International and European Human Rights Law

THE CONVENTION/EUROPEAN COURT OF THE MAN

The European Convention on Human Rights (ECHR) is an international treaty. It was developed in the aftermath of the Second World War and the Holocaust and was conceived as an “early warning system” to prevent European states from sinking into totalitarianism and tyranny.

The European Convention on Human Rights is an international treaty under which Council of Europe member states guarantee fundamental civil and political rights, not only to their nationals, but also to all persons under their jurisdiction. Signed on 4 November 1950 in Rome, the Convention came into force in 1953.

In short, the ECHR and its Protocols:

– set out the fundamental rights and freedoms that the 47 member states of the Council of Europe must guarantee to anyone under their jurisdiction,

– and establishes a system of judicial review – the European Court of Human Rights – that can hold states that violate human rights to account. The rights and freedoms guaranteed b

y the ECHR and its Protocols are as follows (http://www.echr.coe.int/NR/rdonlyres/086519A8-B57A-40F4-9E22-3E27564DBE86/0/FRA-Conven.pdf)ECHR law and general fundamental righ

ts and general rights are diffuse and fundamental rights are diffuse and fundamental rights all branches of law (civil, criminal, administrative, commercial, constitutional, international, etc.). They often question civil society on complex issues such as bioethics, new technologies, the right to a healthy environment, the right to abortion, homosexuality and homosexuality, and are sometimes at the centre of issues political and geopolitical issues.

In a complex matter where the eCHR law, mainly of a judicial nature and of cross-influence, is constantly evolving, the firm of Master Grégory THUAN DIT DIEUDONNÉ is committed to advising and assisting you throughout the proceedings before the Court, the last instance in which the litigant can assert his rights.

In this area, the firm provides you with a number of relevant information on the procedure to be followed, the scope and limitations of the ECHR, its impact on national law, etc.

1. Procedure before the Court and the handling of cases (operation, referral, admissibility)

The procedure before the Court is a complex procedure to be controlled and subject to very strict formalism (Article 47 of the Regulations).

The filing of an application is only possible if the conditions of admissibility provided by the Convention have been met. It is a characteristic of the supranational procedure, which is thus singularly close, albeit with specific traits, to national judicial procedures.

As a general rule, they set the framework within which the Court should be placed.

The different conditions of admissibility stipulated in Articles 34 and 35 of the Convention do not all have the same purpose, nor the same weight

The CABINET THUAN DIT DIEUDONNÉ WILL guide you in this particular procedure in order to avoid the many pitfalls.

To visualize the path of a query:

2. Country-by-country fact sheets

 The Court’s press service has compiled country-specific fact sheets on the Court’s jurisprudence and pending cases. The firm THUAN DIT DIEUDONNÉ invites you to click on the links below to have an instant “photograph”: https://www.echr.coe.int/Pages/home.aspx?p=press/factsheets&c=fre

3. The case cards

The press service of the Strasbourg Court provides you with thematic fact sheets on the Court’s jurisprudence and pending cases. The cabinet THUAN DIT DIEUDONNÉ invites you to consult them here: https://www.echr.coe.int/Pages/home.aspx?p=press/factsheets&c=fre

4. The emergency measures issued by the Court (requests for interim measures)

What are interim measures?

The Court may, under Article 39 of its regulation, indicate provisional measures to any State Party to the Convention. Interim measures are emergency measures which, in the Court’s consistent practice, apply only when there is an imminent risk of irreparable harm. (see Mamatkulov and Askarov c. Turkey [GC], no 46827/99 and 6951/99, 104, 4 February 2005 and Paladi v. Moldova [GC], No. 39806/05, 86-90, March 10, 2009).

Interim measures are applied only in limited areas: the most typical cases are those where there are fears of threats to life (a situation under Article 2 of the Convention), or ill-treatment prohibited by Article 3 of the Convention (prohibition of torture and inhuman or degrading treatment).

Exceptionally, they can also apply to certain applications relating to the right to privacy and family life (Article 8 of the Convention).

The vast majority of the provisional measures indicated relate to deportation and extradition cases. In these cases, the Court may ask the State concerned to suspend the applicant’s removal. In the Court’s practice, applications that are clearly outside the scope of section 39 are not referred to the Presiding Officer for a decision and are immediately dismissed.

Terms and time to process applications

Each application is subject to an individual review. The procedure is written. Any request for interim measures is treated as a matter of priority, unless the application is clearly intended to be delaying.

Applicants are informed of the Court’s decisions on requests for interim measures by letter (faxed and mailed).

No recourse

Section 39 refusal decisions are not subject to recourse.

The duration and lifting of the application

Provisional measures may be indicated for the duration of the proceedings before the Court or for a more limited period of time.

The application of Article 39 may be waived at any time on the court’s decision.

In particular, since the application of Article 39 of the Regulation is related to the procedure before the Court, the measure may be lifted if the application is not upheld.

Case of a person referred to a Member State

When a person, whose request for an interim measure has been refused, is referred to another Member State, he may, if necessary, make a new application against that State under Article 39 of the Regulation or a request on the basis of Article 34 of the Convention. Applicants or their representa[1]tives seeking interim action under section 39 of the Regulation must comply with the requirements outlined below.

Failure to comply with these requirements may make it impossible for the Court to properly and timely consider the application.

The Cabinet of Master THUAN DIT DIEUDONNÉ, with its experience in this area, will assist you in your steps.

5. The execution of the Court’s judgments

In accordance with Article 46 of the Convention, infringement judgments are mandatory for condemned states that are required to enforce them. The Council of Europe Committee of Ministers ensures that judgments are carried out, including that the sums of money allocated by the Court to the claimants in reparation for the damage they have suffered are actually paid to them.

When a judgment of violation is rendered, the Court transfers the file to the Committee of Ministers of the Council of Europe, which determines with the country concerned and the enforcement service how to carry out the judgment concerned and prevent any new convention violation. This translates into general measures, including changes in legislation, and, if necessary, individual measures.

The Cabinet THUAN DIT DIEUDONNÉ REGULARly acts before the Committee of Ministers.

For more information and to go further, click here or check out the recurring questions.

THE AFFAIRES DISED By CABINET THUAN DIT DIEUDONNÉ

Mr. THUAN DIT DIEUDONNÉ, with the agreement of his clients, makes available a number of cases successfully dealt with before the European Court.

International law Me Thuan says goddonné lawyer international law in Strasbourg

By a judgment of February 15, 2018 (GHEDIR v. FRANCE, req. 20579/12), the European Court of Human Rights ordered France to pay the applicant, Abdelkader Ghedir, represented by Mr. THUAN DIT DIEUDONNÉ and Mr. Ursulet, the total sum of 6,539,950 euros for all the damages suffered. 

Never before has a member state of the Council of Europe (let alone the French state) been so heavily condemned by the EDH Court for this type of grievance (Article 3)!

It is therefore a historic decision made by the Strasbourg Court vis-à-vis France. 

This decision follows a previous decision of the Court in the same case, on 16 July 2015, in which it found that Article 3 of the ECHR had been violated in its material component, as a result of the violent conditions of arrest and care by the applicant’s police at Mitry-Mory RER station, now under guardianship and diminished to the extreme, physically and intellectually. 

Since the question of the application of Article 41 of the Convention was not in good condition, the Court had reserved it. 

