SIM Newsletter Summer 2024, Issue 35
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Resilient Rights - NNHRR Toogdag 2024 |
As human rights scholars, we may have become used - maybe too much so - to seeing the mostly gloomy side of human rights in the world: stories of violations, backsliding, shrinking and pressure. Yet, in spite of all of this, there are reasons for optimism still. To turn our mindset upside down, the theme of this year's Toogdag, the Dutch annual human rights conference, was Resilient
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Rights: Tools for Justice and Inclusion. Participants were invited to take this alternative look at their field, bot just as a thought experiment, but also as an incentive for persevering. 'Toogdag' is the annual flagship event of the Netherlands Network for Human Rights Research, which unites researchers from all law schools in the Netherlands working on human rights. This year's edition took place on 27 June, co-hosted by SIM and Utrecht Law School. A full day of inspiring lectures, presentations and panel discussions, preceded by a workshop for PhD researchers, brought dozens of researchers together across specialisations. With working groups on migration, climate change, new technologies, and business, the Network's 500 members engage across institutions - its vibrancy is a reason for hope itself. I wish all our readers of the SIM Newsletter a good Summer! |
Antoine Buyse, director of SIM |
SIM Peter Baehr Lecture 2024 |
This year, the SIM Peter Baehr lecture took place before Summer, in order to be part of the Toogdag. The annual lecture commemorates both SIM's founding in 1981 as well as the late professor Peter Baehr, former director of SIM. It was delivered by professor Eva Brems, of Ghent University, and entitled - along the lines of the theme of the Toogdag - The State of Human Rights: an Attempt at Optimism. In her enthusing
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and engaging lecture, professor Brems traced not only the different pathways towards optimism in current human rights, but also illustrated this by quotes and thoughts of her colleagues. She argued looking beyond the current dire 'snapshot' of human rights in the world, beyond institutions and outcomes only, and beyond the usual spaces. When doing so, one may see what she called the 'full movie', which includes seeing human rights flourishing in people and processes. The lecture will be published in one of the upcoming issues of the Netherlands Quarterly of Human Rights. |
SIM welcomes Hanneke van Eijken as a new SIM Fellow! She is an expert on EU citizenship, migration, and fundamental rights. Her research focuses on the rights of children (Article 24 CFEU), as well as political rights and equality. Additionally, Hanneke is actively involved in the "Utrecht City of Law and Humans" project, which commemorates 80 years of the Universal Declaration of Human Rights (UDHR). In this project, students conducted research on the impact of the UDHR on the citizens of Utrecht. Hanneke co-organised Festival Europa, providing dialogue and performances on important European themes, such as human rights, migration and sustainability.
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SIM welcomes Viola Bex-Reimert as a new SIM Fellow! She is an associate professor of administrative law at UU and connected to the Montaigne Centre for Rule of Law and Administration of Justice and RENFORCE. There, she is a member of the building block Citizenship and Migration. Viola conducts research on nationality, refugee law and procedural law with a focus on access to justice. Specifically, she has been conducting research on several topics including refugee law, reception conditions of refugees, the use of biometric data in refugee law, human smuggling and trafficking and the influence of (European) migration law on national administrative law. |
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Janneke Gerards: State Counsel at Council of State |
SIM Fellow and board member Janneke Gerards has been appointed as State Counsel [Staatsraad] in the Advisory Division of the Council of State. She will start there in August and will remain connected to UU as professor of fundamental rights for one day a week. Congratulations, Janneke! |
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Hana van Ooijen: Substitute Member at NHRI |
SIM fellow Hana van Ooijen has been appointed as one of the new substitute members of the Dutch NHRI, the College voor de Rechten van de Mens. In that capacity she will use her expertise to be involved with adjudicating complaints on discrimination. Congratulations, Hana! |
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On 16 April, Elif Erken successfully defended her PhD dissertation in the beautiful Senate Hall of Utrecht University. The dissertation is titled 'The procedural participation of non-governmental organisations and national human rights institutions within the European Convention system and beyond: an empirical study'. It is doctrinal, theoretical and practical (including with empirical interview research), and contains a collection of articles, including on comparisons with the Inter-American system and the European Social Charter system. Janneke Gerards and Antoine Buyse were Elif's PhD supervisors. |
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SIM Visitor Aditya Shrivastava |
