Application Of Human Rights Research Articles

Contextualizing Human Rights in Multicultural Environments

This paper explores the intricate relationship between socio-cultural dynamics and human rights in multicultural societies. It examines how norms, belief systems, and power structures shape the perception and exercise of these universal principles. The study employs a qualitative research design, specifically using the Cultural Relativism Framework, to investigate how cultural norms and values influence the interpretation and application of human rights. Through the analysis of literature and case studies, the paper elucidates the interaction between cultural context and human rights interpretations. It acknowledges that human rights are not uniform but are influenced by diverse cultural contexts. Key findings underscore the significance of multiculturalism in human rights interpretation, the impact of social, cultural, and political contexts, the intersection of values, beliefs, and customs, and the roles of states, civil society, and international organizations in shaping human rights discourse. The paper advocates for educational initiatives, intercultural dialogue, inclusive policymaking, and legal reforms to promote and protect human rights in diverse societies. It recommends enhancing human rights education, facilitating intercultural exchange, empowering civil society, addressing discrimination and inequality, and integrating customary laws with formal legal systems. By fostering mutual respect and understanding, societies can uphold human rights and cultural diversity, enabling peaceful, equitable coexistence. This assertion is based on empirical observations and scientific principles that highlight the importance of mutual understanding in preserving human rights and promoting cultural diversity. This paper contributes to a deeper understanding of human rights, advocating for a balance between universal principles and cultural specificities.

‘Between the Devil and Deep-Blue Sea’: Comparing the Extraterritorial Application of the ECHR and the ICCPR in the Protection of Migrants at Sea

The concept of jurisdiction is often said to encapsulate the very essence of human rights “qua normative relationship between rights holders and institutions as dutybearers” (Besson, 2012; 860). Twenty-first century human rights jurisprudence has highlighted one of the most contentious issues in relation to jurisdiction: the limits that human rights place on State behaviour outside national territory. In the context of migration, the extraterritorial application of human rights is a particularly critical concern. Loss of life on the high seas, refoulement at sea, and the striking systematic ineptitude of search and rescue operations by European countries have placed the debate on extraterritoriality at the heart of the human rights discourse on migrants and refugees. This Paper will compare and contrast extraterritoriality at the European Court of Human Rights and the Human Rights Committee (HRCttee), in order to put their jurisprudence into perspective and assess the current state of the law. A functional account of jurisdiction will be supported, whereby the State should protect human rights wherever in the world it operates, and whenever it can reasonably do so. Through a comparative analysis, I will argue that the principles of universality and effectiveness render extraterritorial applicability a necessary doctrine in human rights law. By juxtaposing the ECtHR with the HRCttee, I will illustrate the wide acceptance of extraterritoriality in the migration context, highlight the needs for improvement in future jurisprudence, and justify the functional approach to human rights protection that this Paper advocates.

The relevance of indigenous knowledge systems in social work education and practice in Zimbabwe: A human rights perspective

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.

Integrating human rights in social work education in Europe

ABSTRACT The engagement of social workers with human rights is deeply embedded in the history of the profession and discipline. Therefore, incorporating human rights into social work curricula is paramount. However, comparative research on the integration of human rights in Europe is largely missing. This article addresses the gap by analyzing curricula in eight European countries. It is based on a symposium organized by the Special Interest Group on Human Rights in Social Work within the European Association of Schools of Social Work in 2022. The article focuses on three questions: What explicit references to human rights can be found? How are human rights linked to political and structural aspects? In what form is the significance of human rights for social work practice considered? The analysis encompassed the curricula of Bosnia and Herzegovina, Poland, Austria, Ireland, the Netherlands, Germany, Belgium, and Finland. It shows that human rights are an integrated component within all degree programs in these countries, albeit in different forms and to different extents. However, the critical analysis also shows significant shortcomings, e.g. missing emphasis on human rights topics within the curriculum and insufficient consideration of the practical applicability of human rights.

