Of Old Men, Country Clubs, and Atrocities: The Visualities and Externalities of Detaining Elderly Human Rights Violators in Chile

2021 ◽  
pp. 1-24
Author(s):  
Caroline Davidson
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Negative Externality ◽  
Human Right ◽  
Penal Reform ◽  
Country Club ◽  
Justice Process ◽  
Human Rights Norms ◽  
Old Men ◽  
The Way

Abstract This article explores a pair of powerful but competing symbols in the Chilean human transitional justice process: ‘pobres viejitos’ (poor little old men) and country club prisons. The symbol of the ‘pobres viejitos’ is used very effectively by conservative elements of Chilean society to argue the futility or even inhumanity of punishing perpetrators of human right violations so long after the commission of their crimes. In turn, to victims and more liberal segments of society, the country club or ‘five star’ prison for human rights violators stands as a symbol of impunity and the failure of the Chilean state to do justice for the crimes of the dictatorship. This article examines the power of these symbols in undermining support for transitional justice efforts, as well as the externalities of the debate. The fate of the ‘pobres viejitos’ and whether to release the from even their relatively comfortable places of confinement has bled into debates on penal reform for other elderly prisoners. This mostly negative externality suggests the need for international and regional courts (or countries not in the throes of transitional justice processes, particularly delayed ones) to lead the way on the articulation of human rights norms related to the trial and punishment of elderly prisoners.

Part VII Inter-linkages with Other Regimes, Ch.45 Human Rights

2021 ◽  
Author(s):  
Knox John H
Keyword(s):  
Human Rights ◽  
Environmental Harm ◽  
Human Rights Law ◽  
Human Right ◽  
Multilateral Environmental Agreements ◽  
Healthy Environment ◽  
Wide Range ◽  
Human Rights Treaties ◽  
Environmental Human Rights ◽  
Human Rights Norms

This chapter examines the relationship between human rights and the environment, which has developed through the adoption and interpretation of many different national constitutions and laws, human rights treaties, and multilateral environmental agreements (MEAs). The development of what might be called ‘environmental human rights law’ has occurred in three main channels. First, efforts to achieve recognition of a human right to a healthy environment, while ineffective at the UN, have achieved widespread success at the national and regional levels. Second, some multilateral environmental instruments have incorporated human rights norms, especially rights of access to information, public participation, and remedy. Third, human rights tribunals and other monitoring bodies have ‘greened’ human rights law by applying a wide range of human rights to environmental harm. The chapter explains each of these paths of development before sketching potential lines of further development through recognition of the rights of nature and of future generations.

The Right to Health

2018 ◽  
pp. 231-264
Author(s):  
Sandra Fredman
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Final Section ◽  
Right To Health ◽  
Individual Rights ◽  
Personal Integrity ◽  
Human Right ◽  
The Right ◽  
The Way

Is health a human right? Many would maintain that it is not. On this view health and ill-health are due to natural causes, not to State actions. Others are concerned that health raises too many polycentric problems to be dealt with through justiciable human rights. These contestations have shaped the way in which the right to health is understood. Section II sketches out the health context. Section III considers jurisdictions in which there is no express right to health, but a right has been derived from rights to life, personal integrity, or privacy. Section IV contrasts this approach with jurisdictions with an express right to health. Section V examines the role of the right to equality, while section VI focuses on reproductive health. The final section returns to the challenges of polycentricity and the extent to which a justiciable right can address systemic issues rather than individual rights to medication.

Images and Memory: Religiosity and Sacrifice – The Cases of Tierralta, Trujillo and Arenillo in Colombia

2020 ◽  
Vol 14 (1) ◽  
pp. 35-55
Author(s):  
Freddy A Guerrero ◽  
Liza López Aristizabal
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Cultural Representations ◽  
Human Right

Abstract Memory in Colombia is a human right that is recognized for victims and society in the framework of processes of transitional justice, and in the last decade there has been an institutionalization of memory, with organizations arising whose purpose is to manage memory initiatives in the country. However, organizational and community memory and denunciation processes and practices have been developed, materialized and represented through objects/images, like sources and references for memory aimed to account for the atrocious past and promote acts of resistance and humanity amid the inhumanity of war. From a fragmentary perspective, we concentrate on three cases of images in Colombia that, based on religious and cultural representations, allow us to observe their power in processes of recovering memory, of denunciation and demands with regard to respect for human rights.

