The Making of Human Rights Policy in Argentina: the Impact of Ideas and Interests on a Legal Conflict

1986 ◽  
Vol 18 (1) ◽  
pp. 135-180 ◽  
Author(s):  
Mark Osiel

The walls of downtown Buenos Aires displayed a new and haunting image in the weeks before the inauguration of President Raúl Alfonsín in December, 1983: black, outlined silhouettes of human beings, each accompanied by a name. The ghost-like figures represented those who had ‘disappeared’ in the military's proclaimed ‘war against subversion’. They testified silently but eloquently to the memory of the victims of that experience in the thoughts of many Argentines, and foreshadowed what was to become one of the most vexing political problems for the new civilian government. Among the many difficulties bequeathed to President Alfonsín by the military juntas who ruled Argentina for the eight preceding years, first among these in ethical exigency was the question of what to do concerning los desaparecidos.

Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock

This chapter considers the law relating to strikes and other industrial action including the important changes made by the Trade Union Act 2016. It deals with the historical development of common law and statute in this field to illuminate the current law. The relevance of the European Convention on Human Rights is considered. The tortious and criminal liabilities flowing from industrial action are considered and the crucial immunity for tortious liability provided by the ‘golden formula’ including the exceptions to this immunity and the preconditions of complying with rules on balloting and notice of industrial action. Picketing is considered in relation to the many legal liabilities and the statutory immunity for some peaceful picketing. The granting of injunctions to stop industrial action is examined. The impact of industrial action on individual employees is considered in relation to their contractual rights and liabilities and the law of unfair dismissal.


Urban History ◽  
2015 ◽  
Vol 42 (4) ◽  
pp. 646-662
Author(s):  
JENNIFER T. HOYT

ABSTRACT:The last military dictatorship to come to power in Argentina is most well known for its atrocious human rights violations. However, this campaign of terror represents just one act carried out in the regime's efforts to counter leftist activities. The military sought to provide responsive administration as a means to pacify the nation. In the national capital, Buenos Aires, the military pursued a comprehensive set of urban reforms meant to streamline and control the metropolis. Cold War ideologies deeply penetrated the every-day and profoundly changed how citizens lived in Buenos Aires.


2018 ◽  
Vol 1 (38) ◽  
Author(s):  
Alexandre Garcia Araújo ◽  
José Alves Dias

Ditadura e Democracia: o impacto da conciliação sobre as memórias e a constituição da Justiça de Transição no Brasil Dictatorship and Democracy: the impact of conciliation on the memories and constitution of Transitional Justice in BrazilAlexandre Garcia Araújo* José Alves Dias**  REFERÊNCIA ARAÚJO, Alexandre Garcia; DIAS, José Alves. Ditadura e Democracia: o impacto da conciliação sobre as memórias e a constituição da Justiça de Transição no Brasil. Revista da Faculdade de Direito da UFRGS, Porto Alegre, n. 38, p. 121-139, ago. 2018. RESUMOABSTRACTO propósito do artigo é demonstrar como o mecanismo da conciliação foi utilizado para superar a ditadura e retornar à democracia, impactando as memórias construídas sobre o período autoritário, e limitando a conformação de uma Justiça de Transição no Brasil. Os debates em torno do tema se acentuaram, sobremaneira, com a formação da Comissão Especial de Mortos e Desaparecidos Políticos, em 1995, a proposição de revisão da Lei de Anistia, em 2010, e a instituição da Comissão Nacional da Verdade (CNV), em 2011. Neste processo, as vítimas e familiares dos atingidos, e os governos de Fernando Henrique Cardoso, Luiz Inácio Lula da Silva e Dilma Rousseff intentaram, em graus e modos diferentes, promover a investigação e responsabilização pela violação de direitos humanos durante a ditadura militar. No contraponto, permaneceram os participantes do Clube Militar que obliteravam quaisquer iniciativas nesse sentido. Diante da correlação de forças, as memórias registradas, inicialmente contrapostas, foram cedendo lugar a um enquadramento gradativo ao ponto de se tornarem difusas no processo de definição da Justiça de Transição. The purpose of the article is to demonstrate how the conciliation mechanism was used to overcome the dictatorship and to return to democracy, impacting the memories built on the authoritarian period, and limiting the conformation of a Transitional Justice in Brazil. The debates on this theme were especially marked by the formation of the Special Committee on Political Deaths and Disappearances in 1995, the proposal to revise the Amnesty Law in 2010 and the establishment of the National Truth Commission (CNV), in 2011. In this process, the victims and relatives of those affected, and the governments of Fernando Henrique Cardoso, Luiz Inácio Lula da Silva and Dilma Rousseff, tried in different degrees and in different ways to promote investigation and accountability for human rights violations during the dictatorship military. In counterpoint, the active and reserve military (through the Military Clubs) remained that obliterated any initiatives in this direction. Faced with the correlation of forces, the recorded memories, initially counterposed, gradually gave way to a gradual framework to the point of becoming diffuse in the process of defining the Transitional Justice. PALAVRAS-CHAVEKEYWORDSDitadura. Democracia. Memória. Justiça de Transição.Dictatorship. Democracy. Memory. Transitional Justice.* Professor Substituto da Universidade do Estado da Bahia - UNEB: Campus XX, Brumado-BA. Mestre em Memória, Linguagem e Sociedade pela Universidade Estadual do Sudoeste da Bahia. Advogado.** Professor Titular no Departamento de História e professor permanente do Programa de Pós-Graduação em Memória: Linguagem e Sociedade (PPGMLS), da Universidade Estadual do Sudoeste da Bahia.