During June and July, Aditya Shrivastava is a visiting researcher at SIM. Aditya is a German Chancellor Fellow of the Alexander von Humboldt Foundation. Under this fellowship, he is pursuing a comparative analysis of civic freedoms in Europe and India. In his research project, Aditya aims to devise actionable strategies and systemic reforms for civil society resilience in repressive regimes. The project follows a transdisciplinary approach to gain conceptual and experiential understanding of legal, political and social aspects of civic space. |
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On 13-15 March, Brianne McGonigle Leyh took part in Justice Vision’s conference on Victims and Transitional Justice at Ghent University in Belgium, which brought together leading scholars in the field of transitional justice. Increasingly, practitioners are turning to participatory approaches as a promising way to make advances regarding the rights of victims and achieving justice for past serious human rights abuses. However, little is known about how to organize this participation in practice or under which conditions alleged benefits (for individual victims-participants or for society at large) are likely to materialize. Tine Destrooper’s Justice Victims project sought to tackle these questions. Brianne chaired a session on victims and international criminal justice and presented her research on victims and truth commissions in the United States of America. |
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On 26-27 April, the inception workshop for the formation of the Women in Water Diplomacy Network took place in the South Caucasus in Tbilisi, Georgia. Women water experts from across the South Caucasus region took part, sharing knowledge and experiences. The participation of each of these women has already been invaluable. The workshop was a collaborative effort between Roisin Burke, supported by an NWO grant, USAID South Caucasus Regional Water Management Progam, and by experts from the Environmental Law Institute and IHE Delft Institue for Water Education. Now, the next phase in the Network's journey will commence. The goal is to bring together, better support, and empower more and diverse women in water diplomacy in the region at intra-state and transboundary levels, including as an aspect of environmental peacebuilding. |
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On 8th April, the Netherlands Quarterly of Human Rights organised a public online workshop on peer reviewing. The workshop entitled ‘Surviving Peer Review: from Submission to Publication’ aimed to bring academics who regularly review articles and/or sit on the editorial board of the NQHR into conversation with those who are embarking on an academic career. Chaired by Katharine Fortin, Editor-in-Chief of the NQHR, the panel consisted of two members of the journal’s International Board – Anja Mihr and Eleni Pirjatanniemi – and one member of the journal’s Executive Editorial Board, Yvonne Donders. Together, they shared their methods of peer reviewing, the do's and don’ts of writing and submitting academic articles for publication, and other important insights relating to the peer review process, so that attendees could learn how to increase their chances of getting their articles published. |
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Beyond Compliance Consortium |
On 13-15th May, Katharine Fortin took part in the Kick-Off workshop of the Beyond Compliance Consortium at York University. This is is a £5m co-created academic-practitioner consortium funded by the British Foreign, Commonwealth and Development Office. Katharine Fortin is one of the Co-Investigators of this project which involves three universities – York University, Glasgow University and Utrecht University – and six NGOs working in armed conflict areas on issues of civilian protection or international humanitarian law. Using mixed qualitative and quantitative research, this project is studying experiences of civilian harm and humanitarian need across nine case study countries with a combination of qualitative and quantitative methods. On 15th May, Katharine took part in the public launch of the project, which involved presentations from different members of the Consortium on the project’s approach and scope. |
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On 16 November, Felisa Tibbitts was the discussant for an Indigenous Studies Seminar at Columbia University, commenting on Dr. Romina Quezada-Morales’ paper on the Indigenous Navigator, an online tool for promoting application of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) in development projects. Tibbitts proposed that the human rights-based approach and related human rights education supports well bottom-up, beneficiary-centered development efforts, including those organized with and for Indigenous peoples and vulnerable groups. |
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Felisa Tibbitts presented her research on connections between schooling and youth activism for Utrecht University’s Futures of Democracy platform (part of IOS) on 18 April. This year the seminar series’ theme concerns “Teaching Democracy.” Her research highlights the importance of creating spaces within educational environments for learners to explore political and social issues of personal interest. Positive, dialogical relations with instructors and peers are instrumental for clarification of personal views and taking action. |
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Together with PhD candidate Dona Anyona, Julie Fraser presented at the launch of the Utrecht Centre for Bioethics collaboration with the World Health Organization entitled 'Health equity for everyone, everywhere.’ Julie and Dona presented their research on the health implications of climate change for women and girls around the world. |
