Tag: World Jurist Association

Opening Session Strasbourg “International Protection of Families & Children”

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In collaboration with the European Bars Federation (FBE), the World Jurist Association (WJA) celebrated on February 25, 2021 the Opening Session Strasbourg of the World Law Congress Colombia 2021, focused on the importance of the Rule of Law in protecting minors in vulnerable situations, while maintaining their human dignity. Javier Cremades, president of the WJA and the World Law Foundation, opened the webinar by emphasizing that this is a very important area for the society, acknowledging that “if the rule of law is anthropocentric, the protection of families and children is essential”.

Under the title “The International Protection of Families and Children”, María Eugenia Gay, president of the WJA Spain and dean of the Barcelona Bar Association, moderated this debate in which Silvia Giménez-Salinas, president of the FBE, assured that “from its beginnings, the protection of children provided the administration with the necessary speed to protect a child immediately in the face of abuse or negligence, as we cannot allow procedural deadlines to harm them”. Along these lines, she pointed out that “family law and the protection of children has advanced thanks to European regulations”. However, she acknowledged that each State has its own independent regulations and has its own family law.

The same situation occurs in the United States where family law is statutory: “There is no American divorce law, for example,” acknowledges Pamela M. Sloan, chair of the NYC Bar Association’s Matrimonial Law Committee and Council at the International Academy of Family Lawyers (IAFL), who assured that, during these processes, children are given a voice. “The lawyer’s job is to advocate for the interests of the child, they have a confidential relationship, and the child does not have to be present at court because the judge can question them outside,” she said.

For her part, Dominique Attias, first vice-president of the FBE, was concerned about the cause of ghost children and wanted to pay special attention to these minors who are not registered, since, as she pointed out, “every minor must be registered at birth to have a legal identity”. Adding that “children whose birth is not registered do not exist in the eyes of their country’s governments, complicating access to their rights, health and education, which could even be denied to them”.

International child abduction is another problem related to the protection of children. Ignacio Goicoechea, representative of the Regional Office of the Hague Conference for Latin America and the Caribbean (ROLAC), called for “less rhetoric and more effective protection” to solve this issue since, he stressed, “what children need is to be protected”. Carolina Marín Pedreño, vice-president of the IAFL and former president of the Westminster and Holborn Bar Association (UK), also referred to this issue, pointing out that “the Hague Convention is a very good instrument to comply with the need for a child to be returned to his or her country of origin after having been abducted”. In addition, she highlighted the training of lawyers and recognized that “on occasions, we see children who have not been returned because the parent has declared that he or she is not aware of the existence of treaties that solve the situation”. In this sense, Diana Hamade, a lawyer from the United Arab Emirates and member of the IAFL, pointed out that “in many countries there are deficiencies when a parent takes a child away and the child is not returned to the other parent”.

Regarding child marriage, Dilia Leticia Jorge Mera, Vice Minister of Innovation, Transparency and Citizen Services of the Dominican Republic, stated that “it is a real situation of violation of human rights, since child marriage is carried out without the consent of children and adolescents, who are coerced by their families or by the social environment around them”. She also pointed out that “Dominican Republic and Nicaragua occupy the first place in Latin America with 8,000 minor girls and teenagers married between 2001 and 2019”.

For Pakistani lawyer Sulema Jahangir, member of the IAFL, the global culture of justice and equality could be used in benefit of minors in Pakistan where “judges try to help families and advance laws that are fairer for women”. She also highlighted the goal “to improve the lives of hundreds of women and families in Muslim countries”.

For Daniela Horvitz, president of AIJUDEFA (International Association of Family Lawyers) and governor general of the IAFL, giving children, young people and families the protection needed, also implies “an imperative need to standardize basic principles in relation to family law”.

This meeting has served as preview of the family law topics that will be discussed during the World Law Congress Colombia 2021, which will celebrate the 30th anniversary of the Colombian Constitution. Through the projection of an institutional video, the president of the host country, Iván Duque, has committed to “continue promoting the strength of the rule of law as fertile ground to allow growth and welfare, development and freedom of citizens” and has assured that “we will continue working to build a better future for all based on the strength and guarantees of the rule of law”. 

