annual report - iidh annuel 2015 en.pdf · jean-pierre wacker, treasurer during this meeting, the...
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3INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 20152
WORD FROM THE PRESIDENT
IN THIS ISSUE
TEAMInternational Institute of Human Rights – Fondation René Cassin
INSTITUTIONAL ACTIVITIES Donors and PartnersInternational Festival of Human Rights Film
TRAINING SESSIONS IN FRANCE
1. TRAINING SESSIONSSummer course on refugee lawAnnual teaching session
2. CONTINUING TRAINING SESSIONSSpring school
3. SEMINARSSeminar for Italian jurists
4. EDUCATIONAL ACTIVITIESHuman rights law clinicRené Cassin pleading competition
TRAINING SESSIONS ABROADMaliLebanonSenegalHaïti
THE PRECEDENT IN INTERNATIONAL LAW
CONFERENCE - Federal Court of Mendoya, international human rights law
SYMPOSIUM - The European Court of Human Rights, a necessary confidence for a Renewed Authority
IIHR ANNUAL CONFERENCE
STUDY DAY
RENÉ CASSIN THESIS PRIZE
PUBLICATIONS
OUR 2016 PROGRAM
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As I announced in the preface of the 2014 Annual Report, the year 2015 marked a major turn in the life of our Institute: its transformation into a Foundation. I will return to that in a few lines.
First let me highlight the very large and fruitful activity of the International Institute of Human Rights in 2015. Apart from its eighteenth summer course on Refugee Law, in cooperation with the United Nations High Commissioner for Refugees, and its forty-sixth annual July session (!) in Strasbourg, the IIHR held four sessions abroad, in Bamako, Beirut, Dakar and Port-au-Prince (next year there will be three more, in Abidjan, and, for the first time, in Buenos Aires and in Yaoundé).
The scientific and academic activity has continued to be very strong: a preparatory seminar in Paris II Panthéon-Assas for the symposium organised by the Research Center for Human Rights and Humanitarian Law, and symposium in Toulouse for the protection of human rights by the supranational courts; in Paris, organised by the Research Centre for Human Rights and Humanitarian Law of the University of Paris II Panthéon-Assas, on “The European Court of Human Rights: A Necessary Confidence for a Renewed Authority”; without counting the participation of our Secretary general, Sébastien Touzé, at the Mendoza conference in Argentina. Finally, in December 2014, the proceedings of the symposium on “L’objectivation du contentieux des droits et libertés fondamentaux” have just been published by Pedone.
As for our Human Rights Clinic, we must salute the dynamism and quality of its students. At their intention, nine seminars were given by distinguished lecturers, and they had prepared a third party intervention, which has been accepted by the European Court of Human Rights in the very important case of Lambert vs France: it is a feat.
The organisation of the René Cassin European Pleading Competition is also an important event for the Institute; this appointment allows us to appreciate the high quality of written and oral submissions of passionate students in the subject of Human Rights.
I return now to the long awaited big news: the Official Journal published on December 13th, 2015 that transformed our status into a decree of Council of State. The IIHR will henceforth be a recognised public utility Foundation, of which it is a founding member along with the city of Strasbourg; without the political and material supports of the latter, the acquisition of this prestigious status – and fiscally beneficial in terms of donations - would have been very difficult, I would therefore like to thank the city of Strasbourg.The International Institute of Human Rights - Fondation René Cassin will thus have new resources that will enable it to intensify its actions. At a time when barbaric terrorism, grave violation of human rights, calls for a fight to ensure security without sacrificing liberty, it is crucial for our Institute, of recognised standing in the world, to have the means for its legitimate ambitions. It will be supported by an association of friends of the Institute, which has just been created under the chairmanship of Michel De Salvia. It aims to bring together at least all of the members of the old association, faithful and devoted to the work of René Cassin.
In this new year, I would like to extend my thanks to the staff our Institute. To parody Churchill: never have a small number of people done as much for the great cause, than that of rights and freedoms. To our staff, and to all the volunteers who do not spare their efforts, a very big thank you. And may 2016 sees the beginning of the rise of human rights in the world!
Jean-Paul COSTAPresident of the International Institute of Human Rights – Fondation René Cassin
5INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 20154
TEAM INSTITUTIONAL ACTIVITIES
THE BOARD
Jean-Paul COSTA, PresidentFrançoise TULKENS, Vice-Presidente
Luis JIMENA QUESADA, Secretary GeneralJean-Pierre WACKER, Treasurer
During this meeting, the board and the director of the IIHR-Fondation René Cassin have been elected. The board is composed of the following:
Jean-Paul COSTA, President Françoise TULKENS, Vice-Presidente Luis JIMENA QUESADA, Secretary General Jean-Pierre WACKER, Treasurer
Sébastien TOUZÉ has been appointed Director the Foundation.
DONORS AND PARTNERS
Thanks to the support of its donors and partners, The IIHR can implement and develop its training and research activities. The activities of the Institute are supported by: French-Speaking University Agency; The French Embassy in Haiti; Association of Judges and Officials of National and Federal Justice of the section Cuyo; Strasbourg Bar; Jean Monet Center of Excellence; Geneva Center for Human Rights Advocacy and Global Dialogue; Léon Duguit Center of Research; University Panthéon-Assas Research Center on Human Rights and Humanitarian Law (Paris II); Jean Bodin Center for Political and Legal Research; National Commission for Human Rights in the Ivory Coast (CNDHCI); European Council, Delegation of the European Union in Haiti; Division of Human Rights of the integrated multi-dimensional UN mission for stabilisation in Mali (MINUSMA); Judiciary School of Haiti; School of Higher Economic Studies of Moscow; Toulouse Law and Political Science School; University of Strasbourg Law, Political Science and Management School; Friedrich Naumann Foundation for Liberty; Marangopoulus Foundation for Human Rights; King Baudouin Foundation; The Civil Society Initiative; The Political Science Institute of Bologna; The Maurice Hauriou Institute; The Federative Institute of Research; IRDEIC; Minister of Foreign Affairs and International Development (France), United Nations Operations in the Ivory Coast (ONUCI); International Organisation of la Francophonie; The Prime Minister (France); The Region Alsace; The Permanent Representatives of Denmark and Luxembourg with the Council of Europe; School of Political Science- University of Bologna; The Senate (France); UNCHR; The Catholic University of Milan; Angers University; Evry-Val-d’Essonne University ; Jinan University of Lebanon; Panthéon-Assas University; Toulouse Capital University; The City of Strasbourg.
INTERNATIONAL FESTIVAL OF HUMAN RIGHTS FILM
The International Festival of Human Rights Films (FIFDH) is the festival of documentary cinema on Human Rights in France. It is the largest cultural event regarding human rights in France and it aims to raise public awareness for the protection of human rights. For several years, the International Institute of Human Rights has supported the Festival in Paris and Strasbourg.
INSTITUT INTERNATIONAL DES DROITS DE L’HOMME – FONDATION RENÉ CASSIN
The International Institute of Human Rights has been recognised recognised as a Foundation of public utility by a decree of the State Council published in the Official Journal on December 13th, 2015. The change in status of the Institute allows it to have the means necessary for its ambitions and to continue to work in favor of the protection and the promotion of human rights in France as well as the world.
The first meeting of the administrative board took place on January 28th, 2016, in the presence of François ALABRUNE, Director of legal affairs – French Ministry of foreign affairs ; Pascal MONTFORT, Magistrate at the International Organisations Bureau of European and International Affairs Department – Ministry of Justice ; Odile GATTY, Director of General Administration, Region’s Prefecture Alsace and Bas-Rhin – Ministry of Interior ; Chantal CUTAJAR, Deputy Mayor – City of Strasbourg ; Jean-Paul COSTA, President of the IIHR; Sébastien TOUZÉ, Secretary general of the IIHR ; Jean-Pierre WACKER, Treasurer of the IIHR; Michel DE SALVIA, President of the association of the friends of the International Institute of Human Rights – Fondation René Cassin ; Kathy BINGLER, Administrative and Financial Officer of the IIHR.
TRAINING SESSIONS ABROAD
SUMMER COURSE ON REFUGEE LAW
Muriel SOGNIGBÉ SANGBANA, Programme Officer
RESEARCH, CONTINUING TRAINING,
DOCUMENTATIONSEMINARS, COMMUNICATION
Agathe PETIT, Research Assistant
Evangelia VASALOU, Research Assistant
ADMINISTRATION
ANNUAL STUDY SESSION
Kathy BINGLER, Administrative
and Financial Officer
Anne-Laure GRUSSI, Executive Assistant
DIRECTION
Sébastien TOUZÉ, Director
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TRAINING SESSIONS IN FRANCE
1. TRAINING SESSIONSEvery year the Institute organises two types of teaching sessions in Strasbourg: on the one hand, a summer course on refugee law; and on the other hand, a session dedicated to the international and comparative human rights law.
SUMMER COURSE ON REFUGEE LAW
PROGRAM
THEMES PARTICIPANTS
Welcoming Statements
Jean-Paul COSTA, President of the International Institute of Human Rights – Fondation René Cassin, Former President of the ECHR; Philippe LECLERC, UNHCR Representative in Paris, France
Opening Conference Jean-Louis ATANGANA-AMOUGOU, Director of the Cabinet of the Secretary General of the International Organisation of the Francophonie
Refugee Law and International Human Rights Law
Vincent CHETAIL, Professor of International Law at the Graduate Institute of International and Development Studies, Geneva
Introduction to the UNHCR’s terms of reference and its activities
José FISCHEL DE ANDRADE, Senior Protection Officer, UNCHR, Paris
Refugees in Armed Conflicts Jean-François DURIEUX, Research associate, Refugee Studies Centre, Oxford University
Internaly Displaced Persons Emad AZIZ SEDRAK, Legal Officer, Division of International Protection, UNHCR Geneva
Convention of July 28th, 1951, and Protocol of January 31st, 1967 on the status of refugees: Article 1A inclusion
Jean-Yves CARLIER, Professeur à l’Université Catholique de Louvain ; Membre du Réseau Académique Odysseus
Convention of July 28th, 1951, and Protocol of January 31st, 1967 on the status on refugees: Article 1 C and F1- exclusion and cessation.
Jean-Yves CARLIER, Professor at the Catholic University of Leuven, Member of the Odysseus Academic Network
Convention of July 28th, 1951 and Protocol of January 31st, 1967, on the status of refugees: Article 33, Prohibition of expulsion or return (“refoulement”)
Julian FERNANDEZ, Professor of Law at the University of Panthéon-Assas (Paris II), Director of Thucydides Center
Statelessness: How to prevent it and what are the rights for stateless persons?
