Escazu offers framework for progress in Latin America

Significance The ‘Escazu Agreement’, as it is also known, could become a fundamental tool in promoting human rights and environmental protections regionwide. Full and effective implementation nevertheless looks likely to pose challenges, raising doubts as to whether the agreement’s goals will be achieved. Impacts Progress in environmental protection will depend on more countries joining the current twelve in fully committing to the agreement. A lack of political will and pressure from economic groups will see governments drag their feet on signing and ratifying the agreement. Honduras’s absence and the failure of Brazil, Colombia and Guatemala to ratify will undermine efforts to protect environmental defenders.

Significance Because of their backgrounds, US President Donald Trump’s choice of two highly divisive figures, Mike Pompeo and Gina Haspel, to become secretary of state and CIA director respectively has spurred discussions on the use of controversial “enhanced interrogation techniques” and secret prisons like Guantanamo Bay for questioning detainees overseas. Such considerations evoke memories of Operation Condor, the South America-wide covert operation set up in the 1970s using a borderless network of clandestine detention centres and rendition flights. Impacts Lack of political will continue to hamper efforts to confront past human rights violations in Latin America. Victims’ relatives and civil society activists will remain the main driving force behind justice demands. The UN and inter-American human rights systems support accountability efforts, but progress will depend on local political dynamics. A mixed picture on accountability is likely to endure, with some countries continuing to progress and others lagging behind.


2018 ◽  
Vol 56 (3) ◽  
pp. 591-609 ◽  
Author(s):  
Vüsal Hasanzade ◽  
Victoria-Sophie Osburg ◽  
Waldemar Toporowski

Purpose Despite the existence of various approaches for promoting ethical consumption, it remains a challenge to determine which ethical product features are actually decision relevant for consumers. Based on the assumption that values influence behavior across a range of situations, the purpose of this paper is to explore consumers preferences for product information items that address underlying motivators (i.e. concerns about the environment, animal welfare, other humans, price). Information preferences are also determined for different consumer segments separately, enabling one to target consumer groups with specific decision-relevant information. Design/methodology/approach A German online survey was conducted with mainly young consumers. The survey used a choice-based conjoint analysis (CBCA) with the relevant product information items chosen based on an analysis of the attributes of dairy products and the guidelines for eco- and fair trade labels. The identified items were assigned to the ethical criteria of animal welfare, environmental protection, and labor and human rights. These criteria, along with price and country of origin, represent the attributes of the CBCA. Findings The results indicate that information about animal welfare increases consumer choice the most, followed by information about labor and human rights, and environmental protection. Three identified segments differ with respect to their decision-relevant product information: ethically motivated consumers (53.8 percent), price oriented consumers (12 percent), and price-quality oriented consumers (34.2 percent). Originality/value This study contributes to a better understanding of how ethical product information can most effectively be communicated to consumers, particularly for dairy products. The results highlight the need to carefully select ethical product information based on the target consumer segment in order to promote ethical consumption.


Subject LGBTI rights in Latin America. Significance On January 9, the Inter-American Court of Human Rights issued a landmark ruling, requiring that states party to the American Convention on Human Rights must recognise same-sex marriage. The ruling also recognised the right of transgender people to change their names on legal documentation. The region has seen significant progress on LGBTI rights over recent years, but the ruling will face strong pushback from some states and religious groups. Impacts Opposition in some countries will be driven by factors including a heavily ‘machista’ culture, and moral hostility from religious groups. Legislation alone will not reduce the risks of violence and discrimination faced by LGBTI communities. The difficulty of imposing uniform LGBTI rights across regions will be replicated elsewhere.


2021 ◽  
Vol 193 ◽  
pp. 182-316

182Environment — State obligations in relation to environmental protection — American Convention on Human Rights, 1969 — Scope of the word “jurisdiction” under Article 1(1) of American Convention for purposes of determining State responsibility — Convention for the Protection and Development of the Marine Environment in the Wider Caribbean Region, 1983 — State obligations under special environmental protection treaty regimes — Whether special environmental protection treaty regimes establishing extraterritorial jurisdiction for purposes of States Parties’ obligations under American ConventionHuman rights — Human rights and the environment — Articles 4(1) and 5(1) of American Convention on Human Rights, 1969 — Right to life — Right to personal integrity — State environmental protection obligations for protection of rights to life and personal integrity — Obligation of prevention — Precautionary principle — Obligation of cooperation — Procedural obligations — Access to information — Public participation — Access to justiceHuman rights — Article 26 of American Convention on Human Rights, 1969 — State obligation of progressive realization of rights implicit in economic, social, educational, scientific and cultural standards in Charter of the Organization of American States, 1948 — Whether rights under Article 26 justiciable — Right to a healthy environment — Whether right to a healthy environment encompassed by Article 26 — Whether right to a healthy environment an autonomous rightInternational tribunals — Jurisdiction — Advisory jurisdiction — Extent of jurisdiction — Whether advisory jurisdiction restricted by related petitions before Inter-American Commission on Human Rights — Whether advisory jurisdiction restricted by related contentious cases before International Court of Justice — Question posed — Whether Court empowered to reformulate question — Admissibility — Whether Request meeting formal and substantive requirementsState responsibility — Wrongful acts — Wrongful acts resulting in environmental damage and human rights violations — State responsibility for wrongful acts of third parties within jurisdiction


