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Global Human Rights Litigation Report
GLOBAL HUMAN RIGHTS LITIGATION REPORT The Open Society Justice Initiative uses strategic litigation and other forms of legal advocacy to empower communities, defend the rule of law, and advance human rights. This report describes some of the highlights of our litigation work, through a review of seven thematic areas where we have sought to use the law to bring about change. CONTENTS 1 WHY STRATEGIC LITIGATION MATTERS James A. Goldston, Executive Director 5 EXPOSING EUROPEAN COLLUSION IN EXTRAORDINARY RENDITION Amrit Singh 9 CONFRONTING ETHNIC PROFILING IN FRANCE Lanna Hollo 13 CHALLENGING TORTURE IN CENTRAL ASIA Masha Lisitsyna 18 ACCESS TO INFORMATION AND THE RIGHT TO TRUTH IN LATIN AMERICA Mariana Mas and Mercedes Melon 23 CHALLENGING IMPUNITY FOR INTERNATIONAL CRIMES Steve Kostas 28 STRENGTHENING THE RIGHT TO CITIZENSHIP IN AFRICA Laura Bingham 32 PROSECUTING CORRUPTION Ken Hurwitz 35 JUDGMENTS 1 GLOBAL HUMAN RIGHTS LITIGATION REPORT WHY STRATEGIC LITIGATION MATTERS James A. Goldston EXECUTIVE DIRECTOR At a time when “illiberalism” has become a badge of honor for some, it may seem perverse that the Open Society Foundations would dedicate precious human and financial resources to the long, uncertain, often frustrating project of litigating in courts of law. AFTER ALL, THE IDEALS UPON WHICH LITIGATION IS PREMISED—including respect for the rule of law, impartial fact-finding and the principle of legal accountability—are increasingly disparaged as unnecessary hindrances to the popular will. Moreover, one need hardly join the campaign against liberal values to recognize that, as practiced, legal action to advance human rights has promised more than it has achieved. And yet, the Open Society Justice Initiative pursues litigation precisely because of our commitment to the vital, if limited, role of law in furthering open societies. -
The World's Stateless 2020
THE WORLD’S STATELESS DEPRIVATION OF NATIONALITY The Institute on Statelessness and Inclusion (ISI) is an independent non-proft organ- isation dedicated to promoting inclusive societies by realising and protecting the right to a nationality for all. Established in August 2014, ISI is the frst and only human rights NGO dedicated to working on statelessness at the global level. ISI is incorporated in the Netherlands, where it has Public Beneft Organisation (PBO) status. © Institute on Statelessness and Inclusion, March 2020 [email protected] - www.institutesi.org Cover photo © by David Kuko from Pexels ISBN: 9789082836660 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, translated or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission of the Institute on Statelessness and Inclusion. Whilst the authors, editors and publisher have tried to ensure the accuracy of this publication, the publisher, authors and editors cannot accept responsibility for any errors, omissions, misstatements, or mistakes and accept no responsibility for the use of the information presented in this work. Disclaimer: All contributions in this publication refect the views of their respective au- thors. They do not necessarily refect the views of the institutions they work for or are afliated with, nor of the Institute on Statelessness and Inclusion or the other authors who have contributed to this report. All text with no attribution -
Institute on Stateless and Inclusion