Inge STURKENBOOM, Statelessness Regional Protection Officer, UNCHR, Brussels
Refugees protection in Latin America
Jaime RUIZ DE SANTIAGO, Professor of International Law, Instituto Tecnológico Autónomo de México, Former UNHCR Officer
Special visit and conference: The refugees and asylum seekers in the case-law of the ECHR- European Court of Human Rights
Ledi BIANKU, Judge at the European Court of Human Rights
OBJECTIVE
The International Institute of Human Rights (IIHR) and the United Nations High Commissioner for Refugees (UNHCR), with the support of the French Minister of Foreign Affairs and International Development, have organised the 18th summer course on Refugee Law. It took place in Strasbourg from the 22nd of June to the 3rd of July 2015. This training course, established in 1998, aims to promote the rights and international protection of refugees; as well as to provide a complete and current training on this topic. The lessons are taught in French.
This training session is conducted by high-level experts with complete knowledge of the issues regarding refugees, displaced and stateless persons, and who make their expertise available to participants during the two weeks of the courses.
The participants, in addition to theoretical courses on the subject, are brought to confront their knowledge with the reality of the issues addressed by the utilisation of concrete cases during the seminars, but also in moot court.
This session is particularly aimed at: Members of the police force; Members of national eligibility commissions; Judges, Lawyers and Legal Professionals; Academics; Staff members of UNCHR; Government officials; Protection OFPRA Officers; International and national NGO staff members; Students; UN Staff.
A session more relevant than ever before
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THEMES PARTICIPANTS
Round table on activities of the UNHCR Representation in Strasbourg with representatives of the Council of Europe
Delphine LENEUTRE, Legal Associated with the UNHCR Representation to the European Institutions in Strasbourg Fredrik SUNDBERG, Deputy to the Head of Department for the Execution of Judgments of the European Court of Human Rights; Chief of Information, Research and Publications Division; Nikolaos SITAROPOULOS, Deputy to Director and Head of Division, Office of the European Commissioner for Human Rights; Julien ATTUIL, Administrator, European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
Refugees protection in the Arab World
Nabil BENBEKHTI, Senior Protection Officer, UNHCR, Tunis
Refugees protection in AfricaBrigitte MUKANGA-ENO, Senior Protection Officer, Africa, UNHCR, Geneva
European Policy on asylum and immigration
Francesco MAIANI, Associate Professor, Institute of Advanced Studies in Public Administration
Gender and international protection Fadela NOVAK-IRONS, Senior Staff Development Officer, UNHCR Budapest
Moot Court: Decisions and debriefing
Moderator : Dominique MONGET-SARRAIL, Lawyer
Closing Ceremony
Michel DE SALVIA, Vice-President de l’IIDH ;José FISCHEL DE ANDRADE, Senior Protection Officer, UNHCR Paris;Muriel SOGNIGBÉ SANGBANA, Programme Officer - IIHR
CoordinationJosé FISCHEL DE ANDRADE, Senior Protection Officer, UNCHR, ParisMuriel SOGNIGBÉ SANGBANA, Programme Officer - IIHR
RESULTS
The summer course welcomed 70 participants from 29 different countries. The number of participants increased compared to previous sessions due to particularly concerning news with increasingly important population movements. The participants and the speakers have established an intense and constructive dialogue which enabled them to raise major issues faced by refugees and the legal responses of international and regional refugee law.
This course aims to respond to a growing need for training professionals confronted with questions on refugee law, displaced persons and stateless persons.
PARTICIPANT’S TESTIMONY
DABIRE Samson Mwin Sôg MèPhD Candidate and Assistant to the Department of Public LawUniversity of Geneva
I have kept an unforgettable memory from the 18th course on Refugee Law, organised by the International Institute of Human Rights in Strasbourg and the UNHCR representation in France.
By participating, I mainly followed a double objective: to deepen my knowledge on the matter of refugees and to find food for thought for the needs of my doctorate thesis research which covers, “The States of Emergency in Africa”, circumstances which often generate internal displacement and sometimes feed into the flux of refugees as well. This is an eminently complex issue to which I have become more and more attached to since finishing my Masters in International Humanitarian Law and Human Rights, which served as some kind of initiation for me. This 18th summer course was a perfect opportunity for me to learn more, as well as the sources which say that the multiple consequences of the refugee phenomenon are still current nowadays.
I can say without hesitation that my objectives have thus been achieved. In fact, the lessons were thorough. Some of the teachers and panelists had a perfect mastery of their field, while the others had a strong practical experience to share. So, during these two weeks, we were well equipped on the complexity of the legal and practical questions regarding refugees. In particular, the experiences, training, and the diverse origins of participants were very enriching for grasping the contemporary challenges of the problem. Likewise, the final exercise of moot court, real teamwork, came about as a part of an application of theoretical knowledge to a concrete case of a request for asylum in order to flee persecution. Although a fictitious case, it was a special moment where emotion, feelings, talents, and sensitivity mixed, all testifying the greatness of law and legal reasoning. In such a warm and friendly atmosphere, this rewarding training has filled my expectations.
I would also like to reiterate my gratitude to the International Institute for Human Rights in Strasbourg, the UNHCR Representative in Paris and in Strasbourg, and to all of the participants of whom I keep the best memory.
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ANNUAL TEACHING SESSION
CHILDREN AND INTERNATIONAL HUMAN RIGHTS LAW
OBJECTIVE
In 2015, the Institute organised its 46th annual training session. Put into place for the first time in 1970 by René Cassin, founder of IIHR, this training session aims to train legal practitioners, academics and researchers, students, and every person interested in the international legal instruments protecting human rights while relying on a current issue. It allows participants to deepen or perfect their academic knowledge, but also to be confronted with different realities and different experiences.
This 46th training session took place in Strasbourg, from the 6th to the 24th of July, and focused on the theme “Children and International Human Rights Law”. It was designed to familiarise the participants with various international systems of protection of human rights, to tackle the different issues related to the child’s status in international law of human rights but also in the other relevant areas of law. The basic courses were given in 4 languages: French, English, Spanish and Arabic. The courses were held by international law of human rights specialists.
PROGRAM
THEMES PARTICIPANTS
Opening Conference Opening Speech René Cassin Thesis Prize Ceremony
Thematic Courses
Thematic Course 1 : United Nations Convention on the Rights of the Child
Karin ARTS, Professor, International Institute of Social Studies, Erasmus University Rotterdam
Cours Thématique 2 : La protection de l’enfant dans les conflits armés
Djamchid MOMTAZ, Professeur, Université de Téhéran ; Ancien Président de la Commission du droit international des Nations Unies
Cours Thématique 3 : La protection de l’enfant en Droit International Pénal
Rafaëlle MAISON, Professeur, Université Paris-Sud (Paris XI)
Cours Thématique 4 : La protection internationale de l’enfant migrant
Jean ZERMATTEN, Directeur, Institut International des Droits de l’Enfant – Chaire Fondation Roi Baudouin
Thematic Course 5 : Protection of children who are victims of international human rights violations
Susanna GREIJER, Doctor in International Law; Project Coordinator at ECPAT and independent expert on children’s rights and child protection
In-Depth Courses
Cours d’approfondissement 1 : La notion d’intérêt supérieur de l’enfant : approche comparée
Hughes FULCHIRON, Professeur, Directeur du Centre de droit de la famille, Université Jean Moulin Lyon 3
Cours d’approfondissement 2 : La Convention sur les aspects civils de l’enlèvement international d’enfant et les conventions internationales en matière de protection des droits de l’homme
Karine PARROT, Professeur, Université Cergy-Pontoise
Cours d’approfondissement 3 : La protection des mineurs non accompagnés
Daniel SENOVILLA HERNANDEZ, Docteur en droit; Juriste au Laboratoire MIGRINTER, Université de Poitiers
This training session was aimed at: • Academics and researchers • Members of Non-governmental organisations • Legal professionals• National and international civil servants • Advanced students in legal, political, human and social sciences;• Other professions confronted with human rights
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THEMES PARTICIPANTS
In-depth Course 4 : Protection of children against sexual exploitation
Isabelle WATTIER, Ph.D Candidate at the Interdisciplinary Research Centre on Deviance and Penalty, Catholic University of Louvain
Cours d’approfondissement 5 : Religions, pratiques religieuses et protection de l’enfant
Gérard GONZALEZ, Professeur, Institut de Droit Européen des Droits de l’Homme, Université de Montpellier 1
In-depth Course 6 : Protection of children and new technologies
Eva LIEVENS, Guest Professor at Ghent University; Programme Coordinator at the Interdisciplinary Centre for Law and Information Technology of KU Leuven University
In-depth Course 7 : Fight against forced child labour
Vitit MUNTARBHORN, Professor, Chulalongkorn University; Former United Nations Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography; Rapporteur of the International Labour Organisation Committee of Experts on the Application of Conventions and Recommandations
Introductory Courses
International Human Rights law
French : Christian TOMUSCHAT, Professeur émérite, Université Humboldt de Berlin; Président de la Cour de conciliation et d’arbitrage de l’Organisation pour la Sécurité et la Coopération en Europe à GenèveEnglish : Rick LAWSON, Professor and Dean, Leiden Law SchoolSpanish : Elizabeth Silvia SALMON GARATE, Profesora y Directora del Instituto de Democracia y Derechos Humanos de la Pontificia Universidad Católica del PerúArabic : Ali SEDJARI, Professeur, Titulaire de la Chaire UNESCO des droits de l’homme, Université Mohammed V, Agdal-Rabat
Fundamental Courses
The human rights protection system of the United Nations and of its specialised agencies
French : Emmanuel DECAUX, Professeur, Université Panthéon-Assas (Paris II)English : Français CREPEAU, Professor, McGill University; United Nations Special Rapporteur on the Human Rights of MigrantsSpanish : José THOMPSON, Director Ejecutivo, Instituto Interamericano de Derechos HumanosArabic : Kamel FILALI, Professeur, Université Constantine 1
THEMES PARTICIPANTS
The European human rights protection system
French : Patrick WACHSMANN, Professeur, Université de StrasbourgEnglish : Ineta ZIEMELE, Judge at the Constitutional Court of Latvia; Former Judge and President of the Section of the European Court of Human Rights – Chaire MarangopoulosSpanish : Susana SANZ CABALLERO, Profesora, Universidad Cardenal Herrera-CEUArabic : Mohammed Amin AL-MIDANI, Président du Centre Arabe pour l’Éducation au droit international humanitaire et aux droits humains (France); Professeur invité à l’Université de Strasbourg
The Inter-american human rights protection system
French : Monica PINTO, Professeur, Université de Buenos AiresEnglish : Antonio Augusto CANÇADO TRINDADE; Judge at the International Court of Justice, Professor at the University of Brasilia; Former President of the Inter-American Court of Human RightsSpanish : Manuel E. VENTURA ROBLES, Juez, Corte Interamericana de Derechos Humanos
The African human rights protection system
French : Mutoy MUBIALA, Administrateur de la Section II Afrique, Haut-Commissariat des Nations Unies aux droits de l’hommeEnglish : Obiora Chinedu OKAFOR, Professor, Osgoode Hall Law School, York UniversitySpanish : Felipe GOMEZ ISA, Profesor, Instituto de Derechos Humanos Pedro Arrupe, Universidad de DeustoArabic : Ayman Abdelaziz SALAMA, Professor, Nasser Higher Academy, Egypt
Special Courses
The Arab Charter on Human Rights
French : Tarek MAJZOUB, Professeur, Université La Sagesse de Beyrouth, Magistrat au Conseil d’État libanaisEnglish : Ahmed ABOU-EL-WAFA, Professor, Cairo University
Human Rights Protection in Asia
French : Nicolas AGOSTINI, Délégué de la Fédération Internationale des Ligues des Droits de l’Homme auprès de l’Organisation des Nations Unies à GenèveEnglish : Debbie STOTHARD, Secretary General, International Federation for Human Rights, Coordinator of the Alternative Asean Network on Burma
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THEMES PARTICIPANTS
Special Conferences
International children’s rights and juvenile justice
Ton LIEFFARD, Professor of children’s rights, Leiden Law School
Les défis contemporains du Comité des droits de l’homme des Nations Unies
Fabián Omar SALVIOLI, Président du Comité des droits de l’homme des Nations Unies, Professeur à l’Université nationale de La Plata
La protection de l’acquisition à la pluralité d’opinion et à la tolérance chez l’enfant
Alain BERTHOZ, Professeur émérite au Collège de France; Membre de l’Académie des Sciences, de l’Académie Américaine des Arts et des Sciences et de l’Académie Royale de Médecine de Belgique et de Bulgarie
Director of Studies Evangelia VASALOU, Assistant researcher at the International Institute of Human Rights, PhD student at the University of Panthéon-Assas (Paris II)
OUTCOME
This session welcomed 258 participants coming from 60 different countries, a strong increase in number over the session in 2014. The participants could follow the thematic courses, notably including those on the protection of children in armed conflicts, the protection of children in international criminal law or the protection of child victims of international human rights violations. This session also put into place various in-depth courses and special conferences on the developed theme.
