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Human Rights and Migration Law Clinic

The Human Rights Law Clinic has been operating since the academic year 2014/2015. The Clinic, which is incorporated in the curriculum of the Faculty of Law and Criminology, has a dual objective:

  • To provide Master students with intensive, hands-on, practical education in the form of Clinical Legal Education in the field of human rights and migration law; and
  • To fulfil a central social justice role by contributing to the effective protection of human rights, in particular those of disadvantaged persons and groups.

The Human Rights Law Clinic has been operating since the academic year 2014/2015. The Clinic, which is incorporated in the curriculum of the Faculty of Law and Criminology, has a dual objective:

  • To provide Master students with intensive, hands-on, practical education in the form of Clinical Legal Education in the field of human rights and migration law; and
  • To fulfil a central social justice role by contributing to the effective protection of human rights, in particular those of disadvantaged persons and groups.

To achieve the dual objective of the Human Rights and Migration Law Clinic, the Human Rights Centre cooperates with a number of partners from civil society that work on human rights and migration law issues. On a yearly basis, organisations can submit potential projects, out of which the Centre selects the most suitable ones, in light of the Clinic’s objectives of education and social justice promotion. The selected projects are then distributed among the students, who – divided in small groups – work under supervision of legal clinic coaches on these real life case files. Their responsibilities include contacting the partner, analysing the problem in human rights terms and doing intensive research to delivering the required end product to the partner.

Legal Clinic Team

The students perform these tasks under the intense educational supervision of seven clinical coaches: Brecht De Schutter, Imane El Morabet, Jean-Baptiste Farcy, Rachida Lamrabet, Cathérine Van de Graaf , Saïla Ouald-Chaib, Hanne van Walle and Ruben Wissing. This teams consists of both academics and law practitioners with hand-on experience in the field.

The Legal Clinic is supervised by prof. dr. Eva Brems (lecturer), prof. dr. Ellen Desmet (co-lecturer) and dr. Saïla Ouald-Chaib (co-lecturer and coordinator)

End Product

The students’ main aim is to deliver a comprehensive end product of high quality to the partners, in the form of a written report, legal advice, brochure in layman’s terms, drafts of written submissions to courts, third party interventions, etc. These end products are then used by the partner to fulfil their societal role in the promotion and protection of human rights, for instance through strategic litigation, lobby work, and information and advocacy campaigns.

The Human Rights Law Clinic offers invaluable benefits to both its students and its partners, by forging successful synergies between civil society organisations, the Clinic’s students, and the Human Rights Centre’s academic staff.  Students benefit from receiving intensive, practical and hands-on education aimed at preparing them for their future professional careers, potentially in the field of human rights (law). Their work for the Clinic also instills a sense of social justice in the students. The Clinic’s partners, conversely, gain access to high quality human rights analyses, drafted by students under the intense supervision of academic staff. These analyses assist the Clinic’s partners in furthering their societal objectives of human rights protection and promotion.

The Human Rights Centre aims to bolster and consolidate the Clinic’s work in the coming years and is always open to considering requests for partnerships by civil society organisations committed to the protection and promotion of human rights. Interested organisations are kindly requested to contact the Human Rights Law Clinic’s directors – Professors Eva Brems and Ellen Desmet – and/or the Clinic’s coordinator – Dr. Saïla Ouald Chaib – in order to obtain further information on the submission of project proposals.

HUMAN RIGHTS LAW PROJECTS

 

Project “Discrimination on the basis of religion”

The Legal Clinic has been working on the theme of discrimination on the basis of religion for several years. The Clinic participates in various legal cases and can rely on years of expertise. This year, the Clinic again received some interesting questions around the theme that students will be able to participate in. The assignments in this project concern bans on religious dress in the judiciary and a mapping of Islamophobia.

The team is coached by Imane El Morabet

Project “National discrimination cases and international human rights projects”

Students will work on projects concerning human rights violations both at the national and international level. They will contribute to the writing of conclusions in pending cases and projects in the field of anti-discrimination law, the right to a fair trial and the freedom of expression. This project takes place in collaboration with the law firm Van Steenbrugge Advocaten.

The team is coached by Rachida Lamrabet.

