced Tales from the Migration Unit FRA-sphere The EU Agency for HRLC has recently completed four FRA reports, namely: Fundamental Rights (FRA)  Monthly data collection on the has recently published current reform of intelligence re-established legislators and policy makers with legislation in the UK a number of reports. evidence about the experiences of In May, the FRA published its annual  Living in another Member victims of labour exploitation. State: barriers to EU citizens’ Fundamental Rights Report 2017, which The fieldwork research consists of 20 On 7-8 November, the unit will The broader aim of the research full enjoyment of their rights We are pleased provides an overview of the status of one-to-one interviews and two focus host a workshop on Tackling Root carried out by the unit is to understand fundamental rights across the EU, from to announce the  Standing and operational space of group discussions with labour exploitation Causes? EU Aid and Governance to the bigger picture of the migration overall equality and non-discrimination victims. Dr Alex Toft, Coventry University, re-establishment of the Control Migration, in collaboration ‘crisis’. Therefore, related topics are to privacy and data protection. Notably, non-governmental organisations acted as lead interviewer and Social with the PPGR Humanitarian and included in the daily work of the on the occasion of its 10th anniversary, in contributing to respecting Forced Migration Unit Development Aid Unit. The workshop Forced Migration Unit, such as the: the FRA looked back at its achievements and promoting fundamental Expert on fieldwork Research; Andrea aims to bring together scholars, and remaining shortcomings in its rights in EU Member States Nicholson, Nottingham Trent University, within HRLC. Led by  Externalisation of migration non-governmental organisations, report, Between promise and delivery: also conducted some of the interviews. measures by the EU and  Information Request on Dr Daria Davitti, the unit policy and lawmakers to discuss the 10 years of fundamental rights in the EU. The project is managed by HRLC its Member States Roma and Travellers. nexus between EU development and Research and Project Officer, An Cuypers. will be formally launched Related to immigration, the FRA published migration policies, and their broader We are currently finalising two in the new academic  Framing of the debate on Together in the EU – Promoting the Furthermore, HRLC is completing legal and political implications. The fieldwork projects. Rights of crime irregular migration participation of migrants and their three additional reports: year, but is already workshop is funded by the Rights victims to have access to justice – a  Work of search and rescue descendants and European legal and and Justice Research Priority Area comparative analysis aims to provide  Anti-Muslim and anti- bustling with activity. NGOs in the Mediterranean policy framework on immigration information on the experiences of migrant hatred database at the University of Nottingham. detention of children. The former HRLC has a long-standing reputation adult victims of violent crimes in  Involvement of Private Military and highlights both promising practices and  Misogyny, gender stereotyping for carrying out outstanding research In preparation for this workshop, the accessing criminal justice in the UK. Security Companies in the ‘crisis’ shortcomings in Member States’ efforts and hate speech against women in forced migration and in organising Forced Migration Unit is currently to foster participation by migrants and The fieldwork consists of 33 one-to- inspiring events on refugee law- conducting research on recent EU In this context Dr Davitti published  Contribution to FRA Fundamental their descendants, while the latter outlines one interviews with police, victim related issues. The relaunch of the policies on migration and development an article entitled ‘Why offshore Rights Report 2018 and EU the main fundamental rights safeguards support organisations, prosecutors, Forced Migration Unit will enable aid. Dr Davitti and Dr Annamaria processing of refugees bound Charter of Fundamental Rights provided for in EU and human rights law to judges and victims of violent crime. us to once again assume a leading La Chimia have already published for Europe is such a bad idea’ prevent unlawful and arbitrary detention. The project is managed by HRLC position in this area. Given its potential an article on this topic entitled ‘A in The Conversation. Research and Project Officer, Laura to influence policymaking in Europe, Lesser Evil? The European Agenda In July, the FRA also published Wills, and led by Dr Debbie Cooper, the unit will initially focus its activities on Migration and the Use of Aid Fundamental rights and the Social Expert on Fieldwork Research. on the European refugee ‘crisis’. Funding for Migration Control’ in the interoperability of EU information systems: Irish Yearbook of International Law. borders and security. This report aims The second fieldwork project, Severe to support the work of the EU High-level labour exploitation – foreign workers’ Expert Group on Information Systems and perspectives, looks at the experiences Interoperability by highlighting ways to of foreign victims of severe labour In February, Dr Daria Davitti took address fundamental rights challenges. exploitation. The work will provide over from Professor Mary Footer New as Head of the Business, Trade and Human Rights Unit. During This module was designed for FCO This module is largely delivered online, leadership academic year 2017/18, Dr Davitti Human rights staff at all levels who are called on via an Open University Platform, is the module convener for LLM to give advice on human rights. making it accessible to FCO staff around the world. In addition to modules Business and Human training at the The major objectives are to have a the online material, there are two for the Rights, and International Law and deeper understanding of what human Foreign and workshops per year on human rights the Protection of Refugees. rights are and the key elements of law, policy and implementation. The policy and theory; and to understand Business, Her research focuses on examining Commonwealth human rights module was developed the UK’s position on human rights and the obligations and responsibility of by HRLC Co-Director, Professor the implications for FCO’s work. It states, international organisations, Office Dominic McGoldrick, the Centre Trade and covers both multilateral institutions and private companies operating in for Political and Diplomatic Studies, In 2017, HRLC has been working with and country specific work. The focus complex contexts, such as situations and the FCO Diplomatic Academy. Human the Foreign and Commonwealth is on human rights policy and practice. of armed conflict, forced migration Office (FCO)’s new Diplomatic and humanitarian emergencies. Academy to develop a module on The module is one of a range offered Rights Unit human rights as part of staff training by the Multilateral Faculty at the FCO.