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Non-Discrimination & Migrants
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On 27-28 May, Karin de Vries participated in a workshop on 'Socio-Economic Rights and Non-Discrimination at the Intersection of the Market, the Border, and the Welfare State', which was held at Lund University in Sweden. She discussed the possibilities for non-discrimination law to better protect the socio-economic rights of migrants. |
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On 28th May, Katharine Fortin took part in a panel entitled ‘Domicide: The Killing of Home’ orgnanised by De Dependance in Rotterdam. The event was organized to present Ammar Azzouz's book, the acclaimed 'Domicide: Architecture, War, and the Destruction of Home in Syria'. In this book, Azzouz draws on the pain inflicted on his hometown of Homs, Syria, offering a blueprint for other urban areas of conflict across the world. The panel included Katharine Fortin bringing in an international law discussion of the crime of ‘domicide’ and Omar Ferwati, Head of Research Management at Forensic Architecture, a multidisciplinary research group based at Goldsmiths, University of London. |
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On 10th June, Katharine Fortin chaired an online workshop on Board Games and Education run by the Games and International Law Teaching (GILT) network. The event showcased four board games developed by academics across different areas of law and different disciplines. Helen Hall, Jane Mair, Jan Grzymski and Malgorzata Kozak presented their respective board games: ‘A Brave New World’, 'Legally Wed', 'How to Win Brexit' and a modified version of monopoly. The GILT network was set up in 2023 by Katharine Fortin, Sally Thin and Rebecca Sutton. It provides a network for teachers interested in using games in the classroom. If you are interested, please send an email to gamesintlawnetwork@gmail.com. |
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Hertie Fundamental Rights Centre |
In April, Antoine Buyse participated in the assessment of the Centre for Fundamental Rights of Hertie School in Berlin, as part of an international committee. The Hertie School is a private, independent graduate school for governance which attracts many internationals. The committee that Antoine took part in assessed the research, teaching and impact of the Centre for Fundamental Rights |
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On 29 April, Julie Fraser hosted a seminar for the IOS Platform on Fair Transitions entitled 'Rethinking the Margins'. Dr Susanne Knittel presented her research on ’Staging Ecocide’, which is "not just a legal or political problem, but it is also a problem of the imagination. What kind of stories need to be told, what kinds of justice are we seeking, and what are the spaces (legal, political, cultural) where such justice can happen?” Dr Luisa Netto from Leiden University provided vital reflections on the topic as discussant. |
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College of Europe Conference |
On 7 March 2024, Janneke Gerards, Elif Erken and Kushtrim Istrefi presented at the Conference 'Activating the Protection of Fundamental and Human Rights at European Level' which took place at the College of Europe on 7 and 8 March. The Conference was kicked off by the President of the European Court of Human Rights, and featured other presentations by judges and leading experts on human rights in Europe. Janneke, Elif and Kushtrim presented on access to justice, admissibility, pilot procedure and advisory opinions of the European Court of Human Rights. |
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Antoine Buyse and Kushtrim Istrefi organized and chaired the webinar 'Climate Change in Strasbourg: the recent cases at the European Court of Human Rights'. The webinar provided the first venue to discuss the recent rulings of the European Court of Human Rights. A group of experts in the field - Ole Pedersen, Margaretha Wewerinke-Singh and Gerry Liston discussed issues of admissibility, jurisdicion, positive obligations, remedies, and wider repercussions of the cases in and beyond Strasbourg. |
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On 5 March, Tina Stavrinaki organized with the UN a regional consultation on racial discrimination in the enjoyment of the right to health. The consultation aimed to facilitate a discussion and an exchange among various stakeholders in Europe, North America, the Caribbean and English-speaking countries in Africa, in particular civil society organisations, national human rights institutions, health professionals’ associations, and academics to comment and contribute to the draft General Recommendation No. 37 on racial discrimination in the enjoyment of the right to health. |
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On 24 May, in the context of a workshop organised at the Católica Global School of Law (Lisbon) on the occasion of the publication of the book ‘Redressing Fundamental Rights Violations by the EU: The Promise of the ‘Complete System of Remedies’ (Cambridge University Press, May 2024), which was edited by Melanie Fink, Salvo Nicolosi contributed with a pitch on the connection between the right to an effective remedy and the right to a good administration under the EU Charter of Fundamental Rights.