THE DIPLOMA OF THE IIHR
The Diploma of the IIHR is open to the participants of the summer training session who already have a strong knowledge of international and comparative human rights law (post-graduate level, L.L.M. or Masters). This diploma is distinct from the session’s certificate as the exam consists of three tests (written, practical and oral) and requires a very high level of knowledge. The laureates from the 2015 session are Serges Paul NTAMACK EPOH (Cameroon) and Nadia NAHMAN (Guinea). The list of honorees of the Diploma of the IIHR and all other relevant information are available on our website.
PARTNERS
The organisation of this session would not have been possible without the support of our partners and donators: the Prime Minister (France), the Senate (France), the International Organisation of La Francophonie, the Council of Europe, Permanent Representatives of Denmark and Luxembourg with the Council of Europe, the City of Strasbourg, Region Alsace, Bar of Strasbourg, University of Strasbourg,
Faculty of Law, Political Sciences and Management of Strasbourg, Friedrich Naumann Foundation, Marangopoulos and King Baudouin, Geneva Centre for the Promotion of Human Rights and the Global Dialogue
PARTICIPANT’S TESTIMONY
Strasbourg in my Mind - (The IIDH Experience)Maria Josefina G. San Juan – Torres
Because of my status as a judge at the Court, I was –unintentionally at first- driven towards a growing interest in the defense of human rights. I found myself facing a number of difficult cases involving children. I then realized that it was time for me to orient myself towards this branch of law that interested me personally, and which corresponded to my personal beliefs. Thus I have returned to Strasbourg as a student, once again.
Strasbourg had already been an important step in my legal career. Indeed, seventeen years ago I had been given the opportunity to participate in summer training on the children’s rights organised by the institute, founded by the renowned and respected human rights defender, René Cassin. This arrival in Strasbourg has been a moment of nostalgia for me, a mix of certain apprehensions to know to what extent the city of Strasbourg could have changed but also how I, myself, could have, changed. I had participated as a student to the session in 1994, where I obtained the Diploma of IIHR, then as a speaker in 1998.
What particularly struck me was the warm, dry climate that welcomed me. Coming from a country with a tropical climate, I was not prepared for that. It was a particularly hot summer that I can only attribute to the effects of global warming, but that is not the subject that interests us here.
In reality, I was delighted to be back in Strasbourg as a student. The theme of the 46th annual session indeed dealt with a subject that I hold dear to my heart: the rights of children. The first days were spent on the normal procedure of registration and reconnecting with the Institute staff that had helped me and with whom I have worked during sessions in the 1990’s. I was also able to come across some of my old professors who realise their commitments and advocacy on the behalf of human rights by continuing to teach at the annual summer session of the Institute. These moments were for me both particularly challenging and rewarding.
I was especially impressed by the session’s opening ceremony held at the Council of Europe. Brilliant representatives of the Council of Europe and of the International Institute of Human Rights, which brought a touch of dignity and honor for the participants, led this formal ceremony and the program here. Another welcoming ceremony was organised by the City of Strasbourg at City Hall in the presence of the Deputy Mayor.
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Visits were also organised to high historical and institutional venues, such as the Council of Europe, the European Parliament, and even the former Struthof concentration camp. These expeditions most certainly contribute to the international reach of the Institute and allow it to create a tangible work atmosphere. They have an impact on the participants who were present to learn but who intended to be more than mere spectators of this summer session.
The session then started with a series of lectures on the various problems related to children’s rights. Here, I will allow myself to highlight what seem to be the essential points of the annual training session:
A MULTIDISCIPLINARY APPROACH: While the main topic was child rights, the summer session program dealt with a wide range of sub-themes related to children’s rights from different perspectives and approaches- law enforcement, issues related to the public minister, the field of judiciaries and NGO’s. The subject was not only covered in a legal manner, it also allowed the acquisition of a philosophic and sociological vision coupled with practical experiences of speakers and participants.
THE DIVERSITY OF PARTICIPANTS: The composition of participants and speakers working in various disciplines and coming from various countries was a tremendous springboard for the promoting interactions, reflections and discussions. The cultural and social differences allowed giving a global perspective on the current trends in children’s rights each session. This heterogeneous mix of participants contributed to the creation of high-quality exchanges.
METHODOLOGY: The lectures were given by experts and professionals who have not only comprehensive theoretical knowledge of the topic, but also a solid experience in the field.
The courses were given in the same manner as the lectures with little opportunity for interactions. While this conventional and
traditional way of teaching is a dissemination tool of information due to the large number of participants, it would have been more interesting in to implement certain moments for group work and discussions. This might have overcome the monotony of days with intensive courses that mentally and physically exhausted the participants and the speakers. This has been accentuated by the exhausting heat and lack of air conditioning. The course program should, perhaps, spread out in order to facilitate meeting with the speakers outside of the classroom. As a participant from afar, these discussion opportunities and reflection with experts were indisputably pertinent and useful.
The establishment of working groups on different topics selected during the in-depth courses would have been more valuable and beneficial instead of the lectures covering a number of important issues. These discussions could have been added to the provided educational courses.
It should also be noted that these classes were taught by experts, who not only had a specialised knowledge, but also real practical experience in many countries. We learned so much from them. I also studied among students from around the world all of whom had a rich and diverse knowledge. Most of them had an important experience on the topic of human rights, which has led to rich and interesting discussions on the general and social problems regarding children.
LOGISTICS AND ASSISTANCE: The administrative staff of the Institute has been very friendly, helpful and encouraging. We have admired their patience, perseverance, and their professionalism in managing a large group of participants coming from different countries and working in various fields. The language barrier was hardly a concern since everything had already been thought of. However, the classrooms were not conductive to concentration and learning considering the lack of air-conditioning and a major heat wave in Europe, but I don’t think anyone can blame the Institute for that.
The accommodation at the University is also a unique element of this summer session. This organisation encourages group interaction, which is a part of the experience in Strasbourg. The participants were lead to discuss with one
another after the sessions. This enabled them to meet the speakers intervening in different domains and who came from other parts of the world.
In conclusion, the Institute’s annual session was not only a training session on children’s rights or human rights, though that mission was accomplished. I wanted to find myself in a work environment that was genuinely international, diverse, dynamic, and challenging by meeting people with different perspectives and experiences. The participants were passionate about learning and their enthusiasm was contagious.
I will finish this testimony with a positive and hopeful note. I hope that the Institute will continue organising these annual training sessions and feed this inspirational forum and bring about positive change. This legacy of René Cassin, followed by IIHR, was a real life experience for me.
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2. CONTINUING TRAINING SESSIONSThe International Human Rights Institute organised, in conjunction with different bars, schools of administration and faculties, training sessions in international law and European human rights to practitioners. These sessions can be validated under the obligatory continued education of professionals, which are open to advanced students as well.
SPRING SCHOOL
FAMILY LAW IN THE EUROPEAN LEGAL FRAMEWORK
From the 30th of March to the 2nd of April, 2015, the IIHR, the Faculty of Political Science of Bologna and the Moscow School of Advanced Economic Studies, organised a Spring School in Strasbourg. This was designed for legal practitioners and advanced students and was entitled “Family law in the European Legal Framework”.
This school allowed participants to address a number of relevant themes in family law, such as gay marriage or surrogacy, and to understand their treatment in European human rights law. Furthermore, the education allowed participants to deepen their knowledge on the functioning of European Court of Human Rights and notably on the request processing system.
This spring school welcomed 15 participants, who mainly are lawyers. This event is the first step of the implementation of many annual spring schools by the three partners. The next spring school will be organised by the Moscow School of Advanced Economic Studies.
