Suchergebnisse

Members of Parliament in the UK will on 16 and 17 January 2024 debate the Safety of Rwanda (Asylum and Immigration) Bill, which 'gives effect to the judgement of Parliament that the Republic of Rwanda is a safe country' for asylum-seekers. The Supreme Court unanimously ruled in November 2023 that Rwanda was manifestly not safe as asylum seekers sent to the country would face a real risk of ill-treatment due to insufficient guarantees against refoulement. The Bill thus aims to use law to determine a factual situation for as long as the law is in force. This blog discusses the risks inherent in creating such a 'legal fiction' and how the Bill could be revised to mitigate this risk, before assessing the chances of it becoming law in the currently turbulent political context.

On 15 November 2023, the UK Supreme Court (UKSC) unanimously declared the government's policy of removing some asylum seekers to Rwanda to process their claims unlawful. Like the Court of Appeal, it found substantial grounds for believing that asylum seekers would face a real risk of ill-treatment because of insufficient guarantees against refoulement. This post explores the origin and significance of the UKSC judgment and the legal and policy implications of the UK government's immediate response to it.

The pandemic and the future of global democracy / Tom Gerald Daly -- COVID-19 vaccines and global governance : how structural factors dictate procurement and vitiate patient autonomy / Jerome Amir Singh -- Accountability through dialogue : New Zealand's experience during the COVID-19 Pandemic / Dean R Knight -- China and COVID-19 : an archetypal legal and governmental response to an exceptional challenge / Jacques deLisle and Shen Kui -- (Un)Governing : COVID-19 Response in the UK / Joelle Grogan -- COVID-19, the United States and evidence-based politics / Mark A Graber -- Democracy in the time of COVID-19 : pandemic management, public trust and democratic consolidation in Singapore / Shirin Chua and Jaclyn L Neo -- Human Rights - the essential frame of reference in response to the COVID-19 Pandemic / Alice Donald and Philip Leach -- Assessing human rights compliance during COVID-19 / Martin Scheinin -- Going beyond the rhetoric : taking human rights seriously in the post-COVID-19 world / Stéphanie Dagron -- Finland's success in combating COVID-19 : mastery, miracle or mirage? / Martin Scheinin -- A crisis of rights and democracy in India / Thulasi K Raj -- Dealing with the pandemic and social unrest : a stress test for Colombian institutions / Julián Gaviria-Mira and Esteban Hoyos-Ceballos -- Thailand's response to COVID-19 : human rights in decline and more social turbulence / Khemthong Tonsakulrungruang and Rawin Leelapatana -- Political opportunism and pandemic mismanagement in Kenya / Tara Imalingat, Nerima Were and Allan Maleche -- The rule of law as the perimeter of legitimacy for COVID-19 responses / Joelle Grogan and Julinda Beqiraj -- Baselining COVID-19 : how do we assess the success or failure of the response of governments to the pandemic? / Hans Petter Graver -- Brazil : COVID-19, illiberal politics and the rule of law / Thomas Bustamante and Emílio Peluso Neder Meyer -- Dealing with COVID-19 in Sweden : choosing a different path / Iain Cameron and Anna Jonsson Cornell -- Turkey : pandemic governance and executive aggrandisement / Başak Çalı and Emre Turkut -- The COVID-19 Pandemic : a pretext for expanding power in Hungary / Kriszta Kovács -- The politicisation of health and threats to the rule of law in Pakistan / Shaheera Syed and Nadia Tariq-Ali -- A stress test for politics : a comparative perspective on policy responses to COVID-19 / Sheila Jasanoff and Stephen Hilgartner -- Open science, data sharing and pandemic preparedness / Ciara Staunton -- Taiwan's effective pandemic control with dialogic constitutionalism / Wen-Cheng Chang and Chun-Yuan Lin -- Public health, technology and social context in Rwanda's COVID-19 response / Denis Bikesha and Allan T Moore -- Germany and COVID-19 : expertise and public political deliberation / Anna Katharina Mangold -- The rationality of South Africa's State of Disaster during COVID-19 / Melodie Labuschaigne and Ciara Staunton -- Iran's COVID-19 Response : who calls the shots? / Marzieh Tofighi Darian -- Responding to COVID-19 with States of Emergency : reflections and recommendations for future health crises / Cassandra V Emmons -- The COVID-19 emergency in Western European democracies : trends and issues / Arianna Vedaschi and Chiara Graziani -- Exposing inequalities : the experience of minorities and indigenous peoples during COVID-19 emergencies / Rasha Al Saba and Samrawit Gougsa -- When emergency is permanent : Egypt's legal response to COVID-19 / Ahmed Ellaboudy -- The COVID-19 emergency : Malaysia's fragile constitutional democracy / R Rueban Balasubramaniam -- The French management of COVID-19 : normalisation of regimes of exception and degradation of the rule of law / Marie-Laure Basilien-Gainche -- The Philippines under lockdown : executive dominance and an unclear pandemic response / Maria Ela L Atienza -- All bets on the executive(s)! The Australian response to COVID-19 / Marco Rizzi and Tamara Tulich -- Lessons for a 'post-pandemic' future / Joelle Grogan and Alice Donald.

