@article{Baranowska, author = {Baranowska, Grażyna}, title = {The Rights of the Families of Missing Persons: Going Beyond International Humanitarian Law}, series = {Israel Law Review}, volume = {55}, journal = {Israel Law Review}, number = {1}, doi = {10.1017/S0021223721000182}, pages = {25 -- 49}, abstract = {The main aim of the article is to test how states implement international humanitarian law (IHL) with regard to the families of missing persons. The article shows relevant IHL shortcomings and compares them with rules applicable in cases of enforced disappearance. The national legislation collected in the section titled 'The Missing and Their Families' of the National Implementation Database of the International Committee of the Red Cross is then examined. The analysis addresses three core questions that are particularly relevant for families of missing persons: (1) Who is considered a missing person under each law? Approaching this question allows the testing of whether states follow the understanding of 'missing persons' under IHL treaty law. The second and third questions address two issues that are crucial for families of missing persons that are not addressed in IHL: (2) How is the legal status of the missing person regulated? (3) Are family members provided with measures of reparation and/or assistance? This approach reveals that states rarely apply the IHL understanding of 'missing persons' and predominantly exceed IHL by addressing some of the identified shortcomings. It further shows that states provide families of missing persons either with reparation measures - in cases of human rights violations - or, less often, with measures of assistance in post-conflict situations.}, language = {en} } @article{SękowskaKozłowskaBaranowskaGliszczyńskaGrabias, author = {Sękowska-Kozłowska, Katarzyna and Baranowska, Grażyna and Gliszczyńska-Grabias, Aleksandra}, title = {Sexist Hate Speech and the International Human Rights Law: Towards Legal Recognition of the Phenomenon by the United Nations and the Council of Europe}, series = {International Journal for the Semiotics of Law - Revue internationale de S{\´e}miotique juridique}, journal = {International Journal for the Semiotics of Law - Revue internationale de S{\´e}miotique juridique}, doi = {10.1007/s11196-022-09884-8}, pages = {1}, abstract = {For many women and girls sexist and misogynistic language is an everyday experience. Some instances of this speech can be categorized as 'sexist hate speech', as not only having an insulting or degrading character towards the individuals to whom the speech is addressed, but also resonating with the entire group, contributing to its silencing, marginalization and exclusion. The aim of this article is to examine how sexist hate speech is handled in international human rights law. The argument derives from the claim than that legal discourse should distinguish between 'sexist speech' and 'sexist hate speech', and that the later may be qualified as a form of violence against women. Then it analyses the approaches of two human rights protection systems—the United Nations and the Council of Europe system—towards the phenomenon of sexist hate speech, by taking their position towards hate speech in general as a point of reference. In both systems, sexist hate speech is being addressed more eagerly under the gender equality framework, including counteracting violence against women, than in their interpretation of hate speech under general human rights law. The article argues the importance of recognizing and addressing sexist hate speech both within the framework of gender equality instruments and anti-hate speech framework established by international human rights bodies.}, language = {en} } @techreport{Baranowska, type = {Working Paper}, author = {Baranowska, Grażyna}, title = {Missing migrants: Lessons from the EU's response to Ukrainian refugees}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-45289}, pages = {8}, abstract = {With several reports highlighting cases in which migrants fleeing the war on Ukraine had disappeared en route to a safe haven in the EU, this Policy Brief by Dr. Grazyna Baranowska analyses how the EU and its member states address the issue of missing migrants. Ahead of the first International Migration Review Forum, it specifically shows how the Commission's 10-Point-Plan to manage the arrival of more than 6 million Ukrainian refugees can provide a suitable model for further European initiatives to address the challenges related to missing migrants and implement the Global Compact on Safe, Orderly and Regular Migration to that end.}, language = {en} } @article{BaranowskaAlpesKienzle, author = {Baranowska, Grażyna and Alpes, Jill and Kienzle, Isabel}, title = {Making pushback facts visible: a review of tools in existing case law and the procedural framework of the European Court of Human Rights}, series = {The International Journal of Human Rights}, journal = {The International Journal of Human Rights}, publisher = {Informa UK Limited}, doi = {10.1080/13642987.2025.2531790}, pages = {1 -- 26}, abstract = {Pushbacks are practices which result in migrants being forced across borders without an individual assessment of their protection needs. Pushback facts, however, often remain invisible in ECtHR case law because judges rely on state evidence, while states do not consistently record their practice and prevent migrants and civil society organisations from producing evidence. Additionally, states have at times failed to submit requested evidence or submit wrong or incomplete information. Our article intervenes in this problematic context to ask whether and how the ECtHR can make pushback facts visible. Combining case law analysis with an empirical analysis of adjudication and litigation practices, we argue that the ECtHR can make pushback facts visible by mobilising existing tools to gather more evidence and analyse existing evidence in the light of the above-described context. With this argument, we highlight and bridge a crucial divide: while social sciences illuminate the context of evidence gathering, legal scholarship focuses on the analysis of evidence. By interweaving both approaches, this interdisciplinary article proposes a way forward that is both supportive for the ECtHR in its assessment of the factual circumstances of pushback cases, whilst also effective in view of existing case law and the procedural framework.