NEWSLETTER N°158 • News • New case law Press release: June 30th 2011 • Agenda of the Polish Presidency Hungarian Presidency of the EU: now it’s assessment time, but let’s remain vigilant • Agenda of AEDH NEWS FROM JUNE 27TH JULY 1ST 2011 - ECHR: Italy to trial for discharging African immigrants to the sea - EU Summit spells the end of Schengen? - The INSEE corrects Guéant data on migrants’ children and school failure - Google faces another antitrust inquiry - Equality: Government wants to involve enterprises - UN resolution LGBT rights: top five flops in Europe - Przemyśl's double life - A Chinese chain immigration dismantled of irregular ECHR : Italy to trial for discharging African immigrants to the sea (23/06) The European Court of Human Rights (ECHR) has reserved its decision against Italy on Wednesday concerning a request supported by the representatives of Eritrean and Somali migrants who have been sent back to the high seas Libya in 2009. (Only available in French) Read the article » » EU Summit spells the end of Schengen? (25/ 06) The EU summit has concluded with leaders agreeing to tighten migration controls including a potential rollback of the Schengen accord, reintroducing border controls between states. Read the article » » - Europe drops poors - The war against drogue - One step up for the Angry Ones The INSEE corrects Guéant data on migrants’ children and school failure (27/06) - Hate This Speech - Anonymous CV: nice but ineffective - Giscard: Europe needs a people’s congress The National Institute of Statistics and Economic Studies (INSEE) presented on Monday data on the academic trajectories of immigrant children, contradicting statements made recently by the Minister of the Interior. (Only available in French) - Teachers, civil servants walk out over pensions European Association for the Defense of Human Rights Read the article » » 1 July 2011 Page 1 NEWSLETTER N°158 Google faces another antitrust inquiry ( 28/06) Google has this morning (28 July) learned it will be sued by a French company for €295 million, in yet another clash between the company's search and advertising business and rival websites. Read the article » » Equality: Government wants to involve enterprises (28/06) The Minister of Solidarity, Roselyne Bachelot, opens on Tuesday a conference to a better balance between work and family life. (Only available in French) Read the article » » UN resolution LGBT rights: top five flops in Europe (28/06) On 17 June, slap bang in the middle of Europe’s May-August ‘gay pride’ rallies, the United Nations approved its first ever resolution on LGBT rights, showing a new shift of recognition on a global level. Read the article » » Przemyśl's double life (28/06) Not far from the Ukrainian border, the small Polish town of Przemyśl is one of the eastern gates of the Schengen area. But people on both sides continue to keep up close ties, and small trade thrives under the tolerant eye of the customs officials. Read the article » » A Chinese chain of irregular immigration dismantled (28/06) A chain of chinese ilrregular immigration to France, Portugal and Great Britain has been dismantled by the specialized police of three countries, who have arrested seventeen people, officials said on Tuesday, June 28th . (Only available in French) Read the article » » Europe drops poors (28/06) The associations were expecting the news, but maybe not so fast. On 20th June the European Commission announced a radical reduction of grants awarded each year to the Member States in the field of food aid. (Only available in French) Read the article » » European Association for the Defense of Human Rights 1 July 2011 Page 2 NEWSLETTER N°158 The war against drogue, against French coming from immigration (28/06) France agrees finally with delay in the global debate that challenges the prohibitionist model developed by the U.S. government and President Nixon 50 years ago. (Only available in French) Read the article » » One step up for the Angry Ones (29/06) In having accepted to reopen the debate on transparency and property held by those in public office, it looks as if Spain's politicians are responding to some of the demands made by the Angry Ones movement. Read the article » » Hate This Speech (29/06) It might be hailed as one of Europe’s economic success stories, but Poland’s health and social services are crumbling, and its well-qualified youth are increasingly preferring exile over low-paid, futureless unemployment back home. Read the article » » Anonymous CV: nice but ineffective (30/06) Brussels conducted an experiment on anonymous CV: it is not conclusive but raised awareness among employers of discrimination. (Only available in French) Read the article » » Giscard: Europe needs a