Credits: Leens van Kessel
By Roman Teshome, Caia Vlieks, Evelien Brouwer and Antoine Buyse
This post is part of our NNHRR Toogdag 2024 Blog Series. It provides an overview of the discussions presented at the Toogdag 2024: NNHRR Annual Conference, hosted this year by the Netherlands Institute of Human Rights (SIM) and Utrecht University Law School. The topic of this year’s conference was 'Resilient Rights - Tools for Inclusion and Justice'.
Introduction
We live in a time when global challenges, such as armed conflicts, climate change, and migration, pose significant threats to the protection of human rights. We are witnessing concerning trends, including the erosion of the rule of law, democratic backsliding, and shrinking civic spaces, which further intensify the pressure on human rights. These issues disproportionately impact marginalized and vulnerable groups, undermining the core ideals of human rights—human dignity and equality.
Against this background, the 2024 Toogdag focused on whether and how human rights can be resilient in the face of these global challenges and function as a tool of inclusion and justice. Under the theme of “Resilient Rights: Tools for Inclusion and Justice,” the Toogdag brought together a number of junior and senior members of the Netherlands Network for Human Rights Research (NNHRR) who reflected on the theme through the lens of their own expertise and research.
The 2024 Toogdag took place on the warm summer day of 27 June 2024 in Utrecht, and was co-hosted by the Netherlands Institute of Human Rights (SIM) and Utrecht University Law School, in cooperation with the Asser Institute. The Toogdag was preceded by a PhD event on the 26th of June where the PhD members of the network participated in a workshop on storytelling for researchers.
Opening and keynote speech
The Toogdag opened with a short welcome speech by Prof. Antoine Buyse (Utrecht University), director of SIM and one of the co-organizers of the event. He introduced the theme of the Toogdag, explained the rationale behind it, and outlined the program for the day. Prof. Buyse’s speech was followed by remarks from the chair of the NNHRR, Prof. Jasper Krommendijk (Radboud University). Prof. Krommendijk discussed the network’s work and emphasized the importance of the Toogdag as a flagship event that annually brings together a large number of the over 500 members of the network.
Following the two opening speeches, Prof. Eva Brems from Ghent University delivered the keynote speech, doubling as this year’s SIM Peter Baehr lecture, titled “The State of Human Rights: An Attempt at Optimism.” Prof. Brems first illustrated, in a way that is recognizable to many working on human rights in academia, how we tend to have a ‘pessimism bias’ towards the state of human rights. However, she argued that optimism is good, both for ourselves as academics and for human rights. To counterbalance this pessimism bias, she convincingly explored the sources of optimism amidst global challenges and concerning trends, drawing also on thoughts and reflections from colleagues in the field. In her thought-provoking speech, she highlighted that the cause for optimism lies in the people and initiatives dedicated to advancing the protection of human rights.
Parallel Sessions on the theme 'Resilient Human Rights'
The Toogdag continued with parallel sessions including three panels relating to the Toogdag’s theme. The first panel focused on “Modern Technologies, AI, and Human Rights.” Chaired by Evelien Brouwer (Utrecht University), this panel featured three presentations and four panelists. Laura Jacobs (Vrije Universiteit Amsterdam) explored how the UN Convention on the Rights of Persons with Disabilities (CRPD) can protect the rights of persons with disabilities in the context of heritable germline gene editing (HGGE). Alberto Quintavalla (Erasmus University Rotterdam) presented a paper co-authored with Renée Knoop on the contribution of AI to the promotion and respect of the right to access environmental information. In their joint presentation, Kelly Breemen and Vicky Breemen (Utrecht University) discussed the human rights implications of using AI in the context of unlocking digitized cultural heritage data.
The second panel was chaired by Caia Vlieks (Utrecht University) and brought together research and questions around how citizens’ influence on laws and legal processes – whether institutionalized or not – takes shape or can be regulated. Hanxu Liu (Maastricht University) discussed the participation of European organizations of persons with disabilities in the international monitoring of the Convention on the Rights of Persons with Disabilities, focusing on Hungary, Denmark, and France, and based on legal and qualitative methods. Noor Swart (Groningen University) addressed the regulation of anti-abortion demonstrations at abortion clinics in several European states, identifying three distinct forms of regulation: safe access zone regulation, separate criminal law provisions and regulation within the freedom of assembly framework. These presentations led to a lively discussion about these topics as well as research methods.
The third panel, chaired by Roman Teshome (Utrecht University), focused on “Rethinking Human Rights Protection,” with three panelists sharing their research. The panelists not only critically examined the current human rights systems but also proposed alternative approaches to make these systems more resilient. Marieke Hopman (Maastricht University) critically examined the state-centric human rights system and explored ways to make human rights more inclusive. Alice Dejean de la Bâtie (Tilburg University) discussed the potential of recognizing the fundamental freedom of solidarity in international law to address the growing trend of criminalizing humanitarian assistance. Shuyuan Zhang (Maastricht University) presented a paper co-authored with Gustavo Arosemena on operationalizing the International Covenant on Economic, Social and Cultural Rights (ICESCR) through quantification.
NNHRR Working Group Sessions
The second round of parallel sessions was organized by the four NNHRR Working Groups. The first panel, organized by the Migration and Borders Working Group, focused on the theme “Contours of Justice: Interdisciplinary Perspectives on Migration, Human Rights, and Border Management.” Chaired by Mariana Gkliati (Tilburg University), the panel featured three presentations. Agostina Pirrello (Utrecht University) discussed “the agencification of border management (focusing on Frontex) and its interactions with the human rights of migrants.” Laura Cleton (Erasmus University Rotterdam) addressed “gaps in human rights safeguards in the context of deportation.” Cushla Donaldson (Leiden University) explored “the use of participatory and artistic methodologies in highlighting and politically influencing migrant detention and deportation in Australia.”
