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Publicación Summary: Protecting Human Rights on the Ground. Case Studies on the Origin and Development of OHCHR Country Offices and their Relevance for the Situation in VenezuelaLigia Bolívar Osuna; Lucía Ramírez BolívarThe following is a summary of the findings and conclusions of a comparative study regarding OHCHR country offices in four locations (Cambodia, Colombia, Guatemala and Tunisia). The study ultimately aims to generate reflections derived from these comparative experiences for the case of Venezuela. The study’s methodology included document review and conducting interviews with around 60 officials and former officials of OHCHR, human rights defenders from the four countries studied and from Venezuela, representatives of international human rights NGOs, officials of the United Nations system with knowledge of the situation in Venezuela and former officials of public institutions of the countries studiedPublicación Protecting Human Rights on the Ground. Case Studies on the Origin and Development of OHCHR Country Offices and their Relevance for the Situation in VenezuelaLigia Bolívar Osuna; Lucía Ramírez BolívarDuring the investigation, the presence of OHCHR completed its first six months in Venezuela, so a consultation with human rights defenders in the country was included to assess this experience. Being the first comparative research in this field, its findings are equally of interest to other audiences beyond Venezuela. Following the proposal to create in Venezuela a country office of the United Nations High Commissioner for Human Rights (OHCHR), the need arises to explore some experiences that can provide insights to those who, from civil society in general and the human rights movement in particular, have an interest in promoting a process of greater presence and monitoring by the international human rights system in Venezuela, so that this process is the product of informed and strategically considered decisions. This study identifies processes, strategies, lessons and practices that may or may not be applicable to the situation in Venezuela, based on a comparative analysis of the experience of four OHCHR country offices with different characteristics and contexts, but with elements of interest for the Venezuelan case: Cambodia, Colombia, Guatemala and Tunisia. The purpose is to provide elements to the national human rights movement and other interested parties in Venezuela, for the design of a realistic and coordinated advocacy strategy against the different actors involved: the UN human rights system, government, other interested States and donors. During the investigation, the presence of OHCHR completed its first six months in Venezuela, so a consultation with human rights defenders in the country was included to assess this experience. Being the first comparative research in this field, its findings are equally of interest to other audiences beyond Venezuela.Publicación The Intersection of Migration with Authoritarian and Illiberal Tendencies: Contextualized in Latin America and the Middle EastChristy Baile Crouse; Nur Elçik Sari; Jessica Corredor VillamilDemocratic and authoritarian governments alike may respond to migrant flows with authoritarian and illiberal tendencies. These practices tend to negatively impact the inclusion, protection, and humane treatment of migrants. We view this as a problem; migration or the movement of people is a reality, and the response to this reality is a choice that countries are faced with constantly. We wish to better understand the factors that trigger or mitigate these authoritarian and illiberal responses to migration. This exploratory, theoretical study engages with the nuance of both migration and authoritarian tendencies to provide a wide and conversation-starting introduction to the intersection of these topics. For this research, we focus on Latin America and the Caribbean (lac) and the Middle East and North Africa (mena), with examples from Venezuela, Colombia, Mexico, Turkey, and Lebanon. These two regions are currently experiencing major migration crises. Our study aims to contribute to the conversation and debate about the ways in which countries respond with authoritarian or illiberal tendencies to migrant flows into, out of, or through them. Our guiding questions include: How are migration flows revealing and provoking authoritarian and illiberal tendencies in countries with different levels of democratic development? What are the illiberal and authoritarian tendencies that we observe in the responses to migrant flows of countries with differing levels of democracy? What are the authoritarian and illiberal practices that contribute to migrants’ low acceptance and integration in destination countries? What factors trigger, or mitigate, these tendencies in both receiving and sending countries? These questions help us explore the relationship between migration and authoritarian and illiberal tendencies. Our findings identify certain factors that we believe either trigger or mitigate such tendencies.Publicación Gender Discrimination in Football. Building a Toolbox Toward Gender Equity in the Beautiful GameRachel Davidson Raycraft; Rebecca Robinson; Jolena