scholarly journals Protection against Sexual Violence in the Colombian Legal Framework: Obstacles and Consequences for Women Victims

2021 ◽  
Vol 18 (8) ◽  
pp. 4171
Author(s):  
Sandra M. Parra-Barrera ◽  
Nieves Moyano ◽  
Miguel Ángel Boldova ◽  
María del Mar Sánchez-Fuentes
Keyword(s):  
Human Rights ◽  
Sexual Violence ◽  
Women Victims ◽  
Personal Development ◽  
Well Being ◽  
Legal Framework ◽  
Regulatory Framework ◽  
Negative Consequences ◽  
International Treaties ◽  
Gender Based Violence

Sexual violence is a type of gender-based violence (GBV), as it is one of the different types of violence that is exerted against women. Sexual violence infringes fundamental human rights, and denies women’s dignity and self-determination, personal development, and well-being. Despite international treaties and a regulatory framework that legally protects Colombian women against sexual violence, it is necessary to know the effectiveness of this regulatory framework in Colombia. Therefore, the main objective of this research is to examine criminal legislation on crimes of sexual violence in Colombia with a dual purpose: first, to analyze procedural guarantees for women victims of sexual violence; second, to determine obstacles for victims of sexual violence in accordance with the legal framework. We used a legal interpretation method to perform an analysis and interpret the law. The results found that, although sexual violence is considered a type of crime, procedural guarantees are not effective as victims encounter serious obstacles with negative consequences, such as the violation of fundamental human rights.

scholarly journals Prolonged occupation: An analysis of obligations of the occupying powers in an occupied territory and contemporary challenges

2021 ◽  
Vol 2 (1) ◽  
pp. 24-37
Author(s):  
Sardar M. A. W. K. Arif
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Legal Aspects ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Treaties ◽  
Occupied Territory ◽  
The Subject

The International Law of Occupation (ILOC) regulates all kinds of occupation. However, the other bodies of law, such as, International Humanitarian Law (IHL) and International Human Rights Law (IHRL) also apply in times of occupation. These bodies of law create obligations especially on states and in particular, on the occupying powers. The presumption is that occupations are temporary in nature but why prolonged occupations? In this context, this article focuses on legal aspects of belligerent prolonged occupation. It evaluates the international legal framework and sources of belligerent prolonged occupation. While protection of civilians is central to the bulk of texts of international treaties and the occupiers have obligations, it investigates into obligations of the occupying powers in occupied territory by analysing the existing legal framework under IHL and IHRL. Further, it also discusses the provisions of ILOC. The argument developed throughout this article is that the occupying powers are under humanitarian and human rights obligations to guarantee the best possible protection of rights of occupied people in the case of prolonged occupation in particular and adding on that IHL and IHRL apply in complementarity in situations of prolonged occupation. For the purpose of this article, qualitative method is followed, and existing literature on the subject has been analysed. 

scholarly journals CHILD'S HEALTH CARE: LEGAL FRAMEWORK AND ONGOING CHALLENGES

2020 ◽  
Vol 73 (12) ◽  
pp. 2789-2794
Author(s):  
Oleksandr V. Petryshyn ◽  
Marianna I. Liubchenko ◽  
Oleksii O. Liubchenko
Keyword(s):  
Health Care ◽  
Human Rights ◽  
International Law ◽  
Well Being ◽  
Children's Rights ◽  
Legal Framework ◽  
Private Life ◽  
Children’S Rights ◽  
Dialectical Approach ◽  
Legal Method

The aim: Is to analyze the development of the modern legal framework for child's health care, to clarify the benefits of a human rights-based approach, which is now is mainstreaming for understanding the right of children to health and means of its protection. Materials and methods: To achieve this goal, as well as taking into account the specifics of the topic, the following research methods became relevant: the application of a dialectical approach and historical method made it possible to understand the patterns of formation and development of ideas of children's rights and health within the international community and national states; formal-legal method was used when studying legal texts (international law acts, both of universal and regional level, interpretation and clarification of human rights treaty bodies, expert reports and research, case law), and comparative-legal was used to compare different approaches on health protection in various international human rights mechanisms (US Supreme Court, Council of Europe). Conclusions: Today, perceptions of children's rights at the doctrinal and jurisprudential levels are quite developed due to a broad understanding and openness to progressive interpretation. In particular, the inclusion into the legal context such determinants as the inviolability of the dignity and private life of the child, proper understanding of the stages of adulthood, and an assessment of the child's developmental environment has made modern international law and national legal systems to become more viable in sense of protection of child's well-being in today's world.

scholarly journals International legal regulation of the right to adequate environment

