Showing papers on "International human rights law published in 2023"

Logging and Indigenous Peoples' Well-Being: An Overview of the Relevant International Human Rights Jurisprudence

Abstract: HIGHLIGHTS Logging activities that occur in Indigenous peoples' traditional territories can have significant and wide-ranging effects on Indigenous peoples' rights, including well-being, cultural, land and participation rights. Preventing impacts on Indigenous peoples' well-being requires respect for Indigenous peoples' right to their lands and resources in the first instance. International human rights jurisprudence recognizes that respect for participation rights is an important safeguard to ensure protection of other rights of Indigenous peoples. Respect for Indigenous peoples' participation rights entails undertaking the following before commencing activities such as logging in Indigenous peoples' lands: conducting environmental and social impact assessments; engaging in consultations with the affected Indigenous peoples with the aim of obtaining Free, Prior, and Informed Consent; and agreeing on benefit sharing, compensation, prevention and mitigation measures. Although these requirements are well-established under international human rights law, many States have yet to comply with their treaty obligations, and in practice there is both limited incorporation of protections for Indigenous peoples' rights into national legislation and improper implementation of these requirements by States and non-State actors. SUMMARY Logging activities worldwide occur on lands that are already inhabited and used by Indigenous peoples and other local communities and often cause negative impacts on those communities. International human rights law provides one framework within which to understand these impacts. In particular, a discrete body of rights within international human rights law pertain to Indigenous peoples. Encroachments on Indigenous lands, such as through logging or other forestry operations, often run up against the full spectrum of Indigenous peoples' rights, all of which are interdependent and interconnected. Numerous human rights bodies, including the United Nations treaty bodies and regional human rights courts, have addressed Indigenous rights in the context of logging and other extractive activities. This article reviews existing jurisprudence elaborating the scope of these rights and explains how respect for land and participation rights can help prevent impacts on other rights. International human rights jurisprudence outlines three steps as core components of Indigenous peoples' participation rights and as safeguards to protect other rights: conduct environmental and social impact assessments; engage in consultations with the affected Indigenous peoples with the aim of obtaining free, prior, and informed consent; and agree on benefit sharing, compensation, prevention, and mitigation measures with the affected Indigenous peoples. However, these requirements, and respect for Indigenous peoples' rights more broadly, remain to be effectively implemented and observed in practice. L'exploitation du bois s'effectue à travers le monde sur des terres préalablement habitées et utilisées par des peuples indigènes et d'autres communautés locales, et résultent souvent en des impacts négatifs qui affectent ces communautés. La loi internationale des droits de l'homme fournit un cadre à l'intérieur duquel ces impacts peuvent être compris. Un groupe discret de droits au sein des droits de l'homme internationaux concerne en particulier les peuplades indigènes. Les débordements sur leurs terres, telles que la coupe du bois ou d'autres opérations forestières vont souvent à l'encontre du spectre complet des droits indigènes, ces derniers étant tous interdépendants et interconnectés. Plusieurs corps des droits de l'homme, incluant des corps de traités et des cours régionales de droits de l'homme des Nations Unies, ont pris en compte les droits indigènes dans le contexte de la coupe du bois et d'autres activités d'extraction. Cet article examine la jurisprudence existante élaborant la portée de ces droits, et explique comment le respect pour la terre et les droits de participation peuvent aider à prévenir l'impact sur d'autres droits. La jurisprudence internationale des droits de l'homme dresse trois étapes, identifiées comme ingrédients-clé des droits des indigènes à la participation et comme des assurances pour protéger d'autres droits, mener des évaluations environnementales et d'impact social, s'engager dans des consultations avec les peuples indigènes touchés, visant à obtenir un consentement préalable libre et informé, et s'accorder sur un partage des bénéfices, des compensations, des préventions et des mesures d'atténuation avec les populations indigènes impactées. En todo el mundo, las actividades de tala se realizan a menudo en tierras que ya están habitadas y son utilizadas por pueblos indígenas y otras comunidades locales, y por ello a menudo causan impactos negativos en esas comunidades. El derecho internacional de los derechos humanos ofrece un marco con el que entender estos impactos. En particular, una serie de derechos dentro de la legislación internacional de derechos humanos se refiere a los pueblos indígenas, y a la ocupación de tierras indígenas, como por ejemplo a través de la tala u otras operaciones forestales, y a menudo chocan con el espectro completo de derechos de los pueblos indígenas, todos los cuales son interdependientes y están interconectados. Numerosos organismos de derechos humanos, incluidos los órganos creados en virtud de tratados de las Naciones Unidas y los tribunales regionales de derechos humanos, han abordado los derechos de los indígenas en el contexto de la explotación forestal y otras actividades extractivas. Este artículo revisa la jurisprudencia existente que desarrolla el alcance de estos derechos y explica cómo el respeto a los derechos sobre la tierra y a la participación puede ayudar a prevenir impactos en otros derechos. La jurisprudencia internacional en materia de derechos humanos señala tres pasos como componentes básicos de los derechos de participación de los pueblos indígenas y como salvaguardias para proteger otros derechos: realizar evaluaciones de impacto ambiental y social; realizar consultas con los pueblos indígenas afectados, con el objetivo de obtener su consentimiento libre, previo e informado; y acordar la distribución de beneficios, la compensación, la prevención y las medidas de mitigación con los pueblos indígenas afectados.

