Examining the Potential Challenges of Artificial Intelligence in Statelessness Determination from a Human Rights Perspective

This article aims to bring a human rights perspective to corruption monitoring. While research has been done to explore the link between human rights and corruption, whether and how a human rights perspective could help to improve corruption monitoring has not been examined yet. The article is divided into four parts. The second part examines the rationale of both human rights monitoring and corruption monitoring, and how the former can help to improve the latter. The third part discusses the development and characteristics of both human rights indicators and corruption indicators. It also discusses the creation of indicators for monitoring corruption from a human rights perspective. The fourth part examines how a framework for monitoring corruption from a human rights perspective could be developed. It maps the different possibilities in the light of three existing frameworks of related fields. The fifth part discusses monitoring corruption from a human rights perspective in operation. It studies the kinds of data that could help to improve corruption monitoring and deals with the actors who should be involved in the monitoring.

Automated decision making is becoming the norm across large parts of society, which raises interesting liability challenges when human control over technical systems becomes increasingly limited. This article defines “quasi‐automation” as inclusion of humans as a basic rubber‐stamping mechanism in an otherwise completely automated decision‐making system. Three cases of quasi‐automation are examined, where human agency in decision making is currently debatable: self‐driving cars, border searches based on passenger name records, and content moderation on social media. While there are specific regulatory mechanisms for purely automated decision making, these regulatory mechanisms do not apply if human beings are (rubber‐stamping) automated decisions. More broadly, most regulatory mechanisms follow a pattern of binary liability in attempting to regulate human or machine agency, rather than looking to regulate both. This results in regulatory gray areas where the regulatory mechanisms do not apply, harming human rights by preventing meaningful liability for socio‐technical decision making. The article concludes by proposing criteria to ensure meaningful agency when humans are included in automated decision‐making systems, and relates this to the ongoing debate on enabling human rights in Internet infrastructure.

Background: Food is an important part of nursing care and recognized as a basic need and a human right. Nutritional care for older adults in institutions represents a particularly important area to address in nursing education and practice, as the right to food can be at risk and health personnel experience ethical challenges related to food and nutrition. Objective: The present study investigates the development of coursework on nutritional care with a human rights perspective in a nursing programme for first-year nursing students and draws upon reflections and lessons learned. Research design: The study utilized educational design research. The coursework, developed through two rounds, combined on-campus learning and clinical placement in nursing homes. Nursing studentsʼ perspectives and experiences gathered through focus groups and a written assignment informed the development and evaluation of the coursework. Participants and research context: In the first round, multistage focus group interviews were conducted with 18 nursing students before, during and after placement. In the second round, four focus group interviews with 26 nursing students were conducted shortly after placement. Ethical consideration: The study was approved by the Norwegian Centre for Research Data. Findings: Three main ʽlessons learnedʼ emerged regarding introducing a human rights perspective in nursing education: 1) the contribution of the human rights perspective in changing the narrative of ʽvulnerable and malnourished patientsʼ, 2) the importance of relationships and experiences for learning about human rights and 3) the benefit of combining development of ethical competence with a human rights perspective. Conclusion: A human rights perspective enabled the students to give meaning to nutritional care beyond understanding of food as a basic physical need. Incorporating human rights in nursing education can support nursing students and nurses in recognizing and addressing ethical and structural challenges and being able to fulfil the right to food for patients.

Research Handbook on Labour, Business and Human Rights Law, edited by Janice R.Bellace and Beryl terHaar. Edward Elgar Publishing, Cheltenham, UK, 2019, 528 pp., ISBN: 978‐1‐78642‐310‐7, £195.00 (US$290.00)

This article explores the strategic and human rights perspectives on gender mainstreaming in preventing/countering violent extremist efforts (P/CVE) in the Western Balkans (WB). It begins with elaborating the strategic relevance of gender mainstreaming in the contested and fast-changing security environment where the threat from modern-day extremists that practice terrorism is a reality. Although NATO has already acknowledged the importance of gender mainstreaming the human rights perspectives of gender mainstreaming in general and in the P/CVE context have largely been neglected. The article analyzes human rights perspectives to gender mainstreaming in P/CVE from three aspects and provides a rationale for its relevance. First, the general human rights perspective to gender mainstreaming in P/CVE. Second, from a perspective of protecting human rights and providing fair treatment to those who commit violent extremist activities. Finally, from the perspective of human rights violation by committing or supporting violent extremist activities/agenda.

