October 2010.
A brief round-up/update on what´s been going on.
1. The Inter-American Court of Human Rights issued its judgments in the decisions of Valentina Rosendo Cantu and Ines Fernandez Ortega. Two indigenous women who were raped by State agents in Guerrero, Mexico. The Court followed international jurisprudence and found the Mexican state responsible for rape as torture. In the Cantu case, the Court noted the special vulnerability of the girl child and minorities (she was 17 when the facts occured) and in Fernandez case, the Court highlighted the aggravating factor of having been watched while being raped. The decisions are well worth reading and form part of the growing jurisprudence of the Inter American Court on gender based violence (think Penal Castro and Campo Algodonero) and on reparations. The Court in the Fernandez case ordered the government to provide her children with scholarships for education. This holistic approach to reparations is something that the Strasbourg court could learn from.
The decision also forms part of a wider trend globally in issuing positive decisions on women´s rights. The CEDAW committee finally published its new decision/recommendation on the definition of rape in the Philippines case. Argentina has condemned a former military official for rape as torture and the ECHR has been busy classifying gender violence as gender discrimination. Perhaps, CEDAW is finally coming into its own and influencing judicial decisions?
2. The European Court of Human Rights recently answered the question of whether equal rights for mothers and fathers should exist in the military? In Konstatin Markin v. Russia the Court refuses to accept the Russian government´s assertion that the difference between men and women means that it can differentiate and discriminate against father´s based on sex. Instead the Court draws a difference between maternity leave, that is, leave necessary for the mother´s recuperation and parental leave, which is to care for the baby more generally. The Court found a violation of Article 14 in conjunction with Article 8. Full summary here: http://echrblog.blogspot.com/
3. Sometimes I ask myself why I continue to read articles on ´dont ask, dont tell´. I mean, gay men, lesbians and trans persons suffer horrific violence and discrimination in many parts of the world which fail to gain nearly a 10th of the media attention that the US discriminatory military policy has garnered. However, I did read an interesting article in Slate (here http://www.slate.com/id/2270940/) on how ´gayness´is proven in the proceedings. This is interesting from a refugee point of view. How does one exactly prove one´s sexual orientation? The answer of course in the US is pictures, photos, witnesses, emails etc. Most of these means are not those easily accessible for asylum seekers who have had to live their lives in fear. Of course the best form of evidence is if the soldier ´comes out´. Why is it that it is totally believable if a soldier comes out but not if an asylum seeker asserts that he or she has a well founded fear of persecution based on a particular social group because he or she is gay?
Another interesting thing I took from the Slate article was the defence of ´queen for a day´. The reason why don´t ask, don´t tell remains an interesting battle is that it is not just about the military. Its about being able to be who you are, out and proud in any situation. No one should be asked to be discreet about their sexual orientation. The Courts have recognised that for the purposes of refugee law (HT and HJ v Sec of State for the Home Dept). If don´t ask, don´t tell can learn that from refugee law, perhaps refugee law should learn to give more credibility to those who risk coming out.
4. A final interesting development this week has been the decision of the COlombian Constitutional COurt in asserting that women´s human rights includes sexual pleasure. More information here http://www.caracol.com.co/nota.aspx?id=1371477.
viernes, 15 de octubre de 2010
miércoles, 1 de septiembre de 2010
Trafficking of men for men from Brazil to Spain.
Yesterday in Spain, the police dismantled a trafficking network, bringing young men into Spain from Brazil to force them to have sex with men. 80 men were tricked into coming to Spain, some who believed that they would be working as dancers or models, while others knew that they would work in the sex trade but did not know the conditions (tiny apartments, having to be constantly available for sex, continuous consumption of viagra, poppers and drugs etc). The men were told once they arrived that they would have to give half their earnings to the traffickers and pay back a debt of 4,000 e. (See los hombres tambien sufren exploitacion sexual en España http://www.elpais.com/articulo/sociedad/hombres/sufren/explotacion/sexual/Espana/elpepisoc/20100901elpepisoc_2/Tes)
Today el Publico, a left leaning paper published this article entitled ´la trata de hombres con fines sexuales es residual´. (see here http://www.publico.es/espana/334454/trata/hombres/fi/nes/sexuales/residual). While numbers of men trafficked into Europe for sexual exploitation by men are no doubt minimal as noted by Apramp, the focus of the article is worrying. Why highlight the fact that this type of trafficking is minimal instead of carrying out greater investigative journalism into the situation of those trafficked into Spain? Publico did not mention that the trafficking network had also trafficked Brazilian women and transsexuals into the country. More interesting, would have been to link the trafficking of these Brazilian men to the situation of children trafficked into Spain from Morocoo for purposes of sexual exploitation, girls and boys, for men. How many young men working in the sex industry in Spain were forced into prostitution while under age? Why are the majority of male sex workers, much like female sex workers, migrants?
Over dinner last night, some friends asked me if any trafficking networks had been uncovered of persons trafficked for sexual exploitation to have sex with women in Spain. In other words, are men and women trafficked into Spain for the sexual pleasure of women? I had to answer no. There is a fine line of course where exploitation of domestic workers is concerned; women may not directly sexually exploit a victim of trafficking but they may contribute to it in their mistreatment and by holding domestic workers in their house in servitude (see Siliadin v. France, although in this case sexual abuse was not at issue). Other women, in the form of Madams, form part of trafficking networks to ´protect´ and control the girls. However, these women, who find themselves apprehended by law enforcement more readily than male traffickers, are often victims of trafficking themselves, simply trying to work themselves out of a chain of exploitation.