Informal human rights law-making: How treaty bodies use ‘General Comments’ to develop international law

Abstract: The United Nations treaty bodies were established to monitor the implementation of human rights by states parties. Through ‘General Comments’ – legally non-binding clarifications of treaty obligations – they have also influenced the development of international human rights law – for example, on the right to life and climate impacts. We address this phenomenon by establishing a twofold argument. First, we argue that General Comments are used by the committees to informally shape international law. They deliberately act as human rights law-makers, knowing that international institutions, organizations and professionals in their network will subsequently refer to such instruments. Second, we argue that treaty bodies not only rely on their network once they have adopted their outcome, but the experts’ personal networks also shape the drafting process of General Comments. We develop and illustrate an analytical framework with two case studies of General Comments on the human right to water and the torture prohibition. The analysis demonstrates the need for external knowledge of both technical and legal aspects of the norms being interpreted. By addressing pressing human rights challenges, expert committees can shape the law in times of stagnation and resist contestation even from powerful states.

Christianity, Human Rights, and American Political Polarization

Abstract: Over the course of the twentieth century, American conceptions of rights became more global. This development—usually described as a move from “civil rights” to “human rights”—was especially acute in American Christian communities. The role of Christianity deserves our attention because of the religion's important role in the conceptualization, popularization, and practice of human rights in the United States and, thanks to Christians’ overseas networks, to every corner of the world.1 The increasingly global understanding of rights, however, did not lead to the liberalization of rights for American Christians. True, human rights talk contributed to important milestones in religious pluralism and the Civil Rights movement, and often served as a gateway to democratic liberalism for some groups resistant to the American liberal tradition. Human rights, however, were not only a liberal project. Conservatives also embraced human rights but in starkly different ways. The divergent interpretations of human rights were not merely a reflection of the growing political divide in the second half of the twentieth century. Christian activists’ adoption of human rights helped forge new alliances and exacerbated the divide between liberal and conservative Christianity, and between political liberalism and political conservatism.

Human rights enforcement in Africa: Enhancing the Pan-African Parliament's capacity to promote and protect human rights

Abstract: To realise the promises and obligations emanating from various human rights frameworks that set regional normative standards, regional organisations have created organs and agencies with clear mandates. The Pan-African Parliament is one such organ in the context of the African Union. Indeed, article 3(2) of the Protocol establishing the Parliament lists the promotion of 'the principles of human rights and democracy in Africa' as one of its core objectives. However, the status quo clearly shows that the Parliament lacks the capacity to contribute meaningfully to the human rights agenda on the continent. Despite this deficiency, this article explores other avenues through which the organ can effectively contribute to its human rights mandate. However, the contribution questions the wisdom in adopting model laws in the absence of mechanisms to ensure the buy-in of member states as well as the adoption of these laws in national jurisdictions. Finally, the article proposes enhanced cooperation between the Parliament and various AU organs burdened with a human rights mandate to ensure that these organs 'speak the same language' and advance collective positions in furtherance of the broad AU human rights framework.

Trial in absentia and the modern international criminal procedure

Abstract: INTRODUCTION. The article discusses the theoretical and practical problems of conducting trials in the absence of the accused (in absentia) in international criminal courts and tribunals.MATERIALS AND METHODS. The article is based on international human rights treaties that regulate the rights of the accused in criminal proceedings, the statutory and procedural documents of these courts, and the practice of interpreting and applying the right of the accused to be present at the trial.RESEARCH RESULTS. International human rights treaties establish the minimum rights of the accused in criminal proceedings. Among these rights is the right of the accused to be present at the trial. However, the practice of interpreting this right by the relevant conventional international bodies and international criminal courts and tribunals imposes significant limitations. A number of such restrictions appear to be both reasonable and justified. However, in many cases the restrictions are arbitrary and their justification is legally flawed.DISCUSSION AND CONCLUSIONS. Universal and a number of regional international human rights treaties, in particular, the International Covenant on Civil and Political Rights of 1966 contain norms that are binding not only for states in their application of national law, but also establish general human rights standards in international law. Due to this circumstance, the provisions of such treaties bind any institutions operating directly in the system of international law, in particular, international criminal courts and tribunals. Thus, international criminal courts and tribunals are bound by the provisions of these treaties, not only in terms of their implementation, but also in terms of their interpretation. The practice of these courts demonstrates a very inconsistent application and not always convincing interpretation of the rights of the accused in general and the right to be tried in his presence. Currently, this practice is trying to change the previously formed trend towards increasingly severe restrictions on exceptions to the right of the accused to be tried in his presence.

