International Human Rights Law Clinic
In an era of rapid change caused by rising global interdependence, the International Human Rights Law Clinic (IHRLC) at the UC Berkeley School of Law pursues a dual mission: promoting justice at home and abroad and training attorneys for a changing profession. IHRLC marshals the resources of the faculty and students of UC Berkeley to advance the struggle for human rights on behalf of individuals and marginalized communities. It clarifies complex issues, develops innovative policy solutions, and engages in vigorous advocacy. At the same time, IHRLC prepares graduates for an increasingly diverse, competitive, and international legal profession. One of the leading human rights clinics in the country, IHRLC takes advantage of its home in California, the largest and most diverse state in the nation, and builds on Berkeley Law’s commitment to international engagement. Since 1998, IHRLC has completed dozens of projects and trained over 200 students. Learn about the latest clinic news below or read our publications.
New Report on Urgent Measures Issued by Human Rights Bodies
OAS Official Photo
BERKELEY, CA. – December 7, 2012 – The Inter-American Commission on Human Rights (IACHR) is the primary human rights organ of the Organization of American States (OAS), the oldest regional body in the world. It serves as the last recourse to justice for people of the Americas. As part of its mission to promote human rights, the IACHR has issued emergency orders, called precautionary measures, to protect thousands from grave harm. However, this response to urgent human rights situations has recently come under intense scrutiny by OAS Member States and is the focus of recent proposals to curtail the powers of the IACHR.
The International Human Rights Law Clinic (IHRLC) in collaboration with the Center for Justice and International Law (CEJIL) conducted a comparative study on the use of precautionary measures by international human rights bodies. The report analyzes the international legal framework regarding precautionary measures and compares the standards and practices of the IACHR to those of other human rights bodies. The report covers legal trends with respect to sources of authority, procedural mechanisms, and the scope of rights protected.
The IACHR has used precautionary measures for decades in a variety of contexts in which individuals were at grave risk of immediate and irreparable harm. For example, the IACHR has ordered States to halt executions, safeguard the property rights of indigenous peoples, and to protect judges, witnesses and human rights defenders.
The study concludes that the approach of the IACHR is consistent with international practice. The reforms proposed by the Permanent Council are not required for the IACHR to harmonize its standards and practices with those developed by all other human right bodies.
This report was presented at a meeting of civil society before the OAS Permanent Council on December 7, 2012, at the headquarters of the regional body in Washington, D.C.
READ THE REPORT HERE - (pdf)
New Report Details Abuse and Discrimination Against LGBT Community in El Salvador
BERKELEY, CA. – July 5, 2012 – A police officer in El Salvador raped a young woman. When the victim, a transgender woman named Karla, went to report the crime, the police told her that such an incident was “impossible,” and no investigation was conducted.
Karla’s story of abuse and marginalization is not unique among El Salvador’s LGBT community, and it provides a window into the social and legal standing of LGBT individuals in the Central American nation.
Karla’s voice is one among many LGBT individuals interviewed for a new report, “Sexual Diversity in El Salvador: A Report on the Human Rights Situation of the LGBT Community.” The report, by the International Human Rights Law Clinic at UC Berkeley School of Law, provides an in-depth look at the abuse and discrimination perpetrated against LGBT individuals and the precarious legal protections they are currently afforded. IHRLC Clinical Instructor Allison Davenport directed the research project, which was conducted over the course of a year, including an IHRLC fact-finding mission to El Salvador in February 2011.
Salvadoran society is still emerging from the effects of a bloody civil war that ended in 1992 and left more than 75,000 dead. It’s also struggling with epidemic levels of crime and rampant impunity. The LGBT community faces not only these challenges, but also a strong social stigma and increased vulnerability to violence and discrimination. “While El Salvador is still a country in transition,” noted Davenport, “the recognition and protection of LGBT rights is critical to strengthening the overall social and democratic fabric of the country.” The report identifies attacks by law enforcement as well as private individuals, lack of equal access to health care, and barriers to education and employment as areas of urgent concern.
As Karla’s story highlights, a lack of investigation and accountability for abuses reinforces the LGBT community’s vulnerability. During 2009 alone, the report recounts, 23 LGBT individuals were murdered, their bodies often bearing signs of torture. To date, no one has been prosecuted for any of these crimes. Among the report’s recommendations is a call for the police and the Salvadoran Attorney General’s Office to open an investigation of these and other acts of violence against LGBT individuals.
The government has made some advances to recognize and respect LGBT rights. Presidential Decree 56, issued in 2010, prohibits discrimination based on sexual orientation or gender identity by government employees. “While Decree 56 is a major step forward, unfortunately its impact has been limited because it hasn’t been widely disseminated among public employees and they haven’t been trained to ensure its implementation. Significant gaps in the law and in enforcement remain,” said Davenport. The report recommends measures to stem widespread discrimination, violence, and harassment; strengthen and aggressively implement legal protections; and increase accountability for abuses.
The report describes unequal treatment by public health care providers and law enforcement, but also reveals widespread and unchecked discrimination against LGBT individuals in the private sector. LGBT individuals reported to IHRLC researchers that they were harassed at work, where they were called names, given undesirable tasks, and in some cases fired. “Without clear legal protections, most abuses in the private sector go unaccounted for and therefore continue unabated,” said Davenport. The report recommends passage of anti-discrimination legislation and a Constitutional amendment to ensure that LGBT Salvadorans enjoy the same legal protections as other groups in the country.
The report emphasizes the particularly acute forms of discrimination that transgender individuals face. Educational institutions were found to either reject outright transgender applicants due to their gender identity, or require them to alter their appearance and conform to the information contained in their national identity document (“DUI”). “This type of discrimination against the transgender community is rampant and results in their systemic marginalization,” commented Davenport. “The solution,” she added, “lies in legislation recognizing the right to identity that provides a mechanism by which Salvadorans can legally change their name and gender, allowing them to freely pursue education and employment opportunities.”
In keeping with IHRLC’s mandate, “Sexual Diversity in El Salvador: A Report on the Human Rights Situation of the LGBT Community” provides advocates, government officials, and affected communities with a comprehensive analysis of the current situation and the applicability of relevant domestic, regional and international laws.
To download a copy of the report, click here for a pdf in English or in Spanish.
For more information, please contact: Allison Davenport, Clinical Instructor, International Human Rights Law Clinic, 510-642-4139, adavenport@law.berkeley.edu