Article 14

Portuguese youths sue 33 European governments at EU court in largest climate case ever

Retrieved on: 
Wednesday, September 27, 2023

A little over three years ago, a group of Portuguese youths filed a legal action against 33 European governments to the European Court of Human Rights (ECHR) over what they say is a failure to adequately tackle global heating.

Key Points: 
  • A little over three years ago, a group of Portuguese youths filed a legal action against 33 European governments to the European Court of Human Rights (ECHR) over what they say is a failure to adequately tackle global heating.
  • Now, the Strasbourg court will be hearing them on 27 September, in a novel, far-fetching bid to arm-twist them into taking climate action.

The claim

    • Plaintiffs expressed their grave concern over governments’ insufficient efforts to limit global warming to 2°C above pre-industrial levels.
    • Were the rest of the world to mirror their commitments, the global temperature would hike by 2 to 3°C, according to Climate Tracker.

Human rights to the rescue of climate justice

    • Against a global backdrop of increasing climate litigation, the Duarte Agostinho application follows in the steps of other climate lawsuits to draw a clear link between human rights violations and climate change.
    • The first to have blazed that trail in 2015 was the Urgenda Foundation, whose legal action compelled the government to cut emissions by 25% from 1990 levels on the grounds of its applicants’ human rights.
    • They also claim to suffer from anxiety after wildfires in Portugal in 2017 killed more than 120 people.
    • In the absence of a specific article on environmental protection, these articles are essential tools for protecting people against various forms of pollution and other nuisances.
    • The youths also argue that governments, in failing to take bold climate action, have breached Article 14, which guarantees the right not to suffer discrimination in the “enjoyment of the rights and freedoms set forth in this convention,” with the view that climate change impacts their generation in particular.

Ushering in effective action

    • To prevent this from happening again, young people will be banking on a range of principles from human rights, including that of effectiveness.
    • According to this postulate, states cannot remain passive in the face of a violation of the rights of individuals.
    • For the court, this principle originally offered a guarantee that states would implement the positive obligations of protection required by the convention.
    • The latter orders parties to take action to prevent a provision from being violated, even in a context of uncertainty.

The European court’s climate challenge

    • Because the ruling is set to be issued by the Grand Chamber, there will no possibility of appealing against it.
    • The question of its impact on the continent’s climate justice also remains to be seen.
    • However, it could sharpen states’ resolve in climate and human rights’ matters.

Portuguese youths sue 32 European governments at EU court in largest climate case ever

Retrieved on: 
Wednesday, September 27, 2023

A little over three years ago, a group of Portuguese youths filed a legal action against 32 European governments to the European Court of Human Rights (ECHR) over what they say is a failure to adequately tackle global heating.

Key Points: 
  • A little over three years ago, a group of Portuguese youths filed a legal action against 32 European governments to the European Court of Human Rights (ECHR) over what they say is a failure to adequately tackle global heating.
  • Now, the Strasbourg court will be hearing them on 27 September, in a novel, far-fetching bid to arm-twist them into taking climate action.

The claim

    • Plaintiffs expressed their grave concern over governments’ insufficient efforts to limit global warming to 2°C above pre-industrial levels.
    • Were the rest of the world to mirror their commitments, the global temperature would hike by 2 to 3C, according to Climate Tracker.

Human rights to the rescue of climate justice

    • Against a global backdrop of increasing climate litigation, the Duarte Agostinho application follows in the steps of other climate lawsuits to draw a clear link between human rights violations and climate change.
    • The first to have blazed that trail was the Urgenda Foundation in 2015, whose legal action compelled the government to cut emissions by 25% from 1990 levels on the grounds of its applicants’ human rights.
    • They also claim to suffer from anxiety after wildfires in Portugal in 2017 killed more than 120 people.
    • Governments, they argue, have failed to comply with their positive obligations under Articles 2 of the European Convention on Human Rights (Right to life):
      “Everyone’s right to life shall be protected by law.

Ushering in effective action

    • To prevent this from happening again, young people will be banking on a range of principles from human rights, including that of effectiveness.
    • According to this postulate, states cannot remain passive in the face of a violation of the rights of individuals.
    • For the Court, this principle originally offered a guarantee that states would implement the positive obligations of protection required by the Convention.
    • The latter orders parties to take action to prevent a provision from being violated, even in a context of uncertainty.

The European Court’s climate challenge

    • The ECHR takes on average two years to reach a decision, though this period may vary depending on the complexity of the case.
    • The question of the verdict’s impact on the continent’s climate justice also remains to be seen.
    • However, it could sharpen States’ obligations in climate matters and respect for human rights.

Africa's groundbreaking women's rights treaty turns 20 - the hits and misses of the Maputo protocol

Retrieved on: 
Sunday, July 16, 2023

The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol) is arguably the most progressive legally binding instrument on women’s and human rights instruments globally.

Key Points: 
  • The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol) is arguably the most progressive legally binding instrument on women’s and human rights instruments globally.
  • The Maputo Protocol provides for extensive and progressive women’s rights.