2003 ◽  
Vol 55 (1) ◽  
pp. 89-103
Author(s):  
Vid Vukasovic
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Environmental Law ◽  
Well Being ◽  
Legal Regulation ◽  
Environmental Legislation ◽  
International Treaties ◽  
Aarhus Convention ◽  
The Right ◽  
The Eu

The article deals with some key issues concerning the evolution of the concept of the right to adequate environment. The evolution took several decades to reach the present state in which it is obvious that the right has been accepted as one of the so called third generation human rights by both doctrine and practice, in international environmental law as well as in national environmental legislation of a number of countries. In the first phase of development only some elements of the right existed within the ?classical? human rights (the right to life, the right to health etc.) of so called first and second generation. The turning point was the UN Stockholm 1972 Conference on the environment. The right was inserted in the first principle, of the Declaration accepted by the conference, and already had most of its main elements: the right to adequate living conditions in an environment with the quality that not only guarantees healthy life but a life in dignity and well-being. After the Stockholm Conference, the right was embraced by a part of the doctrine, and increasingly mentioned and discussed within the frame of the UNEP, the relevant UN specialized agencies, as well as by some other international organizations active in the field of environmental protection. The result of this acceptance was an increasing insertion of the right in international treaties as well as in various declaratory documents, on both universal and regional levels. The author devotes a part of his article to the development in Europe, and especially to the work of the Council of Europe, the UN Economic Commission for Europe (UNECE) and the EU. The author believes that most important development in Europe occurred within the ?Environment for Europe Process?, under the aegis of the UNECE. The result of it was signing of the Aarhus Convention (1998), one of most important international treaties signed until now. First of all, it regulates two important fields - protection of human rights and protection of environment. In it not only the right to adequate environment is explicitly mentioned in the Art. 1, but the main elements of the right are regulated in detail. The three ?pillars? of the Convention are devoted to the right to environmental information, the right of citizens to participate in environmental matters and the right to access to justice in matters concerning the environmental protection. It should be added that the Aarhus Convention has become a part of the EU legislation. Due to that, the whole process of implementation of the convention has become unavoidable for all candidate countries, as a proof of their intent to apply in practice environmental legislation and to democratise their societies.

scholarly journals Do Animals Have Any Rights in Slovakia?

2021 ◽  
Vol 30 (3) ◽  
pp. 47-65
Author(s):  
Martin Dufala ◽  
Lenka Grešová
Keyword(s):  
Human Rights ◽  
Animal Welfare ◽  
Animal Rights ◽  
Environmental Law ◽  
Well Being ◽  
Legal Framework ◽  
Animal Protection ◽  
Favourable Environment

This article focuses on assessing whether the current Slovak legal framework provides animals with a sufficient level of protection against cruelty and maltreatment. Past and current Slovak legislation on animal protection was analyzed in light of the major animal welfare challenges that Slovakia faces today. Contrary to what the title of the study suggests, a different approach was chosen to strengthen the protection of animals – not through the concept of animal rights, but the concept of human rights to a favourable environment. In addition, the possibility of using the already existing environmental law legal instruments when the well-being of animal is threatened was discussed.

scholarly journals A importância dos ODS – Objetivos de Desenvolvimento Sustentável, no desafio da educação para os direitos humanos

2021 ◽  
Vol 9 (1) ◽  
pp. 275-296
Author(s):  
Tânia Ribeiro Libório
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Sustainable Development Goals ◽  
Well Being ◽  
Human Beings ◽  
International Treaties ◽  
Derechos Humanos ◽  
Sao Tome And Principe ◽  
Development Goals ◽  
The Individual