It is discussed in the press (attached a selection of press articles):

By a judgment of January 18, 2018 (OLLER KAMINSKA v. POLAND, request 28481/12), the European Court of Human Rights has again condemned Poland for violating Article 8 of the European Convention on Human Rights (right to respect for family life). 

In this case, relating to an international abduction of children from Ireland to Poland, Mr. THUAN DIT DIEUDONNÉ defended the interests of the victim parent, Mrs Oller Kaminska, mother of the abducted child, who now resides permanently by her side. Ireland. 

In its judgment, the Court ordered Poland, for violating the positive obligations under Article 8 of the ECHR, to pay 25,000 euros in fair satisfaction under Article 41 of the ECHR. 

Attached is the English-language stop for details.

By a judgment of October 17, 2017 (AMIROV v. RUSSIA, No. 56220/15), the European Court of Human Rights has condemned the Russian Federation for violating Article 3 of the ECHR (prohibition of torture). 

Former Prime Minister of the Republic of Dagestan and former Mayor of the capital Makhatchkala, Said AMIROV, represented by Mr. THUAN DIT DIEUDONNÉ, is currently being held in the Orenbug Prison Colony No. 6 in Central Asia, infamous as name “Black Dolphin” (the Black Dolphin). 

Severely handicapped and suffering from multiple debilitating conditions, he was sentenced to life imprisonment following an unfair trial in which the evidence was obtained under torture; a motion is pending before the Court to complain about it. 

In its judgment, the Court condemned the Russian Federation for violating Article 3 in that the material conditions of detention were undignified and adequate medical assistance was lacking. The judgment is being implemented before the Committee of Ministers.

Attached is the stop for more details.

By judgment of September 21, 2017 (SÉVÈRE v. AUTRICHE, No. 53661/15), the European Court of Human Rights condemned Austria for violating Article 8 of the European Convention on Human Rights (right to respect for family life). 

In this case, relating to an international abduction of children to Austria, Mr. THUAN DIT DIEUDONNÉ defended the interests of Mr Michel Sévère, a French national who was the victim of the abduction. 

The French State, in an exceptional way, intervened in the proceedings in support of the applicant as a third party, taking into account the attitude of the Austrian authorities.  

In its judgment, the Court ordered Austria, for breach of the positive obligations under Article 8 of the ECHR, to pay 33,000 euros in damages to the applicant under Article 41 of the ECHR. 

For more details, you will find a copy of the judgment, in English only. 

By a judgment of February 28, 2017 (BIVOLARU v. ROUMANIE, application 28796/04), the European Court of Human Rights has condemned Romania for violating Article 5 -1 of the Convention for arbitrary detention. 

In this case, Mr. THUAN DIT DIEUDONNÉ defended the interests of the applicant Gregorian Bivolaru, a political refugee in Sweden, founder of the first yoga school in Romania under the communist regime, and now leader of the spiritual movement MISA, considered subversive and a long-standing political opponent of the regime, even today.  Its members are regularly persecuted by national authorities.

In its judgment, the Court condemned Romania for the arbitrary detention because the applicant was untitled, despite a decision to extend the applicant’s decision to the Bucharest Court of Appeal. The Court also dismissed the remainder of the grievances relating to the violation of the presumption of innocence, the illegality of telephone searches and interceptions. 

For more details, you will find a copy of the French-language judgment. 

Criminal proceedings. Article 6-1. Fair Trial – Conflicting Procedure – Equality of Arms

Refusal to allow defence access to documents relating to discussions in which “repentants” agreed to testify for the prosecution: non-violation

In fact – The applicants were tried in the Court of Assizes for the fatal robbery of an armoured van. The indictment included references to certain “testimonies” from “repentant” indicators, the applicants criticized its probative value by arguing that their cooperation with the justice system would have been negotiated against granting benefits. In this regard, they reported the non-disclosure of prior exchanges between these witnesses and the prosecution or investigative authorities, seeing it as a hindrance to their defence. The Court of Assizes responded in detail to their arguments in an interlocutory decision. At the end of the trial, the applicants were convicted and sentenced to 15 and 25 years’ imprisonment respectively.

Law – Article 6 (fairness of procedure): Despite the absence of such a status in Belgian law, there is no reason to consider in this case that the witnesses at issue were “repentants”. They came from the criminal community and had received financial benefits. The chronology of the facts also suggests that one of them had benefited from certain criminal benefits in return for his statements. 

In considering the chronology of the facts and in view of the accumulation of informer and witness statuses as well as the profiles of the two witnesses at issue, related to banditry, the applicants were able to legitimately consider whether their charge and conviction were not based allegations that had not been fully verified, coming from persons who were not necessarily disinterested. In any event, the fact remains that these testimonies were of particular weight. It is therefore necessary to consider whether the applicants’ defence was affected or whether the difficulties that might arise from the circumstances of their collection were taken into account.

As the fairness of the trial as a whole appreciated, the Court noted, however, other factors which were likely to compensate for the difficulties that might result in the applicants’ defence. Accordingly, the limitations on the disclosure of certain parts of the record were, in this case, sufficiently compensated by the oral and adversarial proceedings followed before the court of judgment. Thus, the procedure as a whole was surrounded by sufficiently strong safeguards and did not lack fairness.

Conclusion: non-violation (unanimity).

In a judgment of 17 November 2016, the Court decided to remove the case from the role in view of Romania’s unilateral declaration to recognize the violation of Article 6-1 of the ECHR (excessive length of criminal proceedings).

By a judgment of July 19, 2016 (G. N. c. Poland, 2171/14), the European Court of Human Rights has condemned Poland for violating Article 8 of the European Convention on Human Rights (right to respect for family life). 

In that case, Mr. THUAN DIT DIEUDONNÉ defended the interests of the applicant G. N. against Poland, following the illegal international displacement of his son to that state, and the arbitrary refusal of the Polish national courts to order his return. Canada, the place of his usual residence prior to his abduction. 

In its judgment, the Court considers that Poland has clearly breached its international obligations arising from the applicant’s right to respect for family life, both materially and procedurally. 

On the merits, the Court takes the exact opposite view of the assessment made by the Polish courts, which it considers to be incorrect, concerning the interpretation of exceptions to the immediate return of abducted children, under Article 13 (b) of the Convention on 25 October 1980, and the assessment of the best interests of the child. 

For more details, you will find a copy of the judgment in English.  

By a judgment of 16 June 2016 (Soltanov et al. Azerbaijan, No. 66684/12), the European Court of Human Rights condemned Azerbaijan for violating Article 3 of Protocol 1 (right to free elections) and Article 34 of the European Convention on Human Rights (right to appeal) unhindered individual). 

In this case, Mr. THUAN DIT DIEUDONNÉ defended the interests of the applicant Intigam ALIYEV, a human rights lawyer considered a political prisoner by the international community, now released under judicial supervision. 

In its judgment, the Court condemned Azerbaijan for the impossibility of applicants running in the November 2010 parliamentary elections on arbitrary and unfounded grounds, as well as for the unlawful search and seizure of the AliYEV (and all of its files). It awards 54,100 euros in damages under Article 41 of the ECHR. 

For more details, you will find a copy of the judgment, in English only.

By a judgment of March 1, 2016 (K.J. c. Poland, No. 30813/14), the European Court of Human Rights has condemned Poland for multiple violations of Article 8 of the European Convention on Human Rights. 

