Basque Separatist Group ETA Lowered Its Weapons 10 Years Ago. Has Reconciliation Truly Happened?

For too long, Basque society remained petrified and silent

Screenshot of YouTube/BBC video depicting footage of ETA members putting ‘arms beyond use’ in October 2011.

Ten years ago, on October 20, 2011, the Basque armed group ETA (Euskadi Ta Askatasuna, “Basque Country and Freedom”) finally declared “a definitive cessation of its armed activity.” This was what Basque and Spanish societies had long been waiting for.

It would take them until 2018 to formalise their dissolution, but October 20 is marked in the calendar as a day of liberation, especially for those whose lives were at risk. The Basque Country was finally going to have the chance to become a free and “normal” society like any other.

Jesús Eguiguren, one of the tallest figures in Basque politics in recent decades, was also relieved. Days after ETA’s much-awaited declaration, when asked what normality would mean to him, he said: “For me, it means the freedom to eat pintxos in the Old Town” of Donostia-San Sebastian, my hometown. Because of being directly threatened by ETA for his political opposition to Basque independence, the old town had been a no-go area for Eguiguren, but also for thousands more.

ETA was formed in 1959, during the Franco era, with the goal of seeking self-determination and independence for the Basque Country. Since the late 1960s, ETA was responsible for more than 850 deaths in the Basque Country and other parts of Spain. This figure underestimates the pervasive sense of fear caused by ETA and its supporters. In the last 15 years of their existence, ETA, through extortion and threats, specifically targeted politicians, academics, police officers, journalists, and civil servants who disagreed with their totalitarian agenda. Approximately 3,300 men and women were forced to live with police escorts.

The Basque Country is a region with a strong national identity divided between the north of Spain and the southwest of France. With fewer than three million inhabitants, it’s hard not to have known someone who paid a high price for being who they were, sometimes the highest of all prices—their life. In my case, this included a primary schoolmate, whose father—a police officer—was killed by the armed group; a teacher in the same primary school whose husband, a journalist, was murdered; a sport’s teammate’s father, who reluctantly moved to Madrid after receiving serious threats; one of my university professors, and my friend and former boss, the Basque parliament’s high commissioner for human rights between 2004 and 2014, Iñigo Lamarca, whose name appeared in one of ETA’s hit lists.

A lot has changed in the Basque Country in the past 10 years. Nobody’s life is at risk as a result of their politics, and that is no mean feat. My nephew and nieces, who are 11 years old, are blissfully unaware of the environment of low-intensity violence that permeated society up to a decade ago.

Basque society is still working out a public memory about that time. Victims of ETA’s violence have received recognition from public institutions, but social recognition has been much slower, and more timid. In towns and communities where Basque independence was the preferred political choice, ETA suspects were often treated like heroes. At the same time, credible reports of police torture were systematically dismissed by the Spanish government, tarnishing the public image of the State and its institutions. Despite multiple reports from independent investigators and international human rights bodies, the official line was, and largely remains, that the torture allegations against the police were simply lies spread by terrorists—ETA members.

Spanish public authorities and a sizeable majority in Spanish society have a long way to go to recognise that torture and ill-treatment were an obnoxious part of the anti-terrorist strategy in the 1980s, 90s and 2000s. As I explain in my new book Spain and its Achilles’ Heels: The Strong Foundations of a Country’s Weaknesses, these practices harmed the credibility of the police as a fully democratic institution and made life even more difficult for the officers who respected the rule of law.

In the 2000s, ETA was being cornered by the police, but the decline in popular support was a key reason why the group stopped their violence for good in 2011. In previous decades, ETA benefited from long periods of silence of large parts of Basque society who believed their discretion would keep them away from the attention of ETA and their informers. Outstanding exceptions must be noted, including the case of “Gesto Por la Paz” (“Gesture for Peace”), an organisation that convened silent rallies the day after each murder and on a weekly basis for 25 years, starting in 1986. It was a modest gesture that, nonetheless, required a large dose of bravery.

Over time, Basque society empowered itself to make it clear that ETA did not represent them. The sociological statistical survey of the Basque Country shows that fewer than 25 per cent of people totally rejected ETA in 1981, but that number went up to 60 per cent by 2000 and remained at that level for 10 more years, while ideological support for ETA was minimal in the 2000s (around 1-3 per cent).