Parallel Tracks and Fraught Encounters

2017 ◽  
Author(s):  
Pascha Bueno-Hansen
Keyword(s):  
Human Rights ◽  
Rural Communities ◽  
Transitional Justice ◽  
Armed Conflict ◽  
Armed Forces ◽  
Gender Based Violence ◽  
Internal Armed Conflict ◽  
Justice Process ◽  
Gender Based ◽  
Feminist Movements

This chapter examines the struggles and gaps between the protagonism of rural Andean women, or campesinas, and the priorities of the human rights and feminist movements in Peru as they try to address the ever-growing number of victims and survivors of the internal armed conflict. The armed conflict pitted the armed forces versus the Shining Path; both sides demanded allegiance from rural communities. From the beginning, campesinas were at the forefront of local efforts to denounce human rights violations and address the needs of affected people with the help of church groups and human rights advocates. Peruvian human rights and feminist movements presented the strongest potential for taking on the defense of campesinas' rights. This chapter considers how social exclusions marginalized campesina voices in the transitional justice process and how and why, despite campesina protagonism and human rights and feminist movements' best intentions, the gender-based violence directed at campesinas during the armed conflict slipped through the cracks. It also looks at the founding of the Women for Democracy, or Mujeres por la Democracia (MUDE), in 1997.

Narratives of Justice and War in Croatia

2020 ◽  
pp. 445-461
Author(s):  
Ivor Sokolić
Keyword(s):  
Human Rights ◽  
Focus Groups ◽  
Transitional Justice ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
War Narrative ◽  
Human Rights Norms ◽  
The Relationship ◽  
Self Defence

This chapter examines the relationship between war and justice narratives in Croatia, based on focus groups, dyads, and interviews conducted in 2014 and 2015. The war narrative is based on a pervasive conception of self-defence against a larger Serbian aggressor. It contrasts with a justice narrative that is focused on the norms of transitional justice and the expressivist effects of trials. The two narratives exist in the same space and interact with each other. This chapter outlines these narratives and analyses their reproduction. It argues that the emotional war narrative’s strength makes it difficult for the justice narrative to take hold and, consequently, for the trickle-down expressivist effects of the International Criminal Tribunal for the former Yugoslavia (ICTY) and human rights norms to occur. This tolerance for deviance was based on notions of legality that were defined differently in relation to Croats and Serbs.

A Genuine Islamic Conceptualization of Religious Freedom

2018 ◽  
Vol 15 (1) ◽  
pp. 1-27 ◽  
Author(s):  
Farhood Badri
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Religious Freedom ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
Research Perspective ◽  
Islamic Thought ◽  
Comprehensive Picture ◽  
Human Rights Norms

Abstract Departing from a critical norm research perspective, the paper first sketches the need to unveil the Eurocentric and secular bias of International Relations (IR) as a discipline in general and its constructivist norm research program in particular. With regard to human rights norms, and religious freedom in particular, the dominant liberal-secular international human rights law understanding of religious freedom marginalizes religious, and especially, Islamic grounds and understandings of this truly global norm. Indeed, it demonstrates both, the dominant ideational perspective of religious freedom as a Western human right grounded by Western-canonical thinkers, and the limits of accommodating religion and religious voices in IR. In contrast, and against the background of a post-secular IR, the paper seeks to unveil alternative and marginalized bodies of Islamic knowledge for the sake of a more comprehensive picture to be painted by IR. By reconstructing reformist Islamic thought and Islamic ideational perspectives and conceptualizations of religious freedom, the paper seeks to let these voices speak for themselves as truly genuine Islamic contributions to IR. The overall aim is threefold: to theoretically connect critical norm research and post-secular approaches with reformist Islamic thought by conceptualizing ijtihad as religious norm contestation; to unveil the double marginalized character of critical Muslim voices in IR; and finally to paint a broader and more comprehensive picture of Islam and IR by revealing an alternative Islamic genealogy of universal religious freedom.

