Current Developments

Europäische Einigkeit in Action: Menschenwürde im Strafvollzug

EuGH konkretisiert Mindestanforderungen für Haftbedingungen im Kontext des Europäischen Haftbefehls

Dass eine nationale Justizbehörde beim Vollstrecken eines Europäischen Haftbefehls ausnahmsweise dem Grundrechtsschutz Vorrang vor der Wirksamkeit des Haftbefehls einräumen darf und muss, hat der Gerichtshof in der Rechtssache Aranyosi und Căldăraru erstmals bekräftigt. Im Urteil C-128/18 Dorobantu vom 15.10.2019 bestätigt der EuGH nun die enge Orientierung der grundrechtlichen Prüfung an der Rechtsprechung des EGMR. Zusätzlich betont er den absoluten Charakter des Verbots unmenschlicher oder erniedrigender Behandlung. Hamburg – Karlsruhe – …

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Plurality of Law and DevelopmentSymposium

“Sexual orientation is not a fashion statement”

The LGBT community facing a social stigma in Africa

With the High Court’s judgment from June 11th 2019, judge Michael Elburu suspended section 164 a and c and section 165 of the Penal Code from 1965 which punish same-sex relations in Botswana with up to seven years in prison and ordered to modify section 167. In recognising the discriminatory nature of the laws in question, the Botswanan High Court gave hope to the LGBT (Lesbian- Gay- Bisexual- Transgender) community …

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Current Developments

(Un-)Precedented?

The relevance of the Urgenda case to the Children vs. Climate Crisis Communication

The communication brought by sixteen children before the Committee on the Rights of the Child to address the effects of states’ inaction on climate change seems at first glance unprecedented and foreign to our common ideas about international environmental law. Yet, as the Urgenda case shows, a rights-based approach to climate change is not wholly unheard of. Individual communications to the Committee on the Rights of the Child              The fact …

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Plurality of Law and DevelopmentSymposium

Alternatives to Development in the Andes

Contesting cosmovisions and their path towards recognition

The concept of “development” has become a buzzword for social change, economic redistribution and ultimately socio-economic rights. This concerns both economic relations maintained in the international community built on the premise of State sovereignty and resulting intergovernmental agreements. Manifestations of such realities are manifold including a dominating WTO-steered legal order; new international trade deals such as current EU-Mercosur negotiations on the most extensive free trade zone on earth; the CETA …

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Current DevelopmentsResponse

Not for sale?

Some thoughts on human rights in cases of cession of territory

Pierre Thielbörger and Timeela Manandhar have given an innovative and thought-provoking account of the lawfulness of the incumbent US president’s potential plans to purchase Greenland. Vividly and succinctly they make their case against the possibility of a sale of the island under international law. However, their colorful picture of the legal scenery arguably glosses over some nuances. I do not intend to comment again on President Trump’s announced intention to acquire the …

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Current Developments

Thank you, Greta & friends!

Procedural aspects on the climate crisis-related communication to the UN Committee on the Rights of the Child

Sixteen children, among them the popular Swedish climate activist Greta Thunberg, from 12 different countries have filed a communication to the UN Committee on the Rights of the Child under the Optional Protocol to the Convention on the Rights of the Child on a communications procedure. The communication complains of a rights violation by five different states: Argentina, Brazil, France, Germany and Turkey. The petitioners’ claim: Each of these states …

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Current Developments

Repatriated to “Prison”

Landgrabbing as a tool of segregation in Myanmar

The Rohingya, a religious and ethnic minority in Myanmar, have been systematically persecuted and discriminated against for decades. The government and the military (“Tatmadaw”) enforced various measures against the Rohingya, such as forced labor, denial of education and basic healthcare, and extreme restriction on traveling, and have made parts of Rakhine State an “open-air prison” for many Rohingya. The Tatmadaw’s repeated rounds of gruesome violence against them significantly exacerbated the …

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BofaxeCurrent Developments

Playing with Fire

Is the aid pledged by the G7 an offer Brazil’s President Bolsonaro cannot refuse?

“Our house is burning”, French President Macron found graphic words to address the wildfires in the Amazon rainforest, which have reached threatening levels in the past weeks. 80,000 fires this year alone have resulted in the loss of approximately 350,000 hectares of rainforest. Notably, Brazilian President Bolsonaro is known to support the ‘slash-and-burn’ agriculture, which is responsible for most of the fires, and only initiated a two month ban of …

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Current Developments

What’s next to preserve the linguistic richness of Indigenous Peoples?

Beyond the International Year of Indigenous Languages

This year, 2019, marks the International Year of Indigenous Languages. Based on the United Nations (UN) General Assembly resolution 71/178, it represents a massive effort to finally raise awareness on the invaluable richness of Indigenous languages. This initiative is primarily led by the UN Educational, Scientific and Cultural Organization (UNESCO), but it involves all the UN bodies directly dealing with Indigenous Peoples’ rights (e.g., the UN Permanent Forum on Indigenous …

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Current Developments

Manual scavenging: outlawed, yet persisting

The stinking legacy of suffocation and stigma captures the degrading practice of Manual Scavenging in India. Twenty-six years after this repulsive practice has been outlawed by the Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, there are still 182,505 manual scavengers across India, with 740,048 households using the services of manual scavengers for clearing out human excreta. Alarmingly, this number does not include septic tanks, public sewers, and railway …

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