The Basque Country has changed substantially for the better in a new spirit of calm, peace and rediscovered freedom. More time will be needed, however, to strengthen bridges and walk decisively towards reconciliation. Police officers, bodyguards, journalists and politicians were unjustly killed, and for too long the Basque society remained petrified.

In shifting public perception in Spain, a new film can potentially make a difference: Maixabel dramatizes the true story of Maixabel Lasa, a brave activist for peace, memory and reconciliation, whose husband was killed by ETA in 2000. A few years ago, Maixabel met face-to-face with the man who killed her husband. The killer had distanced himself from ETA in a difficult process of atonement.

Maixabel Lasa’s testimony is one of a handful of conversations during the last decade between ETA victims and repentant ETA members. Most of these meetings were held in private, but some of the participants are talking about their experience in schools, and conveying their emotions at other public events.

Other events have brought together victims of ETA, victims of GAL (state-sponsored terrorism of the 1980s), as well as victims of police torture. Also, pro-independence politicians have apologised for the damage they caused through their decades-long complicit silence.

Working out the past in a plural, inclusive and respectful way will take time, and the Basque Country only recently got rid of ETA’s yoke. Historical memory is a powerful reminder that freedom should not be taken for granted.

As my mum once said to me when talking about Basque peace and reconciliation, it’s shocking how quickly one gets used to normality, when people are not killed for their ideas.


This piece first appeared on Global Voices and is reproduced on our ELR blog under a Creative Commons Licence. The original post can be accessed here.

The Ecology of War and Peace: Marginalising Slow and Structural Violence in International Law

Photo by Sergio Torres

Dr. Eliana Cusato, who is currently appointed as a Marie Skłodowska-Curie postdoctoral fellow at the Amsterdam Center for International Law, authored a new book titled The Ecology of War and Peace: Marginalising Slow and Structural Violence in International Law. Her book was published by Cambridge University Press in September 2021.

The interrelation of ecology and conflict has been the object of extensive study by political scientists and economists. From the contribution of natural resource ‘scarcity’ to violent unrest and possibly armed conflict; to resource ‘abundance’ as an incentive for initiating and prolonging armed struggles; to dysfunctional resource management and environmental degradation as an obstacle to peacebuilding, this literature has exerted a huge influence upon academic discussions and legal/policy developments.

While international law is often invoked as the solution to the socio-environmental challenges faced by conflict-affected countries, its relationship with the ecology of war and peace remains undertheorized. Drawing upon environmental justice perspectives and other theoretical traditions, the book unpacks and problematizes some of the assumptions that underlie the legal field.

Through an analysis of the practice of international courts, the United Nations Security Council, and truth commissions, the book shows how international law silences and even normalizes forms of structural and slow environmental violence (notably, uneven access and distribution of natural resources; less visible forms of violence associated with the environmental aftermath of wars).

This, in turn, jeopardizes the prospects of creating more peaceful societies, while perpetuating deeply rooted inequalities. Ultimately, the book urges us to imagine entirely different legal notions of justice, peace, and security in times of ecological disruption.

By drawing upon extra-legal fields of inquiry (e.g., the literature on environmental security, the political economy of civil wars, the resource curse, and environmental peacebuilding), the book strives to refine extant understandings of how international law conceptualizes and regulates the ‘environment’ before, during, and after armed conflict.

By engaging with some of the international legal order’s most pressing concerns – rising intra-state violence, environmental degradation, resource depletion, and their interaction – the book opens intellectual spaces for rethinking current approaches to the ecological challenges of our hyperconnected world and their adverse impact on the most marginalized peoples. As such, it offers a critical companion work to related titles and, at the same time, pushes the research envelope further and in new directions.

E Cusato, The Ecology of War and Peace: Marginalising Slow and Structural Violence in International Law (CUP 2021)

The book will be of interest to academics and students across different disciplines, primarily international law, but also peace and conflict studies, political theory, and international relations. It will also prove useful as a reference for policymakers and practitioners working at the intersection of environmental issues, human rights, and peace and security within international organisations/tribunals, governmental departments, think thanks, and NGOs.


Dr. Eliana Cusato is currently on academic leave from the Essex Law School.

Chile’s Constitutional Moment is an Opportunity to Enhance Social Rights

To do justice to such an ambitious goal, the Chilean process should not leave anyone behind. This is a historic occasion to make the case for social rights.

