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 Training Programme

Practical Training on Non-Discrimination and Minority Rights with an emphasis

on the European Convention of Human Rights.

 

Kontakt der Kontinenten- Soesterberg

22 November - 3 December 2004

 

This programme was made possible through financial contributions by

the Netherlands Ministry of Foreign Affairs and

the Open Society Justice Initiative in Budapest

Note

This training session is directed to practising lawyers and judges from Central and Eastern Europe and former Soviet Union. The goal of the training is to equip the participants with knowledge of how to use the international instruments on non-discrimination in their daily practices. Such an approach follows the practical approach to the individual cases which practitioners have. The main emphasis will be on litigation strategies and goals, but attention will be paid also to non-contentious advocacy strategies as well in order to ensure lawyers are aware of other avenues of helping their clients causes.

 

The training will start with an overview of the international law on minority rights, and will continue with basic concepts of international non-discrimination law. Next, particular rights the right to privacy, right to property, freedom of religion, of association, social, economic and cultural rights, etc. - will be examined from a non-discrimination perspective. Then, a presentation of the available procedures for remedy of violations of these rights will be analysed and compared. The second week of the training will consist of a litigation workshop on two hypothetical cases before the European Court of Human Rights.

 

Trainers can suggest background materials to be provided beforehand to participants to have them prepared for more interactive and practice-oriented type of sessions.

 

Trainers are expected to provide small hypos to illustrate salient point in their presentation in subsequent workshops, in consultation with and with the assistance of INTERIGHTS.

Week 1

 

Monday

22 November

 

10.00 10.15

Coffee-break

10.15 10.45

Introduction of the training course

Project organisers

10.45 12.30

Presentation of the participants and their expectations

12.30 13.30

Lunch

13.30 14.30

Basic concepts of non-discrimination and overview of international norms on non-discrimination (focus on content not on remedial systems):

-          Direct/indirect discrimination

-          Standards of proof (reversal of the burden of proof, use of statistical and testers evidence, etc.)

-          Affirmative action

-          Victimisation

-          Harassment

-          Non-state actors responsibility

 

Presenter Barbara Cohen

14.30 14.45

Coffee-break

14.45 15.15

Continuation

15.15 15.45

Questions and discussion

15.45 16.45

2 break out groups

One small hypo (questions) illustration of the concepts discussed during the day.

2 moderators Barbara Cohen and Kevin Kitching

16.45 17.15

Groups come together and report on conclusions, discussion

17.15 18.00

Presentations by participants of cases from their professional experiences (hereafter called Case studies)

18.00

Dinner

19.30 21.00

Sensitization game


 

Tuesday

23 November 

 

09.00 10.00

Discrimination and treaty based supervision within the framework of the United Nations:

-          The reporting procedure under UN human rights treaties

-     Individual complaints under UN human rights treaties

 

Presenter Niels-Erik Hansen

 

10.00 10.15

Questions and discussion

10.15 10.30

Coffee-break

10.30 11.30

2 break out groups

One small hypo (questions) illustration of the concepts discussed.

 

2 moderators Niels-Erik Hansen and Kevin Kitching

 

11.30 12.00

Groups come together and report on conclusions, discussion, analysis by moderators

12.00 12.30

Case studies

12.30 13.30

Lunch

13.30 14.45

Cluster of rights 1: general presentation economic, social and cultural rights from non-discrimination perspective (Articles 26 and 27 of ICCPR, Article 2 ICESCR, CERD, CEDAW, EU Race Directive, European Social Charter)

 

Presenter Iain Byrne

14.45 15.00

Coffee-break

15.00 16.00

2 break out groups

One small hypo (questions) illustration of the concepts discussed.