}, language = {en} } @article{Baranowska, author = {Baranowska, Grażyna}, title = {Protecting the Good Name of the Nation as Memory Law}, series = {European Constitutional Law Review}, volume = {19}, journal = {European Constitutional Law Review}, number = {4}, publisher = {Cambridge University Press}, issn = {1574-0196}, doi = {10.1017/S1574019623000214}, pages = {623 -- 641}, abstract = {Memory laws - Protecting the good name of the nation - de facto memory laws - Prohibiting statements about the past - Article 301 of the Turkish Criminal Code - Protecting the good name of Poland and the Polish nation - Protecting the good name of the nation as de facto memory laws - Role of organisations in implementing the laws - Rule of law - Independence of the judiciary - European Court of Human Rights - Chilling effect - European memory politics}, language = {en} } @article{AlpesBaranowska, author = {Alpes, Maybritt Jill and Baranowska, Grażyna}, title = {The Politics of Legal Facts: The Erasure of Pushback Evidence from the European Court of Human Rights}, series = {Law \& Social Inquiry}, journal = {Law \& Social Inquiry}, publisher = {Cambridge University Press (CUP)}, issn = {0897-6546}, doi = {10.1017/lsi.2024.27}, pages = {1 -- 24}, abstract = {This article analyzes how the European Court of Human Rights (ECtHR) handles evidence of pushback, where states violently force asylum seekers away from borders. An examination of how the experiences of pushback survivors get translated (or not) into judgments contributes to theoretical discussions about truth, epistemic practices, and law. The article asks why so little of what researchers, journalists, civil society actors, and international organizations have documented about European border violence is visible in the court's judgments. Based on a mix of legal and anthropological research methods, the article traces how states and the ECtHR erase pushback evidence at borders and during litigation. Taking seriously on equal grounds the construction of facts outside and inside a court room, the article connects external perspectives on the production of evidence with an internal analysis of evidence in judgments. In doing so, the article highlights the political dimensions of seemingly merely technical and legal procedures. We argue for a clearer separation of courts' and states' versions of facts, contending that the presumption of the states' good faith should no longer apply when there is evidence, including in case law, of misrecordings and false statements by respondent states.}, language = {en} } @incollection{SękowskaKozłowskaBaranowskaGrygielZasadaetal., author = {Sękowska-Kozłowska, Katarzyna and Baranowska, Grażyna and Grygiel-Zasada, Joanna and Szoszkiewicz, Łukasz}, title = {The Impact of the United Nations Human Rights Treaties on the Domestic Level in Poland}, series = {The Impact of the United Nations Human Rights Treaties on the Domestic Level: Twenty Years On}, booktitle = {The Impact of the United Nations Human Rights Treaties on the Domestic Level: Twenty Years On}, editor = {Heyns, Christof and Viljoen, Frans Jacobus and Murray, Rachel}, publisher = {Brill | Nijhoff}, isbn = {9789004377653}, doi = {10.1163/9789004377653_016}, publisher = {Hertie School}, pages = {823 -- 898}, language = {en} } @techreport{Baranowska, type = {Working Paper}, author = {Baranowska, Grażyna}, title = {Poland's Sham 'Migration' Referendum}, series = {Verfassungsblog}, journal = {Verfassungsblog}, number = {2023/10/11}, doi = {10.59704/0080ea603408fec9}, language = {en} } @article{BaranowskaHadjigeorgiou, author = {Baranowska, Grażyna and Hadjigeorgiou, Nasia}, title = {Living up to obligations through the International Red Cross? A critique of states' attempts to shift obligations when addressing missing persons}, series = {Leiden Journal of International Law}, journal = {Leiden Journal of International Law}, publisher = {Cambridge University Press (CUP)}, doi = {10.1017/S0922156525100496}, pages = {1 -- 23}, abstract = {The article identifies and explains a phenomenon whereby states attempt to shift their responsibility in relation to missing persons and their families to the International Red Cross. This has dual effect: firstly, it leads to rightlessness of the missing and their families, and secondly, it diminishes the obligations of the states, which are the duty bearers. The attempted shift does not, however, lead to the International Red Cross becoming a duty bearer, despite undertaking crucial actions in the analyzed area. Two case studies, relating to two distinct types of missing persons, are used to illustrate the phenomenon: persons who disappeared during the conflict in Cyprus between 1963 and 1974, and migrants going missing in the Mediterranean.}, language = {en} }