High Court’s Decision in Northern Ireland Puts Pressure on the Legislature to Liberalize Abortion Laws

By: Madison Kenyon 

Impunity Watch Staff Writer 

BELFAST, Ireland — On Thursday, October 3, the high court in Belfast, Ireland held that Northern Ireland’s abortion law violates human rights. Specifically, Justice Keegan, the presiding judge, found that the law is incompatible with the United Kingdom’s human rights commitments. Justice Keegan will hear more submissions before deciding what definitive action to take.

Sarah Ewart and her mother after the October ruling. Photo Courtesy of BBC.

The current abortion law in place in Northern Ireland only permits an abortion in cases where it is necessary to save the life of the mother or prevent permanent mental or physical damage of the mother. There is no exception for rape, incest, or fatal fetal abnormalities. Further, abortion is a criminal offense under the Offences Against the Person Act of 1861, which carries a maximum sentence of life imprisonment. Due to this law, women who seek an abortion must travel outside of Northern Ireland in order to get one. Although England, Scotland, and Wales all legalized abortions in 1967, Northern Ireland did not follow suit.

In June 2018, the Northern Ireland Human Rights Commission brought a case in the United Kingdom’s Supreme Court challenging Northern Ireland’s abortion law. The court dismissed the case though because it found that the Commission lacked standing and rather the case needed to be brought by a woman who had been denied an abortion. The court did state however, that Northern Ireland’s abortion law was incompatible with Article 8 of the European Convention on Human Rights.

Following this dismissal, in January 2019, Sarah Ewart brought the present case. Ms. Ewart had previously been denied an abortion in 2013 even though her doctor told her that the child would either die during birth or shortly after leaving the womb. Along with being denied an abortion, she did not receive any advice as to where she could get an abortion or what she should do. Thus, Ms. Ewart had to travel to London in order to obtain an abortion. Justice Keegan found Ms. Ewart’s testimony to be very persuasive and she held that she did not think another woman should have to go through the same trauma that Ms. Ewart went through.

Regarding Thursday’s decision, Ms. Ewart stated, “Today’s ruling is a turning point for women in their campaign against the outdated laws prohibiting against abortion in Northern Ireland.” As Ms. Ewart suggests, this is definitely a step towards liberalizing Northern Ireland’s abortion law however, it is still very dependent on how the legislature reacts to this decision. Yet, this is not the only pressure the legislature has received to change Northern Ireland’s abortion law. Rather, in July 2019, the British Parliament voted on a plan that would decriminalize abortion in Northern Ireland if the local government, which stopped functioning in January 2017, did not re-establish itself by October 21. Thus, with an upcoming deadline, the legislature must act fast and in compliance with Thursday’s holding, or the court should expect a lot more cases like Ms. Ewart’s.

For further information, please see: 

The Hill – High Court Rules Northern Ireland’s Abortion Ban Violates Human Rights – 3 Oct. 2019

AlJazeera – Northern Ireland Abortion Law Breaches Human Rights, Court Says – 3 Oct. 2019

CNN – Northern Ireland Abortion Law Breaches Human Rights, High Court Rules – 3 Oct. 2019

House of Commons: Women and Equalities Committee – Abortion Law in Northern Ireland – 3 Apr. 2019

 

African Commission Finds Cameroon Violated Rights of Broadcasting Company

By: Jordan Broadbent

Impunity Watch Staff Writer

YAOUNDE, Cameroon —  On September 18, 2019, the African Commission on Human and Peoples’ Rights found that Cameroon violated the freedom of expression, freedom of non-discrimination, and property rights when it failed to create an independent licensing authority for a broadcasting company.

African Commission on Human and Peoples’ Rights in Session. Photo Courtesy of International Justice Resource Center.

In 2002, Cameroon Radio Freedom FM, a current affairs radio station, applied for a broadcasting license and never received a conformation of this application, despite statutory deadlines. The station broadcasted anyway and was brought to court on charges of broadcasting without a license. In 2003, the Minister of Communication ordered the equipment of the station to be forcefully confiscated.

