Sex Slavery from the Inside: a documentary on human trafficking

reporter: what thoughts crossed your mind while you were there? (she means where she was kept in captivity)
Jenea: I have the same thoughts now: it would have been better for me not to be born...

The case of Alicjia Tysiac

Women’s rights activists, reproductive rights activists and activists for the separation of Church and State in Europe are invited to support Alicjia Tysiac against Catholic fundamentalists in Poland, by sending letters of support (Amicus Curiae) to the Polish Court of Appeal in Katowice, where a first audience has been scheduled for February 19.

 

The facts:


Alicjia Tysiac won litigation against Poland after a long struggle, when the European Court of Human Rights (Strasbourg) decided that Poland had not respected its own laws by denying her an abortion for health reasons. As a consequence this working class woman has since to live with a severe handicap (becoming almost blind). Since the Court published the verdict, Alicjia has become the target of a terrible defamation campaign. From pulpits and through Catholic media, Alicjia is called a “potential child murderer” who sued her country for hindering her to kill her own child. Photos and the names of her children were published in a diocesan weekly that opened its pages for a hate debate. She and the European Court of Human Rights have been compared to nazi criminals., etc.. In the past exacerbating Polish Catholic fundamentalists about a justice system that does not pronounce the sentences they wish to hear has had lethal consequences.
She sued the editor of Gosc Niedzielny, the Silesian diocesan weekly, and its owner, the archdioceses for defamation and won. On September 23, the court condemned the wekkly to publish formal excuses to Alicjia Tysiac and pay her a compensation of Euro 10 000. But the bishops decided to appeal.
An appeal process will deal with formal errors.

An analysis of the arguments of the bishops (they have published them on the internet and are seeking support) by Alicjia’ lawyers show the following strategy:

1.     The ECRH sentence is not relevant for Polish jurisprudence as not published in Polish (the ECHR only publishes its verdicts in French and English)

2.     Freedom of expression allows to comment sentences of the ECHR

3.     The Concordat has legal preeminence as an international treaty, and article 20 of the Concordat would be violated by the verdict of the local tribunal

4.     The young woman judge at the local Court misinterpreted the ECHR verdict. She is anyhow decried as totally incompetent

5.     The sentence of the local Court did not take into account that the Polish public opinion condemns Alicjia and the ECHR verdict

6.     EU institutions have no say concerning Churches as the relationship with these depends on the national State (principle of subsidiarity)

The main arguments of Alicjias lawyers are:

1.     Poland signed the European Convention of Human Rights and is consequently submitted to the jurisdiction and jurisprudence of the European Court of Human Rights.

2.     It is unacceptable to instrumentalise the Shoah for opposing abortion

3.     It is unacceptable to compare the ECHR with nazi criminals.

4.     A Court needs to make decisions independently from public opinion.

5.     Freedom of expression has limits, in particular when the one attacking is a very powerful institution and the one attacked a weak individual.


Monika Karbowska, French-Polish feminists prepared a synthesis of the 80 pages of Alicjias lawyers. If you wish to receive it (in Polish, French or Spanish), please do not hesitate to request it.

This case is emblematic for the struggle of religious fundamentalism against the separation of religion and politics. Alicjia’s victory at the local tribunal was a huge victory. For the first time the Polish hierarchy was condemned to publicly apologize to a woman for not respecting her decision to have an abortion, in conformity with the laws of her country.

A victory of Alicjia’s at the Katowice Court of appeal would go further. Not only would it be a victory for women’s reproductive rights in Poland and in Europe but also and above all it would be a victory of the Lay
State over the ultraconservative Catholic hierarchy in Poland. It would show that the European Court of Human Rights is a guardian of the universality of Human Rights in Europe against the privileges of a powerful faith based institution.

The support received by Alicjia for the trial at the local Court was very helpful. It showed that the international community was watching. Of particular importance was the letter of support addressed by the progressive
European Catholics (European Network Church on the Move). It allowed for Polish media and the public opinion to learn that Catholics in other European countries disagree with the bishops on women’s rights.

Amicus Curiae letters (letters of the Friends of the Court) should be addressed:

MENTIONING Gosc Niedzielny vs. Alicjia Tysiac

Via snail mail to:

Sad Apelacyjny
Al.W.Korfantego 117/119
40-156
Katowice
Poland

An electronic copy of your letter should be sent by February 10 to Elfriede Harth (e.harth@yahoo.com) to be included in a file to be handed out to journalists at a press conference organized by the Committee of Support on February 19.

Economic turmoil has exacerbated violence against women

9 September 2009 – The scourge of violence against women has worsened as a result of the global financial downturn over the past year, Deputy UN Secretary-General Asha-Rose Migiro said today as she urged some of the world’s richest countries to lead the way in turning the many international pledges to support women and girls into concrete results.
In a keynote address in Rome to a ministerial-level conference on violence against women, being held under the auspices of the Italian presidency of the Group of Eight (G8), Ms. Migiro said there is evidence that women and girls are exposed to a greater risk of violence during times of hardship.
“We have seen rising levels of despair and frustration in families and communities around the world, exacerbating violence against women,” she said.
“In a recent survey of more than 630 domestic violence shelters in the United States, 75 per cent reported an increase in women seeking help for abuse since September 2008, coinciding with a major downturn in the US economy. We must remain especially vigilant through these tough times.”
Ms. Migiro detailed to the conference some of the steps taken by the UN to end violence against women and girls, including Secretary-General Ban Ki-moon’s UNiTE campaign, which calls on world leaders to launch national campaigns aimed at preventing and eliminating violence against women and girls in all parts of the world.
She noted that the Convention on the Elimination of all Forms of Discrimination against Women, which is nearing the thirtieth anniversary of its adoption, and several landmark Security Council resolutions on women, peace and security indicated that the international community has taken “significant” steps towards protecting women from violence.
However, “we still have a long road to walk before the full meaning of these international agreements is fully transformed from words on paper to reality on the ground.”
Ms. Migiro urged participants at today’s conference to put into practice two earlier recommendations calling on G8 members to enhance the rights of women.
The first calls on G8 members to back programmes that promote women’s rights and make information about sexual and reproductive health widely accessible, while the second calls for support for peacekeeping and peacebuilding operations worldwide so as to emphasize security, the protection of civilians and action against sexual and gender-based violence.
“Ending violence against women will not be easy. It will require sustained dedication and collaboration,” she said.



UN News Centre

Honour Killings

no comment

Tribunals decide not to annul marriage of eight-year-old girl

UNICEF Press release

UNICEF is deeply concerned by reports that Saudi Arabian tribunals have decided not to annul the marriage of an eight-year-old girl. Irrespective of circumstances or the legal framework, the marriage of a child is a violation of that child’s rights.

The right to free and full consent to marriage is recognized in the Universal Declaration of Human Rights. Consent cannot be free and full when either party to a marriage is too young to make an informed decision.

UNICEF joins many in voicing concern that child marriage contravenes accepted international standards of human rights. It can also have a long term detrimental effect on the child’s emotional, physical and psychological welfare.