Effective Remedy

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A Handy Illusion? Interpretation of the ‘Unlikely to Bring Effective Relief’ Limb of Article 7(e) OPIC by the CRC in Saachi et. al.

In an EJIL Talk! blog post, Aoife Nolan laid out the salient aspects of the five inadmissibility decisions in Saachi et al. v. Argentina, Brazil, France, Germany and Turkey delivered by the UN Committee on the Rights of the Child on 8 October 2021. Her post focussed on how the Committee handled key questions concerning jurisdiction, victimhood and attribution under the Convention on the Rights of the Child in the context of climate crisis-related harms to children. Nolan’s post ended with an endorsement of the outcome in this case: five inadmissibility decisions on grounds that domestic remedies in none of the countries were exhausted. She held that ‘the decision reflects a strong grasp of principle, procedure and pragmatism: the Committee has made clear that climate change is a child rights crisis but one that it can only respond to where the admissibility criteria it is required to apply are complied with.’ In this blog post, my aim is to query whether the Committee correctly applied its admissibility criteria concerning…

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SDG Report 2020: The Civil, Political, Economic, Social, Cultural, and Development Rights Crises Deepening in the Global South

The United Nations recently released its Sustainable Development Goals Report 2020, and the results are expectedly grim during this global pandemic.  Not only has the world fallen well off track from Agenda 2030 objectives - including the eradication of poverty - but the deepening inequalities within the Global South augur even worse outcomes for the most vulnerable populations on…

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Reforming Land Restitution – A Concerted Effort to Derail Colombia’s Transitional Justice System?

Recently, Kai Ambos alerted readers of two attempts to weaken Colombia’s transitional justice system (see here and here). A third development fortifies suspicions that the country’s newly elected government intends to derail it. This time, a legislative proposal threatens Colombia’s land restitution process. Changes in the treatment of secondary occupants of reclaimed land could especially frustrate…

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The Rise and Rise of Political Backlash: African Union Executive Council’s decision to review the mandate and working methods of the African Commission

The latest African Union (AU) Summit, held in Nouakchott, Mauritania, from 25 June to 2 July 2018, has left the African Commission on Human and Peoples’ Rights (ACHPR) severely undermined. The Executive Council adopted Decision EX.CL/Dec.1015(XXIII), which endorses some worrying recommendations that emanated from the joint retreat, held in June, by the ACHPR and the Permanent…

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Supreme Court of Spain: UN Treaty Body individual decisions are legally binding

The Spanish Supreme Court has established that the views expressed by UN Human Rights Treaty Bodies in individual complaints are binding on the State. The Court ordered Spain to pay €600,000 in compensation to Ángela González for the responsibility of its authorities in relation to the death of her daughter. Her daughter was murdered by her father in…

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