ZabelThe importance of gender and gender-based categorizations cling to the world of sport like no other realm of culture or society in the twenty-first century. While presented as natural, logical, and innate, the differential treatment of men and women and boys and girls in the world of sport is largely the product of over a century of global socialization intent on preserving sport as a male-dominated pastime, lifestyle, and avenue of opportunity. As the most popular sport worldwide, football (or soccer) may be the poster child for lingering gender disparities in sport. Despite women’s presence on the pitch since the turn of the twentieth century, governments and football associations have proactively suppressed their ability to participate in the game through gender stereotypes, underinvestment, precarious professional opportunities, and disrespect. This report describes the various manifestations of gender-based discrimination that shape the game of football today, the role the Fédération Internationale de Football Association (FIFA) plays in perpetuating this discrimination, and existing avenues for remedy (or lack thereof). The report concludes with key takeaways from the fight for gender equality to date, with an eye toward building a more just world of sport in the years to come.Publicación Fraught with Pain: Access to Palliative Care and Treatment for Heroin Use Disorder in ColombiaIsabel Pereira-Arana; Lucía Ramírez BolívarThis books seeks to facilitate linkages between discussions on the right to health and discussions on drug policy reform. The populations we talk about here are the noes most in need of a change whereby drug culture measures cease to stand in the way of a life free from pain. The suffering and pain experienced by people with terminal illnesses and people with heroin use disorder can be alleviated through opioids. At the same time, the enforcement of international drug control treaties means that these medicines are subjected to strict controls that create excessive red tape and contribute to generalized fear among patients and health professionals concerning these medicines’ use. Although many opioids are included in the World Health Organization’s list of essential medicines, the fact that they are controlled substances means that in practice, the right to health of these two populations often is violated. Fraught with Pain offers a diagnosis of five Colombian cities with regard to the barrieres that both populations—patients at the end of life and individuals with heroin use disorder—face when trying to access opioids. The hurdles they encounter can be grouped into four categories: 1. Structural failings of the Colombian health system 2. A lack of institutional capacity to mantain sufficient opioid stocks in small and medium cities 3. A lack of specialized training among health professionals in small and medium cities on the issues of palliative care and psychoactive substance use disorders 4. Stigma surrounding opioids and the people who use them Analyzing the enjoyment of the right to health among these two groups of people would seem ill advised, for what could they and the health care they receive possibly have in common? However, this book argues that someone facing the end of life and someone with a heroin use disorder actually face similar challenges: they are both in need of the same controlled substances; they both require interdisciplinary treatment that extendes beyond opioids; they both seek health services during moments of extreme vulnerability; and they are both often treated negligently by health systems that are ill equipped to handle death and drug dependence. Fraught with Pain seeks to facilitate linkages between discussions on the right to health and discussions on drug policy reform. The populations we talk about here are the noes most in need of a change whereby drug culture measures cease to stand in the way of a life free from pain. Descripción tomada de: https://www.dejusticia.org/en/publication/fraught-with-pain-access-to-palliative-care-and-treatment-for-heroin-use-disorder-in-colombia/Publicación Making Social Rights Real: Implementation strategies for Courts, Decision Makers and Civil SocietyCésar Rodríguez Garavito ; Celeste KauffmanGiven the disappointing implementation levels in various countries and across human rights systems, this guide seeks to contribute to the discussion regarding strategies for courts, international decision-makers, and civil society to increase the implementation of ESCR decisions. For generations, human rights defenders have struggled to secure recognition of economic, social and cultural rights (ESC rights) and ensure their justiciability in national, regional and international courts, a struggle that has been very successful. National courts around the world, including in Colombia, India, South Africa and Kenya, are expressing their views on ESC rights on a regular basis, and several countries have explicitly included the justiciability of ESC rights in their constitutions. Regional tribunals such as the Inter-American Court of Human Rights and the African Commission on Human and Peoples’ Rights now consider petitions on ESCR. At the international level, in 2013, the Optional Protocol to