scholarly journals Criminalization and International Human Rights

2018 ◽  
Vol 112 ◽  
pp. 83-84
Author(s):  
Alice M. Miller

Human rights advocacy today engages with criminal law at international and national levels with a new and rather conflicted posture. It is reorienting from an approach that primarily treated human rights as a shield from (unjust) prosecutorial and carceral power, and toward one calling for criminal penalties and vigorous prosecutions as a remedy for harms. The human rights abuses for which state prosecution is invoked today include not only past and present state violations, such as torture, but crimes by non-state actors, such as sexual and gender-based violence. At the same time, paradoxically, many rights groups are calling for the review and reduction of criminal regulation of a range of sexual and reproductive health practices, including abortion, consensual sexual conduct outside of marriage (same sex, heterosexual, and sex for money), and HIV transmission.

2020 ◽  
Vol 16 (4) ◽  
pp. 389-414
Author(s):  
Helen Jane Liebling ◽  
Hazel Rose Barrett ◽  
Lillian Artz

Purpose This British Academy/Leverhulme-funded research (Grant number: SG170394) investigated the experiences and impact of sexual and gender-based violence (SGBV) and torture on South Sudanese refugees’ health and rights and the responses of health and justice services in Northern Uganda. Design/methodology/approach It involved thematic analysis of the narratives of 20 men and 41 women refugees’ survivors of SGBV and torture; this included their experiences in South Sudan, their journeys to Uganda and experiences in refugee settlements. In total, 37 key stakeholders including health and justice providers, police, non-government and government organisations were also interviewed regarding their experiences of providing services to refugees. Findings All refugees had survived human rights abuses carried out in South Sudan, on route to Uganda and within Uganda. Incidents of violence, SGBV, torture and other human rights abuses declined significantly for men in Uganda, but women reported SGBV incidents. The research demonstrates linkages between the physical, psychological, social/cultural and justice/human rights impact on women and men refugees, which amplified the impact of their experiences. There was limited screening, physical and psychological health and support services; including livelihoods and education. Refugees remained concerned about violence and SGBV in the refugee settlements. While they all knew of the reporting system for such incidents, they questioned the effectiveness of the process. For this reason, women opted for family reconciliation rather than reporting domestic violence or SGBV to the authorities. Men found it hard to report incidences due to high levels of stigma and shame. Research limitations/implications Refugees largely fled South Sudan to escape human rights abuses including, persecution, SGBV and torture. Their experiences resulted in physical, psychological, social-cultural and justice effects that received limited responses by health and justice services. An integrated approach to meeting refugees’ needs is required. Practical implications The authors make recommendations for integrated gender sensitive service provision for refugees including more systematic screening, assessment and treatment of SGBV and torture physical and emotional injuries combined with implementation of livelihoods and social enterprises. Social implications The research demonstrates that stigma and shame, particularly for male refugee survivors of SGBV and torture, impacts on ability to report these incidents and seek treatment. Increasing gender sensitivity of services to these issues, alongside provision of medical treatment for injuries, alongside improved informal justice processes, may assist to counteract shame and increase disclosure. Originality/value There is currently a lack of empirical investigation of this subject area, therefore this research makes a contribution to the subject of understanding refugees’ experiences of SGBV and torture, as well as their perceptions of service provision and response. This subject is strategically important due to the pressing need to develop integrated, gendered and culturally sensitive services that listen to the voices and draw on the expertise of refugees themselves while using their skills to inform improvements in service responses and policy.


2017 ◽  
Vol 6 (2) ◽  
pp. 263-278
Author(s):  
Ronagh J.A. McQuigg

On 14 July 2017, the un Committee on the Elimination of Discrimination against Women (cedaw Committee) adopted its General Recommendation No. 35 on gender-based violence against women. The purpose of this General Recommendation was to update the Committee’s General Recommendation No. 19 on violence against women, which had been adopted 25 years previously. This article examines General Recommendation No. 35 and analyses the extent to which this General Recommendation may contribute to addressing the issue of gender-based violence against women. However, although General Recommendation No. 35 is undoubtedly a positive development in the response of international human rights law to this issue, it is argued that further measures are necessary, in the form of a un treaty on violence against women.


2008 ◽  
Vol 10 (2) ◽  
pp. 143-169 ◽  
Author(s):  
Jill Marshall

AbstractInternational human rights protection traditionally protects individuals from human rights violations committed by their own states. This has been criticised by many, and feminists in particular, as failing those who are violated in the 'private sphere', by actions perpetrated by non-state actors not the state itself. Yet protection from the actions of non-state actors is now increasingly falling within the ambit of international human rights law through positive obligations on states, particularly seen in the concept of due diligence. Developments in this area are analysed in this article with focus on recent decisions of international human rights judicial institutions on cases concerning gender-based violence to show how gender-based violations committed by non-state actors are increasingly being included and interpreted as human rights violations. Whilst not without problems, it is argued that the creativity and potential for protecting all persons from human rights violations is shown, particularly through developments towards a right to personal autonomy, identity and integrity.