Project “The métis of the colonies, from discrimination to reparation”

On 29 March 2018, the Belgium’s Chamber of Representatives adopted a resolution “on the segregation suffered by the métis of the period of Belgian colonisation in Africa”. The government, through then-Prime Minister Michel, responded to this resolution by promising to work on the 11 remedial measures (Parliament session 4 April 2019). This process is still ongoing today.

In the run-up to Congo and Ruanda-Urundi independence, hundreds of children, called mulattos, were gathered in mission posts and forcibly transferred to Belgium. Many of them were considered illegitimate children with no clear status. They were taken away from African mothers and placed in foster care or adoption with families or in homes in Belgium. Although many of them were able to build a life for themselves after 60 years, there are still painful issues today and an urgent call for redress of in justice done. These often involve simple but essential elements such as obtaining a birth certificate, nationality and recognition of family ties with the mother’s family left behind.

The team is coached by Rachida Lamrabet and professor Willem Debeuckelaere

Project “Reporting on academic freedom with Scholars at Risk”

Academic freedom in educational institutions is of fundamental importance to a strong democracy based on international human rights. Unfortunately, it is threatened in education institutions throughout the world, thereby depriving scholars of the opportunity to use their expertise to freely and rightfully criticise systemic flaws. Our legal clinic examines violations of academic freedom in Chinese universities and the detrimental effect on Chinese students in the various regions of the PRC as well as abroad. The goal of our team is to draft a report, in the context of the 5th cycle of the Human Rights Council’s Universal Periodic Review of Ethiopia. Our partner organization is Scholars at

Risk, an international NGO advocating for protecting and promoting academic freedom where needed. Scholars at Risk monitors attacks on higher educational communities worldwide and advices scholars who are deprived of their right to academic freedom of speech. By working with Scholars at Risk, our team will learn how international advocacy works and how to draft high quality and convincing shadow reports for UN human rights mechanisms.

The team is coached by Simona Di Dio

MIGRATION LAW PROJECTS

 

Project “Exploring and working with EU asylum law”

After the so-called “asylum crisis” of 2015-2016, policies of deterrence and externalisation have made access to asylum in Europe more difficult, more dangerous, and more costly every day. Although the right to asylum remains entrenched in the law, on the ground such a right is out of reach for many. This is why advocacy, civil society movements and litigation are key to uphold the right to asylum.

Within this project you will get the opportunity to work jointly with the European Council on Refugees and Exiles (ECRE) on different aspects of EU migration and the legal framework of asylum. Tasks will be varied and linked to ongoing and upcoming work of ECRE which is an established organisation aiming to secure the rights of asylum-seekers and refugees. As a student, you will experience and take part in the role of an international NGO and get an insight into the challenges related to (non-) implementation of the EU acquis in the field of asylum and migration.

The team is coached by Dr. Jean-Baptiste Farcy

Project “Shelter & Orientation”

People without legal residence are in a very vulnerable position in Belgian society. No official figures and statistics are available, but based on an estimate by Samenlevingsopbouw Brussel, the number of people without legal residence in Belgium currently exceeds 120,000.

The group is very diverse. It consists of men, women and families; they are people like you and me, each with their own story. Within this project, students have the opportunity to gain insight into the difficult living and legal conditions of people without legal residence, to get to know them, and to work concretely on their cases with a view to improving their legal protection in society.

The team is coached by Dr. Ruben Wissing and Piet Heyvaert

Project “Persons in unlawful residence”

Students will map de options for residence of migrants. They will examine the applicable legal framework and jurisprudence and they will hold consultations with the selected clients. This project takes place in collaboration with vzw De Tinten.

The team is coached by Mr. Hanne van Walle.

Project “Future proof – young people without legal residence”

In this project, the students will work with unaccompanied minor and young adult newcomers without legal residence. They have already gone through one or more residence procedures in Belgium, but received a negative decision. They registered for the ‘Future proof’ project, where they work for a year on their future orientation, in several areas: education, work, psychological, but also legal.

The team is coached by Mr. Brecht De Schutter.

Human Rights Law Projects

Project National discrimination cases and international human rights projects

Students will work on projects concerning human rights violations both at the national and international level. They will contribute to the writing of conclusions in pending cases and projects in the field of anti-discrimination law, the right to a fair trial and the freedom of expression. This project takes place in collaboration with the law firm Van Steenbrugge Advocaten.

The team is coached by Rachida Lamrabet.

