The Oppenheimer Chair in Public International Law and the Centre for Human Rights and Legal Pluralism, with the support of the McGill Refugee Research Group, welcome Professor Jane McAdam, University of New South Wales Law, Sydney, Australia ; Director of the Andrew & Renata Kaldor Centre for International Refugee Law ; and Editor-in-Chief of the International Journal of Refugee Law journal.
In refugee law, the meaning of ‘well-founded fear of being persecuted’ has been extensively examined by courts and scholars alike. Yet, there has been very little consideration of how far into the future a risk of persecution may extend for protection to be warranted.
This lack of guidance on the question of timing has allowed an inappropriate notion of ‘imminence’ to infiltrate refugee decision-making across a range of jurisdictions – at times resulting in people being denied protection. It is especially pertinent to human rights-based claims involving harms that may manifest more gradually over time, such as those relating to the slow-onset impacts of climate change.
Professor McAdam’s talk examines how certain courts have grappled with ‘time’ in a relatively nuanced way, highlighting principles that may be instructive for other contexts.
Professor Bethany Hastie, LLM’12, DCL’15, Peter A. Allard School of Law (UBC), will give a talk on her published research report analyzing workplace sexual harassment complaints under human rights law. Hosted by the Oppenheimer Chair in Public International Law.
Sparked by the #MeToo movement, social commentary and media have revived broad-based discussions concerning sexual harassment and misconduct in contemporary workplaces. Evidence suggests that legal claims concerning sexual harassment and misconduct are increasingly being pursued through human rights tribunals. However, there is reason for concern that the increasingly documented issues attending victims of sexual assault and gender-based violence in the criminal justice system may arise in complaints of sexual harassment under human rights law as well. This lecture draws on a report that analyzed substantive decisions on the merits concerning workplace sexual harassment at each of the BC and Ontario Human Rights Tribunals from 2000-2018, with a view to identifying how the law of sexual harassment is understood, interpreted and applied by the Tribunals’ adjudicators. In particular, this lecture focuses on demonstrating how gender-based stereotypes and myths known to occur in criminal justice proceedings arise in the human rights context for sexual harassment complainants.
About the speaker
Bethany Hastie is an Assistant Professor at the Peter Allard School of Law at UBC. She holds a DCL and LLM from McGill University and a JD from UBC. Bethany’s research examines precarious labour in the intersection spaces of human rights, immigration, and labour and employment law. Her recently completed report, “Workplace Sexual Harassment : Assessing the Effectiveness of Human Rights Law in Canada” was completed with funding from the Canadian Bar Association Law for the Future Fund. Her work on sexual harassment law is forthcoming in the Canadian Journal of Women and the Law, and has been presented in academic and practice settings across Canada.
A talk by Professor Nergis Canefe
Professor Nergis Canefe (Associate Professor, Center for Refugee Studies, Osgoode Hall Law School) delivered a talk at McGill, on the invitation of the Oppenheimer Chair and the CHRLP, revisiting the Nuremberg legacy from the perspective of collective responsibility and culpability. Due to the extensive the nature of harm involved in historic injustices, Professor Canefe posits that individual responsibility argument waged against historic justice claims carries forward a great deficit. Historic injustices and the harms they generate are best understood as collective harms. The response to such harms must have a collective component as well, and the remedies offered are only meaningful in a social and political context.
One common form of such harm, constitutive harm, significantly differs from the aggregative accounts of harm generally used by standard individual criminal litigation processes. It is the type of harm that people suffer as members of historically wronged groups and communities and often in the hands of the state that was poised to protect them. Therefore, historic injustice cases require a different account of responsibility, one that cannot be harnessed solely based on individual responsibility argumentation within the context of domestic or international criminal justice jurisprudence.
Her article urges that we make room for considerations pertaining to collective responsibility as a moral obligation, thus providing a context within which legal judgment for egregious crimes could be firmly situated and historicized.
About the speaker
Nergis Canefe is a scholar trained in the fields of Political Philosophy, Forced Migration Studies and International Public Law with special focus on Human Rights and state-society relations. She has over twenty years of experience in carrying out in-depth qualitative research with displaced communities and teaching human rights and public law globally. Her research experience includes working with the Muslim and Jewish Diasporas in Europe and North America, refugees and displaced peoples in Turkey, Cyprus, India, Uganda, South Africa, Bosnia and Colombia. national association for the study of forced migration).
Date : 7 Oct, 2019 Location : New Chancellor Day Hall Stephen Scott Seminar Room (OCDH 16), 3644 rue Peel, Montreal, QC, H3A 1W9, CA
Organised by the IBCR and McGill University Faculty of Law, co sponsored by the CHRLP and Oppenheimer Chair in Public International Law (Francois Crepeau). This conference gathered internationally renowned experts in the field of children’s rights and with the exceptional participation of Najat Maalla M’jid, the United Nations Special Representative of the Secretary-General on violence against children.
The panel reviewed the progress made since the creation of the CRC 30 years ago and discuss current matters and situations to assess the achievements and challenges still pending regarding children’s rights worldwide.
Monday, November 19, 2018 from 1pm to 2:30pm. McGill University Faculty of Law, NCDH 316.
LUNCH IS INCLUDED.
This presentation will focus on reconsidering inherited assumptions about parenthood, household and the concept of care during times of prolonged parent-child separation. The migration of Central and Eastern European parents in the domestic care sector of Europe has allowed for the development of a unique system of transnational welfare between home and host societies. Across the globe, transnational family life takes place at the intersection of various legal, policy and market regimes, requiring that the boundaries of family law and migration law be redrawn. Examining this issue in the European sphere allows for a unique perspective as EU regulation and jurisprudence attempts to balance competing interests of the right to free movement and the right to family life. Going forward the framework developed in the dissertation allows for much needed comparative analysis with transnational family life outside of the transnational space of the European Union. Further exploration of the lived experience of mobile families within in and beyond the EU will carry valuable lessons and lead to useful analytical approaches for both theory and practice.
About the Presenter :
Dr. Edit Frenyó’s teaching and research experience revolve around the areas of Transnational Family Law, Migration Studies, Human Rights and Children’s Rights. After having completed her undergraduate legal studies with distinction at the University of Szeged’s Faculty of Law, she practiced civil law as a full time notarial clerk in Budapest, Hungary. Ms. Frenyó earned an LL.M. at Boston College Law School in 2010, where she spent the subsequent year as a visiting scholar/teaching assistant, co-developing and -teaching a new course, International Human Rights : Semester in Practice. She earned her S.J.D at Georgetown University Law Center, where she applied perspectives of law and the social sciences in her doctoral research, to explore the contemporary phenomena of transnational families.