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Access to legal remedies for victims of corporate human rights abuses in third countries

01-02-2019

European-based multinational corporations can cause or be complicit in human rights abuses in third countries. Victims of corporate human rights abuses frequently face many hurdles when attempting to hold corporations to account in their own country. Against this backdrop, judicial mechanisms have increasingly been relied on to bring legal proceedings in the home States of the corporations. This study attempts to map out all relevant cases (35 in total) filed in Member States of the European Union ...

European-based multinational corporations can cause or be complicit in human rights abuses in third countries. Victims of corporate human rights abuses frequently face many hurdles when attempting to hold corporations to account in their own country. Against this backdrop, judicial mechanisms have increasingly been relied on to bring legal proceedings in the home States of the corporations. This study attempts to map out all relevant cases (35 in total) filed in Member States of the European Union on the basis of alleged corporate human rights abuses in third countries. It also provides an in-depth analysis of 12 cases and identifies various obstacles (legal, procedural and practical) faced by claimants in accessing legal remedy. On the basis of these findings, it makes a number of recommendations to the EU institutions in order to improve access to legal remedies in the EU for victims of human rights abuses by European based companies in third countries.

Externí autor

Dr. Axel Marx, Dr. Claire Bright, Prof. Dr. Jan Wouters, Ms. Nina Pineau, Mr. Brecht Lein, Mr. Torbjörn Schiebe, Ms. Johanna Wagner, Ms. Evelien Wauter

Domestic Sexual Abuse of Girls

19-11-2018

This study was commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the FEMM Committee. The study provides a definition and conceptual model of domestic sexual abuse of girls, as well as analyses of prevalence and risk factors across the EU. It goes on to review policies and actions to address domestic sexual abuse of girls at the EU and Member State levels, and sets out case studies of four countries. It ends by providing recommendations ...

This study was commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the FEMM Committee. The study provides a definition and conceptual model of domestic sexual abuse of girls, as well as analyses of prevalence and risk factors across the EU. It goes on to review policies and actions to address domestic sexual abuse of girls at the EU and Member State levels, and sets out case studies of four countries. It ends by providing recommendations for Member States and EU institutions.

Externí autor

Katie MCCRACKEN, Dr Ana FITZSIMONS, Sergio MARQUEZ, Małgorzata DRUCIAREK (Opcit Research), Prof Michelle LEFEVRE (University of Sussex)

European Protection Order Directive 2011/99/EU

28-09-2017

Directive 2011/99/EU on the European Protection Order establishes a mechanism for the mutual recognition of protection measures for victims of crime. This study examines the implementation of the Directive and analyses the practices of the Member States in this area. It identifies specific challenges and deficiencies that help to explain why this EU instrument is very rarely used. The assessment has been produced to support the implementation report being prepared on the subject by the European Parliament's ...

Directive 2011/99/EU on the European Protection Order establishes a mechanism for the mutual recognition of protection measures for victims of crime. This study examines the implementation of the Directive and analyses the practices of the Member States in this area. It identifies specific challenges and deficiencies that help to explain why this EU instrument is very rarely used. The assessment has been produced to support the implementation report being prepared on the subject by the European Parliament's Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women’s Rights and Gender Equality.

How can the EU and the Member States better help victims of terrorism?

12-09-2017

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, presents a glimpse into the international and selected national responses to the raising global threat of terrorism and the consequent increase in victimisation. The study is based on the research conducted on legislation and policy responses to the needs of victims of terrorism in Belgium, France, Germany, Hungary, Spain and the United Kingdom ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, presents a glimpse into the international and selected national responses to the raising global threat of terrorism and the consequent increase in victimisation. The study is based on the research conducted on legislation and policy responses to the needs of victims of terrorism in Belgium, France, Germany, Hungary, Spain and the United Kingdom. The research and findings focus on the two main EU instruments in this field: the Victims’ Rights Directive and the Directive on Combating Terrorism. Based on the findings of adequacy of response to the victims’ needs, the study proposes a set of recommendations for the EU and the Member States legislative and policy response to better ensure the needs of victims of terrorism are well taken care of.

Externí autor

Aleksandra IVANKOVIĆ, Victim Support Europe (VSE), Brussels Belgium ; Levent ALTAN, Victim Support Europe (VSE), Brussels, Belgium ; An VERELST, Victim Support Europe (VSE), Brussels, Belgium ; Under the coordination of the European Institute of Public Administration (EIPA), Luxembourg (Petra JENEY)

Human Rights in Iran after the Nuclear Deal Business as Usual or Time for Change?