The métis of the colonies, from discrimination to reparation

On 29 March 2018, the Belgium’s Chamber of Representatives adopted a resolution “on the segregation suffered by the métis of the period of Belgian colonisation in Africa”. The government, through then-Prime Minister Michel, responded to this resolution by promising to work on the 11 remedial measures (Parliament session 4 April 2019). This process is still ongoing today.

In the run-up to Congo and Ruanda-Urundi independence, hundreds of children, called mulattos, were gathered in mission posts and forcibly transferred to Belgium. Many of them were considered illegitimate children with no clear status. They were taken away from African mothers and placed in foster care or adoption with families or in homes in Belgium. Although many of them were able to build a life for themselves after 60 years, there are still painful issues today and an urgent call for redress of in justice done. These often involve simple but essential elements such as obtaining a birth certificate, nationality and recognition of family ties with the mother’s family left behind.

The team is coached by Rachida Lamrabet and professor Willem Debeuckelaere

Use of situation tests in the fight against discrimination

Discrimination in the labour and housing market is a social problem because discrimination leads to inequality. Moreover, discrimination is illegal. Figures from Unia, the Belgian Equality Body show that discrimination remains a persistent and difficult problem to combat, despite good anti-discrimination legislation. To address and tackle discrimination, it must be proven. A situation test is a legal way to prove a presumption of discrimination.

Under this project, students will have the opportunity to work with partner organisations on concrete housing cases. The students will work out a methodology for implementing the situation test and supervise the implementation of the practical test.

The team is coached by Imane El Morabet.

Headscarf bans at Belgian bar associations and in the courtroom

Can a lawyer be subject to a ban on wearing a headscarf in the courtroom? What is the applicable policy in Belgium at the various bar associations and courts. What does (international) case law say about this? These are some of the questions students will analyse during the academic year. The aim of this project is to investigate which rules regarding the wearing of religious, philosophical symbols currently apply to lawyers (is there a ban and if so what are the motives for this). Students are also expected to make a legal analysis based on anti-discrimination law, freedom of religion and other human rights.

The team is coached by Imane El Morabet.

Reporting on academic freedom with Scholars at Risk

Academic freedom in educational institutions is of fundamental importance to a strong democracy based on international human rights. Unfortunately, it is threatened in education institutions throughout the world, thereby depriving scholars of the opportunity to use their expertise to freely and rightfully criticise systemic flaws. Our legal clinic examines violations of academic freedom in Chinese universities and the detrimental effect on Chinese students in the various regions of the PRC as well as abroad. The goal of our team is to draft a report, in the context of the 4th cycle of the Human Rights Council’s Universal Periodic Review of China. Our partner organization is Scholars at Risk, an international NGO advocating for protecting and promoting academic freedom where needed. Scholars at Risk monitors attacks on higher educational communities worldwide and advices scholars who are deprived of their right to academic freedom of speech. By working with Scholars at Risk, our team will learn how international advocacy works and how to draft high quality and convincing shadow reports for UN human rights mechanisms.

The team is coached by Dr. Cathérine Van de Graaf.

Migration Law projects

 

Exploring and working with EU asylum law

After the so-called “asylum crisis” of 2015-2016, policies of deterrence and externalisation have made access to asylum in Europe more difficult, more dangerous, and more costly every day. Although the right to asylum remains entrenched in the law, on the ground such a right is out of reach for many. This is why advocacy, civil society movements and litigation are key to uphold the right to asylum.

Within this project you will get the opportunity to work jointly with the European Council on Refugees and Exiles (ECRE) on different aspects of EU migration and the legal framework of asylum. Tasks will be varied and linked to ongoing and upcoming work of ECRE which is an established organisation aiming to secure the rights of asylum-seekers and refugees. As a student, you will experience and take part in the role of an international NGO and get an insight into the challenges related to (non-) implementation of the EU acquis in the field of asylum and migration.

The team is coached by Dr. Jean-Baptiste Farcy.

Shelter & Orientation

People without legal residence are in a very vulnerable position in Belgian society. No official figures and statistics are available, but based on an estimate by Samenlevingsopbouw Brussel, the number of people without legal residence in Belgium currently exceeds 120,000.

The group is very diverse. It consists of men, women and families; they are people like you and me, each with their own story. Within this project, students have the opportunity to gain insight into the difficult living and legal conditions of people without legal residence, to get to know them, and to work concretely on their cases with a view to improving their legal protection in society.

