Brazilian legislators challenge unlawful state censorship at international body

  • Senator Eduardo Girao & Members of the Chamber of Deputies Marcel Van Hattem, Adriana Ventura, Gilson Marques & Ricardo Salles claim violations of their free speech rights following persistent state censorship in Brazil, including 39-day ban on X (Twitter) ahead of elections. 
  • ADF International, representing legislators before the Inter-American Commission on Human Rights, petitions international body to condemn Brazilian censorship and uphold free speech.  

Left to right: Senator Eduardo Girao, Members of the Chamber of Deputies Marcel Van Hattem, Adriana Ventura, Ricardo Salles and Gilson Marques.

WASHINGTON, DC (20 December 2024) In light of the ongoing state-driven censorship crisis in Brazil, five Brazilian legislators, including Senator Eduardo Girao and members of the Chamber of Deputies Marcel Van Hattem, Adriana Ventura, Gilson Marques, and Ricardo Salles, are challenging the violations of their free speech rights before the Inter-American Commission on Human Rights, represented by ADF International.  

The Commission has jurisdiction over Brazil as a State Party to the American Convention on Human Rights. The American Convention robustly protects freedom of speech, including prohibitions on prior restraint (censoring expression before it has occurred) and special protections for political speech. Article 13 protects the “right to freedom of thought and expression” which includes “the freedom to seek, receive, and impart information and ideas of all kinds… through any other medium of one’s choice… The exercise of the right…shall not be subject to prior censorship… [and] may not be restricted by indirect methods or means, such as the abuse of government or private controls … or by any other means tending to impede the communication and circulation of ideas and opinions.” 

The legislators claim violations of their rights under the Convention, including their freedom of expression and the equal protection of the law, as a result of escalating state censorship, dating back to 2019, which recently reached a head with the X (formerly known as “Twitter”) ban.  

In their legal challenge now filed with the Commission, the legislators note that state-sponsored censorship, including the 39-day ban of X, is “disproportionate and of dubious legal basis” and “has affected the conventional rights of the Victims in a direct, particular, and serious way.” 

The petition goes on to say that the country’s X blockade “violated the rights of more than twenty million people in Brazil who are users of the platform, having prevented them from accessing the dissemination and reception of information during that time.” 

Julio Pohl, ADF International’s lead legal counsel on the case, stated: “The world watched as Brazilian authorities blatantly clamped down on the free speech rights of over 20 million Brazilians by shutting down X ahead of the national elections. While the ban was eventually lifted, the fact remains that millions of Brazilians, including the five legislators now taking their case to the Inter-American Commission on Human Rights, were subjected to unlawful censorship during a critical time in their country. Censorship has no place in a free society, and it’s time for the Commission to intervene and condemn the vast and ongoing violations of free speech being perpetrated by Brazilian authorities.” 

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Julio Pohl & Marcel van Hattem

Marcel van Hattem, member of the Chamber of Deputies for Brazil and one of the legislators who filed the petition, commented:  

“What we have seen time and again in Brazil is an egregious silencing of political voices, citizens, journalists, or anyone else who might share different viewpoints from Judge Alexandre de Moraes or others in control. This is a major violation of all Brazilians’ free speech and expression rights. We can’t afford to lose Brazil to authoritarianism, which is why I am taking my case to the international level with the help of ADF International. These attempts to silence and censor cannot be allowed to stand.”  

Eduardo Girao, Senator for Brazil and party to the petition, stated:  

“Brazil is facing a very serious censorship problem. While our constitution protects our rights to speak and express ourselves freely as citizens of Brazil, Brazilians throughout the country are afraid to share their beliefs for fear of persecution and punishment. We must push back against censorship in our country, and it is my hope that the Inter-American Commission on Human Rights will fulfill its obligation to condemn the human rights violations that are taking place in our country.”  

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Julio Pohl & Eduardo Girao

State-sponsored censorship 

Censorship in Brazil has been a persistent and escalating problem in Brazil since 2019. The state has targeted conservative voices, including blocking pro-life messages during the 2022 election campaign, which contained views contrary to the pro-abortion position held by then-candidate Lula da Silva.   

On 30 August 2024, Justice Alexandre de Moraes of the Brazilian Supreme Court ordered the “immediate, complete and total suspension of X’s operations” in the country after the platform refused to comply with government orders to shut down accounts which it had singled out for censorship.  The ban was in effect for 39 days. 

ADF International petitioned the Commission to urgently intervene, stating, “The blocking of X in the country is symptomatic of an endemic problem…it has dragged on for more than six years and has caused real damage to Brazilian democracy, producing a chilling effect on the majority of the population who, according to recent surveys, are afraid to express their opinions in public.” 

Elon Musk thanked ADF International for its intervention.  

