Police Brutality as Human Rights Violation: A Study Case of Black Lives Matter

Economic Sanctions Against Human Rights Violations

With an emphasis on the recurring trends of abuse and the legal frameworks put in place to deal with such misconduct, this study examined the frequency of human rights abuses by the Nigerian Police Force. Despite having constitutional and statutory protections like the 1999 Constitution (as amended), the Administration of Criminal Justice Act (2015), and the Police Act (2020), as well as being a signatory to important international human rights instruments like the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), and the African Charter on Human and Peoples' Rights, widespread violations still plague law enforcement operations in Nigeria. Using documented reports from reliable organisations like Amnesty International, Human Rights Watch, and the National Human Rights Commission (NHRC), the study identifies and investigates frequent abuses, including extrajudicial killings, arbitrary detention, torture, unlawful arrests, and excessive use of force. It also looks at the structural causes of these abuses, including judicial incompetence, institutional weakness, corruption, militarised policing culture, and inadequate police welfare. Despite the existence of strong legislative restrictions, the study discovers that a lack of political will and a culture of impunity frequently compromise execution. Through the use of a qualitative methodology and secondary data analysis, the study emphasises how urgently training, accountability systems, law enforcement, and institutional control need to be changed. It concluded with important suggestions for advancing a police force that upholds human rights and fortifying Nigeria's legal and democratic systems. The report adds to the current conversation on protecting human rights and changing Nigerian policing.

With an emphasis on the recurring trends of abuse and the legal frameworks put in place to deal with such misconduct, this study examined the frequency of human rights abuses by the Nigerian Police Force. Despite having constitutional and statutory protections like the 1999 Constitution (as amended), the Administration of Criminal Justice Act (2015), and the Police Act (2020), as well as being a signatory to important international human rights instruments like the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), and the African Charter on Human and Peoples' Rights, widespread violations still plague law enforcement operations in Nigeria. Using documented reports from reliable organisations like Amnesty International, Human Rights Watch, and the National Human Rights Commission (NHRC), the study identifies and investigates frequent abuses, including extrajudicial killings, arbitrary detention, torture, unlawful arrests, and excessive use of force. It also looks at the structural causes of these abuses, including judicial incompetence, institutional weakness, corruption, militarised policing culture, and inadequate police welfare. Despite the existence of strong legislative restrictions, the study discovers that a lack of political will and a culture of impunity frequently compromise execution. Through the use of a qualitative methodology and secondary data analysis, the study emphasises how urgently training, accountability systems, law enforcement, and institutional control need to be changed. It concluded with important suggestions for advancing a police force that upholds human rights and fortifying Nigeria's legal and democratic systems. The report adds to the current conversation on protecting human rights and changing Nigerian policing.

The Nuremberg tribunal was the expression and the beginning of states' recognition of their duty to prosecute genocide and other gross human rights violations. It was a first step towards fulfillin...

This article examines the relationship between international trade and the growth of human rights abuses. It offers dispute resolution, contract law, and a corporate social agreement to resolve these human rights issues. This article aims to present solutions to the growing human rights abuses in international trade because, throughout history, international trade has been a pillar in uniting societies, cultures, and peoples. With the growth of international trade, international trade law also grew. A key feature of the post-Modern era is the infusion of transnational corporations into every element of international society and culture. A direct result of this influence is a drastic rise in international human rights violations where individuals cannot find protection under international human rights laws or foreign domestic courts because such laws and courts do not have jurisdiction over transnational corporations, creating a perpetual cycle of human rights violations in international trade. This article presents a potential option to remedy these violations through alternative dispute resolution, contract law, and a corporate social agreement. This article employs qualitative and comparative research methodologies. The article includes an overview of historical and philosophical literature to establish how international trade and human rights development have consistently been connected. Additionally, the article analyzes international and state laws to delve into the gaps created by modern-day legal precedents to curtail human rights violations in international commercial trade. Through studying human rights violations within the context of international commercial trade and the existing, relevant international law, this article finds that a combination of alternative dispute resolution, contract law, and corporate social offers an innovative approach to resolving human rights issues faced by the international community. The significance of this article is to draw attention to the human rights violations occurring in the post-modern era due to international trade. Specifically, this article aims to present a workable solution to international human rights violations that can be implemented where international law fails to protect individuals in these situations.

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.