the International Covenant on Economic and Social Rights entered into force, allowing the Committee on Economic and Social Rights to hear individual complaints concerning violations of ESC rightsPublicación Negotiating from the Margins: Women’s Participation in Colombian Peace Processes (1982–2016)Nina Chaparro González; Margarita Martínez OsorioIn this book, we offer an examination of and recommendations for women’s participation in Colombia’s peace processes, with an eye toward strengthening spaces for participation and, in doing so, ensuring that the peace accord is ultimately translated into long-term social pacts that are inclusive and committed to justice and equity.Publicación Sarayaku before the Inter-American Human Rights System: Justice For the People of the Zenith and their Living ForestMario Melo CevallosHow was it possible for an indigenous people in the middle of the Amazon to protect their life and territory from oil exploitation? What was the response of the Government of Ecuador to the claims of the Sarayaku people? How is a human rights strategy developed at different geographical levels? In this text, Mario Melo Cevallos, lawyer of the Kichwa people of Sarayaku, addresses these questions by presenting his version of the history of resistance and mobilization of the indigenous people before the State plans to exploit the oil that was in the heart of the Amazon. From the jungle, through the national courts, to the inter-American human rights system, the author shows the different sources of political and legal mobilization used by the people. Based on the work of more than a decade that Melo has done with the descendants of the jaguar, the book combines anecdotal references with judicial decisions and social mobilizations to show the story behind one of the most important sentences of the Inter-American Court of Human Rights. Undoubtedly, the case of the Sarayaku people is a symbol for the other indigenous peoples of the Global South. Your experience, we hope, will serve as an example for all indigenous peoples who mobilize against the expansion of the extractive border over their territories. Descripción tomada de: https://www.dejusticia.org/publication/the-sarayaku-and-the-inter-american-system-on-human-rights-justice-for-the-medio-dia-people-and-their-living-jungle/Publicación Victims and press after the war: Tensions between privacy, historical truth and freedom of expressionVivian Newman-Pont; María Paula Ángel Arango; María Ximena Dávila ContrerasThe drive to conduct this research was born out of the tension that developed on May of 2017 in the context of the journalistic coverage of the exhumations of those who died in the Bojayá massacre. Thus, this document has the purpose of asking and answering, from a socio-legal perspective, the following question: How can the events related to the armed conflict and to the transition to peace be narrated without violating the right to privacy of the victims? Or, how can a journalist record a dramatic event or recount an injuste that moves readers while respecting the limits of the private lives of the victims? To answer the question, this document examines the tensions between rights that can arise out of narrating the transition to peace as part of the journalistic profession, with the hope that the conclusion set forth is valid not only for the Bojayá case, but also in future transition years, as both victims and society in general benefit from a free and responsible press and the respect for private lives.Publicación Accountability of Google and other businesses in Colombia: The protection of personal data in the digital ageVivian Newman-Pont; María Paula Ángel ArangoIn this document we analyze the privacy policies of 30 companies with data-driven business models that collect data in Colombia and identify practices that have not been sufficiently contemplated by the personal data protection regime currently applicable in our country. But what has been done in Colombia to guarantee these rights in the digital economy framework? In this document, we explore the degree of preparedness of our legal personal data protection regime and data protection authorities for tackling the risks that the digital era poses to different values and rights, thereby holding accountable the companies with data-driven business models (DDBM). From the review of their privacy policies, we analyze the modus operandi of an illustrative sample of 30 DDBM, among which are included—for their economic, technological, and social power—the so-called GAFAM (Google, Apple, Facebook, Amazon, and Microsoft). After this analysis, we identify several practices that have not been sufficiently contemplated by the personal data protection regime currently applicable in Colombia, and whose regulation, in comparison with the European GDPR and the CCPA of California, has significant room for improvement. Likewise, we identify several shortcomings in the capacities of the Colombian data protection authorities in holding the DDBM accountable and therefore, propose some corrective measures. Descripción tomada y adaptada de: https://www.dejusticia.org/publication/accountability-of-google-and-other-data-driven-business-models-data-protection-in-the-digital-age/