Education as Rehabilitation for Human Rights Violations

2016 ◽  
Vol 5 (2) ◽  
pp. 241-273 ◽  
Author(s):  
Roger Duthie ◽  
Clara Ramírez-Barat
Keyword(s):  
Human Rights ◽  
Social Services ◽  
Human Rights Violations ◽  
Court Decisions ◽  
Implementation Challenges ◽  
Administrative Program ◽  
Life Education ◽  
Lost Opportunity ◽  
Do So

Reparations for human rights violations in the form of rehabilitation can include social services such as education. This can be a particularly appropriate form of reparation for victims who have experienced abuses that result in missed education as a lost opportunity. Reparations can be rehabilitative by directly responding to harms suffered by victims and their ensuing needs, thereby helping to reintegrate those victims into society and restoring to them a functional life. Education can be provided through an administrative program or policy as individual reparations, such as scholarships to victims, as collective reparations, such as the rebuilding of schools in communities hard hit by abuses, and as symbolic reparations, such as naming schools. Court decisions awarding education as a form of reparation have also contributed significantly to our understanding of education as rehabilitation. This article examines the contributions that education as rehabilitation can make to redress as well as the implementation challenges faced by initiatives that have attempted to do so.

scholarly journals Os acervos documentais produzidos pelas comissões da verdade no Brasil onde estão hoje?

2021 ◽  
Vol 16 ◽  
pp. 203-217
Author(s):  
Mônica Tenaglia ◽  
Georgete Medleg Rodrigues
Keyword(s):  
Human Rights ◽  
Information Service ◽  
Truth Commissions ◽  
Truth Commission ◽  
Human Rights Violations ◽  
Lack Of Information ◽  
Do So

This paper provides the work of identifying and locating the archives produced by twenty truth commissions created in Brazil between 2012 and 2018. To do so, it uses the final reports and virtual pages of the commissions, the electronic citizen information service (e-SIC) and state and municipal ombudsmen and contact with former truth commission members. The results show the difficulty in locating these collections due to the lack of information about Brazilian truth commissions and the lack of information about the presence of these collections in archival institutions. Furthermore, it points to a worrying scenario regarding the protection and disclosure of archival collections which hold information about human rights violations in Brazil.

Implementation of UN Treaty Body Decisions: A Brief Insight for Practitioners

2020 ◽  
Vol 12 (1) ◽  
pp. 185-192
Author(s):  
Kate Fox Principi
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Current Situation ◽  
Human Rights Violations ◽  
Human Rights Treaties ◽  
Treaty Body ◽  
Human Rights Norms ◽  
The Individual ◽  
Do So ◽  
Individual Human

Abstract The United Nations human rights treaty bodies are independent bodies of experts tasked with monitoring the implementation by states parties of human rights treaties. These bodies monitor the implementation of treaties, inter alia, by making decisions on allegations of individual human rights violations under the individual complaints procedures (these decisions are officially referred to as ‘Views’). The number of complaints to the treaty bodies has increased exponentially since the first complaint was examined by the Human Rights Committee in 1977 and is expected to continue to rise. At the same time, a backlog in cases has increased, as resources have never matched the rise in cases to be considered. In addition, decisions in which the treaty bodies find violations of human rights are not always implemented—that is, states do not necessarily grant the victim of the violation the remedy prescribed by the treaty body examining the case. This current situation is taking place against a global backdrop of increased criticism of human rights: a global pushback against human rights, including from states which have been heretofore human rights supportive. Surely, the response from supporters of human rights should be to reinforce the importance and universality of the treaties as the foundation of human rights norms. This article seeks to demonstrate one way to do so by focusing on implementation of treaty body decisions in individual cases.

