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ANNUAL REPORT WORD FROM THE PRESIDENT IN THIS ISSUE © Claude Truong-Ngoc WORD FROM THE PRESIDENT 03 The year 2016 marked a major change in the life of our Institute’ status, turning from association to Foundation. Indeed, in December 2015, our Institute created by René Cassin and some other founding fathers, became a state- TEAM 04 approved Foundation. It is widely agreed that the foundation status is less common than the association one (in France, four hundred times scarcer!) and has a crucial advantage which is to obtain easily gifts and patronages due The René Cassin Foundation – International Institute of Human Rights 04 to tax benefits granted to the sponsors and patrons. Two three-year sponsorship agreements have already been signed and a third is currently being implemented. INSTITUTIONAL ACTIVITIES Thus, the «Cassin Institute», by becoming the «Cassin Foundation», will be able to meet the surging demand and Donors and Partners 05 organize more trainings and teaching sessions in France and worldwide. In 2016, the IIHR held five training sessions abroad, as described in this annual report whereas in 2017 there will be ten through four different continents. TRAINING SESSIONS IN FRANCE Moreover, traditional activities will continue and even develop: the Annual teaching session in July, dedicated to the “armed conflicts and the international law of human rights” last year. In 2017, for its 48th edition, this training 1. TRAINING SESSIONS will focus on the “Health and international human rights law”. Then, our institute organized the 20th summer course Summer course on refugee law 06 on “refugee law and the right to asylum” in collaboration with the UNHCR. Furthermore, in 2016, the IIHR held two Annual study session 10 seminars. The first one was organized in Angers by Bérengère Taxil and Yannick Lécuyer regarding “sexuality and human rights». The second one, supported by our foundation, took place in Valencia in collaboration with Susana Sanz Caballero who talked about “the higher interest of the child in the Spanish, comparative and international case 2. CONTINUING TRAINING law” (both had a keen interest). Finally, the last seminar was organized in Strasbourg regarding “death penalty” on France and the European Court of Human Rights 16 the initiative and with the support of the German Permanent Representation to the Council of Europe. Then, there was and there will still be the RENÉ CASSIN THESIS PRIZE in English and French, the René Cassin 3. SEMINARS European Pleading Competition driven by Peggy Ducoulombier, publications at Pedone : in particularly these Doctoral Seminar – The interrelatedness of international human rights norms 18 under the leadership of Sébastien Touzé on the Costa Rica symposium (regarding the universal abolition of the death penalty) and one in Paris dedicated to the ECHR; as well as the one from Toulouse (regarding the protection 4. THE HUMAN RIGHTS CLINIC of human rights by supranational courts, under the leadership of Sébastien Touzé, Joël Andriantsimbazovina and Human rights law clinic 19 Laurence Burgorgue-Larsen). Yet, another example is the human rights clinic, in cooperation with the Law Faculty of Strasbourg, directed by Niki Aloupi and various other activities. Without being exhaustive, this comment shows the vitality of our institution. It is due to the quality and devotion TRAINING SESSIONS ABROAD of our team, small but effective, directed brilliantly by Sébastien Touzé and thanks to the importance of our Mali 23 supports: the city of Strasbourg, the Grand Est Region, several ministries, the Friedrich Neumann Foundation, the Cameroon 27 Council of Europe, the ECHR... Many international teachers, whose fidelity matches their skills, also participate to Lebanon 30 this success. As René Cassin wanted, we are not a heavy structure but it is all about networking, nationally and Senegal 33 internationally, with a long-term ambition until the universality (as the Declaration of 1948...). Often, our teachers Ivory Coast 37 are former participants in training sessions. Haïti 40 But even if we can still hope for better improvements, this is not without difficulties. Some are minor. In statutory terms, we had to change substantially the governance. The Foundation is managed by a Board of directors with ANNUAL SYMPOSIUM OF THE FONDATION RENÉ CASSIN fifteen members which has already met four times and its next meeting will be held in March the 8th. However, it Sexuality and International Human Rights Law 44 can’t have the right of General Assembly. To compensate this important drawback, it includes, as standard statutes of the Council of State do, an “Association of friends”, chaired by Michel de Salvia, whose two members are on the International