The Rights of Nature as a Legal Response to the Global Environmental Crisis? A Critical Review of International Law’s ‘Greening’ Agenda

Abstract: Abstract Over the past decade and a half, various natural entities have been recognised as having rights or legal personhood in certain domestic jurisdictions. The idea of nature as rights-bearing is seen by advocates to be a new and improved response to environmental threats. While rights of nature approaches are increasingly evident in transnational law, orthodox international law has yet to engage seriously with such approaches, despite increasing calls to recognise the rights of nature in international law. In this contribution we consider the potential and limitations of rights-based protections of nature as part of the ‘greening’ of international law. We argue that attempts to incorporate the rights of nature into international law need to be understood within the wider context and history of international law, including trajectories of colonialism and economic resource exploitation. Although rights of nature approaches may offer a path towards a greener international law, this path should not be followed in a way that reproduces problematic, homogenising aspects of international law, but instead centres human relationality with nature in place. Instead, we argue that there are important lessons to be learnt from transnational attempts to protect and implement rights of nature and legal personhood, especially where models are informed by Indigenous peoples’ relationships with nature.

International protection of human rights during armed conflicts

Abstract: This article is devoted to consideration of issues that cover the most sensitive and popular topics of today, in particular, the protection of human and citizen rights during escalation, assistance in the protection of fundamental rights by the international representation. Respect and protection of human rights is one of the leading principles of international law, enshrined in international legal treaties. All countries must adhere to the principles of freedom, democracy, respect for human rights and fundamental freedoms.Human rights, which are enshrined in current international legal treaties, are the result of the long-term historical development of social and political thought, the gradual formation of standards that have become the norm for the life of a modern democratic society. The author examines the provisions of the most famous international documents related to the protection of human rights during an armed conflict: the Convention for the Protection of Human Rights and Fundamental Freedoms, the additional protocol to the Geneva Conventions of , relating to the protection of victims of armed conflicts of a non-international nature (Protocol II) of June 8, 1977 year, the International Covenant on Civil and Political Rights of December 16, 1966 and other international documents relating to armed conflicts of a non-international nature. The international system of human rights protection is part of the system of international relations as a whole, but on the other hand, it is a system of international law, forming one of its branches. There are three main points of view regarding the place of human rights in international relations. According to the traditional statistical approach, human rights are a matter of sovereign state jurisdiction and continue to be a secondary object of international relations. There is a need to ensure human rights under any circumstances. An important priority in international cooperation is the protection and guarantee of human rights during armed conflicts and conflicts of a non-international nature. To date, international law refers to armed conflicts with condemnation, aggression, and prohibits any kind of war in general. But unfortunately, this is our reality of modern stages of human development.

Human Rights, States and Non-state Actors

Abstract: The chapter examines the role played in the field of human rights by states and non-state actors, such as those operating in the framework of international and non-international armed conflicts (e.g. insurgents and national liberation movements, natural persons, minorities and indigenous peoples). The chapter highlights both their increasing importance in international law and the specific needs of protection from the point of view of human rights. In addition, the legal regime concerning multinational corporations is analyzed, together with the tendency, recently followed by some national courts, to ascertain their responsibility under both national and international law for serious violations of human rights.

International Covenant on Economic, Social and Cultural Rights

Abstract: Economic and social rights are found as part and parcel of many international instruments, universal and regional. Among the universal instruments adopted by the United Nations are the following: The Universal Declaration of Human Rights.The International Covenant on Economic, Social and Cultural Rights The Convention on the Rights of the Child.

Making Rights and Realities: How Australian Human Rights Make Gender, Alcohol and Other Drugs

