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The Facts and Norms Newsletter #3

Updated: May 28

ISSN 2965-8780

25 March 2024 | Nº. 3

Editorial Staff: Henrique Napoleão Alves, Sarah Ebram Alvarenga, João Fernando Martins Posso, Felipe Martins Anawate

Editorial

 

The Facts and Norms Newsletter continues to navigate the intricacies of international law, human rights, and the search for international peace.


This new edition sheds light on urgent legal disputes, such as Nicaragua's proceedings against Germany, touching upon allegations of facilitating genocide through support to Israel. We closely observe South Africa's pressing appeal against Israel concerning the situation in the Gaza Strip, as well as the ICJ's engagement with the Parties of the Nauru Agreement Office in the context of climate change.


Our coverage extends to the ethical quandaries posed by artificial intelligence and pressing challenges highlighted by the UN, from tackling racial discrimination to the critical need for reducing methane emissions and addressing health disparities in relation to Mpox.

Regional courts such as the Inter-American Court of Human Rights have been particularly active, delivering judgments on cases ranging from environmental degradation in Peru to the arbitrary execution of rural workers in Brazil.


The Newsletter also focuses on the proactive steps being taken in Africa to address longstanding issues such as statelessness and female genital mutilation.


We also turn our attention to the significant new rulings by the European Court of Human Rights, from the intricacies of fair trial and freedom of expression to the nuances of discrimination and the right to private and family life. Cases included a state's refusal to register a religious association, DNA tests and the right of a biological father to establish paternity, and the condemnation of a state for discriminatory practices against male police officers seeking parental leave.


Our academic and professional opportunities section aims to connect our readers with the latest openings and events that cater to a wide range of interests within the fields of international law, human rights, environmental justice, and beyond. These third-party opportunities are provided for informational purposes only. We encourage our readers to independently verify their details.


In closing, we reflect on the work of the Facts and Norms Institute, particularly our follow-up report to the United Nations on the rights of the homeless in Brazil and the Institute’s submission to the Inter-American Court of Human Rights in the Massacre of Acari Case.

 

Enjoy the read!

 

Professor Henrique Napoleão Alves, Chief Editor

   

    

Universal and Regional News

 


  • ICJ: NICARAGUA SUES GERMANY OVER PALESTINE AND THE GAZA STRIP 

On 1 March 2024 Nicaragua filed an Application against Germany before the International Court of Justice (ICJ) with a request for the indication of urgent provisional measures.

According to Nicaragua, Germany is not only failing to prevent, but also facilitating the commission of genocide through its political, financial, and military support to Israel and its defunding of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA).

On 15 March 2024, the ICJ communicated that it will hold public hearings about the case on Monday 8 and Tuesday 9 April 2024 at the Peace Palace.



  • ICJ AUTHORIZES THE PARTIES OF THE PNAO TO PARTICIPATE IN THE PROCEEDINGS ABOUT CLIMATE CHANGE

On 04 March 2024, the Court permitted the Parties to the Nauru Agreement Office (PNAO) to participate in the advisory proceedings on the Obligations of States in respect of Climate Change. The PNAO was established under the 1982 Nauru Agreement concerning Cooperation in the Management of Fisheries of Common Stocks.



  • ICJ: SOUTH AFRICA FILES NEW URGENT REQUEST IN GENOCIDE CASE AGAINST ISRAEL

On 06 March 2024, South Africa requested the indication of new provisional measures and the alteration of previous orders regarding the case of alleged genocide in the Gaza Strip (South Africa v. Israel). South Africa's request urges the Court to act swiftly to protect the safety and security of over 2.3 million Palestinians, including more than a million children, without the need for a hearing due to the extreme urgency of the situation.



  • “HOW TO DEVELOP ‘ETHICAL AI’ AND AVOID POTENTIAL DANGERS” (UN NEWS) (23 February 2024)

In the wake of new developments in artificial intelligence (AI), including the latest iteration of ChatGPT, UNESCO has urgently called for the implementation of its 2021 Recommendations on the Ethics of Artificial Intelligence to prevent misuse.

The Recommendations, endorsed by UNESCO's 194 member states during the COVID-19 pandemic, aim to guide both public and private investment towards AI projects that benefit society at large.



  • “WORLD NEWS IN BRIEF”: RACISM, ALGORITHMS, METHANE EMISSIONS, MPOX, PEACEBUILDING (UN NEWS) (20 March 2024)

- On the occasion of the international day dedicated to those of African descent, UN Secretary

-General António Guterres highlighted the devastating outcomes of entrenched racism and emphasized the significance of recognition, justice, and development opportunities for this community.

