Human Rights

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The Group of Experts under the Istanbul Convention on Preventing and Combating Violence against Women and Domestic Violence and the ECtHR: Complementary or Contradictory Tools?

The Istanbul Convention is a blueprint document in handling violence against women as the first legally binding treaty in Europe specifically devoted to the problem of violence against women. One aspect of the Istanbul Convention that deserves particular attention is the Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO), which was established as the monitoring body of the implementation of the Convention by state parties. GREVIO is the first enforcement mechanism with an exclusive mandate to handle cases relating to violence against women in Europe, it has already adopted its first evaluation reports on several state parties. This positions GREVIO as a major legal authority to determine state responsibility in addressing violence against women within Europe, alongside the ECtHR (European Court of Human Rights). In this post, I will analyse how any potential clash between these two bodies’ approaches in tackling violence against women is likely to occur, and how these clashes should be handled within the principles of international human rights law. GREVIO:…

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Corporate civil liability for breaches of customary international law: Supreme Court of Canada opens door to common law claims in Nevsun v Araya

In a landmark judgment for transnational human rights litigation, the Supreme Court of Canada in Nevsun Resources Ltd v Araya, 2020 SCC 5 has opened the door for litigants seeking redress for human rights violations in Canadian courts. Significantly, the Supreme Court held that customary international law can give rise to a direct claim in Canada with…

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Calibrating Human Rights and Necessity in a Global Public Health Emergency: Revive the UN OHCHR’s ICESCR Compliance Criteria

COVID-19 has reached every continent, every region, and almost all countries in the world. Most of us are either in quarantine, sheltering in place, in hospitals fighting for lives, in the front lines of depleting health care resources in the developed and developing world, or attempting some semblance of life (e.g. transplanting…

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Part III: Due Diligence and COVID-19: States’ Duties to Prevent and Halt the Coronavirus Outbreak

  In Parts I and II of this blog post, we presented some of the most relevant international obligations to prevent and halt the COVID-19 outbreak, and to mitigate its disastrous effects on peoples’ lives and the functioning of our society. Part III, in their light, assesses some of the measures States have adopted…

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Part II: Due Diligence and COVID-19: States’ Duties to Prevent and Halt the Coronavirus Outbreak

In Part I of this post, we discussed the extent to which the no-harm principle and the rights to life and health require States to prevent and stop the COVID-19 outbreak. In this second part, we will assess the extent to which the International Health Regulations, as well as the obligations arising in the event of…

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