03 October 2022
Rising Before Sinking
On 22 September 2022, just one day before global climate protests took place in around 450 locations, the UN Human Rights Committee (Committee) has published its landmark decision in the case Daniel Billy et al. v. Australia. In casu, the Committee found that Australia failed to adequately protect members of an indigenous community present in four small, low-lying islands in the Torres Strait region from adverse impacts of climate change, which resulted in the violation of the complainants’ rights to enjoy their culture (Art. 27 ICPPR) and to be free from arbitrary interferences with their private life, family and home (Art. 17 ICCPR). The Committee thereby issued the first decision at the international level to tackle substantive human rights questions in the context of climate change that relate to the current situation of small islands and their indigenous inhabitants. Continue reading >>
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08 July 2022
Transgender Women Athlete Exclusion in Disguise
A heated debate about the participation of transgender and non-binary people in female competitions is on-going worldwide. Just last month, the International Swimming Federation adopted a new policy which prevents transgender women from participating in its female top-competitions. Without any possibility for the affected group of transgender women athletes to participate in FINA’s top-competitions, the policy is disproportionate and discriminatory, and has the potential to violate other human and children’s rights. Continue reading >>12 April 2021
Australia and the right of repatriation
A key pillar of Australia’s response to the COVID-19 crisis has been its closure of international borders. Since Australia’s constitution lacks an express bill of rights, Australians stranded abroad have turned to the United Nations as a last resort. Continue reading >>29 January 2021
Mediterranean Responsibilities
This week, the UN Human Rights committee issued a long-awaited decision concerning a distress case in the Mediterranean back in 2013. 400 migrants were on board of a vessel which sunk within the Maltese Search and Rescue zone but in vicinity of the Italian island of Lampedusa. At least 200 persons died. The decision of the Committee is somewhat of a milestone. This blog post depicts the most important legal aspects of the Committee’s decision, with special regard to the broader setting of maritime migration and States’ responsibilities. Continue reading >>
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