2019 ◽  
Vol 11 (4) ◽  
pp. 252-262 ◽  
Author(s):  
Yasmin Khodary ◽  
Nehal Hamdy

Purpose This study aims to detect the main factors impeding the anti-female genital mutilation (FGM) efforts in Egypt post the January 25 revolution, with a special focus on the era of president El-Sisi. The purpose of this paper is to explain the reasons behind the continuation of violence against women in Egypt, namely, FGM, in light of the patriarchal structures and the state willingness to address that challenge. Design/methodology/approach The study utilizes a qualitative methodology. The study embarks on in-depth semi-structured interviews with 23 participants who experienced FGM and nine key informants from medical, religious, political and civil society backgrounds, including a professor of pathology, a gynecologist, a diplomatic researcher in Al-Azhar, three members of parliament, a representative of the Ministry of Population, the reporter of the National Council for Women and a representative of Nazra non-governmental organization for feminist studies in Egypt. Findings The findings reveal that FGM remains prevalent not only due to the persisting socio-cultural context that continues to embrace and reproduces gender inequalities, but also because of the insufficient political will to combat FGM and enforce the required laws. Social implications FGM is considered one form of gender inequality perpetuated by social, cultural and economic structures. It is recognized internationally as a crime and a violation against women’s rights as per the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, etc. Although the Egyptian Government passed laws banning the practice of FGM, it continues to form a challenging problem to social workers, women activists, human rights groups and public health officials. Originality/value Little work has been done to investigate FGM post the January 25 revolution in Egypt and identify the main factors impeding the anti-FGM efforts in Egypt. This work fills this gap and concludes with some lessons learnt to fight FGM and improve the anti-FGM efforts.


2020 ◽  
Vol 28 (Supplement) ◽  
pp. 86-109
Author(s):  
Kehinde Ibrahim

The judgments of the ECOWAS Court, which are final and immediately binding, are vital for the realisation of ECOWAS aims and objectives. The enforcement of its judgments is particularly important in the case of individuals whose enjoyment of fundamental human rights, as guaranteed under the ECOWAS Community laws, is dependent on effective enforcement. Yet, an existential puzzling paradox emanates through a poor record in the implementation of the ECOWAS Court's judgments. This problem, which is not limited to the West African region deserves scrutiny and concrete proposals. Legal and political considerations surface in assessing the existence of this paradox, and despite the lack of a consistent political will, to implement the decisions of ECOWAS Court relevant judicial actors have roles to play. National courts could take a bolder approach in complementing the work of the ECOWAS Court. The ECOWAS Court itself could put in place concrete mechanisms and adopt certain practices to address this poor record of non-implementation. It is yet to be seen how substantive mechanisms would work in practice.


Author(s):  
Madeline Baer

Chapter 5 provides a case study of the human rights-based approach to water policy through an analysis of the Bolivian government’s attempts to implement the human right to water and sanitation. It explores these efforts at the local and national level, through changes to investments, institutions, and policies. The analysis reveals that while Bolivia meets the minimum standard for the human right to water and sanitation in some urban areas, access to quality water is low in poor and marginalized communities. While the Bolivian government expresses a strong political will for a human rights approach and is increasing state capacity to fulfill rights, the broader criteria for the right to water and sanitation, including citizen participation and democratic decision-making, remain largely unfulfilled. This case suggests political will and state capacity might be necessary but are not sufficient to fulfill the human right to water and sanitation broadly defined.


Author(s):  
Savitri Goonesekere

The chapter analyses children’s human rights as universal norms and standards incorporated in the UN Convention on the Rights of the Child (CRC) that are relevant in diverse national contexts. Discussing national experiences and the quasi-jurisprudence of treaty bodies, the chapter argues that understanding the interrelated nature of the different groups of rights in the CRC is essential for effective implementation of these rights. It is suggested that the concept of the indivisibility of human rights and the global agenda of sustainable development reinforce the need for this approach. The chapter also discusses the interdependence, compatibility, and conflict between children’s rights and the human rights of other groups, such as parents, women, and a community with which a child connects as he or she grows to adulthood. The chapter argues that incorporating children’s rights in national constitutions, rather than ad hoc legislation, encourages this holistic approach to implementing children’s rights.


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