What does it mean for sexual and reproductive rights?

    • Articles 2 and 14 made specific provisions to protect the sexual and reproductive rights of women and girls.
    • Also, 22 out of 29 African countries practising female genital cutting now have national laws in place banning the practice.
    • Article 14 mandates member countries to ensure the right to health of women, including sexual and reproductive health.

Has it been effective?

    • Since the inception of the Maputo Protocol, most African countries have removed user fees for maternal health services in government-owned health facilities.
    • This has increased access to quality maternal healthcare services for marginalised women and girls.
    • The success of the Maputo Protocol in protecting and guaranteeing the rights of women and eliminating discrimination is quite remarkable.

What have its shortcomings been?

    • Twenty-four haven’t fulfilled their reporting obligation to the African Commission on Human and Peoples’ Rights.
    • For example, 11 countries (Cameroon, Seychelles, Sudan, South Africa, Burkina Faso, Gabon, Guinea-Bissau, Mali, Niger, Senegal, and Tanzania) permit girls below 18 years to marry.
    • But sexual and gender-based violence, child marriage and female genital cutting remain high in most African countries.
    • This hinders their smooth transition into adulthood and affects their immediate and lifelong health (physical and mental) and socioeconomic wellbeing and empowerment.

What more needs to be done?


    More advocacy is needed to ensure:
    • The partnership between all actors working to ensure women’s health and reproductive rights are realised should be reinvigorated and sustained to make certain that gains are consolidated and not reversed.
    • Juliet Kimotho, senior advocacy officer at the African Population and Health Research Center, contributed to this article.

REPORT on the proposal for a directive of the European Parliament and of the Council on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers (codification) - A9-0267/2022

Retrieved on: 
Thursday, November 10, 2022

Adopts its position at first reading, taking over the Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

Key Points: 
  • Adopts its position at first reading, taking over the Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;
    2.
  • Instructs its President to forward its position to the Council, the Commission and the national parliaments.
  • The examination of the proposal for a Directive of the European Parliament and of the Council codifying Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers resulted in the Consultative Working Party's establishing, by common accord, as follows.
  • 1.
  • In the first sentence of recital 11, the word 'or' should be replaced by the word 'and'.
  • 2.
  • The reference box preceding the first subparagraph of Article 14 should not have contained the indication '2003/59/EC (adapted)', since that Article consists of a standard wording introduced for codification purposes.
  • In consequence, examination of the proposal has enabled the Consultative Working Party to conclude, without dissent, that the proposal is a straightforward codification of existing texts, without any change in their substance.

CSC Generation Submits Proposal to Acquire Bassett Furniture Industries for $21 Per Share in Cash

Retrieved on: 
Tuesday, October 11, 2022

Members of the Board of Directors:

Key Points: 
  • Members of the Board of Directors:
    As you know, CSC Generation Holdings, Inc. (together with its affiliates, CSC or we) is a significant shareholder of Bassett Furniture Industries, Incorporated (Bassett or the Company).
  • We also believe our proposal has only become more appealing as the Companys stock price continues to languish.
  • For shareholders, our proposal represents a 27% premium over the most recent closing price of $16.51.
  • We are prepared to immediately enter into a customary confidentiality agreement with the Company and commence and promptly complete this diligence.

OXURION SUCCESSFULLY RAISES EUR >10 MILLION FROM LEADING US AND EUROPEAN HEALTHCARE INVESTORS IN A PRIVATE EQUITY PLACEMENT

Retrieved on: 
Thursday, March 3, 2022

The new shares have been placed with leading US and European healthcare investors, and existing shareholders of the Company.

Key Points: 
  • The new shares have been placed with leading US and European healthcare investors, and existing shareholders of the Company.
  • The Private Placement allows the Company to further broaden its shareholders structure, both on a national and an international level, with widely respected and knowledgeable investors.
  • Approximately 80% of the net proceeds will be used for the Clinical Trials and the remaining 20% will be used for the Companys operating expenses.
  • The board of directors followed unanimously the favourable advice of the committee and approved the transaction.

Showa Denko Announces Issuance of New Shares and Secondary Offering of Shares

Retrieved on: 
Monday, August 23, 2021

(the "Company") hereby announces that its board of directors has resolved matters relating to the issuance of its new shares and the secondary offering of shares on August 23, 2021, as set forth below.

Key Points: 
  • (the "Company") hereby announces that its board of directors has resolved matters relating to the issuance of its new shares and the secondary offering of shares on August 23, 2021, as set forth below.
  • The global coordinator for the Japanese Public Offering, the International Offering and the offering mentioned below in "2.
  • Secondary offering of shares (secondary offering by way of over-allotment)" shall be one of the Japanese Underwriters (the "Global Coordinator") and the co-global coordinators shall be two of the Japanese Underwriters.
  • Secondary offering of shares (secondary offering by way of over-allotment) (See "Reference" item 1. below)
    (1) Class and number of shares to be sold: 2,524,500 shares of common stock of the Company.