scholarly journals The 2017 military coup in Zimbabwe: Implications for human rights and the rule of law

2020 ◽  
Vol 20 (2) ◽  
Author(s):  
Mkhululi Nyathi ◽  
Matshobana Ncube
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Military Coup ◽  
Human Rights Violations ◽  
Human Rights Protection ◽  
Security Services ◽  
History Of ◽  
Robert Mugabe ◽  
The Right ◽  
The Military

November 2017 saw the Zimbabwean Defence Forces executing a military coup against Mr Robert Mugabe, Zimbabwe's long-serving President. The military sought to justify the coup on the basis that there were divisions in the party in government - ZANU-PF - and that it was stepping in to protect what it called the gains of the liberation struggle. The military demanded, among other things, the reinstatement of those ZANU-PF party members who had been removed from their government and party positions. By brazenly involving itself in politics, let alone aligning itself with a political party, the military violated a number of constitutional provisions that prohibit the involvement of the security services in politics. Several individual freedoms and liberties, including the right to liberty, freedom of expression, freedom of movement and the right to security and freedom from torture, were violated during the coup. There are also allegations that there was loss of life directly linked to the coup. In effecting the coup, the military immobilised the police service and arrogated to itself the role of civilian policing, including the setting up of roadblocks on major roads and arresting and detaining those it identified as 'criminal elements'. The Zimbabwean Defence Forces have a long history of serious human rights violations, including politically-related torture and murder. They also stand accused of chronic involvement in politics, including the unleashing of violence during elections on behalf of ZANU-PF. Therefore, there is no hope that human rights protection and promotion will be on the agenda of the post-coup government - itself consisting of the main coup leaders and most of the ministers that served in the repressive Mugabe government. There is a need to establish mechanisms to ensure that those responsible for the coup and its attendant human rights violations and crimes are brought to account.

Introductory Aspects on Human Rights Violations Suffered by Indigenous Peoples during the Period of Brazilian Civil-Military Dictatorship

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Luane Flores Chuquel
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Military Regime ◽  
Military Coup ◽  
Human Rights Violations ◽  
Military Government ◽  
Deductive Method ◽  
The Face ◽  
In The Beginning ◽  
The Military

This current work studies the human rights violations suffered by indigenous peoples during the period of the Brazilian CivilMilitary Dictatorship. Likewise, it makes some notes about the beginning of the violations in a moment before this dark period. On this path, even before the Military Coup was launched in the year 1964 (one thousand nine hundred and sixty-four), the Indians were already experiencing constant usurpations of their rights at the expense of irresponsibilities commanded most of the time, by those who should watch over their rights lives. As will be seen, the violation and disrespect for Human Rights in the face of these peoples ended up becoming common and gaining strength mainly in the beginning of the implementation of the military regime. Negligent attempts at acculturation and "emancipation", in addition to inconsequential contacts with isolated peoples, culminated in the destruction and predatory logging of their lands. Missing processes of terribly violating demarcations of indigenous areas promoted the expulsion of countless peoples, causing the Indians to fall into a life totally surrounded by hunger, begging, alcoholism and prostitution. All in the name of the so-called “economic advance”, which aimed at building roads, in what was called “occupation of the Amazon”? As frequently stated by the authorities at the time, the Amazon rainforest was seen and understood as a “population void” by the Military Government. According to this thought idealized by the disgusting dictators and supporters, it will be observed that the cases of violations of Human Rights have been systematically “legalized”. The life, land and culture of indigenous peoples were left in the background. Depending on this brief narrative developed through documentary research, based on a hypothetical-deductive method, the intention is to rescue the martyrdoms of that time, demonstrating what actually happened to indigenous peoples during the Military Regime, in the simplest attempt to remember or even disclose to those who are unaware of this part of history. All that said, don't you forget. So that it never happens again.

Human rights violations during the COVID-19 pandemic

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mohammed R.M. Elshobake
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Freedom Of Expression ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Content Type ◽  
International Human ◽  
The Right