THEMES PARTICIPANTS
March 30th
Welcoming Statements
Jean-Paul COSTA, President of the International Institute of Human Rights – Fondation René Cassin, Former President of the European Court of Human Rights Dimitry ZAYTSEV, Professor, Higher School of Economics of Moscow (HSE)Marco BALBONI, Professor, School of Political Science – University of Bologna
Opening Conference Françoise TULKENS, Former Judge of the European Court of Human Rights
Fundamental course : The European Human Rights Protection System
Pietro PUSTORINO, Professor at the University of Siena
Cours thématique : L’égalité des époux dans les effets du mariage en droit européen des droits de l’homme
Céline HUSSON-ROCHCONGAR, Maître de conférences, Université d’Amiens
March 31st
Fundamental Course: The European Human Rights protection system – The proceedings before the ECHR and the Committee of Ministers of the COE
Michel DE SALVIA, President of the “Association of friends of the IIHR”, Former lawyer and clerk of the European Court of Human Rights
Cours fondamental : Le Système européen de protection des droits de l’homme – L’application de la Convention européenne des droits de l’homme en droit interne
Peggy DUCOULOMBIER, Professeur de droit, Université de Strasbourg
Cours thématique : L’union et le mariage homosexuel et le droit de la Convention européenne des droits de l’homme
Marco BALBONI, Professor, School of Political Science – University of Bologna
Thematic course : Family Policy and LGBT rights in Russian Federation : new national legislation in the context of European Convention
Dimitry ZAYTSEV, Professor, High School of Economics of Moscow (HSE)
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THEMES PARTICIPANTS
1er avril
Cours fondamental : Le Système européen de protection des droits de l’homme – La Convention européenne des droits de l’homme : élément de l’ordre constitutionnel de l’Europe
Michel DE SALVIA, Vice-Président de l’IIDH, ancien greffier et ancien jurisconsulte de la Cour européenne des droits de l’homme
Cours thématique : La question de la gestation pour autrui en droit européen des droits de l’homme
Sylvie SAROLEA, Professeure à l’Université catholique de Louvain, Avocate au Barreau de Nivelles (Belgique)
Cours thématique : L’interprétation de la Convention de La Haye sur les aspects civils de l’enlèvement international d’enfants
Fabien MARCHADIER, Professeur de droit privé, Université de Poitiers
April 2nd
Fundamental course : The European Human Rights Protection System – The role of the Parliamentary Assembly of the Council of Europe in the system of the European Convention of Human Rights
Adrew DRZEMCZEWSKI, Head of the Legal Affairs and Human Rights Department of the Parliamentary Assembly of the Council of Europe
Final Evaluation
Closing Conference: La question du regroupement familial en droit européen des droits de l’homme
Geoffrey WILLEMS, Assistant à l’Université Catholique de Louvain
Closing Statement Michel DE SALVIA, President of the “Association of friends of the IIHR”, Former clerk and former lawyer of the European Court of Human Rights
COURSES SPEAKERS
European Convention on Human Rights and external operations
Michel DE SALVIA, President of the “Association of friends of the IIHR”; President of the Association Jura Hominis Italian section of the International Commission of Jurists; Former clerk and former lawyer of the European Court of Human Rights
The role of the Council of Europe in the European political architecture
Michel DE SALVIA, Vice-President IIHR
Visit to the Council of Europe
Meetings and debates during the visit of the European Court of Human Rights
Guido RAIMONDI, Italian Judge and President of the European Court of Human Rights
Confiscation in the absence of condemnation, the Varvara Case before the European Court of Human Rights and the Italian Constitutional Court
Paolo CANCEMI, Clerk, Chief of Legal Division at the Registry of the European Court of Human Rights
The ethics of law and the subsidiarity principle in relation to the recent case law of the European Court of Human Rights
Michel DE SALVIA, Vice-President IIHR
Discussions on the Case Paradiso and Campanelli v. Italy
Michel DE SALVIA, Vice-President IIHR
Human Rights and Italian criminal law: the recent decisions of the Strasbourg Court against Italy; the cases of Cestaro v. Italy, Contrada v. Italy, and Paolello v. Italy
Marco ESPOSITO, Lawyer at the Court of Cassation; Director of Research in Criminal Law and Criminal Procedure at the University of Napoli Federico II; International Human Rights Protection Specialist; President of the Institute Forense for the Defense of Human Rights of the Bar of Naples
3. SEMINARSFor several years, the Institute has been organising specialised seminars for Italian law practitioners.
SEMINAR FOR ITALIAN JURISTS
THE COMMON EUROPEAN DISCIPLINE AND ETHICS OF LAW: THE LESSONS FROM THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS
The 4th and 5th of December 2015, the International Institute of Human Rights organised a seminar for Italian jurists and lawyers under the direction of Michel DE SALVIA, Vice-President of IIHR. This seminar focused on “The Common European Discipline and Ethics of Law: The Lessons from Case Law of the European Court of Human Rights”.
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SEMINARS IN 2014-2015 COURSES SPEAKERS
October 29th, 2014The activities of ACAT in the fight against torture
Nordine DRICI, Director of Programs and Actions Pole ACAT France
November 18th, 2014 UN Committee on the Elimination of Racial Discrimination
Régis DE GOUTTES, Honorary Lead General Attorney of the Belgium “Cour de Cassation”, Former President of UN Committee for the Elimination of Racial Discrimination, Member of the Advisory National Commission on Human Rights
February 2nd, 2015 Procedure before the ECHR—The perspective of judge
Ledi BIANKU, Albanian Judge at the European Court of Human Rights
March 31st, 2015Procedure before the ECHR—The perspective of lawyer
Patrice SPINOSI, Lawyer at the State Council and the Court of Cassation, Professor at the Law School of Science Po Paris, Administrator of the Observatoire International des prisons and Expert Lawyers Club
May 11th, 2015 Procedure before the ECHR – The perspective of Registry
Pascal DOURNEAU-JOSETTE, Chief of the French Division of the Registry of the European Court of Human Rights
May 12th, 2015
The third-party interventions of the UNHCR before the European Court of Human Rights
Samuel BOUTRUCHE, Associate Officer, UNCHR Strasbourg
4. EDUCATIONAL ACTIVITIES
HUMAN RIGHTS LAW CLINIC
The return of the Human Rights Law Clinic of Strasbourg, created in 2013 by IIHR and the Faculty of Law at the University of Strasbourg, took place on October 16th, 2015, for the two promotions (2013-2015 and 2014-2016) composed of a total of 16 students. The Human Rights Law Clinic takes place over two years and combines theoretical training in international law of human rights and implementation by the processing litigation before the European Court of Human Rights and the cooperation with diverse actors in the domain of human rights.
The clinicians are encouraged to work with partners who apply the Clinic on different themes or legal problems, but also with groups on topics proposed by the students or the professors supervising the diploma. Moreover, they follow courses at the Faculty of Law, Administration, and Political Science of Strasbourg, and seminars taught by experts in international human rights that take place at the Institute.
One of the important activities of the year 2014-2015 for the clinicians was drafting a third-party intervention in the name of the Clinic, and after having obtained the authorisation of the European Court of Human Rights, in the case Lambert v. France (n° 46043/14).
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SEMINARS IN 2014-2015 COURSES SPEAKERS
October 16th, 2015 Opening session
Sébastien TOUZÉ, Director of the International Institute of Human Rights – Fondation René Cassin, Professor at the University of Panthéon-Assas (Paris II), Member of the United Nations Committee Against Torture Nikki ALOUPI, Director of the Clinic, Professor at the University of Strasbourg, Associate judge appointed by the UNHCR to the National Court of Asylum Law
November 18th, 2015Protection of refugees in Europe
Delphine LENEUTRE, Legal associated to the UNHCR representation to the European Institutions in Europe
December 2nd, 2015The National Court of Asylum Law
Niki ALOUPI, Professor at the University of Strasbourg, Associate judge at the CNDA; Helène Raspail, Professor at the University of Maine, Associate Judge at the CNDA
December 14th, 2015 The advocacy work of NGO’s
Antoine BERNARD, General Director of the International Federation of the league of Human Rights
December 15th, 2015
The principle of non-discrimination and international human rights law
Frédéric EDEL, Researcher at the Center of Expertise and Administrative Research (CERA) of the ENA; Deputy Editor of the French Review of Public Administration (RFAP), Lecturer in Public Law at the University of Strasbourg
RENÉ CASSIN PLEADING COMPETITION
From the 8th to the 10th of April 2015, the 30th edition of the René Cassin European Human Rights Competition took place in Strasbourg.
The theme of the subject dealt with human rights and the family under the particular angle of children’s rights. On April 10, the finale was held in a large courtroom of the European Court of Human Rights and ended with the victory of The University of Basel against the University of Montpellier.
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TRAINING SESSIONS ABROAD
These training sessions intend to promote education, principally in international human rights law, in diverse regions of the world and to help reinforce the ability of actors to intervene effectively in this domain. These sessions respond to a strong demand for training in this field and the human rights professions demonstrate a manifested interest in these teachings. They are organised primarily in regions where the lack of training undermines the establishment of an effective system for the protection and promotion of human rights OBJECTIVE
The International Institute of Human Rights, the Friedrich Naumann Foundation for Freedom, the Human Rights Division of the Integrated Multidimensional Mission in Mali (DDH-MINUSMA) organised a second training session in Bamako Mali. This session focused on criminal law and international human rights law and took place February 23rd to 28th, 2015.
Since 2012, Mali suffered a serious security crisis due to the events taking place in Northern-Mali. The commitment of MINUSMA in July 2013 in Mali permitted the establishment of a transition period and the organisation of a presidential election.
Faced with this situation, the IIHR, the Friedrich Naumann foundation for Freedom and MINUSMA, wanted to continue their activities in Mali that began in 2013 by organising a second training session. This training aims to strengthen the common understanding of the challenges affecting the international protection of human rights and actions that strengthen protective mechanisms in their favor. This session contributes to the reinforcement of the rule of law in Africa by giving participants the keys to a better management of the post-conflict situation through an effective application of freedoms and human rights and training procedures along with principles of international criminal law.