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Decolonizing Partnerships
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On 15 February, Felisa Tibbitts participated in a panel discussion “Decolonizing Partnerships” organized by the Canadian human rights education organization Equitas. On this panel she presented considerations and strategies for addressing power imbalances between universities and partners in the community and global south.
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Salvo Nicolosi and Türkan Ertuna Lagrand presented a paper at the annual conference of the Refugee Law Initiative which took place at the University of London from 3 to 5 June, drawing from a blogpost on ‘Rethinking Gender-Based Asylum: A Look at the Advocate General’s Opinion on Women Fleeing the Taliban’ published in EU Law Analysis Blog.
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Transitional Justice in the USA |
On 15 April, Brianne McGonigle Leyh gave a talk at Queen’s University Belfast on her upcoming book on transitional justice in the United States of America. Transitional justice is field of scholarship and practice that addresses how societies deal with massive human rights violations. Brianne’s talk focused on the increasing number of truth commissions and reparation programs taking place at sub-national levels across the US and the differing roles played by civil society actors in these processes. Later she recorded a podcast on this topic for LawPod, which can be found here. |
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Register of Damage for Ukraine |
On 29 May 2024, Kushtrim Istrefi presented at the Asser Institute’s event The Register of Damage: Towards Reparations for Victims?. Kushtrim’s presentation focused on the role (pros and some challenges) of the Council of Europe in setting up the Register of Damage and the future International Claims Commission, and how the European Court of Human Rights case-law (on sanctions) and enforcement (through claims commission) come into play.
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Human Rights Acountability |
On 16 May, Utrecht University hosted the SIM-UCALL workshop on the Human Rights Accountability of Non-Universally Recognised States and State-Like Entities. This event was co-organised by Kushtrim Istrefi, who also chaired a panel. He is currently involved in editing a volume based on workshop proceedings. |
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Biometrics & Armed Forces |
On 7 May, Kushtrim Istrefi presented at the conference the Law Applicable to the Use of Biometrics by Armed Forces in Tallinn. The conference was organized by the University of Amsterdam and NATO CDCCE. His presentation focused on Biometric Data in targeting operations and the ECHR. |
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At the end of June, the 100th meeting of the Steering Committee on Human Rights (CDDH) of the Council of Europe took place, for once outside Strasbourg: in Helsinki, Finland. Within the meeting for government representatives, a small conference on the protection and promotion of civil society space in Europe took place. Antoine Buyse chaired the panel on 'challenges', in which several representatives from civil society addressed the states. |
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Greening Curriculum Guidance |
Felisa Tibbitts was the lead author for UNESCO’s Greening Curriculum Guidance, which is UNESCO’s effort to promote climate change education in a cross-disciplinary manner in schools, higher education institutions and in the non-formal education sector. Felisa participated on a virtual panel to launch the resource on 5 June. The Guidance can be found here. |
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Draft General Recommendation |
During its 112th session, Tina Stavrinaki submitted a second draft General Recommendation No. 37 to the UN Committee on the Elimination of Racial Discrimination (CERD). The Committee has adopted the second draft. The adoption of the General Recommendation No. 37 to CERD will be finalized during its 113th session.
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Global Justice Investigations
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On 16 April, Brianne McGonigle Leyh spoke at Queen’s University Belfast on the role of universities in contributing to the goals of global justice. She focused on UU's Global Justice Investigations Lab, which she leads, and how digital open-source investigation skills are equipping students with the tools needed to collect, verify, and analyze online material. She explained how the students work together with an interdisciplinary team of teachers and with societal partners (such as Airwars and Bellingcat) on global justice projects. |
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Kosovo in the Council of Europe |
On 16 April, the Parliamentary Assembly of the Council of Europe, in its statutory opinion found that Kosovo fulfills all requirements to become a new member state of the Council of Europe and invited the Committee of Ministers to invite Kosovo to join the Organisation. On 31 May, Kushtrim Istrefi gave an interview to Voice of America to explain the process of admission of Kosovo to the Council of Europe. Since 2022, Kushtrim has served as Kosovo’s chief legal advisor on accession to the Council of Europe. |
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Fullbright Specialist Fellowship |
Felisa Tibbitts has received a Fulbright Specialist Fellowship and will be based in Oslo at the European Wergeland Centre during the month of September to strengthen the integration of education for sustainable development/climate change education within their teacher training curriculum. The EWC is a resource center on education for human rights and democratic citizenship and was co-founded by the Council of Europe and the Norwegian government in 2008. |
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Anneloes Kuiper has been appointed by the International Law Association (ILA) as a member of the ILA-Committee on ‘Business & Human Rights’. As part of the committee, she will spend the next few years studying and analysing developments in international, transnational and domestic legal systems regarding the human rights obligations of states and companies, as well as access to (national) remedies for victims of human rights violations by corporations.
