Psychology in the service of human rights: Case studies

2014 ◽  
Author(s):  
Theresa Harris
Keyword(s):  
Human Rights ◽  
Case Studies

Human Rights as Land Rights in the Pacific

1993 ◽  
Vol 6 (1) ◽  
pp. 61-80 ◽  
Author(s):  
John D'Arcy May
Keyword(s):  
Human Rights ◽  
Case Studies ◽  
Papua New Guinea ◽  
Land Rights ◽  
Human Community ◽  
The Earth ◽  
The Pacific ◽  
West Papua ◽  
The Matrix ◽  
The One

Do human rights in their conventional, Western understanding really meet the needs of Pacific peoples? This article argues that land rights are a better clue to those needs. In Aboriginal Australia, Fiji, West Papua and Papua New Guinea, case studies show that people's relationship to land is religious and implicitly theological. The article therefore suggests that rights to land need to be supplemented by rights of the land extending to the earth as the home of the one human community and nature as the matrix of all life.

scholarly journals The Relationship between Human Rights and Disaster Risk Reduction Revisited: Bringing the Legal Perspective into the Discussion

2015 ◽  
Vol 6 (1) ◽  
pp. 64-86 ◽  
Author(s):  
Karen da Costa ◽  
Paulina Pospieszna
Keyword(s):  
Human Rights ◽  
Risk Reduction ◽  
Case Studies ◽  
Disaster Risk Reduction ◽  
Disaster Risk ◽  
Community Empowerment ◽  
International Human Rights ◽  
Legal Provisions ◽  
International Human ◽  
Human Rights Based Approach

This paper explores the link between human rights and disaster risk reduction. We revisit the notion of a human rights-based approach in the context of natural disasters, analyzing how this concept may contribute to greater accountability and empowerment of those involved in disaster risk reduction. To better understand the processes of empowering rights holders and holding duty bearers into account we adopt legal analytical lenses. By doing so we review four country case studies and their main regulations on disaster risk reduction, taking into account the extent to which they adopt a human rights-based approach. We argue that countries whose legal frameworks allow for community engagement point towards greater community empowerment. Similarly, countries whose legal provisions make possible for holding States accountable for their underperformance in disaster situations suggest greater levels of accountability. We also consider key international human rights instruments binding the four case studies in order to analyze whether and to what extent international human rights obligations may support advocacy and accountability in disaster risk reduction. Based on the analysis of these case studies we consider that empowerment and accountability processes in drr can reinforce each other, and that human rights may contribute to progress in these areas.

Bringing Peace, But Violating Human Rights

2020 ◽  
pp. 121-150
Author(s):  
Gisela Hirschmann
Keyword(s):  
Human Rights ◽  
Case Studies ◽  
Secretary General ◽  
Competitive Environment ◽  
Advisory Panel ◽  
Regional Organizations ◽  
Military Operation ◽  
External Accountability ◽  
The Difference

This chapter contains two case studies analyzing the evolution of pluralist accountability in response to the violation of the rights of detainees held in Kosovo by the Special Representative of the UN Secretary-General and the NATO-led military operation KFOR. The analysis reveals that while pluralist accountability evolved in the case of detentions by the UN Mission in Kosovo (UNMIK), it failed with regard to KFOR detentions. The competitive environment stimulated regional organizations to sharpen their profiles as external accountability holders, in both cases by establishing an Ombudsperson Institution and a Human Rights Advisory Panel. However, the difference in UNMIK’s and KFOR’s vulnerability with regard to human rights demands explains why pluralist accountability evolved only in the case of UNMIK.

