Empowering human rights defenders

CEJIL expresses its regret over the decision made by the Constitutional Court of Guatemala on the processes of judicial elections

CEJIL regrets the decision made by Guatemala's Constitutional Court validating the election of judges for the Supreme Court and the Court of Appeals, despite a clear breach of domestic legislation and international standards conducted by both by the nominating committees and the Congress on these processes. This decision will affect the ability Guatemala's citizen's to access justice and determine the sutability of those imparting it.

Tue, 11/25/2014

San José, Costa Rica November 25th, 2014- The Center for Justice and International Law (CEJIL), expresses its opposition to the decision made by the Guatemalan Constitutional Court (CC) of validating the election of judges for the Supreme Court and the Court of Appeals, despite a clear breach of domestic legislation and international standards conducted by both by the nominating committees and the Congress on these processes.

The appointments had been temporarily suspended by the Court on October 9th. Many individuals and civil society groups alleged significant irregularities in the process, such as lack of adequate verification and evaluation of the merits and abilities of candidates, lack of transparency in some phases of the process, the existence of conflicts of interest in the appointments, among others.

Despite this, the Court did not discuss the merits of the arguments. It considered that the Congress had not committed any violation and failed to analyze the complaints weighed by the process followed in the nominating committees. Thus, the Constitutional Court ignored the recommendations and rulings issued by major international protection agencies such as the Inter-American Commission on Human Rights (IACHR) and the Special Rapporteur of the United Nations on the independence of judges, magistrates and lawyers, who had recently urged the authorities to respect judicial independence and, consequently, to review the appointments in accordance with the international obligations of the Guatemalan state.

On this issue, both the Inter-American Court of Human Rights (I-A Court) and the IACHR, have pointed out that the proper process of nomination and selection of judicial officers constitutes one of the essential prerequisites for the guarantee of judicial independence. In turn, these bodies have emphasized that "if basic parameters of objectivity and fairness are not respected, it would be possible to design a system that allows a high degree of discretion in selecting the judicial personnel, under which the individuals selected would not necessarily be the most suitable."

"The decision of the Constitutional Court deepens the institutional crisis currently facing Guatemala. Validation of judicial elections without guaranteeing a choice based on merit seriously jeopardize the principle of separation of powers and affects the rule of law”, stated Marcia Aguiluz, CEJIL's Program Director for Central America and Mexico.

CEJIL regrets the decision of the Constitutional Court as it affects the access to justice for all Guatemalans by not ensuring judicial independence, implying that the people living in this country will have no certainty of capacity and suitability of persons providing justice.

At the same time, we respectfully ask all social sectors to speak out against this event and to join in observing the actions of the persons named and denouncing those who clash with the international obligations of the Guatemalan state. Finally, we ask the authorities to protect the various actors who have denounced irregularities in the process, to avoid suffering retaliation for those complaints.

CEJIL promotes dialogue on the implementation of decisions made within the Inter-American System

UPDATE: To watch the event live, please click on the following link http://ustre.am/1jpmn

From Monday November 24 to Tuesday November 25, 2014, the Center for Justice and International Law (CEJIL) will hold a seminar on the implementation off decisions made within the Inter-American System and the administration of justice: synergies , tensions and possibilities in San Jose, Costa Rica.

The event aims to create a space for reflection between different stakeholders vested in implementing the decisions made by the Commission and Inter-American Court on Human Rights (I-A Court), particularly measures related to obtaining justice.

Sun, 11/23/2014

San José , November 20, 2014- From Monday November 24 to Tuesday November 25, 2014, the Center for Justice and International Law (CEJIL) will hold a seminar on the implementation of decisions made by mechanisms within the Inter-American System and the administration of justice: synergies , tensions and possibilities in San Jose, Costa Rica.

The event aims to create a space for reflection between different stakeholders vested in implementing the decisions made by the Commission and Inter-American Court on Human Rights (I-A Court), particularly measures related to obtaining justice.

While states in the region have repeatedly expressed their appreciation for  decisions made by the Inter-American System, many challenges remain for achieving consistent compliance with all resolutions.

The meeting in San José will gather leading academics, jurists, human rights defenders, and members of the Commission and the I-A Court.

The conference will start on Monday 24 morning and the first plenary session will be available to the public via streaming via this link. You can also check the event schedule here.

Photo credits : Court HR

CEJIL's Executive Director Announces Regional Network Fighting Against Statelessness at UNHCR Event

On Tuesday November 18th, the Center for Justice and International Law (CEJIL) launched the Americas Network on Nationality and Statelessness at the UNHCR event “Out from the Shadows: Ending Statelessness in the Americas.” You can read CEJIL Executive Director Viviana Krsticevic's speech by clicking the More Information link below. You can also visit the Network's website at www.americasns.org.