Abstract: Australia is unique among Western nations in that it does not have a national bill of rights; in lieu, rights protections have proceeded in a piecemeal fashion, with some jurisdictions developing their own systems for rights protection. These systems involve parliaments ‘scrutinising’ proposed new laws for their compatibility with rights. These processes are sometimes theorised as constitutive, capable of bringing various material-discursive effects into being. For instance, whilst problems such as family and sexualised violence are said to pre-exist legislative and policy practices designed to combat them, alternative approaches can draw our attention to the way these phenomena are made in and through such processes themselves. Drawing on work from Moya Lloyd (“(Women’s) Human Rights: Paradoxes and Possibilities.” Review of International Studies 33 (1): 91–103) and Karen Zivi (Zivi, K. 2019. “Human Dignity and Human Rights: Lessons from the Fight for Marriage Equality in the United State”s.” In Critical Perspectives on Human Rights, edited by B. Schippers, 103–119. London: Rowman and Littlefield International, Zivi, K. 2012. Making Rights Claims: A Practice of Democratic Citizenship. Oxford: Oxford University Press.) on human rights as constituting norms, rules, conventions, and worlds, Law’s (Law, J. 2011. “Collateral Realities.” In The Politics of Knowledge, edited by F. Rubio, and P. Baert, 156–178. London: Routledge) work on collateral realities, and interviews (N = 30) conducted with key stakeholders involved in Australian rights scrutiny processes, we explore how articulations about human rights might shape connections between alcohol, other drugs, gender and social problems. Using a case-based approach, we focus on three accounts that generate relations between alcohol, drugs, gender, and bodies, and consider the possible implications for affected populations.

Guiding Principle 10: States as Members of Multilateral Institutions

Abstract: This chapter is a commentary on Principle 10 of the United Nations Guiding Principles on Business and Human Rights (UNGPs). The UNGPs, endorsed by the United Nations Human Rights Council in 2011, are the first universally accepted framework for addressing business responsibilities for human rights. They outline State obligations to protect human rights, businesses’ responsibility to respect human rights, and the importance of both States and businesses offering adequate remedies for human rights breaches.

Guiding Principle 30: The Role of Collaborative Initiatives in Respecting Human Rights

Abstract: This chapter is a commentary on Principle 30 of the United Nations Guiding Principles on Business and Human Rights (UNGPs). The UNGPs, endorsed by the United Nations Human Rights Council in 2011, are the first universally accepted framework for addressing business responsibilities for human rights. They outline State obligations to protect human rights, businesses’ responsibility to respect human rights, and the importance of both States and businesses offering adequate remedies for human rights breaches.

Application of the practice of the European Court of Human Rights in civil proceedings

Abstract: The article is devoted to the study of the significance and place of practice of the European Court of Human Rights in the national civil procedural legislation of Ukraine.An analysis of the provisions of the Convention on the Protection of Human Rights and Fundamental Freedoms and its Protocols, which is part of the national legislation of Ukraine, as a valid international treaty, the consent to the binding of which was given by the Verkhovna Rada of Ukraine, and it was found that the main task of the European Court of Human Rights of a person is, first of all, control over the implementation of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 by the countries that directly signed it.It was determined that the decision of the European Court of Human Rights is an extremely important legal practice that should be used to supplement national legislation, as well as to directly improve the methods of protecting civil rights and bring the norms of law, in this case, civil and civil procedural, closer to European standards.It has been established that the courts apply the Convention on the Protection of Human Rights and Fundamental Freedoms and the practice of the ECtHR as a source of law.The practice of the European Court of Human Rights is an official form of interpretation of the basic (inalienable) rights of every person, enshrined and guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, which is part of the national legislation of Ukraine, and in this connection, a source of legislative legal regulation and law enforcement in Ukraine.Based on the results of the study, it was concluded that the great importance of the practice of the ECtHR for the civil justice of Ukraine is due to the fact that the Court interprets the provisions of the Convention and its Protocols comprehensively, taking into account international experience and changes in the world that are currently taking place, so that such an interpretation reflects the realities of today.The practice of the European Court of Human Rights occupies a prominent place as a source of civil procedural law of Ukraine, since, taking into account Ukraine’s desire for European integration, Ukrainian courts increasingly refer to specific decisions of the European Court of Human Rights in civil cases as a legal justification for their chosen position.Therefore, we can define the practice of the European Court of Human Rights as a source of civil and civil procedural law, which must be applied interdependently and in an inseparable combination with the provisions of the Convention on the Protection of Human Rights and Fundamental Freedoms and its Protocols, considered as a complete “living organism”.

The subject-matter jurisdiction and interpretive competence of the African Court on Human and Peoples' Rights in relation to international humanitarian law

Abstract: The African Court on Human and Peoples' Rights has a uniquely broad subject-matter jurisdiction that includes any 'relevant human rights instrument ratified by the states concerned' (article 3 of the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights). This article considers the extent to which the Court's subject-matter jurisdiction includes international humanitarian law, and the related issue of the Court's interpretive competence. It is argued that the Court indeed is competent to directly apply norms of international humanitarian law. However, the circumstances under which it can do so are limited to two instances, namely, (i) where international humanitarian law norms are incorporated by reference into applicable human rights treaties; and (ii) in the likely scenario that the Court regards some international humanitarian law conventions as having a human rights character, the primary rules of the applicable international humanitarian law obligations must entail an individual right. Whether a given international humanitarian law obligation entails an individual right is to be determined on a case-by-case basis and, in any event, such instances will be rare. As a consequence of the limited circumstances under which the Court can directly apply international humanitarian law, determining the extent to which the Court can rely on the interpretation of international humanitarian law in applying human rights norms remains pertinent. In this regard it is argued that the Court can rely on international humanitarian law in the application of human rights norms on two bases. First, considering the complementary relationship the Court has with the African Commission, the Court can rely on the African Charter's interpretation clause (articles 60 and 61). Second, the Court has an implied power to interpret international humanitarian law in applying human rights treaties, as this power is necessary for the Court to discharge its mandate.