The World’s Stateless children Institute on Statelessness and Inclusion January 2017 a - The Institute on Statelessness and Inclusion is an independent non-profit organ isation dedicated to promoting an integrated, human rights based response to the injustice of statelessness and exclusion. Established in August 2014, it is the first and only global centre committed to promoting the human rights of stateless persons and ending statelessness. Its work combines research, education, human status.rights advocacy, field and network building, and awareness raising. The Institute is incorporated in the Netherlands, where it has Public Benefit Organisation (PBO) © Institute on Statelessness and Inclusion , January 2017 [email protected] - www.institutesi.org Cover photo © Saiful Huq Omi The photograph was taken a day before Yunus – a stateless Rohingya refugee - left his nine-month pregnant wife Megum (name changed) in Bangladesh along with their son and allowed himself to be trafficked to Malaysia. A week later, she received the news that his boat had capsized in the rough sea and everybody on board had died. Soon after, Begum gave birth to their second stateless son. Published by: Wolf Legal Publishers (WLP) ThePO Box Netherlands 313 5060 AH Oisterwijk Email: [email protected] www.wolfpublishers.nl AllISBN: rights 9789462403659 reserved. No part of this publication may be reproduced, stored in a retrieval system, translated or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission of the Institute on Statelessness and Inclusion. Whilst the authors, editors and publisher have tried to ensure the accuracy of this publication, the publisher, authors and editors cannot accept responsibility for any errors, omissions, misstatements, or mistakes and accept no responsibility for the use of the information presented in this work. -
Prosecuting Rape in International Criminal Tribunals: the Need to Balance Victim's Rights with the Due Process Rights of the Accused
Journal of Civil Rights and Economic Development Volume 23 Issue 1 Volume 23, Spring 2008, Issue 1 Article 5 Prosecuting Rape in International Criminal Tribunals: The Need to Balance Victim's Rights with the Due Process Rights of the Accused Amanda Beltz Follow this and additional works at: https://scholarship.law.stjohns.edu/jcred This Note is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in Journal of Civil Rights and Economic Development by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. NOTES PROSECUTING RAPE IN INTERNATIONAL CRIMINAL TRIBUNALS: THE NEED TO BALANCE VICTIM'S RIGHTS WITH THE DUE PROCESS RIGHTS OF THE ACCUSED AMANDA BELTZ INTRODUCTION After the end of the Second World War, when the world bore witness to the incredible horror and destruction capable of being inflicted in times of war, countries emerging from devastating conflict have utilized international and domestic tribunals in order to prosecute genocide, war crimes, crimes against humanity, and other human rights violations arising out of the conflict.' In addition to acting as punitive bodies, tribunals were See INTERNATIONALIZED CRIMINAL COURTS (Cesare P.R. Romano et al. eds., Oxford University Press 2004) (providing a general discussion of international tribunals including the Tokyo and Nuremberg Tribunals, The Special Court for Sierra Leone, Special Tribunal for Cambodia, Iraq High Tribunal, South Africa Truth and Reconciliation Commission, and the International Criminal Tribunals for Rwanda and the Former Yugoslavia.). See generally Christopher C. -
Strategic Litigation Impacts
Strategic Litigation Impacts INSIGHTS FROM GLOBAL EXPERIENCE OPEN SOCIETY JUSTICE INITIATIVE Strategic Litigation Impacts Insights from Global Experience Strategic Litigation Impacts Insights from Global Experience Open Society Justice Initiative Copyright © 2018 Open Society Foundations. This publication is available as a pdf on the Open Society Foundations website under a Creative Commons license that allows copying and distributing the publication, only in its entirety, as long as it is attributed to the Open Society Foundations and used for noncommercial educational or public policy purposes. Photographs may not be used separately from the publication. The Open Society Institute Budapest Foundation constitutes a foreign financed organi- zation under the par. 1.1 of the