Centre For Human Rights Research Articles

A Labyrinth of Public Information

Given the proliferation of electronic records in government agencies, public records are an increasingly valuable source of information for research, advocacy, and public oversight. Using an information management framework, this article reviews practices by four organizations in the US (National Security Archive, University of Washington Center for Human Rights, MuckRock, and Reclaim the Records) to request, manage, and use the information obtained through public access requests. Through case studies, findings pinpoint key obstacles and opportunities to strengthen research and advocacy using Freedom of Information laws, and how users of public records can shift from individual one-time pursuits of records to broader, ongoing and collaborative initiatives.

MORAL AND ETHICAL COMPONENT OF SCIENCE IN TIMES OF WAR

MORAL AND ETHICAL COMPONENT OF SCIENCE IN TIMES OF WAR

On the Results of the Scientific and Practical Conference «Issues of Protecting the Rights of Citizens Using Digital Technologies in Criminal Proceedings»

. The paper reports on the scientific and practical conference «Issues of Protecting the Rights of Citizens Using Digital Technologies in Criminal Proceedings», held on December 20, 2022 in a mixed format. The conference was organized by the office of the Commissioner for Human Rights in the Russian Federation and the Scientific and Educational Center for Human Rights of Kutafin Moscow State Law University (MSAL). The conference was devoted to topical issues related to the protection of the rights of citizens by means of digital technologies, access to justice, the possibilities of digitalization to overcome restrictions in the work of law enforcement agencies and the judiciary, generalization of the experience of foreign states and the Russian Federation in ensuring the rights of participants in criminal proceedings. The conference brought together a wide range of scientists and representatives of the legislative, executive, judicial authorities involved in the protection of the rights of citizens in the criminal procedure.

Knowledge of legal rights as a factor of refugee and asylum seekers’ health status: a qualitative study

ObjectivesTo examine health behaviours of refugees and asylum seekers, in relation to their knowledge of public benefits and legal rights.DesignQualitative study, utilising an open-ended, semi-structured interview guide to ensure information-rich...

The Public Defender Movement in the Age of Mass Incarceration: Georgia’s Experience

Focusing on the efforts of the Southern Center for Human Rights, this article offers a grassroots history of the creation of the first statewide public defender in the State of Georgia in 2003. Whereas federal court litigation to improve indigent defense failed to achieve lasting reform, a shift in tactics toward “rebellious localism,” characterized by state court lawsuits against county and city officials, succeeded in prodding lawmakers to create a new framework for delivering legal services to indigent defendants. This model of legal change was effective in documenting structural flaws and creating momentum for reform. Yet other conditions—such as front-end criminal law policies and funding decisions—continued to shape the actual quality of representation received by poor people.

Death and disappearance at border crossings: factualization devices and truth(s) accounts

ABSTRACT In this article, we analyze three forensic and counter-forensic devices that go beyond the strictly medico-legal realm to show which concrete practices and truth-spots contribute to (re)constructing a public account of migrant deaths and disappearances along border zones. Drawing on written documents and semi-structured interviews, we examine operations led by the International Committee of the Red Cross (ICRC) in Europe and Africa, the work of the Pima County Office of the Medical Examiner (PCOME) together with the NGO Colibrí Center for Human Rights in Arizona, and Forensic Oceanography's (FO) open-source investigations of shipwrecks of migrants in the Central Mediterranean Sea and the structural violence embedded in militarized border regimes. We argue that these practices constitute factualization devices, namely practices that transform lived experience of death and disappearance into an objectified reality that can be visibilized and mobilized in the public sphere as part of a counter-narrative. We demonstrate how these factualization practices are imbricated in valuation practices, i.e. practices that ascribe not only an epistemological but also an ethical, aesthetic and political value to the work of objectification, which inform the production of truth narratives.

Complex Effects of International A Regime of Jewish supremacy from the Jordan River to Mediterranean Sea: This is Apartheid

This paper, entitled “A Regime of Jewish supremacy from the Jordan River to the Mediterranean Sea: This is Apartheid” is a policy paper put out by B’Tselem, The Israeli information Center for Human Rights and is about eight pages in length.

