TY - JOUR A1 - Baranowska, Grażyna T1 - Protecting the Good Name of the Nation as Memory Law JF - European Constitutional Law Review N2 - 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 KW - Centre for Fundamental Rights Y1 - 2023 U6 - https://doi.org/10.1017/S1574019623000214 SN - 1574-0196 VL - 19 IS - 4 SP - 623 EP - 641 PB - Cambridge University Press ER - TY - RPRT A1 - Baranowska, Grażyna T1 - Missing migrants: Lessons from the EU’s response to Ukrainian refugees N2 - 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. KW - Missing Migrants, IMRF, Refugees, Ukraine Y1 - 2022 UR - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:b1570-opus4-45289 UR - https://www.delorscentre.eu/en/publications/detail/publication/missing-migrants-lessons-from-the-eus-response-to-ukrainian-refugees ER - TY - JOUR A1 - Sękowska-Kozłowska, Katarzyna A1 - Baranowska, Grażyna A1 - Gliszczyńska-Grabias, Aleksandra T1 - Sexist Hate Speech and the International Human Rights Law: Towards Legal Recognition of the Phenomenon by the United Nations and the Council of Europe JF - International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique N2 - 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. Y1 - 2022 U6 - https://doi.org/10.1007/s11196-022-09884-8 SP - 1 ER - TY - JOUR A1 - Baranowska, Grażyna T1 - The Rights of the Families of Missing Persons: Going Beyond International Humanitarian Law JF - Israel Law Review N2 - 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. Y1 - 2021 UR - https://www.cambridge.org/core/journals/israel-law-review/article/rights-of-the-families-of-missing-persons-going-beyond-international-humanitarian-law/A9C19122F8CEE80E705869EC919AC640 U6 - https://doi.org/10.1017/S0021223721000182 VL - 55 IS - 1 SP - 25 EP - 49 ER - TY - CHAP A1 - Sękowska-Kozłowska, Katarzyna A1 - Baranowska, Grażyna A1 - Grygiel-Zasada, Joanna A1 - Szoszkiewicz, Łukasz ED - Heyns, Christof ED - Viljoen, Frans Jacobus ED - Murray, Rachel T1 - The Impact of the United Nations Human Rights Treaties on the Domestic Level in Poland T2 - The Impact of the United Nations Human Rights Treaties on the Domestic Level: Twenty Years On KW - Centre for Fundamental Rights Y1 - 2024 SN - 9789004377653 U6 - https://doi.org/10.1163/9789004377653_016 SP - 823 EP - 898 PB - Brill | Nijhoff ER - TY - RPRT A1 - Baranowska, Grażyna T1 - Poland’s Sham 'Migration' Referendum T2 - Verfassungsblog Y1 - 2023 U6 - https://doi.org/10.59704/0080ea603408fec9 IS - 2023/10/11 ER -