4 Human Rights Law Centre: nottingham.ac.uk/hrlc Human Rights Law Centre: nottingham.ac.uk/hrlc 5 How to spend Human rights For the sake of your summer: defenders humanity: become a welcome Five human rights defenders preserving HRLC intern joined our short course in international human rights law at the beginning of this year. and fostering the Over the last few months, HRLC welcomed five University of Nottingham student interns who assisted with the work of the centre. Fredie Simukonda is working to European Union’s promote the rights of women and  Georgios Alexandris holds a Bachelor in Law from the Democritus University children of rural communities in of Thrace and is currently completing his LLM Human Rights Law. As part of Malawi, his homeland, where Commitment the Forced Migration Unit, Mr Alexandris conducted research on the forced access to clean water and health Advanced return of refugees and asylum seekers from the development aid perspective care pose great problems. Shirley to Human Rights Harding is Women and Children’s  Marlene Fries holds a First State Exam in Law, studied at the Rheinische Friedrich- Rights Officer at the Human Rights course on Wilhelms-Universität in Bonn/Germany and is currently completing her LLM Commission of Sierra Leone. Human Rights Law. Ms Fries conducted research on the external dimension of the European Agenda, focusing in particular on the bilateral agreements with third Philip Johnson is a former paralegal HRLC’s FRAME Project (2013-2017) On the basis of its research, which the law who works in discrimination countries for the forced return of refugees and asylum seekers currently in the EU ended with a final conference at the yielded 10,000 pages of reports, FRAME complaints against the US Palace of the Academies in Brussels. developed 40 policy recommendations of armed  Megan Jameson recently graduated with an LLB from the University of Department of Justice. Elmukashfi EU officials, practitioners, academics in its Outcome Document. These Nottingham. As part of her Publications Internship, Ms Jameson assisted with Mazoob is a Sudanese lawyer with and civil society representatives recommendations seek to respond the production of Volume 22 and 23 of the Yearbook of the European a particular interest in the rights gathered to discuss themes linked to two crosscutting challenges conflict Convention for the Prevention of Torture and Inhuman or Degrading Treatment of persons with disabilities. Joe Moses is an anthropologist and to the EU and human rights during affecting the Union’s contribution HRLC recently delivered its or Punishment, which HRLC edits for Brill Nijhoff Academic Publishers Chairman of the Paga Hill community keynote speeches, panel discussions to human rights in Europe and the annual Advanced Course on  of Papua New Guinea, who were and a high-level roundtable. This final world: insufficient embeddedness and Harvey Slade holds an LLB from the University of Nottingham and is the Law of Armed Conflict. This forcibly evicted from their land to conference was also the occasion backlash from both inside and outside. currently completing his LLM Human Rights Law. Mr Slade assisted with bespoke course is provided to make way for a five-star resort; Joe to present the FRAME outcome the production of the International Human Rights Reports, one of HRLC’s On the one hand, despite visible personnel from the legal branches has fought the land grab in court document, which outlines the leading publications, by writing case summaries of decisions of the UN improvements, the Union’s commitment of the British Armed Forces. and is now raising awareness of project’s main findings and lists key Human Rights Treaty Bodies and Regional Human Rights Bodies to human rights is not yet sufficiently It is designed to give an academic the Paga Hill land battle with his policy recommendations. The project  Edoardo Gabriele Vacca holds a Master in Law from the LUISS Guido Carli documentary The Oppressed. embedded in EU policy and law-making grounding in a specialist area of was led by Professor Jeff Kenner. University in Rome and is currently completing his LLM International Criminal practices. Not all EU actions can be public international law, namely They came to Nottingham to learn Justice and Armed Conflict. During his International Criminal Justice Unit FRAME was tasked with surveying said to back the commitment with their the law of armed conflict. This the principles and protections internship, Mr Vacca helped to provide legal research and organisational support the reality of the EU’s commitment to full weight. On the other hand, even is essentially an area of law that mechanisms of international human to enhance the capacity of the National Implementing Legislation Database human rights, that is, assessing whether more worrying developments hindering deals with State and individual rights law and to tell us how they and testing of the newly built Cooperation and Judicial Assistance Database human rights are effectively being the rollout of the EU’s human rights responsibility in the use of military defend human rights on a daily basis in their communities. protected and promoted by the Union’s commitment are the pressures which are force and the conduct of military policies, and whether the EU institutions exerted by forces who wish it to fail, both operations. This course is aimed and bodies, and the Member States, from inside as well as outside the Union. at qualified lawyers working for live up to their pledge in practice. The FRAME Outcome Document as well the legal branches of the armed African Prisons After four years of meticulously as all FRAME research outputs, including services who may be called on researching the exercise of the EU’s HRLC’s reports on the EU’s engagement to