‘Governmental Xenophobia’ and Crimmigration : European States’ Policy and Practices towards ‘the Other’

No-Foundations 2018, nr 15, s. 74-100.

Współautorstwo: Klaus, Witold

This article identifies practices of numerous European states characterized as manifestations of “governmental xenophobia” and “crimmigration” as its special phenomenon, while at the same time demonstrating the ways these practices breach fundamental human rights, including prohibition of discrimination. Europe has been selected as a case-study for the purpose of this article as currently it is the areathatreflects and cumulates, in an unprecedented way, all phenomenon the article relates to. It also proves that both the old, Western Europe’s democracies and former Central and Eastern member states of the European community are not free from using the same practices towards “the Other”, relying very often on the same – universal xenophobic attitudes fed by the same fears and prejudice.

Law-Secured Narratives of the Past in Poland in Light of International Human Rights Law Standards

Polish Yearbook of International Law 2018, t. XXXVIII, s. 59-72.

Współautorstwo: Baranowska, Grażyna; Wójcik, Anna

Given the whole spectrum of doubts and controversies that arise in discussions about lawsaffecting historical memory (and their subcategory of memory laws), the question ofassessingthem in the context ofinternationalstandards ofhuman rights protection -and in particularthe European system ofhuman rights protection -is often overlooked. Thus this article focuseson the implications and conditions for introducing memory laws in light of internationalhuman rights standards using selected examples of various types of recently-adopted Polishmemory laws as case studies. The authors begin with a briefdescription ofthe phenomenon ofmemory laws and the most significant threats that they pose to the protection ofinternationalhuman rights standards. hefollowing sections analyse selected Polish laws affecting historicalmemory vis-a-vis these standards. The analysis covers non-binding declaratory laws affectinghistorical memory, and acts that include criminal law sanctions. The article attempts tosketch the circumstances linking laws affecting historical memory with the human rightsprotection standards, including those entailed both in binding treaties and other instrumentsof international law

Memory Laws in European and Comparative Perspective MELA (www.melaproject.org) research con-sortium is supported with HERA grant no. 15.094.

“Right to Truth” and Memory Laws : General Rules and Practical Implications

Polish Political Science Yearbook 2018, t. 47, nr 1, s. 97-109.

Współautorstwo: Baranowska, Grażyna

The “right to truth” relates to the obligation of the state to provide information about the circumstances surrounding serious violations of human rights. Despite its increasing recognition, the concept raises questions as to its scope and implementation as well as its existence as a free-standing right. Similarly, “memory laws” relate to the way states deal with their past. However, there are certain „memory laws” that, while officially serving as a guarantee for accessing historical truth, lead to its deformation. As a result, an “alternative” truth, based on the will of the legislators, is being imposed. In this article, the authors elaborate on the general nature of the new legal phenomenon of the „right to truth”, as a tool of transitional justice, in particular in the context of both providing and abusing historical truth by the legislators, through the instrument of “memory laws”.

Comment to the Decision of the Committee on the Elimination of Racial Discrimination in V.S. v. Slovakia (application no. 56/2014) of 4 December 2015

Prace Naukowe Uniwersytetu Śląskiego. Silesian Journal of Legal Studies 2018, nr 10, s. 31-38.

The article presents comments to the decision of the UN Committee on the Elimination of Racial Discrimination in one of the cases concerning racial and ethnic discrimination of Roma. The comments are made within a broader context of multiple violations of Roma rights in today’s Europe and structural problem of discrimination of Roma in the employment sector. Remarks on the understanding of the concept of burden of proof in discrimination cases, as well as on the failure of domestic systems of human rights protection are also offered here.