scholarly journals La prohibición de la tortura: derecho humano

Tequio ◽  
2020 ◽  
Vol 4 (10) ◽  
pp. 36-46
Author(s):  
Guadalupe del Carmen Morales-Toledo
Keyword(s):  
Human Rights ◽  
Multidisciplinary Team ◽  
Human Rights Violations ◽  
Access To Justice ◽  
Istanbul Protocol ◽  
The Subject ◽  
Degrading Treatment

Torture is a crime linked to serious human rights violations. To prevent, investigate, sanction and eradicate it, represents one of the biggest challenges when it comes to justice and human rights within our country, which currently holds high levels of impunity, and requires new and better investigation techniques, methods and strategies, that will allow meeting the demands for access to justice requested by the victims of these crimes. People deprived of their liberty (PDL) are demanding that all acts of torture itself become the subject of an investigation conducted by a multidisciplinary team in which lawyers, doctors and psychologists participate, based on the guidelines constituted in the Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, commonly known as the Istanbul Protocol.

The Ring of Steel: Extraterritorial Migration Controls in Indonesia and Libya and the Complicity of Australia and Italy

2019 ◽  
Author(s):  
Azadeh Dastyari ◽  
Asher Hirsch
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
Right To Life ◽  
Degrading Treatment ◽  
The Right ◽  
Italian Territory

Abstract This article provides an analysis of cooperative non-entrée policies in Australia and Italy. Through their funding, training and interception activities, Australia and Italy have aided and assisted Indonesia and Libya, respectively, in the commission of a number of internationally wrongful acts against refugees and migrants. These wrongful acts include refoulement; arbitrary detention; violations of the right to life; cruel, inhuman and degrading treatment or punishment; and violations of the right to leave. These human rights violations benefit Australia and Italy by preventing refugees and migrants from entering Australian and Italian territory. They are extensively reported and widely known. Neither Australia nor Italy can claim ignorance of the circumstances of these acts. In the light of this analysis, it is argued that, under Article 16 of the Articles on the Responsibility of States for Internationally Wrongful Acts, Australia and Italy are therefore responsible for their complicity in human rights violations in Indonesia and Libya, respectively.

Localizing Human Rights SDGs: Ghana in context

2021 ◽  
Author(s):  
Omar S. Abdellatif
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Rule Of Law ◽  
West African ◽  
Public Access ◽  
Human Rights Violations ◽  
Access To Justice ◽  
International Treaties ◽  
State Laws ◽  
Agenda 2030

In September 2015, Ghana along all UN member states endorsed the Agenda 2030 Sustainable Development Goals (SDGs) as the cardinal agenda towards achieving a prosperous global future. The SDGs are strongly interdependent, making progress in all goals essential for a country’s achievement of sustainable development. While Ghana and other West African nations have exhibited significant economic and democratic development post-independence. The judiciary system and related legal frameworks, as well as the lack of rule law and political will for safeguarding the human rights of its citizens, falls short of considering violations against minorities. Will Ghana be able to localize human rights related SDGs, given that West African governments historically tended to promote internal security and stability at the expense of universal human rights? This paper focuses on evaluating the commitments made by Ghana towards achieving Agenda 2030, with a particular focus on the SDGs 10 and 16 relating to the promotion of reduced inequalities, peace, justice and accountable institutions. Moreover, this paper also analyzes legal instruments and state laws put in place post Ghana’s democratization in 1992 for the purpose of preventing discrimination and human rights violations in the nation. The article aims to highlight how Ghana’s post-independence political experience, the lack of rule of law, flaws in the judiciary system, and the weak public access to justice are obstacles to its effective localization of human rights SGDs. Those obstacles to Ghana’s compliance with SDGs 10 and 16 are outlined in this paper through a consideration of human rights violations faced by the Ghanaian Muslim and HIV minorities, poor prison conditions, limited public access to justice and the country’s failure to commit to international treaties on human rights. Keywords: Ghana, human rights, rule of law, security, Agenda 2030

Part III Organs Monitoring Treaty Compliance, 13 The Committee against Torture and the Subcommittee for the Prevention of Torture

2020 ◽  
Author(s):  
Byrnes Andrew
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
Optional Protocol ◽  
Treaty Compliance ◽  
Convention Against Torture ◽  
Degrading Treatment

This chapter focuses on the Committee against Torture and the Subcommittee for the Prevention of Torture. The role of the Committee is to monitor the implementation by States parties of their obligations under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Torture Convention). The goal of the Torture Convention is to eradicate torture, often seen as one of the gravest human rights violations, through a mix of prevention and repression. The Convention was supplemented in 2002 by the adoption of an Optional Protocol to the Convention, which established an additional supervisory body—the Subcommittee for the Prevention of Torture, which commenced its work in 2007. The chapter then considers the work of the Committee over the last thirty years and provides an overview of the evolution and functions of the Subcommittee.

scholarly journals Non-pecuniary damages before the European Court of Human Rights: Forget the victim; it’s all about the state

2020 ◽  
Vol 33 (2) ◽  
pp. 335-369
Author(s):  
Veronika Fikfak
Keyword(s):  
Human Rights ◽  
Case Law ◽  
The State ◽  
European Convention ◽  
Human Rights Violations ◽  
International Treaty ◽  
European Court ◽  
International Court ◽  
Degrading Treatment ◽  
Individual Justice

