scholarly journals Is Religious Intolerance Good for Your Health?

2020 ◽  
Vol 8 (2-3) ◽  
pp. 201-227
Author(s):  
Ciarán Burke
Keyword(s):  
Human Rights ◽  
Interesting Case ◽  
Political Rights ◽  
International Convention ◽  
Religious Intolerance ◽  
Legal Responses ◽  
Fit For Purpose ◽  
Korean State ◽  
Human Rights Norms

Abstract Legal responses to the covid-19 pandemic have varied widely. Korea represents an interesting case study, as it seemed particularly well prepared, having enacted legislation in the wake of the mers outbreak, in 2015, to tackle future pandemics. This obviated recourse to emergency powers legislation, and couched Korea’s response in normal legislation, which tends to raise fewer human rights concerns than may arise under emergency measures. Despite this, however, Korea’s response to covid-19 raises significant questions about its compliance with core human rights norms under the International Convention on Civil and Political Rights, including freedom of religion and non-discrimination. These arose with regard to the state’s treatmennt of members of the Shincheonji Church of Jesus (scj), a relatively small, occasionally controversial, religious group. The treatment of the scj by the Korean state raises questions about whether its legal approach to tackling covid-19 was fit for purpose.

The Politics of Domestic Implementation of International Human Rights Law

2015 ◽  
Vol 16 (1-2) ◽  
pp. 104-149 ◽  
Author(s):  
Deepika Udagama
Keyword(s):  
Human Rights ◽  
Political Violence ◽  
Social Indicators ◽  
Interesting Case ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Political Factors ◽  
International Human

Domestic application of international human rights law may encounter more serious obstacles than purely doctrinal constraints due to political factors. Sri Lanka offers an interesting case study in that regard. Once a committed democracy with high social indicators, it descended into authoritarianism and political violence a few decades after independence. This article examines the interplay between Sri Lanka’s dualist legal system and its international human rights obligations and points to how the relationship is increasingly being defined by political factors than doctrinal complexities. It argues that in such circumstances remedial action may lie more within the political arena than before legal forums.

scholarly journals COOPERATION BETWEEN UKRAINE AND THE UN AT THE PRESENT STAGE

2020 ◽  
pp. 34-40
Author(s):  
K. S. Loboda
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Sustainable Development Goals ◽  
Democratic Governance ◽  
Political Rights ◽  
International Convention ◽  
Cultural Rights ◽  
Development Goals ◽  
The Russian Federation ◽  
The United Nations

The article is devoted to the United Nations Organization, which turns 75 this year. The article reveals the cooperation between Ukraine and the UN. Despite the ongoing aggression by the Russian Federation, Ukraine pays special attention to the UN's efforts to maintain international peace and security, considering participation in it as an important factor in its foreign policy. Ukraine is an active participant in the activities of the UN system in the field of human rights, a party to all major UN human rights instruments, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Optional Protocols and the International Convention on the Elimination of all forms of racial discrimination. Since March 2014, at the invitation of our state, the UN Monitoring Mission in the field of human rights has been operating in Ukraine, recording the human rights consequences of Russian aggression. Our country receives significant technical, advisory and financial assistance from UN specialized agencies, its funds and programs, in particular, in the areas of democratic governance, poverty alleviation, achieving the National Sustainable Development Goals, supporting public administration, combating HIV / AIDS and other serious diseases, environment. In connection with the above, it should be emphasized that Ukraine, as a founding member of the United Nations, does not stand aside, but actively cooperates with this respected international organization in all areas of its activities. Ukraine remains a supporter of strengthening and increasing the effectiveness of the UN and adapting to modern challenges in the world. Keywords: United Nations Organization, Ukraine, Security Council, human rights, peacekeeping.