This chapter explores the role of human rights as an integral component of 'governance for sustainable development' system and practice. It analyses the evolving relationship between sustainable development and the human rights framework, and its implications for governance practices. The chapter argues that governance arrangements are important tools for realizing sustainable development and human rights. The legally binding human rights regimes especially are also governance regimes. This is a position underpinned by the commitment of all states to global human rights instruments and/or to sustainable development presented in the United Nations' Agenda 2030 which includes the Sustainable Development Goals (SDGs). While there are still numerous human rights and sustainable development deficits in all parts of the world, international law confirms that both notions are relevant for, and require action by, states at all stages of development and in all circumstances. This means that states are duty-bearers for sustainable development and human rights, and are responsible for building an enabling environment for the actual enjoyment of human rights. Besides providing substantive orientation, the core global human rights treaties also create monitoring opportunities and are a basis for holding duty bearers to account. The fourth section explores the implications of a human rights perspective for governance practices related to natural resource management and finds that participation and benefit-sharing are central concerns in this regard. The potential practical consequences of benefit-sharing requirements are illustrated in a short account of the Saramaka Judgement of the Inter-American Court of Human Rights delivered in 2007, which relates to natural resource exploitation in tribal territory in Suriname and gave rise to the formulation and application of the notion of reasonable benefit-sharing. The chapter closes with a few concluding remarks reflecting on the main insights gained from the analysis of the relevance, content and implications of a human rights perspective on governance for sustainable development.

This presentation analyzes specialised mental health courts (MHCs), as one solution to the long-standing, growing challenge of dealing fairly and justly with persons with mental illness (PMIs) coming before the criminal justice system, from a human rights (HR) perspective. MHCs have garnered professional and political support in North America. Redefining their primary purpose from the determination of fault and the imposition of punishment to the provision of treatment and the enhancement of well-being, to date little consideration has been given to whether the costs of MHCs in terms of de-individualised justice are worth their benefits. As Harris points out, 'sometimes wise policies and practices can have unintended side effects'. And as Thomas Jefferson reminds us, 'the price of liberty is eternal vigilance'. Thus, addressing the HR implications of MHCs should rank highly on its advocates' agendas. Potential HR concerns, arising from MHCs and relating to PMIs essential dignity rights as well as their rights to non-degrading treatment, autonomy, privacy, due process and non-discrimination, will be assessed. Like other writers, the presenter urges that only through respecting PMIs' rights to services and fulfilling society's duty to provide same, and not through MHCs, will PMIs be afforded the full rights that democratic states ought to provide their citizens. The manner in which MDOs are managed (or not) by the multiple services and systems they typically encounter creates a broad measure of dissatisfaction that goes beyond any single jurisdiction or country. Moreover, the sufficient issue overlaps and fundamental commonalities in approaches to the problems faced by MDOs provide a general societal and judicial context for an analysis of MHCs and a related HR discussion, notwithstanding the presenter references the provisions of the European Convention on Human Rights (ECHR) (1950) for her HR analysis.

The problem of law enforcement in Indonesia require legal form, its about right of suspect raises many disagreement by the legal expert, In principle criminal law (KUHAP) adopted principle equality and presumption of innocence until got the judge’s decision. Based on the research , the researcher got two formulation of the problem, first legal certaintly regarding the deadline of determination of suspect reviewed from human right perspective, second the implementation presumption of innocence human right perception. Purpose of the research for analyze juridical on how legal certainty about limitation of suspect and implementation principle presumption of innocent reviewed from human right perspective. The Stuy used normative juridical research method. Data source is secondary data which obtained from the literature. The data processed andanalysed using qualitative. Classifying the aspect studied and got the conclusion related to this research. The data described descriptively. Based on this research, the result reviewed by researcher into conclusions, its about legal certainty of limits determination of the suspect not related to human right perpective, implementation presumption of innoncence by law enforcer wasnt prioritize human right. Based on this study, the obtained results have been reviewed by researchers that the conclusion that the legal certainty regarding the deadline for determination of the suspect is not in accordance with the human rights perspective, the application of the presumption of innocence by law enforcement is not in accordance with the human rights perspective, because there are no rules regulating exactly how the application of the principle of presumption of innocence so that their legal vacuum.

Human vulnerability is at the core of refugee status determination and human rights provides its regulatory frame, so to speak of artificial intelligence within the refugee context may seem troubling at least, dystopian at worst. But the rapid development of artificial intelligence in government decision-making will unlikely be slowed by such ethical quandaries. The potential integration of automation, machine learning and algorithmic decision-making into global migration regulation and policy has far-reaching implications for refugee law. The consequences for efficiency, legality, accountability, transparency and human rights warrant a timely and critical conversation about the possible impact of existing and future technologies on refugee status determination. Predictive analytics, biometrics, automated credibility assessments and algorithmic decision-making are technologies that could have utility for refugee status determination processing, credibility assessments and decision-making. Each technology is considered through a lens of ‘risk and potential’, which is measured in terms of ‘fair, efficient and effective’ refugee status determination. The opportunities that artificial intelligence offers for efficiency and effectiveness in refugee status determination are compelling. Artificial intelligence allows for faster data processing and the ability to undertake high-volume, repetitive tasks. Increased consistency and up-to-date information, a capacity to plan for workloads and predict movements and the potential to ‘design out’ existing biases, promise to deliver positive outcomes for asylum seekers. But the risks of integrating artificial intelligence in a decision-making process that is defined by human vulnerability loom large. The lack of transparency in algorithms may result in a denial of procedural fairness, and algorithmic bias continues to be a vexing issue. If refugee and human rights are denied, international protection may be compromised. Technical and contextual issues may increase the potential for error, and unanswered questions remain around legality.