Establishing a practical test for the end of non-international armed conflict

Abstract When do non-international armed conflicts (NIACs) end? Determining the existence of a NIAC requires a detailed, fact-intensive inquiry. Since the International Criminal Tribunal for the Former Yugoslavia's seminal decision in the Tadić case, international courts and tribunals have evaluated the existence of NIACs under the Tadić test's two-pronged inquiry into intensity and organization. Although that decision also pronounced that international humanitarian law (IHL) continues to apply until a “peaceful settlement is achieved,” neither international tribunals nor scholars have articulated a comparably widely accepted and well-developed test for determining the end of NIACs. At the same time – and especially since 9/11 – States have increasingly relied on IHL to meet the threat posed by non-State actors, broadening the scope of conflict-related liabilities in armed conflict without conferring the privileges or immunities otherwise inherent in IHL. This one-sided approach twists the purpose of IHL and places members of organized armed groups into legal black holes without temporal limitations, as States resist the termination of “armed conflict” irrespective of the continuing intensity of violence or the level of organization of non-State actors. Ultimately, the current approach gives States broad discretion without appropriate safeguards, which undermines the proper application of human rights and humanitarian principles within conflict and prevents the establishment of a sustainable peace. This paper argues that the most appropriate test for ascertaining the end of a NIAC is one that combines objective consideration of the diminution of organized and intense hostilities below the Tadić threshold with the likelihood that hostilities will not again rise above that threshold. It thus draws from but does not fully endorse the preferred approach of the International Committee of the Red Cross (ICRC), which focuses on the lasting termination of hostilities,1 while abjuring a general temporal limitation. Although commendable for its effort to avoid the legal uncertainty that attends the revolving conflict classification problem, the ICRC's approach unfortunately tends to encode existing uncertainty surrounding the termination of NIACs and to indistinctly prolong the application of IHL to erstwhile conflict situations. In contrast, the authors suggest that a test for the end of NIAC based on a specific period (five months following the diminution of organized and intense hostilities below the Tadić threshold), subject to an evaluation of the risk that those hostilities may resume, better balances certainty of legal application with the promotion of a return to peace. The authors will employ the facts of diverse case studies, including the FARC in Colombia, the LTTE in Sri Lanka, numerous armed groups in Mali, and the United States with Al-Qaeda, to build a legal standard that courts can use to determine IHL's continuing applicability to an erstwhile armed conflict.

Intersecting Visions of Justice: The Philosophical Tapestry of Human Rights and Human Nature in the Thoughts of Macintyre, Arendt, Nino, and Habermas

This study explores the philosophical foundations of human rights concerning freedom, equality, and solidarity through the lenses of Iusnaturalism, Iuspositivism, and Ethical Constructivism, with a special focus on Alasdair MacIntyre, Hanna Arendt, Carlos Santiago Nino, and Jürgen Habermas. It examines MacIntyre’s revision of Iusnaturalism with an Aristotelian approach, Arendt’s methodological Iuspositivism highlighting legal frameworks, Nino’s rationality-based human rights theory, and Habermas’ emphasis on communicative action and social constructs. This research navigates the dynamic interplay of these theories, offering a multi-dimensional perspective on the evolution, validation, and application of human rights in contemporary society. Significantly, it introduces a dialectical perspective on rationality as a dynamic and evolving human attribute, addressing the constructivist necessities in defining human nature amidst prevailing uncertainties.

TENDENCIES IN IMPROVING THE APPLICATION OF LEGAL RULES OF NATIONAL MINORITIES AND ETHNIC GROUPS

In the paper, the authors discuss the tendencies of development and improvement of legal guarantees of international and national regulations of individual countries and definitions of the term national minority and ethnic groups. We start from the hypothesis that international and national legal rules are well established, with the aim of improvement, but in practical application at the local level, the provisions of the Council of Europe Convention on the Protection of National Minorities, which represents the first comprehensive regional international agreement and legally binding international instrument, are bypassed or omitted, dedicated to the protection of national minorities. The definition of new and special rights and freedoms of man and citizen, that is, the scope and application of human rights and freedoms can be classified into different groups. The work will deal with the analysis of the rights and freedoms of ethnic groups and national minorities, the rights and freedoms of foreigners and stateless persons, the position of law in the field of governance, the constitutional duties of man and citizen in accordance with the criteria of the mutual relationship between the individual, that is, the citizen and the state. Researching the right to education, freedom of scientific and artistic creation represents freedom of thought as one of the spiritual freedoms. The Constitution of the Republic of Serbia guarantees the freedom of scientific and artistic creativity, the publication of scientific and artistic works, guarantees moral and material rights to authors, and more. The essential part of the analysis refers to the research and strict application of the rights of members of national minorities, that is, the detailed elaboration and respect of minority rights, the prohibition of discrimination of national minorities, equality in the management of public affairs, the prohibition of forced assimilation, the right to preserve uniqueness and develop the spirit of tolerance, as well as the right to association and cooperation with compatriots. The Framework Convention of the Council of Europe on the Protection of National Minorities - represents the first comprehensive regional international agreement and the first legally binding international instrument, which is entirely dedicated to the protection of national minorities.

