Presented by Olimpia Guidi and Sarah Kuipers

Human rights organisations and NGOs play a crucial role in monitoring the impact of sanctions on human rights and providing support to affected parties. _¹²

In addressing the impact of sanctions on rights, Russia has recourse to various international mechanisms. These include the United Nations (UN), which it can engage through the UN Security Council, leveraging its position as a permanent member to voice concerns and negotiate resolutions. ¹⁵ Additionally, as a member of the World Trade Organization (WTO), Russia can challenge trade-related sanctions that contravene WTO agreements through dispute settlement mechanisms. ¹⁶

Furthermore, Russia’s membership in the Council of Europe subjects it to the jurisdiction of the European Court of Human Rights (ECHR). ¹⁷ Individuals or entities affected by sanctions can bring cases before the ECHR alleging violations of human rights protected under the European Convention on Human Rights. ¹⁸ Moreover, Russia could potentially utilise the International Court of Justice (ICJ) to challenge sanctions it believes violate international law or treaties. ¹⁹

However, ICJ jurisdiction requires the consent of all parties involved, posing limitations on its effectiveness. ²⁰

Despite these avenues, the effectiveness of international mechanisms in safeguarding rights impacted by sanctions is subject to various limitations. Political considerations often hinder progress, with powerful actors reluctant to challenge one another’s actions. ²¹ Legal processes within these international bodies are typically time-consuming, offering delayed relief. ²² Enforcement of decisions and compliance by sanction-imposing countries can also be challenging. Furthermore, the scope of these mechanisms may not fully address the extraterritorial application of sanctions or their broader economic ramifications.

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References

¹² Goncharenko, G., & Khadaroo, I. (2020). Disciplining human rights organisations through an accounting regulation: A case of the ‘foreign agents’ law in Russia. Critical Perspectives on Accounting, 72, 102129. Available at:https://www.sciencedirect.com/science/article/abs/pii/S104523541930108X

¹⁵ Gifkins, J. (2021). Beyond the veto: Roles in UN Security Council decision-making. Global Governance: A Review of Multilateralism and International Organizations, 27(1), 1-24.
¹⁶ Gantvarg, I. (2023). Categorisation and Legality of Trade Sanctions Imposed on Russia: Examining Compatibility with WTO and UN Legislation.
¹⁷ Nelaeva, G. A., Khabarova, E. A., & Sidorova, N. V. (2020). Russia’s Relations with the European Court of Human Rights in the Aftermath of the Markin Decision: Debating the “Backlash”. Human Rights Review, 21, 93-112
¹⁸ Ibid.
¹⁹ Sarkin, J. J., & Sarkin, E. (2022). Reforming the International Court of Justice to Deal with State Responsibility for Conflict and Human Rights Violations. International Human Rights Law Review, 11(1), 1-35. Available at:https://brill.com/view/journals/hrlr/11/1/article-p1_001.xml
²⁰ Wulandari, R. (2022). Jurisdiction Issues of the International Court and the effectiveness of ICJ’s Decision in the Russia-Ukraine Dispute Resolution. Nurani: Jurnal Kajian Syari’ah dan Masyarakat, 22(2), 343-350.
²¹ Frye, T. (2022). Weak Strongman: The Limits of Power in Putin’s Russia. Princeton University Press.
²² Ibid.

Presented by Merve Tiregul, Olimpia Guidi, Ruth Tesfay and Veronica Grazzi

The right to development for children refers to ensuring that children have access to the necessary conditions for their holistic growth and well-being, encompassing economic, social, political, and cultural dimensions. The planetary crisis, including the climate emergency, biodiversity collapse, and widespread pollution, poses an immediate danger to children’s rights worldwide. Nations have an obligation to address environmental harm and climate change due to the adverse effects of environmental degradation on the enjoyment of children’s rights. As the Convention on the Rights of the Child outlines, children’s rights extend to environmental protection, entitling children to a clean, healthy, and sustainable environment. i States should take measures to ensure that children are protected from foreseeable premature or unnatural death and threats to their lives and enjoy their right to life with dignity. Such measures include adopting and effectively implementing environmental standards, for example, those related to air and water quality, food safety, lead exposure and greenhouse gas emissions, and all other adequate and necessary environmental measures that protect children’s right to life. Moreover, children have the right to quality education that enables their intellectual, emotional, and social development. However, the right to education is particularly susceptible to the effects of environmental harm. ii This susceptibility can lead to school closures, interruptions in education, increased dropout rates, and damage to school facilities and recreational spaces.

One notable approach in Romania is the establishment of youth councils at the local level. These councils serve as platforms for young people to voice their opinions, propose initiatives, and engage in decision-making processes on issues affecting them and their communities. xiii Through these councils, young people have the opportunity to contribute actively to local governance and advocate for policies that address their needs and concerns. xiv Additionally, Romania has implemented educational programs to promote civic engagement and participatory citizenship among children and youth. xv

The prevalence of anti-Gypsyism, as highlighted in the ECRI’s 2019 Report on Romania, perpetuates bias and exacerbates social marginalisation, with Roma individuals enduring unjust labels and unfair associations with criminality. xix
The national Roma integration strategy addresses these challenges by prioritising education, employment, healthcare, and housing. Recognising Roma as an official ethnic minority, the strategy focuses on ensuring school attendance, especially for Roma girls, and ending school segregation. xx However, poverty rates among children remain high, with nearly 30% enduring poverty spanning three to four years. This issue is especially prominent in rural areas where one out of every two children lives in poverty. xxi Romania’s efforts to integrate Roma children into early childhood education and care and promote Roma entrepreneurship signify steps toward inclusion, yet persistent poverty highlights the need for sustained action and targeted policies.

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References

i United Nations – Committee on the Rights of the Child. (2023). General comment No. 26 (2023) on children’s rights and the environment, with a special focus on climate change. https://www.ohchr.org/en/documents/general-comments-and-recommendations/crccgc26general-comment-no-26-2023-childrens-rights

ii ibid

xiii Stănuș, C., & Pop, D. (2021). Local State-Society Relations in Romania. Close Ties in European Local Governance: Linking Local State and Society, 319-335. Available at:https://link.springer.com/chapter/10.1007/978-3-030-44794-6_22
Ibid.
xv Alfirević, N., Arslanagić-Kalajdžić, M., & Lep, Ž. (2023). The role of higher education and civic involvement in converting young adults’ social responsibility to prosocial behaviour. Scientific Reports, 13(1), 2559. Available at:https://www.nature.com/articles/s41598-02329562-4

xix Council of Europe. (2019). ECRI Report on Romania (Fifth Monitoring Cycle). https://rm.coe.int/fifth-report-on-romania/168094c9e5

xx European Commission. (n.d.). Romania – Facts and figures. https://commission.europa.eu/strategy-and-policy/policies/justice-andfundamental-rights/combatting-discrimination/roma-eu/roma-equality-inclusion-and-participation-eucountry/romania_en#:~:text=National%20strategy%20for%20Roma%20integration,-
Romania’s%20top%20priorities&text=In%20Romania%2C%20the%20Roma%20are,and%20ending%20segregation%20in%20schools.

xxi The World Bank & UNICEF. (2017). Romania: Children in public care. https://www.unicef.org/romania/sites/unicef.org.romania/files/2019-04/Romania_Children_in_Public_Care_2014.pdf