On the Intersectionality of Religious and Racial Discrimination: A Case Study on the Applicability of ICERD with Respect to China’s Uyghur Muslim Minority

2019 ◽  
Vol 14 (1) ◽  
pp. 1-30 ◽  
Author(s):  
Ross Holder
Keyword(s):  
Human Rights ◽  
Racial Discrimination ◽  
Religious Identity ◽  
Political Rights ◽  
Religious Discrimination ◽  
State Legislation ◽  
International Convention ◽  
Charter Member ◽  
Uyghur Population ◽  
Minority Nationality

Abstract As an officially recognised minority nationality in China, the Uyghurs’ unique religious identity is ostensibly protected under Chinese national law. In reality, such protections are limited in practice, with frequent claims by Uyghur activists, human rights NGOs and scholars that government policies result in the religious discrimination of the Uyghur population in Xinjiang. In light of the inefficacy of state legislation in protecting the Uyghurs’ religious freedoms, this article considers the protections offered within the Human Rights Treaty System of the United Nations (UN), of which China is both a charter member and an increasingly active participant. However, any attempt to consider Freedom of Religion or Belief protections within the UN’s core treaties remains frustrated as China has yet to ratify the International Covenant on Civil and Political Rights, which is the sole UN human rights instrument to contain provisions dedicated to religious and minority rights. To overcome this issue, this article argues that acts of religious discrimination against the Uyghur minority may also fall into contention with the protections contained within the International Convention on the Elimination of All Forms of Racial Discrimination, a treaty that has been ratified by China and is therefore legally obligated to comply with.

Mexico and the R2P Challenge: The Commitment Trap

2016 ◽  
Vol 8 (1) ◽  
pp. 29-50
Author(s):  
Arturo C. Sotomayor
Keyword(s):  
Human Rights ◽  
Latin American ◽  
Latin American Country ◽  
Critical Case ◽  
War On Drugs ◽  
Radical Change ◽  
International Commitments ◽  
Human Rights Norms ◽  
Critical Case Study

In recent years, Mexico has presented mostly favourable views of the R2P concept. This is a radical change, since historically it had been a strong advocate of non-intervention norms. This essay argues that Mexico’s R2P position has been shaped and constrained by two incoherent domestic narratives: democratization and the war on drugs. These two narratives have led to an inconsistent and ambiguous record of compliance with human rights norms and R2P principles. Mexican authorities, who had been championing for the implementation of R2P, have now become victims of their own international commitments. This Latin American country thus needs to reconcile its two distinct domestic agendas if it aims to be seen as an R2P advocate. The goal of this study is to explore the inherent complex and at times contradictory relationship between domestic demands for democratization and securitization and R2P commitments, using Mexico as a critical case study.

The management (or lack thereof) of COVID-19 in Brazil: implications for human rights and public health

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Erick da Luz Scherf ◽  
Marcos Vinicius Viana da Silva ◽  
Janaina S. Fachini
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Health Management ◽  
Inductive Reasoning ◽  
Content Type ◽  
Public Health Institutions ◽  
Health Institutions ◽  
Human Rights Norms ◽  
The Right

Purpose The purpose of this paper is to explore how the COVID-19 pandemic has been managed in Brazil, especially at the Federal Administrative level, with the focus being on the implications for human rights and public health in the country. Design/methodology/approach The research is built on a qualitative design made up of a case-study and review of the literature and is based on inductive reasoning. Findings Main conclusions were that: by not making sufficient efforts to safeguard the lives of Brazilians or to strengthen public health institutions amid the pandemic, Bolsonaro’s Administration may be violating the rights to life and health, among others, by omission; it was demonstrated that the President has worked unceasingly to bulldoze anti-COVID-19 efforts, which can be better explained through the concepts of necropolitics and neoliberal authoritarianism. Research limitations/implications One of the limitations to this research is that this paper was not able to discuss more thoroughly which other human rights norms and principles (apart from the right to health, life and the duty to protect vulnerable populations) have possibly been violated amid the COVID-19 pandemic in the country. Overall, this research can help expand the literature on human rights in health management during and after emergency times. Originality/value This paper focuses on recent events and on urgent matters that need to be addressed immediately in Brazil. This study provides an innovative health policy/human rights analysis to build an academic account of the ongoing pandemic in the largest country in South America.