Through empirical assessment of the role of the parliaments of the UK, the Netherlands, Germany, Ukraine, and Romania, this book addresses the theme of how engaged parliaments are and should be, in the implementation of judgments of the European Court of Human Rights

Introduction / Alice Donald, Carla Buckley and Philip Leach -- The duty to investigate right to life violations across three regional systems : harmonisation or fragmentation of international human rights law? / Philip Leach, Rachel Murray and Clara Sandoval -- The death penalty as addressed by regional and International human rights bodies : exploring jurisprudential cross-fertilisation and harmonisation / Chloe Cheeseman -- International trends in the recognition of abortion rights / Elizabeth Wicks -- The European Court of Human Rights' recourse to external legal materials when interpreting and applying the right to private life / Alastair Mowbray -- Minority sexual orientation as a challenge to the harmonised interpretation of International human rights law / Frans Viljoen -- Concepts of substantive gender equality : looking for coherence among the regional and International perspectives / Magdalena Forowicz -- Judges of the world, united? : collective aspects of the right to work in regional human rights systems / Rory O'Connell -- The influence of International human rights law on the right to health jurisprudence of the European region / Jacinta Miller -- Is the International Convention on the elimination of all forms of racial discrimination the De Facto minority rights treaty? / David Keane and Joshua Castellino -- Children's rights under regional human rights law : a tale of harmonisation? / Aoife Nolan and Ursula Kilkelly -- Affording States a margin of appreciation : comparing the European Court of Human Rights and the Inter-American Court of Human Rights / Dominic McGoldrick -- Human rights bodies and International Humanitarian Law : common but differentiated approaches / Larissa van den Herik and Helen Duffy -- The use made by the organs of the European Convention on Human Rights of reference to the views of other human rights bodies in addressing the scope of the extraterritorial applicability of the convention / Francoise J. Hampson -- State obligations with regard to the extraterritorial activities of companies domiciled on their territories / Nadia Bernaz -- Inherent and implied powers of regional human rights tribunals / Dinah Shelton -- International human rights law : towards pluralism or harmony? : the opportunities and challenges of coexistence: the view from the UN treaty bodies / Simon Walker -- Co-existence and confidentiality : the experience of the optional protocol to the Convention Against Torture / Malcolm D. Evans -- Human rights through the backdoor : the contribution of special procedures to the normative coherence and contradictions of International human rights law / Elvira Dominguez-Redondo -- A European respect for the opinions of mankind? / Michael O'Boyle -- Appendix : Harmonising the jurisprudence of regional and International human rights bodies : a literature review / Chloe Cheeseman

Assessing the extent to which states have implemented the decisions of supranational human rights bodies is a challenging task. It requires supranational bodies-be they judicial, quasi-judicial or political-to create an evidence-based public record of the status quo of implementation at any point in time and determine whether the measures taken do, in fact, satisfy the requirements of the decision. This, in turn, relies upon states engaging in good faith, victims having a voice, and civil society organizations seizing the opportunity to influence the follow-up process. Using empirical data from interviews in selected states in the African, Inter-American and European regions, and within regional and United Nations bodies, this article argues that in no human rights 'system' are all these expectations met, in part because follow-up work is inadequately resourced. It argues that supranational bodies should proactively seek out diverse sources of information and adopt more transparent and responsive working methods so as to enable 'real time' participation by all interested parties. The article concludes with recommendations for supranational bodies, and state and non-state actors.