Wed, 11/19/2014

 

YouExcellency, Commissioner Guterres
Esteemed panelists, State representatives, international agencies, civil society colleagues, ladies, gentlemen, and children
At the Center for Justice and International Law, we are grateful to have been invited by the United Nations High Commissioner for Refugees to commemorate the 60th anniversary of the adoption of the UN Convention relating to the Status of Stateless Persons.
We have learned in the last 15 years from our first-hand experience in the Dominican Republic accompanying children and families in the international litigation process, that people who lack a nationality are susceptible to increased marginalization, discrimination and insecurity.
It is heartbreaking that the people we represent, and millions more like them, are told that they simply do not exist.
As stateless people, they are denied their most basic rights: many cannot register the birth of their own children, marry, receive medical care, get a job, open a bank account, travel outside the country, go to school, or feel safe.
Although situations of statelessness are uncommon in the Americas, they affect over two hundred thousand people. The numbers are not as high as in other regions, but we acknowledge that “One stateless person is too many”.
In our continent, many situations merit closer examination because they can affect access to the right to nationality. They include birth registration, gender discriminatory provisions of citizenship laws, discriminatory practices in the determination of nationality, and the status of children born to parents lacking valid identity documents, among others.
Commissioner Guterres, we admire your commitment towards stateless people around the world. Your presence in our hemisphere sends a strong message on the importance of tackling this issue through a comprehensive and well-structured plan.
Your determination gives us hope that we have arrived at a turning point where we will be able to eradicate statelessness around the world.
In the Americas, we are in a unique position to address the challenges that lay in front of us in the next decade. The commitment to respect a “right to nationality for all” was enshrined in the foundational instruments for the protection of human rights in the Americas. Both the 1948 American Declaration (on the Rights and Duties of Man) and the 1969 American Convention on Human Rights create a comprehensive framework for the protection of the right to a nationality.
Additionally, most countries in the region offer a generous and combined application of the principles of ius soli and jus sanguinis for the acquisition of nationality, allowing to acquire nationality through soil or blood, thus diminishing significantly the risk of statelessness.
Our regional multilateral institution, the Organization of American States, and its human rights bodies, have taken steps to address statelessness in the region. The General Assembly of the OAS has called on Member States to ratify (or adhere to) the UN Conventions on statelessness , and to adjust their national policies.
We also have a clear example of the role regional human rights bodies can play. The Inter-American Court of Human Rights has analyzed the right to nationality in two advisory opinions and several cases. The Commission has addressed the issue since the 70s.
Moreover, there have been important steps taken in some countries of the region in the last few years. Argentina has ratified the 1961 Convention. Suriname recently modified its law eliminating gender discrimination in access to citizenship, Mexico adopted a national procedure for determining the status of stateless persons. Uruguay is currently considering a bill to achieve this goal in the short term. Other countries may follow soon.
With this framework in mind, a group of civil society organizations, academic initiatives, and individuals have come together to join the Global Action Plan of the UNHCR in order to eradicate and prevent statelessness in the following 10 years.
It is with great pleasure that today I formally announce the launch of the Americas Network on Nationality and Statelessness. I would like to offer special thanks to the Open Society Foundation for their support, to Dilcia Yean, Violeta Bosico, and the other children and families that we represent, and to the tireless human rights defender Sonia Pierre, for inspiring so much of our actions throughout the years.
Through this platform we will work hand in hand with UNHCR in order to raise awareness of this issue, identify risks, support stateless people, cooperate with states, and exchange information with our sister organizations around the world.
We firmly believe, that nationality is the door that opens up the right to have rights.
We believe that together we can change realities. We embrace the shared vision of a world where everybody has a nationality.
Like you, Commissioner Guterres, we insist that it is time to end the injustice of statelessness. You can count on every member of the Americas Network to help make this possible.
Thank you

Your Excellency, Commissioner Guterres

Esteemed panelists, State representatives, international agencies, civil society colleagues, ladies, gentlemen, and children

At the Center for Justice and International Law, we are grateful to have been invited by the United Nations High Commissioner for Refugees to commemorate the 60th anniversary of the adoption of the UN Convention relating to the Status of Stateless Persons.

We have learned in the last 15 years from our first-hand experience in the Dominican Republic accompanying children and families in the international litigation process, that people who lack a nationality are susceptible to increased marginalization, discrimination and insecurity.

It is heartbreaking that the people we represent, and millions more like them, are told that they simply do not exist.

As stateless people, they are denied their most basic rights: many cannot register the birth of their own children, marry, receive medical care, get a job, open a bank account, travel outside the country, go to school, or feel safe.

Although situations of statelessness are uncommon in the Americas, they affect over two hundred thousand people. The numbers are not as high as in other regions, but we acknowledge that “One stateless person is too many”.

In our continent, many situations merit closer examination because they can affect access to the right to nationality. They include birth registration, gender discriminatory provisions of citizenship laws, discriminatory practices in the determination of nationality, and the status of children born to parents lacking valid identity documents, among others.

Commissioner Guterres, we admire your commitment towards stateless people around the world. Your presence in our hemisphere sends a strong message on the importance of tackling this issue through a comprehensive and well-structured plan.

Your determination gives us hope that we have arrived at a turning point where we will be able to eradicate statelessness around the world.

In the Americas, we are in a unique position to address the challenges that lay in front of us in the next decade. The commitment to respect a “right to nationality for all” was enshrined in the foundational instruments for the protection of human rights in the Americas. Both the 1948 American Declaration (on the Rights and Duties of Man) and the 1969 American Convention on Human Rights create a comprehensive framework for the protection of the right to a nationality.