In 2004, the Open Society Justice Initiative took on the case on behalf of the radio station. After negotiations in 2005, the two parties reached an agreement where the government agreed to turn over the equipment and provide a license to the station. However, after a year the government reneged on the agreement by failing to grant a broadcasting license or a provisional authorization. In 2007, the Open Society Justice Initiative requested a reopening of communication procedure and a full review of the case by the African Commission on Human and Peoples’ Rights. It also asked the Commission to have Cameroon grant a provisional order allowing the station to broadcast while the complaint was pending.

The petitioners argued that there were three different violations of human rights. They first argued for freedom of expression. The initial claim states that Cameroon has a state-run monopoly over broadcasting in direct violation of Article 9 for the African Charter of Human and People’s Rights. Their second claim states that the state deprived the station of their right to property under Article 14 of the Charter by taking the equipment. Lastly, they argue that the state violated Article 2 of the Charter, which states one’s right of freedom of expression “without discrimination of political or other opinion,” by refusing to grant the license.

The African Commission on Human and Peoples’ Rights declared that such an arbitrary denial lead to a restraint of legitimate communication, drawing on the Declaration of Principles on Freedom and Expression in Africa. Under the Human Rights Committee General Comment number 34 the Commission stated that an independent regulatory body must be in place and that Cameroon violated this by failing to have an independent organization that oversaw issues of freedom of expression.

The Commission found that the government violated the radio station’s right to property and ordered the government to pay for the property taken, the rent of the station, the cost of installing the equipment, legal fees, and loss of earnings since 2003. The state has also been ordered to pay for the moral damages against the former owner of the station.

Cameroon will have 180 days to comply with the Commission’s ruling.

For further information, please see:

International Justice Resource Center – Africa Commission Finds Violations in Cameroon’s Denial of Broadcasting License –  26 Sept. 2019

African Commission on Human and Peoples’ Rights – Open Society Justice Initiative (on behalf of Pius Njawe Noumeni) v. the Republic of Cameroon – 18 Sept. 2019

Open Society Justice Initiative – Freedom FM v. Cameroon – Nov. 2016

ECHR Says UK Bedroom Tax Violates Occupancy Rights of Gender-Based Domestic Violence Victims

By: Mujtaba Ali Tirmizey

Impunity Watch Staff Writer

LONDON, England — On October 24, 2019, the European Court of Human Rights (“ECHR”), in a highly significant decision, held that a reduction in housing benefits based on occupancy violated Article 14 (Prohibition of Discrimination) and Article 1 of Protocol No. 1 (Protection of Property) in relation to domestic violence victims.

The UK Government has been ordered to pay “A” 10,000 Euros. Photo Courtesy of Getty.

“A”, a British national, was a victim of rape, assault, harassment, and stalking at the hands of her ex-partner. She was living in a “Sanctuary Scheme” home – properties specifically designed to enable women and children in grave risk of domestic violence to live securely in their own homes – with her 11-year old son. The adaption to the three-bedroom house included the installation of a “panic room” in the attic for herself and her son.

In 2013, new rules on housing benefits in the social housing sector, more commonly known as the “Bedroom Tax,” reduced the benefit by 14% for people with a “spare” room in their home. Proponents of the new rules claimed that the Bedroom Tax was designed to free up much-needed bigger homes. Since “A” and her son were living in a three-bedroom house, their housing benefit decreased as a result. “A” challenged the Bedroom Tax, contending that the reduction in the benefit put them in unstable circumstances, which were not remedied by other payment schemes. The UK Supreme Court dismissed their claim and they appealed to ECHR in 2017 on the basis of gender discrimination as the victim of gender-based violence, relying on Article 14.

The Court noted that “A” and her son would face hardship and a risk to personal safety if they had to move. The Court then stated that the regulation’s aim to urge people to move was in conflict with the Sanctuary Scheme’s goal of allowing victims of gender-based violence to stay in their homes. The progress of gender equality is a major goal for the member States and “very weighty reasons” must be provided before gender discrimination could be considered lawful.