Introduction: Multilayered Communities and the Application of Human Rights in the Era of High Mobility

Introduction: Multilayered Communities and the Application of Human Rights in the Era of High Mobility

Human rights in Australia’s early international relations: unity, prosperity, and the abolition of slavery

ABSTRACT For the most part, histories of Australia’s international relations locate the origins of its engagement with the international human rights regime in the 1940s. By then, however, debates about human rights had been appearing in the Australian newspapers for more than a century, focused, among other things, on the application of universal rights to the foreign peoples with which the colonies were engaged in their international affairs. Drawing on archival materials and newspaper articles from 1803 to 1901, this article examines the place of human rights in the international relations of nineteenth century colonial Australia. Focusing on debates over the use of Indian and South Sea Islander indentured labour, it demonstrates how ideas developed in the context of the anti-slavery movement of the eighteenth and early nineteenth centuries shaped debates about the universal applicability of human rights in the Australian colonies’ engagements with others. In doing so, it provides an account of the early development of human rights ideas in the Australian colonies and demonstrates how they sought to resist human rights claims in their international affairs, choosing instead to prioritise the pursuit of national (racial) unity and prosperity over the rights of others.

Oslo and the Shifting Paradigms of the Human Rights Community in Israel and Palestine

Abstract Despite some improvement to the lives of Palestinians through human rights activism, this article argues that the legal regime governing Occupied Territories, combined with a rigid legalized conception and application of human rights, limits the ability to achieve human rights protections for those living under prolonged military occupations. Drawing on a critique of liberal legalism, this article will identify four key barriers to change through an analysis of court cases and human rights reports in the Israeli military occupation of the Palestinians. It will trace key shifts in human rights organizations in Israel and Palestine, which seek to overcome these limitations in an effort to secure long-term human rights for Palestinians.

Humanizing aquaculture development: Putting social and human concerns at the center of future aquaculture development

AbstractCompared with other aquaculture issues, attention to human and social dimensions is lagging behind. Sectoral development, policy, and programmatic factors have created inequities and sub‐optimal social outcomes, which are jeopardizing the broader contribution the sector could make to human well‐being. Human rights in aquaculture are at the core of this article, which argues that aquaculture development, as a major economic and food producing sector, needs to be about human development. The article reviews: the application of human rights in aquaculture, and the related right to decent work; the notions of justice and equity including the idea of Blue Justice and its relevance in aquaculture; and ethics and social license to operate with the challenges that business ethics and public acceptance pose to the sector. It also reviews how these issues affect people: women, along with slow progress in gender equality in the sector; youth and their engagement in aquaculture, while noting that ‘youth’ does not equate to “jobs” and requires the lifting of many more societal hurdles for their full participation in the sector; indigenous people and local ecological knowledge—a precious asset for future aquaculture as well as the survival and enhancement of the cultural value of aquaculture; and people with disabilities and other minorities who have yet to become fully visible and accounted for in aquaculture development. Redressing human and social issues in aquaculture, and placing people at the center of aquaculture development requires a fundamental change from business as usual. To humanize aquaculture development, a renewed human relationship with aquaculture is proposed, which is founded on recognizing substantive equality and agency, embracing intersectionality, that is, the multiple social dimensions of identity and interaction, and valuing cross‐disciplinary knowledge systems. It would be implemented through new, inclusive, business models, social provisioning approaches, and procedural justice and governance mechanisms for overcoming inequalities. Public, private, and non‐state actors will need to be involved, inclusive of small‐scale farmers, women, youth, people with disabilities, and indigenous communities as key groups. Six key messages conclude the article.

