Ph.D (Queen’s University Belfast); LL.M (Queen’s University Belfast/NUI Galway); LL.B (Trinity College Dublin).
Currently working in policy and research for a national human rights institution. Completed doctoral research entitled 'The Right to Life under Article 2 of the ECHR in light of European Conflicts' in 2015. This research looks at how to better protect life in Europe, particularly during times of conflict. As part of this process it advocates the introduction of new guidelines. This research has been converted into a number of published academic articles and the book 'The Use of Force and Article 2 of the ECHR in Light of European Conflicts' (Hart Publishing, 2017).
Have worked for a number of non-governmental human rights organisations in Cambodia, the Golan, Northern Ireland and Palestine. Also worked for statutory human rights organisations based in Northern Ireland. These experiences involved spearheading research; writing and presenting topic specific reports; position papers; briefing papers; and submissions to UN treaty bodies and representatives. It also involved carrying out field research; formulating proposal applications; and developing innovative campaigning tools.
Article 2 of the European Convention on Human Rights (ECHR) in its current form is incomplete and... more Article 2 of the European Convention on Human Rights (ECHR) in its current form is incomplete and outdated. Due to significant development at a legislative and judicial level, the right to life spans beyond what is enumerated within Article 2. With the belief that Article 2 is still relevant, this book investigates how the right to life can be better protected within Europe. It advocates for the modernisation of Article 2 through codifying legislative and judicial developments relevant to this provision in the form of guidelines. It also considers the improvements that can be made by the Council of Europe (CoE) bodies – the European Court of Human Rights (ECtHR), the Committee of Ministers (CoM), the Parliamentary Assembly of the Council of Europe (PACE) and the CoE Commissioner for Human Rights – to encourage adherence to Article 2 and promote effective remedies to prevent future violations. It uses the experience from four internal European conflicts – the Basque conflict, the Chechen conflict, the Northern Ireland Troubles and the Turkish-Kurdish conflict – to illustrate its points.
Chapters:
1. Introduction
2. Introducing Guidelines on Article 2: Making a Case
3. Duty to Refrain from Unjustified Killing
4. Duty to Protect Life: By Law
5. Duty to Protect Life: Planning and Reasonable Steps
6. Enforced Disappearances
7. Duty to Investigate Suspicious Deaths
8. Right to an Effective Remedy and Article 2 of the ECHR
9. Special Challenges
10. CoE Bodies and Protecting Life
This Handbook is the latest version of a book that was last published in 2003, and has been compl... more This Handbook is the latest version of a book that was last published in 2003, and has been completely revised to take account of the innumerable legal developments since then. The book contains 26 chapters on topics ranging across the full spectrum of civil, political, social, economic and environmental rights, with particular emphasis on the right not to be discriminated against. It is currently the most comprehensive and practical publication on the state of human rights in Northern Ireland. This is a part of the world where, as well as ongoing issues arising out of the conflict ('emergency laws' are still in place, for example), there are familiar questions concerning the rights of people with poor mental health, the law relating to family and sexual matters, children's rights, education rights, employment rights, housing rights, and social security rights. The contributors to the book are all experts in their field, most of them with years of experience as human rights activists and advisers. The book provides precise information about relevant legislation and case law (on which there are tables) and is fully indexed.
Chapter 20 considers Articles 8 and 12 of the European Convention on Human Rights and how these have been applied or challenged within a Northern Ireland context. It focuses on marriage/co-habitation, adoption, domestic violence, termination of pregnancy, sexual offences, prostitution, pornography, human trafficking, LGBTQIA rights and access to family.
Article 2 of the European Convention on Human Rights (ECHR) in its current form is incomplete and... more Article 2 of the European Convention on Human Rights (ECHR) in its current form is incomplete and outdated. This raises the question of whether Article 2 as it stands is enough to protect the right to life. Unjustified killings, by State actors and due to State omissions, are continuing in Europe making the words of ‘never again’ that inspired the birth of human rights and the ECHR appear disingenuous. Should we just accept that death is a fact of life and that ‘violence is inherently a human potential’? Or is there more that can be done within the Council of Europe (CoE)’s legal system to deter this human potential and ensure that it is remains ‘the exception [rather] than the norm’? With the belief that Article 2 is still relevant, the purpose of this thesis is to investigate how the right to life can be better protected within Europe.
This thesis begins with the premise that, as a result of significant development at both a legislative and judicial level, the right to life spans far beyond what is enumerated within Article 2. It argues that the provision that gave birth to the standalone right to life is outdated. It advocates for its modernisation through the original contribution that developments should be codified in the form of guidelines, which will clarify the scope of the enumerated and unenumerated minimum standards set by Article 2. In taking a practical approach to the protection of life, this thesis also looks beyond legislation and considers what improvements can be made by the CoE bodies - the European Court of Human Rights, the Committee of Ministers, the Parliamentary Assembly of the Council of Europe and the CoE Commissioner for Human Rights – in encouraging adherence to Article 2 and promoting effective remedies to prevent future violations.
This thesis adopts a thematic approach, which includes looking at: the duty to refrain from an unjustified killing; the duty to protect life; enforced disappearances; the duty to investigate suspicious deaths; the right to an effective remedy; and enforcement and impact. It uses the experience from four internal European conflicts – the Basque conflict, Chechen conflict, the Northern Ireland Troubles and the Turkish-Kurdish conflict – to illustrate its points.
*This research is the basis for the book: Hannah Russell, 'The Use of Force and Article 2 of the ECHR in Light of European Conflicts' (Hart Publishing, 2017)*
There is a lacuna in scientific, academic, political and legal acknowledgement of the negative im... more There is a lacuna in scientific, academic, political and legal acknowledgement of the negative impacts climate change has on the environment, politics, economics and human rights. This thesis looks to explore the paradigm that climate change is a human rights issue. It explores how climate change threatens certain human rights, assesses existing policies and looks to how the pending Copenhagen Summit 2009 can remedy present failings. Previous scientific reports are evaluated, and the predecessors to the Copenhagen agreement including the United Nations Framework Convention on Climate Change and Kyoto Protocol are analysed.
This thesis focuses on a number of human rights including the right to life, right to water, rights of future generations and rights of indigenous peoples. It calls on the effective implementation of such concepts as sustainable development, the precautionary principle and environmental justice. Furthermore, it explores the idea that environmental rights are a subsidiary of human rights.
It makes recommendations concerning the Copenhagen Summit and calls for States to be more driven by equity and long-term consequences. Ultimately this thesis addresses how present literature, policies and laws are failing to effectively address climate change and calls for an approach which is more sympathetic towards human rights.
Inter-American and European Human Rights Journal, 2016
In 2012 the Parliamentary Assembly of the Council of Europe encouraged Member States of the Counc... more In 2012 the Parliamentary Assembly of the Council of Europe encouraged Member States of the Council of Europe (CoE) to “consider launching the process of drawing up a European convention for the protection of all persons from enforced disappearance, based on the achievement of the UN Convention”. This article considers the plausibility of such a convention being created in the current political climate, with regard to the resource challenges and structural complexities that exist. It also assesses the existing protections under the International Convention on Enforced Disappearances 2006 and the European Convention on Human Rights (ECHR), and what the benefits of a European-specific convention would be. It finds that a European convention on enforced disappearances is required. It also concludes that Article 2 of the ECHR has a key role to play in challenging enforced disappearances, with or without the proposed convention. It considers how Article 2’s potential has not always been realised by the ECtHR and why issues remain in relation to the Court’s consideration of operations planning and domestic laws regarding enforced disappearances. Nevertheless, it argues that there have been significant and welcomed developments in making the duty to investigate and the requisite standard of proof more accommodating for allegations of enforced disappearances. It concludes that Article 2 offers veiled protection against enforced disappearances in the absence of a European convention and that it would provide valuable support to such a convention post-creation.
Hannah Russell, 'Striving for 'Never Again': A European Convention for the Protection of All Persons from Enforced Disappearances and the Veiled Protection of Article 2 of the ECHR' (2016) 2 Inter-American and European Human Rights Journal 470
Article 2’s permitted aim for force to be used to quell a riot or insurrection is under-explored.... more Article 2’s permitted aim for force to be used to quell a riot or insurrection is under-explored. This article focuses on expanding our understanding of this. On the basis that guidance is the key to understanding the approach is two-fold: first it looks at the definition of the terms "riot" and "insurrection", or lack thereof; secondly, it considers the methods of force that are commonly used to quell a riot or insurrection—live ammunition, rubber and plastic bullets, tear gas and water cannons—and the strengths and weaknesses of how the European Court of Human Rights deals with potential violations of art.2 regarding these methods.