Seminar on Death Penalty 46 Board of directors. Its launch was laborious, – it is not easy to change a 45 years structure -, but a recent The General Assembly showed the way: to gather all the friends of the Foundation (some are various members of the former RENÉ CASSIN THESIS PRIZE 48 Association), and turned them into associate members, and then to collect ideas and projects for the Foundation’s activities. I hope that the relationship between these two entities will quickly find its feet and promote a successful PUBLICATIONS 49 synergy. However, the real challenge is not there. It is exogenous. Today’s world, and particularly in Europe, sees multiple serious threats against human rights, democracy and the rule of law arising from many Governments and THE BEST INTERESTS OF THE CHILD IN THE COMPARATIVE, often supported by public opinion. Factors such as terrorism, the crisis, the increasing precariousness or even the INTERNATIONAL AND SPANISH JURISPRUDENCE 50 migrations are not favourable to the construction of a fairer and freer world that our Creator wanted and supported by his actions. Since ten or fifteen years, the degradation is clearly visible and much crueller while the 1980s and INTERNATIONAL SYMPOSIUM OF THE CRDH 52 the beginning of the 1990s made us hopeful. Within its capabilities, our Foundation will fight to stop this drift and to give to the rights and freedom defenders RENÉ CASSIN PLEADING COMPETITION 55 the legal and moral tools to deal with it. I am convinced that René Cassin would think and act in a similar way. Let’s follow his example! OUR 2017 PROGRAM 56 Jean-Paul COSTA President - International Institute of Human Rights 2 THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS - ANNUAL REPORT 2016 3 TEAM INSTITUTIONAL ACTIVITIES THE BOARD THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS Jean-Paul COSTA, President The International Institute of Human Rights has become recognised as a Foundation of public utility by Françoise TULKENS, Vice-Presidente a decree of the State Council published in the Official Journal in December 13th, 2015. The change in Luis JIMENA QUESADA, Secretary General status of the Institute allows it to have the means necessary for its ambitions and to continue to work in Jean-Pierre WACKER, Treasurer favor of the protection and the promotion of human rights in France and worldwide. The structure of the Fondation : DIRECTION Jean-Paul COSTA, Président Françoise TULKENS, Vice-President Sébastien TOUZÉ, Director Luis JIMENA QUESADA, Secretary general Jean-Pierre WACKER, Treasurer Sébastien TOUZÉ, Director TRAINING SESSIONS ABROAD DONATORS AND PARTNERS Elsa ZIMMER, RESEARCH, ADMINISTRATION Programme Officer CONTINUING TRAINING, DOCUMENTATION ANNUAL STUDY SESSION Thanks to the support of its donators and partners, the Fondation can implement and develop its training and research activities. The activities of the Fondation are supported by: Muriel SOGNIGBÉ SANGBANA, SEMINARS, COMMUNICATION Programme Officer Kathy BINGLER, Agathe PETIT, Administrative Agence Universitaire de la Francophonie ; Banque Populaire Alsace Lorraine Champagne ; Bar of Assistante de recherche and Financial Officer Strasbourg ; Caisse d’Epargne Alsace ; Centre Jean Bodin ;Citizen and Political School of Yaoundé ; City SUMMER COURSE ON of Strasbourg ; Civil Society Initiative (Haiti) Conseil d’Etat ; Cooperation and Cultural Actions (SCAC) REFUGEE LAW Evangelia VASALOU, Anne-Laure GRUSSI, of the French Ambassy in Senegal ; Council of Europe ; Editions A. Pedone ; Editions Lexis Nexis ; Muriel SOGNIGBÉ SANGBANA, Assistante de recherche Executive Assistant European Court of Human Rights ; European Union ; Faculty of Law, Economy and Management of Programme Officer Strasbourg ; Fondation Friedrich Naumann for Freedom ; Fondation Marangopoulos ; French Ambassy to Haiti ; Geneva Centre for Human Rights Advancement and Global Dialogue ; Gilbert Cassin ; House of Hermès ;Institute of International Relationships of Cameroon ; Interior Ministry (France) ; Ministry of Defense (France) ; Ministry of Foreign Affairs and International Development (France) ; Ministry of VACLAV HAVEL HUMAN RIGHTS PRIZE Justice (France) ; National Assembly (France) ; Observatoire International de la Démocratie et de la Gestion des Crises et des Conflits (O.I.D.E.C.) ; On October 10th, 2016, The René Cassin Foundation – International Institute of Human Rights participated, Organisation Internationale de la Francophonie ; Permanent Representation to the Council of Europe of as shortlisted nominee, to the Ceremony of the Vaclav Havel Human Rights Prize 2016, awarded by the Denmark ; Permanent Representation to the Council of Europe of France ; Permanent Representation to Parliamentary Assembly of the Council of Europe (PACE) with the support