In September, over 100 global free speech advocates – including former UK Prime Minister Liz Truss, journalist Michael Shellenberger, five US Attorneys General and Senior UK, US, European and Latin American politicians and professors united in an open letter to call for free speech to be restored in Brazil. 

Even with the lifting of the X ban, the state of censorship in Brazil remains severe. 

Left to right: ADF International legal counsel Julio Pohl, Chamber of Deputies member Marcel van Hattem, Senator Eduardo Girao, & ADF International Director of Advocacy for Latin America, Tomás Henríquez

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WIN for religious freedom in Nigeria: Christian mother of 5, Rhoda Jatau, fully acquitted of charges for “blasphemy”

  • Following a two-and-a-half-year legal ordeal, judge in Bauchi State, Nigeria acquits Rhoda Jatau of “blasphemy” charges; Rhoda faced up to 5 years in prison if convicted.  
  • Jatau spent 19 months in prison before being released on bail for allegedly sharing a blasphemous video that condemned the lynching of Christian college student Deborah Emmanuel Yakubu.  
  • Jatau is now safe in an undisclosed location; ADF International supported Jatau’s legal defence, leading advocacy efforts for religious freedom and free expression rights in Nigeria.
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BAUCHI STATE, NIGERIA (19 December 2024) Rhoda Jatau, a Christian and mother of 5 in Nigeria, has been fully acquitted of any wrongdoing following a two-and-a-half-year legal ordeal on charges of alleged blasphemy. Jatau was imprisoned in May 2022 on blasphemy charges for allegedly sharing a video on WhatsApp condemning the lynching of Deborah Emmanuel Yakubu, a Nigerian university student who was murdered and set on fire by a mob of her classmates in May 2022 for sharing her Christian faith. 

Jatau was granted bail in December 2023 and remained safely in an undisclosed location while her trial continued. A judge in Bauchi State, Nigeria, announced Jatau’s full acquittal last week.  

“We are thankful to God for Rhoda’s full acquittal and an end to the ordeal she has endured for far too long,” said Sean Nelson, legal counsel for ADF International. “No person should be punished for peaceful expression, and we are grateful that Rhoda Jatau has been fully acquitted. But Rhoda should never have been arrested in the first place. We will continue to seek justice for Christians and other religious minorities in Nigeria who are unjustly imprisoned and plagued by the draconian blasphemy laws.”   

The Nigerian ADF International allied lawyer, serving as lead counsel on Jatau’s case, responded: “After a two-and-a-half-year ordeal, including 19 long months in prison, we are happy that Rhoda finally has been acquitted of any wrongdoing. We thank all who have been praying for Rhoda, and we ask for your continued prayers as Nigerians continue to push back against persecution.”   

Pictured: ADF International legal counsel Sean Nelson and Rhoda Jatau

Alleged “blasphemy” 

Jatau, a Christian and mother of five, was imprisoned from May 2022 through December 2023 for allegedly sharing a video on WhatsApp condemning the lynching of Deborah Emmanuel Yakubu, a Nigerian university student who was murdered and set on fire by a mob of her classmates in May 2022 for sharing her Christian faith.  

Jatau was charged under sections 114 (public disturbance) and 210 (religious insult) of the Bauchi State Penal Code, and if convicted, faced 5 years in prison.  

Prior to being granted bail and during her 19-month imprisonment, Jatau was repeatedly denied bail and detained incommunicado, only having intermittent access to legal counsel and family members during court appearances.  

Before granting bail, a judge in Bauchi State, Nigeria, refused to dismiss prosecutors’ case in their trial against Jatau. The decision to continue with the prosecution followed a “no case submission” filed by Jatau’s lawyers after the prosecution had rested based on serious evidentiary issues. Jatau’s lawyers raised significant legal failures in the prosecution’s case, and argued that they had not established the basic elements of their case against Jatau.  

The grant of bail and final acquittal followed international outcry over Jatau’s imprisonment. Highlighting both Jatau and Yakubu’s cases, and in response to appeals from ADF International and other religious freedom advocacy organizations, United Nations experts sent a joint allegation letter to the Nigerian government in October of 2023. The letter emphasized the danger of blasphemy laws as a violation of international human rights and called attention to Jatau’s unjust imprisonment.    

Nigeria’s Persecution of Christians   

The cases of Rhoda Jatau and Deborah Emmanuel Yakubu are but two examples of the widespread violence against religious minorities, including Christians in Northern Nigeria, prevalent in Nigeria today.     

Together with other religious minorities in Nigeria, the persecution of Christians in Nigeria is especially severe. Worldwide, over 5,500 Christians were killed for their faith in 2022. Of those, 90% were Nigerian.      

The criminalisation of blasphemy in Nigeria carries with it dangerous implications for the country as a whole. In a country of more than 200 million, split nearly evenly between Christians and Muslims, blasphemy laws are a significant driver of societal tensions. These laws punish the innocent for expressing their beliefs, silence people from sharing their faith, and perpetuate societal violence. Blasphemy laws throughout Nigeria encourage brutal mob violence and inflict severe harm on minority Muslims, Christian converts, and others.    