- In addressing the challenges of racial discrimination, the UN spotlighted the role of AI tools in perpetuating racist stereotypes, urging tech companies to tackle racial biases in algorithms urgently.

- UN independent experts used the international day to highlight the ongoing violations of human rights due to racial discrimination, emphasizing the urgent need for global commitment to combatting all forms of racism. This call to action aims to bridge persistent gaps and protect vulnerable groups, including minorities, indigenous peoples, migrants, and refugees, from discrimination in various life aspects.

- The UN-backed Global Methane Forum underscored the critical necessity of reducing methane emissions to meet the Paris Agreement's global warming limit.

- While Mpox cases are declining globally, Africa remains an exception. This discrepancy is attributed to a unique strain of the Mpox virus, as well as challenges in vaccination.

- Amidst an intensification and multiplication of crises, the demand for support to UN peacebuilding continues to outstrip supply, the Secretary-General said in a new report.



  • INTER-AM. COURT CONCLUDES ITS 165 PERIOD OF SESSIONS

From March 7 to 22, 2024, the Inter-American Court of Human Rights (Inter-Am. Court) conducted its 165th Ordinary Session. During this period, the Court deliberated on the cases Vega González And Others Vs. Chile, Aguirre Magaña Vs. El Salvador, Yangali Iparraguirre Vs. Perú, Rama and Kriol Peoples, Monkey Point Community, and the Black Creole Indigenous Community of Bluefields and its members Vs. Nicaragua, and Cuéllar Sandoval And Others Vs. El Salvador.

The Court also held public hearings on Aguas Acosta And Others Vs. Ecuador and the Advisory Opinion Request on The Content and Scope of the Right to Care and its Interrelation with Other Rights. Recordings of the public hearings are available on the Court’s YouTube page.



  • INTER-AM. COURT FINDS COLOMBIA RESPONSIBLE FOR ARBITRARY INTELLIGENCE OPERATIONS AGAINST HUMAN RIGHTS DEFENDERS

On 18 March 2024, the Inter-Am. Court held the State responsible for several human rights violations in the case of the Members of the “José Alvear Restrepo” Lawyer’s Collective (CAJAR) and Their Families Vs. Colombia. The court found that Colombia breached rights including life, personal integrity, privacy, freedom of thought and expression, informational self-determination, truth, honor, judicial guarantees, judicial protection, freedom of association, movement, residence, family protection, children's rights, and the right to defend human rights.

The verdict comes after state agencies engaged in arbitrary intelligence activities against CAJAR members and their families since the 1990s, including data collection and the creation of files containing personal information which were used to stigmatize them and link them with guerilla groups.



  • INTER-AM. COURT RULES AGAINST BRAZIL FOR EXTRAJUDICIAL EXECUTIONS IN “OPERATION CASTELINHO”

On 14 March 2024, the Inter-Am. Court issued its sentence in the case of Honorato and Others Vs. Brazil.

The Court ruled against Brazil for the extrajudicial execution of 12 individuals by the Military Police during the "Operation Castelinho" in São Paulo on March 5, 2002, as well as for serious flaws in the judicial processes following the loss of lives. The Court found these actions resulted in violations of the rights to life, judicial guarantees, judicial protection, truth, and personal integrity of the executed individuals and their families.

The operation was a setup by a group of military policemen which led to their ambush and killing without any evidence of armed resistance from the victims, contradicting the state's narrative of a shootout. The initial investigations conducted exclusively by the Military Police, which lacked independence and impartiality, alongside other investigative failures, significantly hindered the pursuit of justice and contributed to impunity.

The Court mandated Brazil to undertake multiple reparative measures, including establishing a Task Force to investigate the policemen's actions, providing medical and psychological support to the victims' families, conducting a public act of international responsibility acknowledgment, and implementing measures to prevent such incidents.



  • INTER-AM. COURT CONDEMNS BRAZIL FOR THE DEATH AND INJURIES OF RURAL WORKERS DURING A PROTEST

On March 15, 2024, the Inter-Am. Court ruled in the case of Tavares Pereira and Others Vs. Brazil, finding the State internationally responsible for the disproportionate use of force by the Military Police against Antônio Tavares Pereira and 197 rural workers from the Landless Workers' Movement (MST).

The workers were en route to Curitiba, Paraná, for a land reform march when their procession was halted, leading to tragic outcomes, including Tavares Pereira's death and injuries to numerous participants, among them children.