Citation: Hannah Russell, 'Understanding "quelling a riot or insurrection" under article 2 of the ECHR' (2015) 5 European Human Rights Law Review 495
Fuel poverty − the inability to afford adequate warmth in the home − is a widespread problem acro... more Fuel poverty − the inability to afford adequate warmth in the home − is a widespread problem across the UK. Cold, damp homes are detrimental to human health and contribute to thousands of ‘excess winter deaths’ every year. This article analyses fuel poverty from a human rights perspective – asking whether it engages human rights protections. It first discusses the definition, scale and health impacts of the problem. Second, it explores the relationship between fuel poverty and the rights contained within the European Convention on Human Rights, the International Covenant on Economic, Social and Cultural Rights and the European Social Charter. It concludes that fuel poverty readily engages rights to adequate housing, food and health; and certain civil and political rights in extreme circumstances. It discusses the legal implications of these findings for fuel poverty policy, arguing for a ‘human rights approach’ to tackling the problem. These conclusions focus on the particularly drastic fuel poverty situation in the UK, but can also be applied globally to the various nations where citizens suffer similar problems and extend to the wider debate on the relationship between poverty and human rights.
Co-written with Ben Christman.
Citation: Ben Christman and Hannah Russell, 'Readjusting the Political Thermostat: Fuel Poverty and Human Rights in the UK' (2016) 2(2) Journal of Human Rights in the Commonwealth.
The Equality Commission for Northern Ireland commissioned Disability Action’s Centre on Human Rig... more The Equality Commission for Northern Ireland commissioned Disability Action’s Centre on Human Rights for People with Disabilities to carry out research to identify key strategic issues/barriers in public policies and programmes to the full implementation in Northern Ireland of the UNCRPD. The main aim of this research was to identify areas of substantive shortfalls in public policy and programme delivery in Northern Ireland relative to the key requirements of Articles 5-31 of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) which will influence the implementation of the UNCRPD.
This report addresses the issue of family separation in the Golan and highlights the importance o... more This report addresses the issue of family separation in the Golan and highlights the importance of resolving this issue, which continues to drastically affect the indigenous population of the Golan on a daily basis.
Section one explores the historical context of Israel’s occupation of the Golan and looks at events which have lead to the current illegal and oppressive situation in the Occupied Golan. It illustrates the strained relations that have existed and continue to exist between Israel and Syria, and sets out Israel’s motivation for occupying the Golan. It also looks at Israel’s purported annexation of the Golan and the illegality of the occupation of this region under international law.
Section two investigates the human impacts of Israel’s illegal occupation of the Golan. It illustrates past and present attempts to mitigate the effects of the occupation in relation to family separation. It highlights how despite the International Committee for the Red Cross’s best efforts, these attempts have been hindered by Israel’s oppressive, discriminatory and illegal policies.
Section three addresses the ongoing violations of international human rights and humanitarian law that are occurring due to Israel’s persistent enforcement of family separation. It emphasises that Israel’s actions constitute a violation of domestic and international law. This section touches upon the rights to equality, non-discrimination, self-determination, culture, nationality, freedom of movement, family, privacy, property, education, and health.
Section four considers a number of recommendations which would assist in addressing the issue of family separation which affects so many of the indigenous people of the Golan. The most important of these recommendations and the only one which is viewed as a solution to the problem, is for Israel to end its occupation of the Golan and for an effective Israeli-Syrian peace agreement to be negotiated and implemented.
The Syrians of the Golan and their families’ “hearts are on fire.” If Israel is to fulfill its obligations and duties under national and international law it must remedy the situation of family separation and take immediate steps to eradicate this issue. This report sets out the immediacy of this demand and recommends the best ways for this to be achieved.
In 2010, the Equality Commission for Northern Ireland (ECNI), as part of the Independent Mechanis... more In 2010, the Equality Commission for Northern Ireland (ECNI), as part of the Independent Mechanism in Northern Ireland, contracted research to develop an expert paper to set out robust evidence of any substantive shortfalls in public policy and programme delivery in Northern Ireland relative to the key requirements of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD); highlighting any key issues/barriers to full implementation. The report, ‘Disability programmes and policies: How does Northern Ireland measure up?’ was published by ECNI in 2012. The present report was commissioned by the ECNI to update the 2012 Report and to contribute to the evidence base the ECNI will draw upon in its engagement with the examination of the United Kingdom by the UNCRPD in 2014 and 2015.
The current conflict in Syria has created international discord and divergent views regarding wha... more The current conflict in Syria has created international discord and divergent views regarding what constitutes the most appropriate response to a humanitarian crisis of this kind. According to the United Nations (UN) over 60,000 Syrians have been killed, more than 733,100 Syrians have registered as refugees or are awaiting registration, over 2 million have become internally displaced and 1 million Syrians are starving as a result of the ongoing conflict. Given the intensity of the Civil War these numbers are rising by the day, further increasing the number of violations of humanitarian and human rights laws which have taken place throughout the conflict as a result of the actions of both State forces and opposition forces. Consequently, these rising figures raise the question of what is the role of the international community when mass human rights abuses, such as those witnessed during this ongoing conflict in Syria, are being committed? It also raises the query of what actions should the international community be adopting to satisfy this role? To date the international community has exerted minimal effort in providing support to the people of Syria. Has the time come, or is it possibly overdue, for this effort to be increased to a level of humanitarian intervention, i.e. proportionate threat or use of military force by international forces?
This research encompasses two parts. Part I outlines the current situation in Syria. It discusses the background to the conflict, the involvement of the international community and regional organisations and the development of the Syrian National Coalition for Opposition and Revolutionary Forces. It highlights the violations of international human rights law and international humanitarian law committed by both State and opposition forces. It also suggests ways to ensure accountability for the atrocities committed during this conflict. Part II discusses the legality of humanitarian intervention in Syria. It outlines the definition, history and legal status of humanitarian intervention. It considers the reasoning behind arguments in favour and against humanitarian intervention in Syria. Finally, conclusions and recommendations will be made with regard to humanitarian intervention and the conflict in general.
The Ad Hoc Working Group on Human Trafficking of the Human Rights Centre, Queen’s University, Bel... more The Ad Hoc Working Group on Human Trafficking of the Human Rights Centre, Queen’s University, Belfast welcomes the opportunity to engage in the consultation with the Department of Justice with regard to the introduction of new offences so as to comply with the 2011 EU Directive on Preventing and Combating Trafficking in Human Beings and Protecting its Victims.
The Ad Hoc Working Group on Human Trafficking provides proposals to amend UK legislation as required by the 2011 EU Directive.
Where an offence takes place outside of the UK and the offender is one of its nationals, the Ad Hoc Working Group on Human Trafficking points to the unique circumstance found in Northern Ireland where dual-nationality is provided for by the Good Friday (Belfast) Agreement 1998. As a result of this unique situation, along with relative ease with which UK nationality can be renounced, the Ad Hoc Working Group on Human Trafficking proposes that the jurisdiction be established not only over UK nationals, but also habitual residence so as to ensure that trafficking is prosecuted to its fullest.
The Ad Hoc Working Group on Human Trafficking further recommends that extra-territorial jurisdiction be established to prosecute individuals who have committed trafficking offences abroad against UK nationals or habitual residents.
The Ad Hoc Working Group on Human Trafficking acknowledges that the 2011 EU Directive is meant to protect victims of trafficking. The current consultation focuses on the criminal elements of the Directive rather than those for which it was designed: the victims. The Department of Justice, should give pause to seek to legislate – beyond those mandated by the 2011 EU Directive related to the offender – to protect the human rights of the victims of human trafficking through the introduction of a comprehensive trafficking bill.
In September 2011 the Palestinian Liberation Organisation (PLO) sought from the United Nations re... more In September 2011 the Palestinian Liberation Organisation (PLO) sought from the United Nations recognition of a Palestinian state consisting of the West Bank, Gaza Strip and East Jerusalem; areas which have been occupied by Israel since the 1967 Six Day War. In the preceding months campaigning gained momentum, speculation increased as to the outcome and hopes of an end to occupation and a solution to the conflict as a whole were raised. However, while it is easy to get carried away with the symbolism of a Palestinian state being recognised by one of the world’s most respected bodies, there are a number of considerations which must be kept in mind. At best this bid for full United Nations membership is a symbolic step in the right direction towards conflict resolution. However, irrespective of whether it is successful, it will not provide an instantaneous end to occupation nor will it put an immediate end to the grave violations of international law by Israel which persist. Even Chief Palestinian negotiator, Dr Saeb Erekat, has cautioned that “it is just the beginning of a long way towards Palestinian statehood… it does not aim at delegitimising any state, but to delegitimise and isolate the Israeli occupation.” This paper explores in detail the potential successes and shortfalls of the statehood bid.
