The Judicialization of Chilean Politics: The Rights Revolution That Never Was
Ever since the arrest of General Augusto Pinochet by British authorities in October 1998—and the trial that followed it over the next two years—the judicialization of Chilean politics has been associated with this landmark case. Indeed, given the spectacular nature of the trial of one of the world’s most notorious dictators in a procedure that seemed to inaugurate the era of universal jurisdiction in cases involving gross human rights violations, it is only natural that journalistic and academic attention has focused on the role of the Chilean courts in this case, as well as in others dealing with human rights violations perpetrated during the 17-year-long regime initiated with the military coup of 1973. As a result of this interest, there has been a considerable amount of research over the past few years that have addressed the origins, trajectory, and potential consequences of the Pinochet and related trials for the future of Chile’s democratic system.1
- Research Article
6
- 10.2139/ssrn.1673476
- Apr 15, 2008
- SSRN Electronic Journal
Economic Sanctions Against Human Rights Violations
- Research Article
1
- 10.4314/erjssh.v10i1.10
- Aug 1, 2023
- Ethiopian Renaissance Journal of Social Sciences and Humanities
The main objective of the study is to examine the depiction of democratic and human rights abuses in Amelmal’s, Yältäkoäche Guzo (Unfinished Journey). One of the considerable importances of literature all over the world is its use of sympathetic and attractive literary language to expose basic human right abuses since human rights are also part of human life. Therefore, analyzing the roles of literatures that are written in Amharic language in portraying basic human rights violations is paramount. However, literatures written in Amharic language are not well studied from human rights violation perspectives. This article, therefore, explores how the violations of basic human rights are depicted in the selected novel. Because there was no computable data used, the study considered qualitative research method. Regardless of the system by which a country is ruled, human rights are inviolable because they are innate. The analysis of the novel, however, depicts that the inviolable human and democratic rights of human beings have been violated. The finding of the study showed that the depiction of human and democratic rights violations was explicit. It showed that people’s rights to life, rights to equality, rights to liberty, and rights to election were abused during the two political regimes.
- Research Article
- 10.2139/ssrn.3371900
- Apr 14, 2018
- SSRN Electronic Journal
Crime Against Humanity in the Chechen Republic of the Russian Federation
- Book Chapter
- 10.1163/9789047407423_008
- Jan 1, 2005
Oil-Exploitation in Nigeria: Procedures Addressing Human Rights Abuses
- Research Article
6
- 10.1080/14623520701368685
- Jun 1, 2007
- Journal of Genocide Research
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...
- Research Article
1
- 10.37676/sosj.v1i1.341
- Feb 20, 2024
- Social Sciences Journal
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.
- Research Article
1
- 10.1111/josp.12362
- Jun 25, 2020
- Journal of Social Philosophy
Beyond Claim‐Rights: Social Structure, Collectivization, and Human Rights
- Dissertation
- 10.33612/diss.689971710
- Jun 27, 2023
Corruption has devastating impacts on the realization of human rights. As of yet, corruption has not been classified as a violation of human rights. This dissertation argues that the conceptualisation of corruption as a violation of human rights in Indonesia is possible and beneficial. To identify the intersection of corruption and human rights, this dissertation focuses on corruption in the health and education sectors.The evolution of normative outputs of International Human Rights Institutions on corruption as a violation of human rights suggests that it is possible and beneficial to conceptualise corruption as a violation of human rights. It examines doctrinal issues relating to the authority of human rights courts to assess the causality between corruption and human rights injuries and argues that judicial activism by several Indonesian judges shows that conceptualisation of corruption as a violation of human rights is not impossible. Finally, this dissertation discusses the development of corruption as a violation of human rights from emerging norm into an accepted legal norm. This study combines the concept of international norm dynamics developed in international relations theory with the interactional legal theory and it shows the role of norm entrepreneurs in developing the standard of legality related to corruption as a violation of human rights. This study ends with recommendations for Indonesia and international actors on how to foster the process of conceptualising corruption as a violation of human rights through the formulation of normative outputs that enrich the content of the link between corruption and human rights.