Here, the Court determined that treating all people in Sanctuary Schemes in the same manner was disproportionate as it did not relate to the legitimate aim of the measure. The Government failed to offer any weighty reasons to rationalize prioritizing the aim of the Scheme over that of enabling victims of domestic violence to stay in their homes. Therefore, the Court held that “A” had endured a violation of her rights under Article 14 in conjunction with Article 1 of Protocol No. 1.

In the aftermath of this decision by ECHR, lawyers have demanded action on nearly 300 women estimated to be in similar situations. As the vast majority of those in the Sanctuary Scheme are women, this decision will help limit gender-based and domestic violence victim discrimination. This ruling is significant not only because it over-turned a troubling UK Supreme Court decision, but this ECHR ruling can potentially favorably impact other domestic violence victims in similar situations in other member states.

For further information, please see:

24housing – European Court Lands Blow on the ‘Bedroom Tax’ – 25 Oct. 2019

European Court of Human Rights – New UK Housing Benefit Regulation Discriminated Against a Woman Who Had Suffered Domestic Violence – 24 Oct. 2019

American Society of International Law – European Court of Human Rights Holds UK “Bedroom Tax” is Discriminatory – 24 Oct. 2019

Mirror – DWP Bedroom Tax Dealt Defeat in European Court of Human Rights – 24 Oct. 2019

After a U.S. Agent Killed a 15-Year-Old at the Border, the Supreme Court Will Decide If He Can Be Sued in Federal Court

By: Dianne Jahangani

Journal of Global Rights and Organizations, Associate Articles Editor

WASHINGTON D.C. – On November 12, the U.S. Supreme Court will decide whether a government officer can be brought before a federal court for violating a foreigner’s constitutional rights when the act took place on foreign soil.

On July 7, 2010, a young 15-year-old national of Mexico, Sergio Adrián Hernández Güereca, was playing on the Mexican side of the border, unarmed and unthreatening when an U.S. Border Patrol agent, Jesus Mesa, shot Sergio twice, ultimately killing him.

As a result, Sergio’s parents, on behalf of Sergio, brought this lawsuit against Mesa. However, Mesa claimed immunity as a government officer at work, stating that Congress had not created laws which assign liability to agents as well as stating that those killed on foreign soil cannot sue American officers. Yet, the case is not that simple, as the young boy was shot across the border and Mesa discharged his weapon while on American soil. This creates an interesting legal issue and calls into question the scope of the U.S. Constitution.

To date, the Department of Justice has concluded that there was insufficient evidence to prosecute under a federal homicide charge and that prosecutors lacked jurisdiction because Hernández was neither within the borders of the U.S. nor present on U.S. soil.

Despite the DOJ’s initial decision, the plaintiffs asserted that Agent Mesa used deadly force without justification against Sergio Hernández, thus violating the Fourth and Fifth Amendments. On behalf of the Hernández parents, the Institute for Justice filed an amicus brief urging the U.S. Supreme Court to allow the parents of Sergio to sue the federal officer in federal court stating the following:

“The Fourth Amendment protects citizens against the arbitrary use of deadly force at the border, at least in the context of a close range, cross border shooting in a confined area patrolled by federal agents.”

After waiting several years, on November 12, the plaintiffs will finally have the ability to present their case to the U.S. Supreme Court. Although this is certainly a legal victory for the Hernández family, they are still fighting an uphill battle, since lower courts have previously ruled against the family:

“The Hernandez family argues that Mesa violated their son’s Fourth Amendment right to be free from unconstitutional governmental searches and seizures, his death being the ultimate seizure. But the Fifth Circuit interpreted the prior precedent to preclude the Mexican parents from suing, citing special factors like national security, law enforcement, and diplomatic relations as concerns.”

Even if the Supreme Court disagrees with the lower court’s findings and rules in favor of the Hernández family, the family must still make the argument that the agent violated their son’s constitutional rights. This ultimate ruling will have far reaching consequences as it will effectively extend the scope of the Constitution to outside the U.S. borders.