Additionally, most countries in the region offer a generous and combined application of the principles of ius soli and jus sanguinis for the acquisition of nationality, allowing to acquire nationality through soil or blood, thus diminishing significantly the risk of statelessness.

Our regional multilateral institution, the Organization of American States, and its human rights bodies, have taken steps to address statelessness in the region. The General Assembly of the OAS has called on Member States to ratify (or adhere to) the UN Conventions on statelessness , and to adjust their national policies.

We also have a clear example of the role regional human rights bodies can play. The Inter-American Court of Human Rights has analyzed the right to nationality in two advisory opinions and several cases. The Commission has addressed the issue since the 70s.

Moreover, there have been important steps taken in some countries of the region in the last few years. Argentina has ratified the 1961 Convention. Suriname recently modified its law eliminating gender discrimination in access to citizenship, Mexico adopted a national procedure for determining the status of stateless persons. Uruguay is currently considering a bill to achieve this goal in the short term. Other countries may follow soon.

With this framework in mind, a group of civil society organizations, academic initiatives, and individuals have come together to join the Global Action Plan of the UNHCR in order to eradicate and prevent statelessness in the following 10 years.

It is with great pleasure that today I formally announce the launch of the Americas Network on Nationality and Statelessness. I would like to offer special thanks to the Open Society Foundation for their support, to Dilcia Yean, Violeta Bosico, and the other children and families that we represent, and to the tireless human rights defender Sonia Pierre, for inspiring so much of our actions throughout the years.

Through this platform we will work hand in hand with UNHCR in order to raise awareness of this issue, identify risks, support stateless people, cooperate with states, and exchange information with our sister organizations around the world.

We firmly believe, that nationality is the door that opens up the right to have rights.

We believe that together we can change realities. We embrace the shared vision of a world where everybody has a nationality.

Like you, Commissioner Guterres, we insist that it is time to end the injustice of statelessness. You can count on every member of the Americas Network to help make this possible.

Thank you.

CEJIL’s Executive Director will speak on behalf of the Americas Network on Nationality and Statelessness at UNHCR Event

In celebration of the 60th Anniversary of the 1954 Convention relating to the Status of Stateless Persons, the Center for Justice and International Law (CEJIL) will launch the Americas Network on Nationality and Statelessness at the UNHCR event “Out from the Shadows: Ending Statelessness in the Americas” on Tuesday evening.

Fri, 11/14/2014

What: Office of the United Nations High Commissioner for Refugees (UNHCR): “Out from the Shadows: Ending Statelessness in the Americas”

When: Tuesday November 18, 2014
6:00 to 8:30 pm

Where: The Newseum
555 Pennsylvania Ave.  NW, 8th floor
Washington, D.C.

In celebration of the 60th Anniversary of the 1954 Convention relating to the Status of Stateless Persons, the Center for Justice and International Law (CEJIL) will launch the Americas Network on Nationality and Statelessness at the UNHCR event “Out from the Shadows: Ending Statelessness in the Americas” on Tuesday evening.

The event marks the launch of the UNHCR-led global campaign to end statelessness in 10 years. Viviana Krsticevic, Executive Director for CEJIL will present at the event on behalf of the network, an advocacy platform of 30 organizations whose main objective is to raise awareness and exchange information to guarantee the right to nationality across the region.

“The Americas Network on Nationality and Statelessness is a network of civil society organizations, academic initiatives, and individual experts committed to address statelessness in the Americas. We believe that all human beings have a right to a nationality and that those who lack nationality altogether – stateless persons – are entitled to adequate protection,” said Krsticevic, “With the input and expertise of dozens of organizations working on the issue of statelessness across the hemisphere, we believe the network will play a key role in helping the UNHCR achieve its goals in the Americas.”

According to the UNHCR, statelessness affected up to at least 10 million people by the end of 2013. In the Americas, a number of situations exist that merit closer examination where specific individuals or groups are either stateless or at risk of statelessness. These situations include gender discriminatory provisions of citizenship laws, discriminatory practices, disputed or undetermined nationality, the status of children who are not lawfully residing in the country or born to parents lacking valid identity documents, among others. The network will work to craft strategic tools needed to address potential situations of statelessness and identify actual cases of the phenomenon throughout the region.

The event and network’s unveiling comes on the heels of a ruling issued to the public on October 23, 2014 by the Inter-American Court of Human Rights (IACHR). The ruling found that the Dominican Republic violated the human rights of Dominicans of Haitian descent, many of whom were children, through a process of discrimination, mass expulsions and arbitrary deprivation of nationality. Known as Expelled Dominican and Haitian Persons vs. The Dominican Republic, the case was litigated by CEJIL in partnership with local organizations and addressed domestic jurisprudence and laws that left over 200,000 people in a situation of statelessness.

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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International Day Against Homophobia & Transphobia

Thu, 05/17/2012 (All day)
Globally
Globally

World Press Freedom Day

Thu, 05/03/2012 (All day)
Globally
Globally

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


English

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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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