The Court determined these actions and the subsequent flawed judicial responses violated, v.g., the rights to life, personal integrity, freedom of thought and expression, assembly, movement, judicial guarantees, and judicial protection. The Court criticized the initial military judicial process for investigating Tavares Pereira's death as contrary to the Convention, noting a failure to properly investigate the injuries of other protestors.

The Court ordered Brazil to provide free medical and psychological treatment to the victims and their families, publicly acknowledge its international responsibility, protect the Antonio Tavares Pereira Monument, incorporate specific training for security forces in Paraná on handling public protests, reform the jurisdiction of the Military Justice system, and compensate the victims and their families as specified in the judgment for both material and immaterial damages, as well as reimbursement of legal costs and expenses.



  • INTER-AM. COURT FINDS PERU RESPONSIBLE FOR VIOLATING ENVIRONMENTAL AND HEALTH RIGHTS IN LA OROYA

On March 22, 2024, the Inter-Am. Court declared the State of Peru responsible for violations of rights to a healthy environment, health, personal integrity, life, special protection for children, access to information, political participation, judicial guarantees, and judicial protection affecting 80 residents of La Oroya.

La Oroya, a district in Peru's Central Highlands, has suffered significant environmental degradation since the establishment of the La Oroya Metallurgical Complex (CMLO) in 1922, which processes metals including lead, copper, zinc, and arsenic. The air and water pollution resulting from the CMLO's operations has led to La Oroya being named one of the world's most polluted cities in 2006, with residents, including children, showing elevated blood metal levels.

The Court criticized Peru for failing to regulate and oversee the CMLO's activities adequately, noting the State's duty to prevent significant environmental damage. It condemned the 2017 amendment of permissible air sulfur dioxide levels, viewing it as a step back in environmental protection.

Specifically, the Court identified violations against the rights of 57 child victims and the right to life in the case of two individuals. It also highlighted Peru's responsibility for regressive measures in environmental protection, contravening Article 26 of the American Convention on Human Rights.

The judgment underscores that the right to a healthy environment is fundamental for humanity's existence, encompassing obligations related to access to information, political participation, and justice, alongside the protection of air, water, ecosystems, and climate.



  • AfCHPR UNDERTAKE REFRESHER EXCHANGE ON JUDGMENT DRAFTING

On 16 March 2024, the African Court on Human and Peoples’ Rights (AfCHPR) concluded a three-day refresher exchange designed to enhance the judgment drafting and legal writing skills of its officers. This initiative underscores the understanding that the Court's legitimacy hinges not only on its ability to process cases within acceptable time frames but also on producing judgments that are persuasive and credible to parties involved, legal professionals, scholars, and the wider society.



  • ACHPR URGES RATIFICATION OF PROTOCOLS TO PROTECT OLDER PERSONS AND PERSONS WITH DISABILITIES (29 February 2024)

The Working Group on the Rights of Older Persons and Persons with Disabilities in Africa, part of the African Commission on Human and Peoples’ Rights (ACHPR), applauds the 14 States that have ratified the Protocol on the Rights of Persons with Disabilities and the 13 States that have ratified the Protocol on the Rights of Older Persons.

With only a few ratifications needed for these Protocols to enter into force in 2024, the Working Group urges the remaining African Union Member States to ratify and deposit their instruments of ratification. It also extends its appreciation to NGOs and individuals working to uphold the rights of older persons and persons with disabilities in Africa, calling for increased determination and engagement to ensure the Protocols' successful implementation upon their activation. This effort aligns with the vision of Agenda 2063 and the African Union's theme for 2024, aiming for the inclusive advancement of all Africa's children.



  • ACHPR WELCOMES THE ADOPTION OF THE PROTOCOL ON THE RIGHT TO NATIONALITY (1 March 2024)

The ACHPR welcomed the adoption of the Protocol to the African Charter on Human and Peoples' Rights on specific aspects of the right to nationality and the eradication of statelessness during the 37th regular session of the African Union's Conference of Heads of State and Government, held on February 17-18, 2024, in Addis Ababa, Ethiopia.

This Protocol, a result of nearly a decade's efforts and study initiated in 2013, marks a significant milestone for Africa, providing a binding framework to promote, protect, and ensure the right to nationality—a fundamental condition for the protection and effective exercise of all other human rights—and to prevent and eradicate statelessness, a condition that violates human dignity and the right to legal recognition.

