scholarly journals Human Rights in Times of the Pandemic: A Dialogue on Migration and Indigenous Rights in Brazil before the Regional Inter-American System

2021 ◽  
pp. 261-275
Author(s):  
Letícia Virginia Leidens ◽  
Patricia Grazziotin Noschang
Keyword(s):  
Human Rights ◽  
Social Economic ◽  
Indigenous Rights ◽  
International Standards ◽  
Economic Losses ◽  
American System ◽  
Brazilian Government ◽  
Policies And Measures ◽  
Deductive Method ◽  
Protection Of Human Rights

This paper using the deductive method of approach based on regional scope for the protection of human rights, aims to demonstrate that the Brazilian state actions took during the pandemic, in terms of strategies, policies and measures to deal with the COVID-19 pandemic had severe consequences specially for indigenous and migrants population in Brazil, increasing the level of vulnerability of that population in its territory. It will also consider that in spite of adhering the unconditional observance of inter-American and international standards on human rights, the Brazilian government ignored such agreements and therefore causing social economic losses and about hundreds of deaths.

TO THE QUESTION OF RESPONSIBILITY FOR TORTURE IN THE RUSSIAN FEDERATION

2020 ◽  
Vol 10 (2) ◽  
pp. 103-106
Author(s):  
ASTEMIR ZHURTOV ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Large Scale ◽  
Human Life ◽  
International Standards ◽  
World Community ◽  
The World ◽  
Long Time ◽  
Protection Of Human Rights ◽  
The Russian Federation

Cruel and inhumane acts that harm human life and health, as well as humiliate the dignity, are prohibited in most countries of the world, and Russia is no exception in this issue. The article presents an analysis of the institution of responsibility for torture in the Russian Federation. The author comes to the conclusion that the current criminal law of Russia superficially and fragmentally regulates liability for torture, in connection with which the author formulated the proposals to define such act as an independent crime. In the frame of modern globalization, the world community pays special attention to the protection of human rights, in connection with which large-scale international standards have been created a long time ago. The Universal Declaration of Human Rights and other international acts enshrine prohibitions of cruel and inhumane acts that harm human life and health, as well as degrade the dignity.Considering the historical experience of the past, these standards focus on the prohibition of any kind of torture, regardless of the purpose of their implementation.

scholarly journals Direitos humanos, descolonialismo e a contribuição brasileira para (re)interpretação dos conceitos de asilo e de refúgio

2019 ◽  
Vol 42 (2) ◽  
pp. 141-155
Author(s):  
Eduardo Biacchi Gomes ◽  
Ane Elise Brandalise Gonçalves
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Point Of View ◽  
American System ◽  
Brazilian Legislation ◽  
Protection Of Human Rights ◽  
Current Context ◽  
America Latina ◽  
Do So

O presente artigo tem por fim analisar, sob a ótica do descolonialismo, os avanços da legislação brasileira em relação aos critérios para concessão do asilo. Para tanto, parte-se do próprio conceito de descolonialismo e a sua aplicabilidade dentro do contexto atual para construção dos Direitos Humanos na América Latina, de forma a cotejar com a nova legislação brasileira em relação aos critérios para fins de concessão de asilo e de refúgio. Por fim, de forma a demonstrar a importância do tema frente ao Sistema Interamericano de Proteção aos Direitos Humanos, questionar-se-á quanto a possibilidade de referidos temas serem analisados por parte da Corte Interamericana de Direitos Humanos (Corte IDH). Abstract: The purpose of this article is to analyze, from the point of view of decolonialism, the advances of Brazilian legislation in relation to the criteria for granting asylum. In order to do so, it is based on the very concept of decolonialism and its applicability within the current context for the construction of Human Rights in Latin America, in order to compare with the new Brazilian legislation in relation to the criteria for granting asylum and refuge. Finally, in order to demonstrate the importance of the issue in the Inter-American System for the Protection of Human Rights, it will be questioned whether the above-mentioned issues can be analyzed by the Inter-American Court of Human Rights.

