United Nations Convention Against Torture

Prominent Black Attorney, Zulu Ali, Wins Landmark Case in U.S. Federal Court of Appeals on Claims Under the United Nations Convention Against Torture

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Wednesday, October 4, 2023
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Consequently, Blancas Hermosillo was denied a hearing and never had the opportunity to fully present his case in light of his expression of fear.

Key Points: 
  • Consequently, Blancas Hermosillo was denied a hearing and never had the opportunity to fully present his case in light of his expression of fear.
  • The court agreed with attorney Ali and remanded the case with instructions to provide a hearing under the United Nations Convention Against Torture before a judge.
  • The decision establishes the standard as to the right to present a claim under the United Nations Convention Against Torture before a judge.
  • Persons seeking protection under the United Nations Convention Against Torture, like my client Mr. Blancos Hermosillo, have long been denied their rights.

Hausfeld Joins the UN Committee on the Rights of the Child to Call on Member States to Take Action After the First Guidance on Children's Rights and the Environment, with a Focus on Climate Change, is Issued

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Monday, August 28, 2023
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26, an authoritative guidance to Member States on what they must do to uphold children’s rights to a clean, healthy, and sustainable environment.

Key Points: 
  • 26, an authoritative guidance to Member States on what they must do to uphold children’s rights to a clean, healthy, and sustainable environment.
  • Climate change is a global threat to human rights, with children bearing the brunt of its consequences.
  • The General Comment addresses the rights that are already breached or under threat from environmental degradation and climate change.
  • It also clarifies the obligation of Member States, and the role of the business sector, in upholding and protecting these rights.

Criminalising and prosecuting torture could deter practices such as solitary confinement in detention

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Tuesday, August 1, 2023
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Some people in Australian prisons and police stations are being subjected to treatment that could amount to torture.

Key Points: 
  • Some people in Australian prisons and police stations are being subjected to treatment that could amount to torture.
  • Last year, the UN Committee Against Torture recommended Australia end the use of spit hoods and prohibit solitary confinement of children.
  • Prohibiting the solitary confinement of children in detention centres is proving to be an even slower process.

The harms of solitary confinement

    • Solitary confinement of detained children and adults with “mental or physical disabilities when their conditions would be exacerbated by such measures” is also prohibited under the rules.
    • Solitary confinement has been proven to cause long-term harm such as anxiety, depression, cognitive disturbances, paranoia and psychosis.
    • In 2018, Human Rights Watch reported on the use of prolonged solitary confinement in Western Australia, where a woman with a disability was held in solitary confinement for 28 days.
    • Solitary confinement was also used in Australian prisons and youth detention during the pandemic, ostensibly to prevent the spread of COVID.

Torture is a crime and needs to be properly investigated and punished

    • An international study on torture prevention found that, even in countries where torture is criminalised, prosecutions are rare.
    • The UN Committee Against Torture has recommended Australia implement protections against retaliation for reporting torture.
    • The recently updated Istanbul Protocol also provides guidance on documenting and investigating torture, which the UN Committee Against Torture recommends Australia follow.

Concrete outcomes for victim-survivors

    • Under the UN Convention Against Torture, the obligation to provide redress should include “restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition”.
    • If someone dies as a result of being tortured, the obligation to provide redress should then be extended to their families or dependants.
    • While coronial inquests into deaths in custody can identify ill-treatment, they can not order compensation for victims’ surviving families.

A prohibition on torture is not enough

    • But this will not guarantee Australia will honour international obligations to criminalise torture, prosecute torture and provide redress for victim-survivors.
    • Prosecuting torture and providing redress to victim-survivors should be a priority in Australia, especially given the immense power imbalance between governments and incarcerated people.

Time to abolish the Canadian law that allows adults to spank and hit children

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Tuesday, April 18, 2023
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Some Canadians are not aware of this and are surprised to learn that such a law exists, whereas others want to hold onto this archaic act.