On 27 June 2011, the Joint Committee published its Advice on a Charter of Rights for the Island o... more On 27 June 2011, the Joint Committee published its Advice on a Charter of Rights for the Island of Ireland.
The advice is based on a study of the human rights protections which the UK and Ireland have signed up to, in political agreements, the European Convention on Human Rights and other international human standards.
The Joint Committee recommends that, as a minimum, a Charter of Rights for the Island of Ireland should reaffirm the political parties’ commitment to the rights in the European Convention on Human Rights.
On 15th May (Nakba) and 5th June 2011 (Naksa) IOF used live ammunition to repel unarmed Syrian an... more On 15th May (Nakba) and 5th June 2011 (Naksa) IOF used live ammunition to repel unarmed Syrian and Palestinian protesters as they attempted to cross the United Nations (UN) Monitored Ceasefire Line near Majdal Shams. The actions on Nakba and Naksa amounted to grave violations of international humanitarian and human rights laws by the IOF, as will be illustrated by this position paper.
On 10th February 2010 the Israeli Knesset, considered a private bill that would grant tax benefit... more On 10th February 2010 the Israeli Knesset, considered a private bill that would grant tax benefits to illegal Jewish settlers of the Occupied Syrian Golan if it is enacted. Under the bill 33 illegal Jewish settlements within the Golan would be added to a list of towns and settlements in Israel and the Occupied Palestinian Territories which receive 13% tax reductions. Meanwhile, the indigenous Syrian population of the Occupied Golan will continue to have to pay full taxes resulting in further evidence of Israeli policies favouring illegal Jewish settlers and ignoring the rights of the indigenous Syrian population. Of the 120 Knesset members, 67 voted in favour of the bill, 13 voted against and the rest either abstained or were absent. The bill is in the preliminary stages and must pass three more readings before it becomes law. However, with the combination of majority support, passiveness of a number of the Knesset members and a tradition of constant Israeli policies of colonial occupation, settlement construction and expansion, annexation and the exclusion of the indigenous Syrian population of the Golan, and the grave breaches of their rights, there is a strong possibility that this bill will succeed. Al-Marsad calls for the rejection of this bill stating that the only outcome of enacting this bill would be to facilitate negative impacts upon peace, human rights and international humanitarian law, and to encourage the continuation of illegal settlement development and expansion. In addition, Al-Marsad calls upon the international community, European Union and high contracting parties to the Geneva Convention IV, 1949 to actively apply political and economic pressure upon Israel to abandon their illegal policies and strategies.
"As the only human rights organisation based in the OSG, Al-Marsad respectfully submits this Para... more "As the only human rights organisation based in the OSG, Al-Marsad respectfully submits this Parallel Report to bring to the attention of the Committee Israel’s lack of compliance with the Convention. It looks at the impact that Israel’s occupation and its discriminatory policies including land expropriation, settlement development, landmines, permit systems, family separation and excessive use of force have had on Syrian Arabs and the realisation of their rights contained within the Convention.
Al-Marsad wishes to stress that while the discriminatory tactics used against Syrian Arabs are similar to those used against Palestinians in the occupied Palestinian territory, the legal framework, political situation and violations of international law which exist in the OSG are different on a number of levels and for that reason require specific attention.
It should be noted that this Parallel Report does not address all the issues identified by the Committee. The findings in this Parallel Report are based on Al-Marsad’s monitoring and documentation activities. There are certain issues which are outside the direct expertise of Al-Marsad and as such the authors have opted not to comment on these. However, the limitations of this report should not be understood to imply that Israel complies or does not comply with articles of the Convention that are not mentioned therein.
This report identifies general trends and polices with regard to Israel’s lack of compliance with the Convention. It does so by looking at the rights contained within the Convention."
As leading human rights and humanitarian organisations based in the OPT, Al-Haq, Addameer, BADIL,... more As leading human rights and humanitarian organisations based in the OPT, Al-Haq, Addameer, BADIL, EWASH and WCLAC (hereinafter the submitting parties) respectfully submit this Joint Parallel Report to provide information which is of relevance to the Committee’s review of Israel’s 14th, 15th and 16th Periodic Reports on its implementation of the Convention. The submitting parties wish to bring to the attention of the Committee Israel’s lack of compliance with the Convention.
This report focuses on:
A. Security of person and protection by the State, enshrined in Article 5(b) of the Convention (see Section 3 of the Joint Parallel Report),
B. Legislative and administrative policies of discrimination, enshrined in Article 2(1) of the Convention (see Section 4 of the Joint Parallel Report), and
C. The discriminatory allocation of water in the OPT, as part of the right to housing enshrined in Article 5(e)(iii) of the Convention (see Section 5 of the Joint Parallel Report).
Note: This is a group submission, the contributions made by this author were made on behalf of WCLAC.
Beginning in March 2011, the situation in the Syrian Arab Republic (Syria) has evolved from peace... more Beginning in March 2011, the situation in the Syrian Arab Republic (Syria) has evolved from peaceful demonstrations to a Civil War which continues to rage. According to the United Nations (UN), approximately 93,000 Syrian have been reported killed, more than 1.6 million Syrians have registered as refugees or are awaiting registration, over 4.25 million have become internally displaced and 6.8 million require humanitarian aid, as a result of the on-going conflict. Given the intensity of the Civil War these numbers are rising by the day, further increasing the violations of international law which have taken place throughout the conflict. These violations have been the result of the actions of both State forces and opposition forces and are at such a grave level that they regularly classify as crimes against humanity and/or war crimes, two crimes which the responsibility to protect principle (R2P) is tasked with protecting against. This paper considers whether the time has arrived for military intervention, given the gravity and continued intensity of the conflict.
This paper explores the foundations that McCann created in relation to the scope of the right to ... more This paper explores the foundations that McCann created in relation to the scope of the right to life. It assesses how these issues have developed in the last two decades, arguably as a result of the example set by McCann. It also hints that it could be time to reassess how the right to life is protected within a European context.
Article 2 of the European Convention on Human Rights (ECHR) in its current form is incomplete and... more Article 2 of the European Convention on Human Rights (ECHR) in its current form is incomplete and outdated. Due to significant development at a legislative and judicial level, the right to life spans beyond what is enumerated within Article 2. With the belief that Article 2 is still relevant, this book investigates how the right to life can be better protected within Europe. It advocates for the modernisation of Article 2 through codifying legislative and judicial developments relevant to this provision in the form of guidelines. It also considers the improvements that can be made by the Council of Europe (CoE) bodies – the European Court of Human Rights (ECtHR), the Committee of Ministers (CoM), the Parliamentary Assembly of the Council of Europe (PACE) and the CoE Commissioner for Human Rights – to encourage adherence to Article 2 and promote effective remedies to prevent future violations. It uses the experience from four internal European conflicts – the Basque conflict, the Chechen conflict, the Northern Ireland Troubles and the Turkish-Kurdish conflict – to illustrate its points.
Chapters:
1. Introduction
2. Introducing Guidelines on Article 2: Making a Case
3. Duty to Refrain from Unjustified Killing
4. Duty to Protect Life: By Law
5. Duty to Protect Life: Planning and Reasonable Steps
6. Enforced Disappearances
7. Duty to Investigate Suspicious Deaths
8. Right to an Effective Remedy and Article 2 of the ECHR
9. Special Challenges
10. CoE Bodies and Protecting Life
This Handbook is the latest version of a book that was last published in 2003, and has been compl... more This Handbook is the latest version of a book that was last published in 2003, and has been completely revised to take account of the innumerable legal developments since then. The book contains 26 chapters on topics ranging across the full spectrum of civil, political, social, economic and environmental rights, with particular emphasis on the right not to be discriminated against. It is currently the most comprehensive and practical publication on the state of human rights in Northern Ireland. This is a part of the world where, as well as ongoing issues arising out of the conflict ('emergency laws' are still in place, for example), there are familiar questions concerning the rights of people with poor mental health, the law relating to family and sexual matters, children's rights, education rights, employment rights, housing rights, and social security rights. The contributors to the book are all experts in their field, most of them with years of experience as human rights activists and advisers. The book provides precise information about relevant legislation and case law (on which there are tables) and is fully indexed.