ADF International also is supporting the legal defence of Nigerian musician Yahaya Sharif-Aminu, a Sufi Muslim who was sentenced to death by hanging for sharing song lyrics that were deemed “blasphemous” on WhatsApp. With the support of ADF International, Yahaya is appealing his case to the Supreme Court of Nigeria in the hopes of overturning the death penalty blasphemy laws in Nigeria. Yahaya remains in prison awaiting his appeal. Yahaya has been imprisoned for over four and a half years.  

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Religious freedom advocates congratulate Rubio on nomination to lead US State Department, call for greater focus on religious prisoners of conscience

  • 60 leaders and organizations, including ADF International, Jubilee Campaign USA, Global Christian Relief, congratulate Senator Marco Rubio on Secretary of State nomination 
  • Religious freedom advocates ask Rubio to continue his tireless advocacy for the persecuted worldwide, in particular for religious prisoners of conscience, and secure religious freedom as a foreign policy priority.  
  • ADF International supporting legal defence of the persecuted across the globe, including in Nigeria and Egypt.   

WASHINGTON, DC (19 December 2024) ADF International, along with participants of the International Religious Freedom (IRF) Roundtable, an informal coalition of organizations, religious and secular leaders, advocates, and scholars dedicated to the protection of religious freedom, today sent a letter to Senator Marco Rubio to congratulate him on his nomination to Secretary of State and press for him to prioritize advocacy for religious prisoners of conscience.  

In the letter, the religious freedom advocates thank Sen. Rubio for his work to promote religious freedom abroad and secure the release of prisoners of conscience, including those imprisoned for their faith or beliefs. The advocates ask that, if confirmed, Rubio would continue to make support for religious prisoners of conscience a priority in U.S. foreign policy: “If confirmed as Secretary of State, we ask that you use your platform to give an even greater voice to those who languish hidden away behind bars only because of their faith or beliefs. We ask that you use all available tools to ensure that those unjustly imprisoned for their faith around the world are freed. We know that advocacy for the unjustly imprisoned has been a personal priority for you, and we are confident that, through your leadership, it will be a foreign policy priority of the United States.” 

Sean Nelson, legal counsel for ADF International and letter signatory, stated:  

“We congratulate Senator Rubio, a true friend and advocate for the voiceless across the globe, on his nomination for Secretary of State. Across the globe, many are unjustly punished for living out and expressing their faith. If confirmed, we are hopeful that under Senator Rubio’s leadership, there will be renewed pressure on religious freedom violators and justice for the persecuted.”  

ADF International coordinated the organization of the letter. A full list of signatories and text of the letter can be read HERE. ADF International also supported another letter sent today expressing gratitude for Sen. Rubio’s leadership on IRF issues throughout his career. 

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Background 

The letter highlights several critical instances of religious persecution, including the cases of Yahaya Sharif-Aminu (Nigeria) and Abdulbaqi Saeed Abdo and Nour Girgis (Egypt). 

In Nigeria, Yahaya Sharif-Aminu was sentenced to death by hanging in 2020 for sharing allegedly “blasphemous” song lyrics in a closed WhatsApp group. He is currently awaiting appeal at the Nigerian Supreme Court with the legal support of ADF International.  

In Egypt, Nour Girgis and Abdulbaqi Saeed Abdo, both Christian, have been held in pre-trial detention for over two years. They were arrested in 2021 for their involvement with a Facebook page that is dedicated to supporting people who have converted from Islam to Christianity. Authorities arrested the men after discovering their affiliation with the page, spuriously linking their involvement with terrorism activities.    

ADF International is pursuing international action to advocate for their urgent release following a letter from Abdo to his family where he vowed to commence a hunger strike due to the injustice he has endured.  

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What Is the Censorship Industrial Complex and How is it Affecting Our Free Speech Rights?

The Censorship Industrial Complex and what you need to know

A Global "Censorship Industrial Complex" Demands a Global Response

The Censorship Industrial Complex and what you need to know

What was once confined to dystopian fiction has now become an undeniable reality; censorship has become one of the most pressing issues in our digital age. Under the banner of combating “mis-, dis-, and mal-information,” sweeping laws and regulations are being deployed to muzzle voices and suppress free expression on an unprecedented scale.

At its core, censorship is about power—who has it and who gets to decide what is said and what isn’t. This has led to what can be termed the “censorship industrial complex”—a robust and dangerous alliance of governments, international institutions, tech giants, media outlets, academic institutions, and advocacy groups collaborating to control the flow of information, primarily online.

Much like the “military-industrial complex” that US President Dwight Eisenhower warned about in 1961—an influential alliance between government and defence contractors—the “censorship industrial complex” suggests a similar coalition, this time with the intent to control public discourse. Eisenhower warned that when government and industry become too connected, they end up putting corporate or political interests above the public.

