scholarly journals Africa: Risk, Security and Mapping of Human Rights Violations

2018 ◽  
Vol 1 (1) ◽  
pp. 104-127
Author(s):  
Nicoletta Varani ◽  
Enrico Bernardini
Keyword(s):  
Human Rights ◽  
Political Violence ◽  
Social Indicators ◽  
Human Security ◽  
Migration Policy ◽  
Fundamental Rights ◽  
Sub Saharan Africa ◽  
Human Rights Violations ◽  
Human Needs ◽  
The Individual

Abstract Planetary interdependence makes the task of states and international organizations to guarantee security inside and outside national borders ever more urgent. The tendency is to widen the space from national to international and to conceive of security as multidimensional for the satisfaction of human needs, assumed as priority needs with respect to those of the States. The old concept of national security must today confront the new concept of human security cultivated within the United Nations, which places the fundamental rights of the individual and of people at the centre of attention and lays the foundations for overcoming the traditional politics of power. The concept of human security emphasises the security of the individual and his protection from political violence, war and arbitrariness. It takes account of the strong correlation between peace policy, human rights policy, migration policy and humanitarian policy. The contribution provides, through a series of social indicators such as the Global Peace Index (GPI), Corruption Perceptions Index (CPI) and the World International Security and Policy Index (WISPI), a framework on risk, security, human rights violations in the African continent and examines some significant case studies related to sub-Saharan Africa.

ARIO and Human Rights Protection: Leaving the Individual in the Cold

2012 ◽  
Vol 9 (1) ◽  
pp. 67-76 ◽  
Author(s):  
Armin von Bogdandy ◽  
Mateja Steinbrück Platise
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
Fundamental Rights ◽  
Legal Responsibility ◽  
Human Rights Violations ◽  
Public Authorities ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Individual ◽  
Private Associations

International organizations may be regarded as international public authorities, since their acts increasingly impinge on individuals, private associations, enterprises, States, or public institutions. However, this development has not been followed by the creation of a corresponding system of international legal responsibility for international organizations. Some are even seen as a risk to fundamental rights. The Articles on Responsibility of International Organizations (ARIO) bring some progress in this regard, but nevertheless leave the victims of human rights violations largely overlooked. The article analyses some of the achievements and gaps of ARIO with respect to human rights protection and explores the possibilities for victims of human rights violations to seek remedies against international organizations.

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 Role of Armed Police Force, Nepal to Protect and Promotion of Human Rights

2021 ◽  
Vol 4 (1) ◽  
pp. 120-130
Author(s):  
Surya Prasad Timilsena
Keyword(s):  
Human Rights ◽  
Criminal Activity ◽  
Armed Forces ◽  
Fundamental Rights ◽  
Police Force ◽  
Police Services ◽  
Moral Principles ◽  
The Individual ◽  
Human Rights Violation

 The present article reveals the role and policy of Armed Police Force Nepal in safeguarding human rights. One of the primary missions of the APF Nepal is to protect the citizens from criminal activity and criminal elements and to maintain public order. This duty includes protecting the rights of every citizen. Armed forces have the duty to protect the individual human rights of every person they encounter. This is an affirmative duty, meaning the police services cannot knowingly ignore or intentionally fail to act when a human rights violation is observed. The Armed Police Force has mandated tasks related to protection, promotion, respect and fulfillment of human rights from various aspects. The research has reached in conclusion: Human rights are moral principles or norms that describe certain standards of human behavior and are regularly protected as a legal right in municipal and international law. They are commonly understood as inalienable, universal and indivisible fundamental rights to which a person is inherently entitled simply because she or he is a human being. To achieve this objective APF Nepal has adopted zero tolerance in Human Rights violations and following national and international human rights instrument that have been adopted by Nepal.