The decision rendered in this landmark case will ultimately determine the scope of the U.S. Constitution and power delegated to U.S. agents at the borders and national security.

For further information, please see:

Quartz – A US border patrol agent killed a child in Mexico. Can the parents sue him? – 26 Oct. 2019

Institute for Justice – U.S. Supreme Court Will Decide: May Parents of a Mexican Teen Killed by a Federal Officer Sue in Federal Court to Vindicate Their Son’s Rights – 25 Oct. 2019

ABC News – Supreme Court hears case of teen shot dead in Mexico by border agent in US – 21 Feb. 2019

U.S. Supreme Court – Hernandez v. Mesa – March. 20 2018

 NPR – Mom of Cross-Border Shooting Victim ‘Still Waiting for Victory’ – 27 June. 2017

The New York Times – An Agent Shot a Boy Across the U.S. Border. Can His Parents Sue? – 17 Oct. 2016

Read the Petitioners’ Brief Here.

Egyptian Authorities Crackdown on Anti-Government Protestors

By: Alexandra Casey

Journal of Global Rights and Organizations, Associate Articles Editor

CAIRO, Egypt — On September 20, 2019, anti-government protests were held in several Egyptian cities, violating the country’s ban on protesting without a permit. Protesters called on President Abdel Fattah al-Sisi to step down following allegations of government corruption. Egyptian authorities have since detained more than 2,000 people in a government crackdown. This response is significant even in a regime that has long targeted dissenters.

Protestors in Cairo, Egypt. Photo Courtesy of NPR.

According to Amnesty International, authorities have arrested everyone from street protestors to prominent government critics and have accused detainees of breaking the country’s broad anti-terrorism laws, spreading fake news, protesting without a license, and joining an illegal organization. Many of the arrests appear to have no connection to the recent protests. After September 20, al-Sisi moved swiftly to rally support. He organized state backed demonstrations praising his current rule and had authorities set up check points to search all cell phones for signs of government criticism.

Prominent journalist and activist, Esraa Abdelfattah, was reportedly arrested by plain-clothes officers and beaten after refusing to unlock her cell phone. Aaron Boehm, a U.S. citizen who had recently arrived in Egypt for a University of Edinburgh study abroad program, was also detained after police officers stopped him in the street and searched his phone. Upon discovering that Boehm sent articles to his friends about the protests, he was put in a vehicle, blindfolded for about 16 hours and interrogated by authorities. While Boehm did not suffer physical abuse, he reported seeing signs of violence against detainees.

The sheer volume of arrests following the September 20 protests combined with al-Sisi’s meager gestures towards addressing citizens’ economic grievances suggest that while Egypt appears stable, unrest may lie just below the surface. Analysts say that al-Sisi’s promise to reinstate subsidies for staples such as rice and pasta will do little to rectify citizens’ disapproval.

Mass arrests have resulted in overcrowding of detention centers, and allegations of torture and ill treatment in detention centers has received attention from the United Nations Human Rights Office. The UN High Commissioner for Human Rights, Michelle Bachelet, has also expressed concerns about significant due process violations.

In a statement to press, OHCHR spokesperson, Ravina Shamdasani, reminded the Egyptian government that “under international law people have a right to protest peacefully, and a right to express their opinions, including on social media. They should never be arrested, detained – let alone charged with serious offences such as terrorism – simply for exercising those rights.”

Shamdasani called for immediate release of those who have been arrested and detained solely for exercising their rights and prompt, effective investigation into the allegations of torture and mistreatment.

For further information, please see:

Reuters – U.N. rights office urges Egypt to free blogger, lawyer, journalist – 18 Oct. 2019

UN News – UN human rights office urges Egypt to immediately release detained protestors – 18 Oct. 2019

NPR – Major Crackdown In Egypt Sweeps Up Activists, Children and At Least 1 U.S. Citizen – 12 Oct. 2019

NY Times – Egypt’s Harsh Crackdown Quashes Protest Movement – 4 Oct. 2019

Reuters – More than 1,100 detained in Egypt after protests: rights monitors – 25 Sept. 2019