Training Sessions Abroad - 2015Bamako, Mali
Beirut, LebanonDakar, Senegal
Port-au-Prince, Haïti
MALI
INTERNATIONAL CRIMINAL LAW AND INTERNATIONAL HUMAN RIGHTS LAW
PROGRAMME
THEMES SPEAKER
Welcoming Adresses
Guillaume NGEFA, Representative of the High Commissioner for Human Rights in Mali and Director of the Human Rights Division of the MINUSMA; SEM Günter OVERFELD, German Ambassador to Mali; Inge HERBERT, Regional Director West Africa, Friedrich Naumann Foundation for Freedom (FNF); Muriel SOGNIGBÉ SANGBANA, Programme Officer - International Human Rights Institute (IIHR), Strasbourg; Arnaud AKODJÉNOU, Representative of the United Nations Secretary General; M. Mohamed DIARRA, Minister of Justice and Human Rights
Film Screening “For Peace, Human Dignity, and Freedom in Mali”
Inaugural lecture Babacar KANTÉ, Professor of public law, Honorary Dean of the Law School and Political Sciences of the University Gaston Berger, Saint-Louis, Senegal
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THEMES SPEAKER
International Human Rights Law Brusil Miranda METOU, Lecturer at the University of Yaoundé II
Thematic Course: Refugee Law Olivier BEER, Representative of the UN High Commissioner of for Refugees, Mali
International Criminal Law: the incriminations and the criminal law rules
Pierre BODEAU-LIVINEC, Professor of Public Law at the University of Paris VIII Vincennes- Saint-Denis
International Criminal Law: Prosecution before national courts
Philippe CURRAT,Lawyer at the Geneva Bar
Thematic Course: Transnational justice
Emmanuel GUEMATCHA, Postdoctoral Fellow, Osgoode Hall Law School, York University, Toronto
International Criminal Law: the organic approach of the ICC
Philippe CURRAT, Lawyer at the Geneva Bar
International Humanitarian Law Philippe LAGRANGE, Professor, Dean of the Faculty of law and social sciences and the University of Poitiers
International Criminal Law: the forms of responsibility and the representation of victims before the ICC
Pierre BODEAU-LIVINEC, Professor of Public Law at the University of Paris VIII Vincennes- Saint-Denis
International Criminal Law: Cooperation with the ICC- immunity in front of the ICC
Emmanuel GUEMATCHA, Postdoctoral Fellow, Osgoode Hall Law School, York University, Toronto
Closing Conference Yvon Christian ELENGA, Doctor in Political Theology, Rector of the Theological Institute of the Society of Jesus
Closing Statements
Mouhamadou Lamine CISSÉ, Representative of the Friedrich Naumann Foundation for Freedom (FNF) in Mali; Muriel SOGNIGBÉ SANGBANA, Programme Officer - International Institute of Human Rights (IIHR); Guillaume NGEFA, Representative of the High Commissioner for Human Rights in Mali and Director of the Human Rights Division of MINUSMA
Coordination
Mouhamadou Lamine CISSÉ, Representative of the Friedrich Naumann Foundation for Freedom (FNF) in Mali; Muriel SOGNIGBÉ SANGBANA, Program Manager at the International Institute of Human Rights (IIHR); Yandé KANE NDEYE, DDH-MINUSMA
RESULTS
The session welcomed more than 115 participants coming from 13 countries (Mali, Ivory Coast, Niger, Cameroon, Burkina Faso, Senegal, Central African Republic, DR Congo, Burundi, Mauritania, Togo, Chad, and Congo). The participants were mainly judges, lawyers and jurists but the session welcomed a large representation of national and international officials; these three professional categories were the main targets of this training session.
It allowed participants to receive high-level training and to open a constructive dialogue between the participants and speakers.
PARTICIPANT’S TESTIMONY
Ngane NDOURMagistrate, President of the Louga District Court (SENEGAL), Secretary for International Justice of the Senegalese Human Rights League (LSDH), Secretary
Responsible for the Publication and Club Research and Studies in Human Rights Africa (CREHDO-AFRIQUE)
To make a testimony on the sessions of the International Human Rights Institute is an exciting but difficult exercise for me. It was exciting in the sense that it contributed, to the best part, to the acquisition of my knowledge and skills in the field of human rights. In 2008, when I was leaving for Strasbourg for the first time to participate in the summer session of July, I had no knowledge on human rights. I went simply by intellectual curiosity, being a lover of continuing education and research. But the quality of training I received there, the education and the discussions I had with other participants coming from all the world’s justice systems, convinced me that the question of human rights should interest everyone, especially given the current global context. Coming from an African country, a continent where the situation of human rights is still concerning, and being a judge who, by consequence, has a decisive role to play in the protection of human rights, I decided to make this question mine.
Today, I participate in several activities to promote human rights in my country through training provided to my colleagues, Penitentiary Administration’s Staff, journalists, etc.
One of our proverbs says: “Never abandon what made you a man”. Applied to my relationship with the IIHR, I can say that it has made me who I am now in the culture of human rights. Therefore after this session, I have followed those from Strasbourg 2012, Dakar and this February 2015 in Bamako, which I have also had the privilege of being the laureate.
I am sure that the same testimony could be made by thousands of people in every corner of the world; the Institute welcomes participants of all parts in Strasbourg, and also organises sessions abroad on all of the continents. This is where the IIHR is the true ambassador of human rights worldwide.
A testimony is difficult because I cannot find adequate words to sufficiently express my feelings. This is why I ask for clemency from members of the Institute in their demand, but keep in mind that there are no words to describe the work done by the Institute for the promotion of human rights in the world. It is just excellent.
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OBJECTIVE
The International Institute of Human Rights, the Department of Human Rights of the University of Jinan of Tripoli organised a third training session “Mona Haddad human rights” in Beirut, with the support of the University Agency of La Francophonie. This session took place from the 4th to the 8th of May 2015. The objective of this training is to raise awareness of civil society actors and stakeholders in the field of human rights issues.
The Arab world is currently experiencing important transitions as well as major difficulties; this training aims to improve the knowledge of civil society in this area so that it can fully participate in the process of strengthening democracy without neglecting the factor of “human rights”. The scientific program of this third session proposed a dual approach, universal and regional, of the problem of protecting human rights.
LEBANON
INTERNATIONAL HUMAN RIGHTS LAW
PROGRAMME
THEMES SPEAKERS
Welcoming Statements
Aicha YAKAN, Vice-President of the University of Jinan; Sébastien TOUZÉ, Director of the IIHR; Professor, University Panthéon-Assas (Paris II); Cynthia RAAD, Regional Directory of the Middle East Office of the AUF; Georges JREIGE, Chairman of the Bar Association of Beyrouth; Jérôme CAUCHARD, Officer of the Embassy of France in Lebanon; Ahmad JAMMAL, Director General of Higher Education in Lebanon
Inaugural Conference Michel MOUSSA, Former Minister of Social Affairs and Labour, President of the Parliamentary Commission on Human Rights
The Universal system of human rights protection
Ludovic HENNEBEL, Chair of Excellence in international human rights law and global law; Aix-Marseille University
The European system of human rights protection
Sébastien TOUZÉ, Professor at the University of Panthéon-Assas (Paris II), Director of IIHR
The Arab system of human rights protection
Mohammed Amin AL-MIDANI, Guest Professor, University of Jinan, Member of IIHR
Round Table I: The regional mechanisms of human rights protection (Africa, Arabic, and Islamic)
Muriel SOGNIGBÉ SANGBANA, Programme Officer of IIHR; Mohammed Amin AL-MIDANI, Guest Professor, University of Jinan, Member of IIHR
International criminal law Isabelle MOULIER, Lecturer, Law School, University of Auvergne
Human rights and transnational justice
Nidal JURDI, Responsible for Human Rights, Regional Office of the United Nations High Commissioner for Human Rights, Beirut
Round Table II: The role of NGO’s in human rights
Muriel SOGNIGBÉ SANGBANA, Program manager at IIHR; Nadim HOURI, « Human Rights Watch » Representative to Lebanon; Caroline MASBOUNGI, Representative of the Danish Refugee Council (DRC)
International Humanitarian Law and the protection of cultural heritage
Cristina MENEGAZZI, Project Officer, UNESCO, Beirut
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THEMES SPEAKERS
Round Table III: International Humanitarian Law
Saïd MAJZOUB, Head of the Human Rights Department, Jinan University; Ahmad ISHRAKIEH, Lecturer, Faculty of Law at the Lebanese University
International Humanitarian Law and the role of the ICRC
Tanguy DE BLAUWE, Legal advisor to the ICRC
OUTCOME
Universities and members of international organisations moderated this Franco-Arab program. The translation of all the courses, done by the University of Jinan, was of high quality, facilitating exchanges and debates. The training was a success as demonstrated by the success rate of the certificate that has reached over 95%, reflecting a good understanding of the topics by participants.
This session was attended by 70 participants from several Arab countries: Syria, Iraq, Yemen, Saudi Arabia, Tunisia, Palestine and Lebanon, who are legal professionals (lawyers, magistrates, academics, international civil servants, members of staff of NGO).
PRESENTATION AND OBJECTIVES
Introduced in 2003, the training sessions in Dakar are jointly organised by the International Institute of Human Rights, the Regional Office in West Africa and the Friedrich Naumann Foundation for Liberty. The idea to organise this session is the result of the steady decline in the number of African participants at the annual study session in Strasbourg, due to financial difficulties experienced by the participants but mostly due to administrative difficulties in obtaining visas. Thus, it became necessary to create an annual event to gather the actors and defenders of human rights in Central and Western Africa.
The objectives of this training session, which took place from the 7th to the 18th of September 2015, are diverse and principally based on the desire to reinforce an understanding of the various challenges raised by the human rights protection system but also the development of a strong network between state authorities and human rights activists for the effective implementation of these rights. It also aims to promote human rights in the framework of national, judicial, and administrative institutions.