In that case, Mr. THUAN DIT DIEUDONNÉ defended the interests of the applicant K. J against Poland, following the illegal international displacement of his daughter to that state and the arbitrary refusal of the Polish national courts to order his immediate return. United Kingdom, the place of his usual residence. 

In its judgment, the Court considers that Poland has clearly breached its international obligations arising from the applicant’s right to respect for family life, both materially and procedurally. 

On the merits, the Court takes the exact opposite view of the assessment made by the Polish courts, which it considers to be incorrect, concerning the interpretation of exceptions to the immediate return of abducted children, under Article 13 (b) of the Convention on The Hague of 25 October 1980. 

For more details, you will find a copy of the judgment and press releases written in English and French. 

July 16, 2015 press release:

On 30 November 2004, 21-year-old Adbelkader GHEDIR was brutally arrested by the officers of the French National Railway Company (“SUGE”) at Mitry-Villeparisis station, in the presence of police officers arrived on the spot

 He was violently pinned to the ground, while he was not resisting, and was hit in the head. 

 Abdelkader arrived at the premises of custody at Mitry Mory police station at about 20:00 and fell into a coma. 

 He is now irreversibly suffering from double hemiplegia, must be assisted by a third party in all acts of everyday life, and is handicapped to the tune of 95% of the serious injuries inflicted by state agents. 

 Following a lengthy judicial investigation of 7 years, the investigating judge issued a restraining order on 15 February 2010, upheld by the Paris Court of Appeal on 3 September 2010, and whose appeal for cassation was dismissed by the Court of Cassation on 27 September 2010. September 2011. 

 The French justice considered that there were not sufficient charges against anyone for having committed an offence against Abdelkader’ person, despite the contradictory statements of the state agents, the direct testimony in favour of Abelkader and two consistent assessments of the origin of the beatings and injuries. 

 As a result, the amount of his provisional allowance amounting to 490,000 euros (covering the costs of hospitalization, health and equipment and permanent assistance) was claimed by the Victims of Crime Guarantee Fund. 

 In a judgment of 16 July 2015, the Strasbourg Court condemned France for violating the prohibition of torture. It concluded that the internal investigations led to the meeting of contradictory and troubling elements, and that there was a sufficient bundle of evidence to hold that the source of the applicant’s injuries was the source of the direct lying public officials. 

 The Court called on the parties to reach an agreement on the encryption of the material and moral harm suffered. 

 Abdelkader‘s lawyers, Alex Ursulet of the Paris Bar, and Grégory THUAN DIT DIEUDONNÉ (former referendum to the European Court of Human Rights) welcomed the Court’s decision, which recognised the direct responsibility of law enforcement in the damage inflicted and sustained. 

The case concerned the fact that the Hungarian authorities had failed to enforce a father’s right to see his two daughters, despite being granted sole custody in Italy, in connection with an international child abduction.

The applicants in this case are Francesco Cavani, an Italian national born in 1971, and his two daughters, Ester Cavani and Anna Maria Cavani, who were born in 2003 and 2004 respectively and both hold Hungarian and Italian nationalities. Mr. Cavani resides in Formigine, Italy.

In 2004, the mother took Ester and Anna Maria out of Italy, where the family was staying at the time, to take them to Hungary. After the mother refused to return to Italy with her daughters, Mr. Cavani took the case to both Hungarian and Italian justice. In November 2005, the Hungarian courts ordered the return of Mr. Cavani’s daughters to Italy. This decision has still not been implemented: in July 2010, the mother was arrested under a European arrest warrant but was quickly released without being able to reunite Mr. Cavani and his daughters or establish their whereabouts; in October 2011, she was sentenced in her absence to a 200-day fine. In the meantime, the Italian courts granted Mr. Cavani sole custody of his daughters and annulled the marriage between mr. Cavani and his ex-wife. Mr. Cavani later withdrew a criminal complaint for child abduction in the Italian courts, in the hope of calming the situation and allowing his ex-wife to travel freely to Italy with her daughters.

Invoking Article 8 (right to respect for private and family life) of the European Convention on Human Rights, Mr Cavani and his daughters complained that the Hungarian authorities were

repeatedly failed to implement the legally binding decision of November

2005, so they hadn’t seen each other since 2005, even occasionally.

Violation of Article 8

The applicant, Laura Panetta, is a French and Italian national, born in

1968 and resident in Wickerschwihr ,High Rhine, represented by Me THUAN DIT DIEUDONNÉ.

The case concerns the non-payment of alimony due by her ex-husband who settled in Italy after the divorce. Ms. Panetta was married to an Italian national, M.N., and the couple had a child. On 24 February 1998, the high court divorced the couple and set a monthly maintenance contribution of 1,200 French francs at the husband’s expense. In April 1998, M.N. left France and returned to live in Italy. He stopped paying child support in December 1998. Ms. Panetta attempted to enforce the judgment of February 24, 1998 and filed a complaint for abandonment of the family. The French Ministry of Foreign Affairs forwarded the file to the Italian Ministry of the Interior for the purpose of activating the procedure to provide assistance under the 1956 New York Convention on the Recovery of Food Abroad. M.n. stated that it did not question the judgment of the French court but stated that it was not in a position to pay the pension. In a judgment of 27 January 2010, the Italian Court of Appeal declared that the conditions necessary for the recognition in Italy of the judgment of the French court of 24 February 1998 had been met. The Italian Interior Ministry then requested the forced execution of the judgment. The applicant has so far received no payment from her ex-husband.

Invoking Article 6-1 of the Convention, the applicant complains of the inaction of the authorities

Italy in response to its demands for the payment of child support due by the

her ex-husband. She says she is a single mother, a French state official and says

have to repay a home loan and have had to use family solidarity to ensure decent living conditions for their child.

Violation of Article 6 – 1

Fair satisfaction: EUR 18,750 for moral damage, as well as EUR 2,500 for costs and costs.

The applicant company, East/West Alliance Ltd., is an Irish company based in Dublin with a

office in Ukraine. She was represented before the Court by Mr. THUAN DIT DIEUDONNÉ.

The case involved the seizure of 14 commercial aircraft which it owned in March 2001 as part of criminal investigations in Ukraine into another company belonging to the same consortium as it. Several of these aircraft were later sold to third parties while the legal proceedings concerning their property were ongoing and they had been placed in receivership as an interim measure to guarantee the debts of third parties.

In particular, the applicant company complained of a violation of its rights under Article 1 (protection of property) of Protocol 1 to the Convention resulting in particular from the seizure of the aircraft, their subsequent sale, the damage suffered by certain and the failure to enforce final court decisions ordering their return to her. It further invoked Article 13 (right to an effective remedy), arguing that it had no effective recourse in Ukraine to assert its grievances.

Violation of Article 1 of Protocol 1

Violation of Article 13

Fair satisfaction: EUR 5,000,000 for material and moral damages, as well as EUR 8,000 for costs and costs.

Press release from the Registrar of the European Court:

In his house arrest, in C.A.S. and C.S. C. Romania (request No. 26692/05) the European Court of Human Rights unanimously says that there has been: Violation of Article 3 (prohibition of inhuman or degrading treatment and effective investigation) and Article 8 (right to privacy and (domestic and home) of the European Convention on Human Rights.

The case concerns the grievances of a young man, who was seven years old at the time of the events, who complained that it took the authorities five years to investigate the repeated rapes he had suffered in the family apartment from January to April 1998. , while he was alone on his return from school, a man who had broken into his home and was eventually acquitted.