Chapter 20 considers Articles 8 and 12 of the European Convention on Human Rights and how these have been applied or challenged within a Northern Ireland context. It focuses on marriage/co-habitation, adoption, domestic violence, termination of pregnancy, sexual offences, prostitution, pornography, human trafficking, LGBTQIA rights and access to family.
Article 2 of the European Convention on Human Rights (ECHR) in its current form is incomplete and... more Article 2 of the European Convention on Human Rights (ECHR) in its current form is incomplete and outdated. This raises the question of whether Article 2 as it stands is enough to protect the right to life. Unjustified killings, by State actors and due to State omissions, are continuing in Europe making the words of ‘never again’ that inspired the birth of human rights and the ECHR appear disingenuous. Should we just accept that death is a fact of life and that ‘violence is inherently a human potential’? Or is there more that can be done within the Council of Europe (CoE)’s legal system to deter this human potential and ensure that it is remains ‘the exception [rather] than the norm’? With the belief that Article 2 is still relevant, the purpose of this thesis is to investigate how the right to life can be better protected within Europe.
This thesis begins with the premise that, as a result of significant development at both a legislative and judicial level, the right to life spans far beyond what is enumerated within Article 2. It argues that the provision that gave birth to the standalone right to life is outdated. It advocates for its modernisation through the original contribution that developments should be codified in the form of guidelines, which will clarify the scope of the enumerated and unenumerated minimum standards set by Article 2. In taking a practical approach to the protection of life, this thesis also looks beyond legislation and considers what improvements can be made by the CoE bodies - the European Court of Human Rights, the Committee of Ministers, the Parliamentary Assembly of the Council of Europe and the CoE Commissioner for Human Rights – in encouraging adherence to Article 2 and promoting effective remedies to prevent future violations.
This thesis adopts a thematic approach, which includes looking at: the duty to refrain from an unjustified killing; the duty to protect life; enforced disappearances; the duty to investigate suspicious deaths; the right to an effective remedy; and enforcement and impact. It uses the experience from four internal European conflicts – the Basque conflict, Chechen conflict, the Northern Ireland Troubles and the Turkish-Kurdish conflict – to illustrate its points.
*This research is the basis for the book: Hannah Russell, 'The Use of Force and Article 2 of the ECHR in Light of European Conflicts' (Hart Publishing, 2017)*
There is a lacuna in scientific, academic, political and legal acknowledgement of the negative im... more There is a lacuna in scientific, academic, political and legal acknowledgement of the negative impacts climate change has on the environment, politics, economics and human rights. This thesis looks to explore the paradigm that climate change is a human rights issue. It explores how climate change threatens certain human rights, assesses existing policies and looks to how the pending Copenhagen Summit 2009 can remedy present failings. Previous scientific reports are evaluated, and the predecessors to the Copenhagen agreement including the United Nations Framework Convention on Climate Change and Kyoto Protocol are analysed.
This thesis focuses on a number of human rights including the right to life, right to water, rights of future generations and rights of indigenous peoples. It calls on the effective implementation of such concepts as sustainable development, the precautionary principle and environmental justice. Furthermore, it explores the idea that environmental rights are a subsidiary of human rights.
It makes recommendations concerning the Copenhagen Summit and calls for States to be more driven by equity and long-term consequences. Ultimately this thesis addresses how present literature, policies and laws are failing to effectively address climate change and calls for an approach which is more sympathetic towards human rights.
Inter-American and European Human Rights Journal, 2016
In 2012 the Parliamentary Assembly of the Council of Europe encouraged Member States of the Counc... more In 2012 the Parliamentary Assembly of the Council of Europe encouraged Member States of the Council of Europe (CoE) to “consider launching the process of drawing up a European convention for the protection of all persons from enforced disappearance, based on the achievement of the UN Convention”. This article considers the plausibility of such a convention being created in the current political climate, with regard to the resource challenges and structural complexities that exist. It also assesses the existing protections under the International Convention on Enforced Disappearances 2006 and the European Convention on Human Rights (ECHR), and what the benefits of a European-specific convention would be. It finds that a European convention on enforced disappearances is required. It also concludes that Article 2 of the ECHR has a key role to play in challenging enforced disappearances, with or without the proposed convention. It considers how Article 2’s potential has not always been realised by the ECtHR and why issues remain in relation to the Court’s consideration of operations planning and domestic laws regarding enforced disappearances. Nevertheless, it argues that there have been significant and welcomed developments in making the duty to investigate and the requisite standard of proof more accommodating for allegations of enforced disappearances. It concludes that Article 2 offers veiled protection against enforced disappearances in the absence of a European convention and that it would provide valuable support to such a convention post-creation.
Hannah Russell, 'Striving for 'Never Again': A European Convention for the Protection of All Persons from Enforced Disappearances and the Veiled Protection of Article 2 of the ECHR' (2016) 2 Inter-American and European Human Rights Journal 470
Article 2’s permitted aim for force to be used to quell a riot or insurrection is under-explored.... more Article 2’s permitted aim for force to be used to quell a riot or insurrection is under-explored. This article focuses on expanding our understanding of this. On the basis that guidance is the key to understanding the approach is two-fold: first it looks at the definition of the terms "riot" and "insurrection", or lack thereof; secondly, it considers the methods of force that are commonly used to quell a riot or insurrection—live ammunition, rubber and plastic bullets, tear gas and water cannons—and the strengths and weaknesses of how the European Court of Human Rights deals with potential violations of art.2 regarding these methods.
Citation: Hannah Russell, 'Understanding "quelling a riot or insurrection" under article 2 of the ECHR' (2015) 5 European Human Rights Law Review 495
Fuel poverty − the inability to afford adequate warmth in the home − is a widespread problem acro... more Fuel poverty − the inability to afford adequate warmth in the home − is a widespread problem across the UK. Cold, damp homes are detrimental to human health and contribute to thousands of ‘excess winter deaths’ every year. This article analyses fuel poverty from a human rights perspective – asking whether it engages human rights protections. It first discusses the definition, scale and health impacts of the problem. Second, it explores the relationship between fuel poverty and the rights contained within the European Convention on Human Rights, the International Covenant on Economic, Social and Cultural Rights and the European Social Charter. It concludes that fuel poverty readily engages rights to adequate housing, food and health; and certain civil and political rights in extreme circumstances. It discusses the legal implications of these findings for fuel poverty policy, arguing for a ‘human rights approach’ to tackling the problem. These conclusions focus on the particularly drastic fuel poverty situation in the UK, but can also be applied globally to the various nations where citizens suffer similar problems and extend to the wider debate on the relationship between poverty and human rights.
Co-written with Ben Christman.
Citation: Ben Christman and Hannah Russell, 'Readjusting the Political Thermostat: Fuel Poverty and Human Rights in the UK' (2016) 2(2) Journal of Human Rights in the Commonwealth.
The Equality Commission for Northern Ireland commissioned Disability Action’s Centre on Human Rig... more The Equality Commission for Northern Ireland commissioned Disability Action’s Centre on Human Rights for People with Disabilities to carry out research to identify key strategic issues/barriers in public policies and programmes to the full implementation in Northern Ireland of the UNCRPD. The main aim of this research was to identify areas of substantive shortfalls in public policy and programme delivery in Northern Ireland relative to the key requirements of Articles 5-31 of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) which will influence the implementation of the UNCRPD.
This report addresses the issue of family separation in the Golan and highlights the importance o... more This report addresses the issue of family separation in the Golan and highlights the importance of resolving this issue, which continues to drastically affect the indigenous population of the Golan on a daily basis.
Section one explores the historical context of Israel’s occupation of the Golan and looks at events which have lead to the current illegal and oppressive situation in the Occupied Golan. It illustrates the strained relations that have existed and continue to exist between Israel and Syria, and sets out Israel’s motivation for occupying the Golan. It also looks at Israel’s purported annexation of the Golan and the illegality of the occupation of this region under international law.
Section two investigates the human impacts of Israel’s illegal occupation of the Golan. It illustrates past and present attempts to mitigate the effects of the occupation in relation to family separation. It highlights how despite the International Committee for the Red Cross’s best efforts, these attempts have been hindered by Israel’s oppressive, discriminatory and illegal policies.