The African Commission urges all States parties to the African Charter on Human and Peoples' Rights to ratify the Protocol to facilitate its entry into force, aligning with the UNHCR's global campaign to end statelessness, #IBelong, concluding this year.



  • ACHPR AND ACERWC EXPRESS CONCERN OVER FEMALE GENITAL MULTILATION IN THE GAMBIA

On 4 March 2024, the ACHPR and the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) expressed their deep concern over the ongoing parliamentary debate in The Gambia regarding the proposal to lift the ban on Female Genital Mutilation (FGM). Both bodies stressed that such a move would contravene the progressive strides made by the Women's Act of 2015 and violate key African human rights charters. They emphasized the importance of the Gambian government's continued protection of women and girls against FGM, advocating for dialogue with stakeholders to uphold the rule of law rather than reversing legislation.



  • ECHR ISSUES ELEVEN NEW CHAMBER JUDGMENTS


On 5 March 2024, the European Court of Human Rights (ECHR) issued three chamber judgments.

In the case of Leka v. Albania, the ECHR examined allegations of unfair criminal proceedings against Mr. Durim Leka, who was convicted of robbery resulting in death, attempted murder, and illegal possession of firearms, and sentenced to life imprisonment. The Court scrutinized the fairness of his trial in light of the amendment of charges by the Court of Appeal and the restriction of Leka's right to a lawyer during pre-trial questioning, among other factors.

Despite the absence of a lawyer during Leka's questioning by prosecution and his subsequent confession, the Court found no violation of his rights. It concluded that the proceedings were fair, emphasizing the strong public interest in prosecuting the serious offenses involved, the consistency and reliability of eyewitness testimony, and the presence of substantial evidence besides Leka's confession.


The case of Boškoćević v. Serbia revolved around Mr. Milivoje Boškoć ević , a Serbian national who alleged that his employer, the Šar Mountains National Park statutory corporation, threatened him with dismissal due to his application to the Court regarding the non-enforcement of a domestic court decision. The Court determined that the communication from the corporation’s managing director, acting on behalf of the State, constituted “pressure” and “intimidation” against Boškoć ević for his engagement with the Court. Despite Boškoć ević not being dismissed and continuing his correspondence with the Court, the Court concluded that such threats directly interfered with his right to individual application without hindrance under Article 34.


In the case of Föderation der Aleviten Gemeinden in Österreich v. Austria, the applicant association, representing Alevi cultural associations in Austria, sought registration as a religious community to eventually be legally recognized as a religious society, which would entail specific legal benefits. However, their request was repeatedly refused on the grounds that their religious doctrine did not sufficiently differ from that of another Alevi community which had been recognized as a religious community and later as a religious society.

The ECHR found that the refusal to register the applicant association as a religious community constituted a violation of Article 9 of the Convention, which guarantees freedom of thought, conscience, and religion. The Court concluded that the domestic authorities had not provided relevant and sufficient reasons for this refusal, emphasizing the State's role as a neutral organizer of religious exercise.

Judge Vehabović expressed a dissenting opinion. Given that there was already a registered religious community of Alevis in Austria, Mr. Vehabović argued that the registration of a new religious community with an almost identical wording and doctrine did not contribute additional value to the right to freedom of religion.


On 7 March 2024, the ECHR issued one new chamber judgment. In the case of Vagdalt v. Hungary, the Court addressed the issue of a Hungarian national, Mr. István Vagdalt, being unable to contest the declaration of paternity made by the husband of the child's mother and establish his own paternity. Despite evidence from DNA tests proving Vagdalt to be the biological father, a series of legal and administrative hurdles, including the re-registration of the mother's husband as the child's father and a time-barred civil action, prevented him from establishing a legal relationship with his child.

The ECHR ruled that there was a violation of Article 8 of the Convention, regarding the right to respect for private and family life.


On 12 and 14 March 2024, the ECHR issued three new chamber judgments.


In the case of Orhan Şahin v. Türkiye, the applicant, Orhan Şahin, was convicted based on the witness's statements, which he was unable to challenge because the witness was not re-heard by the court that delivered the final judgment. This failure was not remedied by the higher courts or the availability of transcripts, violating the principle of immediacy essential for a fair hearing. The Court found a violation of Article 6 § 1 of the Convention, concerning the right to a fair trial. The Court concluded that the most appropriate form of redress would be the possibility of a retrial for Şahin, should he request it.


In the case of the Association of People of Silesian Nationality (in liquidation) v. Poland, the applicant association, a Polish entity representing the Silesian nationality and registered in 2011, was ordered into liquidation in 2016. The Polish courts had decided on its dissolution for allegedly not complying with the national law by referring to "Silesian nationality," a term not recognized within the Polish legal framework.