As said in the Westminster Declaration: “We understand that words can sometimes cause offence, but we reject the idea that hurt feelings and discomfort, even if acute, are grounds for censorship.” If we fail to address this growing web of censorship, the right to free speech will be chipped away, piece by piece.

How Global Censorship Laws Impact Free Speech Across Borders

The “censorship industrial complex” operates on a global scale, from the suppression of religious speech and political dissent in authoritarian countries to the increasing censorship of conservative or religious perspectives on social media in democratic countries.

The global fight for free speech has reached a critical point, complicated by the vast web of censorship laws across countries. Speech allowed in one country is restricted or criminalized in another, preventing people from sharing ideas across borders. 

And in democratic countries in Europe and the Americas, the threats to free speech are mounting and severe.

“Hate Speech” Legislation as a Tool for the Censorship Industrial Complex

This year, the Irish government debated a “hate speech” law that, if adopted, could criminalize the possession of “hateful” material with up to five years in prison. This law raised alarm among free speech advocates, who asserted that vague definitions of “hate” could lead to suppressing legitimate discourse.

In June, ADF International briefed Irish lawmakers on the dangers and gathered free speech advocates in Dublin to oppose the draconian bill. While the Irish government signalled it would not proceed with the bill, similar legislation likely will be attempted again in the future.

Similarly, in April, Scotland passed a law criminalizing “stirring up hatred” against protected categories, including transgender identity, with a possible seven-year prison sentence. This law also includes ambiguous terms that could criminalize speech perceived as “offensive”.

Wherever these laws are put in place, the term “hate” isn’t clearly defined, opening the door for anything deemed offensive to be categorized as a “hate crime.”

The free speech crisis is far from restricted to one bill in one country. As we’ve seen, restrictive legislation spreads and with it, the erosion of our fundamental freedoms.

Digital Censorship as a Cornerstone for the Censorship Industrial Complex

A peaceful online statement can lead to criminal charges or even prison time in many parts of the world, and the threat of financial penalties is used to pressure and intimidate tech giants like X to censor unwanted speech, leaving anyone at risk for sharing their beliefs.

ADF International is supporting the legal defences of several individuals whose free speech rights have been attacked at national and international levels. Their cases transcend national borders, emphasizing the international nature of the “censorship industrial complex”.

Our Legal Work Against Digital Censorship

Former Mexican congressman Gabriel Quadri was convicted of “gender-based political violence” for tweets on transgender ideology and fair play in female sports. Civil society leader Rodrigo Iván Cortés was convicted of the same for his peaceful expression. Both were sentenced to publish court-written apologies daily on social media and placed on an offender’s registry.

Finnish Parliamentarian Päivi Räsänen has faced charges, trials, and hours of police questioning since a 2019 tweet quoting the Bible’s Book of Romans, in which she questioned her church’s support of a Pride parade.

Citizen journalist and Canadian Billboard Chris was censored for tweeting the truth that a trans-activist shouldn’t serve on a World Health Organization panel for children. Australia’s “E-Safety Commission” tried to force X to take the post down and when X refused, they forced the platform to geo-block it.

Egyptian Father of five Abdulbaqi Saeed Abdo has spent over two years in prison for being part of a Facebook group created for those interested in converting to Christianity.

In Nigeria, Deborah Emmanuel Yakubu was brutally killed by her classmates after she posted a message in a class WhatsApp group, thanking Jesus for helping her with her exams. Her murder was filmed and widely shared. Rhoda Jatau, who allegedly shared a video of Deborah’s killing, condemning it, was also accused of blasphemy. She spent 19 months in prison before being released on bail. She is awaiting a judgment.

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“Online Safety” Clampdown in Europe

Two major pieces of online speech legislation were passed in Europe over the last two years: the EU’s Digital Services Act (DSA) and the UK’s Online Safety Act (OSA).

The UK’s Online Safety Act aims to “combat harmful content online” by requiring platforms to moderate it or face penalties. However, it has the clear markings of censorship.

A U.S. Congressional Committee has criticized this law, along with the UK’s recent nationwide “buffer zones” legislation, calling it part of a “tsunami of censorship” threatening free speech in America.

The House Judiciary Committee pressed concerns about free speech in the UK and Europe highlighting on Twitter (X):

“Generally speaking, they require platforms to censor alleged hate speech and harmful content…The UK’s laws mirror or go beyond the EU’s laws & include Orwellian practices to investigate speech.”

The Financial Stakes and the Censorship Industrial Complex

“What do platforms risk if they don’t comply? Penalties are as high as six percent of global revenue from the EU’s DSA and 10% of global revenue from the UK’s OSA. Billions of dollars for most major platforms.

“The Digital Services Act and Online Safety Act enable bureaucrats in the EU and the UK to put platforms out of business. So now, social media companies and their employees are incentivized to overregulate speech on their platforms to preserve their business.”

