Human Rights

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Women on Board: The EU Commission’s Proposal for a Directive on Improving the Gender Balance among Non-Executive Directors of Companies Listed on Stock Exchanges and Related Measures

Anne Peters is Professor of International and Constitutional Law, University of Basel,  and currently fellow at the Wissenschaftskolleg Berlin. 1. Background and core contents of the proposed Directive On 14 November 2012, the EU Commission tabled a proposal for a Directive on a highly sensitive issue and did so without using the ‘Q-word’ (COM(2012) 614 final). The Commission bases its proposal on Art. 157(3)TFEU which empowers the EU to adopt ‘measures to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation’. The proposed Directive requires that ‘Member States shall ensure that listed companies in whose boards members of the under-represented sex hold less than 40 percent of the non-executive director positions make the appointments to those positions on the basis of a comparative analysis of  the qualifications of each candidate, by applying pre-established, clear, neutrally formulated and unambiguous criteria, in order to attain the said percentage at the latest by 1 January 2020 or at the latest…

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Evidence Obtained by Torture: Is it Ever Admissible?

Natasha Simonsen is a graduate student in the Faculty of Law, University of Oxford Earlier this month, the UK’s Special Immigration Appeals Commission (‘SIAC’) ordered the release from detention of controversial Jordanian-born cleric Abu Qatada. SIAC held that he could not be deported to Jordan, because there was a ‘real risk’…

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The Maastricht Principles and Extraterritorial Obligations in the Area of ESC Rights: A Response to Margot Salomon

Cedric Ryngaert is Associate Professor of International Law at Leuven University and Utrecht University. He is the author of, among other publications, Jurisdiction in International Law (OUP 2008). The Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights, and the legal Commentary to…

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The Maastricht Principles on Extraterritorial Obligations in the Area of Economic, Social and Cultural Rights: An Overview of Positive ‘Obligations to Fulfil’

Margot E. Salomon is Senior Lecturer, Centre for the Study of Human Rights and Law Department, London School of Economics. She was a member of the 6-person drafting committee that prepared the Maastricht Principles and co-author, along with the other committee members, of the accompanying Commentary. This week Human Rights Quarterly…

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The Copenhagen Process: Principles and Guidelines

Jacques Hartmann is Lecturer in Law, Dundee Law School, Scotland. On 20 October the Danish Government published a set of ‘Principles and Guidelines’ on the handling of detainees in international military operations. The Principles addresses uncertainties surrounding the legal basis for detention and the treatment of detainees during military operations in…

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