The European Court found that Poland had violated the right to freedom of association (Article 11 of the Convention). The Court criticized the domestic courts for not providing sufficient justification for the association's dissolution, emphasizing that the association's name and the reference to "Silesian nationality" in its memorandum did not in themselves justify such a severe measure. The Court underscored that it had not been demonstrated that the association's activities represented a real threat to public order or to democratic society.


The case of Moldovan v. Ukraine revolved around Oleksandr Volodymyrovych Moldovan's civil action for the judicial recognition that a deceased individual was his father. Despite presenting DNA evidence indicating a 99.9999% probability of paternity, the Ukrainian courts rejected his claim. They adhered to the 1969 Family Code, requiring proof of cohabitation for paternity recognition.

The Court concluded that the domestic courts' approach and their failure to thoroughly consider the DNA evidence submitted breached their positive obligations under Article 8, thereby failing to secure Moldovan's right to respect for his private life. The Court highlighted the significance of DNA evidence in establishing paternity and the importance of adapting legal frameworks to incorporate scientific advancements in such determinations.


On 19 March 2024, the ECHR issued four new chamber judgments.


The case of Almeida Arroja v. Portugal centered on José Pedro Almeida Arroja, a Portuguese national who faced criminal conviction for aggravated defamation and causing offence. In addition, he was sentenced to pay compensation. Mr. Almeida Arroja criticized a law firm for allegedly halting a construction project for a pediatric wing of a public hospital due to political interests. He argued his conviction and civil liability were disproportionate and had a chilling effect on his freedom of expression. The ECHR found that the domestic courts' assessment did not align with the Court's criteria for restricting freedom of expression and concluded that the interference with Mr. Almeida Arroja's freedom of expression was contrary to Article 10 (freedom of expression).


In the case of B.T. v. Russia, Mr. B.T., a Russian national and former police officer, challenged the refusal to grant him parental leave to care for his newborn daughter, arguing that the decision discriminated against him based on his sex. The Court found that the Russian legal framework allowed female police personnel unconditional parental leave, whereas male personnel's entitlement was conditional upon the absence of maternal care for objective reasons. Drawing on the principles established in Gruba and Others v. Russia, the Court held that such a difference in treatment was not objectively and reasonably justified and amounted to discrimination on grounds of sex. Consequently, the Court concluded that there was a violation of Article 14 (Prohibition of Discrimination) taken in conjunction with Article 8 (Right to Respect for Private and Family Life) of the Convention.


In the case of Kural v. Türkiye, Mr. Suat Kural, a Turkish national and deputy chief of police, challenged his transfer to a different city. Despite a stay-of-execution decision in his favor by the Eskişehir Administrative Court, Turkish authorities did not comply. This non-compliance centered on the domestic authorities' failure to honor the court's interim decision, essentially rendering it ineffective. The ECHR's judgment emphasizes the importance of enforcing interim court decisions as part of the right to a fair trial, underscoring the necessity for State authorities to adhere to judicial orders.


The case of K.J. and Others v. Russia concerned the expulsion and detention of different individuals to North Korea. In the case of S.K., the Court found violations of Articles 2 (right to life) and 3 (prohibition of torture and inhuman or degrading treatment) due to S.K.'s transfer to North Korean officials by Russian State agents without any examination of his risk of facing death or ill-treatment if expelled.

In the case of K.J., the Court considered that the victim’s detention pending expulsion exceeded a reasonable length, lacking periodic review to assess the realistic prospect of his removal. This detention was deemed arbitrary, leading to a violation of Article 5 (right to liberty and security).



Selected Academic & Professional Opportunities



  • IPPDH VIRTUAL COURSE: PUBLIC POLICIES OF MEMORY, TRUTH, JUSTICE, REPARATION, AND NON-REPETITION.

Open to public agents, organization members, and academics from MERCOSUR countries, this nine-week online course covers five modules. Apply by 10 April 2024.


  • CALL FOR ABSTRACTS: CLIMATE MEASURES IN ENERGY-INTENSIVE SECTORS

The ESIL Interest Group on Energy and International Law is hosting its inaugural conference at the University of Geneva on June 13-14, 2024. The focus is on "Trade-Related Climate Measures in Energy-Intensive Sectors: From Divergence to Interoperability through International Law?" The University invites submissions of abstracts up to 300 words to elena.cima@unige.ch, in PDF format. Apply by 29 March 2024.


