An activist who faces a potential fine after speaking about abortion rights and women’s rights at a United Nations forum, should have the defamation charge against her dropped, Amnesty International said ahead of the organization’s participation in an event on sexual and reproductive rights in Andorra.

In 2020 the public prosecutor brought three criminal defamation charges against Vanessa Mendoza Cortés following a complaint by the Andorran government after she spoke about abortion rights and the situation of women and girls in the country at a specialist United Nations Committee meeting. In 2021 the prosecutor dropped two of the charges involving prison sentences, but she still faces a potential fine of up to 30,000 euros and a criminal record if convicted. Andorra is one of the few remaining countries in the world to have a total ban on abortion.

“The initial complaint, prosecution and later indictment of Vanessa Mendoza Cortés after her legitimate participation in an expert UN body is nothing less than a shameful and deliberate attempt to prevent her from voicing her opinions and punish her for speaking about abortion and women’s rights,” said Monica Costa, Senior Campaigner, Amnesty International.

I am being treated like a criminal, but I have done nothing wrong. I won’t stop speaking out for the rights of women and girls in Andorra, including their right to abortion in a country where access to it is totally banned.

Vanessa Mendoza Cortés

Background

Vanessa Mendoza Cortés is a psychologist and the president of the women’s rights organization Stop Violències. In 2019 she spoke about the situation of women and girls including the right to abortion in the review of Andorra conducted by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW). Last October, a judge issued an indictment against her for the alleged “crimes against the prestige of the institutions”. There is no date for the trial yet.

Andorra and Malta are the only two countries in Europe with a total ban on abortion. As a result of the ban, people in need of abortions are compelled to travel abroad, mainly to France and Spain to seek the healthcare they are entitled to. Those unable to travel because of the cost or due to their uncertain legal status face a heightened risk of human rights violations.    

On 16 December Amnesty International will participate in an event about sexual and reproductive rights in Andorra organized by Stop Violències.  The event will start at 18:30 (CET). Prior to the event, at 12.30 (CET), there will be a press conference at Sala d’Actes del Centre Cultural de la Llacuna, Andorra la Vella.

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The climate crisis does not respect borders and our laws and policies must reflect this

Ashfaq Khalfan, Amnesty International's Law and Policy Director.

The Court will decide on whether it agrees to proceed with the case filed not only against Portugal, where the applicants live, but also 32 other countries – which comprise of EU members as well as Norway, Russia, Turkey, Switzerland, UK and Ukraine.

“The climate crisis does not respect borders and our laws and policies must reflect this. To ensure justice for people most affected by heatwaves, drought and forest fires – particularly children – states must be required to tackle climate change and its impacts at home and abroad,” said Ashfaq Khalfan, Amnesty’s Law and Policy Director.

“Governments can no longer act as if people outside their borders do not matter when they design their climate policies.”

The crowdfunded case, Duarte Agostinho and others v. Portugal and others, in which the group is intervening, has been brought by six youth from Portugal who are accusing 33 European countries of violating their human rights, including their right to life, by not taking adequate steps to limit greenhouse gas emissions.

To ensure justice for people most affected by heatwaves, drought and forest fires states must be required to tackle climate change and its impacts at home and abroad

Amnesty International

“Those affected by climate change should be allowed to make claims against governments other than their own. If governments are only required to act on the rights of people living within their borders, it is easier for them to ignore the impacts on people in the most affected countries and be more lethargic in their work to reduce greenhouse gas emissions” said Professor Mark Gibney, of the University of North Carolina Asheville.

If allowed to proceed, the case could set an important precedent, clearing the way for other climate lawsuits based on human rights arguments.

“This case is also important to ensure governments are required to design climate policy in a way that recognises the particular climate risks to children and take the ambitious climate protection measures needed to protect their rights,” said Gamze Erdem Türkelli, of the University of Antwerp. 

For more information contact Ashfaq Khalfan, Twitter: @ashfaqkhalfan

Gamze Erdem Türkelli, Twitter: @GamzeErdmTrklli

Amnesty International press office: Twitter @StefSimanowitz

For more details about the intervention, see:https://www.etoconsortium.org/en/news/news/first-climate-change-case-at-the-european-court-of-human-rights-justice-must-not-stop-at-borders-182/ . The submission is available here.

For more information on the case, see http://hudoc.echr.coe.int/eng?i=001-206535 and https://youth4climatejustice.org/the-case/.

BACKGROUND

The six applicants in this case, Cláudia Agostinho (21), Catarina Mota (20), Martim Agostinho (17), Sofia Oliveira (15), André Oliveira (12) and Mariana Agostinho (8), are suing the 27 European Union member states, as well as the UK, Switzerland, Norway, Russia, Turkey and Ukraine for failing to make deep and urgent emissions cuts to safeguard their future.

The group intervening today as a third party in the case is made up of members of the Extraterritorial Obligations Consortium which advocates for rights beyond borders.