scholarly journals Wolności i prawa polityczne dziecka

2020 ◽  
pp. 7-25
Author(s):  
Marek Bielecki
Keyword(s):  
Human Rights ◽  
Subject Matter ◽  
Positive Impact ◽  
International Standards ◽  
Political Freedom ◽  
Political Rights ◽  
Developmental Issues ◽  
Protection Of Human Rights ◽  
The Subject

The subject matter of the present paper is the analysis of particular normative solutions as well as the position of the judiciary and the interpretations of the doctrine in the scope of political freedom and rights that may be applied by a child. A child, as an entity equipped with the attribute of inherent and inalienable dignity, is a benefciary of the guarantees concerning the protection of human rights and freedoms proclaimed in both the national and international standards. Due to the existence of some objective obstacles such as age or developmental issues, certain rights cannot be fully applied by a child. While analyzing the indicated issues, the author of the study evaluates existing regulations as well as presents proposals for changes that could have a positive impact on children’s situation concerning the implementation of his/her political rights.

scholarly journals The Experience of the Inter-American Human Rights System

2009 ◽  
Vol 40 (1) ◽  
pp. 103 ◽  
Author(s):  
Felipe González
Keyword(s):  
Human Rights ◽  
Human Rights Protection ◽  
American System ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
State Behaviour

This article is one of four which provide a useful comparative paradigm to any discussion of a Pacific human rights charter or regional mechanism. The article describes the Inter-American system of human rights protection, which stretches across the Americas.  After an historical introduction, the article analyses the advances that took place after 1990.  The discussion focuses mainly on the roles of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. The article concludes that the system is able to influence state behaviour and has made significant contributions to the protection of human rights in the region.

scholarly journals RELATIONS BETWEEN HUMAN RIGHTS AND PUBLIC POLICY: A MULTI-CASE STUDY OF THE IMPACT OF THE RECOMMENDATIONS OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

2020 ◽  
Vol 29 (54) ◽  
pp. 205-221
Author(s):  
Sidney Cesar Silva Guerra ◽  
Fernanda Tonetto
Keyword(s):  
Human Rights ◽  
Public Policies ◽  
Time Frame ◽  
Brazilian State ◽  
Legal Nature ◽  
Deductive Method ◽  
Protection Of Human Rights ◽  
Legislative Changes ◽  
The Impact

The Inter-American Commission on Human Rights, which appears as one of the OAS organs for the promotion and protection of human rights, with its firm action ends up having significant effects on normative production and the development of public policies in favor of human rights of the Brazilian state. Such action derives from the attributions conferred upon them, in particular those related to the preparation of studies, reports and the proposition of recommendations to the States, as well as the adoption of measures that favor the system of protection of human rights at the domestic level and also as regards to the knowledge of individual petitions and interstate communications that contain denunciations of rights that have been debased. Although the reports issued by the Commission are not binding as they don’t have the legal nature of a decision, it is often noted that when a report is issued against a particular state that there has been a violation of human rights, it ends up employing efforts to change the situation in the country through legislative changes and public policies. The present study intends to analyze some consequences of the reports issued by the Inter-American Commission in face of the Brazilian State whose contrary manifestations count twenty incidences. However, for the purpose of this analysis, which will use the hypothetical-deductive method, where the impact of the recommendations on the internal legal order will be demonstrated, only three cases will be dealt with, since a time frame of the last ten years has been adopted.

scholarly journals THE ROLE OF NATIONAL ACTION PLANS IN IMPLEMENTATION OF INTERNATIONAL STANDARDS IN BUSINESS AND HUMAN RIGHTS

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Adel I. Abdullin ◽  
Alexey A. Sinyavskiy
Keyword(s):  
Human Rights ◽  
Transnational Corporations ◽  
International Standards ◽  
Action Plans ◽  
Legal Personality ◽  
Business And Human Rights ◽  
Protection Of Human Rights ◽  
Guiding Principles ◽  
International Legal Personality