Principles of human rights in the light of international law - study of the Jordanian situation in accordance with international standards

This study aimed to identify human rights principles in light of international covenants and Jordan as a case study, as human rights include all human rights: civil, political, economic, social, and cultural.One of the most important international treaties in the field of human rights is the Universal Declaration of Human Rights of1948, in which its thirty articlestouched upon the fundamental rights and freedoms of all peoples.Where theinternational conventions for the protection of human rights to which Jordan has acceded are the Convention against Torture and Cruel, Inhuman or Degrading Punishment, the Convention on the Rights of the Child, the Geneva Convention to End Human Rights Violations, and the United Nations Convention of 2015 for human development and environmental protection. As for Jordan in this matter is committed to international human rights charters, declarations, and treaties. Jordan has also ratified international conventions and treaties related to human rights, creating specialized centres that are concerned with human rights and freedoms, and cooperating with international, regional, and local organizations working in the field of following up and promoting human rights concepts in Jordan, monitoring their implementation, and responding to,therefore, Jordan established the National Center for Human Rights in 2003 AD to promote the principles of human rights. Therefore, the research problem is arises when these rights are applied. This study came to address this problem by answering the following question: What are the principles of human rights in light of international conventions.. Keywords: Human Rights Principles, International Treaties,international law, international relationship, Jordan. DOI : 10.7176/JLPG/121-08 Publication date :June 30th 2022

Contributors

Contributors

Monitoring the implementation of its own decisions: What role for the African Commission on Human and Peoples' Rights?

The African Commission on Human and Peoples' Rights in recent years has put in place various measures to monitor the implementation of its decisions on individual communications. These include a series of panels and seminars, amendments to its Rules of Procedure, extending the mandate of its Working Group on Communications, clarifying more expressly roles for national human rights institutions and civil society organisations, and calling on states to establish focal points and other procedures at the national level. This article considers the effectiveness of these measures and critically evaluates the role of the African Commission in monitoring the implementation of its decisions. The article draws on the findings of a four-year research project conducted by the University of Bristol's Human Rights Implementation Centre, in collaboration with the Centre for Human Rights at the University of Pretoria; the Human Rights Centre at the University of Essex; and the Middlesex University. This project tracked the implementation of selected decisions on individual communications, from the regional and UN human rights bodies, against nine countries from Africa, the Americas and Europe. These decisions were used as case studies to identify and examine the processes in place at the national, regional and international levels, to monitor and facilitate implementation. Among the themes explored was an examination of the extent to which there may be a difference in the discourse and behaviour of various domestic actors depending on which body issued the decision. In relation to decisions of the African Commission, this research identified that while there has been increased attention paid by the Commission to the issue of monitoring the implementation of its decisions, it nevertheless lacks strategic direction and there is a risk that the momentum and opportunities created by these initiatives will be lost without further strategic and institutional development by the Commission to clarify its role.

Challenges for Students in the Creation, Growth, and Management of an Academic, Student-run Asylum Clinic.

Medical school asylum clinics are complex organizations that blend medical and legal expertise with service to assist individuals seeking refuge from human rights violations. The balance of power shared by the students and faculty who lead these clinics varies widely across institutions, usually in an inverse reciprocal relationship. The Weill Cornell Center for Human Rights will observe its 10th anniversary in 2020 and is notable for espousing maximal student autonomy in the organization’s governance with minimal faculty control or administration participation. This level of autonomy requires that, in addition to successfully running the organization, student leaders must adeptly manage logistical, administrative, and ethical challenges without compromising the trust and confidence of the medical college and larger university. This article describes a series of difficult decisions involving policy, conflict resolution, and resource management made expeditiously by the student leadership. Ethical dilemmas, operational challenges, and the difficulties imposed by an unexpected global catastrophe—the COVID-19 pandemic—are presented alongside detailed descriptions of how these issues were deliberated and resolved by the student leadership.

Forensci Case Series

Welcome to the Torture Journal Forensic Case Series, a new section of the Torture Journal. Through this Series, we aim to provide a source of information and continuing education for health and legal practitioners involved in the forensic evaluation of survivors of torture. 
 
 Cases in this section may describe unique or uncommon physical and psychological findings, illustrate barriers to a thorough evaluation, or present features that make effective articulation of a survivor’s claim challenging. Case discussions aim to provide further information about findings or reflections on how challenges were approached. We also aim to address common misconceptions about the clinical evaluation and the experience of torture. As one of the benchmarks for our discussions, we apply the principles and standards of the United Nation’s Istanbul Protocol. 
 
 We hope that you will find these case studies to be a useful resource for your work with survivors of torture. 
 
