In October 2024, the Committees on the Rights of the Child (CCRC) and Economic, Social and Cultural Rights (CESCR) published their Views in three communications against Finland. Both Committees concluded that the country had violated the rights of individuals in the Kova-Labba Siida (a Sámi community) by granting a mineral exploration permit and area reservation in the Siida’s traditional reindeer herding territory without first conducting an impact assessment and obtaining the Siida’s free, prior, and informed consent (FPIC). In their Views, the Committees interpret Articles 8 and 30 of the Convention on the Rights of the Child (CRC) and Article 15(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) for the first time in matters concerning Indigenous peoples. The Views notably develop the understanding of the relationship between resource extraction, the Indigenous right to culture, and its intergenerational transmission. This post first outlines the cases’ backgrounds and the Committees’ admissibility assessments.
Economic Social Cultural Rights
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As the land erodes, so does the cultural heritage: Unpacking (fuzzy) cultural preservation perspectives within the Falepili Union Treaty framework
On 28 August 2024, the Falepili Union Treaty between Tuvalu and Australia entered into force. As the first climate resettlement treaty ever adopted in history, providing a defined climate mobility pathway, this peculiar legal instrument on climate cooperation offers numerous reflections enshrined in its first four articles (e.g. the recognition of Tuvalu’s…
International Legal Protection for Mothers Experiencing Global Crises and Natural Disasters
Humanity now stands at a total population of 8.1 billion, of which 2 billion are mothers. Apropos of this year's Christmas celebrations throughout the Christian part of humanity, I've often had occasion to observe to my students that the classic Nativity story is also a stirring narrative of how the birth of Jesus Christ occurred…
Human Rights Reparations and Fact-Finding Quandaries in the 2024 ICJ Judgments in Ukraine v. Russian Federation
Perhaps more than any other time in the history of the International Court of Justice, international human rights law has never been more ubiquitously and stridently deployed at the World Court by so many States, several of whom do not necessarily have the usual nationality linkages when it comes to the assertion of injuries and harms from asserted…
Why education rights must finally be taken seriously: Exploring the perils of mnemonic indoctrination in Russia
The year 2023 in Russia can be descried as a new chapter in furthering control over the historical narratives being circulated in the public sphere. A new federal educational standard which prescribes the content of the history curriculum entered into force starting from 01 September 2023. Little it is known, than a widely discussed Russian history…
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