In that case, the European Court clearly recognises that States have an obligation under Articles 3 and 8 to ensure that an effective criminal investigation is carried out in cases of child abuse. In addition, it expressly refers to Romania’s international obligations2 to protect children from all forms of abuse, including the rehabilitation and social reintegration of victims, and it regrets in particular that C.A.S. did not receive any assistance and was not accompanied by a qualified psychologist during the proceedings concerning the rapes he had suffered or subsequently.

For more details, see: https://hudoc.echr.coe.int/eng-press-“fulltext”[“26692/05“]:

In a particularly important house judgment, rendered that day in Shaw v. Hungary, (request No. 6457/09) the European Court of Human Rights unanimously says that there has been: Violation of Article 8 (right to privacy and family life) of the European Convention on Human Rights.

In this case, the Hungarian authorities had not ensured that a child removed from French territory by her mother for four and a half years, returned to Paris with her father, making it impossible to visit him while the custody of the child was divided.

The case is part of a particularly complex international child abduction, which required the deployment of extraordinary resources. In the end, only one month after the publication of the Court’s judgment, the child was found, in August 2012, hidden in the basement of his grandparents, in the basement, out of school and suffering from physical affection because of his forced clandestineity!

On 28 January 2015, Mr THUAN DIT DIEUDONNÉ was heard, together with Mr Leslie SHAW, by the Gender Equality Committee of the Parliamentary Assembly of the Council of Europe on international child abductions and respect for the rights of fathers in Europe.

In a particularly important house judgment, rendered that day in Shaw v. Hungary, (request No. 6457/09) the European Court of Human Rights unanimously says that there has been: Violation of Article 8 (right to privacy and family life) of the European Convention on Human Rights.

In this case, the Hungarian authorities had not ensured that a child removed from French territory by her mother for four and a half years, returned to Paris with her father, making it impossible to visit him while the custody of the child was divided.

The case is part of a particularly complex international child abduction, which required the deployment of extraordinary resources. In the end, only one month after the publication of the Court’s judgment, the child was found, in August 2012, hidden in the basement of his grandparents, in the basement, out of school and suffering from physical affection because of his forced clandestineity!

On 28 January 2015, Mr THUAN DIT DIEUDONNÉ was heard, together with Mr Leslie SHAW, by the Gender Equality Committee of the Parliamentary Assembly of the Council of Europe on international child abductions and respect for the rights of fathers in Europe.

The applicant, Sezgin Hacioglu, has dual Turkish and Bulgarian nationality. He was born in 1968 and resides in Istanbul. When he attempted to leave the country in August 1999, he was arrested at the Romanian border on suspicion of theft of documents and industrial espionage, offences for which he was convicted in February 2000.

In particular, invoking Article 3 (prohibition of inhuman or degrading treatment), he complained about the poor conditions of his detention.

Violation of Article 3 of the ECHR.

INTERNATIONAL RIGHT OF THE MAN (UNITED NATIONS LAW)

Overview

The United Nations, an international organization of universal scope, has become the main assembly dealing with issues that transcend national borders and cannot be resolved individually by a single country.

Since its inception in 1945, the United Nations has aimed to maintain international peace and security, protect human rights and achieve a framework of international cooperation and justice to achieve progress economic and social crisis.

Conflict resolution and peace-building remain the most visible aspects of the Un’s work, but the Organization, as well as its funds, institutions and programmes, is engaged in a range of actions aimed at improving conditions of peoples around the world.

The impact of United Nations law

The main bodies of the United Nations with significant decision-making power are the Security Council, the General Assembly and the International Court of Justice.

Contrary to popular belief, United Nations law is not a distant right that would have almost no impact on the man on the street.

Some of the Decisions of the Security Council (e.g. : the order to freeze the assets of members of the family of former dictator Saddam Hussein), rulings by the International Court of Justice (e.g. : bakassi Island case in which the Court grants the island sovereignty to Cameroon while the sovereign in place, until then, was Nigeria) or resolutions taken by the General Assembly (e.g. Resolution 1514 (XV) on granting independence to colonial countries and peoples) has an impact on the daily lives of many individuals around the world.

Human rights at the Universal level

The promotion and protection of human rights is a priority objective and a guiding principle of the Organization. The Universal Declaration of Human Rights, adopted by the United Nations in 1948, is generally recognized as the foundation of international human rights law. Since then, the Organization has been actively protecting human rights with legal instruments and fieldwork.

Diversity handprints 300x200 - International and European Human Rights Law

International human rights law

The CABINET THUAN DIT DIEUDONNÉ is able to guide you, assist you and represent you before the organs of the United Nations to defend your rights.

International human rights law sets out the obligations of states to protect the rights and freedoms of individuals and groups of individuals.

One of the great achievements of the United Nations is to have created a comprehensive set of human rights standards—a foundation of universal and internationally protected standards to which all nations of the world can aspire and subscribe. These are widely accepted rights, which include civil, cultural, economic, political and social rights. The United Nations has also implemented a mechanism to promote and protect these rights, which also helps states to shoulder their obligations in this regard.

The foundations of these standards are the Charter of the United Nations and the Universal Declaration of Human Rights, adopted by the UN General Assembly in 1945 and 1948 respectively. Since then, the United Nations has gradually expanded the human rights base to include specific standards for women, children, people with disabilities, minorities and the most vulnerable groups who are now protected. discrimination that has long prevailed in many societies.

Based on the achievements of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and its two Optional Protocols, as well as the International Covenant on Economic, Social and cultural groups came into force in 1976.  Together with the Universal Declaration of Human Rights, these Covenants and their optional protocols constitute the so-called International Charter of Human Rights.

Economic, social and cultural rights 

The International Covenant on Economic, Social and Cultural Rights came into force in 1976 and included 165 States Parties in August 2017. It promotes and protects, among other things: 

  • the right to work, under fair and favourable conditions; 
  • the right to social protection, as well as to living conditions that enable everyone to enjoy the best physical and mental health they are able to achieve;
  • the right of every person to education, to participate in cultural life or to benefit from scientific progress and its applications.

Civil and political rights 

The International Covenant on Civil and Political Rights and its first Optional Protocol came into force in 1976. It included 169 States Parties as of August 2017. Its second optional protocol came into force in 1989.

The international pact deals in particular with the free movement of persons, the equality of individuals before the law, the courts and the courts, as well as the right to a fair trial and the presumption of innocence. The Covenant also addresses the issue of freedom of thought, conscience and religion. It states that every person has the right to freedom of expression. It recognises the right to peaceful assembly, the right to freely associate with others, to take part in public affairs, to vote and to be elected, and recalls that people belonging to minorities cannot be excluded from these rights. Finally, no one may be arbitrarily detained, subjected to torture or cruel, inhuman or degrading treatment or punishment. Slavery and trafficking in all its forms are prohibited, as are any pro-war propaganda, as well as any call for national, racial or religious hatred.

Other international human rights instruments

Since 1945, a series of instruments have complemented the corpus of international human rights treaties, including the Convention for the Prevention and Punishment of the Crime of Genocide (1948), the International Convention on elimination of all forms of racial discrimination (1965), the Convention on the Elimination of All Forms of Discrimination against Women – CEDAW (1979), the Convention on the Rights of the Child (1989) or the Convention on the Rights of the Child Disability Rights (2006), among others. 