ADF International’s Executive Director, Paul Coleman, stated, “If British politicians do not act to protect free speech, all other considerations aside, the UK will continue to suffer severe reputational harm on the world stage.”

Award-winning author and journalist Michael Shellenberger recently spoke at the European Parliament about the threats posed to free speech by the DSA at an event attended by ADF International. His message to the EU and President of the Commission Ursula von der Leyen was simple: “Back off your attacks on freedom of speech.”

Our Georgia Du Plessis participated in a roundtable discussion at the Parliament with Shellenberger, MEP Fernand Kartheiser, and former MEP Rob Roos about the DSA and freedom of expression. ADF International is committed to ending the free speech crisis.

Censorship Under the Guise of Cybersecurity

Barbados is debating a cybercrime bill that could imprison people for up to seven years for causing “annoyance” or “emotional distress” online.

Under the proposed law, it would be a criminal offense to “publish, broadcast, or transmit data that is offensive” or share content that might subject someone to “ridicule, contempt, or embarrassment.” Even vague notions like “annoyance” and “inconvenience” could lead to prosecution.

Such laws will be used to stifle dissent, intimidate critics, and force self-censorship. The risk? Peaceful expression could be criminalized under the guise of cybersecurity.

We brought this issue before the Inter-American Commission on Human Rights in Washington, DC, emphasizing that freedom of speech is under direct threat.

While governments have a duty to combat real online crimes like hacking or incitement to violence, targeting “annoyance” crosses a dangerous line. These regulations, which are supposedly designed to protect the public, are increasingly being weaponized against the public.

The proposed legislation raises a critical question: who defines what is offensive or annoying? Without clear definitions, enforcement becomes arbitrary and ripe for abuse. History shows us how such vague laws can pave the way for authoritarian crackdowns on free speech.

The chilling effect is real: people self-censor to avoid crossing invisible lines and even face the threat of imprisonment.

Ban of ‘X’ in Brazil

Brazil has also been grappling with extreme censorship, making it one of the Americas’ most restrictive countries for free speech.

In August, Supreme Court Justice Alexandre de Moraes blocked X in the country, citing concerns over “misinformation” and “hate speech” affecting the national elections. He didn’t want Brazilians freely engaging in dialogue online in such a way as to impact the elections, so he abused his office to shut down X.

ADF International filed a petition before the Inter-American Commission on Human Rights about the prohibition, representing five Brazilian legislators who were prevented from reaching their audience of millions ahead of a national election.

In September, over 100 global free speech advocates – including UK Prime Minister Liz Truss, journalist Michael Shellenberger, five US Attorneys General, and Senior UK, US, European, and Latin American politicians and professors united in an open letter to call for free speech to be restored in Brazil.

The United States’ Role in Dismantling the Censorship Industrial Complex

The incoming Trump administration is poised to tackle the global censorship issue.

President Trump’s first major policy statement since his victory outlined his plan to restore free speech. He asserts that this fundamental right has been diluted by federal officials who have worked with tech executives to suppress views they don’t like.

Documents uncovered through lawsuits and released by X owner Elon Musk reveal how US agencies collaborated with social media platforms to remove content.

The US’s approach could have wide-ranging effects on censorship laws worldwide, as the US plays a significant role in setting international precedents around free speech and Internet governance.

The US may encourage other countries to protect free speech and, in so doing, work to end the global censorship crisis.

Conclusion: The Censorship Industrial Complex Threatens Our Freedom of Speech

The “censorship industrial complex” is a network of ideologically aligned governmental, nonprofit, media, tech, finance, and academic institutions that are colluding to censor vast swaths of speech they claim threatens democracy, including speech on a wide array of critical social and political issues.

They are weaponizing terms like “hate” and “misinformation/ disinformation” to censor speakers directly, pressure digital platforms to censor, and threaten to shut down platforms that refuse to bend the knee to censorship demands.

Throughout history, those in power have always sought to censor speech with which they disagree.

We must confront the “censorship industrial complex” and safeguard the right to free speech if we are to ensure a future where ideas can flourish without fear of suppression.

Swiss Supreme Court rules parents must facilitate daughter’s gender ‘transition’ under threat of criminal charges in ‘heartbreaking’ decision

  • Backed by ADF International, parents appealed lower court ruling which said they must hand over identity documents of now 17-year-old daughter to enable her legal ‘sex change’
  • Parents separated from daughter for over a year and a half by court order because they objected to her ‘transition’. Case has received worldwide attention
  • Appeal to European Court of Human Rights being considered

Lausanne (7 December 2024) – Switzerland’s highest court has decided parents separated from their daughter for refusing to endorse her gender “transition” must enable their child’s legal “sex change” or face the possibility of criminal charges.