Os Direitos Humanos não são aprendidos estudando-os, mas praticando-os diariamente em todos os contextos, em que o ser humano se desenvolve. São essenciais para desfrutar de uma vida digna, baseada na liberdade, igualdade e dignidade, e refletida nos tratados internacionais, bem como nas constituições de cada Estado. Numa perspetiva histórica, os Direitos Humanos foram-se construindo como uma forma de resistência à opressão e busca pelo bem-estar do indivíduo, grupos ou de comunidades inteiras. Ao longo da história, eles passaram por transformações, para conceituar, especificar e ampliar aqueles incluídos na Declaração Direitos Humanos Universais, de 1948. Os indivíduos tornam-se agentes de mudança no mundo, atuando contra as injustiças, através da concretização dos ODS – Objetivos de Desenvolvimento Sustentável. Eles precisam de conhecimentos, habilidades, valores e atitudes que lhes permitam contribuir para o desenvolvimento sustentável. A educação é crucial para a consecução deste desenvolvimento. Pretende-se demonstrar aqui a importância dos ODS, especificamente respeitante a: alterações climáticas e educação para os direitos humanos. Apresentamos os projetos desenvolvidos na Síria, em São Tomé e Príncipe, no Brasil e em Portugal, e as suas tendências para o futuro, tendo em conta as metas a atingir em cada ODS, e como este aspeto pode influenciar o desenvolvimento humano e tornar o mundo mais harmonioso, mais justo e igualitário.   La importancia de los ODS - Objetivos de Desarrollo Sostenible, en el desafío de la educación para los derechos humanos Los derechos humanos no se aprenden al estudiarlos, sino al practicarlos diariamente en todos los contextos donde se desarrollan los seres humanos. Son esenciales para disfrutar de una vida digna, basada en la libertad, la igualdad y la dignidad, reflejada en los tratados internacionales, así como en las constituciones de cada estado. Desde una perspectiva histórica, los derechos humanos se han construido como una forma de resistencia a la opresión y la búsqueda del bienestar del individuo. A lo largo de la historia, han sufrido transformaciones, para conceptualizar y especificar los incluidos en la Declaración Universal de Derechos Humanos de 1948. Los individuos se convierten en agentes de cambio en el mundo, actuando contra las injusticias, a través del logro de los ODS - Objetivos de Desarrollo Sostenible. Necesitan conocimientos, habilidades, valores y actitudes que les permitan contribuir al desarrollo sostenible. Por lo tanto, la educación es crucial para el logro de este desarrollo. Su objetivo es demostrar la importancia de los ODS, específicamente en relación con el cambio climático y la educación para los Derechos Humanos. Presentamos los proyectos desarrollados en Siria, Santo Tomé y Príncipe, Brasil y Portugal, y sus tendencias para el futuro, teniendo en cuenta los objetivos a alcanzar en cada ODS, y cómo este aspecto puede influir en el desarrollo humano y hacer que mundo más armonioso, más justo y más igualitario. Palabras clave: Derechos humanos. ODS. Educación.   The importance of the SDGs - Sustainable Development Goals, in the challenge of education for human rights Human rights are not learned by studying them, but by practicing them daily in all contexts where human beings develop. They are essential to enjoy a dignified life, based on freedom, equality and dignity, reflected in international treaties, as well as in the constitutions of each state. From a historical perspective, human rights have been built as a form of resistance to oppression and the search for the well-being of the individual. Throughout history, they have undergone transformations, to conceptualize and specify those included in the 1948 Universal Human Rights Declaration. Individuals become agents of change in the world, acting against injustices, through the achievement of the SDGs - Sustainable Development Goals. Education is therefore crucial to the achievement of this development. It is intended to demonstrate the importance of the SDGs, specifically regarding climate change; education for human rights. We present the projects developed in Syria, São Tomé and Príncipe, Brazil and Portugal, and their trends for the future, taking into account the goals to be achieved in each SDG, and how this aspect can influence human development and make the more harmonious, fairer and more egalitarian world. Keywords: Human rights. ODS, Education.

scholarly journals Prohibition of trafficking in human beings under the auspices of human rights

2021 ◽  
Vol 63 (2) ◽  
pp. 5-26
Author(s):  
Tijana Šurlan
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Legal Framework ◽  
Constitutional Court ◽  
Human Beings ◽  
International Treaties ◽  
Theoretical Formulation ◽  
European Court ◽  
Trafficking In Human Beings ◽  
The Republic

The following work is dedicated to the consideration of the prohibition of human trafficking from the aspect of human rights. The initial thesis is that human trafficking cannot be reduced only to the criminal law aspect, but that by standardizing this prohibition within the constitutions and international treaties in the field of human rights, this institute is positioned hierarchically at the highest level of the legal order. In the first part of the paper, the legal framework is examined, primarily international law and then constitutional law. The second part analyzes the decisions of the European Court of Human Rights and the Constitutional Court of the Republic of Serbia. The analysis of courts` decisions was used as a basis for the theoretical formulation of the most important aspects of the prohibition of trafficking in human beings as a category of human rights. Special emphasis was placed on the consideration of the positive obligations of the states undertaken by the ratification of international treaties in the field of human rights and the matter of the fight against human trafficking.

