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1. Community, Not Confinement

Publication Date:
10-2015
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
The UN Convention on the Rights of Persons with Disabilities (CRPD) affirms the rights of all people to live in their communities. Yet between 2007 and 2013, EU member states invested millions of euros of EU structural funds into institutions that confine and segregate people living with disabilities. Now, although the 2014–2020 round of structural funds requires member states to introduce domestic deinstitutionalization measues, the danger remains that EU investments in institutions will continue. The European Commission has a responsibility to ensure the rights of Europeans with disabilities and the proper direction of EU investments. Community, Not Confinement examines EU law and policy governing the use of structural funds, and EU and state responsibilities to human rights obligations under international and EU law. This report also recommends several steps the commission should take, including providing clear guidance to member states that projects selected for the use of structural funds must comply with the CRPD; verifying that such programming aligns with the CRPD and supports independent living; and funding civil society to monitor member states’ investments and inform the commission of findings.
Topic:
Human Rights, International Law, United Nations, Law, Disability, Community, Political Rights, and Legal Sector
Political Geography:
Europe

2. Primer: Support Technologies for Human Rights Lawyers

Publication Date:
02-2014
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
This study looks at the place that technologies may have in helping human rights lawyers work most effectively. It looks at three classes of technologies: 1. Case and practice management tools, for managing the day­to­day flow of information around a case, such as the exchange of documents, task management and dates. 2. E­Discovery tools for digitizing, organizing and reviewing collections of documents, data or other material that could be evidence in a case. 3. Investigation and case building tools for organizing and analyzing the facts of a case or group of cases, providing visual overviews on maps, network charts and timelines. The goal is to provide an understanding of the problems that the available tools target, a framework for thinking about how these technologies may fit into to your work, and a good understanding of the costs involved.
Topic:
Human Rights, Science and Technology, Law, Digital Policy, and Legal Sector
Political Geography:
Global Focus

3. License to Be Yourself

Publication Date:
05-2014
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
When trans people’s passports, driver licenses, and national ID cards, do not reflect their gender identity, it can exclude them from fundamental aspects of daily life—like receiving health care, schooling, housing, or a bank account. And it can prevent trans people from exercising basic liberties like the right to vote or freedom of movement. The vast majority of trans people around the world cannot obtain official documents under their appropriate name and sex that match their gender identity. Where this is possible, trans people often face highly restrictive laws or regulations for changing name and sex that violate human rights obligations. These restrictions may involve excluding trans people who are married or have children, or require compulsory medical diagnoses or proceedures, including those that result in sterilization. License to Be Yourself documents some of the world’s most progressive and rights-based laws and policies that enable trans people to change their gender identity on official documents. It shares strategies that activists have successfully used in a variety of global and legal contexts, and features case studies from Argentina, Australia, Hong Kong, Kenya, Ukraine, and the United States. This report is a resource for activists working on human rights issues for trans people, local communities examining best laws and policies, and policymakers seeking to uphold the rights of trans people.
Topic:
Gender Issues, Human Rights, LGBT+, Sexuality, Identity, Legal Sector, and Transgender
Political Geography:
Global Focus

4. Migrant Workers’ Access to Justice at Home: Indonesia

Publication Date:
10-2013
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
Each year, around half a million Indonesians travel abroad to work, half of those to the Middle East. Many are women who suffer abuse and exploitation when they work abroad but have virtually no access to recourse within their host country’s legal system. The vulnerability of migrant workers abroad makes it crucial for them to be able to seek redress in their own countries. Migrant Workers’ Access to Justice at Home: Indonesia is the first comprehensive study of migrant workers’ access to justice in their country of origin. A collaborative effort by the Open Society International Migration Initiative, the Tifa Foundation, and the Migrant Worker Access to Justice Project, the report analyzes how migrant workers may access justice in Indonesia, and identifies the systemic barriers that prevent them from receiving redress for harms they suffer before, during, and after their work abroad. The report also provides recommendations for improving access to justice and private sector accountability in 11 key areas, addressed to government, parliament, civil society, donors, and others. Migrant Workers’ Access to Justice at Home: Indonesia is an important contribution to advancing the rights of migrant workers and will serve as a valuable guide for civil society groups in Indonesia and elsewhere to better understand, use, and test existing justice mechanisms to enforce migrant workers’ rights.
Topic:
Migration, Labor Issues, Employment, Economic Policy, Justice, Migrant Workers, and Legal Sector
Political Geography:
Indonesia and Middle East

5. Criminal Justice Performance from a Human Rights Perspective: Assessing the Transformation of the Criminal Justice System in Moldova

Publication Date:
11-2009
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
The aim of this report is to assess the extent of transformation of criminal justice in Moldova almost two decades after independence, and to uncover to what extent the Moldovan criminal justice system still exhibits the characteristics of a repressive state. Criminal Justice Performance from a Human Rights Perspective seeks to determine to what extent the objectives of the criminal justice system are understood and embraced by the criminal justice officials, and to what extent democratic and human rights protections are complied with in practice. The report seeks to understand public attitudes in relation to the criminal justice system and what this means for further reform of the criminal justice system. It also makes recommendations towards the further transformation of the Moldovan criminal justice system.
Topic:
Human Rights, Democracy, Criminal Justice, and Legal Sector
Political Geography:
Moldova

6. HIV/AIDS, Human Rights, and Legal Services in Uganda

Publication Date:
05-2008
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
Widespread human rights abuses and lack of legal services is fueling Uganda's HIV epidemic, according to a report from the Open Society Initiative for East Africa (OSIEA) and OSI's Law and Health Initiative (LAHI). HIV/AIDS, Human Rights, and Legal Services in Uganda documents common abuses faced by people living with AIDS or at high risk of HIV, including: barriers to employment or education; discrimination in gaining access to medical care; violations of the right to medical privacy; forced HIV testing; and eviction from housing. According to the report, while the government of Uganda has addressed the medical effects of the HIV epidemic, it has paid little attention to the epidemic’s legal and human rights implications. This is especially true for marginalized populations who are most vulnerable to HIV-related human rights abuses: women (especially young women, widows, and women living in fishing communities); sex workers; orphans and vulnerable children; lesbian, gay, bisexual, and transgender (LGBT) individuals; and internally displaced persons. The report recommends stronger enforcement of policies and legislation that offer clear protection against HIV-related stigma and discrimination. It calls for greater support to community-based groups that have sought to integrate legal support into HIV prevention and care programs. It also recommends strengthening legal mechanisms to help people living with HIV access justice. Local Council Courts appear to be the most utilized dispute resolution mechanism by communities, but these courts are not being used to address HIV-related infringement of rights.
Topic:
HIV/AIDS, Health, Human Rights, Health Care Policy, Discrimination, Legal Sector, and Epidemic
Political Geography:
Uganda and East Africa

7. Closed to Reason: The International Narcotics Board and HIV/AIDS

Publication Date:
02-2007
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
In this report on the International Narcotics Control Board—a secretive UN-funded body responsible for monitoring compliance with the UN drug conventions—Daniel Wolfe, OSI International Harm Reduction Development Deputy Director, and Joanne Csete, Executive Director of the Canadian HIV/AIDS Legal Network, detail the ways in which the Board rejects scientific evidence and expert legal analyses, praises governments that violate human rights, and stresses drug control at the expense of public health, blocking evidence-based efforts to address the epidemic of HIV among injecting drug users. Closed to Reason offers recommendations to increase the Board's accountability and transparency and to make it an effective part of the international response to HIV/AIDS.
Topic:
HIV/AIDS, Health, United Nations, Narcotics Trafficking, and Legal Sector
Political Geography:
Global Focus