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Legal news from Friday, April 29, 2011 |
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UN rights council condemns Syria violence
LaToya Sawyer on April 29, 2011 3:59 PM ET

[JURIST] The UN Human Rights Council (UNHRC) [official website], in an emergency special session on Friday, publicly condemned [text, PDF] the violence used by Syrian authorities against peaceful protesters. Additionally, the council has immediately called for a full investigation of "all alleged violations of international human rights law" in Syria. The council's probe into Syrian violence is a direct endorsement of a US resolution [press release] calling for intervention in Syria to address more than 500 deaths since March. The resolution also calls for Syria to release arbitrarily detained prisoners, to allow humanitarian assistance to those in need and to evaluate its political process to allow for greater social justice and civil liberties. The resolution passed with a 26 to 9 member state vote. Seven member states did not vote, and five were absent from the session.
There has been a major struggle to put an end to Syrian violence since the protests began earlier this year. Last week, UN High Commissioner for Human Rights Navi Pillay [official profile] called for Syria to immediately halt the killings [JURIST report] and violence against civilian protesters in response to the fatal shootings of peaceful anti-government protesters. Also last week, Syrian President Bashar al-Assad [Al Jazeera profile] ended [JURIST report] the country's 48-year-old state of emergency, but protests have continued. Earlier this month, Human Rights Watch (HRW) [advocacy website] reported [text] that Syrian security forces have stopped medical personnel [JURIST report], sometimes violently, from attending to injured protesters. A spokesperson for the group called the practice "both inhumane and illegal." Last month, Pillay urged the Syrian government [JURIST report] to ensure protesters' rights to peaceful expression and to work toward addressing their concerns instead of responding with violence. As demonstrations continued throughout the country in March, the government freed 260 political detainees [AFP report] in an overture to the protesters.


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Federal appeals court reverses stem cell research funding ban
LaToya Sawyer on April 29, 2011 2:44 PM ET

[JURIST] The US Appeals Court for the District of Columbia Circuit [official website] on Friday overturned [opinion, PDF] last year's ruling that placed a preliminary injunction [text, PDF, JURIST report] on federal funding of embryonic stem cell [JURIST archive] research. In a 2-1 vote by a three-judge panel, the court concluded that those opposing the funding had not shown that their case was likely to succeed on the merits. Additionally, the court gave considerable weight to the inequity that the injunction would impose on researchers who rely on federal fundingThe hardship a preliminary injunction would impose
upon ... researchers ... would be certain and substantial. The injunction entered by the district court would preclude the NIH [National Institutes of Health] from funding new ... projects it has or would have deemed meritorious, thereby inevitably denying other scientists funds they would have received. Even more
problematic, the injunction would bar further disbursements to ... researchers who have already begun multi-year projects in reliance upon a grant from the NIH; their investments in project planning would be a loss, their expenditures for equipment a waste, and their staffs out of a job. The Obama administration considers the ruling a major victory that will allow for scientists and patients around the world to benefit from the medical developments and discoveries that will arise from the research.
Federal funding for embryonic stem cell research has been a long uphill battle for the Obama administration. In 2009, President Barack Obama [official website] signed [press release] an executive order [text; JURIST report] which removed the previous administration's eight-year restriction on federal funding for human embryonic stem cell research. After the preliminary injunction on stem research was granted last year, the Obama administration appealed [JURIST report] the injunction, arguing that the ruling was overbroad, endangering an array of research across multiple programs and centers while only serving a very attenuated economic interest of the plaintiffs in the case. While the appeals process was underway, the court granted a long-term stay which allowed federal funding to continue [JURIST report] while the court reached a decision.


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