The fact is that human trafficking and all the violence that goes with it remains a multi billion dollar business because we excuse the sexism and racism so prevalent in the sex industry, whether in porn or in prostitution. We fail, like in the Publico article, to ask important questions about the demand and ask why men who visit prostitutes are able to commit acts of violence with impunity. We do not criticise the demand and punish it, like in Sweden. Instead, an onerique belief still exists in Spain that people work in the sex trade because they ALL want to and therefore, puti clubs (brothels) should exist all along highways. There is still a lack of awareness as to the difference between trafficking and prostitution (for example it is common that the words trata (trafficking) and trafico (smuggling) are used interchangeably.
What is urgently needed is greater dialogue and resources invested into variable exist strategies for those who wish to leave the sex trade and for habilitation of victims of trafficking. There should also be responsibility (even strict?) on punters to ensure that prostitutes are not victims of trafficking, including a responsibility on the part of newspapers to ensure that the ads do not advertise services of those who have been trafficked. Finally, amongst the many other measures which could be taken, a crack down on violence against sex workers and greater education for society in general on issues around racism, sexism and sexual health is urgently necessary.
If those who visit sex workers really and truly do believe it is a choice, then these measures should be welcome. Violence is violence and rape is rape whether one is a sex worker or a judge and human rights surely aren´t contingent on a person´s social situation, immigration status or employment.
Today el Publico, a left leaning paper published this article entitled ´la trata de hombres con fines sexuales es residual´. (see here http://www.publico.es/espana/334454/trata/hombres/fi/nes/sexuales/residual). While numbers of men trafficked into Europe for sexual exploitation by men are no doubt minimal as noted by Apramp, the focus of the article is worrying. Why highlight the fact that this type of trafficking is minimal instead of carrying out greater investigative journalism into the situation of those trafficked into Spain? Publico did not mention that the trafficking network had also trafficked Brazilian women and transsexuals into the country. More interesting, would have been to link the trafficking of these Brazilian men to the situation of children trafficked into Spain from Morocoo for purposes of sexual exploitation, girls and boys, for men. How many young men working in the sex industry in Spain were forced into prostitution while under age? Why are the majority of male sex workers, much like female sex workers, migrants?
Over dinner last night, some friends asked me if any trafficking networks had been uncovered of persons trafficked for sexual exploitation to have sex with women in Spain. In other words, are men and women trafficked into Spain for the sexual pleasure of women? I had to answer no. There is a fine line of course where exploitation of domestic workers is concerned; women may not directly sexually exploit a victim of trafficking but they may contribute to it in their mistreatment and by holding domestic workers in their house in servitude (see Siliadin v. France, although in this case sexual abuse was not at issue). Other women, in the form of Madams, form part of trafficking networks to ´protect´ and control the girls. However, these women, who find themselves apprehended by law enforcement more readily than male traffickers, are often victims of trafficking themselves, simply trying to work themselves out of a chain of exploitation.
The fact is that human trafficking and all the violence that goes with it remains a multi billion dollar business because we excuse the sexism and racism so prevalent in the sex industry, whether in porn or in prostitution. We fail, like in the Publico article, to ask important questions about the demand and ask why men who visit prostitutes are able to commit acts of violence with impunity. We do not criticise the demand and punish it, like in Sweden. Instead, an onerique belief still exists in Spain that people work in the sex trade because they ALL want to and therefore, puti clubs (brothels) should exist all along highways. There is still a lack of awareness as to the difference between trafficking and prostitution (for example it is common that the words trata (trafficking) and trafico (smuggling) are used interchangeably.
What is urgently needed is greater dialogue and resources invested into variable exist strategies for those who wish to leave the sex trade and for habilitation of victims of trafficking. There should also be responsibility (even strict?) on punters to ensure that prostitutes are not victims of trafficking, including a responsibility on the part of newspapers to ensure that the ads do not advertise services of those who have been trafficked. Finally, amongst the many other measures which could be taken, a crack down on violence against sex workers and greater education for society in general on issues around racism, sexism and sexual health is urgently necessary.
If those who visit sex workers really and truly do believe it is a choice, then these measures should be welcome. Violence is violence and rape is rape whether one is a sex worker or a judge and human rights surely aren´t contingent on a person´s social situation, immigration status or employment.
martes, 29 de junio de 2010
Finally, same sex couples are a family under the ECHR!
Pie de la Cuesta, México
After a rather succesful judicial training workshop in Cuernavaca in conjunction with the Gender Equality Division of the Supreme Court (with experts and speakers including former judges of the Colombian Supreme Court, Judge Karen Atala, Paula Viturro, Isabel Cristina Jaramillo, Maria Mercedes Gomez and many more), time for legal updates from a beach near Acapulco.
Judge Atala who spoke about her own case before the Inter-American Commission highlighted the Commission´s communication to Chile (unpublished) which clearly finds Chile in breach of the Convention and notes that its Supreme Court acted in a discriminatory way in upholding a judicial decision depriving the judge of custody of her children based on her sexual orientation (terrible judgment). The Commission noted that this was not in the best interests of the child. This line of reasoning closely follows that of the Suzanne du Toit case (on joint adoption in South Africa, coincidentally concerning a judge in that judicial system),in which the Constitutional Court of SA found that it was clearly in the best interests of the children to have two loving same sex parents.
This week also saw the ECtHR in Strasbourg making an important decision on same sex equality and marriage. While the Court refused to oblige the State of Austria to provide same sex marriage (lamentably), it did find that same sex couples come under the protection of Article 8 (family life) for the first time. The Court stated at paragraph 93 of the Shalk and Kopf case:
The Court notes that since 2001, when the decision in Mata Estevez was given, a rapid evolution of social attitudes towards same-sex couples has taken place in many member States. Since then a considerable number of member States have afforded legal recognition to same-sex couples (see above, paragraphs 27-30). Certain provisions of EU law also reflect a growing tendency to include same-sex couples in the notion of “family” (see paragraph 26 above).