Backed by ADF International, the parents, who are remaining anonymous, had appealed to the Swiss Federal Supreme Court (Schweizerisches Bundesgericht) following two lower courts ruling that they had to hand over their daughter’s identity documents so her legally recorded sex could be changed.

The parents argued that both the Swiss Federal Constitution and international law protected their right to act in their daughter’s best interest by not enabling her legal “sex change”.

But the Supreme Court has now rejected their appeal on the basis that its intervening in the case would violate the principle of the separation of powers.

It issued a decision stating: “The situation complained of cannot therefore be remedied by interpretation. Nor can it be concluded that there is a loophole per se that would have to be filled by the courts.

“It would therefore be up to the federal legislature, if necessary, to amend the system as it currently stands under the Act, from which the Federal Court cannot derogate, since it is not its role to interfere in matters that are the responsibility of the federal legislature. It follows that the complaint must be dismissed.”

A further appeal to the European Court of Human Rights is being considered to protect the parents’ rights to care for their daughter without state interference.

The child’s father reacted to the ruling: “We are heartbroken. We love our daughter and only want what’s best for her. We know this decision is not in her best interest.

“That we could face criminal charges for simply trying to care for our daughter shows how deeply embedded transgender ideology is in Swiss institutions and the real harms it causes.

“We are considering our next steps.”

Dr Felix Böllmann, Director of European Advocacy for ADF International, commented: “At every juncture, these loving parents have sought to act in the best interests of their daughter, as is their right and obligation under international law.

“The court’s decision to dismiss their appeal is an intolerable violation of their rights. It has, in effect, mandated a legal ‘transition’ for the daughter against her parents’ wishes.

“Not only is this an intervention without any evidential basis of psychological benefit, but it also could pave the way for potentially irreversible physical interventions down the line.”

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Background

This is the latest juncture in a case that has already received worldwide attention.

A video of the parents explaining their harrowing story has been viewed over 66 million times and X-owner Elon Musk commented on it saying: “This is insane. This suicidal mind virus is spreading throughout Western Civilization.”

The daughter’s parents were separated from their child by court order over a year and a half ago, after they objected to their child’s so-called gender “transition”.

They were concerned their daughter was being pushed to make hasty and irreversible decisions when she first said she identified as the opposite sex following mental health struggles at the age of 13.

The Cass Review, a landmark independent report in the UK which examined the evidence around “gender affirmative care” in minors, confirmed the parents’ concerns about the risks and harms associated with this model. As does the increasing number of countries rejecting this form of so-called “treatment”—such as the UK and, recently, Chile.

The parents refused “puberty blockers” for their child and told her school to not “socially transition” her, and instead arranged private mental health care.

But the school “socially transitioned” the daughter anyway and liaised with the state child welfare agency, Service de Protection des Mineurs (SPMI) and a transgender-activist organisation.

Eventually, the daughter was separated from her parents and legal authority over her medical care was transferred from the parents to SPMI.

The daughter has lived in a government shelter since April 2023 and the parents’ access to her is regulated by the state.

The parents tried and failed to recover legal authority over their daughter’s medical care through an appeal, and a court order was issued for them to hand over her identity documents to enable a legal “sex change”.

Read more details about the case’s background here.

Federal Supreme Court case details

The parents were appealing a ruling from the Court of Justice, the highest court in the canton of Geneva, that said they must hand over their daughter’s identity documents under the threat of criminal charges.

The Federal Supreme Court cannot amend federal law, which allows gender “self-determination”, but has the power to interpret it in accordance with higher law, such as the country’s constitution and supranational or international law.

The parents’ case in the Federal Court appeal was that, on the basis of Article 11 of the Swiss Federal Constitution, Article 3 of the United Nations Convention on the Rights of the Child and Article 8 of the European Convention on Human Rights (ECHR), they should not be forced to enable their daughter’s legal “sex change”, since it is not in the child’s best interest.

Article 11 of the Swiss Federal Constitution, on the protection of children and young people, says: “Children and young people have the right to the special protection of their integrity and to the encouragement of their development.”

Article 3 of the United Nations Convention on the Rights of the Child says: “In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.”

Article 8 of the ECHR guarantees the right to a private life, which includes the right of parents to care for their children and their prior right to decide what is in the best interest of their children.

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STATEMENT: Chilean Senate protects children, takes a stand against dangerous gender ideology

  • Chile joins a growing group of countries taking steps to reject gender ideology as Senate passes critical law prohibiting the use of public funds for “gender transition” for minors.  
  • Law to be confirmed unless challenged by the Constitutional Court in the coming weeks. 

WASHINGTON, DC (3 December 2024) Chile has joined a growing group of countries that are taking steps to reject gender ideology. 

The following statement may be attributed to Tomás Henríquez, Director of Advocacy for Latin America:  

“The Chilean Senate has passed a critical law that prohibits the government from spending any public funds on surgical or hormonal interventions for children under the age of 18 for so-called ‘gender/sex reassignment’.  