As is well known, different countries may have a different attitude toward the formal rank of international human rights law in domestic legal order. In those countries that qualify the ratified international human rights law merely as statute, the formal rank of international human rights law is often used as an argument against the binding force of international human rights law on domestic constitutional law. Through a comparative analysis between Germany and Taiwan, though, this paper shows that, despite similar determinations on the formal rank of international (human rights) law, the German and the Taiwanese Constitutional Courts have developed quite different views on the normative significance of international human rights law to their domestic constitutional orders. The different constitutional practices in Germany and Taiwan thus not only reflect Taiwan’s unique international status, but also indicate that the formal rank of international human rights law does not have much to do with its normative binding force on domestic constitutional law. Those who use formal rank as an argument against the binding force of international human rights law on constitutional law presuppose the absolute dichotomy of international and domestic law and thereby overlook the potential compatibility between international human rights law and constitutional law. From a human rights perspective, I argue that international human rights law should not be regarded as an “external” law, but rather as a framework order which delegates domestic constitutional orders to concretize international human rights law according to their own needs or interests so as to fulfill their international task of human rights protection on national level. Viewed this way, the determination on the formal rank of international human rights law in domestic legal order matters only because it has to do with the determination of a certain constitutional order on the way in which it concretizes international human rights law.

Human Rights are a set of rights that are essentially inherent in humans. This right is natural, cannot be contested or taken away, and applies universally. Violations of human rights occur if these rights are taken away or challenged by other parties. The field of human rights violations is very broad, covering various rights possessed by humans, including in this case regarding land in the agrarian sector. Violations of human rights in the agrarian sector are basically similar to violations of human rights in other fields, the difference being the object of the right that gives rise to the human rights violation. In this case, the object in question is land in the agrarian sector. Indonesian national law and international law have slightly different perspectives regarding human rights violations in the agrarian sector. The difference is regarding control over the agrarian sector. National law has independent rights over the agrarian sector within its territory without interference from other parties outside the country, including international law. However, this form of violation of human rights, even in the agrarian sector, remains the subject of international law, as is the universal principle held by human rights law. To provide protection of rights in the agrarian sector, Indonesian national law applies the provisions of the 1945 Constitution, Law Number 39 of 1999 concerning Human Rights, and Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations. Meanwhile, international law applies Convention Number 169 of the International Labor Organization (ILO), as well as the United Nations Declarations on the Rights of Indigenous Peoples (UNDRIP). Therefore, this writing aims to explain the point of view of how Indonesian national law views human rights violations in the agrarian sector through domestic regulations, as well as how international law through international instruments views human rights violations in the agrarian sector. This writing was also prepared based on normative juridical sources through Indonesian national regulations and related to international instruments. Human Rights are a set of rights that are essentially inherent in humans. This right is natural, cannot be contested or taken away, and applies universally. Violations of human rights occur if these rights are taken away or challenged by other parties. The field of human rights violations is very broad, covering various rights possessed by humans, including in this case regarding land in the agrarian sector. Violations of human rights in the agrarian sector are basically similar to violations of human rights in other fields, the difference being the object of the right that gives rise to the human rights violation. In this case, the object in question is land in the agrarian sector. Indonesian national law and international law have slightly different perspectives regarding human rights violations in the agrarian sector. The difference is regarding control over the agrarian sector. National law has independent rights over the agrarian sector within its territory without interference from other parties outside the country, including international law. However, this form of violation of human rights, even in the agrarian sector, remains the subject of international law, as is the universal principle held by human rights law. To provide protection of rights in the agrarian sector, Indonesian national law applies the provisions of the 1945 Constitution, Law Number 39 of 1999 concerning Human Rights, and Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations. Meanwhile, international law applies Convention Number 169 of the International Labor Organization (ILO), as well as the United Nations Declarations on the Rights of Indigenous Peoples (UNDRIP). Therefore, this writing aims to explain the point of view of how Indonesian national law views human rights violations in the agrarian sector through domestic regulations, as well as how international law through international instruments views human rights violations in the agrarian sector. This writing was also prepared based on normative juridical sources through Indonesian national regulations and related to international instruments.

This research work examines police brutality and violation of human rights in Nigeria – causes and its implications. The objectives of the study is to establish some cases of police brutality in Nigeria; to investigate the causes of police brutality and violation of human rights in Nigeria; to ascertain the implications of police brutality in Nigeria and to recommend ways to prevent police violence in Nigeria. To be able to achieve these objectives, four research questions were raised, such as, are there testimonies and evidences of human rights violation in Nigeria by the police? What are the causes of police brutality and violation of human rights in Nigeria? What are the implications of police brutality in Nigeria? How can police brutality and violation of human rights be prevented in Nigeria? The study made use of descriptive analytical method to analyze data gotten from secondary source such as academic journals, Newspaper publications, Television documentaries, Internet, relevant textbooks etc. Albert Bandura Social learning theory was adopted in this research, which explains that police, violates people’s right with impunity because they watch as other officers who violate people’s rights are not well sanctioned. The research reveals that police brutality in Nigeria has led to loss of lives, torture of detainees and extortion of suspects. Some of the recommendations are; The Nigerian police commission should strictly investigate and sanction erring officers, there should be a proper police reform, men of the Nigerian police should be subjected to a thorough mental examination before engaging them to service etc.