A Chilean man casts his vote at the National Stadium in Santiago (Chile) in October 2020. The more than 2,700 voting centers enabled in Chile for the historic constitutional plebiscite where about 14.8 million Chileans decided at the polls that they wanted to replace the current Magna Carta, inherited from the dictatorship of Augusto Pinochet (1973-1990), and which body should draft the new text, a vote that is considered the more important since the return to democracy. EFE/Alberto Valdés

By Dr. Koldo Casla, Lecturer in Law, University of Essex

In October 2019, a series of protests against public transport fare increases in Santiago unveiled serious cracks in Chile’s economic and social model. “It’s not 30 pesos ($0.40), it’s 30 years,” screamed many of the demonstrators, three decades since the end of Pinochet’s dictatorship. While new leaders have been democratically elected in the last three decades, the socio-economic pillars that underpinned the military regime remained intact. Until now.

The popular protests caught the Chilean political and economic establishment off-guard. Only when the government, opposition, and civil society agreed to initiate a process to reform the 1980 constitution did things calm down, and they were able to find a way forward.

A referendum in October 2020, in the midst of the COVID-19 pandemic, confirmed Chileans’ determination to elect a new convention in charge of writing a new constitution for the country. Representatives were elected in May 2021, and the convention began its proceedings in July. It is the first constituent assembly with guaranteed parity between men and women, as well as minimum guaranteed representation for Indigenous people. The president of the constitutional convention is Elisa Loncón, an academic of  Mapuche descent who was born into poverty.

Neoliberalism’s first theatre of operations in the 1970s, Chile now is experiencing a moment of hope and potential transformation. A significant number of the 155 representatives elected to the constitutional convention pledged to support strong social services, greater equality, and labor rights. Chile has the opportunity to take social rights seriously in this exciting new political process.

Pinochet’s regime adopted the 1980 constitution as an attempt to provide a veneer of legitimacy to the dictatorship. Still in force today, and despite multiple reforms, the constitution contains a number of difficult procedural requirements, such as preventive constitutionality control by the constitutional court, or supermajority requirements in both chambers, particularly insurmountable with the anti-proportional electoral system in place until 2018. These authoritarian enclaves made it difficult when not impossible for left-leaning governments to bring about law and policy changes, let alone progressive constitutional amendments.

The 1980 constitution is also the embodiment of the neoliberal model: It prioritizes private property and a market-driven economy, but it does not guarantee education, healthcare and social security for those in need. The constitution only recognizes the freedom to choose between different providers, for example, in relation to health and social security, but it does not ensure a minimum content for these rights; the right to education and the right to a healthy environment are not justiciable, and the right to adequate housing is nowhere to be found.

In 2016, the UN Special Rapporteur on Extreme Poverty and Human Rights concluded that “the formulations used (in the 1980 constitution) do not generally conform to international standards and are not firmly anchored in the language of rights and obligations. The methods of implementation envisaged are relatively open-ended and non-empowering and do not explicitly include judicial action” in relation to social rights.

Under the 1980 constitution, social rights are not a matter of public service; they are instead tradable goods only available to those who can afford them. And affordability is  unevenly distributed as a result of high levels of inequality. Despite economic growth in recent decades, Chile has one of the highest rates of income inequality in the OECD, both in terms of income and wealth distribution, as well as one of the lowest rates of public spending.

Back in 2015, the UN Committee on Economic, Social and Cultural Rights recommended that Chile should “guarantee the comprehensive recognition and necessary legal protection of economic, social and cultural rights” in a new constitution, “while ensuring that the constitutional reform process is conducted in a transparent and participatory manner.”

Besides international human rights obligations, there is a democratic case for social rights in Chile’s constitutional moment. The fairness of a constitution depends on the extent to which human rights, including social rights, are enshrined in it, with proper accountability for public authorities. At the same time, the democratic legitimacy of a constitution depends on the extent to which the opinions of those most affected by it are taken into account. In a democracy, only when participation is open, transparent, and meaningful, do citizens have reasons to see a constitutional settlement as their own, even when they may not necessarily agree with everything it says.

To do justice to such an ambitious goal, the Chilean process should not leave anyone behind. This is a historic occasion to make the case for social rights. A key responsibility is to listen carefully to those most affected by public policies, by authorities’ decisions, and by their omissions.

That is precisely the immense challenge and opportunity Chile is facing at the moment. The Human Rights Centre of the University of Essex (UK), the University of Concepción (Chile) and the Global Initiative for Economic, Social and Cultural Rights (GI-ESCR) have joined forces in this historic moment of hope and civic responsibility to provide evidence and analysis for the constitutional convention. 