Hong Kong's Bill of Rights: Its Reception of and Contribution to International and Comparative Jurisprudence

1998 ◽  
Vol 47 (2) ◽  
pp. 306-336 ◽  
Author(s):  
Johannes M. M. Chan
Keyword(s):  
Human Rights ◽  
Hong Kong ◽  
Interesting Case ◽  
International Human Rights Law ◽  
Political Rights ◽  
Bill Of Rights ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Impact

The Hong Kong Bill of Rights Ordinance entered into force on 8 June 1991. Its purpose is to incorporate into the law of Hong Kong the provisions of the International Covenant on Civil and Political Rights (“the ICCPR”) as applied to Hong Kong. Being one of the first occasions where the ICCPR has been given direct legal force in a common law jurisdiction, the Hong Kong experience will provide an interesting case study on how an international human rights instrument is received and interpreted in domestic law. Indeed, shortly after the coming into operation of the Hong Kong Bill of Rights Ordinance, the late Professor Opsahl predicted that it would give the ICCPR, and by implication the Human Rights Committee, a potential impact on the Hong Kong domestic legal system which could hardly be expected in other countries. He even suggested that, in dealing with matters which the Human Rights Committee has not yet considered, the interpretation of the Hong Kong courts in applying the Bill of Rights may provide a useful supplement to international human rights law. The Bill of Rights Ordinance is now seven years old. This article will address two issues: first, the impact international and comparative jurisprudence has had on the interpretation of the Hong Kong Bill of Rights and, second, the contribution the Hong Kong jurisprudence on the Bill of Rights has or could have made to the development of international and comparative human rights law.

scholarly journals PERLINDUNGAN HAK ASASI MANUSIA BAGI PENGUNGSI DI NEGARA NON-ANGGOTA KONVENSI STATUS PENGUNGSI 1951 [Human Rights Protection for Refugees in Non-Member Countries of the 1951 Refugee Status Convention]

Law Review ◽  
2020 ◽  
Vol 20 (2) ◽  
pp. 169
Author(s):  
Fransiska Ayulistya Susanto
Keyword(s):  
Human Rights ◽  
International Law ◽  
Political Rights ◽  
Refugee Status ◽  
International Convention ◽  
Customary International Law ◽  
Human Rights Protection ◽  
Cultural Rights ◽  
Territorial State ◽  
Rights Of The Child

<p><em>Refugee problems become global problems not only for destination country but also for the transit or non-parties country on Status of Refugees Convention 1951. The problem arises when the transit or non-parties country ignore the existence of the refugees in their territory consequently, many refugees could only depend on their protection under UNHCR help. Even if, the territorial state is not the party of 1951 convention, however, they still have responsibility under another Human Rights Convention to give protection to the refugees. Therefore, how far the refugees shall be protected under the transit territory? This article will have analyzed minimum protection under Human Rights instruments and Customary International Law that could give to the refugees. Under the International Covenant on Civil and political Rights, International Covenant on Economic, Social and Cultural Rights, International Convention on The Rights of the Child and Customary International Law, the state territory shall give protection without any discrimination to the refugees, even if they are not the party of 1951 convention. Even though, the protection that refugees get from transit state slightly different than protection from state parties, however, they shall get to be protected.</em></p><p><strong>Bahasa Indonesia Abstrak: </strong>Masalah pengungsi sudah menjadi permasalahan global yang tidak hanya berpengaruh terhadap negara tujuan saja, namun juga pada negara transit atau negara yang bukan merupakan negara anggota Konvensi Status Pengungsi 1951. Masalah timbul saat negara-negara transit atau negara non-anggota mengabaikan keberadaan pengungsi di teritori negara mereka, sehingga banyak pengungsi yang hanya menyandarkan nasibnya di tangan bantuan UNHCR. Meskipun negara teritorial bukan merupakan negara anggota Konvensi Status Pengungsi 1951, namun mereka seharusnya tetap memberikan perlindungan kepada pengungsi. Pertanyaannya, seberapa jauh negara harus memberikan perlindungan kepada pengungsi? Artikel ini akan menganalisis perlindungan minimal di bawah Hak Asasi Manusia yang harus diberikan negara non-anggota kepada pengungsi yang ada di wilayahnya. Menurut Konvenan tentang Hak-Hak Sipil dan Politik, Konvenan Hak-Hak Ekonomi, Sosial dan Budaya, serta Konvensi Perlindungan Anak dan juga hukum kebiasaan internasional, negara teritorial haruslah memberikan perlindungan tanpa diskriminasi kepada pengungsi, meskipun negara teritorial tidak menjadi para pihak dari Konvensi Status Pengungsi 1951. Meskipun perlindungan yang diberikan kepada pengungsi oleh negara transit sedikit berbeda jika dibandingkan perlindungan dari negara anggota konvensi, mereka tetap harus mendapatkan perlindungan.</p>