 

2 moderators Iain Byrne and Kevin Kitching

16.00 16.30

Groups come together and report on conclusions, discussion, analysis by moderators

16.30 17.30

Case studies

18.00

Dinner

 

 

Wednesday

24 November 

 

09.00 10.00

Basic concepts of minority rights and overview of international norms concerning minority rights (focus on content not on remedial systems). Definition of minorities; minority rights and right to identity; right to equality and right to freedom from discrimination; individual rights v. collective rights

 

Presenter Kristin Henrard

10.00 10.30

Questions and discussions

10.30 10.45

Coffee-break

10.45 12.00

2 break out groups

One small hypo (question) illustration of the concepts discussed during the day.

 

2 moderators Kristin Henrard and Kevin Kitching

12.00 12.30

Groups present their positions; comments and analysis by moderators

12.30 13.30

Lunch

13.30 14.00

Case studies (Participants)

14.00 15.00

Right to privacy, protection of property, access to court from non-discrimination perspective (ECHR)

 

Presenter Deirdre Fottrell

15.00 15.30

Questions and discussion

15.30 15.45

Coffee break

15.45 16.45

2 break out groups

2 break out groups

One small hypo (questions) illustration of the concepts discussed.

2 moderators Deirdre Fottrell and Kevin Kitching

16.45 17.15

Panel discussion of the judgement: each group presents the questions, which the group discussed, and their answers.

17.15 18.00

Case studies

18.00

Dinner


 
Thursday
25 November

 

9.00 10.00

 

Cluster of rights 2: general presentation. Freedom of religion, association and expression from non-discrimination perspective

 

Presenter Kevin Boyle

10.00 10.30

Questions and discussions

10.30  10.45

Coffee break

10.45 11.45

2 break out groups

Break-out workshops based on two real ECHR judgements under selected rights from cluster 2:

Materials include the text of judgements and a list of questions concerning particular issues discussed in the judgement. Participants of small groups discuss how these questions have been resolved in the judgement and why the Court has decided in this particular way

 

2 moderators Kevin Boyle and Kevin Kitching

11.45 12.15

Panel discussion of the judgement: each group presents the questions, which the group discussed, and their answers. Comments and analysis by moderators.

12.45

Bus with participants departs

14.00 15.15

Study visit to LBR (National Bureau against Racial Discrimination) and Radar (Rotterdam Anti-Discrimination Action Council)

15.15 15.30

Coffee break

15.30 16.30

Continuation study visit

17.00

Bus with participants departs for Soesterberg

19.00

Dinner

 

Friday
26 November

 

09.00 10.00

Submitting a case under the European Convention on Human rights: outline of the procedure. Outcomes of the consideration of cases (Friendly settlement. Just satisfaction. Effects of Judgements)

 

Presenter Ugur Erdal

 

10.00 10.30

Questions and discussion

10.30 10.45

Coffee break

10.45 12.30

Case studies

12.30 13.30

Lunch

13.30 14.30

 

Admissibility requirements

 

Presenter Agnes van Steijn

 

14.30 15.00

Questions and discussion

15.00 15.15

Coffee break

15.15 16.15

2 break out groups

One small hypo (questions) illustration of the concepts discussed.

 

Moderators Ugur Erdal and Agnes van Steijn

 

16.15 16.45

Groups present their positions; comments and analysis by moderators

16.45 17.30

Case studies

18.00

Dinner

 Saturday 27 November day off (no lunch and no dinner arranged)

Sunday 28 November day sightseeing organised by NHC, dinner at 19.00

Week 2: Moot court

 

Moderators:    A. Yonko Grozev and Kevin Kitching                                    

 

            B. Andrea Coomber and Donncha OConnell           

                   

C.  Peter Kempees and Janneke Bockwinkel

 

Monday 29 November

Group A

Group B

Group C (Judges)

09.00 10.30

 

Lawyers for the applicant in case No. 1

Drafting of the initial application to the Court

 

Moderators:

 

Lawyers for the applicant in case No. 2

Drafting of the initial application to the Court

 

Moderators:

 

Judges:

Initial consideration of issues

 

 

 

Moderators:

 

10.30 10.45

Coffee break

10.45 12.30

Continuation

12.30 13.30

Lunch

13.30 15.00

 

Lawyers for the applicant in case 1

Continue drafting of the initial application

Lawyers for the applicant in case 2

Continue drafting of the initial application

Judges:

Initial consideration of issues in case No. 2 and questions to ask to the parties

 

15.00 15.15

Coffee break

15.15 17.00

Continuation

18.00

Dinner

 

Tuesday

30 November

Group A

Group B

Group C (Judges)

09.00 10.30

 

Lawyers for the applicant in case No. 1

Finalise the initial application to the Court

 

Moderators:

 

Lawyers for the applicant in case No. 2

Finalise  the initial application to the Court

 

Moderators:

 

Judges:

Initial consideration of issues in case No. 1 and questions to ask to the parties

 

 

Moderators:

 

 

Applications in writing submitted to the "Court"

 

Applications are given to the governments as well, to start discussing their position. Later in the day, the Court will communicate them with a list of questions on each application

 

10.30 10.45

Coffee break

10.45 12.30

Continuation

12.30 13.30

Lunch

13.30 15.00

 

 

Lawyers for the government in case 2

 

Discussing the main issues for the government on the admissibility and merits of case No. 2

 

Moderators:

 

Lawyers for the government in case 1

 

Discussing the main issues for the government on the admissibility and merits of case No. 1

 

Moderators:

 

Judges:

 

 

The Court communicates the complaints and provides a list of questions for the parties to answer

 

Moderators:

 

15.00 15.15

Coffee break

15.15 17.00

Continuation

18.00

Dinner

 

Wednesday 1 December

Group A

Group B

Group C (Judges)

09.00 10.30

 

Lawyers for the government in case 2

 

Finalising the Observations of the government on the admissibility and merits of case No. 2

 

Moderators:

 

Lawyers for the government in case 1

 

Finalising the Observations of the government on the admissibility and merits of case No. 1

 

Moderators:

 

Judges:

 

 

First draft of judgement on case No. 1

 

 

 

Moderators:

 

 

Government observations in writing submitted to the "Court" and the respective "applicants"

10.30 10.45

Coffee break

10.45 12.30

Continuation

12.30 13.30

Lunch

13.30 15.15

 

Lawyers for the applicant in case 1

Discussion of the positions of the government and consideration of possible responses; discussion of friendly settlement options and costs, expenses and pecuniary and non-pecuniary damage. Preparation for the hearing before the "European Court of Human Rights". Written comments in response of the government memorial, if necessary.

 

Moderators:

 

Lawyers for the applicant in case 2

Discussion of the positions of the government and consideration of possible responses; discussion of friendly settlement options and costs, expenses and pecuniary and non-pecuniary damage. Preparation for the hearing before the "European Court of Human Rights". Written comments in response of the government memorial, if necessary.

 

Moderators:

 

Judges:

First draft of judgment on case No. 2

 

 

 

 

 

 

 

 

 

 

Moderators:

 

15.10 15.45

Coffee break

15.45 17.00

Continuation

18.00

Dinner

         

 



 

Thursday 2 December

Group A

Group B

Group C (Judges)

09.00 10.30

 

Lawyers for the government in case 2

Preparation for the court hearing

 

Moderators:

 

Lawyers for the government in case 1

Preparation for the court hearing

 

Moderators:

 

Judges:

 

Finalizing draft judgment on case No. 1

 

Moderators:

 

10.30 10.45

Coffee break

10.45 12.30

Continuation

12.30 13.30

Lunch

13.30 14.30

Preparation for the hearing

14.30 15.30

"Hearing" of case No. 1

15.30 15.45

Coffee break

15.45 16.45

"Hearing" of case No. 2

18.00

Dinner

  


 

Friday 3 December

 

 

 

09.00 10.30

Judges finalise the drafting of their judgements.