Collective Reparations as a Partial Remedy for State-Perpetrated Blanket Violations of the Rights of Targeted Child Asylum Seeker Groups

2019 ◽  
pp. 339-368
Author(s):  
Sonja C. Grover
Keyword(s):  
Human Rights ◽  
International Law ◽  
Central America ◽  
Asylum Seeker ◽  
Zero Tolerance ◽  
Migration Policy ◽  
Human Rights Violations ◽  
The Us ◽  
Principles Of Justice

This article argues for the entitlement of discrete refugee groups to collective reparations for targeted state-perpetrated blanket grievous human rights violations against their group whether by the home, transit or prospective asylum state. A review of selected international law and international principles of justice are discussed as a grounding for the applicability of collective reparations in such a refugee context. The example is discussed of children from Central America who accompanied their parent or parents to the US-Mexican border in search of refugee asylum most of whom, but not all, crossed the US border irregularly and then were separated from their parents as a result of President Trump’s so-called ‘zero-tolerance’ migration policy and held in US custody. Over 500 of these children are still, at the time of writing, separated from their parents and for a significant number of those, their parents have been deported without them.

Implementation of UN Treaty Body Decisions: A Brief Insight for Practitioners

2020 ◽  
Vol 12 (1) ◽  
pp. 185-192
Author(s):  
Kate Fox Principi
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Current Situation ◽  
Human Rights Violations ◽  
Human Rights Treaties ◽  
Treaty Body ◽  
Human Rights Norms ◽  
The Individual ◽  
Do So ◽  
Individual Human

Abstract The United Nations human rights treaty bodies are independent bodies of experts tasked with monitoring the implementation by states parties of human rights treaties. These bodies monitor the implementation of treaties, inter alia, by making decisions on allegations of individual human rights violations under the individual complaints procedures (these decisions are officially referred to as ‘Views’). The number of complaints to the treaty bodies has increased exponentially since the first complaint was examined by the Human Rights Committee in 1977 and is expected to continue to rise. At the same time, a backlog in cases has increased, as resources have never matched the rise in cases to be considered. In addition, decisions in which the treaty bodies find violations of human rights are not always implemented—that is, states do not necessarily grant the victim of the violation the remedy prescribed by the treaty body examining the case. This current situation is taking place against a global backdrop of increased criticism of human rights: a global pushback against human rights, including from states which have been heretofore human rights supportive. Surely, the response from supporters of human rights should be to reinforce the importance and universality of the treaties as the foundation of human rights norms. This article seeks to demonstrate one way to do so by focusing on implementation of treaty body decisions in individual cases.

scholarly journals Collective violence and the culture of peace: researching the social psychology of memory and social reconciliation

2021 ◽  
pp. 11-16
Author(s):  
Nekane Basabe ◽  
Darío Páez
Keyword(s):  
Human Rights ◽  
Political Violence ◽  
Transitional Justice ◽  
Large Scale ◽  
Community Intervention ◽  
Human Rights Violations ◽  
Collective Violence ◽  
Psychosocial Effects ◽  
Post Conflict ◽  
Culture Of Peace

This monograph aims to disseminate the results of various research studies carried out in the field of social and community psychology. The studies focus on efforts to build a culture of peace in post-conflict contexts and societies that have suffered collective and socio-political violence, with multiple and persistent human rights violations. Six studies on the psychosocial effects of transitional justice rituals from Argentina, Colombia, Brazil, Basque country, Chile, and Ecuador compose this issue. This issue presents a series of results regarding the effects of reparation rituals and Truth Commissions, combining different methods and analysis strategies, including general population surveys, newspaper and social media content analysis, community intervention assessments and qualitative documentary analysis. Finally, two review books were included. First, a Peace Psychology Book that explores the implications and difficulties faced by societies that have experienced large-scale collective violence. Second, the problem of human rights violations and how to confront them, socio-political conflicts and the building of a culture of democracy and peace in Latin America are transversal axes of the chapters of this second book.

scholarly journals Can positive obligations of States serve as a remedy for human rights violations committed by juristic persons?