Act LXXVI of 2017. ISBN: 978-1-940983-8-44 Published by Open Society Foundations 224 West 57th Street New York, NY 10019, USA www.opensocietyfoundations.org For more information, please contact: Erika Dailey Senior Research Officer [email protected] Cover photo © Roberto Jayme | Reuters | Newscom Design and layout by Judit Kovács l Createch Ltd. Printing by GHP Media, Inc. Table of Contents Acknowledgments 7 Foreword 11 I. Executive Summary 13 II. About the Strategic Litigation Impacts Inquiry 21 Strategic Human Rights Litigation and the Open Society Foundations 21 Methodology 23 What Do We Mean by “Strategic Human Rights Litigation”? 25 What Do We Mean by “Impact”? 26 How Do We Measure Impact? 27 The Challenges of Identifying Impacts, Correlation, or Causation 28 III. Strategic Human Rights Litigation as a Catalyst of Change 31 Strategic Litigation’s Distinctive Role as a Social-Change Tool 32 Criticism 36 A Growing Phenomenon 38 IV. -
Annual Consultations with Ngos
Annual Consultations with NGOs Geneva, CICG 27 June - 29 June 2018 Provisional list of participants by organization ABAAD-Resource Center for Gender Equality ACT Alliance EU Mr Mohamad MANSOUR Ms Bihari FANNI Senior Director of Programs Policy Officer, Migration and Refugees Beirut, Lebanon Brussels, Belgium [email protected] [email protected] [email protected] [email protected] www.abaadmena.org www.actalliance.eu ACT Alliance Act for Peace, National Council of Churches in Australia Mr Allan CALMA Mr Brian BARBOUR Regional Programme Coordinator Regional Refugee Protection Advisor Geneva, Switzerland Sydney, Australia [email protected] [email protected] [email protected] [email protected] www.actalliance.org www.actforpeace.org.au ACT Alliance ACTED, Agency for Technical Cooperation and Ms Tamara DOMICELJ Development Regional Refugee Protection Adviser, Act for Peace Ms Camille CHEMIN Geneva, Switzerland Grant Manager [email protected] Paris, France [email protected] [email protected] www.actalliance.org [email protected] www.acted.org/ ACT Alliance Mr Thorsten GOBEL ACTED, Agency for Technical Cooperation and Head of Programmes Development Geneva, Switzerland Ms Lorène TAMAIN [email protected] Programme Support Manager [email protected] Paris, France www.actalliance.org [email protected] [email protected] ACT Alliance www.acted.org/ Mr Alwynn JAVIER Global Humanitarian Coordinator Action Against Hunger Geneva, Switzerland Ms Lise FOUQUAT-KAMARA [email protected] -
OSJI-Born in the Americas-US-Proof1.Indd
THE PROMISE AND PRACTICE OF NATIONALITY LAWS IN BRAZIL, CHILE, AND COLOMBIA Born in the Americas OPEN SOCIETY JUSTICE INITIATIVE Born in the Americas The Promise and Practice of Nationality Laws in Brazil, Chile, and Colombia Born in the Americas The Promise and Practice of Nationality Laws in Brazil, Chile, and Colombia Open Society Justice Initiative Copyright © 2017 Open Society Foundations. This publication is available as a pdf on the Open Society Foundations website under a Creative Commons license that allows copying and distributing the publication, only in its entirety, as long as it is attributed to the Open Society Foundations and used for noncommercial educational or public policy purposes. Photographs may not be used separately from the publication. ISBN: 978-1-940983-68-4 Published by Open Society Foundations 224 West 57th Street New York, NY 10019, USA www.opensocietyfoundations.org For more information contact: Juliana Vengoechea Open Society Justice Initiative [email protected] Cover photo © Guillermo Legaria l Getty Cover designed by Judit Kovács l Createch Ltd. Text layout and printing by Createch Ltd. Table of Contents Acknowledgments 7 Methodology 9 Country Selection Criteria 9 Methodological Models 10 Research Methods 11 Map of the Region 15 Definition of Terms 17 Executive Summary and Recommendations 19 Recommendations 22 I. Introduction 25 Citizenship in the Americas 25 The Politics of Citizenship 27 II. Regional Context 29 The Inter-American System of Human Rights 30 Case Law from the Inter-American Court of Human Rights 32 Cartagena +30 and Statelessness 34 BORN IN THE AMERICAS 5 Country Profiles 37 III. -