Digital Rights and the Outer Limits of International Human Rights Law

AbstractThis article explores the extent to which key normative and institutional responses to the challenges raised by the digital age are compatible with, or interact with, changes in key features of the existing international human rights law (IHRL) framework. Furthermore, the article claims that the IHRL framework is already changing, partly due to its interaction with digital human rights. This moving normative landscape creates new opportunities for promoting human rights in the digital age, but might also raise new concerns about the political acceptability of IHRL. Following an introduction, Section B of the article will describe the development of digital human rights, using a “three generations” typology. Section C will explain how new developments in the field of digital human rights coincide with broader developments in IHRL, including: the extra-territorial application of human rights, obligations on governments to actively regulate private businesses and the erosion of normative boundaries separating specific human rights treaties from other parts of IHRL and international law. These two segments are followed by concluding remarks.

Penerapan Hak Asasi Manusia dalam Penyidikan Perkara Pidana Pencurian Kendaraan Bermotor di Polrestabes Medan

The purpose of this research is to analyze the application of human rights, the obstacle factors and efforts to overcome them against the suspected perpetrators of motor vehicle theft at the investigation stage at the Medan Police. The research method used is descriptive method, while the data analysis technique uses qualitative. The results of the study indicate that the Medan Police as a law enforcement officer has tried to implement human rights in carrying out investigations into criminal acts of ranmor, and still prioritize the purpose of the investigation, which is to make the case clear and find the suspect. The obstacles faced in the effort to implement human rights for ranmor suspects are: the police must try to fully uncover the ranmor case even with various examination techniques, the intervention of the ranmor victim during the investigation and while in detention, being given lessons in the form of physical violence, and the behavior of the suspect who often does not cooperative during the investigation process so as to force the investigator to conduct an examination using physical force. The efforts that can be made to overcome the obstacles faced in the effort to implement human rights for ranmor suspects are: trying to fully uncover the case without using physical violence, firmly rejecting all forms of intervention from victims of the ranmor crime, and providing understanding for the ranmor suspect on the importance of attitude. cooperatively during the investigation for the purpose of mutual interest.

Discovering and Rediscovering Human Rights History

ABSTRACT This article surveys one historian’s experience in researching and teaching about the role of religion in the development of modern human rights in the era of the two world wars and the Holocaust. The first part focuses on the so-called Catholic human rights revolution. It examines transformations in Catholic political thought and social action as a process rather than a revolution—a gradual, incremental, and often contested dynamic that was neither linear nor inevitable. The second part pivots to explain how research on the contested origins of human rights in Catholic thought and social action have stimulated a broader teaching interest in the origins and contemporary meaning of human rights. The article argues that this dynamic of contestation is critical to understanding human rights history in order to lay bare why we have been arguing for decades and even centuries about the nature and application of human rights, and why those arguments matter to the political and moral force that the idea of human rights claims in our world.

Corporate Prosecutions – on Some Relevant Issues Related to the Criminal Procedural Status of Legal Entities

The article is dedicated to the issues related to corporate prosecution, which the authors see as relevant. The two main lines explored herein are the applicability of human rights to legal entities and the possibility of using procedural (preventive, security coercive measures during the proceedings. The outcomes of researching the currently valid regulatory enactments and those that have become void, examples of law application and theoretical sources are used to present the authors’ perspective on the most important aspects of the respective issues, problems are foregrounded and proposals are advanced to facilitate further discussion.

Human rights, television popular culture and the telenovela

The application of human rights to mass communication television pro gramming gives rise to a search for entertainment that is empowering. One genre that has managed to es cape the restrictions of commercial Ism and resulted in a genuine form of popular culture is the Brazilian telenovela. Any attempt to relate human rights In communication to popular televi sion culture might seem to be a fu tlle endeavour. Such an attempt ap pears to involve two incompatible Ideas: highmindedness and Ideallsm on the one hand, and free choice and commerciallam on the other. However, there could be a way out. Somewhere there might be a way that popular culture as expressed through television might also be em powering, instead of mainly com mercially exploitative and cynically manipulative. The one example that springs to mind is the telenovela of Brazil. This paper proposes to deal with the concept of human rights and broadcasting, especially as it affects the present SABC, then to look briefly at some concepts of popular culture and then to end off by discussing the Brazilian tele novella as a possible reconciliation of the two opposing Ideas, of human rights and entertainment. This article is based on a paper that was read at a RAU Seminar "Com munication Interactions in popular culture", that was held in Johannes burg on October 22, 1993,

