Human Rights Abuses in Fledgling Democracies: The Role of Discretion

Author(s):  
Jaime Malamud-Goti
Author(s):  
Pierre Salmon

Among many aspects to the question of whether democracy is exportable, this contribution focuses on the role of the people, understood not as a unitary actor but as a heterogeneous set: the citizens. The people matter, in a different way, both in the countries to which democracy might be exported and in the democratic countries in which the question is about promoting democracy elsewhere. The mechanisms or characteristics involved in the discussion include yardstick competition, differences among citizens in the intensity of their preferences, differences among autocracies regarding intrusion into private life, citizens’ assessments of future regime change, and responsiveness of elected incumbents to the views of minorities. The second part of the contribution explains why promotion of democracy is more likely to work through citizens’ concern with human rights abuses than with regime characteristics.


Author(s):  
Foday Yarbou

AbstractThe conflict between Jammu and Kashmir has acquired a multifaceted character. On one hand, the conflict involves national and territorial contestations between India and Pakistan, and on the other, it entails different kinds of human rights abuses and various political demands by religious, linguistic, regional, and ethnic groups in both parts. This article aims to portrait the images and human rights abuses meted on the people of Jammu and Kashmir. It also urges and pleads to India and Pakistan and all those countries who are taking part directly or indirectly in the territorial disputes or conflict in the region of Jammu and Kashmir to end the conflict. Human rights abuse such as torture, rape, sexual harassment, murder, and unnecessary killings of the people of this region were all condemned by the author of this article. He further requests the international community such as the United Nation to take a bold step in settling the conflict in that region by passing an effective resolution at the international level that will put an end to the conflict. In this article, the author uses a qualitative research method to explore different journals and write up of scholars in finding tangible solutions to the conflict in Jammu and Kashmir. The author also uses a theoretical explanation in the article. The result of this article intends to see that all the main concerning points raised in this write-up are fully considered and implemented by the United Nation in bringing peace and stability in the region of Jammu and Kashmir. Conflict in this region has become a worrying issue in the international community and the necessary steps should be taken to bring it to halt.


Author(s):  
Tim Dunne ◽  
Marianne Hanson

This chapter examines the role of human rights in international relations. It first considers the theoretical issues and context that are relevant to the link between human rights and the discipline of international relations, focusing on such concepts as realism, liberalism, and constructivism. It then explores key controversies over human rights as understood in international relations as a field of study: one is the question of state sovereignty; another is the mismatch between the importance attached to human rights at the declaratory level and the prevalence of human rights abuses in reality. The chapter also discusses two dimensions of international responsibility: the duty to protect their citizens that is incumbent on all states in light of their obligations under the various human rights covenants; and the duty of states to act as humanitarian rescuers in instances where a state is collapsing or a regime is committing gross human rights violations.


Author(s):  
Lisa Grassow ◽  
Clint Le Bruyns

This article focuses on the #FeesMustFall (FMF) movement and the question of a human rights culture. It provides evidence from the specific context of FMF at the University of KwaZulu-Natal, Pietermaritzburg, which exposes human rights abuses and violence to the dignity of protesting students. To advance a human rights culture within the higher education sector in the context of FMF, the article highlights the role of theology – ‘indecent theology’ (as espoused by Marcella Althaus-Reid) – in revealing the problem and promise of higher education institutions in the quest for a more liberating and responsible society. It is only through interrogating the narratives that sustain the current university structures – and continue to oppress the poor and the marginalised – that South Africa will be able to begin to construct a society that is respective of the rights of all.


Global Jurist ◽  
2017 ◽  
Vol 17 (3) ◽  
Author(s):  
Ebenezer Durojaye

AbstractThis article examines the role of the African Commission on Human and Peoples' Rights (African Commission) in establishing norms and standards on HIV and human rights that will assist African governments in addressing human rights abuses in the context of HIV as well as in combating the spread of the epidemic. The article argues that through the promotional and protective mandate of the Commission, opportunity exists for the establishment of important norms and standards to guide African states in addressing human rights challenges raised by HIV/AIDS. It concludes by arguing that the African Commission needs to forge more collaboration with states and civil society groups to ensure proper implementation of its norms and standards at the national level


2021 ◽  
Vol 77 (4) ◽  
Author(s):  
Kelebogile T. Resane

The theme for Liberation Theology has always been about concerns for the marginalised masses and socio-political liberation for the economically disadvantaged. Its mandate is to seek to guide towards the discovery of being human without references to historical divisions between the haves and have-nots created by socio-economic imbalances promoted by political regimes. Moltmann’s content of theology, its revision, its innovation rather than the theological method has marked his restless imagination. His method of exploration in doing theology has brought him into dialogue with philosophers and theologians of different persuasions. In this study, he is evaluated in his dialogue with the liberation theologians. The focus is on Moltmann’s theological approach to ecumenism, built around the Kingdom of God concept, and ecclesiastical analysis and political theology. These three areas are the transitional arguments on how Moltmann enters into dialogue with the liberation theologians. The argument moves on to point how Liberation Theology has exerted itself as Black Theology in South Africa during the apartheid time. Black Theology is a theology of liberation because of its resistance and endeavours of eradication of all forms of oppressive systems. The two injustices (socio-cultural misnomers) in the democratic South Africa are discussed as a calling for Black Theology’s voice. These are corruption and human rights abuses. Black Theology brings religion into the secular world as a way of aborting all forms of discrimination based on race, sex and economic class.Contribution: Black Theology is invited to revisit Moltmann’s ecumenical, ecclesiastical and political theological understanding, as a way of reviving itself back to the centre stage of prophetic role within the corrupt and human rights and dignity abuse society.


2018 ◽  
pp. 253-266 ◽  
Author(s):  
Larry Diamond ◽  
Zak Whittington

This chapter examines the role of social media in processes of democratization. Facilitating rapid and decentralized communication among a wide range of actors, social media have played a particularly potent role in the past decade in facilitating the mobilization of protest against authoritarian regimes, the exposure of corruption and human rights abuses, and the monitoring of elections to expose electoral fraud. The chapter explores how social media have provided new tools for challenging dominant parties. It also looks at the ways in which authoritarian regimes censor and suppress access to these tools, while appropriating them for their own purposes of propaganda and control.


2019 ◽  
Vol 19 (4) ◽  
pp. 675-704
Author(s):  
James Gallen

Abstract In recent years, both transitional justice and the role of the European Court of Human Rights in dealing with historical abuses have evolved. Transitional justice has begun to address widespread or systemic human rights abuses outside of the contexts of armed conflict and authoritarian regimes. In three key recent judgments, El-Masri v Macedonia, Janowiec v Russia and O’Keeffe v Ireland, the Court has clarified and expanded its approach to addressing historical human rights violations relevant to transitional justice in significant, if inconsistent, ways. To date, there is no exploration of the relationship between transitional justice, historical abuse outside the contexts of armed conflict or authoritarian rule and the European Convention of Human Rights. This article seeks to address that gap by considering the potential opportunities and obstacles for the use of the Convention to address historical abuse in consolidated democracies as a part of transitional justice.


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