AbstractThis article studies how the European Court of Human Rights (ECtHR, the Court) adjusts damages for human rights violations. The article empirically analyses 13 years of ECtHR’s case law in relation to Articles 2 (right to life), 3 (torture, inhuman and degrading treatment), and 5 (arbitrary detention) of the European Convention on Human Rights (ECHR, the Convention). The goal is to understand whether the statements made by the Court about the aims pursued through just satisfaction are confirmed in practice. Through an empirical quantitative study relating to non-pecuniary damages, the article analyses the practice of the Court in awarding non-pecuniary damages for human rights violations and compares it to the competing visions of the ECtHR’s function. In particular, I am interested in determining whether just satisfaction is aimed at redressing the suffering of the victim, her circumstances and vulnerability, or whether the focus is more on the respondent state, its conduct and its past human rights record. The answers to these questions will contribute to the debate whether the ECtHR’s role is one of delivering ‘individual justice’ or whether the Court is – as an international court enforcing an international treaty – focused on the ‘state’.

State Crimes of Previous Regimes: Knowledge, Accountability, and the Policing of the Past

1995 ◽  
Vol 20 (01) ◽  
pp. 7-50 ◽  
Author(s):  
Stanley Cohen
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Latin America ◽  
Social Control ◽  
Criminal Law ◽  
Human Rights Violations ◽  
Social Reconstruction ◽  
The Past ◽  
The Subject

The policy of lustration is set in the context of responses to abuses of power by previous regimes. Using examples from three recent forms of social reconstruction (in Latin America, the former communist states, and South Africa), the author reviews the “justice in transition” debate. How do societies going through democratization confront the human rights violations committed by the previous regime? Five aspects of this debate are reviewed: (1) truth: establishing and confronting the knowledge of what happened in the past; (2) justice: making offenders accountable for their past violations through three possible methods: punishment through the criminal law, compensation and restitution, and mass disqualification such as lustration; (3) impunity: giving amnesty to previous offenders; (4) expiation; and (5) reconciliation and reconstruction. A concluding discussion raises the implications of the subject for the study of time and social control.

scholarly journals THE INTER-AMERICAN HUMAN RIGHTS SYSTEM AND THE ROLE AND RIGHTS OF JUDGES

REVISTA ESMAT ◽  
2021 ◽  
Vol 12 (20) ◽  
pp. 220-250
Author(s):  
Elizabeth Abi-Mershed
Keyword(s):  
Human Rights ◽  
Judicial Independence ◽  
Human Rights Violations ◽  
Access To Justice ◽  
Core Component ◽  
Effective Protection ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Judicial Protection ◽  
Domestic Level

Access to justice at the domestic level is a core component of human rights protection, with judges playing a key role in that process. Judges may require particular protection when subject to violations of their own rights in connection with their judicial mandate. This article first provides a basic overview of the Inter-American Commission’s and Court’s respective mandates. There are some brief references to examples from Brazil, as well as some concerning judicial independence and the protection of judges. The article then reviews a series of individual cases in which the Commission and Court have set standards on the obligation of states to respect the role and independence of judges. The focus is on independence, through respect for their security of tenure against improper interference, as well as effective protection when judges are subjected to threats or violence due to their work. In relation to judicial protection and guarantees, the article also looks briefly at the system’s clear position against the use of military jurisdiction to investigate, prosecute and punish serious human rights violations. The article closes with a brief reflection on the system and the commonalities and distinctions within which it necessarily works.

scholarly journals Human rights defenders in Moldova

2021 ◽  
pp. 8-13
Author(s):  
Anastasia Catan ◽  
Keyword(s):  
Human Rights ◽  
Public Awareness ◽  
Human Rights Violations ◽  
International Level ◽  
The World ◽  
Protection Of Human Rights ◽  
The Subject ◽  
Practical Guidance ◽  
Policy Proposals

At the international level, the subject of human rights defenders has grown. The European Union's human rights guidelines provide practical guidance to EU representatives around the world, one of the main being - the protection of human rights defenders. Parliament's resolutions aim to raise public awareness of human rights violations, support human rights defenders and shape EU human rights policy through concrete policy proposals.

20. Genocide and Human Rights

2016 ◽  
Author(s):  
Scott Straus
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Case Studies ◽  
Human Rights Violations ◽  
Genocide Convention ◽  
Mass Violence ◽  
Considerable Debate ◽  
Weak Points ◽  
The Subject ◽  
United Nations Convention

This chapter examines the ramifications of genocide for human rights. Genocide is one of the most extreme forms of human rights violations, but its definition has been the subject of considerable debate. In recent years, there have been efforts to develop a better policy on genocide prevention. This chapter evaluates various definitions of genocide as well as some of the weak points of the 1948 United Nations Convention on the Punishment and Prevention of the Crime of Genocide, also known as the Genocide Convention. It also discusses theories of why genocide occurs and concludes with case studies of Rwanda and Darfur, both of which describe the background to the mass violence in both locations, as well as the international responses.

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