Are human rights archives accessible? Challenges and possible solutions to improve access for Dealing with the Past initiatives

Comma ◽  
2021 ◽  
Vol 2020 (1-2) ◽  
pp. 139-150
Author(s):  
Romain Ledauphin ◽  
Claudia Josi ◽  
Rahel Siegrist
Keyword(s):  
Human Rights ◽  
Truth Commissions ◽  
Records Management ◽  
Maturity Model ◽  
Humanitarian Law ◽  
The Past ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Federal Department ◽  
Definition Of

Records and archives containing information relating to grave violations of human rights and international humanitarian law represent a fundamental source for, and can become trustworthy documentary evidence within, Dealing with the Past (DWP) processes including truth commissions, criminal tribunals, reparation programs, vetting processes and outreach projects. Those intergovernmental organizations (IGOs) and international non-governmental organizations (INGOs) working in the fields of human rights and peace and security are themselves important observers and actors in DWP processes and hence their records and archives are highly relevant to DWP initiatives. Such organizations should therefore be transparent and be able to facilitate DWP processes by granting access to their records. Given the International Council on Archives’ definition of “access” as relating to “… the availability of records for consultation as a result both of legal authorization and the existence of finding aids”, and the experience of swisspeace in advising DWP initiatives on collecting evidence and improving records management capacity, swisspeace together with the Swiss Federal Department of Foreign Affairs developed a roadmap which centres on the development of an “archives accessibility maturity model”. This tool will not only improve hands-on access in practice, but will ultimately improve knowledge about the multi-layered complexity of archives’ accessibility, strengthening the capacity of IGOs, INGOs and DWP initiatives to design and implement their access regulations, and thereby improving DWP initiatives’ ability to make successful access requests.

International Humanitarian Law and Human Rights Law

1993 ◽  
Vol 33 (293) ◽  
pp. 94-119 ◽  
Author(s):  
Louise Doswald-Beck ◽  
Sylvain Vité
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Affairs ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The United Nations

International humanitarian law is increasingly perceived as part of human rights law applicable in armed conflict. This trend can be traced back to the United Nations Human Rights Conference held in Tehran in 1968 which not only encouraged the development of humanitarian law itself, but also marked the beginning of a growing use by the United Nations of humanitarian law during its examination of the human rights situation in certain countries or during its thematic studies. The greater awareness of the relevance of humanitarian law to the protection of people in armed conflict, coupled with the increasing use of human rights law in international affairs, means that both these areas of law now have a much greater international profile and are regularly being used together in the work of both international and non-governmental organizations.

Torture Behind Bars

2020 ◽  
Author(s):  
Joshua N. Aston
Keyword(s):  
Human Rights ◽  
Police Force ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Legal Regime ◽  
International Human Rights ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
International Human

Although considered an ancient concept, torture is still practised globally, and with more meticulousness and sophistication than ever before. Custodial violence refers to a form of torture that is experienced physically, psychologically, or emotionally in the custody of a lawful authority. The international legal regime on torture is an area of convergence between international human rights law and humanitarian law, both of which condemn torture in any form. Torture Behind Bars analyses the context of torture and ill-treatment of prisoners and crimes committed by the members of the police force. This may be in the form of custodial violence, or may begin from the point of detention and continue to the point of post-custody. The author reviews the role and accountability of the police force in India in the light of the reports of various national and international human rights committees, non-governmental organizations, and other independent reports. The book highlights several such cases which blatantly disregard the law meant for upholding the human rights and dignity of the individuals.

Psychiatric commitment: over 50 years of case law from the European Court of Human Rights

2006 ◽  
Vol 21 (7) ◽  
pp. 427-435 ◽  
Author(s):  
G. Niveau ◽  
J. Materi
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Time Frame ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
European Court ◽  
Right To Information ◽  
Definition Of ◽  
Respective Number

AbstractPurposeTo extensively review the European Court of Human Rights (ECHR) case law concerning psychiatric commitment, and to estimate the role of this supranational jurisprudence in the practice of contemporary psychiatry.MethodUsing keywords to search the ECHR computerized database “HUDOC”, we reviewed all cases concerning psychiatric commitment registered between September 1953 and December 31, 2004. Four groups were identified: applications declared inadmissible; applications accepted but not judged by the Court; pending cases; and cases judged by the Court.ResultsOf the almost 118,000 decisions taken by the ECHR in this time frame, we found 108 situations concerning psychiatric commitment. Forty-one of these applications were considered by the Court to be inadmissible. Twenty-four other cases were considered admissible but not judged by the ECHR. Three admissible cases were still pending at the end of 2004. The ECHR judged 40 cases, and found in 35 of them that one or several rights as guaranteed by the Convention had been violated.DiscussionThe ECHR protects the human rights of persons subjected to involuntary psychiatric commitment by creating supranational law in the following areas: definition of “unsoundness of mind”; conditions of lawfulness of detention; right to a review of detention by a Court; right to information; right to respect for private and family life; and conditions of confinement, which address inhuman and degrading treatment. The respective number of applications submitted to the ECHR did not depend on when the Convention had entered into force in that country.ConclusionThe possibility of an individual to access the ECHR depends on the degree of democracy in his country and on the access to legal assistance through non-governmental organizations or individual intervening parties.