Key Points: 
  • Some Canadians are not aware of this and are surprised to learn that such a law exists, whereas others want to hold onto this archaic act.
  • A growing number of Canadians, however, are aware of the law and understand the need to have Section 43 abolished.
  • The real question is why hasn’t our country already removed permission to hit children from the Criminal Code of Canada?

Why corporal punishment should never be used

    • The United Nations Committee on the Rights of the Child defines corporal punishment (also referred to as physical punishment) as punishment that uses physical force that is intended to cause pain or discomfort even if it is very mild or light.
    • Corporal punishment can include hitting, spanking, smacking, slapping, kicking, shaking, scratching, pinching or biting, among other physical acts.
    • Because of serious concerns about the significant negative outcomes associated with corporal punishment, the American Academy of Pediatrics published a statement in 2018 clearly recommending against any physical punishment, including spanking, hitting and slapping.

Barriers to repealing Section 43

    • The question remains: Why hasn’t Canada already repealed Section 43 of the Criminal Code?
    • Many children, youth and adults experience numerous poor outcomes across their lifespan related to being spanked in childhood.
    • A common misconception related to the repeal of Section 43 is that laws banning corporal punishment will mean criminalization and incarceration of parents.

Evidence of changing public attitudes

    • Importantly, research from several countries indicates that legislation prohibiting corporal punishment may be the most effective method of reducing public support for the use of corporal punishment.
    • Bans alone may not be sufficient; they should be enacted in combination with public awareness and education campaigns.
    • Tracie O. Afifi receives funding from the Canadian Institutes of Health Research, Canada Research Chairs, and the Public Health Agency of Canada for work related to her program of research.

National Press Club: Russia's Solitary Confinement of Evan Gershkovich Is Torture

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Thursday, April 13, 2023
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WASHINGTON, April 13, 2023 /PRNewswire/ --  Following is a statement from Eileen O'Reilly, president of the National Press Club, and Gil Klein, president of the National Press Club Journalism Institute, on the solitary confinement of Wall Street Journal reporter Evan Gershkovich.

Key Points: 
  • WASHINGTON, April 13, 2023 /PRNewswire/ --  Following is a statement from Eileen O'Reilly, president of the National Press Club, and Gil Klein, president of the National Press Club Journalism Institute, on the solitary confinement of Wall Street Journal reporter Evan Gershkovich.
  • "Reporter Evan Gershkovich has now been held in solitary confinement in Moscow for more than two weeks.
  • The United Nations Convention on Torture defines solitary confinement of longer than 15 days as torture.
  • Evan is not only being wrongfully detained, he is also being tortured through solitary confinement and isolation.

3 Greenberg Traurig Shareholders Named to Crain's Chicago Business 2023 Notable Litigators and Trial Attorneys List

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Monday, March 13, 2023
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CHICAGO, March 13, 2023 /PRNewswire-PRWeb/ -- Francis A. Citera, Tiffany S. Fordyce, and Gregory E. Ostfeld, shareholders in global law firm Greenberg Traurig, LLP's Chicago office, were named 2023 Notable Litigators and Trial Attorneys by Crain's Chicago Business.

Key Points: 
  • Francis A. Citera, Tiffany S. Fordyce, and Gregory E. Ostfeld, shareholders in global law firm Greenberg Traurig, LLP's Chicago office, were named 2023 Notable Litigators and Trial Attorneys by Crain's Chicago Business.
  • CHICAGO, March 13, 2023 /PRNewswire-PRWeb/ -- Francis A. Citera , Tiffany S. Fordyce , and Gregory E. Ostfeld , shareholders in global law firm Greenberg Traurig, LLP 's Chicago office , were named 2023 Notable Litigators and Trial Attorneys by Crain's Chicago Business.
  • According to Crain's, the 2023 Notable Litigators and Trial Attorneys list is made up of more than 70 of the top practitioners in Chicago with major accomplishments in the courtroom who also devote time to pro bono work, community involvement, and professional organizations.
  • Fordyce is chair of Greenberg Traurig's Chicago Labor & Employment Practice and co-chair of the practice's Diversity, Equity and Inclusion group.