94. In view of this evolution the Court considers it artificial to maintain the view that, in contrast to a different-sex couple, a same-sex couple cannot enjoy “family life” for the purposes of Article 8. Consequently the relationship of the applicants, a cohabiting same-sex couple living in a stable de facto partnership, falls within the notion of “family life”, just as the relationship of a different-sex couple in the same situation would.
A victory of sorts and important in countries such as Ireland that have still to recognise lesbian or gay couples as a family since the constitutional protection of family is only afforded to married couples, a man and woman (Cf case of McD v. L decided by the Supreme Court in December). Many more sexual orientation cases are currently pending before the ECtHR including Chapin & Carpentier v. France. For a slightly old but very comprehensive list of case law on sexual orientation and gender identity see the following document prepared by Robert Wintemute, the amicus prepared by the same lawyer is available online through Scribd.(http://www.cesd.eu/materiale%20convegno13%20giugno/pdf%20x%20sito%20web/Robert%20Wintemute%20%28approfondimento%29_en.pdf)
This week,the National Center for Lesbian rights also highlighted its victory in the case of Christian Legal Society v. Martinez, in which the Supreme Court of the US held that Hastings Law School was correct to oblige Christian groups to comply with non-discrimination measures. The Christian group had argued that they should be allowed to discriminate and exclude LGBT members and non Christian members on First Amendment grounds. Horrid people.
In other news about horrid people, (more specifically the Pope), the US Supreme Court refused to hear an immunity claim regarding sexual abuse, the case will now be sent back to Oregon District Court. This week, the Pope also condemned the Belgian authorities´ investigation of sexual abuse claims stating that it was ´surprising and deplorable´and that the Church authorities should be allowed to investigate. Oh dear. Another public communications failure and another legal failure - hasn´t anyone informed Ratface that his investigations are far from effective and that really the CHurch is unwilling or unable and that States have positive obligations to investigate and prosecute child abuse? I guess not, or maybe he just really doesn´t give a damn. This is clear, in their arguments in the Oregan case where the Vatican has stated that Father Ronan was not an employee and that the Church weren´t even aware of his existence until recently(strange argument). Sounds like this Pope really meant his apology to abuse victims.
If this last part has been depressing, I suggest that you watch some Maggie Cho, especially her jokes about the Pope. Here´s a short citation from her Assasin Dvd to make you chuckle...
The Pope talks so much shit. The Pope was castigating the media for making gays look normal. YEAH, you're a real GOOD judge of normal, with your gold dress and your matching gold hat, living it up in the Vatican with 500 men surrounded by the finest antiques in the world! Queen, please! You live like Versace did!
That´s all from Mexico.
After a rather succesful judicial training workshop in Cuernavaca in conjunction with the Gender Equality Division of the Supreme Court (with experts and speakers including former judges of the Colombian Supreme Court, Judge Karen Atala, Paula Viturro, Isabel Cristina Jaramillo, Maria Mercedes Gomez and many more), time for legal updates from a beach near Acapulco.
Judge Atala who spoke about her own case before the Inter-American Commission highlighted the Commission´s communication to Chile (unpublished) which clearly finds Chile in breach of the Convention and notes that its Supreme Court acted in a discriminatory way in upholding a judicial decision depriving the judge of custody of her children based on her sexual orientation (terrible judgment). The Commission noted that this was not in the best interests of the child. This line of reasoning closely follows that of the Suzanne du Toit case (on joint adoption in South Africa, coincidentally concerning a judge in that judicial system),in which the Constitutional Court of SA found that it was clearly in the best interests of the children to have two loving same sex parents.
This week also saw the ECtHR in Strasbourg making an important decision on same sex equality and marriage. While the Court refused to oblige the State of Austria to provide same sex marriage (lamentably), it did find that same sex couples come under the protection of Article 8 (family life) for the first time. The Court stated at paragraph 93 of the Shalk and Kopf case:
The Court notes that since 2001, when the decision in Mata Estevez was given, a rapid evolution of social attitudes towards same-sex couples has taken place in many member States. Since then a considerable number of member States have afforded legal recognition to same-sex couples (see above, paragraphs 27-30). Certain provisions of EU law also reflect a growing tendency to include same-sex couples in the notion of “family” (see paragraph 26 above).
94. In view of this evolution the Court considers it artificial to maintain the view that, in contrast to a different-sex couple, a same-sex couple cannot enjoy “family life” for the purposes of Article 8. Consequently the relationship of the applicants, a cohabiting same-sex couple living in a stable de facto partnership, falls within the notion of “family life”, just as the relationship of a different-sex couple in the same situation would.
A victory of sorts and important in countries such as Ireland that have still to recognise lesbian or gay couples as a family since the constitutional protection of family is only afforded to married couples, a man and woman (Cf case of McD v. L decided by the Supreme Court in December). Many more sexual orientation cases are currently pending before the ECtHR including Chapin & Carpentier v. France. For a slightly old but very comprehensive list of case law on sexual orientation and gender identity see the following document prepared by Robert Wintemute, the amicus prepared by the same lawyer is available online through Scribd.(http://www.cesd.eu/materiale%20convegno13%20giugno/pdf%20x%20sito%20web/Robert%20Wintemute%20%28approfondimento%29_en.pdf)
This week,the National Center for Lesbian rights also highlighted its victory in the case of Christian Legal Society v. Martinez, in which the Supreme Court of the US held that Hastings Law School was correct to oblige Christian groups to comply with non-discrimination measures. The Christian group had argued that they should be allowed to discriminate and exclude LGBT members and non Christian members on First Amendment grounds. Horrid people.