The three partners have brought together fifty academics and practitioners, half of them Chilean and the other half from a wide range of countries, including Argentina, Brazil, Canada, Colombia, England, Ireland, Mexico, Scotland, South Africa and the United States. Together, they are the authors of a new book, freely accessible online in Spanish, that looks at different models of recognition of social rights.

In more than thirty chapters, contributions include legal and multidisciplinary studies about the theoretical foundations of human rights, the role of the judiciary and other accountability bodies, the content of rights (social security, work, health, housing, education, water and sanitation, and the right to a healthy environment), the necessary protection for groups at greater risk of harm, disadvantage and discrimination (indigenous people, persons with disabilities, women, children, and older people), and lessons learned from other constitutional processes around the world (particularly, Brazil, Colombia and South Africa). Besides the international and comparative perspectives, the book also examines what the constitutionalization of social rights may mean in Chile’s legal order.

The majority of Chilean people are pushing for a new constitutional framework that could realize all human rights, including social rights, for everyone. The challenge goes beyond the mere architecture of public institutions and the technical legal formulation of rights. This is an opportunity to revisit the foundations on which Chilean society is built, the type of country and the sort of future Chileans deserve.

This piece was first published on the Open Global Rights website and is reproduced here under a Creative Commons licence. The original post can be accessed here.


The University of Essex has issued a press release and a Q&A about the publication. The Human Rights Centre is hosting an online event on Wednesday 20 October 2021 (5pm – 6:30pm) to launch the publication, and you can register here.

The Business Sector and the Rights to Work and Just and Favourable Conditions of Work

Photo © Marcel Crozet/ILO from Flickr

Dr Marija Jovanovic, Lecturer in Law at the University of Essex, published a new chapter titled ‘The Business Sector and the Rights to Work and Just and Favourable Conditions of Work’ in The Cambridge Companion to Business and Human Rights Law.

The collection was edited by Ilias Bantekas (Hamad Bin Khalifa University, Qatar) and Michael Ashley Stein (Harvard Law School, Massachusetts), and was published in September 2021 by Cambridge University Press.

How can businesses operate profitably and sustainably while ensuring that they are applying human rights? I. Bantekas and M. Stein (eds), The Cambridge Companion to Business and Human Rights Law (CUP 2021)

Marija’s chapter explains the role and responsibility of the business sector in securing the rights to work and just and favourable conditions of work by clarifying the origins, legal nature, scope, and enforcement of obligations placed upon corporate actors.

It explores the differences between the role of businesses and that of states in safeguarding these rights and seeks to establish whether any obligations placed upon business actors are owed to individuals employed by their subsidiaries and suppliers outside of their country of domicile.

The chapter reflects on the three modalities of framing obligations of the business sector to secure the rights to work and just and favourable conditions of work in today’s globalised economy. It also considers whether states have – or should have – an international obligation to enact and enforce legislation that enables individuals from other jurisdictions to seek redress for the violations of the two rights by their corporate nationals.

Marija’s contribution and the further twenty-four chapters of the Companion are intended to serve as both a specialist guide to businesses, states, and consumer organisations and civil society at large in their pursuit of business and human rights related actions and policies, as well as a comprehensive textbook for business and human rights modules.

Realising the Right to Health

Photo by Marcelo Leal

The right to health, or ‘the right to the enjoyment of the highest attainable standard of physical and mental health’ to give it its full name, is a fundamental human right which extends beyond a right to healthcare to include a range of pre-conditions for a healthy life.

According to the Office of the United Nations High Commissioner for Human Rights (OHCHR), ‘every State has ratified at least one international human rights treaty recognizing the right to health. Moreover, States have committed themselves to protecting this right through international declarations, domestic legislation and policies, and at international conferences.’

Yet evidence from around the world suggests States’ commitments to ‘progressively realise’ the right to health are yet to lead to practical progress.

What is required, then, to help States move from treaty signing to practical action?

The challenge

While most countries have signed up to treaties containing binding obligations in relation to the “progressive realisation” of the right to health, a lack of clarity on the scope of the right to health and historical confusion regarding appropriate indicators and benchmarks has created ambiguity, which some have used to sidestep their commitments.