Purpose The purpose of this paper is to explore the most prominent human rights violations during the COVID-19 pandemic in accordance with international human rights law. Design/methodology/approach Through doctrinal and legal study and content analysis, this paper analyses the important relevant legal provisions under International human rights law and applies these provisions to the reality of managing the COVID-19 crisis to identify the most prominent human rights violations during the COVID-19 outbreak. This research paper considered as a review paper in that it provides a review of the most prominent measures taken during the COVID-19 crisis, which constitutes violations of international human rights law. Findings It is concluded that some measures that have been taken by countries to confront the COVID-19 pandemic have constituted violations of human rights and did not comply with the legal conditions to restrict human rights. Indeed, the COVID-19 pandemic has shown the ugly fractures in health-care systems, health inequities, racism and discrimination, Undermining the right to freedom of expression and the right to access information, gross negligence in protecting detainees from COVID-19 infection, all of these constitute clear violations of the principles of international human rights law. Research limitations/implications The spread of COVID-19 has not stopped, and its effects still continue, including human rights violations. Therefore, this paper cannot enumerate all human rights violations that occur during the spread of COVID-19. Practical implications Based on the results in this paper, governments need to be more prepared to face any health crisis at all levels including health care, which would reduce human rights violations. Social implications This research paper reflects positively on the social reality, as the adoption of its recommendations leads to the provision of adequate health care to all members of society in accordance with the principles of human rights, granting them the right to access information, protecting their right to freedom of expression, reducing the phenomenon of racism and discrimination and providing adequate health care to all detainees. Originality/value This paper studies an up-to-date topic that we are still living and seeing its effects. The benefit of this paper is to provide recommendations that protect human rights during the COVID-19 pandemic.

scholarly journals Freedom of thought in Europe: do advances in ‘brain-reading’ technology call for revision?

2020 ◽  
Author(s):  
Sjors Ligthart
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Freedom Of Expression ◽  
Legal Protection ◽  
Mental States ◽  
Human Rights Protection ◽  
Legal Context ◽  
Reading Technology ◽  
Freedom Of Thought ◽  
The Right

Abstract Since advances in brain-reading technology are changing traditional epistemic boundaries of the mind, yielding information from the brain that enables to draw inferences about particular mental states of individuals, the sustainability of the present framework of European human rights has been called into question. More specifically, it has been argued that in order to provide adequate human rights protection from non-consensual brain-reading, the right to freedom of thought should be revised, making it ‘fit for the future’ again. From the perspective of criminal justice, the present paper examines whether such a revision is necessary within the European legal context. It argues that under its current understanding, the right to freedom of thought would probably not cover the employment of most brain-reading applications in criminal justice. By contrast, the right to freedom of (non-)expression will provide legal protection in this regard and, at the same time, will also allow for certain exceptions. Hence, instead of revising the absolute right to freedom of thought, a legal approach tailored to non-consensual brain-reading could be developed under the already existing right not to convey information, ideas, and opinions as guaranteed under the freedom of (non-)expression. This might need to re-interpret the right to freedom of expression, rather than the right to freedom of thought.

Part III The Right to Justice, C Restrictions on Rules of Law Justified By Action to Combat Impunity, Principle 29 Restrictions on the Jurisdiction of Military Courts

2018 ◽  
Author(s):  
Aoláin Fionnuala Ní
Keyword(s):  
Human Rights ◽  
International Law ◽  
Theoretical Framework ◽  
Historical Background ◽  
Human Rights Violations ◽  
Humanitarian Law ◽  
Domestic Courts ◽  
Military Law ◽  
The Right ◽  
The Military

Principle 29 deals with restrictions on the jurisdiction of military courts. Under this Principle, the adjudication of human rights violations by military courts is explicitly excluded, and ordinary domestic courts are mandated as the only appropriate venue of judicial oversight. Nevertheless, military courts remain functionally important for the routine and uncontroversial deployment of military law consistent with international law. The chapter first provides a contextual and historical background on Principle 29 before discussing its theoretical framework and how military courts are used in various countries such as Ireland and Turkey. Issues arising when civilians find themselves within the jurisdiction of military courts are also examined, along with the difficulties of ensuring fair trials in military courts. This chapter shows that military courts, while certainly serving important functions within the military forces of states, remain subject to human rights and humanitarian law compliance.

scholarly journals The Legal Nature of the Child’s Right to Access Information and the Restriction Thereof to Protect a Child Against Information Detrimental to the Mental Health and Development of Minors

2021 ◽  
Vol 1 ◽  
pp. 27-30
Author(s):  
Olga Yu. Sitkova ◽  
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
European Convention ◽  
Human Rights Protection ◽  
Rights Of The Child ◽  
Legal Nature ◽  
Protection Of Human Rights ◽  
Access Information ◽  
The Right ◽  
Legal Mechanism

