On October 20, 2021, the UN Committee on Economic, Social and Cultural Rights (CESCR) published its findings on Azerbaijan, Bolivia, Bosnia and Herzegovina, Kuwait, and Nicaragua. According to a UN press release, the findings include aspects of the respective states’ implementation of the International Covenant on Economic, Social and Cultural Rights (Convention). The CESCR, in its concluding observations on Azerbaijan, welcomes the adoption of the Law on the Rights of Persons with Disabilities, and makes various recommendations to Azerbaijan, including removing unduly restrictions on NGOs...
International Law in Brief
International Law in Brief (ILIB) is a forum that provides updates on current developments in international law from the editors of ASIL's International Legal Materials.
On October 18, 2021, the UN Special Rapporteur on promotion and protection of freedom of opinion and expression presented her report on gender justice and freedom of expression. According to a UN press release, the report explains the barriers and challenges to women’s freedom of expression, including gendered censorship and weaponizing “public morals.” The Special Rapporteur makes several recommendations to states including prohibiting gender-based violence and addressing gendered hate speech. Moreover, the Special Rapporteur makes recommendations to corporations, such as carrying out...
On October 19, 2021, the European Court of Human Rights published two judgments, Miroslava Todorova v. Bulgaria (in French only) (but see press release in English) and Vedat Sorli v. Turkey (in French only) (but see press release in English), on freedom of expression. In both judgments, the Court decided unanimously that there was a violation of freedom of expression. The Miroslava v. Bulgaria case concerned disciplinary proceedings against a former judge and the President of the Bulgarian Union of Judges. In that case, the Court ruled that “the disciplinary...
On October 18, 2021, according to a press release, the Inter-American Court of Human Rights issued its judgment in Bedoya Lima et al. v. Colombia (in Spanish only), holding that Colombia is responsible for Journalist Jineth Bedoya Lima’s kidnapping and torture. According to a press release (in English) from the Court, the Court found that Colombia violated the applicant’s rights to personal integrity, personal liberty, honor, dignity, and freedom of expression. The Court founded evidence of Colombia’s participation in the events, and found that its investigation of the matter was...
On October 13, 2021, over one hundred countries adopted Kunming Declaration on biodiversity. The countries made several commitments related to biodiversity such as ensuring an effective global biodiversity framework, developing and updating the national biodiversity strategies, strengthening the sustainable use of biodiversity, and enhancing “the global legal framework.” The Declaration will be submitted to the United Nations Environment Assembly during the second part of its fifth session, which will take place in early 2022.
On October 12, 2021, the UN Special Rapporteur on torture and inhumane treatment presented his report on the “significance of accountability to the absolute and non-derogable prohibition of torture and ill-treatment.” The report explained accountability of the state and the individual, accountability and prevention, accountability and reparation, and key challenges to accountability such as denial, obstruction, and torture and ill-treatment as a form of punishment. The Special Rapporteur made several recommendations, including criminalization of torture and ill-treatment, overcoming...
On October 12, 2021, the UN Human Rights Committee found that Paraguay violated the indigenous community’s right to traditional lands by failing to prevent and control the toxic contamination of traditional lands. As set out in a UN press release, the Committee’s decision [currently available in Spanish only] follows the complaint by the Campo Agua’e indigenous community about the use of fumigation, i.e., using chemical smoke to kill pests, in a close commercial farm. The community complained that the process killed their animals and plants, and had an adverse impact on the environment....
On October 11, 2021, the OHCHR concluded its forty-eighth regular session. During the session, the OHCHR adopted twenty-five resolutions, including resolutions related to Afghanistan, Central African Republic, Somalia, and Libya, as well as on human rights and climate change, and the right to a safe, clean, healthy, and sustainable environment. In addition, the OHCHR appointed Special Rapporteurs on Afghanistan, Burundi, and on human rights and climate change.
On October 12, 2021, the ICJ decided the dispute on the maritime boundary between Somalia and Kenya. The ICJ, in its judgment which is in favor of Somalia’s claims, ruled that Somalia, not Kenya, should control most of the disputed triangle of water in the Indian Ocean. However, the court refused Somalia’s request for reparation for Kenya’s breach of its international obligations in the disputed area, and found that “Kenya has not violated its international obligations through its maritime activities in the disputed area.”
On October 5, 2021, the OHCHR recognized the right to a safe, clean, healthy, and sustainable environment as a human right. The OHCHR encouraged states to build capacities to protect the environment, to share good practices, and to adopt relevant policies. The OHCHR further invited the UN General Assembly to consider the matter.