What we did

Drawing on the fields of international human rights law and public health governance, research led by Judith Bueno de Mesquita, from our School of Law and Human Rights Centre, has sought to look at the expectations, or norms, in relation to the right to health, in the context of specific health issues, with a particular focus on sexual and reproductive health and rights (SRHR).

In a field that has been dominated by discussions of constitutions and legislation, this research focuses on the framework of regulations and policies required at national level, for implementation.

Bueno de Mesquita was appointed as a consultant by the United Nations Population Fund (UNFPA) to work with two national human rights institutions, the Commissioner for Human Rights, Azerbaijan, and the Ombudsperson Institution of Kosovo. In this consultancy role, she led the research required for national assessments looking at sexual and reproductive health.

These consultancies allowed her to apply her research to country contexts, and assess the degree to which the legislative, regulatory and policy environments were compliant with international human rights standards in the area of SRHR.

What we achieved

In Azerbaijan, the resulting report contributed to the Government taking sexual and reproductive health and rights more seriously, and provided valuable advocacy tools. The report was used to lobby the Azerbaijan Parliament to incorporate sexual and reproductive health issues into the State Program on Demography and Population Development and to develop the National Action Plan on Gender-Based Violence to ensure effective implementation of the 2010 law on domestic violence prevention.

The report was also showcased as a case study in the United Nations Population Fund’s ground-breaking guidance (UNFPA: 2019, pp. 76-78).

In Kosovo, Bueno de Mesquita’s recommendations were contained in the Ombudsperson Institution’s 2016 report, resulting in life-changing impact for rights-holders, including:

  • the provision of free contraceptives to vulnerable groups
  • the supply of low-cost condoms via vending machines
  • a decision to retain contraceptives on the essential drugs list
  • an increase in health inspectorate staffing, with human rights integrated into this organisation’s work
  • steps taken to make maternal death audits consistent with World Health Organisation guidelines
  • and the adoption of a rights-based national HIV action plan.

The impact in Kosovo is ongoing, with the report continuing to inform the next cycle of Azerbaijan’s Reproductive Health Strategy.

In both countries, the research of Judith Bueno de Mesquita has successfully bridged the gap between theory and implementation, supporting significant progress and providing useful examples of how national legislative and policy frameworks can help realise States’ commitments in relation to the progressive realisation of the right to health.

This impact case study was first published on the website of the University of Essex and is shared here with permission and thanks. Read the original story here. You can follow Judith Bueno de Mesquita on Twitter here.

Making the Right to Housing Real in Newcastle

Photo by Jack Foster

Dr Koldo Casla, Lecturer in Law and Director Human Rights Centre Clinic, Human Rights Local Project Lead

In June 2019, Newcastle City Council and Crisis announced a partnership to end homelessness in the city within ten years. An evidence review took place in 2020 and 2021 to inform the development of such partnership. Based on that evidence review and other documentary sources, I wrote a report to examine how Newcastle City Council can implement the internationally recognised right to adequate housing. The full report is available here.

The evidence review included frontline perceptions of homelessness provision and associated services operating in Newcastle, participatory research with people with lived experience of homelessness, an analysis of current local expenditure, how the local authority collects data, and the impact of national health, housing or social security policies in Newcastle.

On that evidential basis, I looked at Newcastle’s policy and practice on homelessness in light of the right to adequate housing as recognised in international law. The purpose of the report is to analyse what human rights may offer to end homelessness in Newcastle, connecting the evidence with human rights principles and standards.

Adequate housing is recognised as a human right in international law, particularly in Article 25 of the Universal Declaration of Human Rights and Article 11 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Housing is more than a roof over one’s head and more than a mere commodity. Housing, as observed by the UN Committee on Economic, Social and Cultural Rights (CESCR), “should be seen as the right to live somewhere in security, peace and dignity.”

The adequacy of adequate housing is determined by seven criteria:

  1. Legal security of tenure, including protection from forced evictions, irrespective of the type of property and tenure (homeownership, lease, informal settlement, etc.);
  2. Availability of services, materials, facilities and infrastructure, including access to natural and common resources, all of which is essential for health, security, comfort and nutrition;
  3. Affordability, including protection from unreasonable rent levels and increases, so as not to compromise or threaten the attainment and satisfaction of other essential needs and rights;
  4. Habitability, in terms of protection from cold, damp, heat, rain, wind and other threats to health and safety;
  5. Accessibility, paying particular attention to the requirements of groups and individuals at greater risk of harm, disadvantage and discrimination;
  6. Location, allowing access to employment, healthcare services, schools, transport and other facilities, bearing environmental conditions in mind; and
  7. Cultural adequacy, using materials and tools that recognise and express appropriately the cultural identity and diversity of the population.