The team is coached by Dr. Ruben Wissing.

Persons in unlawful residence

Students will map de options for residence of migrants. They will examine the applicable legal framework and jurisprudence and they will hold consultations with the selected clients. This project takes place in collaboration with vzw De Tinten.

The team is coached by Mr. Hanne van Walle.

FUTURE PROOF – YOUNG PEOPLE WITHOUT LEGAL RESIDENCE

In this project, the students will work with unaccompanied minor and young adult newcomers without legal residence. They have already gone through one or more residence procedures in Belgium, but received a negative decision. They registered for the ‘Future proof’ project, where they work for a year on their future orientation, in several areas: education, work, psychological, but also legal.

The team is coached by Mr. Brecht De Schutter.

Human Rights Law Projects

 

Project National discrimination cases and international human rights projects

Students will work on projects concerning human rights violations both at the national and international level. They will contribute to the writing of conclusions in pending cases and projects in the field of anti-discrimination law, the right to a fair trial and the freedom of expression. This project takes place in collaboration with the law firm Van Steenbrugge Advocaten.

Project Belgian discrimination cases

Students will write conclusions in cases with regard to discrimination on the basis of gender(identity), religion and disability. These cases are situated in different stages of the procedure (introduction of the case, appeal, etc.). This project takes place in collaboration with the law firm Curia.

Situation tests

As part of this project, students will analyse the question of legal enforceability of situation tests and also try to put situation tests into practice in concrete cases.

Applying international procedures for better human rights enforcement

In collaboration with Open Society Justice Initiative, students will bring an important anti-discrimination case to the UN Human Rights Committee. They will help write the submission, legally analyse the facts, research relevant case law, liaise with the client, etc.

During the second semester, students will also have the opportunity to contribute to better implementation of a European Court of Human Rights (ECtHR) decision by submitting a Rule 9 Submission.

The métis of the colonies, from discrimination to reparation

On 29 March 2018, the Belgium’s Chamber of Representatives adopted a resolution “on the segregation suffered by the métis of the period of Belgian colonisation in Africa”. The government, through then-Prime Minister Michel, responded to this resolution by promising to work on the 11 remedial measures (Parliament session 4 April 2019). This process is still ongoing today.

In the run-up to Congo and Ruanda-Urundi independence, hundreds of children, called mulattos, were gathered in mission posts and forcibly transferred to Belgium. Many of them were considered illegitimate children with no clear status. They were taken away from African mothers and placed in foster care or adoption with families or in homes in Belgium. Although many of them were able to build a life for themselves after 60 years, there are still painful issues today and an urgent call for redress of in justice done. These often involve simple but essential elements such as obtaining a birth certificate, nationality and recognition of family ties with the mother’s family left behind.

Migration Law projects

 

Persons in unlawful residence

Students will map de options for residence of migrants. They will, under supervision of a lawyer specialized in migration law, examine the applicable legal framework and

jurisprudence and they will hold consultations with the selected clients. This project takes place in collaboration with vzw De Tinten.

Stateless persons

Students will work on cases concerning stateless persons. They will write petitions for the recognition of stateless persons under supervision of Mr. Baelde; an attorney specialized in the topic.

Exploring and working with EU asylum law

Within this project students work jointly with the European Council on Refugees and Exiles (ECRE) on different aspects of EU migration and asylum legal frameworks. The tasks of the students will be varied and linked to on-going and upcoming work of ECRE. They will amongst others give continuous support to the European Database on Asylum Law (EDAL) by developing case summaries with a critical analysis of the relevance of the case for national and EU jurisprudence.

FUTURE PROOF – YOUNG PEOPLE WITHOUT LEGAL RESIDENCE

In this project, the students will work with unaccompanied minor and young adult newcomers without legal residence. They have already gone through one or more residence procedures in Belgium, but received a negative decision. They registered for the ‘Future proof’ project, where they work for a year on their future orientation, in several areas: education, work, psychological, but also legal.

Human Rights Law Projects

Project National discrimination cases and international human rights projects

Students will work on projects concerning human rights violations both at the national and international level. They will contribute to the writing of conclusions in pending cases and projects in the field of anti-discrimination law, the right to a fair trial and the freedom of expression. This project takes place in collaboration with the law firm Van Steenbrugge Advocaten.