 Yours Truly, 
 
 Guest Editors:
 Prof. Dr. Ben McVane, Senior Medical Educator, Libertas Center for Human Rights
 Prof. James Lin, Istanbul Protocol Programme Coordinator, IRCT

Protecting LGBT+ persons in Africa from torture: Challenges, opportunities, and comparative experiences

This news piece is about REDRESS' webinar held on 1 July 2021 on the protection of LGBT+ persons in Africa from torture and ill-treatment. The speakers on that occasion included (i) Victor Madrigal, the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity; (ii) Sibongile Ndashe, founder and Executive Director of the Initiative for Strategic Litigation in Africa (ISLA), based in South Africa; Ayo Sogunro, Manager of the Sexual Orientation, Gender identity and Sex Characteristics Unit at the Centre for Human Rights of the University of Pretoria, in South Africa; and (iv) Gabriela Oporto, from the Peruvian organisation PROMSEX.
 This news piece was written by Chris Esdaile and Renata Politi, from REDRESS.

On the Outcomes of the Scientific and Practical Conference “Ensuring Access to Justice in Criminal Proceedings in the Context of Digital Technologies Development”

The paper provides an overview of the scientific and practical conference “Ensuring Access to Justice in Criminal Proceedings in the Context of Digital Technologies Development” held on June 22, 2021 in a mixed format. It was organized by the Office of the Commissioner for Human Rights in the Russian Federation and the Scientific and Educational Center for Human Rights of Kutafin Moscow State Law University (MSAL). The conference was devoted to topical issues of ensuring access to justice, the possibilities of digitalization to overcome restrictions in the work of law enforcement agencies and the judicial system, generalizing the experience of foreign states and the Russian Federation in ensuring the rights of participants in criminal proceedings. The conference was organized within the framework of the project of the Russian Foundation for Basic Research No. 18-29-16018 “The concept of building criminal proceedings that provide access to justice in the context of the development of digital technologies.”

PERANAN AMWCHR DALAM UPAYA PENURUNAN ANGKA PERNIKAHAN ANAK DAN PAKSA DALAM KOMUNITAS MUSLIM DI AUSTRALIA

Abstract: The whole world has recognized that child marriage and forced marriage (CFM) are acts that are contrary to human rights and are considered to be gender-based violence. The Australian Government since 2013 through its constitution has criminalized acts of child and forced marriage so that the perpetrators can be subject to criminal penalties. However, this policy did not effectively reduce the effect on CFM cases in Australia. It is proven that from 2017 to 2019 there was an increase in the number of victims of forced marriage and children who were categorized as victims of human trafficking in Australia. The criminal law in the CFM case is considered ineffective because the protective impact is not sustainable. The high rate of forced marriage among Muslim women in Australia is driven by high gender inequality, migration and harmful traditional cultural practices. The Australian Muslim Women's Center for Human Rights (AMWCHR) is a Muslim women's organization that seeks to advance the rights and status of Muslim women in Australia. AMWCHR has multicultural and hybridity characteristics that are not tied to any Islamic sect. This article aims to analyze the role of the AMWCHR in efforts to reduce the rate of child, early and forced marriage for Muslim women, especially in the Australian region with sustainable protection and prevention programs, based on gender equality and the principle of multi-culturalism. Keywords: Australian Government, AMWCHR, Child Early and Forced Marriage, Australian Muslim.

The interaction of the Human rights ombudsman in the Russian Federation with civil society human rights institutions

The article analyzes various aspects of the legal nature of the institution of the Commissioner for Human Rights in the Russian Federation, emphasizes the versatility of its human rights activities in cooperation with public institutions. The effectiveness of such interaction is justified, including by the example of cooperation with the Scientific and Educational Center for Human Rights (REC) at the O. Е. Кутаfin University (MSLA). There are difficulties in the work of the commissioners, due to the fact that the increasing digital literacy of the population makes it relatively easy to send an appeal to the Commissioner for Human Rights in the Russian Federation, regional commissioners, and the capabilities of these bodies are quite limited. In this regard, some proposals are formulated. The author analyzes the possibilities for the implementation of human and civil rights and freedoms by the Commissioners with the support of civil society institutions, suggests developing such interaction in different directions, and considers the criteria for the effectiveness of the institution of commissioners, including such an indicator as interaction with civil society institutions.

The information practices of law enforcement: Passive and active collaboration and its implication for sanctuary laws in Washington state

AbstractAlthough Washington state sanctuary policies of 2017 prohibit collaboration between local law enforcement and federal immigration enforcement in noncriminal cases, compliance with sanctuary policies has not been systematically studied. We explore information practices and collaboration between local law enforcement and federal immigration enforcement in Grant County, Washington, based on records from November 2017 to May 2019 obtained by the University of Washington Center for Human Rights through Public Records Act (PRA) requests. Qualitative analysis of over 8,000 pages reveals a baseline of passive and active information sharing and collaboration between local law enforcement and federal immigration agencies before Washington sanctuary laws went into effect in May 2019, a practice that needs to stop if agencies are to comply with the laws. We employ a systematic methodology to obtain (through PRA and other Access to Information requests) and analyze official records through qualitative content analysis, to monitor and hold local law enforcement accountable in their compliance with sanctuary laws. This method can be used to examine law enforcement information behaviors in other counties in Washington, and in other states that offer sanctuary protections, as a way to monitor compliance with sanctuary laws and strengthen the protection of immigrants' rights.