Human rights obligations extend to all branches and all public authorities, national and local. The practical content of human rights obligations, however, depends on the availability of resources. Years of austerity have significantly diminished those resources for local authorities, despite an ever-greater need for social protection.

Public authorities bear the responsibility to prove that they are putting in place the most appropriate policies, allocating all of their available resources in the most strategic way, to fulfil the right to adequate housing.

Newcastle was one of the three cities worst affected by welfare reforms in cumulative terms, alongside Manchester and Central London, with losses of over £2,000 per household in the 2010s. Austerity also materialised in cash-strapped local governance, which resulted in diminishing resources to prevent and tackle homelessness, and to deliver other public services. Newcastle faced an overall budget cut of 32% between 2010-11 and 2018-19.

Despite the UK context of austerity in public spending, the city managed to mobilise available resources to limit the impact and prevalence of homelessness. A comparatively large stock of council homes (around 26,000) provides a structural baseline to prevent and tackle homelessness. During the years of austerity-driven national policies, Newcastle largely avoided cutting public spending on housing and homelessness. With its preventive approach, Newcastle City Council managed to make the most of available resources, which are nonetheless limited considering existing demand, relatively high levels of poverty and destitution, and the cumulative consequences of austerity and Covid-19.

The right to adequate housing includes a requirement on public authorities to ensure that nobody is rendered homeless as a result of an eviction. This means that local authorities must adopt reasonable measures to provide adequate alternative housing solutions.

There was a 75% reduction in the number of evictions from Newcastle’s council housing between 2007 and 2020. Unlike other core cities, Newcastle does not use B&B accommodation as a temporary solution. The city has a single-site purpose-built supported accommodation facility with 720 beds in self-contained units at Cherry Tree View.

The relative low level of homelessness in Newcastle has been attributed to a combination of factors, particularly the preventive approach (before the 56-day target of the Homelessness Reduction Act 2017), the availability of a large stock of council homes (conductive to higher social lettings and lower private rent levels), and a financial commitment from the local authority.

However, interviewees and focus group participants identified hostels, particularly larger hostels, as potentially harmful for the city’s homeless population. In line with international human rights standards, temporary accommodation should only be used exceptionally, it must not put personal safety at risk, cannot become a long-term solution, must not separate family members, and must provide space to respect individual’s privacy.

Families are kept together in Cherry Tree View, where there are no shared rooms, so everyone has their own private space, their own apartment with toilet and kitchen. In other accommodation, these facilities would be shared.

Adequate housing must be accessible for everyone. This means public authorities should take proactive measures to ensure that housing is accessible also for groups and individuals who, due to different reasons, may face particular difficulties in accessing adequate housing.

Housing solutions for people seeking asylum should be culturally adequate, including community support, and proximity of places for worship and shops. This should be a consideration in the general suitable and sustainable homes checklist. Newcastle City Council and the Home Office should explore ways to ensure that the Council receives notice at least 56 days in advance.

Newcastle should also accommodate people who are homeless based on need alone, including people with no recourse to public funds, particularly when children are involved. The local authority should refuse to co-operate with immigration rules that infringe the right of local residents to feel safe at home.

Newcastle should ensure that survivors of domestic abuse are given priority access to a housing alternative should they need it.

The principle of active participation speaks to the spirit of involving everyone in the community in the delivery of the ambitious goal of ending homelessness. Inasmuch as possible, meaningful engagement between public authorities and the voluntary sector should include people with lived experience of homelessness, who should be listened to in the identification of challenges and possible solutions. There is no better way to defend social rights than to hand over a megaphone to the people most affected by inequality, public spending cuts and social exclusion.

Newcastle City Council is demonstrating a high dose of audacity and commitment by embracing a human rights-based approach to housing. Creating the material conditions for the fulfilment of all human rights, including the right to adequate housing, is a collective task that should concern everyone in society. This includes public and private actors, particularly when private actors receive public funds. Years of austerity have resulted in diminishing resources available to local authorities, and Newcastle City Council has been particularly affected. Yet, the evidence shows that Newcastle has achieved remarkable results despite the limitations. To ensure non-retrogression in human rights, Newcastle should maintain its proactive and preventive approach to end homelessness, above and beyond the relief and refer duties of the Homelessness Reduction Act 2017.