  • AFCHPR CONFERENCE CALL FOR ABSTRACTS.

Submit abstracts under 500 words for the conference on the domestic impact of AfCHPR decisions. Successful applicants will be notified by April 30, 2024, and must submit a paper by June 15, 2024. Travel and accommodation costs covered. Apply by April 19, 2024.


  • CALL FOR ABSTRACTS: ADVANCING LEGAL KNOWLEDGE CONFERENCE.

The Northumbria Law School invites submissions of abstracts for the Empirical Research Methods in Advancing Legal Knowledge Conference. Abstracts must be up to 300 words. Apply by 26 April 2024.


  • BUSINESS AND HUMAN RIGHTS HUB

The Friedrich-Alexander-Universität Erlangen-Nürnberg invites participation in a survey and the first meeting of the Business and Human Rights Hub on April 12, 2024, via Zoom. The one-hour meeting starts at 13:00 CET. Apply by March 27, 2024.


  • UNIVERSITY OF AMSTERDAM SEEKS POSTDOCTORAL PUBLIC INTERNATIONAL LAW RESEARCHER

The Amsterdam Law School seeks a postdoctoral researcher for a project on climate science and international law. This full-time position offers a salary of €3,226 to €5,090 for a 38-hour workweek. Interviews are scheduled between April 22-26, 2024. Apply by 15 April 2024.


  • BIRMINGHAM LAW UNIVERSITY SEEKS ASSOCIATE PROFESSORS

Multiple full-time, associate professor roles are available, offering a salary range of £56,021 to £64,914. Apply by 4 April 2024.


  • NATIONAL UNIVERSITY OF SINGAPORE IS SEARCHING FOR A RESEARCH FELLOW

NUS Center of International Law seeks a Senior Researcher and a Research Associate International Law. Apply by 19 April 2024.


  • THE NEW HUMANITARIAN IS LOOKING FOR A REPORTING FELLOW

This six-month program offers a journalist from the Global South skills in global reporting. Remote work with a stipend of $2,500/month. Apply by 31 March 2024.


  • DIGNITY LEGAL ADVISOR POSITION

Dignity is hiring a legal advisor to defend vulnerable populations worldwide. The role includes a 37-hour workweek, up to 45 days of travel annually, and a focus on work-life balance. Interviews are planned for April 8 (digital or Copenhagen) and April 17, 2024, in Copenhagen, with covered travel costs for the second round. Apply by April 1, 2024.


  • UNITED NATIONS SEEKS AN INFORMATION MANAGEMENT OFFICER

Seeking a GIS or related field graduate for a role in Pretoria. Must be fluent in French and English. Apply by 27 March 2024.


  • GENSAC LOOKS FOR COMMUNICATIONS PROFESSIONAL

The Gender Equality Network for Small Arms Control is hiring a communications professional/firm for support. Compensation: $2,000/month. Apply by 29 March 2024.



News from the Facts and Norms Institute



  • FNI SUBMITS NEW REPORT ON THE RIGHTS OF THE HOMELESS IN BRAZIL

The Facts and Norms Institute (FNI) submitted a comprehensive report to the United Nations detailing the legal and social landscapes of Brazil, France, and Poland, focusing on laws and practices affecting the homeless and extremely poor populations in 2021.

Since then, significant developments prompted FNI to prepare an updated input to the UN. FNI's 2024 additional report reflects on recent legislative changes, court decisions, and government actions in Brazil concerning homelessness and extreme poverty. It elaborates on the evolving legal framework, including the Supreme Federal Tribunal's mandates to enforce the National Policy for the Homeless Population and the federal government's efforts to regulate the Father Júlio Lancellotti Act. https://www.factsandnorms.com/post/the-homeless-and-their-rights-fni-s-update-for-the-united-nations


  • IN PURSUIT OF JUSTICE: FNI MEMORIAL IN THE MASSACRE OF ACARI CASE

On 27 October 2023, following the establishment of its Inter-American Human Rights Observatory, the Facts and Norms Institute has successfully presented its first Amicus Curiae Memorial to the Inter-American Court of Human Rights. FNI's Memorial is focused on the case of Leite de Souza and Others vs. Brazil—also known as the Massacre of Acari.

Prepared by Professor Roberta Cerqueira Reis and Sofia Viegas Duarte, the Memorial presents a comprehensive argument regarding the systemic violence perpetrated by state agents in Brazil, particularly focusing on police violence, the limits of transitional justice, and the dehumanization of poor and Afro-descendant populations.


 

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