scholarly journals An Endless Struggle of Fighting Discrimination in the Name of Human Rights Protection

2020 ◽  
Vol 07 (02) ◽  
pp. 207-228
Author(s):  
Hernadi Affandi ◽  
Tarsisius Murwadji
Keyword(s):  
Human Rights ◽  
Racial Discrimination ◽  
Modern Society ◽  
The United States ◽  
American Government ◽  
Intergroup Relation ◽  
Human Rights Protection ◽  
Rights Protection ◽  
American Society ◽  
Modern Era

The Incident of George Floyd’s death reminds people of the peril of discrimination that still exists within the American society. The incident has triggered worldwide reactions from people who feel sympathy for the victim and reject racism. To eliminate racial discrimination, every modern society needs to remove any negative paradigm towards intergroup relation. In the context of the United States, the American Government has the responsibility to protect the rights of citizens from any forms of discrimination. That includes racial discrimination. In addition, people have to be reminiscent of the danger of racial discrimination in the modern era. The danger has the ability to disturb human rights protection. This study revealed history, criteria, and impacts of discrimination within the scope of human rights protection.

Fight against terrorism and human rights in Europe

2021 ◽  
Author(s):  
E.V. Skurko
Keyword(s):  
Human Rights ◽  
The United States ◽  
The European Union ◽  
Council Of Europe ◽  
Regional Organizations ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
Terrorist Acts ◽  
Rights Issues

The article analyzes contemporary problems of the fight against terrorism in Europe in the context of human rights protection. The human rights issues acquired a new dimension after the terrorist attacks of September 11, 2001 in the United States, which fundamentally changed the attitude towards terrorism and the fight against it around the world. Today, the European perspective on the protection of human rights in the context of the fight against terrorism remains within the framework of the UN approaches and is mainly developed in such international regional organizations as the Council of Europe (CoE), the Organization for Security and Cooperation in Europe (OSCE), and the European Union (EU) system. The European states have undertaken to implement all necessary measures to protect human rights and freedoms, including – and especially – against terrorist acts. All measures taken in the fight against terrorism in Europe should be based on the observance of human rights, as well as the rule of law, including elimination of all forms of arbitrariness and discrimination, and be subject to supervisory procedures. The latest counter-terrorism strategies in Europe are based on the principles of inclusiveness and assume that a welcoming society in which the rights of everyone are fully respected is a society where terrorism cannot find a place and take root, and it will be more difficult for potential terrorists to be radicalized and recruited. However, in tactical terms, the emphasis in the fight against terrorism is often made on strengthening control over individuals, which causes concerns of the society and human rights activists. In contemporary conditions, the fight against terrorism requires additional state guarantees, investments in social cohesion, education, and the development of relationships, so that everyone can feel that their personality is respected and that the society fully accepts them.

scholarly journals Look, the World is Watching how We Treat Migrants! The Making of the Anti-Trafficking Legislation during the Ma Administration

2017 ◽  
Vol 46 (1) ◽  
pp. 61-99 ◽  
Author(s):  
Isabelle Cheng ◽  
Lara Momesso
Keyword(s):  
Human Rights ◽  
Sex Workers ◽  
The United States ◽  
Advocacy Groups ◽  
Human Rights Protection ◽  
Rights Protection ◽  
State Surveillance ◽  
The Government ◽  
Spiral Model ◽  
The Cost

Employing the spiral model, this research analyses how anti-human trafficking legislation was promulgated during the Ma Ying-jeou (Ma Yingjiu) presidency. This research found that the government of Taiwan was just as accountable for the violation of migrants’ human rights as the exploitive placement agencies and abusive employers. This research argues that, given its reliance on the United States for political and security support, Taiwan has made great efforts to improve its human rights records and meet US standards for protecting human rights. The reform was a result of multilevel inputs, including US pressure and collaboration between transnational and domestic advocacy groups. A major contribution of this research is to challenge the belief that human rights protection is intrinsic to democracy. In the same light, this research also cautions against Taiwan's subscription to US norms since the reform was achieved at the cost of stereotyping trafficking victimhood, legitimising state surveillance, and further marginalising sex workers.

scholarly journals Beyond Kiobel: Alternative Remedies for Sustained Human Rights Protection