Applicability of human rights in social policies: what do you know about human rights? Critical dialogue with social work students in Seville (Spain)

ABSTRACT This work presents some of the findings from a Teacher Innovation Project undertaken by faculty members at Universidad Pablo de Olavide in Seville (Spain), entitled ‘Humanising the policies and (re) creating the applicability of rights.’ The purpose of this project was to promote Social Work students’ learning about the praxis of human rights from a critical perspective and the applicability of social policies in society. For the final product of the project, we collected narratives through the use of techniques such as group discussion and interviews with professionals and excluded groups, to create videos that presented an approach to basic concepts and the opinions of teachers and students. Once the project ended, we continued the investigation in order to evaluate the impact of the lessons using the material we created. We developed a questionnaire to find out the perceptions of the next year’s students on subjects related to the initial project.

La tutela delle donne afghane nella prospettiva del diritto internazionale

The increasing abuses and human rights’ restrictions whose Afghan women are victims arise the question as to what remedies are provided by international law in order to address this dramatic situation. To answer this question the paper focuses first on the role played by the United Nations, that in 2002 established the United Nations Assistance Mission in Afghanistan (UNAMA), which was entrusted to implement and to monitor the application of human rights in the State. Secondly, it seeks to frame the legal obligations that international law place upon States, and upon Afghanistan in particular, as regards the protection of women’s rights, in order to finally question, both in a de iure condito and in a de iure condendo perspective, the effectiveness of the remedies provided by international law in addressing the continuous and systematic violations of international human rights perpetrated against Afghan women

Autonomous Interpretation by the European Court of Human Rights and Margin of Appreciation

Summary The article is devoted to the problem of interpretation and application in practice of the European human rights standards through autonomous interpretation, as well as to the definition of the role and significance of the doctrine of margin of appreciation in this process. The relevance of the subject matter of research is due to the need to implement effective mechanisms for ensuring and protecting key human rights and freedoms in Ukraine, the establishment of the European principles of law and the European identity. The purpose of the study is a comprehensive analysis of the formation and evolution of the doctrine of autonomous interpretation in the jurisprudence of the European Court of Human Rights by studying and synthesizing judicial practice on the application of autonomous interpretation and elaboration on this basis of a system of autonomous concepts that reflect the common European vision of fundamental human rights and are also a kind of foundation of the European human rights law. The methodological basis of the paper are philosophical, general scientific and special research methods, in particular, dialectical, historical, logical, systemic, sociological, and comparative methods. The study concludes that it is through autonomous interpretation based on the European consensus that the European Court of Human Rights establishes imperative standards for the interpretation and application of human rights in practice, which prevents certain violations by particular member states of the Council of Europe, as well as supports the convergence and harmonization of different national legal systems, which contributes to the formation of the most homogeneous legal environment and the European system of human rights protection. The practical feasibility of the study is aimed primarily at applying autonomous concepts in practice, prima facie, by the judiciary.

The Historical Construction of Social Rights

It is chosen to develop this topic as a relevant object to the study now undertaken, which is a current and extremely important topic for the political and economic moment currently experienced in the world in light of the principle of prohibition of social retrogression as a result of the dignity of the human person.
 For a good understanding of the issue about social rights, it was necessary to draw some preliminary considerations about the historical construction of rights and the relationship with the intervention of the democratic State in the individual sphere as an agent in charge of carrying out and effecting the fulfillment of social values.
 This article sought to demonstrate, in a systemic way, the Historical Construction of Fundamental Social Rights. The main objective of this study was to demonstrate the applicability of human rights at the constitutional level, as well as to justify the need for Brazilian society to enforce these rights for the egalitarian construction of a Social State. The doctrine and the Law support and justify this work, which adopted the perspective of Human Rights. The research line is that of Human Rights, while the scientific article is a bibliographic review that used the deductive method, qualitative and descriptive research. As a reference, we used scientific literature and published materials that were pertinent to the purposes discussed here.