scholarly journals Asian Values and Human Rights: A Vietnamese Perspective

2018 ◽  
Vol 2 (1) ◽  
pp. 302 ◽  
Author(s):  
Ngo Thi Minh Huong ◽  
Giao Cong Vu ◽  
Tam Minh Nguyen
Keyword(s):  
Human Rights ◽  
Communist Party ◽  
Political Rights ◽  
Political Leaders ◽  
Asian Values ◽  
Legal Norms ◽  
Political Ideas ◽  
Political Ideologies ◽  
Human Rights Norms ◽  
The Impact

This paper examines the impact of the ideology of ‘Asian Values' on the legal norms and practices that frame the recognition and protection of human rights in Vietnam. Specifically, the paper focusses on the extent to which Asian Values has been deployed to discourage the adoption of international human rights norms and practices in the context of Vietnam’s rapid economic development since the mid- 1980s. The paper first sketches the adoption of Asian Values in Vietnam’s politics and society. Cultural and political factors that have shaped the conception of human rights are reviewed. Human rights language and norms, as manifest in political ideologies, policies and laws are then analysed, with particular reference to the different versions of Vietnam’s Constitution. It is shown that both the Communist Party of Vietnam (CPV) and the State of Vietnam have clearly articulated Asian Values in formulating their conceptions of human rights. This outcome is argued to result from the fact that Vietnamese political leaders, alike with Lee Kwan Yew in Singapore, the progenitor of Asian Rights, have been strongly influenced by Confucian ideals of governance. Confucianism is not, however, the only basis for political ideas in Vietnam. Although Vietnam is a market economy it remains a one- party state  controlled  by  the  CPV.  The  Marxist-Leninist  principles  on  which the current State of Vietnam was based at its inception in 1975 remain intact. This ideology was however layered onto generations of collectivist principles embodied in the dominant agrarian society. The influence of Asian Values, on the recognition of and support for human rights in Vietnam has, however, been largely negative rather than positive, especially in relation to recognising civil and political rights as codified in universal human rights instruments. Thus, the protection and promotion of human rights in Vietnam, going forward, essentially mandates eliminating the influence of Asian Values in the ideology of political leaders and in the wider society. Key words: Human rights, Asian Values, democracy, constitution, Communist Party, Vietnam

Human Rights

2019 ◽  
pp. 123-141
Author(s):  
Hurst Hannum
Keyword(s):  
Human Rights ◽  
Great Majority ◽  
Political Rights ◽  
Regional Organizations ◽  
Cultural Rights ◽  
The Pacific ◽  
Human Rights Treaties ◽  
Western Values ◽  
Civil And Political Rights ◽  
Human Rights Norms

This chapter focuses on human rights in Asia and the Pacific. On the level of purely legal commitments, the great majority of Asian and Pacific states have ratified both of the two major UN human rights treaties, the International Covenant on Economic, Social and Cultural Rights (ICESCR) and International Covenant on Civil and Political Rights (ICCPR). Association of Southeast Asian Nations (ASEAN) is the most developed of the sub-regional organizations with respect to human rights, although that development has been fairly recent and, to date, relatively minimal. However, attempts to characterize or distinguish different approaches to human rights in Asia frequently include reference to a number of arguments put forward to justify Asian exceptionalism in this field. Perhaps the most widely asserted argument contends that ‘Asian values’ are different from the Western values that animate today’s international human rights norms.

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