people’s congress (30/06) EU leaders are too focused on the short term of upcoming elections and lack a strategic vision to give new impetus to European integration and better connect with citizens, said Valéry Giscard d'Estaing in an interview with EurActiv. Read the article » » Teachers, civil servants walk out over pensions (30/06) The government faces a test of its determination to drive through its austerity programme when teachers and civil servants strike on Thursday over plans to reform public sector pensions. Read the article » » European Association for the Defense of Human Rights 1 July 2011 Page 3 NEWSLETTER N°158 NEW CASE LAW FROM JUNE 27TH TO JULY 1ST 2011 ECHR, June 28th 2011, Nunez v. Norway (application no 55597/09) This case was about the deportation of Mrs Nunez from Norway, her host country, to Dominican Republic, the country where she came from and also about the ban on coming back to Norway during a period of two years. These sanctions had been decided by Norwegian authorities due to the facts that she irregularly entered the country and applied for permit to reside with false papers. Before the Court, Mrs Nunez claimed that the deportation and her prohibition to enter the Norwegian territory, where her two daughters were living, led to a violation of her right to family life guaranteed by Article 8 of the Convention. Regarding the situation of Mrs Nunez, the Court considered that besides having built only slight links with her host country, the applicant was also in an irregular situation. As a consequence, she could not reasonably expect to be entitled to stay. However, the Court decided to look into the case from the perspective of the interest of her children rather than dismiss her application. Regarding the children’s situation, the Court noticed that Mrs Nunez’s daughters were born and have always been living in Norway with their mother who was taking care of them alone after she separated from her partner. The Court therefore pointed out that if the ban on entering Norway for two years was to be effectively applied; this would separate the daughters from their mother for a too long period of time for young children, all the more so as nothing guaranteed that Mrs Nunez would be able to come back after such a long period of time. The Court decided that Norwegian authorities did not enough take into account the interests of the applicant’s children and therefore, did not provide the right balance between the interests of the migration control efficiency and the interests of the applicant to be entitled to stay in Norway so that she will be able to maintain her relationship with her daughters for their best interest. The court therefore held that the applicant’s deportation and ban on entering the Norway during two years would constitute a breach of Article 8 of the Convention. ECHR, June 28th 2011, Sufi and Elmi v. United Kingdom (applications no 8319/07 and 11449/07) The applicants, Abdisamad Adow Sufi and Abdiaziz Ibrahim Elmi, both are Somali nationals who immigrated to United Kingdom and who are now waiting for their deportation to Mogadiscio. They claimed that their deportation to Somalia would expose them to risks of inhuman and degrading treatment which is prohibited by Article 3 of the Convention. In its ruling, the Court first affirmed that, according to information it has, the level of violence in Mogadiscio was high enough to expose anyone who is in the Somali capital to an actual risk of inhuman and degrading treatment under Article 3, unless this person has high-level relationships or close parents who can help, failing which, deported persons would be placed in camps for displaced people or refugees. The Court considered that life conditions in these camps were terrible enough to fall into scope of Article 3. Since the Court pointed out that if the applicants were deported, they will certainly end up into such a camp, it therefore held that their deportation would breach Article 3 of the Convention. . European Association for the Defense of Human Rights 1 July 2011 Page 4 NEWSLETTER N°158 AGENDA OF THE POLISH PRESIDENCY FROM JULY 4TH TO JULY 8TH 2011 Informal Meeting of Ministers for Employment and Social Policy 07 July 2011, Sopot Read more here » » Internation Conference « Volunteering Democracy » 08 July 2011, Bydgoszcz Read more here » » AGENDA OF AEDH FROM JULY 4TH TO JULY 8TH 2011 NGO bainstorming on European Commission consulatation on detention 7 July 2011, Brussels AEDH rue de la Caserne 33 1000 Brussels Belgium Phone: +32 (0)2 511 21 00 Fax: +32 (0)2 511 32 00 Mail: [email protected] Website : www.aedh.eu European Association for the Defence of Human Rights 1 July 2011 Page 5
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