Early Marriage: A Violation of Girls' Fundamental Human Rights in Africa

2011 ◽  
Vol 19 (2) ◽  
pp. 339-355 ◽  
Author(s):  
Rita Mutyaba
Keyword(s):  
Human Rights ◽  
Cultural Practices ◽  
Early Marriage ◽  
Human Rights Violations ◽  
African Countries ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
Life Education ◽  
Harmful Cultural Practices

AbstractAlthough African countries have ratified international human rights treaties that recognize girls' fundamental human rights to life, education, non-discrimination, freedom from degrading, inhumane and cruel treatment, and protection from harmful cultural practices, girls' human rights continue to be violated because of the prevalent practice of early marriages in most African countries. Whereas early marriages affect both girls and boys, girls are disproportionally affected by this practice which is rooted in culture and religion. Girls who get married before they are 18 years old are not physically, emotionally and mentally prepared for their roles as mothers and wives. African countries have an important role to play in ending early marriages to stop the human rights violations that girls experience when they get married before they are 18 years.

scholarly journals The role of african court on human and peoples’ rights protection: the case of libyan crises

2019 ◽  
Vol 6 (3) ◽  
pp. 213-222
Author(s):  
Getahun Kumie Antigegn
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Qualitative Methodology ◽  
Human Rights Violations ◽  
Court Decisions ◽  
Humanitarian Law ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
The Government

The emergence of regional human rights systems depicts one of the greatest achievements in the internationalization of human rights. The foundation of the charter paved the way for the birth of the court thereafter. The African Court is established by virtue of the 1998 protocol to the Charter and the court is built upon an arsenal of protective and remedial techniques. The establishment of the court has reset the stage and created a new platform for the protection of human rights in Africa. The cardinal objective of the paper is to investigate the role of African Court on human and Peoples’ rights protection in Libya Crises taking the case of Saif Al Islam Gaddafi. The paper has utilized qualitative methodology. The government of Libya responded with brutal force against civilian protesters in contravention of international human rights and humanitarian law. The security force of the government of Libya killed many protesters as well. This situation intensified human rights violations and enforced many of the peoples to displace. The court issued an important ruling in March 2011, ordering provisional measures against Libya in the armed conflict in its territory. Libya government denied the claims of human rights violations in its territory and showed its willingness to subject itself to criminal investigations by the Court if necessary. The issue of the fund, independence, commitment and competence of judges to interpret mandate and jurisdiction, the willingness of the states to support and to abide by court decisions, and powers of the concerned body to enforce court decisions hampered the court from being effective. Generally, African States act in good faith with respect to the decisions of the African Human Rights Court, the court becomes more import.

scholarly journals Reconciliation: The South African Truth and Reconciliation Commission’s contribution to dealing with the past, reconciling and building the nation

2006 ◽  
Vol 40 (4) ◽  
Author(s):  
S. Barry
Keyword(s):  
Human Rights ◽  
South African ◽  
Human Rights Violations ◽  
National Unity ◽  
The Rule Of Law ◽  
Truth And Reconciliation ◽  
The Past ◽  
Political Expediency ◽  
Do So ◽  
The Way

International experience has shown that addressing past human rights violations is a necessary step in the process of reconciliation and nation building. How was post-apartheid, democratic South Africa to deal with its past human rights violations? Would it go the way of retribution in order to settle the scores of the past? Would it go the way of blanket amnesty in the name of political expediency and ignore the fate of its victims?   The Promotion of National Unity and Reconciliation, Act 34 of 1995, which established the TRC envisaged that national unity and reconciliation could be promoted by determining the extent, and the fate and whereabouts of the victims, of such human rights violations; giving opportunity for story-telling; recommending reparations and measures to prevent future violations; and by providing a full report. In order to do so the Commission had the power to grant amnesty to those making such disclosures.  This article, while not uncritical of the Commission, is generally positive about its contribution both in attempting to deal with the past, and in building a democratic, human rights and restorative justice culture based on the rule of law. It examines the definitions of reconciliation that emerged during the Commission in the light of a Christian definition where reconciliation is seen to be between God, others and self, and involves integration with the human community. This integration involves taking responsibility for the past, confession and repentance, forgiving and being forgiven, making restitution where possible, ongoing transformation in the present and hope for the future.

Killing in Good Conscience: What's Wrong with Sunstein and Vermeule's Lesser Evil Argument for Capital Punishment and Other Human Rights Violations?