Concepts and features of international legal standards of human rights

Abstract: The article examines exclusively the legal basis of international legal standards of human rights.Different approaches to the interpretation of the concept of international legal standards of human rights are analyzed. After all, in the modern world, when the problem of human rights has gone far beyond the boundaries of an individual state, there has been a need to create universal international standards, which are also defined as basic human rights. The main features of international legal human rights standards are highlighted, which are reflected in the following definition of the concept of these standards: international human rights standards are fixed in international acts and documents, textually unified and functionally universal principles and norms, which through the mediation of very abstract, mostly evaluative, the term-concept captures the minimally necessary or desired content and scope of human rights, conditioned by the achieved level of social development and its dynamics, and also establishes the positive obligations of states regarding their provision, protection and protection, and provides for sanctions of a politico-legal or political nature for their violation.The peculiarities of international legal standards of human rights and their classification are revealed.The issue of ensuring the rights and freedoms of a person and a citizen in accordance with international standards established in international legal documents was considered. A legal analysis was carried out in relation to international legal acts, which contain relevant standards in the field of observing human and citizen rights.It was concluded that international legal standards of human rights are important and have a significant impact on the domestic legislation of both Ukraine and other states. Each state must provide a mechanism for the protection of the rights and freedoms of its citizens, because this is an integral part of a democratic state.

Exporting the European Convention on Human Rights by Maria-Louiza Deftou (review)

Abstract: Reviewed by: Exporting the European Convention on Human Rights by Maria-Louiza Deftou Mark Weston Janis (bio) Maria-Louiza Deftou, Exporting the European Convention on Human Rights (Hart 2022), ISBN 9781509952434, 328 pages. Maria-Louiza Deftou, who teaches international law and international human rights law at the School of Law at the National and Kapodistrian University of Athens, Greece, has transformed her [End Page 358] 2019 PhD thesis from the same university into an interesting and promising book, Exporting the European Convention on Human Rights. Its title is a bit misleading in two respects. First, the “export” is really more an export of Strasbourg case law as adjudicated by the European Court of Human Rights (the “Strasbourg Court”) than an export of the European Convention on Human Rights and Fundamental Freedoms (the “Convention”), and, second, only one of the book’s three other legal systems, the Inter-American Court of Human Rights (the “Inter-American Court”) is really an “importer.” Perhaps a more descriptive book title would have been: The Impact of the European Court of Human Rights on Other International Legal Systems. As a PhD thesis, the work is excellent, a detailed review of the interaction among the case law of the Strasbourg Court and the case law of (1) the Court of Justice of the European Union (the “Luxembourg Court”), (2) the Inter-American Court, and (3) the United Nations Human Rights Committee (the “Human Rights Committee”). Well over half of the substantive text is devoted to the Luxembourg Court (pages 19–131), with somewhat less consideration given to the Inter-American Court (pages 135–199), and even less to the Human Rights Committee (pages 200–231). The book shows considerable hard work, describing and analyzing Strasbourg case law that has had an impact on each of the other legal systems. The author shows a nuanced understanding of many judgments and doctrines from all four legal systems, surely an effort worthy of securing a doctorate. However, the more interesting and novel contribution is in the author’s comparison of the impacts of the Strasbourg system, and it is this aspect that might have been considerably expanded. The plainest “export” of the Strasbourg Court has been to the Inter-American Court, modeled on the European human rights system and generally receptive to Strasbourg jurisprudence. As the author aptly remarks “the fruitful interaction between the European and the Inter-American human rights systems offers the most luminous example of a meaningful judicial dialogue.”1 “Certainly, the Inter-American judicial mechanism greatly copied the pioneer human rights protection offered by the [Strasbourg Court], the case law of which constituted the substantial archetype of the Inter-American system.”2 The author considers the contribution of the Strasbourg Court to the Inter-American Court respecting positive obligations,3 subsidiarity and the margin of appreciation,4 provisional measures,5 free speech,6 and migration.7 The author concludes that the Inter-American Court has found the Strasbourg Court to be “its main source of aspiration” and it has “borrowed extensively from its European sibling.”8 The notion of a Strasbourg Court “export” is less clear respecting the other two comparisons. Regarding the Luxembourg Court, the story is more one of “interplay between the two European judicial mechanisms,” than “export.” Much of the work in the two chapters about the [End Page 359] Luxembourg Court have to do with the battle between the two courts for a sort of judicial supremacy in the jurisprudential space of Europe. The author remarks that “conflicts and inconsistencies between the two European jurisdictions have not been sidestepped.”9 Several examples of this competition are explored including the Strasbourg Court’s defense of the right to private life under Article 8 of the European Human Rights Convention and the Luxembourg Court’s Defense of EU Data Protection laws10 and about migration issues.11 The author laments that Luxembourg’s “road to Strasbourg” has proven “to be remarkably long, and inconsistencies in terms of interpretation and standards of protection still stand out, the Luxembourg Court strives to foster ‘peaceful’ coexistence of the [EU] Charter with the Convention and their respective monitoring bodies in the hope of success of the perpetual...