FULL SESSION: https://youtu.be/FmXQmqcK1No

SUMMARY SESSION: https://youtu.be/VFRoBUU4Sn4

Opening Session Washington: “Human Rights and Justice”

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On November 12, the WJA celebrated the fourth Opening Session of the World Law Congress Colombia 2021 from the Headquarters of the Organization of American States in Washington, D.C.

“We are far from a reality where human rights are protected in real time, and there is a long way ahead to guarantee effective mechanisms”.  This is how the Secretary General of the Organization of American States, Luis Almagro, assessed the current situation in the debate “Human Rights and Justice: Fundamental Pillars for the Strengthening of Democratic Systems“. Almagro recognized that “political systems have to be structured in the best way to make justice work in societies, and this is the independence of power”.  He also pointed out that “the main problem of democracy is impunity, a red line that separates it from dictatorship.

Tamara Sujú, WJA Representative before the International Criminal Court and director of the CASLA Institute, chaired the panel and highlighted its importance, assuring that “respect for human rights and justice tells us when democracy degenerates into dictatorial government”, and she bet on universal justice to denounce the crimes of Latin American dictatorships.

In this direction, the former president of Colombia, Álvaro Uribe Vélez, highlighted how tyrannies are detrimental to justice in the Latin American region and assured that “in this area everyone talks about human rights, but for many it is an electoral ploy”. He added, furthermore, that “we must be careful to avoid people who do not really believe in human rights from reaching power, since not everyone can defend human rights”.

Regarding the situation in Latin America, Dita Charanzová, Vice President of the European Parliament, highlighted the fundamental role played by international institutions against countries that violate human rights and highlighted the action of the European Parliament, which, she said, has openly supported investigations into crimes against humanity. In this sense, she requested “that the international community continue to speak out in order to continue rejecting dictatorships and, thus, achieve the absolute reestablishment of human rights in those Latin American countries subject to these regimes”.

Meanwhile, Karen Longaric, former Minister of Foreign Affairs of Bolivia, emphasized that “only when the rule of law is solid, the justice system is independent” and noted that “even when governments emerge from elections or votes, they can have dictatorial and totalitarian characteristics”. Regarding justice, she stressed that it “does not exist in times of dictatorship, because the judicial body and the Public Prosecutor’s Office are obsequious with dictators” and she questioned the role of international human rights organizations since, she assured, “they have a role to play in protecting human rights, but some of them do not work or do so poorly because they have a biased view towards judging or appreciating human rights violations”.

Javier Cremades, president of the World Jurist Association, concluded the panel alleging that “there is no assured peace if there is no submission to the law” and stated that “human rights are there so each person can live their life with dignity and see all their objective value recognized”.

This Opening Session was the fourth meeting preceding the World Law Congress to be held in Colombia in 2021. The President of the host country, Iván Duque, also participated in this session, and through the projection of an institutional video he committed himself to “continue promoting the strength of the rule of law as fertile ground to allow growth and well-being, development and freedom for citizens” and assured that “we will continue working to build a better future for all, based on the strength and guarantees of the rule of law”. 

FULL SESSION: https://youtu.be/cmUDv5-R1o8

SUMMARY SESSION: https://youtu.be/TIhVmX_wtuA

The WJA at the UN conference of the states parties to the un convention against corruption

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The World Jurist Association made a presentation at the United Nations Vienna, during the plenary session of the Conference of States Parties to the United Nations Convention against Corruption on September 2-4, 2020. The conference was chaired by the Attorney General of the United Arab Emirates, Harib Saeed Al Amimi, and Gabriel Fernández Rojas, WJA Representative to the UN Vienna and Financial Coordinator of the World Law Congress, participated on behalf of the World Jurist Association.

