CEJIL

Message from Viviana Krsticevic on the case of Expelled Dominican and Haitian Persons vs. the Dominican Republic ruling

As a result of over a decade of international litigation, it was possible to establish that the individuals we represented were expelled from their own country in violation of the rights granted by the American Convention and other international human rights treaties because of the color of their skin.

Fri, 10/24/2014

I want to share my joy at the decision made by the Inter-American Court of Human Rights in the case of Expelled Dominican and Haitian Persons vs. the Dominican Republic.
 
The Court clarified several issues of great importance to the country and the continent: the scope of the right to nationality, the guarantee of equality and non-discrimination, the rights of persons born in the country and those who hold an irregular immigration status, among others.
 
As a result of over a decade of international litigation, it was possible to establish that the individuals we represented-17 out of 23 were Dominican, many of them children- were expelled from their own country in violation of the rights granted by the American Convention and other international human rights treaties because of the color of their skin.
 
The Inter-American Court examined in detail the practice, jurisprudence and legislation on migration, and reaffirmed what was mandated in the case of Yean and Bosico: the rules cannot be applied or interpreted as a way of limiting the right to citizenship of persons born in the country depending on the immigration status of their parents. More specifically, the Inter- American Court questioned the reasoning of the Constitutional Court (TC / 0168/13) in its decision on the matter, for its discriminatory effects and the possibility of making nearly two hundred thousand people stateless. Additionally, the Court stated that parts of the law that tries to solve the crisis of rights generated by the Constitutional Court should be rescinded, to the extent that it treats thousands of people as foreigners even if they were born in the Dominican Republic. The Court is clear in determining that the plaintiffs born in the country must have Dominican citizenship.
 
The Court has issued decisions on many countries and different situations. Decisions that are binding as established in the American Convention.
 
Several constitutional courts and supreme courts in the continent have changed their jurisprudence pursuant this jurisprudential dialogue and, sometimes, the control exercised by the Inter-American Court. In Argentina, Peru, Chile, Colombia, Mexico - among others -, there have been important steps in this direction. Moreover, countries such as Chile and Mexico have amended their own constitutions as a result of freedom of expression cases and serious violations of human rights.
 
Dominican Republic agreed to comply with the obligations established by the treaty in 1978, accepted the compulsory jurisdiction of the Court in 1999 and for 15 years has appeared before the Court and has in various ways expressed its interest in strengthening the protection international rights.
 
Therefore, our expectation and hope centers on the fact that the different branches of the government, starting with the highest authorities, will respond to the Court's decision with serenity and the democratic commitment to ensure human rights, fully complying with the sentence. We expect from Dominican Republic what we expect from the rest of the region. Neither more nor less. For those interested in the subject, I urge you to read the decision and support this work for dignity from various perspectives.
 
The decision expresses the vocation of the highest Court of Justice of the region as rights defender. It is not an accusation against the country or an affront to its sovereignty, but an exercise of safeguarding rights internationally. Despite the decision to reject the ruling announced yesterday by government authorities, we hope we can sit down soon with them to initiate a new phase of dialogue.
 
This is one of the moments where we remember, with longing and satisfaction, our friend and colleague, Sonia Pierre, who led in her life many of the debates and struggles against discrimination of Dominican-Haitians.

Summaries of Jurisprudence: Gender-based Violence. 2nd Edition Updated

CEJIL presents a new title to its collection of Summaries of Jurisprudence, this time dedicated to Gender Violence.

This publication includes a selection of texts of decisions from international human rights organs related to the protection of women victims of violence. The compilation provides a solid body of jurisprudence that allows one to obtain a broad panorama of the reality of women in a variety of contexts, revealing the indisputable relevance of gender violence in the world, even further than the advances in regulation material.

We hope that this will be a useful tool that contributes to the defense of human rights and the eradication of one of the most tolerated and silenced human rights violations as such is the violence exercised against women.


Type of publication:Compilation of jurisprudence
Full version available in:
Year: 2011
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Summaries of Jurisprudence: Health and Reproductive Rights

CEJIL is delighted to present a new book to its collection of Tools for the Protection of Human Rights: Summaries of Jurisprudence, this time dedicated to Health and Reproductive Rights.

The human rights protection bodies recognize the access to medical care, including reproductive health, as a basic right. Nonetheless, the decisions included in this volume illustrate some of the grave deficiencies in the effective enjoyment of these rights, directly affecting women’s right to choose regarding maternity, accessing health information, or to be respected in their autonomy and privacy, among others.

These pages compile decisions and judgments that constitute more relevant jurisprudence in relation to health and reproductive rights. We hope that this book will be a useful tool that contributes to the defense of those rights.


Type of publication:Compilation of jurisprudence
Full version available in:
Year: 2012
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Human rights in the Inter-American System. Compilation of instruments. 2011 Edition.


Type of publication:Compilation of law
Full version available in:
Year: 2011
Partial download options in:

Spanish


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Human rights in the Inter-American system. Compilation of instruments. 2009 edition.

Los Derechos Humanos en el Sistema Interamericano. Compilación de Instrumentos.