If I Ran the Zoo: Protecting the Rights of Black African Minorities

Abstract: If I Ran a Zoo is a metaphoric trope for the normalisation of racism in European society for decades at a time when the contradiction of aspiring to the civilised world where human dignity, regardless of any distinctive status, would be respected. This article resolved the research question on how the rights of black African minorities can be protected while creating a safe space for the black people in Europe. Through content analysis, the article demonstrated the nature and origin of racism. It argued that racism and racial discrimination as it is rife against black African people, is a serious challenge for the realisation of human rights in Europe. It further considered the rights of black African minorities in the context of an Afrophobic Europe, and why international human rights law has failed to protect black African people. While it examined the risk posed to the lives of black minorities, it concluded that the elimination of racism and racial discrimination is within the capacity of European states, and consists in their showing greater responsibility towards their obligations in the European Convention on Human Rights.

Legal Aspects of Child Protection in the Perspective of National Law

Abstract: Law Number 39 of 1999 concerning Human Rights in Chapter III Human Rights and Basic Human Freedoms in Part Ten regulates children's rights. The section entitled Rights of the Child provides regulatory provisions which are poured into 15 (fifteen) articles, where in Article 52 Paragraph (2) it is stated that children's rights are human rights and for the benefit of the child's rights are recognized and protected by law even since in the womb. The Unitary State of the Republic of Indonesia in ensuring the welfare of every citizen, one of which is to provide protection for children's rights which is one of human rights. The Indonesian government in its efforts to guarantee and realize the protection and welfare of children is through the establishment of Law Number 23 of 2002 concerning Child Protection. Child Protection as referred to in Article 1 point 2 of the Law is all activities to guarantee and protect children and their rights so that they can live, grow, develop and participate optimally in accordance with human dignity and status, and receive protection from violence and discrimination. Legal protection and the concept of protection for children consist of several aspects including; protection of children's human rights and freedoms, protection of children in the judicial process, protection of children's welfare (in the family, educational and social environment), protection of children in cases of detention and deprivation of liberty, protection of children from all forms of exploitation (enslavement, child trafficking) , prostitution, pornography, trafficking/abuse of drugs, manipulating children in committing crimes and so on), protection of street children, protection of children from the effects of war/armed conflict, protection of children against acts of violence, special attention should be paid to children Problems with the Law (ABH) and the need for application and/or implementation of basic concepts for the protection of children's human rights.

Sexual and Reproductive Rights

Abstract: This essay focuses the historically changing of sexual and reproductive rights, and discusses how the framework of sexual rights fills in the absence of human rights in the field of sexual topics and benefits the universality of human rights discourse. The discussion of contemporary sexuality is embedded into the larger political framework of global capitalism, neocolonialism, militarism and ethnic conflict, and the gender hierarchies that exist everywhere. In this frustrating context, issues related to sexual and reproductive rights have also begun to emerge, and this essay will address these issues in four parts. The first section analyses the concept of human rights and the sociology of human rights; the second part retains the right to patriarchal male domination of the family and it questions the 'reproductive and sexual rights' of human rights; the third part presents the feminist critique that liberalism does not grant all individuals freedom;the fourth section discusses several issues related to global political processes and the struggle for reproductive and sexual rights, especially in the case of the LGBT rights.