The first of its kind in Latin America, this sets a major precedent for the protection of children not just in Chile, but also in all Latin American countries. Chile is to be commended for taking an important step in saying no to the dangers of gender ideology.  

Now, other countries must do the same. Every child is precious just as they are and has the absolute right to be safeguarded from a radical ideology that promotes dangerous drugs and surgeries with devastating consequences.” 

BACKGROUND: 

The Senate vote took place following the release of a report from a Chilean Congressional investigative committee that strongly recommended the immediate suspension of all programs related to the so-called “gender transition” of children. 

The report investigated the PAIG program, or Growing with Pride, a government policy aimed at Chileans that expressed “gender identity” confusion. 

From the report: “The PAIG is implemented in 37 hospitals in the country and the psychosocial pairs have the power to carry out family interventions, within educational spaces, referral to hormone therapies, as well as the power to take legal action against ‘resistant parents’ who oppose the gender transition of their children or seek greater prudence when advancing in the different stages of it.” 

The report revealed that a combined 4,142 children and adolescents have entered or have been treated in the PAIG program, “despite the lack of consensus in the medical-scientific community and the setback in several European countries on applying treatments.” 

The law passed in the Chilean Senate on 20 November 2024. The government had communicated it would study mounting a challenge to the amendment at the Constitutional Court, which may materialize in the coming weeks. 

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40,000+ urge International Olympic Committee: “KEEP WOMEN’S SPORTS FOR WOMEN”

  • IOC receives petition demanding that women not be “forced to compete with men” in future Olympic games
  • Elite athletes speak out about importance of biological sex, as landmark challenge to law banning harmful drugs and surgeries hits US Supreme Court 

WASHINGTON, DC (4th December) – Over 40,000 people from around the world have signed a joint open letter to the International Olympic Committee, imploring them to protect “women’s sports, private spaces, and basic fairness” in light of increasing pressure to include biological males in women’s sporting categories. 

READ THE PETITION IN FULL HERE

The petition, which was hand-delivered to the IOC’s headquarters in Lausanne, Switzerland by ADF International, states: “Men and women are different. Their physical differences give men athletic advantages in sports. Scientific research continues to acknowledge this reality.” 

“However, governments and organizational bodies like the IOC have adopted policies that allow males who identify as female to compete in women’s sports. These policies prioritize feelings over fairness—ideology over truth.” 

“I’m one of so many young women that have lost out on medals and opportunities - simply because I wasn’t a male. What kind of message does that send?

- Riley Gaines, swimmer & campaigner for justice in women's sports

Commenting on the petition, Riley Gaines, who campaigns for justice in women’s sports having been forced to compete against males in swimming, said:

“As a college athlete, my safety and privacy in the locker room was repeatedly jeopardized because of sports bodies which put ideology before women’s rights. I’m one of so many young women that have lost out on medals and opportunities – simply because I wasn’t a male. What kind of message does that send?

“Women have raised concerns repeatedly about safety, privacy and fairness in women’s sports. The IOC is looked upon as a leader on sports policies. It must take heed of this petition, and take a stand for women around the world in protecting our sports – not only for this generation of athletes, but the little girls who one day dream of winning the gold.” 

Lost medals and opportunities

Women have lost more than 890 medals in 29 different sports to males competing in women’s sports categories, according to the report of Reem Alsalem, UN Special Rapporteur on Violence Against Women and Girls, which was highlighted at a recent panel event hosted by ADF International at the UN Headquarters in New York. 

Males have a larger heart, greater lung capacity, greater muscle mass, more red blood cells, and less body fat than females, among other physiological advantages – all of which result in a significant performance advantage in sport. 

Commenting on the petition, British Olympian swimmer and sports commentator Sharron Davies said: 

“Women’s sport should never have been sacrificed on the altar of virtue-signalling gender ideology, against all the peer reviewed science in the first place. 

“I’d very much hoped after the betrayal of women during the GDR era I wouldn’t see the IOC do it again, but here we are. Let’s hope common sense & prioritising fairness & safety for female athletes will return soon. The willful negligence of the boxing during the Paris 2024 Olympics was a particular low point and a total disgrace.” 

Davies lost out on winning Olympic gold in the 1980s due to an East German competitor who had been given an unfair advantage, having been supplied with testosterone as a teenager to improve her performance.  

“Women’s sport should never have been sacrificed on the altar of virtue-signalling gender ideology, against all the peer reviewed science in the first place."

- Sharron Davies, British Olympian and author of "Unfair Play"

Supreme Court to consider biological reality 

The petition was delivered to the IOC days prior to a landmark case being heard at the US Supreme Court regarding a law that bans puberty blockers, cross-sex hormones, and certain surgeries for children.  

The state of Tennessee is defending its law that protects children from harmful, unnecessary, and high-risk medical procedures that alter their bodies to make them look like the opposite sex.   