The Human Rights Council

The Intergovernmental Body of the United Nations System, the Human Rights Council was established by the UN General Assembly on 15 March 2006, with the main aim of assessing situations of human rights violations and making recommendations to remedy it. Comprised of 47 states, it has a responsibility to strengthen the promotion and protection of human rights around the world. He succeeded the Commission on Human Rights, which was established in 1946 to establish the international legal framework to protect our fundamental freedoms and rights.

One of the most innovative aspects of the Human Rights Council is its Universal Periodic Review (UPR), a unique process. It is a review of the human rights achievements of all UN Member States. It is a state-led process under the auspices of the Human Rights Council. It provides each State with the opportunity to present the steps it has taken to improve the human rights situation in its territory and fulfil its obligations in this regard. The central mechanism of the Human Rights Council, the UPR is designed to ensure equal treatment for each country.

The High Commissioner for Human Rights 

The High Commissioner for Human Rights is the main human rights officer at the United Nations. He heads the Office of the High Commissioner for Human Rights, which is at the forefront of United Nations human rights efforts. It offers leadership, works objectively, studies and takes steps to empower individuals and help states defend human rights. 

The Office of the United Nations High Commissioner for Human Rights (OHCHR) represents the world’s commitment to the universal ideals of human dignity. The international community has given it a unique mandate to promote and protect all human rights. It thus supports the activities of United Nations human rights mechanisms, such as the Human Rights Council and key treaty bodies, created to oversee the way States Parties implement international treaties. human rights issues. It also promotes the right to development – which is at the heart of the Sustainable Development Goals – and coordinates human rights education. Finally, it strengthens human rights throughout the United Nations system. 

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PRIVATE INTERNATIONAL LAW

PRIVATE INTERNATIONAL FAMILY LAW

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Due to the international mobility of people and the diversity of unions, family relations are often international. This wealth can become a source of very complex litigation that generates questions of jurisdiction (which is the competent national court) and of the law applicable to the litigation.

International family law applies as soon as an element of extraterrestriality is present in a family: spouses of different nationalities, ownership of property abroad, establishment of parentage abroad, international adoption.

Disputes related to this matter can then be very diverse: law applicable to divorce or separation, marriage contract or succession, determination of the competent judge, parentage, adoption, parental authority and abduction International.

In addition, there are many sources of domestic, European and international law: the French civil code, foreign national laws, European Union regulations, the European Convention on Human Rights, the Convention on New York on the rights of the child, the International Covenant on Civil and Political Rights and many Hague Convention.

The technicality of this part of the law requires the intervention of a specialized lawyer such as Mr. THUAN DIT DIEUDONNÉ WHO will accompany you in your steps thanks to the expertise he has developed before both national and international courts.

In particular, Mr. THUAN DIT DIEUDONNÉ has developed a detailed and genuine expertise on the issues of family law in Germany and the intervention of the Jugendamt (Youth Service), which too often encounters very often foreign parents during a divorce or separation. See about it:

– The interview with Me THUAN DIT DIEUDONNÉ on France Info Direct from Europe:

his oral speech at the press conference on 29 May 2018 on Jugendamt’s practices and the German family system in the European Parliament – Plenary session:

Focus on child abduction 

Mr. THUAN DIT DIEUDONNÉ IS particularly specialized in the fight against international child abductions.

There are two cases where your child has been abducted by his or her other parent across a border or you are having difficulty maintaining personal relationships with your child living abroad.

The movement of a child by one of its parents abroad is considered unlawful when it is committed in violation of the conditions of exercise of parental authority recognized to the other parent, or to any institution or organization, by state law in which usually resided for this child before he moved. International child abduction is manifested by the subtraction of a minor and his detention abroad by one parent without the consent of the other and contrary to a court decision.

In order to obtain the return of the child as soon as possible, the Hague Convention of 25 October 1980, like the Brussels II Bis Regulation, aims to ensure the immediate return of children displaced or held abroad illegally in a State Contracting. European and international law also provide sets out that European or international arrest warrants may be issued by the relevant authorities.

The parents concerned should contact the Central Authority designated by each state as soon as possible for this purpose. In France, the Office of International Civil and Commercial Assistance should be contacted by the Civil Affairs Directorate of the Ministry of Justice.

Mr. THUAN DIT DIEUDONNÉ has for many years now developed a particular expertise in this field.

In this regard, it trains legal professionals concerned with this issue (judges, magistrates, prosecutors, lawyers).

  • In particular, he participated in the training of lawyers from around the world and magistrates through the Webinar, which he hosted on 9 November 2016 in The Hague entitled “International Child Abduction in the light of the European Court of Human Rights’ case-law”, organised by LEPCA II (Lawyers in Europe on Parental Child Abduction), Webinar, 9 November 2016:

  • He has been able to best promote the interests of his clients in cases successfully brought before the European Court of Human Rights and has convicted several states of human rights violations (Article 8 of the ECHR):

OLLER KAMINSKA v. POLAND, No. 28481/12, judgment of 18 January 2018 of violation (Article 8) – PDF

By a judgment of January 18, 2018 (OLLER KAMINSKA v. POLAND, request 28481/12), the European Court of Human Rights has again condemned Poland for violating Article 8 of the European Convention on Human Rights (right to respect for family life). 

In this case, relating to an international abduction of children from Ireland to Poland, Mr. THUAN DIT DIEUDONNÉ defended the interests of the victim parent, Mrs Oller Kaminska, mother of the abducted child, who now resides permanently by her side. Ireland. 

In its judgment, the Court ordered Poland, for violating the positive obligations under Article 8 of the ECHR, to pay 25,000 euros in fair satisfaction under Article 41 of the ECHR. 

Attached is the English-language stop for details.

September 21, 2017: SEVERE v. Austria, 53661/15), Stop violating Article 8 of the ECHR – PDF

By judgment of September 21, 2017 (SÉVÈRE v. AUTRICHE, No. 53661/15), the European Court of Human Rights condemned Austria for violating Article 8 of the European Convention on Human Rights (right to respect for family life). 

In this case, relating to an international abduction of children to Austria, Mr. THUAN DIT DIEUDONNÉ defended the interests of Mr Michel Sévère, a French national who was the victim of the abduction. 

The French State, in an exceptional way, intervened in the proceedings in support of the applicant as a third party, taking into account the attitude of the Austrian authorities.  

In its judgment, the Court ordered Austria, for breach of the positive obligations under Article 8 of the ECHR, to pay 33,000 euros in damages to the applicant under Article 41 of the ECHR. 

July 19, 2016: G.N. C. POLAND, No. 2171/14, Article 8 violation of the ECHR – PDF

By a judgment of July 19, 2016 (G. N. c. Poland, 2171/14), the European Court of Human Rights has condemned Poland for violating Article 8 of the European Convention on Human Rights (right to respect for family life). 

In that case, Mr. THUAN DIT DIEUDONNÉ defended the interests of the applicant G. N. against Poland, following the illegal international displacement of his son to that state, and the arbitrary refusal of the Polish national courts to order his return. Canada, the place of his usual residence prior to his abduction. 

In its judgment, the Court considers that Poland has clearly breached its international obligations arising from the applicant’s right to respect for family life, both materially and procedurally. 

On the merits, the Court takes the exact opposite view of the assessment made by the Polish courts, which it considers to be incorrect, concerning the interpretation of exceptions to the immediate return of abducted children, under Article 13 (b) of the Convention on 25 October 1980, and the assessment of the best interests of the child. 

