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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 O’Connell
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 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 |
|
|
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
O’Connell - Moderator
Donncha
O’Connell 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.
Âû çäåñü: Ãëàâíàÿ
/ Íîâîñòè / Áèáëèîòåêà
/ Ñóäåáíûå äåëà /
Åâðîïåéñêèé
Ñóä / Èçó÷àåì Åâðîïåéñêóþ Êîíâåíöèþ
/ Äîêóìåíò |