SENEGAL
INTERNATIONAL AND COMPARATIVE LAW OF HUMAN RIGHTS
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PROGRAM
THEMES SPEAKERS
Welcome Statements
Inge HERBERT, West Africa Regional Director of the Friedrich Naumann Foundation for Freedom; Muriel SOGNIGBÉ SANGBANA, Programme Officer, IIHR, Strasbourg; Andreas SCHROEDER, Business Officer, Embassy of the Federal Republic of Germany in Senegal; Andrea ORI, Representative of the Regional Office for the United Nations High Commissioner of Human Rights to West Africa; El Mansour TALL, Secretary General of the Ministry of Justice
Inaugural Conference: The place of human rights in United Nations Peacekeeping Missions
Guillaume NGEFA, Representative of Mali to the High Commissioner of the United Nations for Human Rights; Director of the Human Rights Division of MINUSMA
Introductive Course Mamadou Aliou DIALLO, Professor of Public Law, University of Cheikh Anta Diop of Dakar (UCAD)
The UN and human rights Frédérique COULÉE, Professor of Public Law, University of Evry-Val d’Essonne
The African human rights protection system
Mutoy MUBIALA, Director of the United Nations High Commissioner of Human Rights, Geneva
European Human Rights Law Colombine MADELAINE, Professor of Public Law, François Rabelais University of Tours
Special Conference: Justice Proximity
Mademba GUEYE, Judge, Technical Advisor responsible for Justice of Proximity, Ministry of Justice
Thematic Course: International Human Rights Law and the fight against terrorism
Brusil Miranda METOU, Lecturer, University of Yaoundé II
The Inter-american human rights protection system
Julie TAVERNIER, Ph.D Candidate, Research Center for Human Rights and Humanitarian Law, University Panthéon-Assas (Paris II)
Thematic Course: The international protection of migrants
Catherine-Amélie CHASSIN, Lecturer, University of Caen
Thematic Course: Religious Islamic Extremism in Africa and the world
Bakary SAMBE, Lecturer at the University Gaston Berger of Saint Louis Universities l’Université Gaston Berger de Saint Louis des Universités
International Humanitarian Law Antoine KABORÉ, Research and teaching assistant, Academy of International Humanitarian Law and Human Rights in Geneva
THEMES SPEAKERS
Human rights and armed conflicts Antoine KABORÉ, Research and teaching assistant, Academy of International Humanitarian Law and Human Rights in Geneva
International Criminal LawMarina EUDES, Lecturer in Public Law, University of Paris West Nanterre Defense
Refugee Law Werner HOEFFNER, Ph.D Candidate in Public Law, Law Institute of Peace and Development, University of Nice Sophia Antipolis
Human rights in front of African Constitutional Courts
Meissa DIAKHATE, Lecturer at UCAD
Special Conference: OHCHR/BRAO role of OHCHR/BRAO in the promotion and protection of human rights and challenges in the effectiveness of human rights in the sub region
Abdoulaye SEYE, Responsible for Human Rights, OHCHR/BRAO
Moot-Court Seminar: Group A: Moot court before the ECHR on the theme of asylum
Catherine-Amélie CHASSIN, Lecturer, University of Caen
Séminaire-Cas pratique : Groupe B : Procès fictif devant la CADHP sur la thématique du droit des peuples
Muriel SOGNIGBÉ SANGBANA, Chargée de programmes, Représentante de l’IIDH, Strasbourg
Moot-Court Seminar: Group B: Fictitious trial before the ACHPR on the theme of the right of the people
Muriel SOGNIGBÉ SANGBANA, Programme Officer, IIHR, Strasbourg
Outing to the Extraordinary African Chambers within the courts of Senegal, Hissène Habré Trial
Closing Conference: The execution of the decisions of international courts on human rights
Sidiki KABA, Ministre de la Justice, Garde des sceaux
Closing Ceremony
Inge HERBERT, West Africa Regional Director of the Friedrich Naumann Foundation for Freedom; Muriel SOGNIGBÉ SANGBANA, Programme Officer, IIHR; Sidiki KABA, Keeper of the Seals, Minister for Justice
CoordinationMuriel SOGNIGBÉ SANGBANA, Programme Officer, IIHR; Daouda SECK, Program Director at FNF; Khady DIOP, Program Assistant FNF
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PARTICIPANT’S TESTIMONY
DAN Ninsemon Franck HermannStudent in Master 2 at the Center of Research and Action for Peace Member of the Ivorian NGO Observatory for Human Rights
My name is Dan Ninseman Franck Hermann, I am in Master 2 of Human Rights and Humanitarian Action at the CERAP (Centre of Research and Action for Peace) in the Ivory Coast at Abidjan and a member of the NGO IHRO (Ivorian Observatory for Human Rights).
I am “UBUNTU” an African humanist philosophical concept that reflects the humanism and solidarism open and available for each person and their fellows, so that when people are humiliated, tortured, or oppressed, I am too. “I am because we are”.
Thus this nature of my humble person and my role as a human rights defender, it was apparent to me that my participation at a training session at the International Institute of Human Rights was essential. First, for the respect that I have for the Institute of Strasbourg regarding its remarkable work for the promotion of human rights. Secondly, for acquiring all of the necessary tools to strengthen me in my position as a human rights defender and also to deepen my knowledge by increasing my appreciation of this subject that fascinates me. I can say with certainty and confidence that my desires and expectations were filled and satiated after twelve days of intensive training in Dakar, Senegal.
The training was rich in knowledge, the themes were well chosen based on criteria of relevance and current African and international events, have been of immeasurable benefit. Understanding of the courses given was facilitated through high quality multidisciplinary speakers that combined talents (pedagogies, experience, etc.) and human virtues (availability, courtesy, etc.) and also due to the quality of debates with very active participants.
I was particularly impressed by the practical cases that have been revealing exercises in this session, putting us in a situation of advocacy in front of a Court. This experience was the most rewarding to me and left me with a precious legacy. I recommend this training session to every person who would like to strengthen, in a meaningful way, their knowledge in the domain of human rights.
I address my last words to Muriel SOGNIGBÉ SANGBANA who, apart from her professionalism and expertise, knew how to organise a master hand of this whole organisation, along to the Friedrich Naumann Foundation team. You have created a friendly spirit, familiarity and symbiosis between participants who come from various parts of the continent. It is with much enthusiasm that I wish you swift success in the pursuit of your activities for the universality and respect of human rights.
RESULTS
This session in Dakar welcomed 55 participants, of which 40% were women, coming from 13 countries in Africa and Europe from the family court (judges, lawyers, etc.), Students, civil society actors, and national as well as international officials. The civil society actors were most represented. The participants were satisfied by the topics addressed and by the debates that have emerged.
The particularity of this session was the implementation of some practical seminars and a moot-court. Participants were interested by this exercise and it will be renewed next year.
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OBJECTIVES
The fourth training session in Haiti, organised by the IIHR, the French Embassy Cooperation and Cultural Action Service (SCAC), the Judicial School (EMA) and the Civil Society Initiative (ISC). It took place on the 1st to the 11th of December 2015, at the Judicial School of Haiti in Port-au-Prince. This training session focused on the “Application of International Human Rights Law in Domestic Law” and was designed for advanced students in judicial sciences, politics, humanities and social sciences; academics and researchers; members of the judicial profession and all other professions confronted with human rights; national and international civil servants; members of non-governmental organisations.
This course is traditionally reserved for Haitians due to a strong demand for participation at the annual training sessions at the Institute and the inability to provide for all of the scholarship applications.
The originality of this training session was the integration of environmental issues affecting human rights; which were especially relevant because of the COP21 in France
HAITI
THE APPLICATION OF INTERNATIONAL HUMAN RIGHTS IN DOMESTIC LAW
PROGRAM
THEMES SPEAKERS
Opening Ceremony
Kesner Michel THERMESI, General Director, School of MagistratesRosny DESROCHES, Executive Director, The Civil Society Initiative Sébastien TOUZÉ, Director of the International Institute of Human Rights – Fondation René CassinDavid BOUANCHAUD, Responsible for Governance Programs, Instrument of Stability, Human Rights, Delegation of the European UnionLaurent BONNEAU, Counselor for cooperation and cultural action of the Embassy of France
Fundamental Course: The European human rights protection system
Sébastien TOUZÉ, Professor at the University of Panthéon-Assas (Paris II), Director of the International Institute of Human Rights – Fondation René Cassin
Thematic Course 1: The integration of international standards of human rights in domestic law
Sébastien TOUZÉ, Professor at the University of Panthéon-Assas (Paris II), Director of the International Institute of Human Rights – Fondation René Cassin
Fundamental Course: The human rights protection system of the United Nations and of its specialised agencies
Olivier DELAS, Professor at the University of Laval
Special Conference: The right to a healthy environment
John SOHNLE, Professor of Public Law, University of Lorraine
Introduction to humanitarian law Eric TARDIF, Legal Officer, ICRC regional delegation in Mexico
Special Conference: Climate change and population displacement
John SOHNLE, Professor of Public Law, University of Lorraine
Thematic Course 2: The role of the legislature and the executive in implementing IHRL
Muriel SOGNIGBÉ SANGBANA, Programme Officer, IIHR
Fundamental Course: The Inter-American human rights protection system
Karine RINALDI, Human Rights Consultant
Thematic Course 3: The justiciability of international human rights law before the domestic courts
Patrick PELISSIER, Magistrate, Officer of Human Rights (MINUSTAH)
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THEMES SPEAKERS
Thematic Course 4: The role of NGO’s in the implementation of international standards
Mulry MONDÉLICE, Lawyer at Aquinas, Lecturer at the University of Laval
Thematic Course 5: The execution of ECHR judgments by national authorities
Nino KARAMAOUN, Senior Advisor, Governance and Tule of Law, Organisation of American States
Refugee Law Soufiane ADJALI, Head of Mission, UNHCR Haiti
Closing Conference: What rights are for stateless persons?
Soufiane ADJALI, Head of Mission, UNHCR Haiti
Closing Ceremony
Kesner Michel THERMESI, General Director, School of MagistratesPierre-Richard CASIMIR, Minister of Justice and Public SecurityRosny DESROCHES, Executive Director, Civil Society InitiativeMuriel SOGNIGBÉ SANGBANA, Programme Officer, IIHR Vincent DEGERT, Ambassador of the European Union in Haiti Elisabeth BETON DELÈGUE, Ambassador of France in Haiti
RESULTS
The fourth training session in Port-au-Prince Haiti welcomed 83 participants, mostly lawyers and magistrates; academics and researchers; members of NGO’s; students. The participants were satisfied with the conduct and content of the provided courses.
This session was an opportunity to allow the development of a constructive dialogue between participants and speakers as well as highlighting specific issues in Haiti. This session permitted to address the different systems of human rights protection and more specific topics such as the right to a clean environment, the impact of climate change, and the population displacement and also the role of the legislator and executive in the application of international human rights.
It is possible to see that the level of participants is getting better from year to year. Therefore, the level of requirements of the speakers is increasingly important. The passing rate of the final exam is 55%. This session will be renewed in 2016 with a new objective of diffusion to a wider audience by the use of different communication networks.
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RESEARCH SUPPORT
THE PRECEDENT IN INTERNATIONAL LAW
The IIHR supported the annual symposium of the French Society for International Law held on the 28th, 29th, and 30th of May 2015 at the Faculty of Law, Management and Political Science of Strasbourg. It was preceded by the gathering at the Council of Europe on the 27th and 28th of May 2015 of sister societies which work in international law. The symposium was organised in memory of Gérard COHEN-JONATHAN and focused on the theme “The Precedent in International Law”.