Author(s):  
Björnstjern Baade

This chapter shows that a state’s duty to protect human rights is an obligation that requires due diligence. As a standard of conduct under international human rights law, due diligence demands balancing a foreseeable risk to a protected interest against countervailing interests. The chapter reviews the practice of human rights courts and treaty bodies, concerning gender-based violence, business activities, official misconduct, and natural hazards. It reveals the way that due diligence requirements are operationalised in practice. The chapter argues that, despite occasional arguments to the contrary, due diligence does not dilute established standards of international human rights law but complements them. It serves to effectively mitigate risks to human rights no matter the risks’ source, in a manner that is also able to address systemic problems.


2012 ◽  
Vol 55 (2) ◽  
pp. 119-146 ◽  
Author(s):  
Sharon Abramowitz ◽  
Mary H. Moran

Abstract:In this article we draw on three years of ethnographic observation of postconflict humanitarian intervention in Liberia to consider the process whereby global efforts in the areas of gender-based violence (GBV) and human rights are interacting with local debates over kinship, entitlement, personal rights, and social responsibility. This article draws upon Liberian narratives, complaints, and efforts to regulate, in a national context, social norms and behavior in regard to gender-based violence issues in postconflict life while also engaging with an ongoing international human rights discourse on the subject of GBV. Our ethnography takes a multiscalar approach to give a sense of the process, multiple discourses, and dialectics of power involved in this issue, and to demonstrate how the definition of “the GBV problem” in Liberia, the target of complex GBV interventions, is different from the conception held by agencies, governmental ministries, and nongovernmental organizations (NGOs) that are responsible for implementing global mandates.


1970 ◽  
pp. 48-58
Author(s):  
Fahima Rzaij

Nowadays, women’s role in society is getting more and more recognized, due to an increasing concern with women’s issues that has taken a new dimension, involving government institutions and legislative bodies. Therefore, women’s rights can no longer be considered matters of mere national concern since they have acquired far reaching transnational implications compelling governments to take ineluctable decisions as part of their commitment to the international human rights conventions and treaties.


2021 ◽  
pp. 113-139
Author(s):  
Bruce W. Johnston

Bruce W. Johnston reviews the current state of play in Canada regarding the imposition of civil liability on multinationals for human rights abuses occurring overseas. He explains the bijural nature of the legal system and the consequential developments of civil law in Quebec and common law elsewhere. He outlines, by reference to case law, the relevant law on jurisdiction, including in class actions, and application of forum non conveniens, forum necessitatis, and choice of law, under common and civil law. Regarding causes of action, he considers the corporate veil hurdle and important judgments on direct liability of the parent company, in Choc v. Hudbay Minerals and most strikingly, the direct application of customary international human rights law by the Supreme Court in Nevsun. Equally important in terms of practical access to justice, the chapter outlines the rules on procedures relating to opt-out class actions, legal costs, including litigation funding.


Author(s):  
Aryeh Neier

This chapter focuses on the major goal of the international human rights movement has been in securing accountability for grave abuses. It talks about “truth commissions” in Latin America, sub-Saharan Africa, several countries of Asia, Morocco, and Canada, which deals with abuses against the country's indigenous population. It also highlights the establishment of several international criminal tribunals in order to prosecute and punish those accused of war crimes, crimes against humanity, and genocide. The chapter explores accountability, which has become a central concern of the international human rights movement for the recognition or official acknowledgment of the suffering of victims of human rights abuses. It also analyzes the purpose of deniability, which made it possible for military regimes in that commit abuses to maintain a facadeof legality.


Author(s):  
Zafeiris Tsiftzis

A lot of attention has been paid by the international community to the responsibility of Private Military and Security Companies (PMSCs) and to the prevention of human rights abuses committed their employees. The non-binding nature of the existing international initiatives with respect to PMSCs requests the human rights law to play a crucial role to the regulation of PMSCs and their employees during operations. This article examines the States' procedural obligation under international human rights law with regard to allegations of the right to life and the prohibition of torture. Moreover, it assesses the application of the jurisprudence of human rights bodies over the activities of PMSCs, whilst it focuses on the obligations of States to prevent and investigate human rights allegations committed by PMSCs' employees. Above all, this article advocates that human rights law has a significant role in the regulation of PMSCs and the prevention of the commission of human rights violations by PMSCs and their employees.


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