scholarly journals Same sex relations, state crime and resistance

2021 ◽  
Author(s):  
◽  
Cara Gledhill
Keyword(s):  
Human Rights ◽  
Cultural Context ◽  
Human Rights Violations ◽  
Sexual Rights ◽  
Same Sex ◽  
Global Context ◽  
Lesbian And Gay ◽  
Civil Society Organisations ◽  
International Pressure

<p>This thesis explores the criminalisation of same sex relations in a global context, using a framework which centres the state as criminal. It argues that criminalising laws serve as hegemonic dictates, which condone and encourage violence perpetrated by state officials, as well as private individuals. The form of these laws, the punishments they mandate and the harms that lesbian and gay individuals suffer due to the existence of criminalisation is critically examined. The thesis shows that international legal progress in the area of 'sexual rights' has been painstakingly slow and that civil society organisations (CSOs) have been the driving force behind much of the change that has occurred. States have also been able to deny, minimise and neutralise challenges by the UN concerning criminalisation. Jamaica, a state which criminalises consensual sex between men, is provided as a case study in order to examine the ways in which criminalisation laws emerge, and the contemporary social and cultural context which supports their continued existence. Despite the climate of heterosexism in Jamaica, the continued work of CSOs means that information about human rights violations can be dispersed through a number of networks, allowing challenges to take place in the international arena. The thesis concludes by arguing that, while the work of CSOs offers great potential for change in the area, international pressure to repeal criminalising laws and address related human rights violations must continue.</p>

scholarly journals Same sex relations, state crime and resistance

2021 ◽  
Author(s):  
◽  
Cara Gledhill
Keyword(s):  
Human Rights ◽  
Cultural Context ◽  
Human Rights Violations ◽  
Sexual Rights ◽  
Same Sex ◽  
Global Context ◽  
Lesbian And Gay ◽  
Civil Society Organisations ◽  
International Pressure

<p>This thesis explores the criminalisation of same sex relations in a global context, using a framework which centres the state as criminal. It argues that criminalising laws serve as hegemonic dictates, which condone and encourage violence perpetrated by state officials, as well as private individuals. The form of these laws, the punishments they mandate and the harms that lesbian and gay individuals suffer due to the existence of criminalisation is critically examined. The thesis shows that international legal progress in the area of 'sexual rights' has been painstakingly slow and that civil society organisations (CSOs) have been the driving force behind much of the change that has occurred. States have also been able to deny, minimise and neutralise challenges by the UN concerning criminalisation. Jamaica, a state which criminalises consensual sex between men, is provided as a case study in order to examine the ways in which criminalisation laws emerge, and the contemporary social and cultural context which supports their continued existence. Despite the climate of heterosexism in Jamaica, the continued work of CSOs means that information about human rights violations can be dispersed through a number of networks, allowing challenges to take place in the international arena. The thesis concludes by arguing that, while the work of CSOs offers great potential for change in the area, international pressure to repeal criminalising laws and address related human rights violations must continue.</p>

scholarly journals THE POSSIBILITY OF THE RIGHT TO RELIGION EMERGING AS A JUS COGENS NORM (PART 2)

Obiter ◽  
2016 ◽  
Vol 37 (3) ◽  
Author(s):  
David Abrahams ◽  
Tayla Dye
Keyword(s):  
Human Rights ◽  
International Community ◽  
Previous Article ◽  
Republic Of Korea ◽  
Human Rights Violations ◽  
Jus Cogens ◽  
The Right ◽  
Near Future

This article follows a previous article published in Obiter Vol 2 of 2016. In that article the concept of jus cogens and its role in the international community, together with the nature of the right to religion, were discussed. In Part Two, the seriousness of such human rights violations needs to be appreciated by the international community at large. To this end, the Democratic People’s Republic of Korea will serve as a case study, examining the extent of the DPRK’s compliance of its obligations vis-à-vis the right to religion. This should ultimately lead to an understanding as to why the right to religion emerging as a jus cogens norm will not solve the problem of enforcement, and even if it could, due to the uncertainty surrounding the formation of jus cogens it is unlikely that other human rights will be added to the list in the near future.

scholarly journals Crimen en la playa de los Molles. La construcción de la verdad a propósito de una estudio de caso sobre la violación de Derechos Humanos en Chile | Crime on Playa Los Molles. The Crafting of Truth Based on a Case Study of Human Rights Violations in Chile

2019 ◽  
pp. 427
Author(s):  
Berta Rodrigo Mateu
Keyword(s):  
Human Rights ◽  
Mass Media ◽  
Social Responsibility ◽  
Human Rights Violations ◽  
Ethical Obligation ◽  
Derechos Humanos ◽  
The Media ◽  
Medios De Comunicacion ◽  
Estudio De Caso

Resumen: Los medios de comunicación tienen una responsabilidad indiscutible en la defensa y promoción de los Derechos Humanos. Más aún: tiene la obligatoriedad moral y ética de proporcionar informaciones basadas en la verdad y la objetividad. ¿Qué ocurre con los medios de comunicación en las dictaduras donde se ejerce de manera sistemática la violación de Derechos Humanos? ¿Qué responsabilidad social tienen estos en el sustento y pervivencia de las dictaduras? Este artículo ahonda en esta cuestión a propósito de un estudio de caso, el de la desaparición de la joven chilena Marta Hugarte durante la Dictadura del general Pinochet. Abstract: The Mass Media have an unquestionable responsibility in the defense and promotion of Human Rights. Moreover, they have the moral and ethical obligation to provide information based on truth and objectivity. What happens with the Media in dictatorships where the violation of Human Rights is systematically practiced? What social responsibility do these have in the sustenance and survival of dictatorships? This article delves into this question with regard to a case study, the disappearance of the young Chilean Marta Hugarte during the dictatorship of General Pinochet.