In other news about horrid people, (more specifically the Pope), the US Supreme Court refused to hear an immunity claim regarding sexual abuse, the case will now be sent back to Oregon District Court. This week, the Pope also condemned the Belgian authorities´ investigation of sexual abuse claims stating that it was ´surprising and deplorable´and that the Church authorities should be allowed to investigate. Oh dear. Another public communications failure and another legal failure - hasn´t anyone informed Ratface that his investigations are far from effective and that really the CHurch is unwilling or unable and that States have positive obligations to investigate and prosecute child abuse? I guess not, or maybe he just really doesn´t give a damn. This is clear, in their arguments in the Oregan case where the Vatican has stated that Father Ronan was not an employee and that the Church weren´t even aware of his existence until recently(strange argument). Sounds like this Pope really meant his apology to abuse victims.
If this last part has been depressing, I suggest that you watch some Maggie Cho, especially her jokes about the Pope. Here´s a short citation from her Assasin Dvd to make you chuckle...
The Pope talks so much shit. The Pope was castigating the media for making gays look normal. YEAH, you're a real GOOD judge of normal, with your gold dress and your matching gold hat, living it up in the Vatican with 500 men surrounded by the finest antiques in the world! Queen, please! You live like Versace did!
That´s all from Mexico.
jueves, 10 de junio de 2010
Ending impunity for serious crimes
Bravo for Justice!
Today has been a particularly exciting day for international criminal law and the national prosecution of serious crimes. National prosecutions of crimes against humanity and other 'core' international crimes is necessary under the complementarity principle of the Rome Statute, which clearly states that national courts have the primary responsibility for trying these crimes. The issue of complementarity has been one of the themes under disussion at the ICC Kampala Conference.
1. the first mention goes to the ICTY, established by a security council resolution and now winding up its work as other national war crimes tribunals take over the work (such as the mixed Supreme Court of Kosovo and BiH). In the largest case ever to come before the Tribunal, the judges found the accused guilty of genocide - amongst 7 other things and ordered two life sentences. The finding of genocide for the events in Srebenica is particularly important given the Karadzic trial. A summary of the decision in Popovic et al can be found here: http://www.icty.org/x/cases/popovic/tjug/en/100610summary.pdf
2. Now if that wasn't enough excitement, latin american national courts have been breaking new ground in prosecuting former high ranking military officials for crimes committed during dictatorships and peace time. Spearheaded by Chile, Argentina and Colombia are following suit. The Tribunal Oral Federal 1 de Mar del Plata, condemned the former commander of a secret detention center (La Cueva) to life imprisonment for inter alia 32 kidnappings, 2 murders and 5 rapes as crimes against humanity. This is a landmark decision given the widespread gender based crimes committed during the Argentine Dirty War and the impunity that has reigned since the laws of debida obediencia and punto final. Argentine national courts have since held that amnesty laws were illegal and have been holding trials to ensure those responsible for approx 30,000 forced disappearances, torture in the various detention centres, including La Esma, and now gender based crimes, are held to account.
More info here: http://www.pagina12.com.ar/diario/elpais/1-147292-2010-06-10.html
3. Although much attention has been furnished on the situation in Colombia during the Kampala Conference in relation to investigation by the ICC, (see this document on victims and reparations by Eduardo Pizarro Leongómez http://www.icc-cpi.int/iccdocs/asp_docs/RC2010/Stocktaking/V-M.2.Doc%20CNRR-Pizarro.pdf), front page news in Colombia has been focusing on the conviction of Colonel Luis Alfonso Plazas Vega for the disappearances of 11 civilians during the attack on the Palacio de Justicia in 1985. This event took place in the context of a siege on the Colombian Supreme Court in which members of a guerilla group took the court hostage. After a military raid, all the guerillas were killed as well as 11 of the Supreme Court Justices. Let's hope that this trial leads to true prosecutions for more recent events, including prosecution of those responsible for widespread gender based violence perpetrated in the context of an armed conflict involving the Farc, paramilitaries and the armed forces. Unbelievably, the Office for the attorney general *procurador general* which is responsible for ensuring compliance with human rights is appealing the decision.
more info here:
(http://www.elespectador.com/noticias/judicial/articulo-207329-condenan-30-anos-de-prision-coronel-r-plazas-holocausto-del-palacio).
4. Now to another dear little corner of the world: the Saville Report on Northern Ireland, has been published after 12 years! The report finds that the deaths of civilians, shot by British soldiers, were unlawful. Not a shocker really. Thirteen unarmed civilians, all of them male, were shot dead at a civil rights march in the Bogside area of Derry in January 1972. A 14th man died of his wounds several months later. Pressure will now be placed on the Public Prosecution Service to prosecute the soldiers responsible.
more info: http://www.guardian.co.uk/uk/2010/jun/10/bloody-sunday-inquiry-northern-ireland
5. Finally, a quick mention about a decision of the Grand Chamber in Kononov v. Latvia (17 May 2010) in which the Court found that the prosecution of Kononov for war crimes in the Latvian Courts did not violate Article 7 of the Convention, given that war crimes were well established by the 1940s in international law. Convictions can therefore be based in international law, mening that national law is not acting in an ex post facto manner. The Court also highlighted that gender based crimes, specifically the protection of pregnant women, has been recognised in international law since 1863. The decision means that war criminals will be held accountable under international legal standards and confirms the trend in international customary law to hold amnesties unaccountable.
