Tag: Human rights

Lampedusa: A Tragedy with a Plot Twist

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By Agnese Olmati

A small strip of land in the middle of the Mediterranean, 205 km off the Sicilian coast and 113 km away from Tunisia. Lampedusa, the southernmost point of Italy, has become popular in the recent years as the symbol of the humanitarian crisis in the Mediterranean. Today, even if its name is no longer on the front pages, the island is still at the core of migration flows through the Central Mediterranean route and still serves as lifebuoy for many. According to statistics, the death tolls and number of arrivals have decreased in the past couple of years, but people continue to land in Lampedusa – and die in its surrounding sea. Estimations show that 2016 was the deadliest year, with 4,587 dead or missing at sea[1] and 500 arriving in Italy by sea per day, compared to only 61 since June 2018 till today.

However, this is not a positive signal meaning that the Italian and European migration policies are giving the expected results. In fact, 19% of those who have tried to leave Africa last September died or went missing, a percentage that has never been registered before[2]. Past scenarios in which the island, with its 6,000 Lampedusani, was hosting 10,000 people on its small territory[3] are not likely to happen again. Lampedusa is not facing any serious problem in welcoming and hosting migrants in its hotspot, where their process for seeking international protection starts and where they normally spend just two days before being transferred to the mainland.
However, the migratory phenomenon is still profoundly affecting Lampedusa and those who live there. Different people and places around the isle can show what living on an island on the European border means, with all its peculiarities and paradoxes. Continue reading “Lampedusa: A Tragedy with a Plot Twist” →

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Why the “I” in “India” Stands For “Identity”

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By Nikhil Verma

The Hidden Indian ‘Apartheid’

In October 2015, two three-year-old kids were set on fire and torched inside a house along with eight adults of the same family in the Indian town of Ballabgarh, Haryana. [1]
Similarly, in 2010, a polio-stricken teenage girl was torched while she was sleeping, her elderly father who went to save her was also locked by an upper-caste mob until both of them were charred to death. The spokes of the rusty handicap tricycle which was meant to assist the polio-ridden condition of the obliterated girl laid darkened in the corner. These are not excerpts of stories from Auschwitz, these are everyday stories from Modern India – so-called progressive India.
These are narratives of caste-based violence and atrocities which occur without any fear of prosecution in India. In both stories, the perpetrators belonged to ‘Upper-Caste groups” i.e. the ‘Caste Elites of India’, whereas both the families on the receiving end belonged to the most socially stigmatised community of Indian society – “The Untouchables” which are now mostly recognized as “Dalits”. The word ‘Dalit’ means ‘broken’ or ‘oppressed’ (recognized as Scheduled Castes & Scheduled Tribes under the Indian Constitution).

In India, such heinous crimes against ‘Dalits’ are not an exception but rather a norm. Moreover, such crimes are committed with impunity which is made evident by the conviction rate which stands at 5.3%.[2] ‘Dalits’ cover almost one-fifth of the Indian population with 200 million people which is bigger than the combined population of Germany and France. Such a large population experiences caste discrimination in forms of sexual assault, physical violence, forced prostitution, manual scavenging, and denial of most basic human rights. This is tribalism of the highest order and the international community is not paying enough attention to it.

Despite the fact that caste discrimination is outlawed in India since 1947, it is omnipresent in India and the situation is not showing any signs of progress as the crimes against Dalits have increased by 66% and the rapes of ‘Dalit’ women doubled between 2007 and 2017, according to the Ministry of Home Affairs. Continue reading “Why the “I” in “India” Stands For “Identity”” →

LGBT & EU Legislation: An Overview of the Recent Developments

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By Júlia-Janka Gáspárik 

The EU’s motto is “United in Diversity”[1], which means that it is a shared community, but member states also preserve their national characteristics. At the same time, this motto can also sum up one of the biggest problems of the EU: the definition of the limit between having common laws and undermining a country’s sovereignty. LGBT (Lesbian, Gay, Bisexual, Transsexual) rights are a very delicate part of the EU legislation, trapped somewhere between universal (and EU-protected) human rights and national sovereignty. The EU – opting towards an ever-closer union – is trying to bring together its member states with social policies in order to reach an integrated society also on the cultural level, and not only on the economic and monetary ones. On the other hand, anti-LGBT/pro-traditional family groups often use the argument of sovereignty against the common EU LGBT framework[2]. This is what partially makes this issue of LGBT so complicated: some people argue that this minority should be protected with a stronger mechanism at EU level, while others say that it would undermine their countries’ sovereignty.