School of Law and Human Rights Centre Host Workshop on Critical Perspectives on Global Law and the Environment

Photo by Mike Erskine

On 22-23 April 2021, the School of Law and Human Rights Centre (HRC) held a workshop bringing together scholars at an early stage in their careers to support the development of research on critical perspectives on global law and the environment.

The workshop was organised by Emily Jones, Eliana Cusato, Judith Bueno De Mesquita and Birsha Ohdedar (all Lecturers in the School of Law and Human Rights Centre).

The workshop aimed to foster and develop the emerging area of critical scholarship on law and the environment, specifically among early-career researchers. In confronting global challenges such as climate change, biodiversity loss, freshwater scarcity and other symptoms of planetary breakdown, it has been noted that traditional approaches of environmental law have only managed to save “some trees” but failed to keep “the forest” (Bosselmann, 2010). The current environmental crises intertwine with poverty, inequality, and gendered and racial hierarchies that stem from colonial origins and replicate in the postcolonial and neoliberal worlds. Therefore, the challenge laid down for critical scholarship is to interrogate (and re-imagine) the role of law in the unending drive for economic expansion, unbridled exploitation of people and nature, rather than merely attempt to mitigate its excesses (Gonzalez, 2015).

Workshop partipants during the second day of the work-shop

In recent years, an emerging body of work broadly re-examines environmental law from a critical lens. These include perspectives that account for: Third World Approaches to International Law (TWAIL) and Global South-North relations; critical interrogations of human rights and the environment; innovative research methods; new materialism; and climate and environmental justice. This workshop builds on these critical perspectives with the aim of fostering a new generation of scholars.

The workshop had 18 early-career scholars participating, with a cross-section of representation from early-stage PhD researchers to those up to 5 years into their post-PhD academic careers. The virtual workshop meant participants were based across the globe, including from Europe, Canada, Turkey, Brazil, Australia, Barbados, and India, with representation across genders.

Each participant in the workshop produced a paper in advance of the day. The workshop adopted an innovative format by pairing up participants to present on each other’s paper rather than their own. The format resulted in greater engagement, feedback and the development of presenting work that is not their own, concisely and clearly. Each paper was closely discussed with other participants and invited senior discussants, providing an opportunity to gain a range of feedback on their work.

In between the two days of discussion, Prof. Carmen Gonzalez, Professor of Law at Loyola University of Chicago, delivered a keynote address on the topic of racial capitalism and global environmental law.

Keynote speaker Professor Carmen Gonzalez and the organisers of the workshop

A symposium edition of the Asian Journal on International Law is planned for 2022, as a workshop output, which will showcase some of the presented papers.

The workshop complements the work at the School of Law and HRC in this area, including through a research cluster on Human Rights and Environment and recent symposiums on human rights and climate change, albeit bringing a more focussed critical perspective.

Pushing Past the Tipping Point: Can the Inter-American System Accommodate Abortion Rights?

Dr. Patricia Palacios Zuloaga, Lecturer in Law, University of Essex, had a new article published in the Human Rights Law Review, titled ‘Pushing Past the Tipping Point: Can the Inter-American System Accommodate Abortion Rights?’

While anti-abortion activists have been successful in pushing to restrict access to abortion across the USA, reproductive rights activists have been mobilizing across Latin America to push for the easement of strict anti-abortion policies. These opposing directions of travel have renewed interest in which human rights arguments would best support the expansion of access to abortion in Latin America.

To date, progress in this area has mostly relied on understanding that the prohibition of cruel, inhuman and degrading treatment requires states to allow abortions in the direst of circumstances. However, the vast majority of women in the region who seek abortions do not qualify for the small exemptions contained in the law. Activists looking to expand abortion provisions beyond the cruelty paradigm therefore need to find arguments that can stand firm in a generally conservative Latin American region.

In this search, Dr. Palacios Zuloaga argues, the Inter-American System could, somewhat surprisingly, provide keys to constructing a new discourse surrounding reproductive rights based on a nuanced understanding of structural discrimination and a willingness to visibilise the suffering of women.

A copy of the article can be accessed through the publisher’s website here.