That's all for now.
Today has been a particularly exciting day for international criminal law and the national prosecution of serious crimes. National prosecutions of crimes against humanity and other 'core' international crimes is necessary under the complementarity principle of the Rome Statute, which clearly states that national courts have the primary responsibility for trying these crimes. The issue of complementarity has been one of the themes under disussion at the ICC Kampala Conference.
1. the first mention goes to the ICTY, established by a security council resolution and now winding up its work as other national war crimes tribunals take over the work (such as the mixed Supreme Court of Kosovo and BiH). In the largest case ever to come before the Tribunal, the judges found the accused guilty of genocide - amongst 7 other things and ordered two life sentences. The finding of genocide for the events in Srebenica is particularly important given the Karadzic trial. A summary of the decision in Popovic et al can be found here: http://www.icty.org/x/cases/popovic/tjug/en/100610summary.pdf
2. Now if that wasn't enough excitement, latin american national courts have been breaking new ground in prosecuting former high ranking military officials for crimes committed during dictatorships and peace time. Spearheaded by Chile, Argentina and Colombia are following suit. The Tribunal Oral Federal 1 de Mar del Plata, condemned the former commander of a secret detention center (La Cueva) to life imprisonment for inter alia 32 kidnappings, 2 murders and 5 rapes as crimes against humanity. This is a landmark decision given the widespread gender based crimes committed during the Argentine Dirty War and the impunity that has reigned since the laws of debida obediencia and punto final. Argentine national courts have since held that amnesty laws were illegal and have been holding trials to ensure those responsible for approx 30,000 forced disappearances, torture in the various detention centres, including La Esma, and now gender based crimes, are held to account.
More info here: http://www.pagina12.com.ar/diario/elpais/1-147292-2010-06-10.html
3. Although much attention has been furnished on the situation in Colombia during the Kampala Conference in relation to investigation by the ICC, (see this document on victims and reparations by Eduardo Pizarro Leongómez http://www.icc-cpi.int/iccdocs/asp_docs/RC2010/Stocktaking/V-M.2.Doc%20CNRR-Pizarro.pdf), front page news in Colombia has been focusing on the conviction of Colonel Luis Alfonso Plazas Vega for the disappearances of 11 civilians during the attack on the Palacio de Justicia in 1985. This event took place in the context of a siege on the Colombian Supreme Court in which members of a guerilla group took the court hostage. After a military raid, all the guerillas were killed as well as 11 of the Supreme Court Justices. Let's hope that this trial leads to true prosecutions for more recent events, including prosecution of those responsible for widespread gender based violence perpetrated in the context of an armed conflict involving the Farc, paramilitaries and the armed forces. Unbelievably, the Office for the attorney general *procurador general* which is responsible for ensuring compliance with human rights is appealing the decision.
more info here:
(http://www.elespectador.com/noticias/judicial/articulo-207329-condenan-30-anos-de-prision-coronel-r-plazas-holocausto-del-palacio).
4. Now to another dear little corner of the world: the Saville Report on Northern Ireland, has been published after 12 years! The report finds that the deaths of civilians, shot by British soldiers, were unlawful. Not a shocker really. Thirteen unarmed civilians, all of them male, were shot dead at a civil rights march in the Bogside area of Derry in January 1972. A 14th man died of his wounds several months later. Pressure will now be placed on the Public Prosecution Service to prosecute the soldiers responsible.
more info: http://www.guardian.co.uk/uk/2010/jun/10/bloody-sunday-inquiry-northern-ireland
5. Finally, a quick mention about a decision of the Grand Chamber in Kononov v. Latvia (17 May 2010) in which the Court found that the prosecution of Kononov for war crimes in the Latvian Courts did not violate Article 7 of the Convention, given that war crimes were well established by the 1940s in international law. Convictions can therefore be based in international law, mening that national law is not acting in an ex post facto manner. The Court also highlighted that gender based crimes, specifically the protection of pregnant women, has been recognised in international law since 1863. The decision means that war criminals will be held accountable under international legal standards and confirms the trend in international customary law to hold amnesties unaccountable.
That's all for now.
domingo, 4 de abril de 2010
April Update
A few short updates to bring in the Spring season and the month of April.
1. The first international congress on gender identity and human rights, organized by human rights watch, will be taking place in Barcelona from the 4th- 6th of June. Trans, LGBT activists and other interested persons can sign up here: http://www.congenid.org/en/
The objective of the conference according to the website:
The idea of performing for the first time, a global conference with transgender people, by transgender people and for transgender people, aims as final target to gather and give voice to a group sparsely represented in society, to hear for the first time, with the participation of members around the world and from all cultures, an overall consideration of their problems, demands and proposed solutions. And finally, the adoption of a basic document addressed to the States, international organizations, associations and NGOs to serve as a working paper, line orientation and objectives document in the implementation of legislative policy and human rights protection to be applied to the Group of transgender people.
2. Margot Wallstorm, the former vice president of the European Commission will be taking up her role this month as the first UN envoy for sexual violence in war. Her appointment perhaps can be seen as a political compromise given her significant political experience but lack of much gender violence expertise. Remember Carla del Ponte had no international criminal experience before becoming the Prosecutor for the ICTY and ICTR. Her nomination was due to the fact that Switzerland was one of the only acceptable countries since they were non-Nato. Wallstorm seems excited and committed to the position, lets hope the 'people's commissioner' includes a victim or survivor centred approach during her two year mandate and fosters greater dialogue between all parties concerned in order to stop impunity for rape and violence against women.