scholarly journals “Death Does Not Rot”: Transitional Justice and Local “Truths” in the Aftermath of the War in Northern Uganda

2013 ◽  
Vol 48 (2) ◽  
pp. 25-50
Author(s):  
Barbara Meier
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Northern Uganda ◽  
International Agencies ◽  
Local Justice ◽  
Peace And Justice ◽  
Rights Discourse ◽  
Major Argument ◽  
Peace And War ◽  
The Way

The article looks at the way Acholi in northern Uganda address war-related matters of “peace” and “justice” beyond the mainstream human rights discourse reflecting some of the basic concepts that are decisive for the way people deal with transitional and local justice. The relationality and the segmentary structure of Acholi society play major roles in categorising “peace” and “war” while being at odds with the globalised standards of human rights that have been brought into play by international agencies, civil society and church organisations as well as the Ugandan state. A major argument is that a one-dimensional understanding of the cosmological underpinnings of rituals as a locally embedded tool of transitional justice (TJ) has an impact on the failure of TJ in northern Uganda. Thus the article highlights the specific cultural dilemmas in which the process of peace currently appears to be stuck.

scholarly journals The Human Right to Access Clean Energy

2008 ◽  
Vol 3 (2) ◽  
pp. 140-148 ◽  
Author(s):  
Stephen Tully
Keyword(s):  
Human Rights ◽  
Natural Resources ◽  
Environmental Protection ◽  
Environmental Sustainability ◽  
Renewable Energy Sources ◽  
Clean Energy ◽  
Human Right ◽  
Human Needs ◽  
Development Agenda ◽  
Human Rights Norms

This paper proposes the existence of a human right to access clean energy in view of trends favoring greater resort to renewable energy sources within several parallel policy contexts. The existing international framework for the protection and promotion of human rights may be applied to support an entitlement to access energy for individual benefit. However, the application of human rights norms to an appropriate energy source must also be compatible with the contemporary sustainable development agenda. This includes balancing economic development, sustainably using natural resources, environmental protection and poverty alleviation. A human rights approach must also be sufficiently receptive to similarities and differences in the energy strategies of developed and developing States. It is argued that a human right to access clean energy more accurately reflects intergovernmental concerns for both human development and environmental sustainability. While such a right can be employed to satisfy basic human needs, enhance living standards, maintain good human health and alleviate poverty, it can also contribute to the efficient use of existing natural resources, the prevention of climate change and environmental protection.

scholarly journals HAK ASASI MANUSIA VERSUS PIDANA MATI

2021 ◽  
Author(s):  
Boni Suparto Wuarlela
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Death Penalty ◽  
Research Method ◽  
Secondary Data ◽  
The State ◽  
Right To Life ◽  
Human Right ◽  
Justice Process ◽  
Criminal Justice Process

Human Rights are the basic rights of every human being as God's creatures who are equal to one another. The application of the death penalty by the state through a court decision means that the state revokes the convict's right to life which is an unlimited human right. Therefore, its implementation must take into account the rights of the convict. The purpose of this paper is to find out whether the imposition of the death penalty for criminals is against human rights. What are the criteria for imposing the death penalty for perpetrators of crimes that do not conflict with human rights? The method used is a normative research method using secondary data. It can be concluded that the imposition of the death penalty is against human rights. However, in its application, it can be justified on the grounds of defending human rights and only for crimes that go beyond humanity and damage human civilization. The implementation of the criminal justice process must be transparent and fair.

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