- Research Article
- 10.4314/mlr.v19i1.6
- Mar 31, 2025
- Mizan Law Review
This article assesses the frameworks and practical engagements of the Ethiopian Human Rights Commission (EHRC) in monitoring the national level implementation of recommendations provided by the African Commission on Human and Peoples’ Rights. A qualitative study has been conducted based on laws, data, document analysis and interviews. The findings of the study indicate that prior to its reform (which began in 2019), EHRC had neither established frameworks for its engagement in monitoring the implementation of recommendations issued by African Commission, nor had it started practical engagement in this area. Following its reform, although EHRC has established institutional frameworks for engagement with international and regional human rights monitoring bodies, it has yet to adopt specific guidelines or directive to guide its involvement in monitoring the implementation of the African Commission's recommendations on cases of human and peoples' rights violations. Furthermore, it has not initiated practical engagement in this particular area. This article suggests that –as an institution with a statutory duty to coordinate international and national efforts to enhance the implementation of recommendations offered by regional human rights monitoring bodies and to advocate for ensuring justice to victims of human rights violations– EHRC should adopt specific guidelines to guide its engagement in this specific area and begin effective engagement with all stakeholders in monitoring the implementation of recommendations issued by the African Commission.
- Research Article
- 10.5937/pravzap0-21206
- Jan 1, 2019
- Pravni zapisi
On the one hand, business entities have a huge potential to contribute to economic and social progress and consequently to the advancement of human rights. On the other, violations of human rights connected with business are very common. Although the Universal Declaration of Human Rights (UDHR) calls upon every organ of society, and thus business entities, to promote respect of human rights, the subsequent international human rights treaties, including the European Convention of Human Rights (the Convention), only oblige States to respect, protect and fulfill human rights. Against this backdrop, an attempt has been made to analyse the case-law of the European Court of Human Rights (the Court) with respect to the State's responsibility for business-related human rights violations. The analysis reveals that the State will bear responsibility for business-related human rights violations if acts or omissions of a business entity, amounting to a violation of a particular right guaranteed under the Convention, can be directly attributed to that State. This would occur, for instance, in case a company is considered a governmental organisation or where the State empowers a business entity to perform public authority functions. In this situation, the State would be responsible for violating its negative obligations under the Convention, namely its obligation to refrain from conduct that breach human rights through its own action or those of its agents. Furthermore, the State will bear responsibility for business-related human rights violations if it fails: (a) to regulate business activities in order to prevent business-related human rights violations; (b) to investigate business-related human rights violations; and (c) to establish effective remedies for this kind of human rights violations. In these situations, the State would be responsible for violating its positive obligations under the Convention. This paper describes the State responsibility for violations of its negative obligations in business and human rights context as a direct responsibility for business-related human rights violations while its responsibility for violation of positive obligations describes as indirect State responsibility for business-related human rights violations. The analysis also reveals that despite the Court's intention to interpret the Convention in accordance with general rules of international law, including rules on the State's responsibility for internationally wrongful acts, it has its own specific approach. In determining whether the State can be held directly responsible for acts or omissions of business entity the Court combines several criteria. It takes into account: (a) the company's legal status (under public or private law); (b) the nature of its activity (a public function or an ordinary commercial business); (c) the context of its operation (such as a monopoly); (d) its institutional independence (the extent of State ownership); and (e) its operational independence (the extent of State supervision and control). Through the dynamic interpretation of the Convention and the elaboration of the concept of positive obligations, the Court has, to a certain extent, succeeded in providing individual protection at international level for business-related human rights violations.
- Research Article
- 10.3366/ajicl.2025.0521
- May 1, 2025
- African Journal of International and Comparative Law
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.