3. I have just finished reading 'Living Dolls: the Return of Sexism' by Natasha Walter. There are a few new feminist books on the shelves in British bookstores and this book has received quite a lot of media attention in the UK. The book discusses the hypersexualisation of British society and the class division which allows this to be possible/feeds it. It examines the role of pornography, lap dancing clubs, prostitution and new biological determinism in our society which reinforces sexist stereotypes and prevents women and men from achieving true equality. The book is an easy read and a nice mainstream feminist work but Walter's fails to provide solutions to the problems that she identifies. The work is rather superficial and relies on popular culture failing to tackle more complicated issues such as inter-sectional discrimination or violence against women. Her caveat at the start of the book - that it deals with Western heterosexual feminism - is true to its word. New problematic issues such as sex discrimination and harmful cultural practices, refugee and migrant issues, new reproductive technologies and sexual violence are glaring omissions. A british take on Ariel Levy's 'female chauvinist pigs' without the wit. Walters seems scared to offend - too 'disney feminism' for me personally, but worth a flick true if your stuck on a train.
4. I also went to see 3 short ballet's this week at the Royal Opera House choreographed by Macmillan. The middle short was called the 'Judas Tree' and depicted the gang rape of a woman in a dance with 13 men. It was the last ballet created by Sir Kenneth Macmillan before he died and is one of the most controversial pieces of modern ballet to be shown at the Opera House. You can catch it until the 15th April and book tickets here: http://www.roh.org.uk/whatson/production.aspx?pid=11394
and read a critique of the ballet here: http://www.independent.co.uk/arts-entertainment/theatre-dance/features/gang-rape-murder-suicideis-the-judas-tree-the-most-barbarous-ballet-of-modern-times-1922946.html
lunes, 15 de marzo de 2010
Hate Crimes in Argentina, Law Grrls Excitement and Jornadas de Mujer
Today has been a very exciting day in my life. First and foremost, IntLawGrrls blogged about the Nicaragua abortion case and cited the press release of Women's Link Worldwide. In this case the Inter American Commission ordered that Nicaragua had to take interim measures to save the life of 'Amalia', a pregnant woman with cancer who was refused an abortion and cancer treatment in Nicaragua. Check out the posting here: http://intlawgrrls.blogspot.com/2010/03/therapeutic-abortion-in-nicaragua-cont.html
Secondly, I accompanied my boss to talk about Women's Link at the compultense in Madrid in the Jornadas de Mujer where we spoke about what we do. This was rather random but it was rather apt since today the nominations close for the Gender Justice Uncovered Awards!!! This means now that its just about voting for the best and worst gender justice decisions. There's a public vote and a vote of the jury. I can't wait to start getting the videos together!
Thirdly, its exciting because there's a festival in Madrid at the moment called Ellas Crean 2010 and as a part of this I'm going to see Luz Casal in concert. The festival is a celebration of music, theatre, dance, art etc all created by women! Check out the video clip featured in High Heels the Almodovar movie. http://www.youtube.com/watch?v=83b_KNcduOk
Fourthly, tomorrow I might go to a feminist meeting/conference thing on alternative ways to think about the crisis from an anti-capitalist, environmental, feminist perspective. wow!
Finally, some sad news. I read today that in Argentina a woman was shot to death by her girlfriend's step father for being a lesbian. Hate crime based on gender and sexual orientation. You can read more in Spanish here: http://www.kaosenlared.net/noticia/argentina-otro-crimen-odio-fusilada-lesbiana
Ok this hasn't been much about international law but there goes.
Secondly, I accompanied my boss to talk about Women's Link at the compultense in Madrid in the Jornadas de Mujer where we spoke about what we do. This was rather random but it was rather apt since today the nominations close for the Gender Justice Uncovered Awards!!! This means now that its just about voting for the best and worst gender justice decisions. There's a public vote and a vote of the jury. I can't wait to start getting the videos together!
Thirdly, its exciting because there's a festival in Madrid at the moment called Ellas Crean 2010 and as a part of this I'm going to see Luz Casal in concert. The festival is a celebration of music, theatre, dance, art etc all created by women! Check out the video clip featured in High Heels the Almodovar movie. http://www.youtube.com/watch?v=83b_KNcduOk
Fourthly, tomorrow I might go to a feminist meeting/conference thing on alternative ways to think about the crisis from an anti-capitalist, environmental, feminist perspective. wow!
Finally, some sad news. I read today that in Argentina a woman was shot to death by her girlfriend's step father for being a lesbian. Hate crime based on gender and sexual orientation. You can read more in Spanish here: http://www.kaosenlared.net/noticia/argentina-otro-crimen-odio-fusilada-lesbiana
Ok this hasn't been much about international law but there goes.
miércoles, 3 de marzo de 2010
I congreso de genero y asilo en Spain
Last week, I went to Bilbao to the Ist Congress of Asylum and Gender Based Persecution organized by CEAR-Euskadi. The experts addressed asylum claims of gender based persecution (as a particular social group) in Spain. Amongst the subjects addressed were, feminicidio in Cuidad Juarez in Mexico, sexual and reproductive rights in Colombia, the particular problems of obtaining asylum for lesbians and transsexuals who have a well-founded fear of persecution based on their sexual orientation-identity and human trafficking. The conference highlighted cases such as that of a lesbian woman from Cameroon who was denied asylum in spain. The judge rejected her application on the grounds that she was pregnant, even though the pregnancy was the result of rape at the hands of Moroccan trafficking gangs after she fled Cameroon. Much work still to be done!
Karen Musalo, American lawyer and academic of Hastings Law School (Center for Gender and Refugee Studies), who brought Re Kasinga and Re R.A, gave her speech on gender based persecution under US asylum law. Karen Musalo´s presentation highlighted the importance of establishing precedent under the US system and the stark difference in numbers between the US and Spain in accepting gender based asylum claims.