Conflict period sexual violence against women: Promise of the vulnerability theory

2020 ◽  
Vol 8 (1) ◽  
pp. 65-85
Author(s):  
Judith A Oloo
Keyword(s):  
Sexual Violence ◽  
Large Scale ◽  
Legal Framework ◽  
Armed Conflicts ◽  
Sub Saharan Africa ◽  
Gender Based Violence ◽  
Conflict Situations ◽  
Sub Saharan ◽  
Vulnerability Theory ◽  
Gender Based

Compared to most countries in sub-Saharan Africa, Kenya has, for a long time, enjoyed relative peace. However, this perceived peace has been marked with several incidents of internal clashes exposing women to large-scale gender-based sexual violence. While sexual violence is generally common in peacetime, it is exacerbated in conflict situations such as the post-election violence of 2007–2008 which saw mass incidents of rape and unprecedented killings in Kenya. This happened despite a robust legal framework prohibiting sexual violence. This article shows that the state’s to take cognisance of certain issues uniquely affecting women in Kenya in various aspects and contexts accumulate to disadvantage women, thereby making them more vulnerable. Second, the state’s failure to respond adequately to the unique plight of women during peacetime further exacerbates their suffering during armed conflicts. Thus, in a bid to find a better legal framework to protect women during conflict in Kenya, this article analyses the vulnerability theory of human rights which acknowledges that humans are generally and naturally vulnerable to certain elements. It concludes by stating that only when the vulnerability of women is understood and appreciated, can the law be effectively used to protect women against sexual and gender-based violence in conflict situations, among other hardships that women face, just by virtue of being women. It proposes among others a multidimensional approach including law reform, strict implementation of the existing law, economic inclusion of women and more investment in women as a remedy.

An Appraisal of Abortion Laws in Southern Africa from a Reproductive Health Rights Perspective

2004 ◽  
Vol 32 (4) ◽  
pp. 708-717 ◽  
Author(s):  
Charles Ngwena
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Gender Discrimination ◽  
Sexual Exploitation ◽  
Well Being ◽  
Sexual Rights ◽  
World Conference ◽  
Gender Based Violence ◽  
Gender Based ◽  
Reproductive And Sexual Rights

The World Conference on Human Rights (the Vienna Conference) that was held in Vienna in 1993, marked an important beginning in the recognition of reproductive and sexual rights as human rights. Among other goals, the Vienna Conference sought to end gender discrimination in all its manifestations; gender-based violence, sexual harassment, and sexual exploitation. However, the turning point for the development of reproductive and sexual rights was the consensus that emanated from the International Conference on Population and Development held in Cairo in 1994 (the Cairo Conference), and the Fourth World Conference on Women in held in Beijing 1995 (the Beijing Conference) as evidenced by the programs for action that were adopted.The Cairo Conference defined reproductive health as “a state of complete physical, mental and social well-being and not merely the absence of infirmity, in all matters relating to the reproductive system and to its functions and processes.”

Part II A View Through Illustrative Contracts and Harmonizing Instruments, 15 Transactions in Securities

2015 ◽  
Keyword(s):  
Legal Framework ◽  
Regulatory Framework ◽  
Property Law ◽  
International Treaties ◽  
Insolvency Law ◽  
Conflict Of Laws ◽  
Paper Form ◽  
The Hague ◽  
The Law

Chapter 15 examines the transnational legal framework for intermediated securities. It describes the shift from a world in which securities were primarily held and traded in paper form to a market in which they are held in immobilized or dematerialized form and traded through intermediaries. This shift required changes to national and regional legislation and resulted in the adoption of two international treaties: the Hague and Geneva Securities Conventions. The chapter pays attention to aspects of property law, the law of obligations, insolvency law, conflict of laws, and the regulatory framework for intermediated securities. Particular information is provided on financial collateral transactions and close-out netting.

Legal Framework to Gender-Based Violence, Sexual and Reproductive Health Rights of Indigenous Women in Cameroon

2019 ◽  
Vol 11 (4) ◽  
pp. 371-387
Author(s):  
Patrick Ageh Agejo
Keyword(s):  
Reproductive Health ◽  
Indigenous Communities ◽  
Well Being ◽  
Good Health ◽  
Legal Framework ◽  
Indigenous Women ◽  
Gender Based Violence ◽  
The Government ◽  
Gender Based ◽  
The Right

AbstractMen and women have different health profiles which necessitate different health needs, as a result of their biology and their distinct status in society. Discrimination and harmful traditional practices in many societies in the global south further affect the reproductive health of indigenous women. The paper will highlight discrimination against women in patriarchal indigenous communities in Cameroon. The paper focuses on violations that affect women’s reproductive health. The paper will discuss these violations in light of the country’s commitment to Sustainable Development Goal No. 3 on good health and well-being and Goal No. 5 on gender equality. The paper will also highlight the national and international laws addressing the right to the reproductive health of indigenous women. It will also examine gender-sensitive interventions, legislation and policies put in place by the indigenous community and the Government of Cameroon if any. The paper will end with conclusion and suggestions/recommendations on ways to improve the reproductive health of indigenous women in Cameroon.

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