Section three addresses the ongoing violations of international human rights and humanitarian law that are occurring due to Israel’s persistent enforcement of family separation. It emphasises that Israel’s actions constitute a violation of domestic and international law. This section touches upon the rights to equality, non-discrimination, self-determination, culture, nationality, freedom of movement, family, privacy, property, education, and health.
Section four considers a number of recommendations which would assist in addressing the issue of family separation which affects so many of the indigenous people of the Golan. The most important of these recommendations and the only one which is viewed as a solution to the problem, is for Israel to end its occupation of the Golan and for an effective Israeli-Syrian peace agreement to be negotiated and implemented.
The Syrians of the Golan and their families’ “hearts are on fire.” If Israel is to fulfill its obligations and duties under national and international law it must remedy the situation of family separation and take immediate steps to eradicate this issue. This report sets out the immediacy of this demand and recommends the best ways for this to be achieved.
In 2010, the Equality Commission for Northern Ireland (ECNI), as part of the Independent Mechanis... more In 2010, the Equality Commission for Northern Ireland (ECNI), as part of the Independent Mechanism in Northern Ireland, contracted research to develop an expert paper to set out robust evidence of any substantive shortfalls in public policy and programme delivery in Northern Ireland relative to the key requirements of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD); highlighting any key issues/barriers to full implementation. The report, ‘Disability programmes and policies: How does Northern Ireland measure up?’ was published by ECNI in 2012. The present report was commissioned by the ECNI to update the 2012 Report and to contribute to the evidence base the ECNI will draw upon in its engagement with the examination of the United Kingdom by the UNCRPD in 2014 and 2015.
The current conflict in Syria has created international discord and divergent views regarding wha... more The current conflict in Syria has created international discord and divergent views regarding what constitutes the most appropriate response to a humanitarian crisis of this kind. According to the United Nations (UN) over 60,000 Syrians have been killed, more than 733,100 Syrians have registered as refugees or are awaiting registration, over 2 million have become internally displaced and 1 million Syrians are starving as a result of the ongoing conflict. Given the intensity of the Civil War these numbers are rising by the day, further increasing the number of violations of humanitarian and human rights laws which have taken place throughout the conflict as a result of the actions of both State forces and opposition forces. Consequently, these rising figures raise the question of what is the role of the international community when mass human rights abuses, such as those witnessed during this ongoing conflict in Syria, are being committed? It also raises the query of what actions should the international community be adopting to satisfy this role? To date the international community has exerted minimal effort in providing support to the people of Syria. Has the time come, or is it possibly overdue, for this effort to be increased to a level of humanitarian intervention, i.e. proportionate threat or use of military force by international forces?
This research encompasses two parts. Part I outlines the current situation in Syria. It discusses the background to the conflict, the involvement of the international community and regional organisations and the development of the Syrian National Coalition for Opposition and Revolutionary Forces. It highlights the violations of international human rights law and international humanitarian law committed by both State and opposition forces. It also suggests ways to ensure accountability for the atrocities committed during this conflict. Part II discusses the legality of humanitarian intervention in Syria. It outlines the definition, history and legal status of humanitarian intervention. It considers the reasoning behind arguments in favour and against humanitarian intervention in Syria. Finally, conclusions and recommendations will be made with regard to humanitarian intervention and the conflict in general.
The Ad Hoc Working Group on Human Trafficking of the Human Rights Centre, Queen’s University, Bel... more The Ad Hoc Working Group on Human Trafficking of the Human Rights Centre, Queen’s University, Belfast welcomes the opportunity to engage in the consultation with the Department of Justice with regard to the introduction of new offences so as to comply with the 2011 EU Directive on Preventing and Combating Trafficking in Human Beings and Protecting its Victims.
The Ad Hoc Working Group on Human Trafficking provides proposals to amend UK legislation as required by the 2011 EU Directive.
Where an offence takes place outside of the UK and the offender is one of its nationals, the Ad Hoc Working Group on Human Trafficking points to the unique circumstance found in Northern Ireland where dual-nationality is provided for by the Good Friday (Belfast) Agreement 1998. As a result of this unique situation, along with relative ease with which UK nationality can be renounced, the Ad Hoc Working Group on Human Trafficking proposes that the jurisdiction be established not only over UK nationals, but also habitual residence so as to ensure that trafficking is prosecuted to its fullest.
The Ad Hoc Working Group on Human Trafficking further recommends that extra-territorial jurisdiction be established to prosecute individuals who have committed trafficking offences abroad against UK nationals or habitual residents.
The Ad Hoc Working Group on Human Trafficking acknowledges that the 2011 EU Directive is meant to protect victims of trafficking. The current consultation focuses on the criminal elements of the Directive rather than those for which it was designed: the victims. The Department of Justice, should give pause to seek to legislate – beyond those mandated by the 2011 EU Directive related to the offender – to protect the human rights of the victims of human trafficking through the introduction of a comprehensive trafficking bill.
In September 2011 the Palestinian Liberation Organisation (PLO) sought from the United Nations re... more In September 2011 the Palestinian Liberation Organisation (PLO) sought from the United Nations recognition of a Palestinian state consisting of the West Bank, Gaza Strip and East Jerusalem; areas which have been occupied by Israel since the 1967 Six Day War. In the preceding months campaigning gained momentum, speculation increased as to the outcome and hopes of an end to occupation and a solution to the conflict as a whole were raised. However, while it is easy to get carried away with the symbolism of a Palestinian state being recognised by one of the world’s most respected bodies, there are a number of considerations which must be kept in mind. At best this bid for full United Nations membership is a symbolic step in the right direction towards conflict resolution. However, irrespective of whether it is successful, it will not provide an instantaneous end to occupation nor will it put an immediate end to the grave violations of international law by Israel which persist. Even Chief Palestinian negotiator, Dr Saeb Erekat, has cautioned that “it is just the beginning of a long way towards Palestinian statehood… it does not aim at delegitimising any state, but to delegitimise and isolate the Israeli occupation.” This paper explores in detail the potential successes and shortfalls of the statehood bid.
On 27 June 2011, the Joint Committee published its Advice on a Charter of Rights for the Island o... more On 27 June 2011, the Joint Committee published its Advice on a Charter of Rights for the Island of Ireland.
The advice is based on a study of the human rights protections which the UK and Ireland have signed up to, in political agreements, the European Convention on Human Rights and other international human standards.
The Joint Committee recommends that, as a minimum, a Charter of Rights for the Island of Ireland should reaffirm the political parties’ commitment to the rights in the European Convention on Human Rights.
On 15th May (Nakba) and 5th June 2011 (Naksa) IOF used live ammunition to repel unarmed Syrian an... more On 15th May (Nakba) and 5th June 2011 (Naksa) IOF used live ammunition to repel unarmed Syrian and Palestinian protesters as they attempted to cross the United Nations (UN) Monitored Ceasefire Line near Majdal Shams. The actions on Nakba and Naksa amounted to grave violations of international humanitarian and human rights laws by the IOF, as will be illustrated by this position paper.
On 10th February 2010 the Israeli Knesset, considered a private bill that would grant tax benefit... more On 10th February 2010 the Israeli Knesset, considered a private bill that would grant tax benefits to illegal Jewish settlers of the Occupied Syrian Golan if it is enacted. Under the bill 33 illegal Jewish settlements within the Golan would be added to a list of towns and settlements in Israel and the Occupied Palestinian Territories which receive 13% tax reductions. Meanwhile, the indigenous Syrian population of the Occupied Golan will continue to have to pay full taxes resulting in further evidence of Israeli policies favouring illegal Jewish settlers and ignoring the rights of the indigenous Syrian population. Of the 120 Knesset members, 67 voted in favour of the bill, 13 voted against and the rest either abstained or were absent. The bill is in the preliminary stages and must pass three more readings before it becomes law. However, with the combination of majority support, passiveness of a number of the Knesset members and a tradition of constant Israeli policies of colonial occupation, settlement construction and expansion, annexation and the exclusion of the indigenous Syrian population of the Golan, and the grave breaches of their rights, there is a strong possibility that this bill will succeed. Al-Marsad calls for the rejection of this bill stating that the only outcome of enacting this bill would be to facilitate negative impacts upon peace, human rights and international humanitarian law, and to encourage the continuation of illegal settlement development and expansion. In addition, Al-Marsad calls upon the international community, European Union and high contracting parties to the Geneva Convention IV, 1949 to actively apply political and economic pressure upon Israel to abandon their illegal policies and strategies.