Conceptualising corruption as a violation of human rights in Indonesia

Abstract: Corruption has devastating impacts on the realization of human rights. As of yet, corruption has not been classified as a violation of human rights. This dissertation argues that the conceptualisation of corruption as a violation of human rights in Indonesia is possible and beneficial. To identify the intersection of corruption and human rights, this dissertation focuses on corruption in the health and education sectors.The evolution of normative outputs of International Human Rights Institutions on corruption as a violation of human rights suggests that it is possible and beneficial to conceptualise corruption as a violation of human rights. It examines doctrinal issues relating to the authority of human rights courts to assess the causality between corruption and human rights injuries and argues that judicial activism by several Indonesian judges shows that conceptualisation of corruption as a violation of human rights is not impossible. Finally, this dissertation discusses the development of corruption as a violation of human rights from emerging norm into an accepted legal norm. This study combines the concept of international norm dynamics developed in international relations theory with the interactional legal theory and it shows the role of norm entrepreneurs in developing the standard of legality related to corruption as a violation of human rights. This study ends with recommendations for Indonesia and international actors on how to foster the process of conceptualising corruption as a violation of human rights through the formulation of normative outputs that enrich the content of the link between corruption and human rights.

Sustainable Internal Security in Nigeria: Any Role for International Human Rights Law?

Abstract: Since Nigeria’s restoration to democracy in 1999, the country has never faced the same level of internal security threat as it does now, including threats from Boko Haram rebels, herdsmen and bandits. This paper argued that the problem of internal insecurity in Nigeria is a symptom of a failed state and that this can be remedied by the adoption of the concept of new approach to security in international law which essentially entails enthroning a regime of human rights protection in the country. The paper discovered that in Nigeria the number of human rights recognised in each generation of rights is not exhaustive enough. The paper further found, among other things, that Nigeria’s Fundamental Rights (Enforcement Procedure) Rule, 2009 does not give effect to internationally-recognized Rights that are uncaptured or weakly captured in Nigeria’s municipal law. The paper utilised the doctrinal methodology.

Examining the Role of International Human Rights Tribunals in Promoting Accountability for Human Rights Violations

Abstract: This study investigates the crucial role of international human rights courts in advancing accountability for human rights abuses. Its primary objective is to evaluate the effectiveness of these tribunals in holding accountable those — individuals, states, and non-state actors are to blame for major human rights violations. As part of the research methodology, relevant literature, case studies, and legal decisions from international human rights tribunals are thoroughly examined. The International Criminal Court (ICC), the International Court of Justice, and local human rights courts are all part of this. The scope of the investigation includes War crimes, genocide, and crimes against humanity, torture, and enforced disappearances. The findings underscore the substantial contribution made by international human rights courts in ensuring justice, truth-seeking, and redress for victims of human rights abuses. These tribunals have played a pivotal role in establishing legal precedents, clarifying the extent of human rights obligations, and fostering international cooperation to address impunity. The study also explores the challenges confronted by international human rights courts, including limited jurisdiction, enforcement capacity, and political opposition. Additionally, it examines potential synergies between international tribunals and national justice systems to strengthen accountability mechanisms at both the international and domestic levels. The findings of this study have significant implications for policymakers, individuals who advocate for human rights, and those who work in the legal field because they highlight the importance of a powerful and independent international human rights court in promoting accountability and providing justice for victims of human rights violations all over the world.

Human rights education for representatives of legal professions: international legal aspect

Abstract: The article analyzes the provisions of international legal acts at the universal and regional levels (Universal Declaration of Human Rights of 1948, International Covenant on Economic, Social and Cultural Rights of 1966, Basic Principles on the Role of Lawyers of 1990, Committee of Ministers Recommendation Rec (2004) 4 to member states on the European Convention on Human Rights in university education and professional training etc.) regarding education in the field of human rights for representatives of legal professions. It is noted that representatives of legal professions who are at the center of human rights protection should be able to obtain high-quality education in the field of human rights in order to effectively perform their human rights function and prevent human rights violations. Human rights education programs were described (the UN World Programme for Human Rights Education, Council of Europe Programme for Human Rights Education for Legal Professionals). It is indicated that the UN World Programme for Human Rights Education consists of a number of stages aimed at specific issues: the first stage (2005-2009) was aimed at including human rights in the educational program of primary and secondary schools; the second stage (2010-2014) was dedicated to education in the field of human rights in the higher education system and professional training programs for teachers, lecturers, civil servants, law enforcement officers and military personnel; the third stage (2015-2019) was aimed at employees of mass media, and the fourth stage (2020-2024) identified youth as the target group. It is noted that the Council of Europe Programme for Human Rights Education for Legal Professionals (HELP) consists in strengthening the potential of judges, lawyers and prosecutors, etc. on the application of European standards in the field of human rights through online courses that cover a range of topics in this field.