Project Belgian discrimination cases

Students will write conclusions in cases with regard to discrimination on the basis of gender(identity), religion and disability. These cases are situated in different stages of the procedure (introduction of the case, appeal, etc.). This project takes place in collaboration with the law firm Curia.

Project Monitoring academic freedom

Students work with the Scholars at Risk network (with seat at New York University). They will learn how international advocacy works and how to draft high quality and convincing shadow reports for UN human rights mechanisms. They work on two submission reports on academic freedom and the right to education in two particular countries in the framework of the UN Universal Periodic Review of the Countries.
Competences of the Belgian national human rights institution
In 2020, Belgium founded a national human rights institution. (Federaal Instituut voor de bescherming en de bevordering van de rechten van de mens (FIRM)) Through research, students will help the institution in its start-up phase to identify its competences. They will map the division of competences in the field of human rights in Belgium, they will identify the existing players in the field of human rights in Belgium and they will map an overview of the field of human rights law as benchmarked by NHRI’s in other countries.

Business and Human Rights

Students will study which human rights rules or soft law are applicable in business relations with companies. They will examine what the limits are from an international law perspective for companies who want to do business with companies in Israel or in the so-called occupied territories.

Migration Law projects

Persons in unlawful residence

Students will map de options for residence of migrants. They will, under supervision of a lawyer specialized in migration law, examine the applicable legal framework and jurisprudence and they will hold consultations with the selected clients. This project takes place in collaboration with vzw De Tinten.

Stateless persons

Students will work on cases concerning stateless persons. They will write petitions for the recognition of stateless persons under supervision of Mr. Baelde; an attorney specialized in the topic.

Belgian asylum cases

Students will work on cases of asylum seekers and will contribute in writing a legal advice to support their request for international protection. The students will collaborate with NANSEN vzw, an organisation that is specialized in asylum cases.

Hot topics in EU asylum law

Within this project students work jointly with the European Council on Refugees and Exiles (ECRE) on different aspects of EU migration and asylum legal frameworks. The tasks of the students will be varied and linked to on-going and upcoming work of ECRE. They will amongst others give continuous support to the European Database on Asylum Law (EDAL) by developing case summaries with a critical analysis of the relevance of the case for national and EU jurisprudence.

Human Rights Law Projects

 

Model Media Law Project

The Legal Clinic was invited to participate in an international project called ‘The Media freedom project’, more specifically we were offered a partnership with a  High-Level Legal Panel on Media Freedom and Academic Institutions regarding Reports on Model Laws which is co-chaired by Amal Clooney and of which Françoise Tulkens, former Belgian judge for the ECtHR is part of as well. The project is coordinated by IBAHRI (The International Bar Association’s Human Rights Institute)

The legal clinic students will do research into best and worst practice with regard to media legislation and its application at the national level. They will produce reports on the basis of which the High Level panel will draft model laws for media freedom to the benefit of Parliaments around the globe.

Anti-discrimination law project

 Legal clinic students support a number of Muslim women who brought discrimination claims – on the basis of religion, gender and/or race – before the Belgian courts in cases concerning prohibitions on the wearing of full body swimwear in Belgian public swimming pools. The students work in collaboration with the attorney of these women.

Miscellaneous

–  In collaboration with external law firms, students will contribute to projects concerning issues with regard to national- and international human rights law.

– Legal clinic students work on third party interventions to be submitted to the ECtHR.

Migration Law projects

For the migration law component of the legal clinic, students work with the UN Refugee Agency UNHCR, NANSEN, the Belgian Refugee Council, and ECRE, the European Council on Refugees and Exiles.

Project ‘Asylum’

Students support applicants for international protection who are selected by NANSEN. After consultation with these persons and thorough research, students write advisory notes to support the clients’ legal claims.

Project ‘Freedom of Movement

Students develop an expert opinion with regard to two prejudicial questions concerning freedom of movement of the Belgian Conseil d’Etat in a case pending before the European Court of Justice. One question relates to whether jobseekers should be given at least 6 months to look for a job without having to demonstrate a genuine chance of being engaged. The second question relates to whether, in appeal proceedings before the Council for Alien Law Litigation (RVV/CCE) relating to EU residence rights, the Council must be empowered to take into account new factual elements which have arisen after a decision is taken to refuse or withdraw residence right.