"As the only human rights organisation based in the OSG, Al-Marsad respectfully submits this Para... more "As the only human rights organisation based in the OSG, Al-Marsad respectfully submits this Parallel Report to bring to the attention of the Committee Israel’s lack of compliance with the Convention. It looks at the impact that Israel’s occupation and its discriminatory policies including land expropriation, settlement development, landmines, permit systems, family separation and excessive use of force have had on Syrian Arabs and the realisation of their rights contained within the Convention.
Al-Marsad wishes to stress that while the discriminatory tactics used against Syrian Arabs are similar to those used against Palestinians in the occupied Palestinian territory, the legal framework, political situation and violations of international law which exist in the OSG are different on a number of levels and for that reason require specific attention.
It should be noted that this Parallel Report does not address all the issues identified by the Committee. The findings in this Parallel Report are based on Al-Marsad’s monitoring and documentation activities. There are certain issues which are outside the direct expertise of Al-Marsad and as such the authors have opted not to comment on these. However, the limitations of this report should not be understood to imply that Israel complies or does not comply with articles of the Convention that are not mentioned therein.
This report identifies general trends and polices with regard to Israel’s lack of compliance with the Convention. It does so by looking at the rights contained within the Convention."
As leading human rights and humanitarian organisations based in the OPT, Al-Haq, Addameer, BADIL,... more As leading human rights and humanitarian organisations based in the OPT, Al-Haq, Addameer, BADIL, EWASH and WCLAC (hereinafter the submitting parties) respectfully submit this Joint Parallel Report to provide information which is of relevance to the Committee’s review of Israel’s 14th, 15th and 16th Periodic Reports on its implementation of the Convention. The submitting parties wish to bring to the attention of the Committee Israel’s lack of compliance with the Convention.
This report focuses on:
A. Security of person and protection by the State, enshrined in Article 5(b) of the Convention (see Section 3 of the Joint Parallel Report),
B. Legislative and administrative policies of discrimination, enshrined in Article 2(1) of the Convention (see Section 4 of the Joint Parallel Report), and
C. The discriminatory allocation of water in the OPT, as part of the right to housing enshrined in Article 5(e)(iii) of the Convention (see Section 5 of the Joint Parallel Report).
Note: This is a group submission, the contributions made by this author were made on behalf of WCLAC.
Beginning in March 2011, the situation in the Syrian Arab Republic (Syria) has evolved from peace... more Beginning in March 2011, the situation in the Syrian Arab Republic (Syria) has evolved from peaceful demonstrations to a Civil War which continues to rage. According to the United Nations (UN), approximately 93,000 Syrian have been reported killed, more than 1.6 million Syrians have registered as refugees or are awaiting registration, over 4.25 million have become internally displaced and 6.8 million require humanitarian aid, as a result of the on-going conflict. Given the intensity of the Civil War these numbers are rising by the day, further increasing the violations of international law which have taken place throughout the conflict. These violations have been the result of the actions of both State forces and opposition forces and are at such a grave level that they regularly classify as crimes against humanity and/or war crimes, two crimes which the responsibility to protect principle (R2P) is tasked with protecting against. This paper considers whether the time has arrived for military intervention, given the gravity and continued intensity of the conflict.
This paper explores the foundations that McCann created in relation to the scope of the right to ... more This paper explores the foundations that McCann created in relation to the scope of the right to life. It assesses how these issues have developed in the last two decades, arguably as a result of the example set by McCann. It also hints that it could be time to reassess how the right to life is protected within a European context.
This presentation considers Turkey and the right to life in the context of the Turkish-Kurdish co... more This presentation considers Turkey and the right to life in the context of the Turkish-Kurdish conflict. It presents a number of statistics and assesses the situation with regard to domestic and international law. It draws heavily from Article 2 of the European Convention on Human Rights and the jurisprudence of the European Court of Human Rights.
According to Amnesty International, “violence against women [including marital rape] is widesprea... more According to Amnesty International, “violence against women [including marital rape] is widespread in Ireland.” It is a reality that this violence cuts across all social, cultural and economic backgrounds. Yet marital rape is a crime and issue of family law that is not often heard of. For centuries the possibility that marital rape existed was denied. However, a change of attitude has occurred within the last thirty years. With this in mind, this presentation explores how the crime of marital rape came into existence and analyzes whether the current law and policies surrounding this particular crime in Ireland are sufficient. In doing so relevant case law will be looked at, along with commentators’ views, the Irish Constitution and related legislation. Legislation from other jurisdictions will also be explored to gain a greater insight into the historical context and development of this crime. The presentation concludes that there have been positive advances in the law surrounding marital rape; however, there are still gaps which require filling. In arguing this, the presentation focuses on the current obligations of policy makers, judiciary, society and the media, and suggests proposals for further reform and development.
This presentation considers Turkey and the right to life in the context of the Turkish-Kurdish co... more This presentation considers Turkey and the right to life in the context of the Turkish-Kurdish conflict. It presents a number of statistics and assesses the situation with regard to domestic and international law. It draws heavily from Article 2 of the European Convention on Human Rights and the jurisprudence of the European Court of Human Rights.
Following a recent trip to Turkey, this presentation also provides an update on the situation on the ground.
The title of this Pecha Kucha talk* is intentionally misleading. Those who challenge human rights... more The title of this Pecha Kucha talk* is intentionally misleading. Those who challenge human rights often do it from the perspective that the problem is with human rights themselves.This presentation puts forward the argument that human rights are not the problem, it is how they are interpreted and publicly portrayed.
*Pecha Kucha talks are an innovative form of presenting. The talk is limited to 6 minutes 40 seconds, or 20 slides x 20 seconds.
This TED talk discusses the issues facing the Syrian Arab population as a result of Israeli occup... more This TED talk discusses the issues facing the Syrian Arab population as a result of Israeli occupation and the Syrian Civil War.
This presentation provides a briefing on the limited application of the European Convention on Hu... more This presentation provides a briefing on the limited application of the European Convention on Human Rights, European Court of Human Rights jurisprudence and other European Laws to the occupied Palestinian territory.
This presentation explains the key components of the United Nations, highlighting ways to utilise... more This presentation explains the key components of the United Nations, highlighting ways to utilise its human rights mechanisms.
This presentation highlights the issue of family separation in the Golan which continues to drast... more This presentation highlights the issue of family separation in the Golan which continues to drastically affect the indigenous population of the Golan on a daily basis. The presentation explores the historical context of Israel’s occupation of the Golan and looks at events which have lead to the current illegal and oppressive situation in the Occupied Golan. Second, it investigates the human impacts of Israel’s illegal occupation of the Golan. Third, it addresses the ongoing violations of international human rights and humanitarian law that are occurring due to Israel’s persistent enforcement of family separation. It concludes by considering a number of recommendations which would assist in addressing the issue of family separation which affects so many of the indigenous people of the Golan.
A vote in favour of marriage equality in Northern Ireland was stymied by a mechanism designed to ... more A vote in favour of marriage equality in Northern Ireland was stymied by a mechanism designed to protect minorities.
Ireland voted Yes to marriage equality in May – can Northern Ireland pick up the baton?
Publishe... more Ireland voted Yes to marriage equality in May – can Northern Ireland pick up the baton?
Human rights law provides a set of basic rules designed to protect human dignity. Poverty (and fu... more Human rights law provides a set of basic rules designed to protect human dignity. Poverty (and fuel poverty) can affect the enjoyment of several human rights protections including the right to life, freedom from inhuman and degrading treatment, adequate housing, food and health. These are found in international, regional and domestic legal instruments with snazzy titles like the European Convention on Human Rights 1952 (ECHR) and the International Covenant on Economic, Social and Cultural Rights 1966 (ICESCR) – although anathema to some parts of the political spectrum, these rights are an important part of the UK’s legal system. This post provides an introduction to the relationship between human rights and fuel poverty in the UK, focussing on the rights to life and housing.
A comment on progress, or lack thereof, following the Kurdish truce on 21 March 2013.
First pu... more A comment on progress, or lack thereof, following the Kurdish truce on 21 March 2013.
A comment on Northern Ireland's dealings with human trafficking.
First published on Rightsni.o... more A comment on Northern Ireland's dealings with human trafficking.
First published on Rightsni.org, 11 September 2012
A comment on how the Syrian Golan is caught between a rock and a hard place - on the one side liv... more A comment on how the Syrian Golan is caught between a rock and a hard place - on the one side living under the oppression and systematic discrimination of Israeli occupation, and on the other watching its homeland being torn apart and all the anxieties for family members and the future that comes with that.