THEMES SPEAKERS
Opening
Alain BERETZ, President of the University of StrasbourgJean-Paul COSTA, President of the International Institute of Human Rights – Fondation René Cassin, Former President of the European Court of Human Rights Alain PELLET, President of the French Society for International Law
Introductory Remarks Niki ALOUPI, University of StrasbourgCaroline KLEINER, University of Strasbourg
I. THE CREATION OF THE PRECEDENT OF INTERNATIONAL LAWChaired by Pierre MAYER,
Professor Emeritus, University of Paris I Panthéon-Sorbonne
The behavior of states and international organisations as precedent
Gérard CAHIN, University of Paris II Panthéon-Assas
Judicial decisions as precedent Mathias FORTEAU, University of Paris West Nanterre La Défense
Arbitration decisions as precedent Diego P. FERNÁNDEZ ARROYO, Law School of Sciences Po, Paris
The separate opinion of judges and mediators as precedent
Catherine KESSEDJIAN, University of Paris II Panthéon-Assas
II. THE AUTHORITY OF PRECEDENT IN INTERNATIONAL LAWChaired by Joe VERHOEVEN,
Professor Emeritus, University of Panthéon-Assas (Paris II)
The value of precedent Andrea HAMANN, University of Strasbourg
The hierarchy of precedent Hélène RUIZ-FABRI, Max Planck Institute, Luxembourg
III. THE PRECEDENT AND THE RELATIONSHIP WITH THE SYSTEMChaired by Christian MESTRE,
Dean of Faculty of Law Strasbourg, University of Strasbourg
The method of recognition and the precedent
Patrick KINSCH, University of Luxembourg
The precedent and the dialogue of judges
Linos-Alexandros SICILIANOS, Judge at the European Court of Human Rights
THEMES SPEAKERS
WORKSHOP I: THE PRECEDENT IN FRONT OF REGIONAL AND INTERNATIONAL COURTSChaired by Aude BOUVERESSE,
University of Strasbourg and Baptiste TRANCHANT, University of Toulouse 1 Capitole
The precedent of international jurisprudence before the ICJ and ITLOS on maritime delimitation: between coherence and development of the law
Medhi BELKAHLA, Ph.D Candidate, University of Strasbourg
Precedent and judicial notice by international criminal courts
Alexis MARIE, Lecturer, University of Reims Champagne-Ardenne
The inclusion of domestic precedent by the European Court of Human Rights
Hélène RASPAIL, Lecturer, University of Maine
Terrorism: Illustration of judicial dialogue for three voices- A back-and-forth discordant
Anne-Laure VAURS-CHAUMETTE, Lecturer, University of Paris West Nanterre La Défense
WORKSHOP II: THE PRECEDENT IN FRONT OF THE ARBITRATION COURTSChaired by Mathias AUDIT,
University of Paris Ouest Nanterre La Défense and Makane Moïse MBENGUE, University of Geneva
The invitation of an ICSID Arbitral Tribunal to rule on precedent
Julien CAZALA, Lecturer, University of Orleans, University of Galatasaray
The dissenting opinions of ICSID arbitrators and the production standards of international investment law
Natalia CHAEVA, Doctor, University of Paris II Panthéon-Assas
The precedent of international investment law- a necessary tool for the consistency of arbitral practice
Yannick RADI, Associate Professor, University of Leiden
How to not follow precedents in international arbitration?
David RICHÉ, Ph.D Candidate, University of Paris II Panthéon-Assas
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THEMES SPEAKERS
WORKSHOP III. THE INTERNATIONAL PRECEDENT IN FRONT OF NATIONAL COURTSChaired by Catherine HAGUENAU MOIZARD, University of Strasbourg
and Delphine PORCHERON, University of Strasbourg
The use of international jurisprudential precedent within the framework of constitutional review
Emmanuel CASTELLARIN, Doctor, University of Paris I Panthéon-Sorbonne
The international precedent before the constitutional courts- Types of integration methods
Romélien COLAVITTI, Lecturer, University of Valenciennes and of Hainaut-Cambrésis
The fate of judgments of the European Court of Human Rights before the British judge
Peggy DUCOULOMBIER, Professor, University of Strasbourg
The foreign precedent for international law
Saïda EL-BOUDOUHI, Lecturer, University of Paris II Panthéon-Assas
The international jurisprudential precedent in the conclusions of public reporters
Raphaël MAUREL, Ph.D Candidate, University of Auvergne
IV.NEWS CONFERENCE.Chaired by Alain PELLET,
President of the French Society for International Law
Ronny ABRAHAM, President of the International Court of Justice Jean-Pierre COT, Judge at the International Tribunal for the Law of the Sea
Mathias FORTEAU, Member of the International Law CommissionFrançois ALABRUNE, Director of Legal Affairs, Ministry of Foreign and European Affairs
V. ROUND TABLE: PERSONAL EXPERIENCES OF THE AUTHORS AND USERS OF PRECEDENTChaired by Gilbert GUILLAUME,
Former President of the International Court of Justice
Round Table 1: Discussion of the formation or not of a precedent in the International Court of Justice around the case of Yerodia and Djibouti/France
Ronny ABRAHAM, President of the International Court of JusticeMarcelo KOHEN, Institute of International and Development Studies, Geneva
Round Table 2: Discussion on the formation or not of an arbitrary precedent around the Salini case
James CASTELLO, King & Spalding, ParisEduardo SILVA ROMERO, Dechert, Paris
Conclusions Professor Emeritus, University of Strasbourg
CONFERENCE
FEDERAL COURT OF MENDOYAINTERNATIONAL HUMAN RIGHTS LAW
The Secretary General of the IIHR, Sébastien Touzé, held a conference on international human rights law at the Federal Court of Mendoya at the invitation of Judges and Officials of National and Federal Justice of Sectionnelle Cuyo. This meeting was also an opportunity to conclude a partnership agreement with the association of Judges and Officials of National and Federal Justice of Sectionnelle Cuyo. This agreement aims to develop cooperation in the field of training and research between these two organisations.
47INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 201546
THEMES SPEAKERS
The question of acceptability of judgments of the European Court of Human Rights by State parties
David SZYMCZAK, Professor at IEP of Bordeaux
The readability and internal understanding of the European Court of Human Rights
Hugues FULCHIRON, Professor at the University of Lyon III – Jean Moulin
The Methods of the Court and its CompositionChaired by Olivier DE FROUVILLE, Professor at the University of Panthéon-Assas (Paris II)
The question of the composition and formation of judgments
Michel DE SALVIA, President of the “Association of Friends of the International Institute of Human Rights”
The transparency of the internal practice of the European Court of Human Rights
Patrice SPINOSI, Lawyer at the Council of State and Court of Cassation
III. MEANS OF CONFIDENCE-BUILDING AND CHALLENGES FOR THE ACTORS
The Institutional and Substantial ChangesChaired by François ALABRUNE, Director of Legal Affairs at the Ministry of Foreign Affairs
and International Development
The institutional changes to strengthen the Office of the Court
Vincent BERGER, ormer Law Expert of the European Court of Human Rights, Lawyer practicing in Paris, Professor at the College of Europe
The means of increasing the motivation of the Court
Fréderic SUDRE, Professor at the University of Montpellier I
Strengthening the methods of interpretation of the Convention and the Execution of JudgmentsChaired by Frederik SUNDBERG, Deputy Head of the Execution of Judgments of the European
Court of Human Rights
The active support and monitoring of the Court for the ratification of Protocol 16
Ledi BIANKU, Judge at the European Court of Human Rights
The necessary changes for processing requests
Laurent PETTITI, Lawyer at the Paris Bar
Strengthening and clarification of the means of execution of judgements
Paulo PINTO DE ALBUQUERQUE, Judge at the European Court of Human Rights
ConclusionsEmmanuel DECAUX, Professor at the University of Panthéon-Assas (Paris II)
SYMPOSIUM
THE EUROPEAN HUMAN RIGHTS COURT: A NECESSARY CONFIDENCE FOR A RENEWED AUTHORITY
The Research centre on Human Rights and Humanitarian Law (CRDH) of the University of Paris II Panthéon- Assas organised, with the support of the IIHR, a symposium on “The European Human Rights Court: A Necessary Confidence for a Renewed Authority” that took place on the 19th and 20th of November 2015.
THEMES SPEAKERS
I. CLARIFICATION ON THE REASONS FOR SKEPTICISM
Opening Address
Introductory Remarks Sébastien TOUZÉ, Professor at the University of Panthéon-Assas (Paris II)
A GENERAL SKEPTICISM?Chaired by Christian TOMUSCHAT,
Professor Emeritus, Humboldt University Berlin, President of the Court of Conciliation and Arbitration of the OSCE
Are we witnessing a challenge to the legitimacy of the international judge?
Rick LAWSON, Professor, Leiden Law School
The arguments of national and international political defiance
Andrew CLAPHAM, Professor, Graduate Institute of International and Development Studies
REFLECTIONS ON A FORM OF PERPLEXITY REGARDING THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS
Chaired by William SCHABAS, Professor at the University of Middlesex and at the University of Leiden
The arguments based on the substantial development of European Control
Samantha BESSON, Professor at the University of Fribourg
The limits of European Control: A source of uncertainty about the evolution of the nature and purpose of litigation
Edouard DUBOUT, Professor at the University of Paris East Créteil
II. REFLECTIONS ON THE REASONS FOR MISUNDERSTANDINGS
The Nature of Dispute and Understanding by StatesChaired by Laurence BURGORGUE-LARSEN, Professor at the Law School of Sorbonne
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RESEARCH ACTIVITIES
IIHR ANNUAL CONFERENCE
THE PROTECTION OF HUMAN RIGHTS BY SUPRANATIONAL COURTS
Each year, the IIHR organises an annual conference in order to discuss and further explore a theme related to human rights. The 8th and 9th of October 2015, the Institute organised its fourth annual conference focusing on “The Protection of Human Rights by Supranational Courses” in Toulouse. It was organised in partnership with the University of Toulouse 1 Capitole, l’IRDEIC, the Maurice Hauriou Institute, and with the support of the Jean Monnet Centre for Excellence, the Federative Research Institute and the Faculty of Law and Political Science of Toulouse.