22. Transitional Justice

2016 ◽  
Author(s):  
Joanna R. Quinn
Keyword(s):  
Human Rights ◽  
Restorative Justice ◽  
Transitional Justice ◽  
Civil Conflict ◽  
Retributive Justice ◽  
Social Implications ◽  
Human Rights Violations ◽  
Difficult Question ◽  
The Social

This chapter examines the link between transitional justice and human rights. Atrocities such as genocide, disappearances, torture, civil conflict, and other gross violations of human rights leave states with a puzzling and often difficult question: what to do with the perpetrators of such acts of violence. Transitional justice takes into account the social implications of such conflicts. Its emphasis is on how to rebuild societies in the period after human rights violations, as well as with how such societies, and individuals within those societies, should be held to account for their actions. The chapter considers three paradigms of transitional justice, namely: retributive justice, restorative justice, and reparative justice. It also discusses the proliferation of the number of mechanisms of transitional justice at work and concludes with a case study of transitional justice in Uganda.

scholarly journals Human Rights Half Measures: Avoiding Accountability in Postwar Sri Lanka

2019 ◽  
Vol 72 (1) ◽  
pp. 121-163 ◽  
Author(s):  
Kate Cronin-Furman
Keyword(s):  
Human Rights ◽  
The Political ◽  
The West ◽  
Academic Literature ◽  
International Pressure ◽  
Human Rights Council ◽  
The Creation ◽  
Veto Points ◽  
Do So

AbstractWhy do repressive states create human rights institutions that cost them money and political capital but fail to silence international criticism? The academic literature assumes that states engaging in disingenuous human rights behavior are hoping to persuade (or deceive) liberal Western states and international advocates. But if human rights promoters in the West are the target audience for the creation of these half measures institutions, the strategy appears puzzlingly miscalculated. It reveals that the repressive state is sensitive to international opinion, and often results in increased pressure. The author argues that states engaging in human rights half measures are playing to a different, previously overlooked audience: swing states that can act as veto points on multilateral efforts to enforce human rights. The article illustrates these dynamics with a case study of Sri Lanka’s response to international pressure for postwar justice. The author shows that although the creation of a series of weak investigative commissions was prompted by pressure from Western governments and ngos, it was not an attempt to satisfy or hoodwink these actors. Instead, it was part of a coalition-blocking strategy to convince fellow developing states on the UN Human Rights Council to oppose the creation of an international inquiry and to give them the political cover to do so.

scholarly journals Religion in the Abortion Discourse in Singapore: A Case Study of the Relevance of Religious Arguments in Law-Making in Multi-Religious Democracies

2010 ◽  
Vol 26 (2) ◽  
pp. 505-539 ◽  
Author(s):  
Seow Hon Tan
Keyword(s):  
Social Issue ◽  
Human Rights ◽  
Minority Groups ◽  
Population Control ◽  
Minority Group ◽  
Same Sex ◽  
Full Support ◽  
Liberal Philosophy ◽  
Law Making

I … appeal to hon. Members to face up to the challenge on this important social issue and give their full support to the Bill. I do hope that they will not falter just because of some pressure, social or otherwise, brought to bear on them by some minority groups outside who, on account of their religious dogmas, desire to impose their will on the majority… I am certain that the opposing stand to this Bill taken by this minority group will also in the course of time end up in the dustbins of history.Abortion, along with same-sex unions, is perhaps one of the world's most polarizing issues today. Laws on abortion vary across different jurisdictions, from prohibiting abortion under all circumstances to freely allowing it without restriction as to reason. Unlike rights such as freedom from torture or of speech, failure to recognize abortion rights is not necessarily the product of illiberal governments known to abuse human rights, nor is allowing abortion indicative of a good human rights record. Extensive rights to terminate a pregnancy may be symptomatic of a government's policy for population control, as in the case of China, or it may be an expression of the liberal philosophy of autonomy, as in the case of Canada.

Lying, Denying, or Justifying?

2019 ◽  
Vol 11 (1) ◽  
pp. 38-64
Author(s):  
Mirjam Edel
Keyword(s):  
Human Rights ◽  
Authoritarian Regimes ◽  
Decision Makers ◽  
Future Research ◽  
Human Rights Violations ◽  
Negative Consequences ◽  
Ruling Elites ◽  
Main Strategy

In Tunisia under Ben Ali (1987–2011), marked human rights rhetoric coincided with intense repression. This points to a more general puzzle: what happens when authoritarian regimes uphold their repressive power maintenance agendas while simultaneously trying to avoid negative international consequences? This article argues that authoritarian decision-makers attempt to evade negative consequences from international audiences by applying cushioning strategies in the form of obfuscation, rhetorical justification and/or procedural justification. In that way, they adapt their repressive tactics and manipulate the visibility and perception of their repressive behavior. Ben Ali’s main strategy was to obfuscate, i.e. to deny and cover repression. However, as international audiences are far from applying the same yardstick to all human rights violations, ruling elites often repress targets differently depending on whether audiences have links and sympathy. Again, this becomes apparent in the Tunisian case study, from which hypotheses are generated for future research.

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