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Migration Deals Dutch House of Representatives |
On 24 April 2024, Salvo Nicolosi intervened as an Invited Speaker in the Roundtable of the Dutch House of Representatives (Committee for Justice and Security) to render an opinion on the feasibility of Migration Deals. |
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Interview on Climate Change Rulings |
Following the historic rulings of the European Court of Human Rights on climate change cases, on 9 April, Kushtrim Istrefi gave a live interview for Al-Jazeera news to explain the findings of the Court and societal relevance of these rulings.
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Interview on Recognition of Palestine |
On 28 May, Kushtrim Istrefi was interviewed by Reuters to explain the recognition of Palestine by Spain, Ireland and Norway. His work has also been cited in Reuters’ lead article on the topic. |
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Podcast on Conservative Politics and the Rule of Law |
Karin de Vries recorded a podcast with Viola Bex-Reimert and host Leens van Kessel on the connection between human rights, conservative politics, and the rule of law.
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In April, the meetup between staff of SIM and the Netherlands Institute for Human Rights (NHRI) took place in the beautiful Bartholomeus Gasthuis, an elderly home dating back to the Middle Ages. During the exchange of ideas, Alexandra Timmer introduced the theme of discrimination, Miriam Kullmann addressed social rights and an adequate level of existence, and Elif Erken talked about human rights experts and bodies under pressure. The meetup is part of the structural collaboration between SIM and the Dutch NHRI.
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On 20 March, the annual 'Meet the Professor' initiative of Utrecht University took place, in which more than a hundred professors visited and taught at primary schools in and around the city. Antoine Buyse went to primary school 'de Fakkel' and discussed human rights with the children. They also did a mini moot court on 'the man with the stinky feet'. |
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On 5 June, URIOS, the law school's study association on European and international law organised an evening seminar on climate change and biodiversity. Among speakers from climate sciences, the World Wildlife Fund, and other academics, Antoine Buyse discussed the recent climate change rulings from the European Court of Human Rights.
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Lorena Sosa and Karin de Vries have been awarded a teaching innovation grant to develop a ‘Data Driven Equality Lab’ (DDEL). The lab aims to offer a form of clinical education whereby students from different disciplinary backgrounds will work together with stakeholders to collect evidence of forms of structural discrimination. |
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Letizia Gianformaggio Chair |
Alexandra Timmer has been invited by the Department of Law of the University of Ferrara to hold the Letizia Gianformaggio Chair during the spring semester of 2025. Alexandra will be teaching a course on 'Equality and Non-Discrimination: Concepts and Challenges' in Ferrara.
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Helga Pederson Moot Court Competition Finals |
In the week of 27 May, Utrecht University students of Public International Law Master programme participated in the final rounds of Helga Pedersen Moot Court Competition in Strasbourg. The Competition is a simulation of a case before the European Court of Human Rights. The team is composed of Gaia Zaboli, Sophie Finegan, Adrea Di Maio and Paula Rodriguez Padilla, and is coached by Matilda Rados and Kushtrim Istrefi. The team already ranked 3 in the Regional Rounds, and had an excellent performance at the final rounds in Strasbourg. |
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Interdisciplinary Learning and Teaching Conference |
From 20-22 March, Brianne McGonigle Leyh took part in the University of Manchester’s conference on Interdisciplinary Learning and Teaching. The conference brought together educators from around the world. Together with other members of the Utrecht Young Academy, Brianne presented their special issue from the Journal of Interdisciplinary Studies in Education on interdisciplinary teaching and travelling concepts. For those interested in learning more about interdisciplinarity and travelling concepts, the special issue can be found here.