For more details, you will find a copy of the judgment in English.  

March 1, 2016: K.J. v. POLAND, No. 30813/14, Violation Stop – PDF

By a judgment of March 1, 2016 (K.J. c. Poland, No. 30813/14), the European Court of Human Rights has condemned Poland for multiple violations of Article 8 of the European Convention on Human Rights. 

In that case, Mr. THUAN DIT DIEUDONNÉ defended the interests of the applicant K. J against Poland, following the illegal international displacement of his daughter to that state and the arbitrary refusal of the Polish national courts to order his immediate return. United Kingdom, the place of his usual residence. 

In its judgment, the Court considers that Poland has clearly breached its international obligations arising from the applicant’s right to respect for family life, both materially and procedurally. 

On the merits, the Court takes the exact opposite view of the assessment made by the Polish courts, which it considers to be incorrect, concerning the interpretation of exceptions to the immediate return of abducted children, under Article 13 (b) of the Convention on The Hague of 25 October 1980. 

For more details, you will find a copy of the judgment and press releases written in English and French. 

October 28, 2014: CAVANI v. HONGRIE, No. 5493/13, Article 8 violation of the ECHR – PDF

The case concerned the fact that the Hungarian authorities had failed to enforce a father’s right to see his two daughters, despite being granted sole custody in Italy, in connection with an international child abduction.

The applicants in this case are Francesco Cavani, an Italian national born in 1971, and his two daughters, Ester Cavani and Anna Maria Cavani, who were born in 2003 and 2004 respectively and both hold Hungarian and Italian nationalities. Mr. Cavani resides in Formigine, Italy.

In 2004, the mother took Ester and Anna Maria out of Italy, where the family was staying at the time, to take them to Hungary. After the mother refused to return to Italy with her daughters, Mr. Cavani took the case to both Hungarian and Italian justice. In November 2005, the Hungarian courts ordered the return of Mr. Cavani’s daughters to Italy. This decision has still not been implemented: in July 2010, the mother was arrested under a European arrest warrant but was quickly released without being able to reunite Mr. Cavani and his daughters or establish their whereabouts; in October 2011, she was sentenced in her absence to a 200-day fine. In the meantime, the Italian courts granted Mr. Cavani sole custody of his daughters and annulled the marriage between mr. Cavani and his ex-wife. Mr. Cavani later withdrew a criminal complaint for child abduction in the Italian courts, in the hope of calming the situation and allowing his ex-wife to travel freely to Italy with her daughters.

Invoking Article 8 (right to respect for private and family life) of the European Convention on Human Rights, Mr Cavani and his daughters complained that the Hungarian authorities had repeatedly failed to implement the decision November 2005, so that they had not seen each other since 2005, even occasionally.

Violation of Article 8

July 26, 2011: SHAW v. HONGRIE, 6457/09, Article 8 violation of the ECHR – PDF

In a particularly important house judgment, rendered that day in Shaw v. Hungary, (request No. 6457/09) the European Court of Human Rights unanimously says that there has been: Violation of Article 8 (right to privacy and family life) of the European Convention on Human Rights.

In this case, the Hungarian authorities had not ensured that a child removed from French territory by her mother for four and a half years, returned to Paris with her father, making it impossible to visit him while the custody of the child was divided.

The case is part of a particularly complex international child abduction, which required the deployment of extraordinary resources. In the end, only one month after the publication of the Court’s judgment, the child was found, in August 2012, hidden in the basement of his grandparents, in the basement, out of school and suffering from physical affection because of his forced clandestineity!

On 28 January 2015, Mr THUAN DIT DIEUDONNÉ was heard, together with Mr Leslie SHAW, by the Gender Equality Committee of the Parliamentary Assembly of the Council of Europe on international child abductions and respect for the rights of fathers in Europe: http://website-pace.net/documents/19879/2297820/AS-EGA-INF-2015-16-FR.pdf/41b1e7b1-5b83-44a4-97a9-8144eeb748bb

INTERNATIONAL RIGHT OF CONTRATS 

Commercial practice in the 21st century is essentially internationalized. International flows of goods amount to more than 19 billion euros, the players in these exchanges are diversified and can be multinationals or even local producers. All use an essential tool to enjoy their business: the international contract.

The international contract is a contract that has an element of extraterrestriality, i.e. the contract is in contact with one or more foreign legal orders. In practical terms, the element of extraterrestriality may be the foreign home of one of the parties to the contract, his nationality, the place of conclusion of the contract, and many other possibilities. For example, it is a contract between a French sales agent and an American contractor or a contract between a French company and a German electronics supplier.

There are many questions in these situations:

  • What law is applicable to the contract?
  • Who will settle the case?
  • In which language will the procedure take place? How to execute a foreign judgment in France, or vice versa, execute a French judgment abroad?

All these issues are settled by national, European and international law. This right is essentially based on the principle of contractual freedom, but which nevertheless suffers from certain exceptions. Dispute resolution requires the intervention of a specialist lawyer as the nature of international business activities can be complex.

Mr. THUAN DIT DIEUDONNÉ is able to assist you in all the steps related to your international business activity.

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International Civil Service Law

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International civil service law governs labour relations involving an international civil servant and the international institution that employs him: unfair dismissal, decommissioning, layoff, refusal to transfer, violation of employment contract, staff settlement, harassment, etc.

The law applicable to this type of litigation is international law, the “permanent” or “fixed-term” contract of the international official and the status and regulation of the institution’s staff.

The international tribunal responsible for disputes between an international official and any of the specialized united Nations agencies (UNESCO, WHO, FAO, OMM, ITU) but also for others (GATT, IAEA, etc.) is the Tribunal International Labour Organization (ITU) administrator. This court, which sits in Geneva, can overturn the decisions taken by the organisation concerned, which implies, for example, reinstatement following an unfair dismissal or awarding compensation to the prejudiced official.

For officials who work directly in the service of the United Nations and not one of its specialized institutions, the competent judge is the United Nations Administrative Litigation Tribunal. Its headquarters are in New York but it also holds sessions in Geneva and Nairobi. Its judgments may be re-examined by the United Nations Appeals Tribunal.

In addition, the IBRD, the IMF, the OAS, the OECD, NATO and the European Space Agency also have their own specialized internal courts, as is the case in the European Union where disputes relating to the European civil service are resolved. before the European Union Tribunal, which is headquartered in Luxembourg.

Finally, Council of Europe officials can appeal to the Council of Europe Administrative Tribunal (TACE).

The use of a lawyer is essential, both in the amicable dispute resolution proceedings and in the above courts, so that you can fully assert your rights.

Mr. THUAN DIT DIEUDONNÉ WILL accompany you thanks to his specialization in this field. A former agent of the Council of Europe for many years, he regularly appears before the TACE.

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EUROPEAN UNION RIGHT

European Union law includes all the rules of the Treaty on the European Union and the Treaty on the Functioning of the European Union. It also includes the acts adopted by the European institutions: mainly regulations and directives. The European Union produces other texts whose legal value in the courts is more or less recognised: ‘common positions’, ‘common strategies’, ‘framework decisions‘, etc.

This law is applicable in domestic law and is implemented by French judges of both the judicial and administrative orders.

It is also possible to refer preliminary issues, missteps, appeals, appeals, annulment and appealto the Courts of the European Union (the Court of the European Union and the European Court of Justice) appeal. These remedies follow very specific rules that are different from the rules of national procedure.

