scholarly journals Frontier Crimes Regulations (FCR), Status of Fundamental Human Rights in FATA and Pakistan’s International Obligations

2016 ◽  
Vol I (II) ◽  
pp. 74-97
Author(s):  
Khan Noor Hamid ◽  
Zubair Muhammad ◽  
Hussan Sumbul
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Participant Observation ◽  
Research Paper ◽  
Native People ◽  
Equal Treatment ◽  
International Human Rights Law ◽  
Colonial Era ◽  
North West ◽  
Secondary Sources

After taking control of the North West Frontier from Sikhs, British India introduced a special legal and administrative system, Frontier Crimes Regulation (FCR) in the early 1870s to administer the frontier. The suppression of resistance to British rule from the native people being its main objective, this special code was in violation of the very fundamental human rights. In this research paper, the researcher will give a brief overview of FCR and will highlight the harsh nature of this colonial-era regulation which violates basic rights of people of Federally Administered Tribal Areas (FATA). The paper will analyze the implications of FCR for the rights including right to self-determination, equality between man and women, freedom of expression, freedom of religion, right to peaceful assembly and protest, and equal treatment before law. International Human Rights Law (IHRL) will be applied as theoretical framework for this paper. This research paper is based on both primary and secondary sources. Interviews, participant observation, colonial era reports and documents include in primary sources. The method for this analysis will be first to state very briefly as to what standards the articles of the ICCPR demand of states parties to it, and then explain in detail the actual position of these rights in FATA.

scholarly journals Content Moderation Technologies: Applying Human Rights Standards to Protect Freedom of Expression

2020 ◽  
Vol 20 (4) ◽  
pp. 607-640
Author(s):  
Thiago Dias Oliva
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
International Human Rights Law ◽  
Access To Information ◽  
Legal Analysis ◽  
Human Rights Law ◽  
Legal Perspective ◽  
Current Content ◽  
Human Rights Standards

Abstract With the increase in online content circulation new challenges have arisen: the dissemination of defamatory content, non-consensual intimate images, hate speech, fake news, the increase of copyright violations, among others. Due to the huge amount of work required in moderating content, internet platforms are developing artificial intelligence to automate decision-making content removal. This article discusses the reported performance of current content moderation technologies from a legal perspective, addressing the following question: what risks do these technologies pose to freedom of expression, access to information and diversity in the digital environment? The legal analysis developed by the article focuses on international human rights law standards. Despite recent improvements, content moderation technologies still fail to understand context, thereby posing risks to users’ free speech, access to information and equality. Consequently, it is concluded, these technologies should not be the sole basis for reaching decisions that directly affect user expression.

Lois Mémorielles in Post-Genocide Societies: The Rwandan Law on Genocide Ideology under International Human Rights Law Scrutiny

2014 ◽  
Vol 27 (2) ◽  
pp. 419-445 ◽  
Author(s):  
PIETRO SULLO
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Freedom Of Expression ◽  
European Countries ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
Human Rights Standards

AbstractThis article discusses the Rwandan Law 18/2008 on genocide ideology in the light of international human rights standards. In order to put the genocide ideology law into context, it sketches a brief overview of the post-genocide scenario. Because of the influence that provisions restricting freedom of expression aimed at fighting negationism might exert on testimonies during genocide trials, it pays particular attention to the transitional justice strategies adopted in Rwanda. Finally, it assesses the law on the genocide ideology against the background provided by the measures implemented in some European countries to deal with the phenomenon of negationism.

scholarly journals Freedom of Expression in Malaysia: Compatibility with the International Human Rights Standard

BESTUUR ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 44
Author(s):  
Saidah Fasihah Binti Che Yussoff ◽  
Rohaida Nordin
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Legal Framework ◽  
International Standards ◽  
Freedom Of Information ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
International Human

<p>Malaysia is likely to introduce new laws on freedom of information. However, the important questions are whether the said laws are effective and will have enough bite with the public looking forward to opening government policy. Freedom of information has developed under international human rights law as the right to freedom of expression, including the freedom to seek, receive and impart knowledge and ideas through media, regardless of any frontier. This paper aims to examine freedom of expression under the international realm, scrutinize the said freedom in the Malaysian legal framework, and discuss the proposed enactment of freedom of information laws in Malaysia in conformity with international human rights law. This research uses the qualitative research method. This paper concludes that freedom of information in Malaysia is severely impeded by the enforcement of the Official Secret Act. This paper calls for the repeal or amendment to the Act in conformity with international standards.  </p><p><strong>Keywords</strong><strong>:</strong> Expression; Freedom; Expression; Human Right.</p>

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 Securing the Future of Copyright Users’ Rights in Canada

2018 ◽  
Vol 35 ◽  
pp. 11-39 ◽  
Author(s):  
Saleh Al-Sharieh
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Freedom Of Expression ◽  
Copyright Law ◽  
Supreme Court Of Canada ◽  
International Human Rights Law ◽  
Political Rights ◽  
Cultural Rights ◽  
Exceptions And Limitations ◽  
Human Rights Based Approach