Systematic reviews around the world have exposed the harmful risks of puberty blockers to children’s health. Several European countries and American states have banned puberty blockers and cross-sex hormones for children. 

“Gender ideology has countless victims, including children who, incapable of consenting to the harm, take toxic puberty blockers which can cause irreversible damage to their bodies – to young girls and women who suffer the consequences of the lie that men can become women.  

“Nobody is born in the wrong body – such a message is dangerous and abusive. Men and women are different and unique. We should celebrate our complementary strengths – not diminish them at the expense of the safety, privacy, and dignity of all involved,” said Elyssa Koren, Director of Legal Communications for ADF International. 

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Pictured:

Elyssa Koren, Director of Legal Communications for ADF International

Selina Soule, taking legal action after being forced to compete against male athletes, with support from ADF

Sharron Davies, British Olympian and author of “Unfair Play”

Felix Böllmann, legal counsel for ADF International, delivering petition to IOC HQ in Lausanne

United Nations experts call for immediate release of Yahaya Sharif-Aminu, denounce blatant human rights violations in Nigeria

  • Experts with the United Nations Working Group on Arbitrary Detention call for the immediate and unconditional release of Nigerian Yahaya Sharif-Aminu. 
  • Sharif-Aminu currently remains in prison while awaiting Supreme Court appeal following death sentence for sharing allegedly “blasphemous” song lyrics on WhatsApp; ADF International is supporting his appeal to the Supreme Court of Nigeria. 

GENEVA (3 DECEMBER 2024) The United Nations Working Group on Arbitrary Detention (WGAD) has called for the immediate release and reparations for Nigerian Yahaya Sharif-Aminu in a just-published opinion. Sharif-Aminu was sentenced to death by hanging in 2020 for sharing allegedly “blasphemous” song lyrics in a closed WhatsApp group. He is currently awaiting appeal at the Nigerian Supreme Court with the legal support of ADF International. 

In their opinion, the WGAD finds that Nigerian authorities deprived Sharif-Aminu of various fundamental human rights in international law, including freedom of religion or belief and freedom of expression, and urges Nigerian authorities to “take the steps necessary to remedy the situation” without delay. The WGAD also urges the government of Nigeria to “ensure a full and independent investigation into the circumstances surrounding the arbitrary detention of Mr. Sharif-Aminu and to take appropriate measures against those responsible for the violation of his rights.” The full opinion can be read here. 

“We are grateful to the members of the WGAD for speaking out on Yahaya’s behalf and for their denouncement of the blatant human rights violations he has been enduring,” said Sean Nelson, legal counsel for ADF International. “It is past time for Nigerian officials to heed the advice of human rights advocates across the globe, release Yahaya and abolish the blasphemy laws that have plagued religious minorities in Nigeria for far too long. No person should be punished, prosecuted, or threatened with death for their peaceful expression and their faith. We pray for Yahaya’s unconditional release and for all people worldwide to continue to raise their voices on his behalf.” 

Kola Alapinni, international human rights lawyer and lead attorney on Sharif-Aminu’s case, said: “The WGAD has reviewed the full facts of the unjust charges against Yahaya Sharif-Aminu, and have come to a clear and decisive statement that his rights have been violated grievously. I thank them for their call for his immediate release. Officials in Nigeria should listen—Yahaya’s ongoing detention is indefensible.” 

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A video from ADF International features testimonies from Yahaya’s mother, father, and uncle, who recount the traumatic experiences endured by Yahaya and their family.

Death sentence for “blasphemy”   

In 2020, Sufi Muslim Yahaya Sharif-Aminu was sentenced to death by hanging for “blasphemy”. His alleged crime involved sending song lyrics on WhatsApp that were deemed blasphemous toward the prophet Mohammed.    

With support from human rights legal advocacy group ADF International, Sharif-Aminu has appealed his case to the Supreme Court of Nigeria and is challenging the constitutionality of Sharia-based blasphemy laws. He remains in prison awaiting the Supreme Court appeal. His case is far from an isolated incident. Together with minority Muslims, the persecution of Christians in Nigeria is especially severe. In 2022, approximately 90% of all Christians worldwide that were killed for their faith were in Nigeria.   

International pressure has been mounting to free Yahaya and end blasphemy laws. Last year, the European Parliament overwhelmingly called for the immediate release of Sharif-Aminu, and a group of 209 international and Nigerian human rights advocates wrote to then-Nigerian President Muhammadu Buhari, calling for Sharif-Aminu’s immediate release. 

In addition, in May of this year, United Nations experts called for Sharif-Aminu’s immediate and unconditional release.  

Sharif-Aminu’s potentially landmark Supreme Court appeal could end blasphemy laws in his home state of Kano and across northern Nigeria. A positive decision could lead the way toward abolishing blasphemy laws around the world.  

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