2007 ◽  
Vol 10 (2) ◽  
pp. 210-238 ◽  
Author(s):  
Eric Blumenson
Keyword(s):  
Human Rights ◽  
Capital Punishment ◽  
Recent Article ◽  
Human Rights Violations ◽  
Right To Life ◽  
Good Conscience ◽  
Cass Sunstein ◽  
The Right ◽  
Do So ◽  
Lesser Evil

In a recent article, Cass Sunstein and Adrian Vermeule argue that capital punishment is morally required if it will deter more killings than it inflicts. They claim that the state's duty is to minimize the incidence of murder, and that recent deterrence research shows that state executions, even if deemed murders themselves, can do so. If these findings are true, they argue, the state is morally obligated to undertake such "life-life tradeoffs." The logic of Sunstein and Vermeule's argument justifies not only state executions, but any state-perpetrated injustice that promises to reduce the incidence of similar injustices overall, as the authors acknowledge in a comment about torture. Recently such lesser evil arguments have indeed been invoked to justify state torture, detention without trial, and other human rights violations. In this essay, I identify problems that are common to all of these arguments, as illustrated by the well-developed example Sunstein and Vermeule have provided. My aim is to demonstrate that, however valid the lesser evil approach may be in some domains, it fails when invoked to defend state violations of the right to life and other fundamental human rights.

scholarly journals R2P’s “Ulterior Motive Exemption” and the Failure to Protect in Libya

2015 ◽  
Vol 3 (4) ◽  
pp. 56-67 ◽  
Author(s):  
Jeffrey Bachman
Keyword(s):  
Human Rights ◽  
International Community ◽  
Human Rights Violations ◽  
Civilian Protection ◽  
Ulterior Motive ◽  
Change In Practice ◽  
Mass Atrocity ◽  
Failure To Protect ◽  
Do So

Mass atrocity prevention has been controversial, both when members of the international community have taken action as well as when they have failed to do so. In 1999, then UN Secretary-General Kofi Annan challenged the international community to reconcile the need to respect state sovereignty with the need to protect populations from egregious human rights violations. R2P’s emergence offered an opportunity to move past the discourse and practice associated with its predecessor—“humanitarian intervention.” However, while R2P has succeeded in changing the discourse, it has failed to make a change in practice. A source of this failure is R2P’s “ulterior motive exemption.” Using the R2P intervention in Libya as a case study, this article concludes that because ulterior motives existed: (1) NATO’s primary intent of civilian protection quickly evolved into the intent to overthrow Muammar Qaddafi; (2) in exceeding its mandate, NATO committed an act of aggression; (3) NATO continued to militarily support the rebels while they<em> </em>were committing war crimes and severe human rights violations; (4) NATO’s actions resulted in civilian casualties, which NATO has refused to investigate; and (5) NATO abdicated its responsibility to protect Libyans from the human suffering that continued subsequent to Qaddafi’s execution.

The Application of Human Rights Law to Private Sector Complicity in Governmental Corruption

2011 ◽  
Vol 24 (3) ◽  
pp. 715-740 ◽  
Author(s):  
CECILY ROSE
Keyword(s):  
Human Rights ◽  
Private Sector ◽  
Multinational Corporations ◽  
Social Services ◽  
Human Rights Violations ◽  
Social Rights ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Public Revenues

AbstractThis article examines private sector complicity in governmental corruption that violates economic and social rights. Although banks and multinational corporations typically play critical roles in facilitating the diversion of public revenues away from the provision of social services, the link between the private sector, corruption, and human rights violations remains underexplored. This article therefore examines this relationship and explores the viability of a standard for assessing the complicity of the private sector in such violations of economic and social rights. Ultimately, the state-centred nature of the international human rights system limits the utility of any complicity standard for non-state actors.

scholarly journals The Proposed EU Human Rights Sanctions Regime

2020 ◽  
Vol 30 (1-4) ◽  
pp. 56-71
Author(s):  
Nienke van der Have
Keyword(s):  
United States ◽  
European Union ◽  
Human Rights ◽  
International Law ◽  
The United States ◽  
Human Rights Violations ◽  
Potential Effectiveness ◽  
The Eu ◽  
Do So ◽  
Individual Human

The initiative for a European Union (EU) human rights sanctions regime that targets individual human rights offenders builds upon an interesting trend set by the United States’ Magnitsky Act. It has the potential to contribute to the development of international law and allow states and the EU to take on a more progressive attitude in relation to gross human rights violations committed worldwide. As an EU-wide initiative, it also has the opportunity to break with the muddled past and set a positive example. To do so, there are several important factors to consider related to the conceptual aim of the regime, its demarcation and potential effectiveness in practice.

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