give advice on such matters. Project back for entire range of competences against with non-state actors (business, Each participant acquires the skills, more human this commitment, FRAME uncovered international financial institutions ability and knowledge to enable much proof that this commitment is and civil society organisations), them to provide appropriate legal rights training being taken seriously, and that there is are available at fp7-frame.eu advice within the broad field of a sincere desire by many to deliver on the law of armed conflict. The In May, HRLC was delighted to it. Conversely, FRAME also evidenced advanced course complements again provide a three-day course that a number of policy choices made the Foundation Course on the Law on imprisonment and human rights by the EU and its Member States run of Armed Conflict which takes to three Kenyan Fellows from the counter to this commitment. This applies, place in September each year. African Prisons Project. in particular, to certain aspects of the EU’s economic and fiscal policies that The Advanced Course was Francis Kimani, Frank Opondo and cause inequality to increase rather delivered by Professor Sandesh Richard Ondimu are Kenyan prison than to decrease, thereby seriously Sivakumaran, Professor Olympia officials who were on an intensive affecting the conditions for human Bekou, Dr Marko Milanovic, three-month secondment to the UK to HRLC provided the academic leg A new cohort of fellows will visit HRLC rights to flourish. Therefore, it is crucial Professor Rob Cryer (University learn about its penal system, mainly of their secondment, with a course in autumn 2017. More information that, in reflecting on its commitment, of Birmingham), and Professor through workshops and meetings with addressing human rights challenges on the African Prisons Project as the EU also considers the impact of the Dominic McGoldrick, HRLC Co- representatives from the police, the related to imprisonment, such as life well as information on the Fellows political and economic underpinnings Director and Course Director. courts, the Ministry of Justice, prison, imprisonment, the right to vote and and their secondment is available at of its policies on human rights. probation and resettlement services. mental disorder in detention. africanprisons.org

6 Human Rights Law Centre: nottingham.ac.uk/hrlc Human Rights Law Centre: nottingham.ac.uk/hrlc 7 Execution of ECtHR judgements Distance On 28-29 September, HRLC will hold an expert workshop on The Execution of European Court of Human Rights Judgements (ECtHR). The workshop will learning course discuss the difficulties that States and the Court face in ensuring the execution of ECtHR judgments. in international In particular, the focus will be on judgments about the procedural obligation human to investigate alleged violations of Articles 2 and 3. The workshop is organised in partnership with the Department for the Execution of Judgments of the rights law European Court of Human Rights. This course is designed to give an in-depth understanding of international human rights standards and of the UN and Short course in international regional systems that implement them. The course is taught by human rights law leading human rights academics and practitioners in the HRLC’s International Human Rights Law Short Course is a three-month international human rights systems. residential course designed to give an in-depth understanding of international human rights standards through seminars, guest lectures, It is aimed at individuals who workshops, visits, tutorials and conferences. require a deeper knowledge of the increasingly important subject of It provides valuable insight and contextual knowledge of the practical operation of international human rights law in human rights law for those interested in human rights protection, from civil society their professional life, or who wish organisations, government, judiciary, police, charity or legal professions, academia, to embark upon a career in human media and business. rights. It is particularly suited Course members explore: to those who cannot take on the commitment of a full-time course.  United Nations and regional human rights standards Participants explore the UN  UN human rights system: the Human Rights Council, Treaty monitoring bodies human rights system, regional and Special Procedures human rights systems (African, European and Inter-American),  Regional human rights systems economic, social and cultural  Implementation of human rights standards in national systems, human rights rights, international refugee law, commissions and other bodies international criminal justice, current human rights issues, Participants also take modules from the LLM programme of the University of international humanitarian law, Nottingham School of Law. The course can be extended to six months with women’s rights, and rights an internship (subject to eligibility) at a non-governmental organisation or a of the child. Course fees, research option within HRLC. The next course will start in January 2018 and dates and contact details are further information is available at nottingham.ac.uk/hrlc/shortcourse available at nottingham.ac.uk/ hrlc/distancelearning

Stay in touch This publication is available nottingham.ac.uk/hrlc in alternative formats: [email protected] +44 (0)115 951 5559 +44 (0)115 846 8506 University of Nottingham has made every effort to ensure hrlcentre that the information in this newsletter was accurate when published. Please note, however, that the nature @UoNHRLC of the content means that it is subject to change from time to time, and you should therefore consider the @uon_hrlc information to be guiding rather than definitive. © University of Nottingham 2017. All rights reserved. Printed September 2017.