THEMES SPEAKERS
Welcome Speeches
Bruno SIRE, President of the University of Toulouse 1 – Capitole; Hugues KENFACK, Dean of the Faculty of Law of Toulouse; Jean-Paul COSTA, President of the International Institute of Human Rights – Fondation René Cassin; Former President of the European Court of Human Rights; Sébastien TOUZÉ, Professor at the University of Panthéon-Assas (Paris II); Director of the International Institute of Human Rights – Fondation René Cassin
Presentation of the Symposium
Marc BLANQUET, Professor at the University of Toulouse 1 – Capitole; Director of IRDEIC; Xavier BIOY, Professor at the University of Toulouse 1 – Capitole; Director of IMH; Isabelle POIROT-MAZÈRES, Professor at the University of Toulouse 1 – Capitole; Director of IMH
Introductory RemarksJoël ANDRIANTSIMBAZOVINA, Professor at the University of Toulouse 1 – Capitole; Honorary Dean of the Faculty of Law of Political Science and Management of La Rochelle
I. THE EVOLUTION OF THE SYSTEMS AND METHODS OF PROTECTIONChaired by Jean-Paul COSTA, President of the International Institute of Human Rights –
Fondation René Cassin, Former President of the European Court of Human Rights
The transformation of individual applications before supranational courts
Amaya UBEDA DE TORRES, Legal Officer to the Council of Europe, to the Venice Commission
The evolution of the supranational jurisdiction
Ioannis PANOUSSIS, Dean of the Faculty of Law at the Catholic University of Lille
THEMES SPEAKERS
Chaired by Marc BLANQUET Professor at the University of Toulouse 1 – Capitole, Director of the IRDEIC– Centre d’Excellence Jean-Monnet
The development of methods of interpretation and control
Laurent SERMET, Professor at Sciences-Po, Aix-en-Provence
The definition of new skills Baptiste TRANCHANT, Professor at the University of Toulouse 1 – Capitole
The objectification of judicial reviewMustapha AFROUKH, Lecturer at the University of Montpellier 1
II. LITIGATION CHALLENGESChaired by Emmanuel DECAUX, Professor at the University of Panthéon-Assas (Paris II)
The rise of social issues before the supranational courts
Pierre EGEA, Professor at the University of Toulouse 1 – Capitole
Political questions before the supranational courts
Peggy DUCOULOMBIER, Professor at the University of Strasbourg
The Inter-State casesHélène GAUDIN, Professor at the University of Toulouse 1 – Capitole, Honorary Dean at the Faculty of Law of Political Science and Management, Rochelle
Chaired by Xavier BIOY, Professor at the University of Toulouse 1 – Capitole, Director of IMH
The questioning of authority over the supranational courts
Sébastien TOUZÉ, Professor at the University of Panthéon-Assas (Paris II), Director of the International Institute of Human Rights – Fondation René Cassin
WHAT COMMON FUTURE IS THERE FOR SUPRANATIONAL PROTECTION OF HUMAN RIGHTS?haired by Laurence BURGORGUE-LARSEN, Professor at the Law School of Sorbonne,
University of Panthéon-Sorbonne (Paris I)
Emmanuel DECAUX, Professor at the University of Panthéon-Assas (Paris II)Julia LAFFRANQUE, Judge at the European Court of Human RightsFatsah OUGERGOUZ, Judge at the African Court of Human Rights
ConclusionsFrédéric SUDRE, Professor at the University of Montpellier, Director of the European Institute of Human Rights
51INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 201550
STUDY DAY
Convergences and Contradictions of the Investment Law and Human Rights: The Contentious Approach
The 27th of November, the Léon Duguit Research Centre of the University of Evry-Val-d’Essonne organised, with the support of the IIHR, a study day on the theme “Convergences and Contradictions of the Investment Law and Human Rights: A Contentious Approach”. This day of studies took place at the Paris Higher Notarial Centre and enabled participants to address various questions, including the comparative approach to the protection of investments in investment law and human rights or interactions of investment law and human rights.
THEMES SPEAKERS
OpeningPatrick CURMI, President of the University of Evry-Val-d’Essonne; Sébastien TOUZÉ, Director of the International Institute of Human Rights – Fondation René Cassin
Introductory Remarks Walid BEN HAMIDA, Professor of Private Law at the University of Evry-Val-d’Essonne
COMPARATIVE APPROACH TO THE PROTECTION OF INVESTMENTS IN LAW AND INVESMENTS IN HUMAN RIGHTS
THE COMPETENCEChaired by Charles LEBEN,
Professor Emeritus of the University of Panthéon-Assas Paris II
Personal Scope of JurisdictionMichal KUCERA, Legal Officer at the Registry of the European Court of Human Rights
Material JurisdictionJulien FOURET, Associate Lawyer (Office of Betto-Seraglini)
THE PROCEDURE
The initiation of proceedings Carlo SANTULLI, Professor of Public Law at the University of Panthéon-Assas (Paris II)
The conduct of proceedings Hervé ASCENSIO, Professor of Public Law at the University of Panthéon-Sorbonne (Paris I)
THEMES SPEAKERS
BACKGROUNDChaired by Frédéric SUDRE, Professor at the University of Montpellier
Interference and expropriation Sabrina ROBERT, Lecturer at the University Panthéon-Sorbonne (Paris I)
Fair trialMathias AUDIT, Professor of Public Law at the University of Paris West Nanterre La Défense
Non-discriminationEmanuel CASTELLARIN, Lecturer at the University of Panthéon-Sorbonne (Paris I)
Investor behavior Julia MOTTE-BAUMVOL, Lecturer of Public Law at the University of Nice Sophia Antipolis
Private life and freedom of expression
Carolina OLARTES BACARES, Doctor, University of Panthéon-Sorbonne (Paris I)
Penalty and damage Arnaud DE NANTEUIL, Professor of Public Law at the University of Maine
INTERACTION OF INVESTMENT LAW AND HUMAN RIGHTSChaired by Sandrine CLAVEL, Dean of the Faculty of Law and Political Sciences,
University of Versailles Saint-Quentin-en-Yvelines (University of Paris-Saclay)
THE ACCUMULATION
The point of view of Human Rights Courts
Vincent BERGER, Lawyer (Berger Avocats), Former Jurisconsult at the European Court of Human Rights
The View of the Investment Tribunals
Christoph SCHREUER, Professor Emeritus at the University of Vienna
THE INSPIRATION AND THE BORROWING
The interpretative techniques Ursula KRIEBAUM, Professor at the University of Vienna
THE CONFRONTATION
Human rights as a means of justifying the breach of an investment agreements and the challenge of arbitral investment awards for violation of human rights
Julien CAZALA, Lecturer at the University of Orleans, on-leave from the University of Galatasaray
Summary ReportFrédérique COULÉE, Professor of Public Law at the University of Evry-Val-d’Essonne
53INSTITUT INTERNATIONAL DES DROITS DE L’HOMME - ANNUAL REPORT 201552
RENÉ CASSIN THESIS PRIZE
The French-Speaking René Cassin Thesis Prize 2015
The French-Speaking René Cassin Thesis Prize 2015 was awarded to Alain-Guy TACHOU-SIPOWO from the Laval University (Canada) for his thesis entitled: « La Cour pénale internationale et le secret : de l’atténuation de la confidentialité au nom de l’impératif d’effectivité ». This Prize was presented on July 4th, 2015 at the opening ceremony of the 46th annual study session of the IIHR by the Jury President, Luís JIMENA QUESADA, Professor at the University of Valence. Other members of the Jury were: Karine PARROT, Professor at the University of Cergy-Pontoise ; Ariane VIDAL-NAQUET, Professor at the University of Aix-Marseille ; David SZYMCZAK, Professor at the Political Science Institute of Bordeaux ; Yann KERBRAT, Professor at the University of Panthéon-Sorbonne (Paris I) ; Romain TINIÈRE, Professor at the University of Grenoble-Alps et Sébastien TOUZÉ, Professor at the University of Panthéon-Assas (Paris II).
The Jury awarded a Special Mention to Julie ARROYO of the University of Grenoble-Alpes for her thesis entitled: « La renonciation aux droits fondamentaux ».
The English-Speaking René Cassin Thesis Prize 2015
The English-Speaking René Cassin English Thesis Prize 2015 was awarded to Frederik Johannes ZUIDERVEEN BORGESIUS of the University of Amsterdam for his thesis entitled: “Improving Privacy Protection in the area of Behavioral Targeting”. This award was presented on July 4th, 2015 at the opening ceremony of the 46th annual training session of the IIHR by the Jury President, Paulo PINTO DE ALBUQUERQUE, Judge at the European Court of Human Rights. The Jury was also composed by Rick LAWSON, Professor, Leiden University; Fabián SALVIOLI, Professor, National University of La Plata ; Rachel MURRAY, University of Bristol; Malcom EVANS, Professor, University of Bristol.
The Jury awarded a Special Mention to Steven L.B. JENSEN of the University of Copenhagen for his thesis entitled: “Negotiating Universality: The Making of International Human Rights, 1945-1993”.
PUBLICATIONS
Jordane ARLETTAZ, Julien BONNET (dir.), L’objectivation du contentieux des droits et libertés fondamentaux - Du juge des droits au juge du droit ? - Actes du colloque du 12 décembre 2014, Collection «Publications de l’Institut International des droits de l’homme», Pedone, Paris, 2015
In the collection of “Publications de l’Institut International des Droits de l’Homme”, Pedone Editions:
Jean-Pierre SCHOUPPE, La dimension institutionnelle de la liberté de religion dans la jurisprudence de la Cour européenne des droits de l’homme, Collection « Publications de l’Institut International des Droits de l’Homme », Pedone, Paris, 2015
Emmanuel DECAUX, Sébastien TOUZÉ, La prévention des violations des droits de l’homme, Collection « Les Publications de l’Institut International des Droits de l’Homme », Pedone, Paris, 2015
AN
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2, Allée René Cassin - F - 67000 Strasbourg Tél. : +33 (0)3 88 45 84 45 I Fax : +33 (0)3 88 45 84 [email protected] I www.iidh.org
OUR 2016 PROGRAM
TRAINING SESSIONS ABROAD
From the 15th to the 20th of February, 3rd training session in Bamako, MaliFrom the 4th to the 9th of April, 1st training session in Yaoundé, Cameroon From the 9th to the 12th of May, 4th training session in Beirut, LebanonIn September, 7th training session in Dakar, SenegalIn September – October, 1st training session in Buenos Aires, ArgentinaIn November, 4th training session in Abidjan, Ivory Coast In December, 5th training session in Port-au-Prince, Haiti
TRAINING SESSIONS IN FRANCE
From the 13th to the 24th of June, 19th summer course on refugee law From the 4th to the 22nd of July, 47th annual study session on the theme “Armed Conflicts and International Human Rights Law”
RESEARCH ACTIVITIES
From the 26th to the 27th of May, annual IIHR symposium in Angers on the topic of “Sexuality and International Human Rights Law” In July, René Cassin French-Speaking and English-Speaking Thesis Prize
EDUCATIONAL ACTIVITIES
Throughout the year, organising seminars and implementation of activities of the Human Rights Clinic Support for the René Cassin European Pleading Competition 2016 which will be held the 30th and 31st of March and the 1st of April 2016.