The 'Asian Values' Perspective of Human Rights: A Challenge to Universal Human Rights

African States have ratified a number of human rights treaties that require them to respect, protect and fulfil (facilitate, provide and promote) human rights, as well as to prevent violations of human rights. In practice, States and non-State actors have paid very little attention to the obligation to prevent human rights violations. This article examines the obligation of States to prevent violations of human rights and remedies for human rights violations. It considers the application of international human rights law within the national law of the State. It further examines discrimination based on sexual orientation drawing on State practice as reflected in domestic legislation and judicial decisions from Zimbabwe, Uganda and Malawi. It is observed that the obligation to prevent violations of human rights requires a new approach to human rights in Africa and what States must do to comply with international human rights obligations. The obligation to prevent requires States to refrain from acts or omissions they foresee or ought reasonably to foresee will create, contribute to or result in violations of human rights before they occur within and beyond State borders, and to take effective measures to prevent similar violations in the future. Despite the fact that most attention to violations of human rights has tended to be retroactive, the obligation to prevent violations of human rights necessitates taking action before individuals or groups of individuals suffer violations of human rights.

The Reverend Nicolau Costa, a Roman Catholic priest in Kuito, Angola, is featured on the cover this month for his unrelenting work as an unofficial and unpaid investigator of human rights violations by government soldiers and police officers. “As a priest I go everywhere, mostly by foot, but the population is traumatized to such an extent that many people don't complain anymore,” explained Father Costa. “But it's hard for me to keep quiet. I speak what I feel, what I see. What I see is horrible.” In recent years, the Roman Catholic Church has become one of the most important independent voices in Angola, where government corruption and violence have claimed more than 30 000 lives in Kuito and devastated the physical and mental health of countless others since the country gained its independence from Portugal in 1975. In her essay “Where Are the Women?” published in the October 21, 2001, issue of The Nation, Katha Pollit asks, “Are there any people on earth more wretched than the women of Afghanistan? As if poverty, hunger, disease, drought, ruined cities and a huge refugee crisis weren't bad enough, under Taliban rule they can't work, they can't go to school, they have virtually no health care, they can't leave their houses without a male escort, they are beaten in the streets if they lift the mandatory burqua even to relieve a coughing fit.” In combination with the stricture requiring the windows in Afghan houses to be painted over to prevent men passing by from glimpsing women, the burqua has resulted in an outbreak of osteomalicia, a bone disease caused by malnutrition and lack of sunlight. A human rights perspective is vital for all public health workers, not just those in such places as Angola and Afghanistan. Sofia Gruskin, JD, MIA, director of International Health and Human Rights at the Francois-Xavier Bagnoud Center for Health and Human Rights at the Harvard School of Public Health, recently joined the Journal's editorial staff as an associate editor for health and human rights. Her thoughtful article featured herein, “Understanding and Responding to Youth Substance Use: The Contribution of a Health and Human Rights Framework” (p 1954), not only reorients thinking about the worldwide epidemic of substance use among young people, it also provides a solid approach for improving their lives. Other papers on health and human rights published in this issue include an editorial by Cheryl E. Easley, Stephen Marks, and Russell Morgan entitled “The Challenge and Place of International Human Rights in Public Health” (p 1922) and a research article by Vincent Iacopino and colleagues entitled “A Population-Based Assessment of Human Rights Abuses Committed Against Ethnic Albanian Refugees From Kosovo” (p 2013). Fred Halliday, professor of International Relations at the London School of Economics, wrote in response to the terrorist attacks of September 11: “The chances of a discussion on the uses of violence is [sic] contradicted by talk of a clash of civilisations and of incompatibilty of Western and Islamic values. … The argument will not be settled by invoking cultural clashes or trawling around in holy texts for quotes for and against violence and resistance. All religions have, if people chose to dig them out, texts and precedents which legitimise violence, terror, and senseless sacrifice by individuals. … The framework for addressing these issues, of conflict between states and of differences within them, is not cultural or civilisational at all, but universal, based on international law and the principles of the United Nations” (The Guardian, September 16, 2001). Accordingly, we welcome Professor Gruskin to the editorial staff and, in doing so, seek with her to—as she writes—“[broaden] the dialogue on new ways to promote and protect the health of [all] that are effective, as well as—or precisely because they are—consistent with human rights principles.”