Project ECRE: European asylum Law

Students work on projects with regard to pressing issues in European asylum and migration law and policy in collaboration with the European Council for Refugees and Exiles (ECRE). Among others, they write a report in which they will examine the issue of subsequent applications for international protection in asylum proceedings in different EU members states and assess whether these different domestic frameworks are problematic.

Human Rights Law Projects

Monitoring academic freedom

Students work with and for the Scholars at Risk network (with seat at New York University). They work on two submission reports on academic freedom and the right to education in two particular countries in the framework of the UN Universal Periodic Review of the Countries.

Anti-discrimination law projects

Full body swimwear

Legal clinic students support a number of Muslim women who brought discrimination claims – on the basis of religion, gender and/or race – before the Belgian courts in cases concerning prohibitions on the wearing of full body swimwear in Belgian public swimming pools. The students work in collaboration with the attorney of these women.

Headscarf ban in public school

Legal clinic students support partner organisations in bringing a discrimination claim – on the basis of religion and gender – before the Belgian courts.

Third Party interventions before the European Court of Human Rights

Legal clinic students work on several third party interventions to be submitted to the ECtHR.

Migration Law projects

For the migration law component of the legal clinic, students work with the UN Refugee Agency UNHCR, NANSEN, the Belgian partner of UNHCR, and ECRE, the European Council on Refugees and Exiles. This year, students concentrate on three themes: statelessness, asylum and selected asylum-related policy developments at the EU level.

  • Students support asylum seekers or people who are eligible for subsidiary protection, based on consultation with these persons and thorough research.
  • Based on contact with stateless persons and thorough research, students work on the dual challenges stateless persons face: being recognized as stateless persons and securing one’s residency on that basis.
    • Advice on statelessness and Palestine, see pdf-file staatloosheid (in Dutch)
  • Students draft two research papers to support ECRE with their advocacy and policy work. The papers will further be distributed to the ELENA Network, existing out of asylum lawyers. The topic of the research papers in the first semester is the circumvention of the Dublin Regulation through the use of bilateral agreements. In the second semester the focus will be on the accountability of the European Asylum Support Agency.
    • Paper on circumvention of the Dublin III Regulation through the use of bilateral agreements available at EDAL database

Monitoring academic freedom

Students will work with and for the Scholars at Risk network (with seat at New York University). They will work on two submission reports on academic freedom and the right to education in two particular countries in the framework of the UN Universal Periodic Review of the Countries.

Anti-discrimination law projects

Full body swimwear

Legal clinic students will support a number of Muslim women who brought discrimination claims – on the basis of religion, gender and/or race – before the Belgian courts in cases concerning prohibitions on the wearing of full body swimwear in Belgian public swimming pools. The students will work in collaboration with the attorney of these women.

Headscarf ban in public school

Legal clinic students will support partner organisations in bringing a discrimination claim – on the basis of religion and gender – before the Belgian courts.

Migration law projects

For the migration law component of the legal clinic, students will work with UNHCR and with NANSEN, the new Belgian partner of the UNHCR. This year, students will concentrate on two themes: statelessness and asylum.

  • Based on contact with stateless persons and thorough research, students will work on the dual challenges stateless persons face: being recognized as stateless persons and securing one’s residency on that basis.
    • Advice on statelessness and Palestine, see pdf-file staatloosheid (in Dutch)
  • Students will support asylum seekers or people who are eligible for subsidiary protection, based on consultation with these persons and thorough research.

The students of the migration law component of the legal clinic will be coached intensively by two experienced migration lawyers, Benoit Dhondt and Elke Van de Cotte.

Full body swimwear

For a project on bans on the wearing of full body swimwear in municipal swimming pools in Flanders (Belgium), students will engage in two activities. Students will analyse a broad spectrum of swimming pool regulations to identify different types of formulations of the ban (ranging from ‘neutral’ to explicitly mentioning the term ‘burkini’). Students will also support a number of Muslim women in bringing discrimination claims – on the basis of religion, gender and/or race – before the Belgian courts.

Monitoring academic freedom

In collaboration with the Scholars at Risk network, legal clinic students will monitor attacks on higher education communities. The project sets up a regular monitoring system in relation to selected countries. Students will monitor and report on specific incidents of attacks on higher education in the selected countries. The project also explores advocacy avenues, including preparing a stakeholder submission for one of the upcoming Universal Periodic Review sessions of the UN Human Rights Council and/or drafting model legal arguments in preparation of future strategic litigation.