МАРКЕРИ ІДЕНТИЧНОСТІ У КОНТЕКСТІ ПОЛІТИЧНО МОТИВОВАНОГО ПЕРЕСЛІДУВАННЯ УКРАЇНЦІВ І КРИМСЬКИХ ТАТАР НА ТИМЧАСОВО ОКУПОВАНІЙ ТЕРИТОРІЇ КРИМСЬКОГО ПІВОСТРОВА

This article is dedicated to the study of identity markers in the context of politically motivated persecution by the Russian Federation in the temporarily occupied Crimean Peninsula. The occupational administration, following a set political course, basically builds a generalized „Other‟ that is being persecuted. They also create their own identity markers that further prove the longevity and legitimacy of the temporary occupation of Ukraine's territory. Cases of human rights violations, harassment of national and religious communities in the occupied Crimea are actively documented and investigated by non-governmental human rights organizations: Crimean Human Rights Group, Crimea SOS, Regional Center for Human Rights, Crimean Tatar Resource Center and a number of others. In the article proposed a comprehensive approach to the analysis of collective identity Crimean Tatars and Ukrainian. Author examined the main components of collective identity Crimean Tatars at the present stage. Considered the main challenges faced by the Crimean Tatar and Ukrainian community in connection with the occupation of the Crimea. Today we can talk about a specific list of elements indicating the ethnocide and linguicide agenda, political and religious persecution in the Crimean Peninsula. Furthermore, the so-called „general threat‟ is too blurry and undefined for the Russian Federation based on the gathered material throughout the years of occupation. The occupant cannot classify and define the risks that they face and that compromise the illegal occupation and attempt to annex a part of Ukrainian territory. So, they target all the self-organized active communities that are not controlled by the occupational government. Whether these communities have an agenda, national, cultural, or religious differences is an important factor, but it is not in priority. The Russian occupational regime understands its weakness on the temporarily occupied territory of the Crimean Peninsula, so it utilizes the logic and traditions of other authoritarian and totalitarian regimes. However, it will lead to the collapse of the dictatorship.

Treating Family Members of Transgender and Gender-Nonconforming People: An Interview With Eric Yarbrough, M.D.

Treating Family Members of Transgender and Gender-Nonconforming People: An Interview With Eric Yarbrough, M.D.

A coding tool and abuse data for female asylum seekers.

With 1 in 3 women affected, accounting for one billion women worldwide, Violence Against Women (VAW) constitutes one of the widest reaching human rights violations globally. Although the forms they take may vary, these abuses are not confined to a single social class, geographic region, or culture. Existing studies have yet to describe the full burden of abuse that asylum-seeking women endure throughout their lifetimes. We describe a novel coding tool that classifies types of abuse, identifies abuse perpetrators, and estimates how long and how often each abuse was experienced. The authors used this tool to describe and categorize the abuses endured by 85 cisgender, adult women seeking asylum in the United States who presented to the Weill Cornell Center for Human Rights for forensic medical evaluations from 2013 to 2017. We reviewed a total of 180 legal and forensic medical affidavits that were written in support of the applicants’ asylum claims. Using the coding tool, we identified each abuse, classified every perpetrator, and, whenever possible, estimated how long and how frequently each abuse was endured. Interpretations of the raw data contained in this article and a discussion of their significance can be found in our associated publication: “Gender-Based Violence experienced by Women Seeking Asylum in the United State: A Lifetime of Multiple Traumas Inflicted by Multiple Perpetrators” [1]. The coding instrument described herein characterizes VAW by classifying the narrative data that are included in interviews, focus groups, medical records, and the like. Our coding instrument is the first of its kind to describe all types and severities of violence endured by women, classify the perpetrators of that violence, and delineate the timeline of violence over each individual's life. We hope that this holistic approach to classifying and describing VAW will enable other research groups to examine untested or unrealized associations between victims, perpetrators, and abuses. Ultimately, obtaining more complete data will empower us to advocate more effectively and to design more comprehensive care for victims of VAW.