Participants roam or reed

10.30 10.45

Coffee break

10.45 12.30

Continuation

12.30 13.30

Lunch

13.30 15.00

Pronouncement of the decision in cases No. 1 and No. 2 by the "Court"

Discussion

 

15.00 15.15

Coffee break

15.15 16.15

Overview of the session. Evaluation of the workshop by the moderators. Participants asked to share their impressions of the programme. Final remarks by the organisers of the training programme.

19.00 -

Dinner/Party

 

Saturday 4 December

 

 

 

Departure of participants and trainers

 

 

Experts and Moderators

Practical Training 22 November 3 December 2004

 

Barbara Cohen - Expert

Barbara Cohen is an independent discrimination law consultant who has been working with the equality commissions, public authorities and NGOs in the UK, EU and Central and Eastern Europe on drafting, implementing and enforcing anti-discrimination laws. Barbara was Head of Legal Policy at the Commission for Racial Equality in London. She has also worked as a solicitor in private practice specializing in anti-discrimination and criminal defence and for a London local authority. She is vice chair of the Discrimination Law Association, an organization of practitioners concerned to improve legal rights of victims of discrimination.

 

 

Kevin Kitching - Expert and Moderator

Kevin Kitching works for INTERIGHTS, as Legal Officer for Central and Eastern Europe and former Soviet Union. He has a Degree in Law from University College Dublin (1994), LLM in International and Comparative Law from University of Brussels (1996) and Higher Diploma in Business Studies from University College Dublin (1997). Kevin joined INTERIGHTS as interim Legal Officer for Central and Eastern Europe in September 2004. Before joining INTERIGHTS, he worked as a human rights legal consultant for international human rights NGOs.  In particular, he was chief author and editor of INTERIGHTS training guidelines on Article 14 of the European Convention on Human Rights and of INTERIGHTS International Discrimination Law Handbook.  Kevin has also worked for a number of years as an attorney-at-law in New York and is a member of the Irish and New York Bars and of the Law Society of England and Wales.

 

 

Niels-Erik Hanssen - Expert

Niels-Erik Hanssen is Executive Director of the Documentation and Advisory Centre on Racial Discrimination DACoRD. As a legal counsellor he has assisted several complainants to file petitions to the UN Committee on the Elimination of All Forms of Racial Discrimination. Presently DACoRD has 3 pending cases with the CERD. In two of the previous cases of DACoRD against Denmark the Committee has found violation of the ICERD.

 

Iain Byrne - Expert

Iain Byrne is a Commonwealth Law Officer of INTERIGHTS and Visiting Fellow of the Human Rights Centre, Essex University. Editor of the Commonwealth Human Rights Law Digest. He worked extensively abroad as consultant and lecturer on Human Rights and good governance for the British Council and the UN including Zimbabwe, Palestine, Sri Lanka, Georgia and Brazil. Furthermore he participated in the first international mission to Israel and the Occupied Territories during the 2000 intifada.

 Kristin Henrard - Expert

Kristin Henrard is senior lecturer at the University of Groningen where she teaches Human Rights, refugee law and constitutional Law. She is furthermore academic coodinator of the Human Rights specialization within the existing LLM in International and European Law. From February 2005 onwards she will be working on her VIDI-project which was reported by N.W.O. regarding the implications for minority protection of the Race Directive.

 

Deirdre Fottrell - Expert

Deirdre Fottrell is a lecturer in international Human Rights Law at the University of Essex and a practicing barrister at Coram Chambers in London.  She specializes in international Human Rights Law with a focus on the Human Rights of children and women and also the European Convention on Human Rights. She is the author of books and articles on human rights under international law and has participated in COE training programmes in Eastern Europe and the former Yugoslavia.

 

Kevin Boyle - Expert

Kevin Boyle is a professor of law at the Human Rights Centre University of Essex and has practiced before the European Court of Human Rights, including a series of cases involving Turkish Kurds.  In 2001-2 he worked at the United Nations as senior adviser to the High Commissioner for Human Rights Mary Robinson.