There are more and more disputes in which european Union law standards play a leading role as this right extends to a plethora of circumstances.

For example, trade actors are subject to numerous regulations within the framework of the internal market, the right of asylum is governed by European standards and the same Union provides environmental standards to be respected.

Since the european Union’s Charter of Fundamental Rights has been integrated into the Treaties of the European Union, human rights can also be invoked and protected before national and European courts.

Mr THUAN DIT DIEUDONNÉ will be able to inform you about the application of this right before both internal and European courts. He has also already argued before the European Court of Justice on several occasions.

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INTERNATIONAL CRIMINAL LAW AND INTERNATIONAL CRIMINAL LAW

Criminal matters govern tickets, misdemeanours and crimes and are intended to punish criminal offenders. It can take an international turn in two types of cases: first, when a domestic element includes international behaviour (international criminal law) and secondly when it punishes international crimes and crimes (the international criminal law).

International criminal law

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International criminal law is mainly based on the extraneity of the protagonists. Two or more states can be represented with jurisdictions and jurisdictions of their own for all. In order to combat international offences, states must work together. This mutual aid is called international repressive assistance.

There are many international organisations responsible for combating international criminal offences: Interpol, Europol, OLAF, the European Committee for the Fight and Prevention of Torture and Inhuman Punishment or Treatment or Degrading Committees, Specialized UN Committees, etc.

Mr. THUAN DIT DIEUDONNÉ has developed a particular expertise in the european arrest warrant (EAA) or international arrest warrant and extradition.

Focus on INTERPOL

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Interpol helps police forces in its member countries share vital crime information through its international records system.

Police may use the notices to alert law enforcement agencies in other countries of potential threats, or to request assistance in solving criminal cases. The most common notice is the Red Notice, a request for the location and arrest of a person wanted by a court or an international court for extradition. The legal basis of the red notice is the arrest warrant or judicial decision issued by the judicial authorities of the country concerned. In addition, Interpol is considered an official route for the transmission of requests for provisional arrest through a number of bilateral and multilateral extradition treaties such as the European Convention on Extradition, the Convention on Provisional Arrest the Economic Community of West African States (CEDEAO), or the standard extradition treaty developed by the United Nations.

Mr. THUAN DIT DIEUDONNÉ may have this red notice lifted in particular cases, following a special procedure provided for this purpose by the INTERPOL Files Commission. The Cabinet, competent in this matter where politics is mixed with the law, can give you the necessary information and, if possible, lift a red notice issued to you.

International assistance can also be done directly between states and thus take the form of extradition or an equivalent procedure such as the European Arrest Warrant.

Extradition is the surrender by a state (the required state) of an individual who is on his territory to another state (the requesting state) who seeks that individual either in order to try him for an offence he allegedly committed or in order to subject him to the his courts have already handed down against him. Similarly, the European Arrest Warrant is a simplified cross-border judicial procedure for the purpose of criminal prosecution or the execution of a custodial sentence or security measure. A warrant issued by a judicial authority of a European Union country is valid throughout the EU. Mr. Thuan will assist you in all these circumstances.

International criminal law

 International criminal law includes many crimes or misdemeanours that are defined either by international custom or in international conventions. These crimes and misdemeanours include: high-seas piracy, also known as “maritime brigandage”, the slave trade, drug trafficking, illegal acts directed against the security of international civil aviation, terrorism, trafficking in obscene publications, violation of rules on the protection of cultural property in the event of armed conflict, etc.

The most well-known crimes, which are often considered by the states to be the most serious, are crimes of genocide, crimes against humanity and war crimes, plus the crime of aggression. These crimes are contained in the 1998 Rome Convention, which establishes the International Criminal Court in The Hague. This Court has the considerable advantage of allowing the prosecution of the rulers – heads of state, prime ministers, ministers, high-ranking figures – who, elsewhere, before any internal criminal court, would be released because of their criminal immunity.

Other international criminal courts exist:

  • The Extraordinary Chambers of the Cambodian Courts (CETC) in Phnom Penh, which takes the form of a special Cambodian tribunal that receives international assistance through the United Nations Assistance to the Khmer Rouge Trials (UNAKRT) ).
  • Similarly, the Special Tribunal for Lebanon (TSL) is an international tribunal set up to try those accused of carrying out the 14 February 2005 attack that killed 23 people, including former Lebanese Prime Minister Rafik Hariri and wounded many other people. Its headquarters are in the Netherlands in The Hague, the Tribunal employs Lebanese and international staff and judges people according to Lebanese criminal law.
  • The Special Court for Kosovo is a court under Kosovo law, but whose premises have been established in The Hague, The Netherlands. The aim is to ensure the protection of witnesses and to prevent cases of corruption. These specialized chambers will be competent to shed light on the alleged war crimes of the Kosovar Liberation Army, the KLA, between 1999 and 2000. between 1 August 1999 and 31 December 2000. For these crimes, the court will have precedence over any other jurisdiction in Kosovo.

In all these situations, the firm THUAN DIT DIEUDONNÉ Donné offers its expertise and experience.

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Family law and wealth management

Family law is one of the regular activities of the Cabinet.

Family law is a branch of private law that governs the relationships of a group of individuals united by kinship or covenant. 

As far as the couple is concerned, the civil code governs:

  • couple’s formation (marriage, PACS, cohabitation),
  • dissolution of the couple (divorce, separation of body, breakdown of THE PACS or cohabitation),
  • as well as all heritage issues (marriage regimes, liquidations, indivisions).

Family law extends to the realm of parentage: it is the legal link that unites a child with each parent. Parentage is established by the effect of the law, by voluntary recognition, by state possession found by an act of notoriety or by a judicial decision. Adoption is also included. The judge has jurisdiction to settle cases relating to the challenge and the finding of parentage.

Once parentage is established, the civil code governs its effects. Parents have parental authority, which is a set of rights and duties exercised by the parents in the best interests of the child until the child’s majority or emancipation. Parental authority is exercised jointly by both parents.

Couples and children then form families whose members have a heritage. The lawyer also acts in the management of this heritage and in its transmission. For example, donations can be made and estates may be planned.

The office of Mr. THUAN DIT DIEUDONNÉ is at your disposal to help you in these situations.

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Juvenile law / Child protection in danger

Minors are given special attention and protection. The texts highlight the specificity of the lawyer’s intervention with minors and aim to promote access to the law of minors.

The lawyer explains the law and the functioning of justice, advises, assists, defends the minor before the various courts or bodies, in many areas of competence related to children in civil and criminal matters.

Mr. THUAN DIT DIEUDONNÉ has developed a particular and ancient expertise in this sensitive field.

In civil matters

A minor child who is not emancipated may benefit from educational assistance if his health, safety or morality is threatened, or if the conditions of his education or physical, emotional, intellectual and social development are severely Compromised.

 The children’s judge can then be referred by a simple letter to explain the reasons for the referral and the judge’s request for intervention. The judge may order, automatically or at the request of the parties or the Crown, any information about the personality and living conditions of the minor and his parents. Examples include social investigations, medical examinations, psychological expertise, investigative measures and educational guidance.

The judge may also take interim measures such as temporarily handing the child over to a foster centre, or entrusting the child to the other parent, or another family member, or to a service or educational institution, or to the service Children’s Welfare Department (ESA).