"Guiding Principles on Business and Human Rights” are the first universally recognized global international standard in the field of human rights and business. In accordance with them, transnational corporations and other enterprises are obliged to comply with the national laws of states and respect internationally recognized human rights while carrying out their business activities. On 16 June 2011, the Human Rights Council unanimously endorsed the Guidelines in its resolution 17/4, “Human Rights and Transnational Corporations and Other Enterprises,” setting a universal standard for protecting human rights from the adverse effects of transnational corporations and other enterprises. However, in accordance with the doctrine of international law, corporations do not have an international legal personality and their obligations to respect human rights are only voluntary in nature, and therefore, the main obligation to ensure the protection of human rights lies with states. One of the ways to implement international standards in the field of business and human rights in practice is the development by States of National Action Plans. This paper is devoted, firstly, to a summary of the main ideas of the “Guiding Principles on Business and Human Rights” as an international legal standard in the field of human rights. Secondly, to consider the role of National Action Plans in the implementation of the Guidelines in EU countries. Thirdly, a review of existing practices for the implementation of these principles by EU states using National Action Plans

Inter-American Commission on Human Rights (IACHR) and Inter-American Court of Human Rights (IACtHR)

2021 ◽  
Keyword(s):  
Human Rights ◽  
Great Majority ◽  
Legal Framework ◽  
Special Importance ◽  
Human Rights Protection ◽  
American System ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
To Receive ◽  
Domestic Law

The Inter-American System for the Protection of Human Rights is a regional mechanism that has had a significant impact on the institutional framework of the State Parties to the Organization of American States (OAS), contributing to the elimination of structural human rights issues in the region. With a population of around 900 million people, the thirty-five States that comprise the OAS have accepted, to different extents, the supervising competence of its main human rights protection bodies: the Inter-American Commission on Human Rights (IACHR) and the Inter-American Court of Human Rights (IACtHR). This research bibliography on the Inter-American System is organized in six sections. The first is a general overview that describes the regional legal framework, the different research approaches that doctrine has developed to study it, and the factual and statistical resources that are of special importance in such research. The second section introduces the regional protection bodies and their interaction within the Inter-American System. The third and fourth sections are dedicated to the particular analysis of each body. It begins with the Inter-American Commission, with a description of its two most relevant foci, namely, its human rights promotion tasks and its competence to receive individual petitions. It then moves to the Inter-American Court of Human Rights and engages with the literature about its contentious jurisdiction—where reparations, supervision of judgments, and compliance to its judgments—along with its advisory and precautionary jurisdiction will be analyzed in greater depth. Finally, the fifth and sixth sections are dedicated to two topics of special analytical relevance and current importance: the dialogue between regional protection systems in the search for answers to common problems and finally the notion of control of conventionality as a particular and groundbreaking legal development of the system and its development within the State’s domestic law. The selected works in this bibliography are mostly available in English and Spanish (judgments of the IACtHR and reports of the Commission may be accessed in both languages) and the great majority of these texts are available without cost, digitally, online and without subscription. This research bibliography, accordingly, aims at avoiding obstacles to open research into this topic from the Global South and other latitudes.

Brief notes about the development of rights of traditional people under the jurisprudence of the Inter-American Court of Human Rights

KPGT_dlutz_1 ◽  
2021 ◽  
Vol 35 (1) ◽  
pp. 226-255
Author(s):  
André Ricci de Amorim ◽  
Silvia Gabriel Teixeira
Keyword(s):  
Human Rights ◽  
International Law ◽  
Minority Groups ◽  
The Real ◽  
American System ◽  
Specific Objective ◽  
Protection Of Human Rights

The main objective of this paperwork is to demonstrate how the safeguarding of human rights in relation to minority groups, especially traditional peoples, is developed in the context of the Inter-American System for the protection of Human Rights. In this sense, it is highlighted the theme of decoloniality in order to reveal the importance of pursuing the development of human rights in an intercultural manner that meets the real desires of traditional populations. Therefore, the specific objective is to analyze how the search for the protection of these people's rights has been based on the jurisprudence of the Inter-American Court of Human Rights. For this, the present work uses the methodology of approaching legal dialectics, accompanied by doctrinal bibliographic research, as well as international legal instruments that allow a better perception on the reality of the evolution of international law in the protection of the rights of traditional peoples.

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