Author(s):  
Jan Babnik

The article investigates the relationship between social control and camouflage in contemporary conditions of new visibility from the perspective of digitalisation of photographic image and its increased integration into military and surveillance technologies. The author investigates the play of visibility and invisibility, of hiding and exposing, implied in traditional understanding of camouflage under the changed conditions of referentiality and visibility through a number of examples, ranging from surveillance projects aimed at preventing human rights violations to the military use of drones and artistic projects that either critique the new means of social control, or offer strategies of resistance to individuals.


Author(s):  
Başak Çalı

This chapter analyzes the origins and the development of human rights organizations in Turkey since 1945. It first offers an overview of the limited number of elite organizations established between 1946 and 1974 and the initial skepticism toward human rights activism in the country in the 1960s and 1970s among grass-roots political movements. It then discusses the importance of two major events, the military coup in 1980 and the start of the armed conflict between the Turkish security forces and the PKK in 1984, for the development of human rights–based activism in the 1980s. The chapter then turns to the 1990s, characterized by the proliferation of human rights organizations and diversification of focus areas, ranging from LGBT rights to the rights of women to manifest their religion by wearing headscarves. It links these dynamics to the global rise of human rights activism in the 1990s and the subsequent appropriation of the human rights lexicon by a wide range of domestic social movements. The chapter moves forward with a discussion of the further proliferation of human rights organizations well into the 2000s as Turkey’s EU membership process boosted democratization and pluralism. The chapter ends with an assessment of the impact of the Adalet ve Kalkınma Partisi’s authoritarian turn on the transformative power and horizons of human rights organizations in the 2010s.


2019 ◽  
Vol 10 (1) ◽  
pp. 62-85 ◽  
Author(s):  
Louis J. Kotzé

Despite important victories, human rights have been unable to respond effectively to the many deeply intertwined socio-ecological injustices in the Anthropocene. In particular, human rights have failed to practically address, in a meaningful way, the plights of billions of oppressed human beings (and failed to address the vulnerability of non-human beings), while conceptually human rights are proving to be ill-suited for the epistemic demands of the Anthropocene. As a trope, the Anthropocene presents an opportunity to re-interrogate the role of human rights as key mechanisms in the state's regulatory mix to address socio-ecological injustices arising within the context of a vulnerable Earth system. This article reflects upon whether a re-interrogation could be accomplished by utilizing vulnerability theory, which is an alternative approach to ethical evaluation. As a heuristic, vulnerability has the potential to inform an ontological change of stance away from a human-centred, neoliberal, and impregnably Western understanding of human rights, towards an altogether more porous and contingent understanding of the vulnerability of the entire living order as a starting point from which to critique the epistemological closures and regulatory challenges confronting the human rights paradigm in the Anthropocene.