Codification of international rules on internally displaced persons: An area where both human rights and humanitarian law considerations are being taken into account

1998 ◽  
Vol 38 (324) ◽  
pp. 463-466 ◽  
Author(s):  
Robert K. Goldman
Keyword(s):  
Human Rights ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Humanitarian Law ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Guiding Principles ◽  
Executive Boards

This past April the Representative of the United Nations Secretary-General on Internally Displaced Persons, Francis M. Deng, presented to the UN Commission on Human Rights, at its 54th session, a report with an addendum entitled Guiding Principles on Internal Displacement (hereinafter “Guiding Principles”). The Commission adopted by consensus a resolution co-sponsored by more than 50 States which, inter alia, took note of the decision of the Inter-Agency Standing Committee welcoming the Guiding Principles and encouraging its members to share them with their Executive Boards, and also of Mr. Deng's stated intention to make use of these principles in his dialogue with governments and intergovernmental and non-governmental organizations. These principles are an important milestone in the process of establishing a generally accepted normative framework for the protection of the estimated 20 to 25 million internally displaced persons worldwide.

scholarly journals Promoting compliance of private security and military companies with international humanitarian law

2006 ◽  
Vol 88 (863) ◽  
pp. 613-636 ◽  
Author(s):  
Benjamin Perrin
Keyword(s):  
Human Rights ◽  
Corporate Strategy ◽  
Private Security ◽  
International Committee ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Governmental Organizations ◽  
Post Conflict ◽  
Non Governmental Organizations

AbstractPrivate security and military companies have become a ubiquitous part of modern armed conflict and post-conflict reconstruction. Their diverse clients include governments in the developed and developing world alike, non-state belligerents, international corporations, non-governmental organizations, the United Nations, and private individuals. The implications of this proliferation of private security and military companies for international humanitarian law and human rights are only beginning to be appreciated, as potential violations and misconduct by their employees have come to light in Iraq and Afghanistan. The author critically examines the theoretical risks posed by private military and security company activity with respect to violations of international humanitarian law and human rights, together with the incentives that these companies have to comply with those norms. Empirical evidence is also presented to expand on this theoretical framework. Taking a multidisciplinary approach, the author draws on law, international relations theory, criminology, economics, corporate strategy and political economy, as well as psychology and sociology, to analyse the competing “risk-factors” and “compliance levers” that interact at each level of private military and security company activity to enhance or reduce the likelihood of a violation occurring. These findings are then applied by the author to assess emergent measures to deal with private security and military companies outside the legal sphere, including a programme of the International Committee of the Red Cross and the advent of the International Peace Operations Association.

Rozwój uniwersalnej ochrony praw człowieka

2016 ◽  
Vol 14 (14) ◽  
pp. 81-98
Author(s):  
Dawid Michalski
Keyword(s):  
Human Rights ◽  
Developmental Stages ◽  
International Community ◽  
Fundamental Rights ◽  
Contemporary World ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Definition Of ◽  
Globalized World ◽  
Individual Human

The development of human rights in contemporary world was possible due to the application the achievements of legal philosophers. First of all, medieval thinkers laid the groundwork for today’s organized system of recognizing the important values which today define universal human rights. The United Nations, as the successor of the concepts of the League of Nations, is the entity which internationalized this issue. Trying to create a definition of human rights draws attention to the essential value of this concept, that is, dignity and freedom. Despite the difficulties in formulating a clear definition it was tried to describe them and extract the directory common. Analyzing human rights from the perspective of developmental stages, it turns out that at the stage of conceptualization it appeared in the issue of separation of fundamental rights of units. Thus, when juridification has ensured the rights arising from the philosophical concepts, which proved to be universal values also in the modern globalized world. However, this does not mean that the process was hassle-free. Specific problems inherent in the international community, like the lack of unanimity in crucial matters, significantly lengthened the process. Initially, it was not possible to work out effective mechanisms of protection, and only demands were developed. Only by historical changes and the important breakthrough events, legal and international efforts became possible to undertake joint efforts to ensure and guarantee the protection of individual human rights. These activities resulted in the adoption of multilateral normative acts, the provisions of which have proved to be fundamental to the contemporary activities of the international community and non-governmental organizations for the protection of individual human rights.