Migration law projects

For the migration law component of the legal clinic, students will work with UNHCR and its operational partner, the Belgian Refugee Council (CBAR-BCHV), on files of actual refugees. This year, students will concentrate on three themes: statelessness, detention and humanitarian visa.

  • Based on contact with stateless persons and thorough research, students will work on the dual challenges stateless persons face: being recognized as stateless persons and securing one’s residency on that basis.
  • For the highly vulnerable group of asylum seekers in detention, students will learn how to make use of national and EU legislation to draft requests that challenge the legality of the detention decision.
  • Students will also help draft humanitarian visa requests for the family members of recognized refugees so that they can get access to Belgian territory in a safe and legal fashion.

The students of the migration law component of the legal clinic will be coached intensively by two experienced migration lawyers, Benoit Dhondt and Elke Van de Cotte.

Pregnancy-related Discrimination of Women

In partnership with the independent governmental Instituut voor de Gelijkheid van Vrouwen en Mannen (‘Institute for the Equality of Women and Men’), the Human Rights Law Clinic addresses the right of women to be protected from pregnancy-related discrimination on the labour market. Students design a “how to build a case” guide to be used by the Institute in dealing with the large number of pregnancy-related discrimination complaints it receives annually. Students will also prepare a shorter version of the guide for women who are or wish to become pregnant.

Monitoring Academic Freedom

In collaboration with the Scholars at Risk Network, the Human Rights Law Clinic monitors attacks on higher education communities. The project aims to identify areas (both geographic and topical) in which law on academic freedom has yet to be developed, and to set up a regular monitoring system for selected countries. Students conduct research, monitor and report on attacks on higher education in the selected countries, and identify potential advocacy activities on the basis of these reports.

The Right to Health Care of Transgender Persons

In partnership with the independent governmental Instituut voor de Gelijkheid van Vrouwen en Mannen (‘Institute for the Equality of Women and Men’), the Human Rights Law Clinic addresses the rights of transgender persons in the health care context. Students will deliver a human rights analysis of the difficulties transgender persons in transition face in obtaining adequate access to health care. The project will focus on two particular sets of areas in which transgender persons are confronted with obstacles: service provision in hospitals and government refunding of medical procedures.

The Right to Inclusion of Persons with a Disability

In partnership with the non-profit organisation Ouders voor Inclusie (‘Parents for Inclusion’), the Human Rights Law Clinic addresses the right to inclusion of persons with a disability in Flanders. The project analyses recent Flemish legislation on the right to (financial) assistance for persons with a disability. Students analyse to what extent the new legislation is compatible with the UN Convention on the Rights of Persons with Disabilities and, in particular, with the right of persons with a disability to live independently and participate fully in all aspects of life.

The Right to Private Life of Vulnerable Families

In partnership with the non-profit organisation Minderhedenforum (‘Minority Forum’), the Human Rights Law Clinic addresses the right to private life of vulnerable families in the context of tutoring provided to their children by a private organisation. Students analyse to what extent the tutoring contracts supplied by the private organisation infringe the right to private life of families that are socio-economically and/or ethnic-culturally disadvantaged, and in a weak negotiation position towards the private organisation. The objective is to propose ways to achieve a better balance between the commitments of parents, schools and the private organisation.

In the academic year 2014/2015, the Human Rights Law Clinic worked on six projects, in partnership with six different civil society organisations.

The Right to Inclusive Education of Children with a Disability 

In partnership with the non-profit organisation Ouders voor Inclusie (‘Parents for Inclusion’), the Human Rights Law Clinic addresses the right to inclusive education of children with a disability in Flanders. The project focuses on analysing the Flemish government’s so-called M-Decreet (‘M-Decree’) of 12 March 2014, intended to progressively move Flemish educational practice towards guaranteeing children with a disability a right to inclusive education (Art. 24 of the UN Convention on the Rights of Persons with Disabilities; CRPD). The aim of the project is to analyse to what extent the M-Decreet complies with Belgium’s human rights obligations under the CRPD, primarily in terms of duties of reasonable accommodation.

