Human Rights Jeopardized in Turkey: Governmental and Judicial Intentions to Erode Due Process and the Right to a Fair Trial

Human Rights Watch and other human rights organizations have drawn attention to abusive persecutions, the erosion of the right to a fair trial and torture during detention in Turkey. The government has ignored or sidestepped the European Convention on Human Rights’ (ECHR) decisions pertaining to pre-trial detentions and fair trials by adding new grounds to indictments and continuing pre-trial detentions.

More Venezuelans in Trinidad in the 21st century

Venezuelan 'asylum seekers' arriving at the coast of Trinidad enter a new reality and become a part of a world of politics and processing like most migrants do. By no fault of their own, they embody local and global tensions concerning migration policies, border control, government authority, and international human rights and protection. This paper raises questions about the complex status and identity of Venezuelan migrants in Trinidad who came seeking asylum in recent years. The results demonstrate that internationally accepted “refugee” and “asylum seeker” categorization is highly unstable in the present context due to the core economic issues underlying forced migration. In line with previous anthropological research, the study highlights the ways in which labels do not encapsulate the local and global causes underlying forced migration and displacement. While international law is well-meaning, there remains a lot to be desired in the long-term protection of displaced people. There are also geographic and economic limits of small islands to absorb large numbers of displaced persons which, to date, has not been recognized by international human rights organizations.

Protection of civilians in the law of war: A case study of Myanmar

The paper is aimed to analyses the Law of War violation in Myanmar. Current communal conflicts in Myanmar among Buddhists and Muslims have cast a pall over the country's transition to democracy. The Rohingya, a Muslim minority group, has been disproportionately affected by the recent round of violence. The Rohingya have been subjected to many human rights violations, which has drawn international attention to the situation. Because the Myanmar government does not recognize Rohingya as a separate ethnic group, they are effectively stateless. Rohingya claim to be indigenous people of Myanmar, despite the government's statements that they came from Bangladesh. The research concludes that as positive as the recent political change has been, the Rohingya's future development does not appear bright. International human rights organizations are urging the global community to pressure Myanmar's administration to amend the Citizenship Law, which effectively makes the Rohingya homeless. The end of this article will give a solution for the Myanmar conflict and protect the Muslim minorities.

Correlation of international and regional (Muslim) concepts in the field of human rights

Introduction. The article is devoted to the problems of correlation of international standards in the field of human rights, based on the liberal values of Western civilization, with regional acts of Muslim countries, correlating with Islam. The study analyzes various points of view of scientists on the issues of universalism of human rights and cultural relativism. The author adheres to the position that the content of human rights and freedoms in each specific community is heterogeneous and depends on its cultural, historical, religious and moral development. Theoretical analysis. The problem of the correlation of concepts in the field of human rights is primarily associated with the different approaches of the existing legal systems to the perception of human rights and freedoms. The theocentric approach, which is shared in the Muslim world, is the opposite of the liberal one, which is based on anthropocentricity. Most of the Muslim countries have signed and ratified international treaties on human rights, but made numerous reservations indicating the possibility of realizing a complex of human rights from the perspective of Islam. Empirical analysis. Despite the difference in views on the scope and content of human rights, Muslim countries strive to implement the international human rights standard. Regional acts of Muslim countries in the field of human rights, developed in the second half of the 20th century, have been severely criticized by human rights organizations on gender and family regulation, religious freedom, self-determination, etc. Currently, the Organization of Islamic Cooperation has developed a Declaration on Human Rights. offering a modern formulation of the position of Muslim countries on human rights. This act is aimed, on the one hand, at convergence of legal positions with the Universal Declaration of Human Rights, on the other hand, it protects basic Islamic values. Results. The study of regional acts of Muslim countries in the field of human rights regulation, modern Muslim concepts of human rights allowed the author to conclude that Muslim countries strive not only to participate in the discussion on human rights, defending their civilizational identity, but also to find points of convergence of Islamic views on human rights with international standards.

Cо-perpetrators of torture: national and convention definition framework

The article is prepared in continuation of development of author's dissertation researches. The paper reveals the peculiarities of objective and subjective features of cо-perpetration in torture (both on the basis of the provisions of the Criminal Code of Ukraine, and taking into account the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. When interpreting national criminal law norms in the light of convention provisions, the requirements of two-frame criminal law research are met. The authors' positions are supported by message from human rights organizations, decisions of the European Court of Human Rights, and theoretical modeling. The article contains the following conclusions. A co-perpetrator of torture may commit this criminal offense by his or her own actions or omissions, use another person as a “means” of committing a criminal offense, or delegate the commission of a criminal offense to another person. A co-perpetrator of torture may join in committing torture at any stage of the commission of this criminal offense. If, under the circumstances of complicity in torture, a public official or other person acting in an official capacity direct torture, he or she is the perpetrator (co-perpetrator) of the offense. If, in complicity in torture, a public official or other person acting in an official capacity creates the conditions for committing the offense, he or she should be recognized as the organizer, instigator or accomplice of the torture (depending on the role he or she has played). If, in complicity in torture, a public official or other person acting in an official capacity doesn't interfere of torture, he or she is the accomplice to torture. Not preventing torture should not be confused with the mental violence that can be used to torture. Article 1 of the 1984 Convention also covers cases of involvement in the torture of public official or other person acting in an official capacity.