It includes: Amnesty International; the Center for Legal and Social Studies (CELS); the Center for Transnational Environmental Accountability (CTEA); the Economic and Social Rights Centre (Hakijamii); FIAN International; the Great Lakes Initiative for Human Rights and Development (GLIHD); the University of Antwerp Law and Development Research Group; Prof. Dr. Mark Gibney; Dr. Gamze Erdem Turkelli; Dr. Sara Seck; Prof. Dr. Sigrun Skogly; Dr. Nicolas Carrillo-Santarelli; Prof. Dr. Jernej Letnar Cernic; Tom Mulisa; Dr. Nicholas Orago; Prof. Dr. Wouter Vandenhole; and Jingjing Zhang

The post Europe: “Climate justice must not stop at borders” human rights organizations tell ECHR in landmark case appeared first on Amnesty International.

The criminal defamation charges against Vanessa Mendoza Cortes, were brought by the Andorran government after she spoke about the situation of women and girls in the country at the United Nations Committee on the Elimination of Discrimination against Women in 2019. Andorra is one of the few remaining countries in the world to have a total ban on abortion.

Prosecuting a respected human rights defender as a consequence of her legitimate work and participation in a UN expert body meeting is a shocking act of intimidation

Monica Costa Riba, Amnesty International

“Prosecuting a respected human rights defender as a consequence of her legitimate work and participation in a UN expert body meeting is a shocking act of intimidation and an attempt to shut down freedom of expression,” said Monica Costa Riba, Senior Campaigner, Amnesty International.

“Vanessa Mendoza Cortes should be supported in carrying out her work defending the rights of women and girls, rather than being criminalized for it.”

Vanessa Mendoza Cortes, a psychologist and the President of women’s rights organisation Associacio Stop Violencies, used the UN expert forum to call for the decriminalization of abortion in Andorra and greater reproductive rights for women and girls.

The government of Andorra filed a criminal complaint for false accusation claiming that their “good name and prestige” had been compromised. Vanessa Mendoza Cortes was charged in 2020, with the Public Prosecutor using the report she had submitted to the UN body as evidence.

The charges against her carry heavy penalties, including a potential sentence of up to four years’ imprisonment and fines of up to 30,000 euros.

Andorran authorities should focus their energies on fulfilling their obligations to better protect women’s and girls’ reproductive rights rather than criminalizing those who speak up for them

Monica Costa Riba, Amnesty International

“Instead of using criminal sanctions to  prevent Vanessa Mendoza Cortes from voicing her opinions freely, the Andorran authorities should drop all charges against her,” said Monica Costa Riba.

“We urge the Andorran authorities to focus their energies on fulfilling their obligations to better protect women’s and girls’ reproductive rights rather than criminalizing those who speak up for them.”

For more information or to arrange an interview contact press@amnesty.orgpress@amnesty.org  +44 2030365599

Background 

The government of Andorra filed a criminal complaint for false accusation against Vanessa Mendoza Cortes, claiming that their good name and prestige had been compromised. The state drew on provisions in the criminal code that should be reformed. Defamation should not be a criminal offence nor used to protect governments, abstract values or state institutions from criticism and scrutiny.  Andorra should reform these articles and not apply them pending their reform.

The hearing scheduled for 17 February is part of the preliminary proceedings against Vanessa Mendoza Cortes.

Amnesty International public statement https://www.amnesty.org/en/documents/EUR12/3684/2021/en/

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Yesterday alone, Andorra, Israel and Zimbabwe signed the ATT while Lithuania and the Netherlands ratified. These five states join several others which signed and ratified the treaty earlier this month, bringing the total number of signatures to 128, of which 60 have ratified. South Africa is also expected to ratify the treaty at the UN imminently. States that have ratified will now become states parties to the treaty.

“World leaders are sending an unequivocal message. This virtual stampede of new states rushing to join the Arms Trade Treaty is another clear vote of confidence for this ground-breaking measure that will protect human rights and save countless lives,” said Marek Marczynski, Head of Military, Security and Police at Amnesty International.

“That the likes of Israel, a major arms exporter and importer, and South Africa, the African continent’s largest arms trader, are still signing and ratifying before the treaty even comes into force will strengthen its global impact.

“The more states get on board the treaty, the more it will shine the light of transparency into the murky waters of the international arms trade. Strict implementation of this treaty has the potential to save millions of lives and reduce the risk of serious human rights abuses around the world.”

Five of the top 10 arms exporters – France, Germany, Italy, Spain and the UK – have already ratified the ATT. The USA, by far the largest arms producer and exporter, is among 68 countries that have signed but not yet ratified the treaty. 

Other major arms producers like China, Canada and Russia have resisted signing or ratifying the ATT. North Korea, Iran and Syria are the only three states that voted against adopting the treaty at the UN General Assembly.

Amnesty International and its supporters have lobbied and campaigned relentlessly for an ATT since the mid-1990s. It will become binding international law on 24 December, after which it will require states to adhere to strict global rules on international arms transfers to stem the flow of conventional arms and munitions that fuel atrocities and abuse.

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