13-03-2017

This report summarises the proceedings of a workshop organised jointly by the European Parliament’s Subcommittee on Human Rights (DROI) and the Delegation for relations with Iran (D-IR). The purpose of the workshop was to analyse the most recent developments regarding human rights in Iran since the Joint Comprehensive Plan of Action (JCPOA) was signed in July 2015 and to explore the options available to the EU in seeking to help improve the situation. Experts and human rights defenders pointed to ...

This report summarises the proceedings of a workshop organised jointly by the European Parliament’s Subcommittee on Human Rights (DROI) and the Delegation for relations with Iran (D-IR). The purpose of the workshop was to analyse the most recent developments regarding human rights in Iran since the Joint Comprehensive Plan of Action (JCPOA) was signed in July 2015 and to explore the options available to the EU in seeking to help improve the situation. Experts and human rights defenders pointed to the gaps between law and practice in Iran and raised continuing concerns about the death penalty, political prisoners, prison conditions, arrests of dual nationals, minority rights and restrictions to internet access. They identified Iran’s dual power structure of elected and non-elected institutions and corruption as some of the chief constraints to any reform efforts. They said the EU should keep human rights — including support for the relevant UN mechanisms and efforts — high on its agenda. They said the key factors for engaging successfully with Iran on human rights in future were clear criteria and benchmarks, detailed knowledge of the human rights issues at stake and interaction with Iranian civil society both inside and outside Iran.

Externí autor

Firouzeh NAHAVANDI (Université Libre de Bruxelles, Belgium - chapter 2.1) ; Nazila GHANEA (University of Oxford, the UK - chapter 2.2) and Giulia BONACQUISTI (Trans European Policy Studies Association - TEPSA, Belgium - workshop report)

Peru: Human rights situation

14-02-2017

Although Peru has ratified most international human rights instruments, there remain some serious problems, such as violent repression of civil demonstrations, attacks on journalists, corruption and impunity, and even torture. However, significant measures have been taken to tackle violence against women and sexual minorities.

Although Peru has ratified most international human rights instruments, there remain some serious problems, such as violent repression of civil demonstrations, attacks on journalists, corruption and impunity, and even torture. However, significant measures have been taken to tackle violence against women and sexual minorities.

Human rights in the Philippines

17-01-2017

Since mid-2016, President Rodrigo Duterte's controversial war on drugs has triggered a wave of extrajudicial killings. The current violence reflects longer-term problems, such as high crime rates and a dysfunctional justice system. However, there are still many areas, such as freedom of expression and gender equality, where the Philippines does better than most other Asian countries.

Since mid-2016, President Rodrigo Duterte's controversial war on drugs has triggered a wave of extrajudicial killings. The current violence reflects longer-term problems, such as high crime rates and a dysfunctional justice system. However, there are still many areas, such as freedom of expression and gender equality, where the Philippines does better than most other Asian countries.

The European Law Institute/UNIDROIT Civil Procedure Projects as a Soft Law Tool to Resolve Conflicts of Law

13-01-2017

Upon request by the JURI Committee this paper describes the European Law Institute/UNIDROIT Project for a text establishing Principles of Transnational Civil Procedure and subsequent efforts to establish a European set of procedures that would transcend national jurisdictional rules and facilitate the resolution of disputes arising from transnational commercial transactions. It is a rolling programme of rules, with comments designed to produce soft-law.

Upon request by the JURI Committee this paper describes the European Law Institute/UNIDROIT Project for a text establishing Principles of Transnational Civil Procedure and subsequent efforts to establish a European set of procedures that would transcend national jurisdictional rules and facilitate the resolution of disputes arising from transnational commercial transactions. It is a rolling programme of rules, with comments designed to produce soft-law.

Human rights in Nigeria

09-03-2016

Despite its democratic progress, Nigeria's human rights situation remains problematic. The most egregious violations occur in the context of the internal fight against the Boko Haram insurgency. Other widespread patterns of human rights violations relate mainly to weak rule of law and an intricate legal system, impunity of security forces, and discriminatory social practices.

Despite its democratic progress, Nigeria's human rights situation remains problematic. The most egregious violations occur in the context of the internal fight against the Boko Haram insurgency. Other widespread patterns of human rights violations relate mainly to weak rule of law and an intricate legal system, impunity of security forces, and discriminatory social practices.

Procedural safeguards for children suspected or accused in criminal proceedings

01-03-2016

In 2013 the Commission proposed a directive protecting the rights of children in criminal proceedings, following the 2009 Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings, as well as the 2011 EU Agenda for the Rights of the Child.

In 2013 the Commission proposed a directive protecting the rights of children in criminal proceedings, following the 2009 Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings, as well as the 2011 EU Agenda for the Rights of the Child.

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