El Centro por la Justicia y el Derecho Internacional (CEJIL) se complace en presentar la sexta edición actualizada de su publicación Derechos Humanos en el Sistema Interamericano: Compilación de Instrumentos.

Desde la primera versión de este compendio de normativa interamericana sobre protección y defensa de los derechos humanos –editada en 1997- CEJIL se ha propuesto con esta compilación tornar más accesible a distintos públicos el conocimiento del derecho internacional de los derechos humanos desarrollado en el continente americano, así como el uso de las herramientas que el sistema interamericano (SI) pone a disposición de víctimas y defensores de derechos humanos.

La obra recopila las Declaraciones, Tratados, Protocolos y Principios que conforman la normativa fundamental del derecho internacional de los derechos humanos en el ámbito interamericano, complementándola con aquellos textos que reglamentan la composición y funcionamiento de la Comisión y Corte Interamericana (Estatutos y Reglamentos).

Esta sexta edición actualizada incluye las últimas modificaciones a los Reglamentos de la Comisión y la Corte introducidas en 2009, que afectan a aspectos centrales del Sistema como son las reglas aplicables a la fase de admisibilidad de peticiones, las medidas cautelares de protección, el papel de las víctimas en el litigio ante la Corte Interamericana, o cuestiones de representación legal, entre otras.

Adicionalmente, en esta nueva edición presentamos un cuadro que cumple con la intención de ofrecer de forma ilustrativa un panorama completo acerca del estado de ratificaciones de los instrumentos del sistema interamericano de derechos humanos. A su vez, la forma en que se expone la información permite tener una mirada abarcadora e integral acerca del grado de involucramiento de los Estados miembros de la OEA en el SI.


Type of publication:Compilation of law
Full version available in:
Year: 2009
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CEJIL congratulates the Iniciativa Mesoamericana de Defensoras de Derechos Humanos

It is with great joy and admiration that CEJIL congratulates the Iniciativa Mesoamericana de Defensoras de Derechos Humanos (IM-Defensoras)  for winning the Letelier-Moffitt Human Rights Award from the Institute on Policy Studies in Washington, D.C.

As a result of their fight for equality, peace and justice within Central America and Mexico, IM-Defensoras are an inspiration to all of us. They have improved the lives of hundreds of Human Right defenders and also contributed to the eradication of taboos through dialog. It is an honor to support their work. http://tinylink.net/qtpg6

Sat, 10/18/2014

Fotografía Defensoras créditos Agencia CuadratínIt is with great joy and admiration that CEJIL congratulates the Iniciativa Mesoamericana de Defensoras de Derechos Humanos (IM-Defensoras)  for winning the Letelier-Moffitt Human Rights Award from the Institute on Policy Studies in Washington, D.C.

As a result of their fight for equality, peace and justice within Central America and Mexico, IM-Defensoras are an inspiration to all of us. They have improved the lives of hundreds of Human Right defenders and also contributed to the eradication of taboos through dialog. It is an honor to support their work. http://tinylink.net/qtpg6

Photographic credits: Quadratin Press Agence

 

CEJIL condemns recent student deaths and disappearances in Guerrero, Mexico

Iguala, Guerrero Mexico October 2, 2014- In light of the violent events which took place on September 26 and 27 in Mexico’s state of Guerrero, the Center for Justice and International Law (CEJIL) asks that the safety of the missing students as well as the safety of their families and those advocating on their behalf be guaranteed as they move forward making claims with Mexican authorities. Specifically, we ask for the protection of members of the Center for Human Rights of Tlachinollan Mountain.

Tue, 10/07/2014

Manifestaciones por normalistas El País de España

San José, 7 de octubre de 2014.- In light of the violent events which took place on September 26 and 27 in Mexico’s state of Guerrero, the Center for Justice and International Law (CEJIL) asks that the safety of the missing students as well as the safety of their families and advocates is guaranteed by Mexican authorities throughout the investigation process. Specifically, we ask for the protection of members of the Center for Human Rights of Tlachinollan Mountain.

According to reports provided to CEJIL, policemen clashed with students’ en-route from Iguala to the state capital of Chilpancingo after completing a fundraiser for their school. Over the course of the next few days, violence escalated when unidentified gunmen opened fire on the students, killing three people and injuring six. Forty-three students were taken away in police vehicles and to date, were still missing.

Then, on October 4th, reports announced that Mexican law enforcement agents discovered 5 mass graves containing the remains of several students.

CEJIL urges authorities to correctly identify the bodies, to continue their search for the remaining students who are still missing, and to bring to justice those who committed this heinous atrocity. We ask the authorities to maintain constant contact with the families of the missing students to guarantee their right to access information and participation throughout the course of the investigation. The state must guarantee their rights to truth, justice, and redress.

Statement from Viviana Krsticevic, Executive Director of CEJIL

Washington, DC October 2, 2014- It is with great shock and sadness that we mourn the sudden loss of Juan Carlos Gualinga, Toribio Tapuy, Martha Aranda and Paúl Navarrete who died in a plane crash soon after takeoff from the Kichwa community of Sarayaku on the evening of October 1, 2014.