During his speech, Mr. Fernández Rojas mentioned the commitment of WJA in the fight against corruption and assured that the rule of law is incompatible with corruption. He stressed that a rule of law capable of preventing corruption is needed, in order to guarantee human rights and freedom, as well as to promote cohesion between societies. Additionally, he pointed out that the balance of power must be optimized, ensuring the efficiency and neutrality of public administrations, as well as improving citizens’ trust in institutions. In conclusion, he recognized that in a global context, open to new challenges and opportunities, the fight against corruption is one of the most urgent ways to defend the rule of law and remarked that this will only be possible with a strong commitment from society.

On the occasion of this meeting, the UN Economic and Social Council (ECOSOC) also met, and as NGO with special consultative status before this institution, the World Jurist Association participated in it.

In the framework of the different events in Vienna, the WJA future activities were promoted in one to one meetings, increasing its network within this key forum.

The most important meeting was limited to UN State Parties and accredited NGOs. During that event, participants shared the progress made by their country in the fight against corruption, in light of the upcoming General Assembly against Corruption (UNGAS) to be celebrated in June 2021. One of the issues that caught greatest attention was the initiative presented in 2019, coincidentally, by the Government of Colombia at the UN New York. Colombia proposed the creation of an international court specialized in fighting against corruption and transnational corruption, in order to overcome limitations such as those that became visible with the Odebrecht case, the existence of blatant money laundering issues from the highest governmental levels in some countries, and the impossibility of making justice owing lack of judicial independence.

Opening Session Chile “Transnational Crime and Corruption: Protecting Judicial Independence”

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The President of the Supreme Court of Chile, Guillermo Silva Gundelach, participated in the Opening Session Chile of the World Law Congress Colombia 2021, titled ‘Transnational Crime and Corruption: Protecting Judicial Independence’. Silva Gundelach stressed the importance of discussing corruption and the protection of judicial crime, since “if we do not do so, we put our common future at risk”.

The meeting was chaired by Javier Cremades, president of the World Jurist Association and the World Law Foundation, who welcomed the speakers, stressing “how important the independence of judges is, as well as the fight against crime and corruption”. Organizer Diego García-Sayán, UN Special Rapporteur on the Independence of Judges and Lawyers and President of the Inter-American Court of Human Rights (2010-2014), introduced the topic and highlighted its importance since “the strengthening of organized crime networks has generated a new type of challenge and threat to the judicial independence of the powers”.

Leonor Etcheberry, Vice President of the Chilean Bar Association, has been in charge of moderating the debate in which Cheol-Kyu Hwang, President of the World Association of Prosecutors, has defended that “we are doing our best to apply the conventions against corruption” and has pointed out that international cooperation is fundamental, as well as ensuring that prosecutors’ offices work collaboratively beyond the traditional framework. During the discussion, the Attorney General of Spain, Dolores Delgado, bet on the functional and budgetary autonomy of the judiciary and the Public Prosecutor’s Office in order to confront corruption, which she considers “the dirty game of democracy” and highlighted the need to resort to cooperation as the tool to tackle impunity.

María Eugenia Gay, President of the WJA Spain and Dean of the Barcelona Bar Association, ratified the “firm commitment” of the group to make law and the laws the safeguard of citizens’ rights. As she highlighted, political parties and the different public powers must act with transparency and rigor in favor of society, so that the political formations are capable of redirecting the deviation of power and recovering the institutions they represent, the people, reinforcing the sovereignty of the states. The great challenges ahead demand the development of the structure in which dialogue is the maximum expression of democracy.

In this line, Héctor Humeres Noguer, President of the Chilean Bar Association, assured that “it is the responsibility of all the powers and ministries, in addition to the bar associations, to contribute to the prevention, eradication and information about the dangers of corruption and the forms in which it may appear”. For Humeres Noguer, “corruption can deteriorate the basis of a country causing severe damage to society, because the corruption that falls on the administration of justice affects the guarantee of human rights protection”.