- Abstract
- 10.1016/s0140-6736(17)32070-6
- Aug 1, 2017
- The Lancet
Moral and professional responsibilities in the context of Palestinian health-care: a qualitative study on the role of medical associations and professional societies
- Research Article
3
- 10.3390/ijerph19063376
- Mar 13, 2022
- International Journal of Environmental Research and Public Health
Background: Korean society has become an elderly society at an unprecedented rate, and the associated social and economic problems are very serious. Maintaining a healthy oral condition is important for older people’s well-being and quality of life, and is essential for healthy ageing. Therefore, the purpose of this study was to investigate the effect of dental hygienists’ experiences related to the elderly on their perception of human rights violations toward the elderly. Methods: This study was conducted through an IRB review at Silla University in Korea (No. 1041449-202012-HR-001). For about a month after 1 February 2021, the survey questionnaire was distributed to dental hygienists living in South Korea, and 153 people who completed and sent back the questionnaires were selected as the final subjects. The items on the questionnaire consisted of perception of human rights violations for the elderly and experiences related to the elderly. A polyserial correlation analysis was performed to confirm the relevance of each factor, and a multiple regression analysis was performed to identify the factors of elderly-related experiences that affect the perception of human rights violations against the elderly. Results: All three experiences related to the elderly (the experience of receiving education related to the elderly, the experience of volunteer work related to the elderly, and the experience of being interested in issues related to the elderly) were highly related to the perception of violations of financial human rights of the elderly (p < 0.01). In addition, the experience of education related to the elderly showed a high perception of psychological violations of the human rights of the elderly (R = 0.405, p < 0.01), and the experience of volunteer activities related to the elderly showed a high perception of neglectful violations of human rights of the elderly (R = 0.277, p < 0.01). Conclusions: In this study, it was confirmed that there is a relationship between dental hygienists’ experiences related to the elderly and their perception of human rights violations in the elderly. Therefore, dental hygienists should do their best to manage the elderly’s oral health by raising awareness of the human rights violations against the elderly through the elderly professional course based on their experience with the elderly.
- Research Article
- 10.31861/mediaforum.2023.13.79-96
- Dec 22, 2023
- Mediaforum : Analytics, Forecasts, Information Management
The purpose of the article is that, based on the laws of Ukraine, documents of the Crimean Tatar Resource Center, Summit "Crimean Platform", media materials to objectively reveal the activities of the russian federation regarding violation of human rights in the temporarily annexed Ukrainian Crimea. To achieve the goal, the author analyzed many examples violation of russian human rights and freedoms, norms of international humanitarian law that took place in Crimea. The documented protests of Ukraine are highlighted, with which the state appeals to international organizations, international courts, regarding the actions of the russian federation, but so far they do not have the necessary influence on the policy of the aggressor state. However, the return of the occupied territories requires quick and decisive actions. Understanding this, high-ranking officials of Ukraine significantly intensified activities regarding the de-occupation of Crimea, are looking for various tools to change approaches and actions regarding the temporarily occupied territory of Crimea. The activity of the authorities of Ukraine shows, that the state is constantly trying to bring the time of Crimea's return closer, opposes the violation of human rights, demands that the russian federation respect the rights and freedoms of residents on the temporarily annexed peninsula. Although the russian federation temporarily retains physical control over Crimea, but the peninsula was and remains the sovereign territory of Ukraine. Russia's false claims to sovereignty over Crimea were resolutely rejected by the entire international community.
- Research Article
62
- 10.3389/fpsyt.2020.603875
- Jan 8, 2021
- Frontiers in Psychiatry
Background: COVID-19 prevention and mitigation efforts were abrupt and challenging for most countries with the protracted lockdown straining socioeconomic activities. Marginalized groups and individuals are particularly vulnerable to adverse effects of the pandemic such as human rights abuses and violations which can lead to psychological distress. In this review, we focus on mental distress and disturbances that have emanated due to human rights restrictions and violations amidst the pandemic. We underscore how mental health is both directly impacted by the force of pandemic and by prevention and mitigation structures put in place to combat the disease.Methods: We conducted a review of relevant studies examining human rights violations in COVID-19 response, with a focus on vulnerable populations, and its association with mental health and psychological well-being. We searched PubMed and Embase databases for studies between December 2019 to July 2020. Three reviewers evaluated the eligibility criteria and extracted data.Results: Twenty-four studies were included in the systematic inquiry reporting on distress due to human rights violations. Unanimously, the studies found vulnerable populations to be at a high risk for mental distress. Limited mobility rights disproportionately harmed psychiatric patients, low-income individuals, and minorities who were at higher risk for self-harm and worsening mental health. Healthcare workers suffered negative mental health consequences due to stigma and lack of personal protective equipment and stigma. Other vulnerable groups such as the elderly, children, and refugees also experienced negative consequences.Conclusions: This review emphasizes the need to uphold human rights and address long term mental health needs of populations that have suffered disproportionately during the pandemic. Countries can embed a proactive psychosocial response to medical management as well as in existing prevention strategies. International human rights guidelines are useful in this direction but an emphasis should be placed on strengthening rights informed psychosocial response with specific strategies to enhance mental health in the long-term. We underscore that various fundamental human rights are interdependent and therefore undermining one leads to a poor impact on the others. We strongly recommend global efforts toward focusing both on minimizing fatalities, protecting human rights, and promoting long term mental well-being.