The concept of vulnerability in the United Nations human rights treaty bodies protection system

Współautorstwo: Gliszczyńska-Grabias, Aleksandra

Women, children and (other) vulnerable groups : standards of protection and challenges for international law / Magdalena Półtorak, Ilona Topa (eds.). Berlin : Peter Lang, © 2021, s. 23-40.

A. Gliszczyńska-Grabias and G. Baranowska in the chapter entitled “The concept of vulnerability in the United Nations human rights treaty bodies protection system” present the comprehensive analysis of treaty provisions under which certain groups are named and recognized as vulnerable, offering also a general overview of the invocation of the concept of vulnerability in the decisions of selected UN treaty bodies. Next, the authors review who so far has been considered vulnerable by the treaty bodies and conclude with defining the attitude of selected UN treaty bodies towards the notion of vulnerability.

Rights of Families of Disappeared Persons : How International Bodies Address the Needs of Families of Disappeared Persons in Europe

Cambridge ; Antwerp ; Chicago : Intersentia, 2021

Seria: Series on Transitional Justice 26

ISBN 9781839701375

XXI, 218 stron. Indeks.

This book examines how international judicial and non-judicial bodies in Europe address the needs of the families of forcibly disappeared persons. The needs in question are returning the remains of disappeared persons; the right to truth; the acceptance of responsibility by states; and the right to compensation. These have been identified as the four most commonly shared basic and fundamental needs of families in which an adult was disappeared many years previously and is now assumed to be dead, which is representative of the situation of the vast majority of families of disappeared persons in Europe. The analysis covers the judgments and decisions of the European Court of Human Rights, the UN Human Rights Committee, the International Criminal Tribunal for the former Yugoslavia, the Human Rights Chamber for Bosnia and Herzegovina, the Human Rights Advisory Panel in Kosovo, as well as the activities of the Committee on Missing Persons in Cyprus, the Special Process on Missing Persons in the Territory of former Yugoslavia, the UN Committee on Enforced Disappearances and the International Commission on Missing Persons. In so doing, the book demonstrates whether, how, and based on what principles these four needs of the families of disappeared persons can constitute a claim based on international human rights law.

‘Grażyna Baranowska offers a comprehensive yet nuanced way of addressing enforced disappearances in Europe. Her book provides a fascinating account of how the approach to enforced disappearances has developed over the last decades and uncovers where its remaining weaknesses lay. It explains how human rights mechanisms respond to mass enforced disappearances that occurred in the last century, as well as to recent events, such as extraordinary renditions and enforced disappearances of protestors. The much-needed multi-disciplinary approach taken by the author allows for a better understanding of how the law and its implementation meet the needs of the families of the disappeared.’ -- Manfred Nowak, Professor of International Human Rights, University of Vienna; Secretary General, Global Campus of Human Rights

‘The book is bound to be regarded as a sound contribution to the literature on the phenomenon of enforced disappearance, focussing on the less studied European context, and addressing, through a scrupulous analysis of international jurisprudence, the multiple dimensions of the needs of the families of disappeared persons. Exploring those needs is a crucial first step for a better understanding of this heinous practice and its long-lasting consequences, as well as for the recognition of families of the disappeared as right-holders and the identification of the corresponding State's obligations.’ -- Gabriella Citroni, Adjunct Professor of International Human Rights Law, University of Milano-Bicocca

New International Migration Management Technologies and Their Impact on Sustainability

Współautorstwo: Szoszkiewicz, Łukasz

Reduced Inequalities. - Encyclopedia of the UN Sustainable Development Goals. Cham : Springer, 2021.,

This entry is based on research conducted within the project “The role of science and data in the era of Artificial Intelligence – States’ obligations regarding data governance under Article 15(1)b of the International Covenant on Economic, Social and Cultural Rights” financed by National Science Centre (no. 2018/31/N/HS5/01592).

Pushbacks in Poland : Grounding the Practice in Domestic Law in 2021

Polish Yearbook of International Law 2021, t. XLI, s. 193–211.

In the summer of 2021 deliberate actions by the Belarusian state authorities led to a huge increase of people irregularly crossing the border from Belarus to Poland. Instead of addressing this humanitarian crisis, the Polish government responded with actions that were in violation of its international obligations and domestic law. Among these measures was carrying out “pushbacks” and grounding them in Polish domestic law. “Pushbacks” are the practice of returning people to the border without assessing their individual situation. The formalization of those practices in 2021 was done within two legal frameworks; one interim and one permanent. They continue to function in parallel while containing different provisions. This article assesses the two frameworks’ compatibility with domestic and international law and concludes that they both violate domestic and international rules. In the context of EU law, the article demonstrates the incompatibility of the two frameworks with the so-called Asylum Procedures Directive and Return Directive. The article urther argues that the pushbacks violate the European Convention of Human Rights and would not fall within the exceptions to the prohibition of collective expulsions.