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Chapters:
1. Introduction
2. Introducing Guidelines on Article 2: Making a Case
3. Duty to Refrain from Unjustified Killing
4. Duty to Protect Life: By Law
5. Duty to Protect Life: Planning and Reasonable Steps
6. Enforced Disappearances
7. Duty to Investigate Suspicious Deaths
8. Right to an Effective Remedy and Article 2 of the ECHR
9. Special Challenges
10. CoE Bodies and Protecting Life
This book is available to buy online: https://www.bloomsburyprofessional.com/uk/the-use-of-force-and-article-2-of-the-echr-in-light-of-european-conflicts-9781509911813/
Chapter 20 considers Articles 8 and 12 of the European Convention on Human Rights and how these have been applied or challenged within a Northern Ireland context. It focuses on marriage/co-habitation, adoption, domestic violence, termination of pregnancy, sexual offences, prostitution, pornography, human trafficking, LGBTQIA rights and access to family.
This thesis begins with the premise that, as a result of significant development at both a legislative and judicial level, the right to life spans far beyond what is enumerated within Article 2. It argues that the provision that gave birth to the standalone right to life is outdated. It advocates for its modernisation through the original contribution that developments should be codified in the form of guidelines, which will clarify the scope of the enumerated and unenumerated minimum standards set by Article 2. In taking a practical approach to the protection of life, this thesis also looks beyond legislation and considers what improvements can be made by the CoE bodies - the European Court of Human Rights, the Committee of Ministers, the Parliamentary Assembly of the Council of Europe and the CoE Commissioner for Human Rights – in encouraging adherence to Article 2 and promoting effective remedies to prevent future violations.
This thesis adopts a thematic approach, which includes looking at: the duty to refrain from an unjustified killing; the duty to protect life; enforced disappearances; the duty to investigate suspicious deaths; the right to an effective remedy; and enforcement and impact. It uses the experience from four internal European conflicts – the Basque conflict, Chechen conflict, the Northern Ireland Troubles and the Turkish-Kurdish conflict – to illustrate its points.
*This research is the basis for the book: Hannah Russell, 'The Use of Force and Article 2 of the ECHR in Light of European Conflicts' (Hart Publishing, 2017)*
This thesis focuses on a number of human rights including the right to life, right to water, rights of future generations and rights of indigenous peoples. It calls on the effective implementation of such concepts as sustainable development, the precautionary principle and environmental justice. Furthermore, it explores the idea that environmental rights are a subsidiary of human rights.
It makes recommendations concerning the Copenhagen Summit and calls for States to be more driven by equity and long-term consequences. Ultimately this thesis addresses how present literature, policies and laws are failing to effectively address climate change and calls for an approach which is more sympathetic towards human rights.
Hannah Russell, 'Striving for 'Never Again': A European Convention for the Protection of All Persons from Enforced Disappearances and the Veiled Protection of Article 2 of the ECHR' (2016) 2 Inter-American and European Human Rights Journal 470
Citation: Hannah Russell, 'Understanding "quelling a riot or insurrection" under article 2 of the ECHR' (2015) 5 European Human Rights Law Review 495
Co-written with Ben Christman.
Citation: Ben Christman and Hannah Russell, 'Readjusting the Political Thermostat: Fuel Poverty and Human Rights in the UK' (2016) 2(2) Journal of Human Rights in the Commonwealth.
Section one explores the historical context of Israel’s occupation of the Golan and looks at events which have lead to the current illegal and oppressive situation in the Occupied Golan. It illustrates the strained relations that have existed and continue to exist between Israel and Syria, and sets out Israel’s motivation for occupying the Golan. It also looks at Israel’s purported annexation of the Golan and the illegality of the occupation of this region under international law.
Section two investigates the human impacts of Israel’s illegal occupation of the Golan. It illustrates past and present attempts to mitigate the effects of the occupation in relation to family separation. It highlights how despite the International Committee for the Red Cross’s best efforts, these attempts have been hindered by Israel’s oppressive, discriminatory and illegal policies.
Section three addresses the ongoing violations of international human rights and humanitarian law that are occurring due to Israel’s persistent enforcement of family separation. It emphasises that Israel’s actions constitute a violation of domestic and international law. This section touches upon the rights to equality, non-discrimination, self-determination, culture, nationality, freedom of movement, family, privacy, property, education, and health.
Section four considers a number of recommendations which would assist in addressing the issue of family separation which affects so many of the indigenous people of the Golan. The most important of these recommendations and the only one which is viewed as a solution to the problem, is for Israel to end its occupation of the Golan and for an effective Israeli-Syrian peace agreement to be negotiated and implemented.
The Syrians of the Golan and their families’ “hearts are on fire.” If Israel is to fulfill its obligations and duties under national and international law it must remedy the situation of family separation and take immediate steps to eradicate this issue. This report sets out the immediacy of this demand and recommends the best ways for this to be achieved.
This research encompasses two parts. Part I outlines the current situation in Syria. It discusses the background to the conflict, the involvement of the international community and regional organisations and the development of the Syrian National Coalition for Opposition and Revolutionary Forces. It highlights the violations of international human rights law and international humanitarian law committed by both State and opposition forces. It also suggests ways to ensure accountability for the atrocities committed during this conflict. Part II discusses the legality of humanitarian intervention in Syria. It outlines the definition, history and legal status of humanitarian intervention. It considers the reasoning behind arguments in favour and against humanitarian intervention in Syria. Finally, conclusions and recommendations will be made with regard to humanitarian intervention and the conflict in general.
The Ad Hoc Working Group on Human Trafficking provides proposals to amend UK legislation as required by the 2011 EU Directive.
Where an offence takes place outside of the UK and the offender is one of its nationals, the Ad Hoc Working Group on Human Trafficking points to the unique circumstance found in Northern Ireland where dual-nationality is provided for by the Good Friday (Belfast) Agreement 1998. As a result of this unique situation, along with relative ease with which UK nationality can be renounced, the Ad Hoc Working Group on Human Trafficking proposes that the jurisdiction be established not only over UK nationals, but also habitual residence so as to ensure that trafficking is prosecuted to its fullest.
The Ad Hoc Working Group on Human Trafficking further recommends that extra-territorial jurisdiction be established to prosecute individuals who have committed trafficking offences abroad against UK nationals or habitual residents.
The Ad Hoc Working Group on Human Trafficking acknowledges that the 2011 EU Directive is meant to protect victims of trafficking. The current consultation focuses on the criminal elements of the Directive rather than those for which it was designed: the victims. The Department of Justice, should give pause to seek to legislate – beyond those mandated by the 2011 EU Directive related to the offender – to protect the human rights of the victims of human trafficking through the introduction of a comprehensive trafficking bill.
The advice is based on a study of the human rights protections which the UK and Ireland have signed up to, in political agreements, the European Convention on Human Rights and other international human standards.
The Joint Committee recommends that, as a minimum, a Charter of Rights for the Island of Ireland should reaffirm the political parties’ commitment to the rights in the European Convention on Human Rights.
Al-Marsad wishes to stress that while the discriminatory tactics used against Syrian Arabs are similar to those used against Palestinians in the occupied Palestinian territory, the legal framework, political situation and violations of international law which exist in the OSG are different on a number of levels and for that reason require specific attention.
It should be noted that this Parallel Report does not address all the issues identified by the Committee. The findings in this Parallel Report are based on Al-Marsad’s monitoring and documentation activities. There are certain issues which are outside the direct expertise of Al-Marsad and as such the authors have opted not to comment on these. However, the limitations of this report should not be understood to imply that Israel complies or does not comply with articles of the Convention that are not mentioned therein.
This report identifies general trends and polices with regard to Israel’s lack of compliance with the Convention. It does so by looking at the rights contained within the Convention."
This report focuses on:
A. Security of person and protection by the State, enshrined in Article 5(b) of the Convention (see Section 3 of the Joint Parallel Report),
B. Legislative and administrative policies of discrimination, enshrined in Article 2(1) of the Convention (see Section 4 of the Joint Parallel Report), and
C. The discriminatory allocation of water in the OPT, as part of the right to housing enshrined in Article 5(e)(iii) of the Convention (see Section 5 of the Joint Parallel Report).
Note: This is a group submission, the contributions made by this author were made on behalf of WCLAC.