Publication of foreigners’ human rights abuses and retaliation between Convention Against Torture (CAT) states

Abstract: Institutions that monitor violations of human rights, particularly of victims living outside their home countries, will often name the victims’ countries of origin in their reports. This article looks at this understudied practice and argues that it unintentionally creates bilateral retaliation dynamics between the victims’ home country and the country violating the victims’ rights. The article defines retaliation and explains why countries care about violations of their citizens’ rights that take place abroad. Through empirical analysis, the article shows that countries retaliate in response to violations of their citizens’ rights which have been identified and publicized by the UN Committee Against Torture. I use a new dyadic dataset on the abuse of foreigners’ human rights, as identified by Amnesty International and the Committee Against Torture, to test the hypothesis that a country's abuse of foreigners from a peer country is associated with that peer country's abuse of rights of citizens from the observed country. I then examine the Syrian–Lebanese case to trace the process of retaliation. These analyses support the hypothesis that countries retaliate against violations of their citizens’ rights abroad.

The advisory role of international courts in the evolution of human rights law

Abstract: Human rights have the pedigree of a distinguished struggle against oppression: everyone shall be treated with respect for their inherent dignity and human worth.3 The horrors of the Second World War provided the legal basis for the modern human rights law. The establishment of the United Nations (UN) signalled the beginning of an international concern for the protection of human rights. Human rights transnational institutions have developed human rights principles, some recognized as jus cogens norms. Nonetheless the application of human rights law in courts is almost always contested. The functions of international courts such as the International Court of Justice (ICJ) are dependant on the States volition and the settlement of disputes between them. Whenever asked by the UN organs and specialized agencies, international courts also give advisory opinions on contentious legal questions. The impact of international jurisprudence on contemporary international law is significant, assessing key areas of international law, such as law of the sea, international environment law and international human rights law. Note that, in this paper we focus on the particular impact of the advisory opinions on the human rights law.

Chinese Yearbook of Human Rights, Volume 5 (2023)

Abstract: The Chinese Yearbook of Human Rights is a forum for academic exchange between China and the international community in the field of human rights. It publishes peer reviewed articles by scholars and practitioners from both within and outside China on human rights issues, from the perspectives of law, philosophy, political science, history, international relations and other relevant academic disciplines. The Yearbook was originally founded in cooperation with the UN Office of the High Commissioner for Human Rights, the Raoul Wallenberg Institute of Human Rights and Humanitarian Law, and the Chinese Academy of Social Sciences, but fell silent from 2008 onwards. It now has a new editorial team, consisting of internationally based human rights scholars and a team of editors at the Institute for Human Rights of the China University of Political Science and Law and the Center for Human Rights Studies of the Chinese Academy of Social Sciences. Volume 5, 2023, is the result of that cooperation and focuses on the topical issue of international standards and international monitoring procedures, including historical evolution, current interpretation and application, the monitoring work by both treaty- and Charter-based bodies, and directions for future developments.

Beyond Legal Measures: A Review of the DRC's Initial Report under the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa

Abstract: Abstract The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) established a reporting process to monitor compliance. Despite its shortcomings, this process provides an opportunity for states to engage in a frank, constructive and open dialogue with the African Commission on the measures they have adopted to realize women's rights and the challenges they face. The DRC's initial report on implementing the Maputo Protocol provides an opportunity to assess how the country has advanced women's rights. This article notes that the DRC has adopted legislation and policies to comply with some of its obligations under the protocol. However, these have not brought about much transformation in terms of effective enjoyment of rights due to the contested nature of many women's rights and the community's patriarchal mindset. The article argues that states should focus on extra-legal measures that can counteract negative attitudes and beliefs towards women's rights.

Human Rights and State Sovereignty

Abstract: Abstract Despite being a cross-border phenomenon by definition, migratory movements are not governed by public international law to a significant extent. The Refugee Convention and human rights are the exception to the rule. Chapter 5 concentrates on the tension between state sovereignty and human rights in the evolution of European migration law, which builds upon earlier forms of state control over the entry and stay of foreigners that emerged during the long nineteenth century as a by-product of the formation of sovereign statehood. Human rights serve as a counterpoint to state sovereignty in contemporary Europe, with elements of dynamism coinciding with scenarios of standstill in the human rights case law. Our remarks focus on the contribution of the European Convention on Human Rights (ECHR), the Charter of Fundamental Rights, the Refugee Convention, and international treaty bodies or diplomatic fora, including the Global Compacts adopted in 2018. These general explanations on the international dimension of migration law prepare the ground for sector-specific comments on human rights, refugee law, and international treaties in the substantive chapters.

Guiding Principle 17: Human Rights Due Diligence

Abstract: This chapter is a commentary on Principle 17 of the United Nations Guiding Principles on Business and Human Rights (UNGPs). The UNGPs, endorsed by the United Nations Human Rights Council in 2011, are the first universally accepted framework for addressing business responsibilities for human rights. They outline State obligations to protect human rights, businesses’ responsibility to respect human rights, and the importance of both States and businesses offering adequate remedies for human rights breaches.