AJIL Unbound ◽  
2013 ◽  
Vol 107 ◽  
pp. 48-54
Author(s):  
Justine Nolan ◽  
Michael Posner ◽  
Sarah Labowitz
Keyword(s):  
United States ◽  
Human Rights ◽  
The United States ◽  
Corporate Accountability ◽  
Human Rights Protection ◽  
Rights Protection ◽  
High Profile ◽  
Global Corporations ◽  
Successful Approach ◽  
Alternative Remedies

Corporate accountability actions brought under the Alien Tort Statute (ATS) tend to be grounded more in hope than in expectation. While an effective publicity tool for highlighting allegations of corporate irresponsibility and a successful approach for gaining favorable settlements in a few high-profile cases, U.S. courts have generally been reluctant to use the ATS to hold global corporations accountable for their actions outside the United States.

Drafting an International Legally Binding Instrument on Business and Human Rights

2021 ◽  
Vol 23 (5) ◽  
pp. 466-485
Author(s):  
Elżbieta Karska
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Law ◽  
The United States ◽  
Human Rights Violations ◽  
The European Union ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Business And Human Rights ◽  
Legal Grounds

Abstract This article deals with the process of creating a convention in the field of human rights, the working name of which is the ‘International Legally Binding Instrument on Business and Human Rights’. The author analyses the existing legal grounds for the responsibility of business for human rights violations in international law. She has assessed non-binding instruments, leading her to draw the conclusion that mechanisms strengthening protection are required in human rights protection law. The process of the creation of a new convention itself is subjected to an in-depth review. A special place is given to the issue of the position of a victim of human rights violations committed as a result of the activity of transnational enterprises, the rights of the victims of such violations and the mechanisms of international cooperation in the combatting thereof. In the conclusion the author states that human rights require actions that move beyond existing divisions, and that the work of the intergovernmental group led by Ecuador should be seriously supported by the European Union and the United States.

scholarly journals Protection of human rights violated by cybercrimes in global information

2020 ◽  
Vol 2 (2) ◽  
pp. 35-41
Author(s):  
Gulnaz Rzayeva
Keyword(s):  
Human Rights ◽  
Information Society ◽  
Modern Society ◽  
Global Information ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Illegal Behavior ◽  
Global Information Society ◽  
Protection Mechanisms ◽  
Protection Of Human Rights

Changing and developing world outlook in modern society also has an impact on illegal behavior. As traditional methods do not meet the requirements of the time, ICTs are increasingly being used as a new method and tool for violating human rights and committing different offences. This also requires strengthening the fight against cybercrimes. In the article were put forward suggestions and recommenda-tions for the development of human rights protection mechanisms that have been violated by cybercrimes in the global information society.

Holes in the Rights Framework: Racial Discrimination, Citizenship, and the Rights of Noncitizens

2006 ◽  
Vol 20 (3) ◽  
pp. 321-347 ◽  
Author(s):  
James A. Goldston
Keyword(s):  
Human Rights ◽  
Racial Discrimination ◽  
Ethnic Origin ◽  
The Body ◽  
Citizenship Status ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Standards ◽  
Public Benefits ◽  
Human Rights Norms

In recent years, states have increasingly exploited their traditional discretion over matters of citizenship to carve out significant exceptions to the universality of human rights protection. This primarily occurs in two ways: through denial and deprivation of citizenship and through the imposition of illegitimate distinctions between citizens and noncitizens. The results of such actions may be physical expulsion, disenfranchisement, exclusion from access to public benefits, and acts of violence and discrimination. The potential for abuse is heightened for racial and ethnic minorities. Racial discrimination is a major cause of denationalization and restrictive access to citizenship. And citizenship status is often used as a proxy for racial grounds in justifying denial of other human rights. The treatment of noncitizens compellingly tests societies' commitments to the rule of law. This essay explores how human rights norms—particularly the body of law that forbids discrimination on grounds of racial or ethnic origin—can be deployed to combat the worst effects of citizenship denial and ill-treatment of non-citizens. It recommends that the problem be addressed through three principal activities: documentation and public education; clarification and distillation of legal standards related to citizenship; and enforcement of existing norms, including those prohibiting racial discrimination.

Universal declaration of human rights as a source of universal international legal standards of human rights

2020 ◽  
pp. 36-42
Author(s):  
Uliana Kuzenko
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Universal Declaration ◽  
Human Being ◽  
Legal Basis ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Standards ◽  
International Human

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.

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