The Business and Human Rights Working Group organized the second panel on the theme “What’s in Fashion? Theoretical Justice versus Unaccountability in Practice.” The panel included four presentations. Ben Grama (Tilburg University) presented on “Translating Theory into Practice: The Dichotomy of UN Guiding Principles on Business and Human Rights in Company Grievance Mechanisms.” Eva Meyermans Spelmans (Erasmus University Rotterdam) explored “Power Imbalance in the Fashion Industry’s Global Value Chain.” Daniela Heerdt (Asser Institute) discussed “the UNGP’s role in the evolving sport and human rights movement.” Genevieve Noordeloos (Leiden University) examined “Shaping Sustainable Consumption of Fashion: Reusing Clothes from a Business and Contract Law Perspective.”
The third panel, organized by the Human Rights in the Digital Age Working Group, was co-chaired by Tarlach McGonagle (Universities of Amsterdam and Leiden) and Silvia de Conca (Vrije Universiteit Amsterdam). They briefly introduced the working group and its activities to the attendees, including its focus areas on free expression and public debate in the digital age as well as privacy and data protection. The panel featured three presentations focused on human rights at the intersection of technology, disruption and resilience by Emma de Vries (Leiden University), Alberto Quintavalla (Erasmus University Rotterdam), and Ola Al Khatib (Utrecht University). This led to interesting discussions around their topics of research, including academic freedom in the digital society, balancing conflicting human rights using the Internet of Bodies as a case study, as well as on the use of algorithms in administrative decision-making.
The newly formed Human Rights and the Climate Crisis Working Group organized the fourth panel, co-chaired by Marlies Hesselman (Groningen University) and Lianne Baars (Leiden University), which included four presentations. Medes Malaihollo (Groningen University) discussed “due diligence obligations of states and the right to self-determination of indigenous peoples in international law in times of climate change.” Anmol Gulecha (Tilburg University) presented on “methods used by non-European courts to engage with scientific/empirical evidence in public interest litigation cases.” Otto Spijkers (Leiden/Erasmus/Amsterdam Universities) explored “climate anxiety in human rights research and teaching.” Samuel Ballin (Radboud University) discussed “the rights of third-country national migrant workers under EU law.” The panelists not only shared their respective research but also reflected on the overall theme of the Toogdag as well as the sentiment expressed in the keynote speech.
Final plenary panel on resilient rights
The 2024 Toogdag concluded with a plenary panel chaired by professor Janneke Gerards of Utrecht University. The panel featured four panelists: Andrea Broderick (Maastricht University), Nicola Jägers (Tilburg University), Tarlach McGonagle (Leiden University and University of Amsterdam), and Lieneke Slingenberg (Vrije Universiteit Amsterdam). These panellists addressed the theme of resilient rights, drawing on their expertise and research on disability rights, business and human rights, freedom of expression, and migration, respectively.
Discussing business and human rights obligations, Jägers emphasized the transition from soft to hard law and the adoption of EU corporate due diligence rules. She also pointed out the problem caused by a lack of representation of human rights holders and the overrepresentation of private companies in this regard. In her contribution, Broderick discussed different paths to making disability rights more resilient, differentiating between an individual approach, protection in treaties, and a more procedural level. Emphasizing the work of the CRPD, the Committee on the Rights of Persons with Disabilities, and more recent case law of the European Court of Human Rights (ECtHR), Broderick also indicated some positive trends, particularly with regard to education and the right to non-discrimination. Slingenberg addressed current gaps in legality within the field of migration law policies. Referring to the work of the legal philosopher Palombella, she stressed the necessity of recognizing ‘the duality of law’ and the fact that executive powers are bound by law from multiple sources to ensure the protection of human rights. In his contribution, McGonagle expressed his concerns about the current state of protection of freedom of expression and the media. Referring to the relevant case law of the ECtHR, he underlined the necessity of protecting a shared public debate while ensuring media pluralism to achieve democratic goals.
Bios:
Roman Teshome is assistant professor of international human rights law at Utrecht University and affiliated with the Netherlands Institute of Human Rights (SIM) and the Montaigne Centre for Rule of Law and Administration of Justice. Her current research focuses on human rights and (sustainable) development, and climate change litigation.
Caia Vlieks is assistant professor of constitutional law at Utrecht University and connected to the Montaigne Centre for Rule of Law and Administration of Justice. She is also a fellow at the Netherlands Institute of Human Rights (SIM). With expertise researching and teaching in- and outside of academia, her areas of expertise include statelessness, nationality and fundamental rights.
Evelien Brouwer is assistant professor constitutional and administrative law at the Utrecht University and as senior researcher affiliated to the Montaigne Centre for the Rule of Law and Administration of Justice. Her areas of expertise include EU asylum, migration and data protection law. In her publications she addresses amongst others the use of border technologies from the perspective of human rights, in particular the right to effective remedies, non-discrimination, and privacy. She participated in different (EU and national) research projects dealing with EU asylum and migration policies, the Schengen acquis, and the use of large-scale databases and biometrics.
Antoine Buyse is full professor of human rights from a multidisciplinary perspective and director of the Netherlands Institute of Human Rights (SIM) at Utrecht University. He was the founder of and still runs the ECHR Blog and has developed a Massive Open Online Course on the ECHR. His current research focuses on the human rights of civil society, ‘shrinking civic space’, and the rule of law from below.