Jorge Abbott Charme, National Prosecutor of Chile and President of the Ibero-American Association of Public Prosecutors, believes in the autonomy and independence of public prosecutors’ offices and promotes the use of international cooperation tools. During the debate, Luz Ibáñez, Judge of the International Criminal Court, recognized that “the problem of corruption and judicial independence does not respond to the individual conduct of judges, but rather it is a structural problem and therefore the response must be holistic and structural”.

In his intervention, José Igreja Matos, Vice President of the International Union of Judges, explained that it is always clear that the domestication of judges is a fundamental tool to promote impunity, and he highlighted the role of the multiple institutions that play a decisive role in the defense of the rule of law. “Difficult times demand a firm and courageous voice from international institutions”.

Roberta Solis, Judicial Integrity Team Leader from the United Nations Office on Drugs and Crime, closed the debate, stressing that “support among judges is fundamental because it helps prevent judicial corruption.

This Opening Session was the second session prior to the World Congress of Law to be celebrated in Cartagena de Indias on November 17-18, 2021. The President of Colombia, Iván Duque, participated in this session via institutional video, in which he assured that his country “receives this congress as recognition to the efforts of the Colombian society to defend the rule of law as a guarantor of freedom, order, peace and harmony”.

FULL SESSION: https://youtu.be/7F5jNVq1KDU

SUMMARY SESSION: https://youtu.be/YzuKod1v6sI

Opening Session Barcelona: Will the Rule of Law Survive in Europe?

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The World Law Congress started its 27th edition with an innovative format that includes the celebration of 14 online opening sessions, as prelude to the most important international legal event. These monthly opening sessions will take place from different cities around the world. The first one, «Will the Rule of Law Survive in Europe?», was organized by María Eugenia Gay, WJA President for Spain and Dean of the Barcelona Bar Association, institution that virtually hosted the event celebrated on July 7, 2020. The Panel followed the institutional ceremony (https://www.youtube.com/watch?v=iJrToSZOrdo&t=136s) that inaugurated this On-Going Congress that will culminate with face-to-face panels in Cartagena de Indias, on November 17 and 18, 2021. 

Viviane Reding, Vice-President of the World Law Foundation and former vice-president of the European Commission, chaired the debate. It focused on giving an answer to what can be done when national constitutions, European treaties and the Charter of Fundamental Rights of the EU are questioned. In this respect, Reding remarked that «even in a solid constitutional environment, the rule of law is not free from risk, (…) in Europe we have to stand up to protect our values». She also expressed concern about «the challenges to the rule of law in some European countries, such as Poland and Hungary, where they are dismantling fundamental aspects such as the independence of judges and the freedom of expression of the media».

Rainer Arnold, member of the Advisory Council of the World Law Foundation and professor at the University of Regensburg, stressed that «the rule of law is anthropocentric; it recognizes and emphasizes that the ultimate purpose of law and constitutional law is to protect individuals, taking into account that the constitution must be based on the recognition of human dignity as a supreme value and its twin principle, which is freedom». He added that «the rule of law is always linked to democracy as an essential element of people’s freedom, to jointly determine policy, decisions affecting our lives and destinies through daily participation in politics». 

François Biltgen, judge of the European Court of Justice and Luxembourgish former politician who served in different ministries, defined the European Union as «founded on the values of democracy, the rule of law, freedom, human dignity and respect for human rights, including those of minorities». He further recognized that, when conflicts occur, «the primacy is of the European Union, both in the application and in the interpretation of the law, which improves unity by giving more legal stability and strengthening the union of member states».

André Alen, President of the Constitutional Court of Belgium, said that the Court of Justice «is the guardian of the European treaties» and added that there is a significant interaction between courts; «European courts and national constitutional courts are not opponents, but should be considered as natural allies when it comes to protecting fundamental rights». Despite this, he stressed that the relationship between the Court of Justice and the constitutional courts is not free of friction and, although they are limited, priority should always be given to the one that protects rights the most». 