Strategic Litigation Impacts: Torture in Custody
Strategic Litigation Impacts TORTURE IN CUSTODY OPEN SOCIETY JUSTICE INITIATIVE Strategic Litigation Impacts Torture in Custody Strategic Litigation Impacts Torture in Custody Open Society Justice Initiative Dedication This report is dedicated to Tahir Elçi—human rights defender and peace activist, lawyer, head of the Diyarbakir Bar, litigator before the European Court of Human Rights, and contributor to this study—who was killed on November 28, 2015 during a peace speech in Diyarbakir, and to all the human rights activists around the globe. 5 Copyright © 2017 Open Society Foundations. Second printing, 2018. This publication is available as a pdf on the Open Society Foundations website under a Creative Commons license that allows copying and distributing the publication, only in its entirety, as long as it is attributed to the Open Society Foundations and used for noncommercial educational or public policy purposes. Photographs may not be used separately from the publication. The Open Society Institute Budapest Foundation constitutes a foreign financed organi- zation under the par. 1.1 of the Act LXXVI of 2017. ISBN: 978-1-940983-7-21 Published by Open Society Foundations 224 West 57th Street New York, NY 10019, USA www.opensocietyfoundations.org For more information, please contact: Erika Dailey Senior Research Officer [email protected] Cover photo © Cigdem Ucuncu | NarPhotos | Redux Cover designed by Judit Kovács l Createch Ltd. Text layout by Createch Ltd. Table of Contents About the Strategic Litigation Impacts -
Masacre De 1937. 80 Años Después : Reconstruyendo La Memoria
MASACRE DE 1937. 80 AÑOS DESPUÉS RECONSTRUYENDO LA MEMORIA Masacre de 1937. 80 años después Reconstruyendo la memoria Matías Bosch carcuro eliades acosta Matos amaury pérez Vargas Editores • Eugenio Raúl Zaffaroni • Simone Rodrigues Pinto • Catherine Bourgeois • Richard Turits • Amaury Pérez Vargas • Rafael Darío Herrera • Eliades Acosta Matos • Lauren Derby • Any Lafontaine • Amín Pérez • María Fumagalli • Sophie Maríñez • Ediberto Román • Ernesto Sagás • Aquiles Castro • Gonzalo Basile • Josefina Zaiter • Matías Bosch Carcuro Santo Domingo República Dominicana 2018 Masacre de 1937. 80 años después Reconstruyendo la memoria © Fundación Juan Bosch Inc., 2018 © CLACSO ISBN: 978-9945-9098-5-2 Foto de cubierta: “Matanza de Haitianos, 1937”, fresco sobre bloques de cemento de 8”, 1974, por José Ramírez Conde y Roberto Flores, en Museo Memorial de la Resistencia. © Ediciones Fundación Juan Bosch © Fundación Juan Bosch Inc., 2018 Calle Nicolás Ureña de Mendoza No. 54, Esq. Font Bernard, Local 2ª, Los Prados. Santo Domingo, D. N. , Rep. Dominicana Teléfono: (809) 472-1920 www.juanbosch.org CLACSO Consejo Latinoamericano de Ciencias Sociales-Conselho Latino-americano de Ciências Sociais Secretario Ejecutivo: Pablo Gentili Director de Formación y Producción Editorial: Nicolás Arata Núcleo de producción editorial y biblioteca virtual: Coordinador editorial: Lucas Sablich Núcleo de diseño y producción web: Coordinador de Arte: Marcelo Giardino Coordinador de Programación Informática: Sebastián Higa Asistente de Arte: Jimena Zazas Asistente de Programación Informática: Rosario Conde Estados Unidos 1168 | C1023AAB Ciudad de Buenos Aires | Argentina Tel [54 11] 4304 9145/9505 | Fax [54 11] 4305 0875 | E-mail [email protected] | web www.clacso.org CLACSO cuenta con el apoyo de la Agencia Sueca de Desarrollo Internacional FLACSO-RD/ Instituto Superior Pedro Francisco Bonó/ Instituto de Historia de la Universidad Autónoma de Santo Domingo Impresión: Impresora Soto Castillo, S.