Non-governmental organizations in Russia and abroad: actual issues of legal status and functioning

10.12737/1930 ◽  
2013 ◽  
Vol 1 (2) ◽  
pp. 87-93
Author(s):  
Владлена Лысенко ◽  
Vladlena Lysenko
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
International System ◽  
Legal Framework ◽  
Scientific Article ◽  
Freedom Of Association ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Definition Of ◽  
The Right

The author has attempted to look at the phenomenon of non-governmental organizations from international and national legal points of view, to investigate the legal nature, place and role of NGOs in contemporary constitutional and international system, to explore and identify various forms and ways of the right for association, to analyze international legal and national sources on the topic, compare them and draw appropriate conclusions. The article analyzes the problems of civil society and human rights in the domestic and international legal dimension. Given the different definitions and approaches to the study of the legal status and activities of non-governmental organizations, this article uses the author’s definition of a public association, which is based on the right of everyone to freedom of association. The paper sets out a number of general theoretical and methodological recommendations to help improve the activities of public associations, the development of the legal framework of their functioning, enhance their prestige and influence among the citizens, a gradual reduction of conflict in society, the achievement of civil, political and legal consensus. Theoretical basis of scientific article are works of Russian and foreign scientists on common issues of law, human rights issues and activities of the legal status of public associations, as well as works on philosophy, sociology, history, political science and international relations.

Part V Global and Regional Security Mechanisms, Ch.56 Non-Governmental Organizations: Their Relevance and Impact in the International Law of Global Security

2021 ◽  
Author(s):  
Binder Christina
Keyword(s):  
Human Rights ◽  
International Law ◽  
Regional Security ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Global Security ◽  
Complex Concept ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Individual

This chapter highlights the relevance and impact of non-governmental organizations (NGOs) in the international law of global security. Security is a complex concept in today’s ever-complicated world. The traditional State-centric approach to security has been complemented, albeit not replaced, by a more human-oriented aspect. Today, NGOs may participate in the security discourse as increasingly relevant stakeholders, ensuring that a focus on human rights and the common interests of humankind is maintained in security debates. The chapter considers the role of NGOs in global and regional security arrangements. It then looks at their contribution in the field of global security in terms of standard-setting, norm application, and interpretation, as well as with regard to compliance and enforcement, in areas where the individual is centre stage: international humanitarian law, international criminal law, and international human rights law. Finally, the chapter examines the applicable international legal framework regulating engagement by NGOs and assesses whether NGO practice has been influenced by the ever-changing global security landscape.

Women, human rights and international humanitarian law

1998 ◽  
Vol 38 (324) ◽  
pp. 421-432 ◽  
Author(s):  
Judith Gardam
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Equal Rights ◽  
Governmental Organizations ◽  
Optional Protocol ◽  
Non Governmental Organizations ◽  
Wide Range

The development in the last 50 years of the principles that comprise human rights law has had a major impact on international humanitarian law and indeed on international law generally. In more recent years, the movement for recognition of the equal rights of women has been exerting its own influence on human rights law and to some effect. In 1979, for example, the international community adopted the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), to which 155 States are now party. Consideration is currently being given to the adoption of an Optional Protocol that will allow for individual and group complaints to be brought before the CEDAW Committee. Governmental and non-governmental organizations have increasingly focused on women's human rights. As a result, a wide range of studies, reports and recommendations on various aspects of the issue is available. The topic of women is thus firmly established on the international human rights agenda.

Justice, Acknowledgment, and Collective Memory

2018 ◽  
Author(s):  
Andrew Valls
Keyword(s):  
United States ◽  
Human Rights ◽  
Collective Memory ◽  
The United States ◽  
Truth Commissions ◽  
Place Names ◽  
The Past ◽  
Regime Transitions

In regime transitions, a number of mechanisms are utilized to memorialize the past and to reject the ideas associated with human rights abused of the prior regime. This is often done through truth commissions, apologies, memorials, museums, changes in place names, national holidays, and other symbolic measures. In the United States, some efforts along these lines have been undertaken, but on the whole they have been very limited and inadequate. In addition, many symbols and memorials associated with the past, such as Confederate monuments and the Confederate Battle Flag, continue to be displayed. Hence while some progress has been made on these issues, much more needs to be done.

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