European Rights Court Seeks Responses from Spain on Police Ethnic Profiling
Source: Open Society Foundations
January 12, 2018
The European Court of Human Rights (ECHR) has instructed Spain to respond to a legal complaint from a young foreign resident who was told by Spanish police that he was being stopped for an identity check purely because of the color of his skin. Leer el resto de esta entrada »
Wisconsin school district settles transgender discrimination case
January 12, 18.
[JURIST] The Kenosha Unified School District (KUSD) [official website] agreed[Kenosha News report] Tuesday to settle a lawsuit filed by a former transgender student who said the district discriminated against him by not allowing him to use the men’s restroom at his high school. Leer el resto de esta entrada »
Federal judge temporaily blocks discontinuation of DACA program
January 10, 2018
[JURIST] Judge William Alsup of the US District Court for the Northern District of California [official website] on Tuesday temporarily blocked [order, PDF] the Trump administration from ending the Deferred Action for Childhood Arrivals (DACA) [official website] program, which gives undocumented immigrants brought into the US as children, known as “Dreamers,” protection from deportation.
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Nepal: Implement Supreme Court Ruling on Protecting the Rights of LGBTI Persons
December 21, 2017
On the 10th anniversary of the Supreme Court’s decision in Sunil Babu Panton the protection of the rights of lesbian, gay, bisexual, transgender and intersex people (LGBTI), the ICJ calls on the Government of Nepal to fully implement the Court’s ruling.
In 2007, the Supreme Court of Nepal delivered a judgment in Sunil Babu Pant v. the Government of Nepal and others, directing the Government of Nepal to take necessary measures to ensure that people of diverse gender identities and sexual orientations could fully enjoy their rights without discrimination. Such measures were to include the adoption of new laws or amending existing laws.
However, ten years after the judgment, LGBTI persons are denied equal protection of the law, and their rights are still not fully protected.
“The Supreme Court’s 2007 judgment gave hope to LGBTI people in Nepal and inspired judiciaries in the region and the world,” said Frederick Rawski, ICJ’s Asia Director.
“Despite some positive measures, the Government has much more work to do to implement the judgment and ensure that the rights of the LGBTI community in Nepal are fully respected.”
The Supreme Court based its findings on international human rights law and standards, particularly in respect of the right to non-discrimination and equality and the right to privacy. The Court relied in particular on Nepal’s legal obligations under the International Covenant on Civil and Political Rights (ICCPR).
The Court strongly rejected arguments that a person’s LGBTI status was the result of “emotional and psychological disorders”, and found that the petitioners faced violence, stigmatization, and discrimination because of their sexual orientation or gender identity.
The Court further ordered that a new Constitution under consideration by the Constituent Assembly should guarantee the right to non-discrimination on the grounds of gender identity and sexual orientation.
Since then, some steps have been taken. The 2015 Constitution that was ultimately adopted contains provisions guaranteeing the right to equality for all citizens and establishing special provisions for the protection, empowerment and advancement of gender and “sexual minorities”. Pursuant to a subsequent Supreme Court ruling, transgender men and women can now change their gender markers to “O” on official documents. However, to use “M” or “F”, they still face prohibitive and unclear restrictions. A recently tabled bill would also criminalize unnecessary medical interventions and provide some, though incomplete, protections to intersex children.
Despite these developments, discrimination against LGBTI people remains rampant in the labour market, in schools and in hospitals. LGBTI people are mistreated and sometimes disowned by their families and singled out for physical attack – often beaten, sexually assaulted and subjected to severe physical abuse. Recent revisions to the Civil Code (2017), effective from mid-August 2018, do not recognize equality before the law related to family life.
“These violations continue in the absence of a state strategy or political will to tackle them,” added Rawski. “The Government of Nepal should prioritize enacting reforms to ensure the protection of the rights of LGBTI persons.”
The ICJ calls on the Government of Nepal to fully implement all aspects of the 2007 ruling and subsequent Supreme Court rulings affecting LGBTI communities. This should include, at the minimum:
• Repealing all discriminatory laws, including provisions of the recently introduced Penal and Civil Codes, against sexual orientation and gender identity in line with the principle of equality, equal protection and non-discrimination;
• Enacting legislation that allows same-sex couples full equality before and protection of the law;
• Enacting legislation that removes any prohibitive or unclear restrictions to changing of gender markers on all official documents;
• Enacting legislation that establishes prior, free, full, informed, genuine and consistent consent, and prevents unnecessary medical interventions on intersex persons; and
• Ensuring that the legal protections are given practical effect, including through implementation measures and administrative instructions binding officials at all levels of government.
Digital rights are human rights
Source: International Law Grrls
December 10, 2017
What do we mean when we talk about “digital rights”? This is a fundamental question that influences the Digital Freedom Fund’s strategy as we define the parameters for supporting the work of activists and litigators in Europe.
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US ends participation in UN’s global compact on migration
December 04, 2017
[JURIST] US Secretary of State Rex Tillerson [official profile] on Sunday informed[statement] the UN of the US’ withdrawal from participation in the UN process to develop a Global Compact on Migration (GCM) [official website]
The GCM is the first, intergovernmentally negotiated agreement “to cover all dimensions of international migration in a holistic and comprehensive manner.”
Tillerson’s decision to withdraw cites “inconsistent” policy goals between the US and the GCM, as the GCM negotiation process will be based on the New York Declaration [text,PDF], a non-binding document adopted by the UN in 2016, which lists strict commitments that emphasize refugee and migrant assistance and immersion, specifically ensuring education and jobs.
In regards to both the GCM and New York Declaration, Tillerson stated:
While we will continue to engage on a number of fronts at the United Nations, in this case, we simply cannot in good faith support a process that could undermine the sovereign right of the United States to enforce our immigration laws and secure our borders.
This decision is consistent with the Trump administration’s immigration platform, and states that it is the “primary responsibility of sovereign states to help ensure that migration is safe, orderly, and legal.”
Guatemalan communities fight back in defense of land and territory
December 05, 2017
Guatemalan indigenous and peasant communities are finally finding a measure of justice and recovering lands and territories that had previously been seized by authorities or private economic actors, including during the internal armed conflict that took place from 1960 to 1996.
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