2018 ◽  
Vol 19 (1) ◽  
pp. 45-60
Author(s):  
Pavel Ondrejek
Keyword(s):  
Human Rights ◽  
Major Change ◽  
Case Law ◽  
The State ◽  
Fundamental Rights ◽  
Human Rights Violations ◽  
Legal Doctrine ◽  
Role Of The State ◽  
The Relationship

Abstract: Positive obligations of States to protect and implement human rights are considered a part of various effects of human rights in legislations. In this article, it is argued that a crucial problem arises from the inconsistent practice of addressing violations of human rights committed by juristic persons together with a lack of underlying general theory of liability for human rights violations committed by private entities. Without a major change in the legal doctrine and case-law, we will need to remain focused on the role of the State as a guarantor of human rights, rather than on the imposition of human rights obligations on private-law entities. In this article, it is argued that the nature of the relationship between a juristic person and the State is not the only relevant aspect, as we should also examine the activity of the juristic person in question.Keywords: Positive obligations of States. Juristic persons. State-juristic person nexus. Fundamental rights. Horizontal effect.Resumo: Obrigações estatais positivas de proteger e de implementar direitos humanos são parte dos vários efeitos dos direitos humanos nas legislações nacionais. Neste artigo, argumenta-se que um problema crucial decorre da prática de abordar violações de direitos humanos cometidas por pessoas jurídicas sem uma teoria geral da responsabilidade por violações de direitos humanos cometidas por entidades privadas. Sem uma mudança importante na doutrina e na jurisprudência será preciso permanecer olhando apenas para o papel do Estado como garantidor de direitos humanos. Neste artigo argumenta-se que a natureza da relação entre uma pessoa jurídica e o Estado não é o único aspecto relevante. É preciso examinar também a atividade da pessoa jurídica em questão.Palavras-chave: Obrigações positivas dos Estados. Pessoas jurídicas.

Legal Gender Beyond the Binary

2019 ◽  
Vol 33 (3) ◽  
pp. 403-429
Author(s):  
Susanne Lilian Gössl ◽  
Berit Völzmann
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
Court Decisions ◽  
European Court ◽  
The Individual

Abstract The article explores the fundamental rights regarding a person’s status registration as neither male nor female and, thus, gender registrations ‘beyond the binary’. The authors analyse the fundamental rights of the individual as codified in the European Convention on Human Rights (ECHR) and examine ‘third options’ in jurisdictions and recent court decisions in Europe. They analyse to what extent similar results might be achieved at the European Court of Human Rights (ECtHR).

Fundamental Rights of the Individual

1993 ◽  
Vol 10 (3) ◽  
pp. 340-366
Author(s):  
Mohammad H. Kamali
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Fundamental Rights ◽  
Literal Meaning ◽  
Precise Definition ◽  
Basic Rights ◽  
Selective Basis ◽  
Definition Of ◽  
The Individual

Despite the ubiquitous Occurrence of the word huqq in the works ofclassical jurists, a precise definition has never been articulated. Earlier religiousscholars have relied on its literal meaning, while modem scholarshave tried to provide a comprehensive definition. This essay looks intothe definition of haqq and ascertains, on a selective basis, some aspectsthat have engendered controversy and debate. It also discusses the tendencyin Islamic law to place greater emphasis on obligations than onrights. I have attempted to develop a perspective on this and have, in themeantime, ad&essed the suggestion by westem commentators that theShari'ah does not recognize rights, but only obligations.The answers given are partly the outcome of my reflections based onnearly a decade of intermittent research on basic rights and liberties in Islamiclaw. I have tried to advance an understanding of this basic and yetcomplex juridical issue and have related my analysis to the ongoing debateon the general subject of human rights. An adequate understandingof haqq in Islamic law quires looking into sseveral related themes, andmy attempt to do this has enabled me to identify the roots of what I regardto be a petsistent misunderstanding of Islamic law on this subject ...

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