2016 ◽  
Vol 12 (8) ◽  
pp. 73 ◽  
Author(s):  
Irena Shala ◽  
Kilda Gusha

The present article analyzes the debate on issue of euthanasia (voluntary assisted suicide) and the relevance of international human rights norms to that debate. Euthanasia is one of the most complex issues facing human rights, especially given its ethical, legal, medical and religious dimensions. These include: modern medical technology and the availability of medical measures to prolong life; In historical terms inherit challenging laws by refusing euthanasia; The phenomenon of growing older population and the large the number of people affected by AIDS; And fall the impact of religious organizations that consider life to be sacred: terminating a life, for whatever reason, not only infringes religious beliefs but may transgress divine activities beyond the reach of human beings. Justice system is an essential player in the debate. Although euthanasia is generally unlawful, there is an increasing movement towards legalization, particularly in western jurisdictions. Serious political and legal actions taken by euthanasia advocates and their lawyers have brought assisted suicide to the brink of legal assistance. In fact, legislation allowing voluntary euthanasia has been passed in a small number of jurisdictions, and domestic courts in other countries are being repeatedly asked to consider whether the interests at stake with regard to the right to die should be recognized. Die due to euthanasia in Albania is a criminal offense which is considered a violation of the right to live and punished according to the Criminal Code. But in the Code of Ethics and Deontology of the Order of Physicians, there is a provision, which allows the application of a form of interference, which can be interpreted in as passive euthanasia. And this decision remains entirely to the discretion of the physician.


Author(s):  
Cristina Teleki

Abstract Detention operations have been a salient feature of the military conflict in Eastern Ukraine. Often referred to as exchanges or swaps of detainees, the operations leading to the simultaneous release and transfer of detainees (srtd) offer fertile terrain for inquiring about the applicability of international humanitarian law (ihl) and international human rights law (ihrl). This article attempts to fill a gap in the literature on detention operations outside the war on terror framework. It offers a chronological review of the detention operations that have taken place in Ukraine since the beginning of the military conflict. This paper then follows a classical two-step analysis first of ihl, ihrl and domestic law provisions applicable to srtds and, second, of the impact of these provisions on the human rights protection of the persons involved. The preliminary conclusions of this analysis indicate that, despite the praise of the international community for the srtds in Ukraine, human rights violations have resulted from srtds. More specifically, the legal framework under which srtds take place appears to be a ‘cocktail’ of ihl and ihrl provisions. Certainly, srtds have attracted international media coverage and support for Ukraine. At the same time, however, the ‘hidden cost’ of these operations begins to be understood as well because the legal status of many participants in the srtds appears to worsen, access to justice appears to be hampered and the independence of justice appears to be threatened as a result of these operations.


Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock

This chapter considers the law relating to strikes and other industrial action. It deals with the historical development of common law and statute in this field to illuminate the current law. The tortious and criminal liabilities flowing from industrial action are considered and the crucial immunity for tortious liability provided by the ‘golden formula’ including the exceptions to this immunity and the preconditions of complying with rules on balloting and notice of industrial action. Picketing is considered in relation to the many legal liabilities and the statutory immunity for some peaceful picketing. The granting of injunctions to stop industrial action is examined. The impact focuses on the effect of industrial action on the individuals employees is considered in relation to their contractual rights and liabilities and the law of unfair dismissal. The relevance of the European Convention on Human Rights is considered as are the changes which will be brought in by the Trade Union Act 2016.


2019 ◽  
pp. 720-812
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock

This chapter considers the law relating to strikes and other industrial action including the important changes made by the Trade Union Act 2016. It deals with the historical development of common law and statute in this field to illuminate the current law. The relevance of the European Convention on Human Rights is considered. The tortious and criminal liabilities flowing from industrial action are considered, as well as the crucial immunity for tortious liability provided by the ‘golden formula’, including the exceptions to this immunity and the preconditions of complying with rules on balloting and notice of industrial action. Picketing is considered in relation to the many legal liabilities and the statutory immunity for some peaceful picketing. The granting of injunctions to stop industrial action is examined. The impact of industrial action on individual employees is considered in relation to their contractual rights and liabilities and the law of unfair dismissal.


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