Topic: Rule of Law
Raising the Bar: Improving the Nomination and Election of Judges to the International Criminal Court
There are currently significant flaws in the way that the member states of the International Criminal Court identify and elect judges to the court, leading to the election of less-qualified candidates, and a bench dominated by a handful of states.
Legal Analysis: Hungary’s Special Tax on Migration-Related Activities
A summary legal analysis of Hungary’s law imposing a special tax on migration-related activities and financing.
Strategic Litigation Impacts: Insights from Global Experience
Drawing on years of field-based research, this report takes an unprecedented, empirical look at the impacts of strategic human rights litigation.
Legal Analysis of Hungary’s Anti-NGO Bill
This briefing paper analyzes legislation passed by the Hungarian parliament that criminalizes efforts by civil society groups to offer support to refugees and migrants.
A Toolkit for Drafting Complaints to the United Nations Human Rights Committee and Committee Against Torture
This manual for human rights activists and lawyers seeks to develop their skills in using litigation as one of the tools to combat torture, cruel, inhuman, or degrading treatment and punishment.
Civil Society and the Copenhagen Declaration on Reform of the European Court of Human Rights
Remarks delivered by James A. Goldston, executive director of the Open Society Justice Initiative, on the response of civil society to Denmark's proposed reforms of the European Court of Human Rights.
European Union Law and Romanian Draft Law 140/2017 on Associations and Foundations
This briefing paper considers the extent to which a proposed new Romanian law on the management of civil society organizations would violate provisions of European Union law.
Strategic Litigation Impacts: Torture in Custody
This study looks at how activists in Argentina, Kenya, and Turkey have sought to use the courts to secure remedies for torture victims and survivors, bring those responsible to justice, and enforce and strengthen the law.
Strengthening from Within: Law and Practice in the Selection of Human Rights Judges and Commissioners
This joint report shines a light on the processes that governments use to nominate and select human rights judges and commissioners.
Joint Submission on International Standards for Regulating the Use of Force
A submission to the Human Rights Committee from the Open Society Justice Initiative and four other rights groups on the interpretation of human rights law on the use of force.
Strategic Litigation Impacts: Indigenous Peoples’ Land Rights
This comparative study examines the ways indigenous communities in Malaysia, Paraguay, and Kenya and their advocates are using litigation in an effort to defend their rights and win compensation.
Understanding National Progress: A Cross Regional Exchange on Access to Justice
A summary a meeting organized by the Open Society Justice Initiative in Washington, D.C., in October 2016, which focused on developing effective measurements for access to justice.
Implementing ECHR Protocol 16 on Advisory Opinions
This legal briefing provides a summary of some of the proposed changes to the Rules of Procedure of the European Court of Human Rights intended to implement Protocol 16 to the Convention on advisory opinions.
Joint NGO Submission on Implementation of European Court Judgments
A submission by the Open Society Justice Initiative and other human rights groups to the Council of Europe working party on reform of the European human rights system.
The Application of the “Significant Disadvantage” Criterion by the European Court of Human Rights
An overview of the application by the European Court of Human Rights of the “significant disadvantage” criterion for admissability introduced by Protocol 14 in 2010.
Summary of ECHR Judgments Presented to the Committee of Ministers of the Council of Europe
Summaries of 26 judgments of the European Court of Human Rights presented to the ministerial committee that oversees the implementation of the court's rulings.
Appointment of Supreme Court Judges in Mexico: International Standards and Best Practice
This briefing paper presents a summary of criteria and transparent practices for the selection of senior judges, drawing on international and national law, standards and practice.
Case Digests: Recent Remedies Decisions from the European Court of Human Rights
This digest sets out summaries of decisions of the European Court of Human Rights with regard to awards of individual and general measures under Article 46 from January 2013 to December 2014.
Case Digest: Abuse of Detainees in Russia: Article 3 ECHR
This briefing paper summarizes 49 recent decisions delivered by the European Court of Human Rights relating to the prohibition of torture and degrading treatment (Article 3) within the Russian Federation.
Case Digests: Human Rights Decisions of the East African Court of Justice, May 2015
Summaries of 18 decisions taken by the East African Court of Justice affecting the rule of law and human rights, taken between May 2013 and February 2015.