Of course, apart from Re Kasinga, gender based persecution is now well recognised in international, regional and national law. Think, Shah and Islam, Fornah and K (both UK cases, Jebari v Turkey (ECHR) and UNCHR Gender Guidelines.
My other recent thoughts are on law and film. Recently I have been working my way down the list of top 25 law movies according to the American bar Association. movies such as Karmer v. Karmer, 12 Angry Men, To Kill a Mockingbird all appear on the list (here: http://www.abajournal.com/magazine/article/the_25_greatest_legal_movies/)
Obviously, the list is rather common-law centric and some fantastic legal and human rights movies/documentaries are missing. But it did remind me of one of my favourite quotations from Philadephia:
Joe Miller: What do you love about the law, Andrew?
Andrew Beckett: I... many things... uh... uh... What I love the most about the law?
Joe Miller: Yeah.
Andrew Beckett: It's that every now and again - not often, but occasionally - you get to be a part of justice being done. That really is quite a thrill when that happens.
So true..
Karen Musalo, American lawyer and academic of Hastings Law School (Center for Gender and Refugee Studies), who brought Re Kasinga and Re R.A, gave her speech on gender based persecution under US asylum law. Karen Musalo´s presentation highlighted the importance of establishing precedent under the US system and the stark difference in numbers between the US and Spain in accepting gender based asylum claims.
Of course, apart from Re Kasinga, gender based persecution is now well recognised in international, regional and national law. Think, Shah and Islam, Fornah and K (both UK cases, Jebari v Turkey (ECHR) and UNCHR Gender Guidelines.
My other recent thoughts are on law and film. Recently I have been working my way down the list of top 25 law movies according to the American bar Association. movies such as Karmer v. Karmer, 12 Angry Men, To Kill a Mockingbird all appear on the list (here: http://www.abajournal.com/magazine/article/the_25_greatest_legal_movies/)
Obviously, the list is rather common-law centric and some fantastic legal and human rights movies/documentaries are missing. But it did remind me of one of my favourite quotations from Philadephia:
Joe Miller: What do you love about the law, Andrew?
Andrew Beckett: I... many things... uh... uh... What I love the most about the law?
Joe Miller: Yeah.
Andrew Beckett: It's that every now and again - not often, but occasionally - you get to be a part of justice being done. That really is quite a thrill when that happens.
So true..
lunes, 22 de febrero de 2010
February Update
There's been lots of legal excitement recently. Anyone who follows ECHR blog would know that there's a new article on the ECHR and gays! All the more exciting because on the 25th of February the Court will hear Schalk and Kopf v. Austria, about a same sex couple who were refused marriage and who are claiming that Austrian authorities violated their rights under Article 12 and Article 14 taken in conjunction with Article 8.
Although the Court has recognised the right to non-discrimination of same sex couples in Karner v Austria, it has not gone as far as recognise same sex couples as a de facto family. The Court has recognised all sorts of families (including transsexuals who have a right to marry under the Convention - Christine Goodwin) and therefore, granting same sex couples the same rights is a logical step. The Court in 2008, overturned its decision of Frette v. France and the case of EB v France to hold that homosexuals cannot be discriminated against when single parent adoption is made available by legislation. The Court seems to be narrowing the margin of appreciation in relation to morals in certain matters where there is a growing or international consensus (see recent violation of Article 10 case in Akvas v Turkey, about literature and patrimoine europeenne).
Of course, the above topic is particularly on my mind today after participating in the TCD student law colloquium in Dublin. The inaugural lecture was given by Justice Catherine McGuinness who spoke about children's rights under the Irish Constitution. Her speech included a brief discussion of McD v L: the Supreme Court in this case found that lesbians were not a family under the Irish constitution and that a sperm donor had access to the child. The Supreme Court in Ireland is also due to hear the appeal from Zappone and Gilligan v Tax Revenue Commissioners about two lesbians wishing to have their Canadian marriage recognised in Ireland.
The decision of the ECHR will thus have great repercussions in Ireland and in the Member states in general who are still refusing to guarantee and respect fundamental equality rights.
Something else at the conference also struck me: the ratio of female to male speakers. Although some panels tended to be more female or male than others, in general, the organizers had ensured a gender balance of speakers and chairs of each panel. This of course, didn't guarantee that gender issues were always considered, although on my panel chaired by Prof Sandeep Gopolan, I was happy that one of the other panelists spoke about child soldiers and especially about the invisibility of the girl child in disarmament and reintegration programmes. The Lubanga trial featured in both the international law panel and the international post-conflict panel, and the critiques of the lack of charging for sexual slavery is welcome.
On the whole, the event was a success and an opportunity to see many familiar faces and some new ones too. Topics ranging from Crucifixes and Minarets (Ciara M. CoE), facebook consent agreements (Oisin T. tcd) etc. made for lively discussion during, but most of all, afterwards during the law school reception!
Although the Court has recognised the right to non-discrimination of same sex couples in Karner v Austria, it has not gone as far as recognise same sex couples as a de facto family. The Court has recognised all sorts of families (including transsexuals who have a right to marry under the Convention - Christine Goodwin) and therefore, granting same sex couples the same rights is a logical step. The Court in 2008, overturned its decision of Frette v. France and the case of EB v France to hold that homosexuals cannot be discriminated against when single parent adoption is made available by legislation. The Court seems to be narrowing the margin of appreciation in relation to morals in certain matters where there is a growing or international consensus (see recent violation of Article 10 case in Akvas v Turkey, about literature and patrimoine europeenne).