The Copyright Act includes a set of copyright infringement exceptions that permit the unauthorized use of copyrighted works in order to serve public interest objectives. The Supreme Court of Canada liberally interpreted these exceptions as “users’ rights” by relying on the purpose of the Act, understood as a balance between the authors’ right to be rewarded for their works and the public interest in the dissemination and use of works. The utility of copyright balance to safeguard users’ rights is uncertain. The Act does not explicitly adopt “balance” as a purpose. National and international copyright law traditionally recognize the users’ side in the copyright law balance in copyright exceptions and limitations. And, in copyright law discourse, different stakeholders propose and defend conflicting forms of balance. Therefore, the paper argues that a human rights-based approach to copyright exceptions is more persuasive in justifying their interpretation as users’ rights. Copyright users’ rights mirror the content of the human rights to participate in culture, education, and freedom of expression, which Canada is obliged to implement as a State Party to the International Covenant on Economic, Social and Cultural Rights and International Covenant on Civil and Political Rights. The proposed approach would align the discourse with key elements of Canadian jurisprudence: (1) human rights as reinforcers of the rule of law; (2) international human rights law as an interpretive tool for Canadian courts; and (3) the need to interpret Canadian legislation in a manner that does not breach international obligations.

scholarly journals Inequality and the Human Right to Tuition-Free Higher Education: Mobilizing Human Rights Law in the German Movement against Tuition Fees

2021 ◽  
pp. 1-25
Author(s):  
Jonathan C. Beck
Keyword(s):  
Human Rights ◽  
Social Inclusion ◽  
Participant Observation ◽  
Effective Means ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Tuition Fees ◽  
Structured Interviews ◽  
International Human Rights ◽  
International Human

Why do activists employ international human rights law in domestic policy disputes and to what effect? Can international human rights law play an important role in cases where its direct application and justiciability by domestic courts is questionable? This study considers these questions in the area of socioeconomic rights by analyzing the mobilization of human rights law in the German social movement against tuition fees. Whereas legal mobilization theory is broadly concerned with the invocation of law on behalf of political demands, this article emphasizes discursive opportunity structures and vernacularization to make sense of which rights are adopted, why, and with what impact. I draw on content analysis of movement and political party documents, court decisions, and news reports as well as semi-structured interviews and participant observation. I find that activists in Germany were not naive about human rights. Instead, activists invoked human rights to resist political elites’ framing of education as a private good and students as consumers and to broaden the issue to include social inclusion and justice throughout the German education system. The mobilization of human rights law also was an effective means by which activists generated media attention and pressured politicians.

Vitalising International Human Rights Law as Legal Authority: Freedom of Expression Enjoyed by Australian Public Servants and Article 19 of the International Covenant on Civil and Political Rights

2020 ◽  
Vol 43 (3) ◽  
Author(s):  
Azadeh Dastyari
Keyword(s):  
Human Rights ◽  
Political Communication ◽  
Freedom Of Expression ◽  
Legal Framework ◽  
International Human Rights Law ◽  
Political Rights ◽  
Public Servants ◽  
Public Servant ◽  
International Obligations ◽  
Civil And Political Rights

Michaela Banerji was a Commonwealth public servant when she was fired for sending up to 9000 messages on the public platform twitter criticising her employer; Australia’s human rights record; politicians; and public servants. The tweets did not disclose Ms Banerji’s name or occupation and all (except for one) tweet was sent in Ms Banerji’s private time. In 2019, the High Court confirmed that Ms Banerji’s tweets were not protected by the implied freedom of political communication in the Australian Constitution. Ms Banerji is not alone in having her ability to communicate her political views limited by her employment with the Australian public service. All Commonwealth public servants are bound by a legal framework that curtails their ability to criticise government policies. This article argues that the current regime restricting political communication by public servants in Australia is excessive and is not consistent with Australia’s international obligations under article 19 of the International Covenant on Civil and Political Rights.

Hate-speech laws: consistency with national and international human rights law

Legal Studies ◽  
1998 ◽  
Vol 18 (4) ◽  
pp. 453-485 ◽  
Author(s):  
Dominic McGoldrick ◽  
Thérèse O'Donnell
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Political Agenda ◽  
The Political ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Anti Semitism ◽  
International Human

Racism has climbed the political agenda at national, European and international levels. Reports from national and international non-governmental organisations (NGO’s) and inter-governmental organisations have focused considerable attention on racism and xenophobia and document an increase in racism, xenophobia, anti-Semitism and race-related activities. As racism has climbed the political agendas, so there has been a substantial increase in the number of national, European and international legal instruments devoted to it. In particular, race-related restrictions on freedom of expression (‘hate-speech’) are increasing and seem likely to continue to do so. Such restrictions give rise to controversy in terms of constitutionality, legal policy and consistency with European and international human rights law. There are also differences of views between the policies of NGO's on restrictions on racist speech.

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