Effective protection of fundamental human rights is one of the main features of a modern democratic state governed by the rule of law. Non-governmental human rights institutions are an important component of the international human rights protection mechanism, as they operate at the local, regional, national and international levels. The relevance of the study is due to several factors, including: increased attention to human rights in the international legal system, increasing cases of human rights violations in the world, and the lack of effectiveness of national human rights mechanisms. Among other things, the Russian-Ukrainian war is of particular relevance, as the level of human rights violations in the conflict zone is extremely high. In view of this, a comprehensive study of the role of international non-governmental organisations in international human rights mechanisms is clearly relevant. The aim of the work is defining the role of non-governmental organisations in the international human rights protection mechanism and determining the forms of participation of international non-governmental organisations in the protection of human rights at the international level. The methodological basis of the study. In order to achieve this goal, an integrated approach is applied, which determines the use of general and special scientific research methods. In particular, the functional method was used to determine the functions of international non-governmental organisations in the field of human rights protection. The formal legal method was used to analyse the provisions of international legal acts. The systemic-structural method was used to identify the main features of the participation of international non-governmental organisations in the mechanism of human rights protection at the international level. The methods of analysis, synthesis, induction, deduction, and analogy were also used to formulate conclusions and proposals. Results. The article examines the role of international non-governmental organisations in the international human rights mechanism. The study covers the results of the activities of international non-governmental organisations Amnesty International, Human Rights Watch, International Federation for Human Rights, Human Rights First, Interights and other non- governmental organisations that draw the attention of citizens and governments around the world to human rights violations. It is noted that the activities of non-governmental organisations in addressing the issue of human rights protection are effective and have an important impact on the resolution of human rights violations. It is emphasised that the role of international non- governmental organisations is growing in the current context, as their activities have an impact on addressing human rights violations in the context of the Russian-Ukrainian war.

PurposeThe purpose of this paper is to explore the most prominent human rights violations during the COVID-19 pandemic in accordance with international human rights law.Design/methodology/approachThrough doctrinal and legal study and content analysis, this paper analyses the important relevant legal provisions under International human rights law and applies these provisions to the reality of managing the COVID-19 crisis to identify the most prominent human rights violations during the COVID-19 outbreak. This research paper considered as a review paper in that it provides a review of the most prominent measures taken during the COVID-19 crisis, which constitutes violations of international human rights law.FindingsIt is concluded that some measures that have been taken by countries to confront the COVID-19 pandemic have constituted violations of human rights and did not comply with the legal conditions to restrict human rights. Indeed, the COVID-19 pandemic has shown the ugly fractures in health-care systems, health inequities, racism and discrimination, Undermining the right to freedom of expression and the right to access information, gross negligence in protecting detainees from COVID-19 infection, all of these constitute clear violations of the principles of international human rights law.Research limitations/implicationsThe spread of COVID-19 has not stopped, and its effects still continue, including human rights violations. Therefore, this paper cannot enumerate all human rights violations that occur during the spread of COVID-19.Practical implicationsBased on the results in this paper, governments need to be more prepared to face any health crisis at all levels including health care, which would reduce human rights violations.Social implicationsThis research paper reflects positively on the social reality, as the adoption of its recommendations leads to the provision of adequate health care to all members of society in accordance with the principles of human rights, granting them the right to access information, protecting their right to freedom of expression, reducing the phenomenon of racism and discrimination and providing adequate health care to all detainees.Originality/valueThis paper studies an up-to-date topic that we are still living and seeing its effects. The benefit of this paper is to provide recommendations that protect human rights during the COVID-19 pandemic.

As demonstrated by the different chapters of this book, without a strong human rights perspective, business activities and transnational investments risk exacerbating human rights violations, environmental pollution, land grabs, gender-based marginalization, and forced displacements amongst others, across Africa. Considering the increasing manifestations of direct and indirect human rights violations resulting from transnational investment activities and operations across Africa, comprehensive and wide-ranging responses are required. However, as shown in the case studies in this book, sectoral and piecemeal efforts on business and human rights have been prevalent in many African countries. This has not fostered a holistic consideration of the guiding principles of mainstreaming human rights norms into all aspects of development planning across Africa in order to better anticipate and address human rights risks. Furthermore, clear operational guidelines are required to simplify what responsible corporations operating in Africa must do to anticipate and address human rights risks. This chapter discusses the need for greater coherence in the development and implementation of national action plans and regulation on business and human rights in Africa. It examines the guiding principles of mainstreaming human rights standards and considerations into all aspects of development planning and decision making, in order to effectively anticipate and address direct and indirect human rights impacts of economic activities. It discusses the need for coherent and holistic legal responses; clear and comprehensive legislation; institutional coordination; as well as comprehensive human rights due diligence by business enterprises operating in Africa in order to better anticipate and manage BHR risks.