The European Union law mentions the issue of LGBT only in terms of discrimination: discrimination based on sexual orientation is illegal and rights pertaining to this aspect are protected in the Charter of Fundamental Rights of the EU[3]. NGOs and civil right organizations are fighting for the rights of the LGBT people. However, since the attitude towards sexual orientation is considered to be a cultural-societal-religious issue, the EU has not established a compulsory legal framework in any of its member states. On the other hand, it can be argued that this is not a societal issue but one of fundamental rights. When learning about LGBT in the EU, it also becomes clear that the main obstacle in not introducing the civil union and same sex marriages in some European countries is the predominant position of religious values in that state[4].
This article explores the complex issue of LGBT rights in the EU and the member states by examining the issues’ cultural and human rights facade. It will be illustrated with one case, namely the recent case of Coman-Hamilton (Relu Adrian Coman and Others v Inspectoratul General pentru Imigrări and Others). Continue reading “LGBT & EU Legislation: An Overview of the Recent Developments” →

European Arrest Warrant & Detention Conditions in EU Member States

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By Giorgia Spolverato

Is the risk of undergoing “inhuman and degrading treatments” enough to refuse the surrender of a prisoner from a European Union country to another?

The Court of Justice of the European Union (CJEU) tried to answer this question on the occasion of the joined cases Aranyosi and Căldăraru.[1] Due to its functions as described in the Treaty on the Functioning of the European Union (TFEU), the CJEU was asked by the Higher Regional Court of Bremen (Germany) to give an interpretation of article 1, paragraph 3 of the European Arrest Warrant Framework Decision (EAW-FD), with a special focus on its compatibility with the prohibition of inhuman and degrading treatment included in the European Charter of Fundamental Rights.[2] This measure was adopted in 2002 by the Council of the European Union to replace the outdated extradition procedure within the EU member states. What is relevant to us is that the new regulation tool is based on the principle of mutual recognition, which is one of the cornerstones of the European Union integration and cooperation process, especially in the fight against international crime.[3] The principle entails a high level of mutual trust among EU member states. In the field of judicial co-operation in criminal matters, it basically means that a decision taken by an authority in one member state may be accepted as it is by another state.[4] However, this supposed “blind trust” among the member states can cause complications in cases where the principle of mutual recognition clashes with other principles; as in the case at stake, the prohibition of inhuman and degrading treatment. Continue reading “European Arrest Warrant & Detention Conditions in EU Member States” →

Has the West forgotten the war in Yemen?

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Ben Krasa

A country on the brink of a famine. With a population of 27 million, 18 million are in need of humanitarian assistance. Three million have been forced to flee their homes. An estimated 10,000 are dead. Serious allegations of violations of international humanitarian law and human rights law have been made. It is one of the biggest humanitarian crises of the twenty-first century. Yet no one is talking about it. The Yemeni war began with a bang, but has quietly slipped through our media. The occasional news report here and there highlights what horrendous times the country is facing and the suffering endured by what is left of its population. But the crisis is largely ignored by the West.

Surprisingly, a politician who has come under intense scrutiny, Boris Johnson, has been the politician to question Saudi Arabia’s motives and actions in the war. Johnson recently criticised Saudi Arabia’s involvement but quickly came under fire by his own party. Despite having personal views that conflict with the party lines, it is evident that the man who gave the US State Department the biggest smile, is indeed one of the few politicians in the West, who is showing leadership. Despite stating that the party’s views do not align with Johnson’s, some Conservative party figures defended him as well as some from the opposition. Unfortunately, the spotlight will shine on the Yemeni war only if public figures will speak out about the horrific events taking place in Yemen. With Saudi money invested in many powerful Western nations, especially in England and the USA, it is a breath of fresh air that not all politicians turn a blind eye to the silently reported catastrophic war in Yemen. Continue reading “Has the West forgotten the war in Yemen?” →

Defending Human Rights? Euroculture Students on the Track of Human Rights In and Outside EU

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Sabine Volk
Yke Wijnker
Edited by Catherine Burkinshaw

In October 2015, Groningen’s first year Euroculture students went on a three-day study excursion to Brussels. Together with our teacher and organizer of the trip, Albert Meijer, we visited EU institutions, namely the European Commission and Parliament, the EU’s Executive Agency for Education, Audiovisual and Culture (EACEA), as well as two independent associations, namely the European Movement, and the European Network Against Racism (ENAR).

 

Seventeen first year Euroculture students visiting the heart of the EU: a lot of fun and Belgian beer. But it also entails enriching discussions with EU officials and lobbyists – this year regarding human rights in and outside EU.   

Studying Europe from an interdisciplinary perspective is amazing: its cultural, societal, and political integration not only appeals to various interests, but is capable of inspiring new interests within students, leading to almost insatiable curiosity. However, one day most of us will have to leave the academic ivory tower and decide on a concrete working field. For this reason, Euroculture Groningen organizes for each first year student group a trip to the perhaps most attractive destination for European studies scholars: Brussels, the permanent seat of several EU institutions, EU related agencies and innumerable lobbying associations. In other words: the heart of the European Union. For three days, seventeen first year Euroculture students explored this vibrant city, wondering which of them would someday end up in the offices of EU officials and lobbyists.

In view of the topic of the upcoming Intensive Program, “Ideals and Ambiguities of Human Rights in Europe, Past and Present,” this year’s trip to Brussels focused on human rights. For the inside perspective, we met the European Network Against Racism. To explore EU human rights policies outside its territory, we conferred with the European External Action Service (EEAS). For everybody participating in the 2016 IP or just interested in human rights issues, we want to share our experience with you. Continue reading “Defending Human Rights? Euroculture Students on the Track of Human Rights In and Outside EU” →