 

Ugur Erdal - Expert

Ugur Erdal is a lawyer in the Registry of the European Court of Human Rights. He mainly deals with cases lodged against Turkey. He handles correspondence with the applicants, draft decisions and judgments and sometimes assist judges in their research.

 

Agnes van Steijn - Expert

Agnes van Steijn works as a lawyer in the Registry of the European Court of Human Rights. She mainly handles cases which have been lodged with the Court against the Netherlands. In brief, this entails corresponding with applicants and drafting decisions and judgments to be adopted by the Court.

Janneke Bockwinkel - Moderator
Janneke Bockwinkel studied Netherlands Law at Utrecht University, specializing in Civil Law and Administrative Law. She graduated in 1999. In 2000 she was admitted to the training programme for a career in the judiciary. She has served internships with the Regional Court of 's-Hertogenbosch and the Public Prosecution Service. Since 1 April 2004 she has been working, also as part of her training, at the Registry of the European Court of Human Rights in Strasbourg.

 

 

Donncha OConnell - Moderator

Donncha OConnell is a qualified Barrister and Lecturer in Law at the Faculty of Law, National University of Ireland, Galway where he teaches European Human Rights and Constitutional Law. From 1999-2002 he was the Director of the Irish Council for Civil Liberties, a leading Human Rights NGO affiliated to FIDH. He is the Irish member of the EU network of Independent Experts on Fundamental Rights, established by the European Commission.

Andrea Coomber - Moderator

Andrea Coomber is the Legal Officer for the Equality Programme at Interights, supporting discrimination cases before international bodies and training lawyer and judges on International Law relating to equality. Before joining Interights, Andrea worked as a Human Rights lawyer in South India, Egypt and in the UN system in Geneva.

Yonko Grozev - Moderator

Yonko Grozev studied Law at the Sofia University, which he graduated in 1991 and at Harvard Law School, where he graduated an LL.M program in 1995. He is a member of the Sofia Bar Association since 1993. At present he works for the Bulgarian Helsinki Committee, a Human Rights group, representing victims of Human Rights violations both in Bulgaria and before the European Court of Human Rights. He represents clients in more than 40 complaints with the European Court of Human Rights raising among other issues of police ill-treatment, death in custody, illegal police detention, illegal detention of mentally ill, unlawful deportation, freedom of speech, religion and assembly. He had represented the applicants in ten cases already decided by the European Court of Human Rights, which has found violations in those cases of the right to life, the prohibition of torture, freedom of religion, right to personal and family life, unlawful depravation of liberty. He has also participated as trainer in Human Rights programs for practicing lawyers in the Netherlands, Bulgaria, Russia, Ukraine and Georgia.

 

 Peter Kempees - Moderator

Peter Kempees was a case-lawyer at the European Court from 1992 until 1998. At present, he is Legal Secretary at the European Court of Human Rights and intermittent Registrar of the Human Rights Chamber for Bosnia and Herzegovina.

 Kevin Kitching - Expert and Moderator

Kevin Kitching works for INTERIGHTS, as Legal Officer for Central and Eastern Europe and former Soviet Union. He has a Degree in Law from University College Dublin (1994), LLM in International and Comparative Law from University of Brussels (1996) and Higher Diploma in Business Studies from University College Dublin (1997). Kevin joined INTERIGHTS as interim Legal Officer for Central and Eastern Europe in September 2004. Before joining INTERIGHTS, he worked as a Human Rights legal consultant for international Human Rights NGOs.  In particular, he was chief author and editor of INTERIGHTS training guidelines on Article 14 of the European Convention on Human Rights and of INTERIGHTS International Discrimination Law Handbook.  Kevin has also worked for a number of years as an attorney-at-law in New York and is a member of the Irish and New York Bars and of the Law Society of England and Wales.

 
 
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