In order to safeguard the interests of the child and the parents, it is essential to call in a lawyer

In criminal matters

 Minors are criminally responsible for their actions. The specific provisions of juvenile criminal law are governed by the ordinance of 2 February 1945, the provisions of which are of public order. The text provides for minors to be assisted:

  • During detention or detention, the young person is questioned by the police or gendarmerie. He must then be assisted obligatory;
  • During the trial phase, an investigating judge or a children’s judge will investigate the offences committed or alleged committed. The minor must be questioned in the presence of a lawyer;
  • During the trial phase, before the children’s judge, the Children’s Court, the Juvenile Correctional Court, the Juvenile Assize Court.

The judge may take educational measures, repressive measures such as judicial review, detention, and reparations for the victim or in the interests of the community. Convictions against a minor are related to his criminal record. That is why the intervention of a specialist lawyer is important.

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RIGHT OF INDIGENOUS AND ABORIGINAL PEOPLE

The law firm THUAN DIT DIEUDONNÉ has for several years developed a particular expertise in defending the rights of indigenous and indigenous peoples.

It is before the specialized bodies of the United Nations that this developing right can be usefully defended (Permanent Forum on Indigenous Issues, Expert Mechanism, High Commissioner for Human Rights, Universal Periodic Review, Human Rights Council Human Rights Committee), but also in Europe (Council of Europe, European Union – Foreign Policy) in Africa (African Union) and South America (Inter-American Commission and Court of Human Rights).

The United Nations has become increasingly committed to the cause of indigenous peoples, who are believed to be among the most disadvantaged human groups in the world. These populations, also known as the “first peoples,” tribal or aboriginal, constitute at least 5,000 human groups representing 370 million people who live in more than 70 countries on five continents.

Excluded from decision-making processes, many were marginalized, exploited, forcibly assimilated and subjected to repression, torture and murder when they spoke out to defend their rights. For fear of persecution, they often seek refuge abroad where they sometimes have to silence their identity and renounce their traditional language and customs.

Permanent Forum on Aboriginal Issues

The focus on indigenous issues led in 2000 to the creation of a Permanent Forum on Indigenous Issues, the subsidiary body of the Economic and Social Council. Comprised of 16 members, this 16-member body, where indigenous experts sit at a level of parity with government-appointed experts, provides advisory services to the Economic and Social Council, helps coordinate the activities of the and examines indigenous issues related to economic and social development, culture, education, the environment, health and human rights.

United Nations Declaration on the Rights of Indigenous Peoples

On 29 June 2006, the Human Rights Council adopted the United Nations Declaration on the Rights of Indigenous Peoples, which was endorsed by the General Assembly on 13 September 2007.

The Declaration establishes the individual and collective rights of indigenous peoples, including those relating to culture, identity, language, employment, health and education.

It stresses the right of indigenous peoples to perpetuate and strengthen their institutions, culture and traditions and promote their development according to their aspirations and needs.

It also prohibits any form of discrimination against them and encourages their full and effective participation in all decisions of interest to them, including their right to maintain their integrity as a separate people and to freely ensure their economic and social development.

The Firm’s expertise

  • The Cabinet participates in the development of Soft Law’s names for indigenous and indigenous peoples and defends the interests of certain peoples and tribes, in Europe and elsewhere, including the Evenks of the Autonomous Republic of Buryatia in Eastern Siberia , or the Indians of the Mattakeeset Tribe of the State of Massachusetts, in the United States of America.

As part of his volunteer duties for the UAE (Union of European Lawyers) in the Council of Europe’s Conference of International Non-Governmental Organizations(OINGs), he was actively involved in the normative work of the OING Conference on this important topic by organizing a side event and co-authoring the CONF/PLE Recommendation(2017)REC2 on the subject, underscoring the need for implementation and accountability in this area available on the following link.

  • From 5 to 20 May 2016, Mr. THUAN DIT DIEUDONNÉ participated in the 15th United Nations Permament Forum, in New York, USA, on the rights of indigenous peoples, and defended the rights of the EVENK people of Eastern Siberia against the Russian Federation. See the Forum Agenda: PDF to see
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Businesses and Human Rights

Large companies often tout their commitments in terms of “social responsibility” (CSR). But when their activities violate human rights through their subsidiaries or partner companies, their real responsibility is rarely recognized and victims struggle to obtain redress (source: AI French Section).

Oil pollution, toxic waste spills, deadly gas leak … The activities of multinationals or their subcontractors can have dramatic consequences on the environment and human rights. When they are not deadly, these disasters can destroy the lives of thousands of people, contaminated by fumes or forced to flee their homes.

In many cases, these tragedies could have been avoided. From the Bhopal disaster in India in 1984, to the toxic waste scandal in Côte d’Ivoire in 2006 or the collapse of Rana Plaza in Bangladesh in 2013, measures could have been taken to prevent these tragedies.

The exploitation of natural resources is too regular at the expense of people and the environment. Entire families can be brutally evicted from the land where they have always lived without being able to assert their rights. They are almost never consulted on projects that disrupt their lives. They are even more rarely compensated. When they try to obtain justice, they run into the inefficiency of judicial systems and the lack of information, when it is not corruption that can exist between states and companies.

In some areas of conflict or tension, the activity of multinationals can fuel deadly trafficking. This is the case in the Democratic Republic of Congo (DRC), Colombia in Myanmar, where the mineral trade often maintains the illegal financing of armed groups. Gold, tin and tungsten are used to make our phones or electronic devices. Cobalt is often extracted by children. In this way, we must stop the trade in these “blood minerals”.

There are, however, more and more applicable standards and standards in International Public and Private Law (United Nations Corporate and Human Rights Guidelines, Guidelines for Multinational OECD, International Finance Corporation’s Environmental and Social Sustainability Performance Standards, Ecuador principles, etc.), and national law (national legislation imposing legal obligations – French law of 27 March 2017 on the duty of vigilance of the parent companies), to be argued for the defense of victims of corporate abuse, as for the advice to the companies themselves.

The Firm’s expertise

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Indeed, the firm THUAN DIT DIEUDONNÉ and the BI teams for Business Integrity (http://www.biforbusinessintegrity.com/fr/leadership.php) work with their clients to design solutions “tailor-made” according to risk profiles specific to their projects. They have a range of tools to adapt their services and the solutions offered according to the specificity of each project, impacting on people, including:

  • Risk Diagnostics: Rapid assessments based on the social and environmental footprints typical of major economic development projects, including expected human rights impacts and the risk of conflict with key players and communities
  • Social license to operate: plans and programs to open up communication with communities, indigenous peoples, public agencies and political leaders who have real interests in a project. Obtaining informed consent in advance can greatly reduce social and legal risks.

Mr. THUAN DIT DIEUDONNÉ was also heard on 23 October 2013 by the members of the ICC Commission in Paris (International Chamber of Commerce) on corporate responsibility and the fight against corruption of the International Chamber of Commerce, Paris on the theme “Enterprise and Human Rights – the Role of Trade in Areas of Low Governance.”

He stressed the United Nations guidelines on trade and human rights and its three missions: the duty of the state to guarantee human rights, the responsibility of companies to protect human rights, and the right to effective remedies. – Download the PDF

He is regularly invited to discuss the subject at conferences, academics and scientists, most recently on 8 September 2017 in Strasbourg, at the European Court of Human Rights, on the theme “Human Rights at Work and Business organised by the University of Strasbourg.

The firm provides its expertise and resources in this complex area.

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“Old Synagogue” tram stop (line B and E)