Polish Prime Minister (1992-1993) Hanna Suchocka, also Founding Trustee of the World Law Foundation, stressed the necessity to «deepen and discuss the relationship between EU legislation, national legislations and, especially, the relationship between two institutions such as the European Court of Justice and national courts». She said that «we need a more in-depth discussion of this issue because otherwise it could lead to a reduction in the standards of the European rule of law». 

The panel was closed by Marie-Aimée Peyron, dean of the Paris Bar Association (2017-2019), who criticized that «when a political power wants to attack democracy or the rule of law, above all, it first attacks lawyers, journalists or judges, among others, and we know, unfortunately, that this does not only happen outside Europe, but also in some European countries».

FULL SESSION: https://youtu.be/iJrToSZOrdo

SUMMARY SESSION: https://youtu.be/qtjiYh1Uzm4

The President of Colombia, Iván Duque, opened the World Law Congress 2021

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The President of Colombia, Iván Duque, chaired the online opening ceremony of the 27th edition of the World Law Congress, organized by the World Law Foundation and the World Jurist Association. He participated through an institutional video in which he acknowledged that “it is an honor for Colombians to host this congress in recognition for the efforts of the Colombian society to defend the Rule of Law as a guarantor of freedom, order, peace and harmony, precisely as we celebrate the 30th anniversary of the Colombian Constitution of 1991, and the bicentennial of the promulgation of the Constitution of Cucuta”.

Duque underlined the relevance of the World Law Congress and shoed the importance of “strengthening these valuable dialogues and reflections”, as well as applauding the “innovative” design of this on-going congress that will be carried out through fourteen Opening Sessions “aiming to promoting the strength of the Rule of Law, as fertile ground to allow growth and well-being, development and freedom for our citizens”.

Looking ahead to November 17 and 18, 2021, the date on which the congress will be held in Colombia, the president has sent “my most sincere welcome to our country, where we will continue working to build a better future for all, based on the strength and guarantees of the Rule of Law.

The Colombian Minister of Justice and Law, Margarita Cabello, also took part in the presentation of WLC 2021 and coincided with the President of her country in recognizing the enthusiasm of hosting the World Law Congress: “It is a tribute and recognition of the effort that Colombia and we Colombians are making in the struggle to strengthen the rule of law as a guarantee of freedom, peace, order and democracy”. His counterpart in Spain, the Minister of Justice Juan Carlos Campo, recognized that “we must endeavor to organize seminars as essential as this one, creating an extensive network of jurists who contribute to strengthening the separation of powers, judicial independence, the defense of human rights, pluralism, equality and freedom at all costs”.

In view of these words, Javier Cremades, President of the World Law Foundation and the World Jurist Association, reinforces that this congress, in its entirety, “wants to be recognition by the international legal community of the commitment of Colombian society to build and consolidate a society of opportunities, freer and fairer for all”.

The President of the WJA Spain and Dean of the Barcelona Bar Association, Mª Eugenia Gay, who hosted the opening ceremony, stressed that “the latest challenges that have arisen have shown the importance of countries working together, because there are problems that go beyond borders and need the commitment of governments and civil society”. As Manuel Aragón, academic director of the WLC and emeritus judge of the Spanish Constitutional Court, said, “We can only come out of this crisis if we, jurists, do not forget that the Rule of Law is a demand that we can never renounce to”.

Will the rule of law survive in Europe?

The 27th World Congress of Law has launched a new format in which 14 online sessions will be held as prelude to the most important international legal event. The first of these, under the name “Will the Rule of Law survive in Europe?” was moderated by Viviane Reding, Vice President of the World Law Foundation and former vice-president of the European Commission. Other speakers included Hanna Suchoka, Founding Trustee of the World Law Foundation and prime minister of Poland (1992-1993), François Biltgen, judge of the European Court of Justice and minister for various portfolios, Rainer Arnold, member of the Advisory Council of the World Law Foundation and professor at the University of Regensburg, Marie-Aimée Peyron, Dean of the Paris Bar Association (2017-2019) and Andre Alen, President of the Belgian Constitutional Court.