Conclusion: An Intersectional Future for Human Rights

Intersectionality has changed the way we think about human rights. It offers a complex, comprehensive, and nuanced approach that redounds to the benefit of victims seeking redress. It allows victims to articulate the multiple and intersecting forms of subordination that have negatively affected their lives. Intersectionality rejects the anemic and siloed approach to human rights that invariably fails to capture and remedy the complex, intersectional violations that characterize the lived experience of subordination for many people. Intersectionality has positively influenced human rights discourse ranging from the UN human rights treaty bodies to local human rights organizations that have incorporated the theory into their organizational missions. The theory is gaining ground in international human rights discourse, and it will continue to transform and expand our vision of appropriate remedies for human rights violations. Only by more accurately conceiving of intersectional human rights violations can we hope to provide meaningful and comprehensive remedies to those who have experienced violations of their rights.

Protecting Basic Legal Freedoms: International Legal Complexes, Accountability Devices, and the Deviant Case of China

With a focus on legal and other organizational actors beyond the state, this article seeks to expand the theory of conditions under which legal occupations will mobilize to fight for basic legal freedoms within states. It elaborates the line of scholarship on legal complexes and political liberalism within states since the 17th century. First, we catalog harms that international organizations (IOs) of many kinds seek to protect in the more than 190 states in the world. Second, we elaborate the concept of an international legal complex (ILC) as a collective actor in the global struggle for basic legal freedoms. We illustrate these two steps with new data on China drawn from a wider project. We show what harms mobilize the ILC, international human rights organizations (IHROs) and an international governmental organization, the UN Human Rights Council (UNHRC). We focus on accountability devices as tools differentially deployed by the ILC, IOs, and UNHRC in their efforts to influence the institutionalization of basic legal freedoms, an open civil society, and a moderate state in China. The illustrative case of China provides a framework for research and theory on all other countries. Expected final online publication date for the Annual Review of Law and Social Science, Volume 17 is October 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

The impact of decree laws on the performance of Turkish physiology academics: A repeated cross-sectional study

Objectives This study aimed to describe the academic losses resulting from the Turkish purge and associated dismissals with the decree laws following the failed coup attempt in 2016 concerning physiology academics. Methods An observational study was conducted covering the time before 2008, 2009–2012, 2013–2016, and 2017–2020. All actively-working assistant, associate, and full professors of physiology in Turkey as of 15th July 2016 and recently hired academic staff after the coup attempt in 2016 were included in the study. Data collection was performed in December 2020. The primary outcome variable of the study was the total number of publications listed in Google Scholar. Results Data of 271 academics were analyzed. Of the participants, 209 (87.1%) continued on their positions, 31 (12.9%) were dismissed after the 2016 coup attempt, and 31 were hired after the purge. The number of publications of scholars hired before 2016 and dismissed were significantly higher before 2008, between 2009 and 2012, and between 2013 and 2016 compared to scholars hired before 2016 and not purged (p < 0.05). Also, the total number of citations, H-index, and i10-index values were significantly better in the purged individuals (p < 0.05). Although the purged academics had relatively higher performance indicators in the previous years, they experienced a 44.2% loss in the number of publications after 2016. Conclusion The mass dismissals after the coup attempt in 2016 harmed individual physiology academics as well as the general physiology academy. International academic and human rights organizations must be more sensitive to protect scholars who undergo similar persecutions.

On the issue of financing non-governmental human rights organizations: international legal aspect

In the article considers some international legal aspects of NGO funding and outlines some problems that arise as a result of the functioning of these organizations and have not yet been resolved. The author notes that despite the significant scientific interest in the functioning and prospects of NGO development, some international legal aspects of their funding have not yet found proper legal consolidation and agreed doctrinal interpretation. In addition, the activities of NGOs provoke a mixed reaction from government agencies and certain segments of society. Therefore, the study of some features of NGO funding as subjects of international human rights activities, the author considers relevant, both in theoretical and practical terms. The author emphasizes that in addition to the negative impact of the established restrictions, there are urgent grounds for its implementation within the relevant legal regulation. One of the reasons for the emergence of mistrust and conflict situations in which NGOs are a party is the insufficient state of settlement of the legal status of the latter. The article states that the financial status of many NGOs is not transparent enough, as a result, some of them compete for government contracts and funds, which creates a risk of losing autonomy and independence, casts doubt on the impartial implementation of their missions.