Effective Oversight of Large-Scale Surveillance Activities: A Human Rights Perspective

Photo by Lianhao Qu

Daragh Murray, Pete Fussey, Lorna McGregor, and Maurice Sunkin, University of Essex, explore the international human rights law implications of state surveillance in a new article published in the Journal of National Security Law and Policy (JNSLP).

Today, state surveillance involves the large-scale collection and analysis of digital data—activities which allow for widespread monitoring of citizens. And while commentary on the legality of these bulk surveillance regimes has focused on whether this routine surveillance is permissible, the European Court of Human Rights has recently held that, subject to appropriate safeguards, surveillance of this type is legitimate, and sometimes necessary, for national security purposes in a democratic society.

In their analysis, the authors outline the types of oversight mechanisms needed to make large-scale surveillance human rights compliant. To do so, they break down state surveillance into its constituent stages—authorization, oversight, and ex post facto review—and focus their attention on the first two stages of the process.

First, they argue that effective oversight of authorizations requires increasing data access and ensuring independent judicial review.

Second, they argue that effective oversight of ongoing surveillance requires improving technical expertise and providing for long term supervision.

The authors conclude that a “court-plus” model of judicial officers and non-judicial staff would deliver enhanced judicial qualities to authorizations while also providing continuous engagement through ongoing review and supervision.

This post was first published on the JNSLP website and is reproduced here with permisson and thanks. The original piece and a link to the authors’ article can be found here.

Human Rights and Climate Change Symposium – University of Essex 9-11th June 2021

There are many ways in which climate change impacts upon a range of human rights. Therefore, it may appear strange that the linkages between human rights and climate change were not widely acknowledged until relatively recently. The first UN Human Rights Council resolution relating to climate change occurred in March 2008, where it acknowledged that climate change, ‘poses an immediate and far-reaching threat to people and communities around the world’.

The meaning and understanding of the linkages between human rights and the environment more generally have taken a long time to emerge at national and international levels. Following a key moment at UNCHE in Stockholm in 1972 when it was declared that people have a ‘fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being..’, developments have taken place gradually and often in a fragmented manner.

All the same, through national constitutions and courts, regional human rights treaties and tribunals, declarations of international organisations and through the work of the international community more generally, law and opinion in the field of human rights and the environment have developed year by year. And yet, in spite of the many developments that have taken place, the right to a safe, clean, healthy and sustainable environment has still not been acknowledged through a globally applicable international treaty or a resolution of the UN General Assembly. 

Climate change as a specific environmental issue has gained prominence relatively recently, however, the trajectory of developments in its relationship with human rights has been rapid. In the early 1970s, the international issues that dominated the headlines were issues such as the Vietnam war, famines in different parts of the world, factional wars and violence in newly independent countries and the introduction of early computers. In contrast, the 2000s have seen climate change rise rapidly up international agendas. This is seen through the intensity of attention afforded to it at meetings among national leaders, through the strategies of multinationals to respond to the need to reduce emissions, and through the levels of engagement with the issue by the international community generally. This has meant that work has intensified very rapidly to fully understand the human rights implications of climate change.

That said, there are still many questions that need to be answered. These include questions relating to the ways that climate change impacts upon and intersects with existing human rights, those relating to the ways that human rights as legal mechanisms can be activated to respond to the challenges related to climate change, and questions relating to the level of recognition or the status of the ‘right to a safe climate’ itself. 

Between 9-11 June 2021, the School of Law and the Human Rights Centre at the University of Essex in conjunction with its partner organisations, will be hosting a symposium that will focus on issues related to the nexus between human rights and climate change. The symposium is grateful to the numerous international experts who have offered to participate.

In particular, it is grateful to Elizabeth Mrema (Executive Secretary of the Convention on Biological Diversity) and Professor John Knox (former UN Special Rapporteur on Human Rights and the Environment) for their participation and support.

The symposium will include talks and panel sessions that focus on different aspects of the intersections between human rights and climate change. They include environmental constitutionalism, biodiversity, dignity, migration, energy provision in developing countries and the rights of a child. The symposium will also include panel sessions that specifically consider Bhutan and the rights of nature. 

We extend a warm welcome to you and hope that you will join us. 

For further information and details on how to register see: Human Rights and Climate Change Symposium

Partner Organisations: 

  • Environmental Law Institute (Washington DC)
  • University of Bayreuth (Germany)
  • University of East Anglia (UK)
  • Global Environmental Rights Institute, Dignity Rights Project (USA)
  • Widener University Delaware Law School (USA)