Purpose: Marriage must be based on the willingness of each party to become husband and wife to form a happy family without any coercion from any party. If a marriage is entered into without the consent of both parties, the marriage can be a reason to cancel the marriage. Arrest marriage is a process where a woman is taken by force or violence by a man to become his wife and then carries out a traditional procession through the replacement process. The purpose of this writing is to look at the tradition of capture marriage that occurs on Sumba Island from a human rights perspective. Research Methodology: The method used is normative research. Results: The results of the research show that a woman who is already under the control of a man (in this case married and arrested) no longer needs his consent whether she agrees or not to be taken and used as a wife. This is of course in conflict with Article 2 of the Marriage Law where the consent of the parties, both the man and the woman, is the main thing. Arrested marriages which are carried out by not giving a woman the freedom to determine with whom she will build and maintain a household are a violation of human rights. Article 1 of the Human Rights Law provides an understanding relating to human rights violations, namely every action of a person or group of people, including state officials, whether intentionally or unintentionally, taking or depriving human rights. From a human rights perspective, it is clear that any type of action that causes torture and fear, both physically and spiritually, is a violation of human rights.

Legal Control on Social Control of Sex Offenders in the Community: A European Comparative and Human Rights Perspective This paper provides first of all the introduction to this special issue on ‘Legal constraints on the indeterminate control of “dangerous” sex offenders in the community: A European comparative and human rights perspective’. The issue is the outcome of a study that aims at finding the way legal control can not only be an instrument but also be a controller of social control. It is explained what social control is and how the concept of moral panic plays a part in the fact that sex offenders seem to be the folk devils of our time and subsequently pre-eminently the target group of social control at its strongest. Further elaboration of the methodology reveals why focussing on post-sentence (indeterminate) supervision is relevant, as there are hardly any legal constraints in place in comparison with measures of preventive detention. Therefore, a comparative approach within Europe is taken on the basis of country reports from England and Wales, France, Germany, The Netherlands and Spain. In the second part of the paper, the comparative analysis is presented. Similar shifts in attitudes towards sex offenders have led to legislation concerning frameworks of supervision in all countries but in different ways. Legal constraints on these frameworks are searched for in legal (sentencing) theory, the principles of proportionality and least intrusive means, and human rights, mainly as provided in the European Convention on Human Rights to which all the studied countries are subject. Finally, it is discussed what legal constraints on the control of sex offenders in the community are (to be) in place in European jurisdictions, based on the analysis of commonalities and differences found in the comparison.

Indigenous knowledge systems (IKS) are central to communities in Africa. They shape, influence, and define the behaviour of societies. Most communities in Zimbabwe have consistently recognised the human rights of individuals. Understanding how IKS can influence social work theory and practice to uphold human rights is important. Human rights are an inherent part of the social work profession. The article explores the views of social work educators in Zimbabwe on the intersection of IKS and human rights in social work education and practice. Data were qualitatively collected from ten purposefully selected social work educators using an instrumental case study design. Evidence from the participants shows four essential aspects, which are, the relevance of indigenous knowledge systems in social work education and practice in Zimbabwe, the role of indigenous knowledge systems in the application of human rights in social work in Zimbabwe, ways to utilise IKS best to uphold human rights; the challenges faced by educators in utilising indigenous knowledge systems in social work in Zimbabwe. The article concludes that IKS upholds human rights perspectives in social work theory and practice. The article recommends that IKS, informed by a human rights perspective, be integrated into social work education and practice in Zimbabwe and practised at the micro, mezzo, and macro levels.

Artificial Intelligence Needs Human Rights: How the Focus on Ethical AI Fails to Address Privacy, Discrimination and Other Concerns

Little attention has been focused on the analysis of the interrelation between disability and elite disability sport from the human rights perspective as the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) demands of those countries that ratified this global regulation. More than a decade since its promulgation in December 2006, the United Nations itself and a plethora of authors recognises that disability in general and disability sport by extension has not yet been seen as a human rights issue in many countries, principally in developing countries. This paper is divided into four main parts. First, academic literature in relation to disability, human rights policy and sport at elite level is explored. Second, it examines the active role of the International Paralympic Committee, regarded as a major advocate for the rights of the sport promotion of athletes with disabilities, to implement the Convention by the organisation of sports events for Paralympic athletes worldwide at all levels of the sport development continuum. Third, it explains the methods and data collection followed in the study and the following section presents results of the analysis. Finally, it draws an international scenario that might be valuable in informing academics, institutions and professionals to promote elite disability sport from the human rights perspective.

Armed Conflict and Human Rights in Colombia