The Social and Economic Rights of Travellers 

In partnership with the non-profit organisation Minderhedenforum (‘Minority Forum’), the Human Rights Law Clinic addresses the social and economic rights of travellers in Flanders. The project aims to present a human rights analysis of the situation of travellers in Flanders, who are a distinctly disadvantaged group in Flemish society. Travellers and their way of life are often regarded with disdain by persons in their surrounding environment. Places where they can stay legally are moreover vastly insufficient in terms of both numbers and provided services. The combination of both factors leads the relevant authorities (mostly at the municipal level) to force travellers to continuously be on the move, constantly relocating to new places. As a result, travellers face a particular risk of suffering human rights violations, especially in the area of social and economic rights. The objective of the project is to provide the partner with a comprehensive human rights analysis of the current situation of travellers in Flanders, particularly in terms of their human rights to housing, education, health care, and social security. The students will further provide the partner with legal advice in terms of strategic litigation and will also work on the production of a brochure in which their human rights analysis is explained in laymen’s terms, to be distributed among travellers.

Muslim Women’s Right to Manifest their Freedom of Religion 

In partnership with the Belgian equality body Interfederaal Gelijkekansencentrum (‘Interfederal Centre for Equal Opportunities’), the Human Rights Law clinic addresses a number of specific cases in which Muslim women have been prohibited from wearing their headscarf, in the context of (public) employment and in the context of private service delivery. The project aims to analyse to what extent the contested practices constitute a violation of these women’s human rights, primarily in terms of their right to manifest their freedom of religion and their right to be free from discrimination on the basis of religion. The project consists of three smaller case files, addressing the same general issue in three different contexts. The objective of the project is to deliver relevant end products to the partner in each of the three case files, ranging from an initial legal analysis of the issue – where the partner has not yet formulated recommendations on the matter – to providing in depth recommendations for governmental authorities, where the partner has already formulated initial recommendations on the matter.

The Social and Economic Rights of Detainees 

In partnership with the NGO Liga voor Mensenrechten (‘League for Human Rights’), the Human Rights Law Clinic addresses the social and economic rights of detainees in Belgian prisons, focusing in particular on working conditions and the right to work. The objective of the project is to assist the partner, through the provision of legal advice in terms of both procedure and substance, in the submission of a complaint to the European Committee of Social Rights, alleging a violation of the relevant provisions of the European Social Charter.

The Right to a Fair Trial and Evidence Obtained through Torture 

In partnership with the NGO Amnesty International Vlaanderen (‘Amnesty International Flanders’), the Human Rights Law clinic addresses the absolute prohibition of torture and its effect on the right to a fair trial. The project aims to particularly analyse to what extent Belgian criminal procedural law currently complies with Article 15 of the UN Convention against Torture (CAT), which stipulates that statements obtained through torture shall not be invoked as evidence in any proceedings, and similar human rights provisions. According to initial analyses by the partner, Belgian criminal procedural law is  insufficiently explicit on the matter. The project aims to deepen the legal analysis, also in light of relevant case law of the European Court of Human Rights. The objective of the project is dual: (i) to formulate a legal opinion advocating for the explicit inclusion of the exclusionary rule for torture tainted evidence in Belgian criminal procedural law, to be used by the partner in its political advocacy work; and (ii) to deliver a legal analysis of all relevant issues to be used by the partner for internal purposes, for instance in the preparation of shadow reports.

Life in Limbo’ of Persons Excluded from Refugee Status 

In partnership with the Dutch NGO Stichting 1F (‘Foundation 1F’), the Human Rights Law Clinic addresses the issue of persons who have been permanently excluded from refugee status in the Netherlands on the basis of Article 1 (f) of the 1951 Convention relating to the Status of Refugees, which stipulates that the Convention does not apply to persons with respect to whom there are serious reasons for considering that they have committed, inter alia, war crimes and crimes against humanity. Such persons can often not be sent back to their country of origin either, because they would run a real risk of being tortured there. Their expulsion would thus violate Art. 3 of the European Convention on Human Rights (ECHR). As a result, the partner submits, such persons live in a constant state of ‘limbo’ in the Netherlands, never really sure about what will happen to them. Evidence suggests that this causes deep psychological problems, leading – in extreme cases – to suicide attempts. The aim of the project is to determine whether or not this situation of ‘life in limbo’ constitutes itself a violation of Art. 3 ECHR. The ultimate objective of the project is to examine avenues for strategic litigation at the European Court of Human Rights.

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