Chapters:
1. Introduction
2. Introducing Guidelines on Article 2: Making a Case
3. Duty to Refrain from Unjustified Killing
4. Duty to Protect Life: By Law
5. Duty to Protect Life: Planning and Reasonable Steps
6. Enforced Disappearances
7. Duty to Investigate Suspicious Deaths
8. Right to an Effective Remedy and Article 2 of the ECHR
9. Special Challenges
10. CoE Bodies and Protecting Life
This book is available to buy online: https://www.bloomsburyprofessional.com/uk/the-use-of-force-and-article-2-of-the-echr-in-light-of-european-conflicts-9781509911813/
Chapter 20 considers Articles 8 and 12 of the European Convention on Human Rights and how these have been applied or challenged within a Northern Ireland context. It focuses on marriage/co-habitation, adoption, domestic violence, termination of pregnancy, sexual offences, prostitution, pornography, human trafficking, LGBTQIA rights and access to family.
This thesis begins with the premise that, as a result of significant development at both a legislative and judicial level, the right to life spans far beyond what is enumerated within Article 2. It argues that the provision that gave birth to the standalone right to life is outdated. It advocates for its modernisation through the original contribution that developments should be codified in the form of guidelines, which will clarify the scope of the enumerated and unenumerated minimum standards set by Article 2. In taking a practical approach to the protection of life, this thesis also looks beyond legislation and considers what improvements can be made by the CoE bodies - the European Court of Human Rights, the Committee of Ministers, the Parliamentary Assembly of the Council of Europe and the CoE Commissioner for Human Rights – in encouraging adherence to Article 2 and promoting effective remedies to prevent future violations.
This thesis adopts a thematic approach, which includes looking at: the duty to refrain from an unjustified killing; the duty to protect life; enforced disappearances; the duty to investigate suspicious deaths; the right to an effective remedy; and enforcement and impact. It uses the experience from four internal European conflicts – the Basque conflict, Chechen conflict, the Northern Ireland Troubles and the Turkish-Kurdish conflict – to illustrate its points.
*This research is the basis for the book: Hannah Russell, 'The Use of Force and Article 2 of the ECHR in Light of European Conflicts' (Hart Publishing, 2017)*
This thesis focuses on a number of human rights including the right to life, right to water, rights of future generations and rights of indigenous peoples. It calls on the effective implementation of such concepts as sustainable development, the precautionary principle and environmental justice. Furthermore, it explores the idea that environmental rights are a subsidiary of human rights.
It makes recommendations concerning the Copenhagen Summit and calls for States to be more driven by equity and long-term consequences. Ultimately this thesis addresses how present literature, policies and laws are failing to effectively address climate change and calls for an approach which is more sympathetic towards human rights.
Hannah Russell, 'Striving for 'Never Again': A European Convention for the Protection of All Persons from Enforced Disappearances and the Veiled Protection of Article 2 of the ECHR' (2016) 2 Inter-American and European Human Rights Journal 470
Citation: Hannah Russell, 'Understanding "quelling a riot or insurrection" under article 2 of the ECHR' (2015) 5 European Human Rights Law Review 495
Co-written with Ben Christman.
Citation: Ben Christman and Hannah Russell, 'Readjusting the Political Thermostat: Fuel Poverty and Human Rights in the UK' (2016) 2(2) Journal of Human Rights in the Commonwealth.
Section one explores the historical context of Israel’s occupation of the Golan and looks at events which have lead to the current illegal and oppressive situation in the Occupied Golan. It illustrates the strained relations that have existed and continue to exist between Israel and Syria, and sets out Israel’s motivation for occupying the Golan. It also looks at Israel’s purported annexation of the Golan and the illegality of the occupation of this region under international law.
Section two investigates the human impacts of Israel’s illegal occupation of the Golan. It illustrates past and present attempts to mitigate the effects of the occupation in relation to family separation. It highlights how despite the International Committee for the Red Cross’s best efforts, these attempts have been hindered by Israel’s oppressive, discriminatory and illegal policies.
Section three addresses the ongoing violations of international human rights and humanitarian law that are occurring due to Israel’s persistent enforcement of family separation. It emphasises that Israel’s actions constitute a violation of domestic and international law. This section touches upon the rights to equality, non-discrimination, self-determination, culture, nationality, freedom of movement, family, privacy, property, education, and health.
Section four considers a number of recommendations which would assist in addressing the issue of family separation which affects so many of the indigenous people of the Golan. The most important of these recommendations and the only one which is viewed as a solution to the problem, is for Israel to end its occupation of the Golan and for an effective Israeli-Syrian peace agreement to be negotiated and implemented.
The Syrians of the Golan and their families’ “hearts are on fire.” If Israel is to fulfill its obligations and duties under national and international law it must remedy the situation of family separation and take immediate steps to eradicate this issue. This report sets out the immediacy of this demand and recommends the best ways for this to be achieved.
This research encompasses two parts. Part I outlines the current situation in Syria. It discusses the background to the conflict, the involvement of the international community and regional organisations and the development of the Syrian National Coalition for Opposition and Revolutionary Forces. It highlights the violations of international human rights law and international humanitarian law committed by both State and opposition forces. It also suggests ways to ensure accountability for the atrocities committed during this conflict. Part II discusses the legality of humanitarian intervention in Syria. It outlines the definition, history and legal status of humanitarian intervention. It considers the reasoning behind arguments in favour and against humanitarian intervention in Syria. Finally, conclusions and recommendations will be made with regard to humanitarian intervention and the conflict in general.
The Ad Hoc Working Group on Human Trafficking provides proposals to amend UK legislation as required by the 2011 EU Directive.
Where an offence takes place outside of the UK and the offender is one of its nationals, the Ad Hoc Working Group on Human Trafficking points to the unique circumstance found in Northern Ireland where dual-nationality is provided for by the Good Friday (Belfast) Agreement 1998. As a result of this unique situation, along with relative ease with which UK nationality can be renounced, the Ad Hoc Working Group on Human Trafficking proposes that the jurisdiction be established not only over UK nationals, but also habitual residence so as to ensure that trafficking is prosecuted to its fullest.
The Ad Hoc Working Group on Human Trafficking further recommends that extra-territorial jurisdiction be established to prosecute individuals who have committed trafficking offences abroad against UK nationals or habitual residents.
The Ad Hoc Working Group on Human Trafficking acknowledges that the 2011 EU Directive is meant to protect victims of trafficking. The current consultation focuses on the criminal elements of the Directive rather than those for which it was designed: the victims. The Department of Justice, should give pause to seek to legislate – beyond those mandated by the 2011 EU Directive related to the offender – to protect the human rights of the victims of human trafficking through the introduction of a comprehensive trafficking bill.
The advice is based on a study of the human rights protections which the UK and Ireland have signed up to, in political agreements, the European Convention on Human Rights and other international human standards.
The Joint Committee recommends that, as a minimum, a Charter of Rights for the Island of Ireland should reaffirm the political parties’ commitment to the rights in the European Convention on Human Rights.
Al-Marsad wishes to stress that while the discriminatory tactics used against Syrian Arabs are similar to those used against Palestinians in the occupied Palestinian territory, the legal framework, political situation and violations of international law which exist in the OSG are different on a number of levels and for that reason require specific attention.
It should be noted that this Parallel Report does not address all the issues identified by the Committee. The findings in this Parallel Report are based on Al-Marsad’s monitoring and documentation activities. There are certain issues which are outside the direct expertise of Al-Marsad and as such the authors have opted not to comment on these. However, the limitations of this report should not be understood to imply that Israel complies or does not comply with articles of the Convention that are not mentioned therein.
This report identifies general trends and polices with regard to Israel’s lack of compliance with the Convention. It does so by looking at the rights contained within the Convention."
This report focuses on:
A. Security of person and protection by the State, enshrined in Article 5(b) of the Convention (see Section 3 of the Joint Parallel Report),
B. Legislative and administrative policies of discrimination, enshrined in Article 2(1) of the Convention (see Section 4 of the Joint Parallel Report), and
C. The discriminatory allocation of water in the OPT, as part of the right to housing enshrined in Article 5(e)(iii) of the Convention (see Section 5 of the Joint Parallel Report).
Note: This is a group submission, the contributions made by this author were made on behalf of WCLAC.
Following a recent trip to Turkey, this presentation also provides an update on the situation on the ground.
*Pecha Kucha talks are an innovative form of presenting. The talk is limited to 6 minutes 40 seconds, or 20 slides x 20 seconds.
Published in 'The Conversation', 5 November 2015.
Published in 'The Conversation', 18 June 2015
First published in http://fuelpoverty.eu/blog/ on 22 July 2015.
First published on Rightsni.org, 5 August 2013
First published on Rightsni.org, 11 September 2012
First published on Rightsni.org, 12 June 2012