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Felisa Tibbitts was a speaker for the online Global Campus/UN Office of the High Commissioner-sponsored seminar Human Rights Education in Higher Education: Pathways for Youth Empowerment, which took place on 13 December. Felisa addressed the topic of higher education institutions and their role in promoting community among human rights educators.
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On 10 May, Utrecht University students of the Master Public International Law, accompanied by Kushtrim Istrefi, visited the International Court of Justice and the Organisation for the Prohibition of Chemical Weapons in The Hague. This was an excellent opportunity for students to engage with the staff of ICJ and OPCW about their important work in the field of international justice and peace.
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On 12th April, Katharine Fortin took part in the jury of the PhD dissertation by Jolanda Andela at Erasmus School of Law. The PhD is entitled 'Food Prints on Core Crime Provisions: Conflict-driven starvation triggering individual criminal responsibility' and was supervised by Kristin Henrard, Alessandra Arcuri, and co-supervisor, Hanne Cuyckens. Well done Jolanda for a very strong defence!
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On 4 March, Antoine Buyse again delivered a full day course, in collaboration with two fellow teachers from the judiciary, on the European Court of Human Rights. The course is part of the professional career-long training judges receive through the Dutch training centre for the judiciary (SSR).
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On 5 June, Katharine Fortin gave a guest lecture on ‘war crimes’ at the 18th Annual Summer Law Programme on International Criminal Law and International Legal & Comparative Approaches to Counter-Terrorism, which was run by The Asser Institute and the War Crimes Research Office of American University’s Washington College of Law. |
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The European Equality Law Network |
Over the past 20 years, UU has successfully managed the gender equality strand of the European Equality Law Network, which counts among the biggest projects managed at the Law School. The current coordination team consists of Linda Senden, Franka van Hoof, Alexandra Timmer and Birte Böök. The Network consists of legal experts from 36 European states who gather independent expert information on legislation, case law and national developments to support the European Commission in fulfilling its role as guardian of the treaties, responding to new challenges and setting agendas for law- and policy-making in the field of gender equality and non-discrimination. |
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On International Women’s day, the European Equality Law Network published its second report on the transposition of the Work-life Balance Directive in EU Member States. The findings of the report are essential for the European Commission who has, based on these outcomes, taken formal steps against those countries that have not entirely transposed the Directive within the given deadline. |
Netherlands Quarterly of Human Rights |
| March 2024, Vol. 42 No. 1 |
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Naema Tahir, 'Exploring arranged marriage: Breaking biased frames and uncovering a much misunderstood marital institution’ in R. Probert and S. Thompson (eds.), Research Handbook on Marriage, Cohabitation and the Law (Edward Edgar 2024). |
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Brianne McGonigle Leyh, ‘Little to gain and too much to lose. The importance of internationalization in Dutch legal education’, Ars Aequi (2024)
Felisa Tibbitts, Revitalizing the mission of higher education through a human rights-based approach', Prospects (2023)
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Julie Fraser, Firdes Shevket and Tina Stavrinaki, A Prescription for Disaster: Racial Discrimination in the context of the Right to Health, 16 May 2024 (Human Rights Here)
Antoine Buyse and Kushtrim Istrefi, Climate Cases Decided Today: Small Step or Huge Leap?, 9 April 2024 (ECHR Blog)
Raphael Van Steenberghe and Jérôme de Hemptinne, ICC Prosecutor’s application for arrest warrant against Israeli leaders: The war crime of starvation and its contextual element, 4 June 2024 (EJIL: Talk!)
Türkan Ertuna Lagrand and Salvo Nicolosi, A Further Step to Gender-Sensitive EU Asylum Law: The Case of ‘Westernised Women’, 13 June 2024 (EU Law Analysis)
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Jérôme de Hemptinne, The Involvement of Supporting States in International Armed Conflicts, A Practical Approach, 11 June 2024 (Opinio Juris)
Karin de Vries, The ECtHR Advances the Battle against Racial Profiling in Wa Baile c. Suisse, 6 March 2024 (Verfassungsblog)
Jérôme de Hemptinne, Does it Make Sense to Promote the Application of International Criminal Law to Animals? If Yes, Why and How?, 29 May 2024 (EJIL: Talk!)
Jérôme de Hemptinne and Luigi Prosperi, Prosecuting Ecocide Before the International Criminal Court: Concrete Possibility or Long-Term Aspiration? (Part 1), 25 May 2024 (Pathways to Sustainability)
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