The article analyzes the norms of international acts in the field of human rights protection concerning the right to access information. The author of the article hypothesizes that the legal mechanism, which includes measures of coordinated interaction between the family and the state, best contributes to the implementation of measures to protect children from harmful information, combined with the preservation of the child’s right to access information. Within the framework of this direction, the article reveals the legal nature of the child’s right to access information. The article analyzes the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the UN Convention on the Rights of the Child and a number of other international acts in this area. The practice of the ECHR in cases related to the right to freedom of expression has been generalized, which made it possible to determine the legal essence of this right in the context of the provisions of the main international acts on the protection of human rights

scholarly journals O REGIME MILITAR, OS DIREITOS HUMANOS E A IGREJA (1972-1986) * THE MILITARY REGIME, HUMAN RIGHTS AND THE CHURCH (1972-1986)

2015 ◽  
Vol 4 (3) ◽  
pp. 27
Author(s):  
Egberto Pereira Dos Reis ◽  
José Carlos Rothen
Keyword(s):  
Human Rights ◽  
Catholic Church ◽  
Military Regime ◽  
Military Coup ◽  
Human Rights Violations ◽  
The Military ◽  
The Church ◽  
The Catholic Church

<p><strong>Resumo:</strong> O presente artigo tem como finalidade abordar a postura da Igreja Católica, diante do regime militar e dos direitos humanos. A nossa pesquisa tem como fonte principal a Revista Eclesiástica Brasileira (REB) no período entre 1972 a 1986. Inicialmente a Igreja apoia o golpe cívico/militar e depois parte dela denuncia as violações de direitos humanos por parte do regime. Assim, identificamos tendências conservadoras e progressistas na instituição eclesial, travando guerras de posição segundo a concepção de Gramsci.</p><p><strong>Palavras-chaves:</strong> Regime militar; Igreja; Direitos humanos; Teologia da Libertação.</p><p><strong>Abstract:</strong> This article has purpose to approach the position of the Catholic Church, before the military regime and human rights. Our research has as its main source Revista Brasileira Ecclesiastical (REB) in the period from 1972 to 1986. Initially the Church supports the civic/military coup and then part of it denounces human rights violations by the regime. Thus, we identified conservative and progressive trends in the ecclesial institution, locking position of wars according to the conception of Gramsci.</p><p><strong>Keywords:</strong> Military regime; Church; Human Rights; Libertation Theology.</p>

scholarly journals Freedom through Online Education. Are We Safe Online?

2019 ◽  
Vol 8 (7) ◽  
pp. 69
Author(s):  
Kamila Danilovna Shaibakova
Keyword(s):  
Human Rights ◽  
Online Education ◽  
Freedom Of Expression ◽  
Human Rights Protection ◽  
The Public ◽  
Rights Protection ◽  
Transnational Companies ◽  
Social Media Platforms ◽  
State Actor ◽  
The Right

The article shed light on a problem of freedom of expression through Online Education. Nowadays, the intermediaries such as Facebook, Google, Twitter, etc. play crucial role in educating people. Their policies in addition to the governmental regulations could seriously affect the human rights. The extraterritoriality and non-state actor status of transnational companies are also problems when considering violation of human rights as legally transnational corporations cannot violate rights as non-state actors and have no obligation towards people. In addition, fake news and trolley factories became a true problem that claimed to be able to affect even elections. Moreover, they could affect the right to know and receive information which constitutes a part of the general right to freedom of expression. However, as recent examples show, social media platforms knowingly keep fake information despite the public announcement of human rights commitments. In addition, while claiming the dedication to the human rights protection, business still more interested in profit. 

The Domestication of International Human Rights Instruments and Constitutional Litigation in Nigeria

2000 ◽  
Vol 18 (3) ◽  
pp. 357-378
Author(s):  
Dele Peters
Keyword(s):  
Human Rights ◽  
Military Coup ◽  
Human Rights Violations ◽  
International Human Rights ◽  
Coup D'etat ◽  
Political Independence ◽  
Human Rights Abuse ◽  
History Of ◽  
International Human

Nigeria has had a chequered history of human rights. Since its attainment of political independence from the British about four decades ago, the country has experienced series of military coup and coup d'etat, and about three decades of military ride. Those periods of military interregnum marked the peak of human rights abuse and abridgement in the country. Even the short periods under democratic dispensation were not entirely without some measures of human rights violations. All these were notwithstanding the fact that some international human rights instruments have been domesticated in the country. This article focuses on how the Nigerian Judiciary has responded to some of these domesticated international human rights instruments in matters brought before them for adjudication.

Sign in / Sign up

Export Citation Format

Share Document