Reasons for EU double standards: comparative overview of the cases of the Erased and the Non-citizens

2015 ◽  
Vol 43 (2) ◽  
pp. 302-318 ◽  
Author(s):  
Sanja Vrbek
Keyword(s):  
Human Rights ◽  
Comparative Analysis ◽  
Case Studies ◽  
Legal Framework ◽  
Violent Conflict ◽  
Local Context ◽  
Human Rights Violations ◽  
Double Standards ◽  
Legal Provision ◽  
The Eu

On the basis of a comparative analysis of the case studies of the Slovenian Erased and the Latvian Non-citizens, the paper endeavors to identify the reasons for the EU involvement in the latter, but not the former case. These two situations are recognized as similar enough to be compared, and endure the counter-argumentation that the different EU approach is conditioned by the specifics of the local context, not by double standards. Hence, the paper comes to a conclusion that the involvement in Latvia has been conditioned by the fear of the potentially violent conflict, the existence of a proactive kin state, and a minority, significant in number, as well as the explicitly discriminatory legal framework that was in collision with the EU economic acquis. Thus, it has been inferred that double standards occur due to the lack of EU and international interest in these situations of human rights violations, where the powerful kin state and the minority, significant in number, are absent, do not have a potential to develop into a violent conflict, do not derive from explicitly discriminatory legal provision, and do not challenge the fundamental market freedoms of the EU.

scholarly journals Human rights and the clean development mechanism: lessons learned from three case studies

2017 ◽  
Vol 8 (1) ◽  
pp. 51-71 ◽  
Author(s):  
Wolfgang Obergassel ◽  
Lauri Peterson ◽  
Florian Mersmann ◽  
Jeanette Schade ◽  
Jane Alice Hofbauer ◽  
...  
Keyword(s):  
Human Rights ◽  
Case Studies ◽  
Clean Development Mechanism ◽  
Lessons Learned ◽  
Development Mechanism

Emergent Flexibility in Institutional Development: How International Rules Really Change

2020 ◽  
Vol 64 (4) ◽  
pp. 821-833
Author(s):  
Zoltán I Búzás ◽  
Erin R Graham
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Political Science ◽  
Case Studies ◽  
Rational Design ◽  
International Institutions ◽  
Institutional Development ◽  
Historical Institutionalism ◽  
European Convention ◽  
Formal Design

Abstract How do formal international institutions change and adjust to new circumstances? The conventional wisdom in international relations, outlined by rational design, is that the answer lies in designed flexibility, which allows states to adjust agreements. Drawing on rich but disparate literatures across subfields of political science—especially constructivism and historical institutionalism—we propose an alternative, which we call “emergent flexibility.” Emergent flexibility is a property of international institutions that is not intentionally crafted by rule-makers when a rule is formally established, but is subsequently discovered, activated, and accessed by creative rule-users in ways unintended by designers. Rich case studies trace how rule-users have accessed emergent flexibility through the legal interpretive strategy of subsequent practice to change rigid rules of the UN Charter and the European Convention on Human Rights. A key implication of emergent flexibility is that, contrary to rational design expectations, international institutions designed to be rigid can adjust to unforeseen circumstances even in the absence of formal redesign, allowing cooperation to continue. The broadening of flexibility from designed to emergent reveals the politics of flexibility between formal design moments, provides a more nuanced notion of intentionality, and equips us to better address fundamental positive and normative questions of institutional development.

scholarly journals Data Protection Impact Assessments as rule of law governance mechanisms

Data & Policy ◽  
2020 ◽  
Vol 2 ◽  
Author(s):  
Swee Leng Harris
Keyword(s):  
Human Rights ◽  
Comparative Analysis ◽  
Data Processing ◽  
Case Studies ◽  
Rule Of Law ◽  
Data Protection ◽  
Environmental Law ◽  
Administrative Law ◽  
Automated Data Processing ◽  
Just Society

Abstract Rule of law principles are essential for a fair and just society and apply to government activities regardless of whether those activities are undertaken by a human or automated data processing. This article explores how Data Protection Impact Assessments (DPIAs) could provide a mechanism for improved rule of law governance of data processing systems developed and used by government for public purposes in civil and administrative areas. Applying rule of law principles to two case studies provides a sketch of the issues and concerns that this article’s proposals for DPIAs seek to address. The article undertakes comparative analysis to find relevant principles and concepts for governance of data processing systems, looking at human rights impact assessments, administrative law, and process rights in environmental law. Drawing on this comparative analysis to identify specific recommendations for DPIAs, the article offers guidance on how DPIAs could be used to strengthen the governance of data processing by government in rule of law terms.

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