Of course, the above topic is particularly on my mind today after participating in the TCD student law colloquium in Dublin. The inaugural lecture was given by Justice Catherine McGuinness who spoke about children's rights under the Irish Constitution. Her speech included a brief discussion of McD v L: the Supreme Court in this case found that lesbians were not a family under the Irish constitution and that a sperm donor had access to the child. The Supreme Court in Ireland is also due to hear the appeal from Zappone and Gilligan v Tax Revenue Commissioners about two lesbians wishing to have their Canadian marriage recognised in Ireland.
The decision of the ECHR will thus have great repercussions in Ireland and in the Member states in general who are still refusing to guarantee and respect fundamental equality rights.
Something else at the conference also struck me: the ratio of female to male speakers. Although some panels tended to be more female or male than others, in general, the organizers had ensured a gender balance of speakers and chairs of each panel. This of course, didn't guarantee that gender issues were always considered, although on my panel chaired by Prof Sandeep Gopolan, I was happy that one of the other panelists spoke about child soldiers and especially about the invisibility of the girl child in disarmament and reintegration programmes. The Lubanga trial featured in both the international law panel and the international post-conflict panel, and the critiques of the lack of charging for sexual slavery is welcome.
On the whole, the event was a success and an opportunity to see many familiar faces and some new ones too. Topics ranging from Crucifixes and Minarets (Ciara M. CoE), facebook consent agreements (Oisin T. tcd) etc. made for lively discussion during, but most of all, afterwards during the law school reception!
miércoles, 20 de enero de 2010
Laramie Project
The other day, I sat down to watch the Laramie Project for the first time. The film documents the story of Matthew Shepherd: a homosexual teenager who was tortured and murdered in a small American town, Laramie, Wyoming. There´s an all star tv cast (think Grey´s Anatomy, Christina Appleton, Joshua Jackson, some of the actors from the Coen brother movies, etc.)
The film proceeds through a series of interviews and it becomes increasingly clear that the murder of ´Matt´, as he was known to his friends, was a hate crime. He was killed because he was gay. The discrimination and fear felt by many members of the ´gay community´in Laramie was very tragic but it was not limited to Laramie, the feeling spread right across America. While the video footage showed the thousands of gay and lesbians protesting on the streets around the US, I realised what a powerful lobby the gay rights movement was becoming. Gays were finally standing up for their rights and demanding to be treated like equal citizens. The death and tragedy of one young man affected hundreds, thousands, in the US and across the globe. After all, hate crimes against homosexuals routinely occur in many countries and in an estimated 80 countries homosexuality remains illegal.
Laramie was a turning point for gay rights in America. Now gay activists concentrate on Prop 8 and obtaining equal marriage rights. Even Ted Olson, former solicitor general of Bush is fighting for gay marriage in California. Matthew Shepherd did not die in vain.
After watching the movie, I turned on the news. The first item I saw and which was briefly mentioned, was the savage murder of a young woman by two men in Spain. The news finished. Nothing more happened. The national press didn´t swoop down in the small town where it happened. People all over the country, all over the world didn´t mourn for her death, Ellen de Generes didn´t address a massive rally, and Bill Clinton or Zapatero didn´t call for an end to hate. Her death, demonstrates the extent to which we have normalised domestic violence and the murder of women by violent partners around the world. If we were to march in our thousands every time a woman is killed or tortured due to her gender by a violent partner or a stranger, we would be constantly on the street, we would be in constant mourning. Yet we choose, as society to ignore the fact that this violence is caused by systematic discrimination against women.
The second lesson we are yet to learn from Laramie is that gay rights and women´s rights go together. Both LGBTI and women are looking to change the dynamics of gender roles. When a person transgresses these barriers then they are punished by society. Its time to put a stop to this, join forces and ensure equality for all.
The film proceeds through a series of interviews and it becomes increasingly clear that the murder of ´Matt´, as he was known to his friends, was a hate crime. He was killed because he was gay. The discrimination and fear felt by many members of the ´gay community´in Laramie was very tragic but it was not limited to Laramie, the feeling spread right across America. While the video footage showed the thousands of gay and lesbians protesting on the streets around the US, I realised what a powerful lobby the gay rights movement was becoming. Gays were finally standing up for their rights and demanding to be treated like equal citizens. The death and tragedy of one young man affected hundreds, thousands, in the US and across the globe. After all, hate crimes against homosexuals routinely occur in many countries and in an estimated 80 countries homosexuality remains illegal.
Laramie was a turning point for gay rights in America. Now gay activists concentrate on Prop 8 and obtaining equal marriage rights. Even Ted Olson, former solicitor general of Bush is fighting for gay marriage in California. Matthew Shepherd did not die in vain.
After watching the movie, I turned on the news. The first item I saw and which was briefly mentioned, was the savage murder of a young woman by two men in Spain. The news finished. Nothing more happened. The national press didn´t swoop down in the small town where it happened. People all over the country, all over the world didn´t mourn for her death, Ellen de Generes didn´t address a massive rally, and Bill Clinton or Zapatero didn´t call for an end to hate. Her death, demonstrates the extent to which we have normalised domestic violence and the murder of women by violent partners around the world. If we were to march in our thousands every time a woman is killed or tortured due to her gender by a violent partner or a stranger, we would be constantly on the street, we would be in constant mourning. Yet we choose, as society to ignore the fact that this violence is caused by systematic discrimination against women.
The second lesson we are yet to learn from Laramie is that gay rights and women´s rights go together. Both LGBTI and women are looking to change the dynamics of gender roles. When a person transgresses these barriers then they are punished by society. Its time to put a stop to this, join forces and ensure equality for all.
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