As we mourn their loss, we also hope for the healthy recovery of Hugo Medina and his two-year old daughter who were also on the plane.  Our most heartfelt condolences go out to their loved ones.

 

Thu, 10/02/2014

Washington, DC October 2, 2014- It is with great shock and sadness that we mourn the sudden loss of Juan Carlos Gualinga, Toribio Tapuy, Martha Aranda and Paúl Navarrete who died in a plane crash soon after takeoff from the Kichwa community of Sarayaku on the evening of October 1, 2014.

As we mourn their loss, we also hope for the healthy recovery of Hugo Medina and his two-year old daughter who were also on the plane.  Our most heartfelt condolences go out to their loved ones.

 

Tribunal paves the road to justice in the case of Rubens Paiva

Rio de Janeiro, Thursday September 11, 2014. Last Wednesday the Federal Regional Court of the Second Circuit unanimously denied the habeas corpus request that was filed by the four soldiers accused of murdering and hiding the body of Ex-Congressman Rubens Paiva in 1971.

This decision allows the prosecution to continue its regular course in the first instance of the federal justice system. Likewise, with this decision, the tribunal guarantees that judicial truth can be obtained in the recognition of the grave violations of human rights committed during the military dictatorship.

Thu, 09/11/2014

Fotografía Rubens Paiva, créditos Lavras 24 horasRio de Janeiro, Thursday September 11, 2014. Last Wednesday the Federal Regional Court of the Second Circuit unanimously denied the habeas corpus request that was filed by the four soldiers accused of murdering and hiding the body of Ex-Congressman Rubens Paiva in 1971.

This decision allows the prosecution to continue its regular course in the first instance of the federal justice system. Likewise, with this decision, the tribunal guarantees that judicial truth can be obtained in the recognition of the grave violations of human rights committed during the military dictatorship.

For Beatriz Affonso, CEJIL Program Director for Brazil, this is a historic decision that demonstrates the judicial power’s commitment to act in conformity with the international commitments assumed by the Brazilian State.

Read the complete press release in Portuguese.

Photo Credit: Lavras 24 horas

 

CEJIL expresses concern for setback in the protection of women’s rights in Nicaragua

San Jose, September 3, 2014. Recently, the Nicaraguan State passed the Comprehensive Law number 779 against violence towards women. The reform has modified many important aspects of the law, which in turn translate into setbacks in compliance with the state obligation to effectively guarantee the right of women to live a life free of violence.

The revisions of Law 779 restrict the concept of violence towards women by establishing that only acts committed in a relationship between a couple will be punishable, that is to say, it excludes violence perpetrated in public or community environments by any person without bonds of affection.

Wed, 09/03/2014

Fotografía Ilustrativa Violencia Contra la MujerSan Jose, September 3, 2014. Recently, the Nicaraguan State passed the Comprehensive Law number 779 against violence towards women. The reform has modified many important aspects of the law, which in turn translate into setbacks in compliance with the state obligation to effectively guarantee the right of women to live a life free of violence.

The revisions of Law 779 restrict the concept of violence towards women by establishing that only acts committed in a relationship between a couple will be punishable, that is to say, it excludes violence perpetrated in public or community environments by any person without bonds of affection.

The new reform also favors the application of mediation as a method of preventing and punishing violence towards women.

With respect to this procedural figure, in its report, “Access to Justice for Women Victims of Sexual Violence in Mesoamerica,” the Inter-American Commission on Human Rights (IACHR) stated its concern for the utilization of said mechanism because it generally harms the victims. According to the IACHR, women find themselves in a situation of disadvantage and inequality and therefore applying the mediation hinders their access to justice as well as the eventual punishment of the aggressor.

At the same time, the cited revisions modify the criminal definition of femicide and limits it to interpersonal relations of a couple, disrespecting what was previously established in the law when the crime was described, “in the context of power relations between men and women.” In only the first semester of 2014 in Nicaragua, the Red de Mujeres contra la Violencia reported 47 femicides, four more than during the same period in 2013.

Meanwhile, during the last trimester of 2013, Nicaragua’s Instituto de Medicina Legal evaluated 1162 women for sexual violence and 1659 for intrafamiliar violence.

Before this grave situation, both the Consejo de Derechos Humanos and the Inter-American Commission on Human Rights, through the observance of various thematic hearings and the evaluations conducted under the Universal Periodic Review mechanism, have recommended that the Nicaraguan State adapt its legislation so that it guarantees rights to women and that it adopt effective public policies that prevent, punish and eradicate violence against women.

These international obligations also derive from the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, known as the “Convention of Belém do Pará,” ratified by the State of Nicaragua in 1995.

“The approved regulations do not constitute an effective action to protect the rights of girls and women. Nicaragua is not complying with its international obligations, leaving this group unprotected in a vulnerable situation,” stated Marcia Aguiluz, CEJIL Program Director for Central America and the Caribbean.

CEJIL respectfully calls on the Nicaraguan authorities to reform the revisions of Law 779 and to comply with its obligation to adjust said law to the international standards in relation to violence against women.

Press Contact

Daniela Araya

+506 2280 7473

daraya@cejil.org

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