Commissioner For Human Rights Research Articles

Сравнительно-правовой анализ Конституционных судов Российской Федерации и Республики Казахстан: процессуальный аспект

The authors of this work made an attempt to demonstrate the differences and similarities in the status, composition, structure and powers of the bodies of constitutional justice of the Russian Federation and the Republic of Kazakhstan. Such a comparative legal analysis is in demand by legal science in connection with the significant constitutional reform that took place in Kazakhstan in 2022, as a result of which the Constitutional Court replaced the Constitutional Council. In addition, the Constitutional Laws of the Republic of Kazakhstan "On the Prosecutor's Office" and "On the Commissioner for Human Rights in the Republic of Kazakhstan" were adopted. In 2020, the Basic Law of the Russian Federation also underwent significant changes. We should not forget about the similarity of the paths of development of constitutionalism in Russia and Kazakhstan, which is due to the Soviet past, close proximity and close cooperation in various fields of activity. The result of the study was the conclusion about the proximity of the Russian and Kazakhstani models of constitutional justice. Despite this, there are quite unique norms that are characteristic of the constitutional acts of each country. Attention is drawn to the differences in the status of constitutional justice bodies, as well as differences in their competence. The procedure for the formation of the Constitutional Courts of the Russian Federation and the Republic of Kazakhstan is different, the issues of ensuring their activities are resolved in different ways. Differences are established in the subject composition that enjoys the right to apply to the Constitutional Court of their state. Identified special conditions for filing a complaint with citizens of Russia and Kazakhstan in the national bodies of constitutional justice.

Problems and prospects of interaction of subjects of public control with the Commissioner for Human Rights in the Russian Federation, the Plenipotentiaries under the President of the Russian Federation for the Rights of the Child and for the protection of the rights of entrepreneurs

Problems and prospects of interaction of subjects of public control with the Commissioner for Human Rights in the Russian Federation, the Plenipotentiaries under the President of the Russian Federation for the Rights of the Child and for the protection of the rights of entrepreneurs

Rozwiązania zmierzające do zwiększenia jawności finansowania partii politycznych

The article analyses the issues of some of the most important constituents of openness of political financing, which include: reporting by political parties and election committees, publishing data resulting from the reports and the possibility of getting acquainted with this information. An attempt was made to identify the most important problems in this matter, referring to the positions of entities raising these issues, to the legal writings and jurisprudence. Solutions known in other countries were referenced and proposals for modern solutions for Poland in this regard were formulated in line with today’s technical capacities, the realities of civilisation and meeting the expectations of experts in this subject, representatives of NGOs, civil society, international institutions and recommendations of national institutions, e.g. the Commissioner for Human Rights, the Ministry of Finance, the National Electoral Commission.

Paradigm Shift to Promote a Revolution of Treatment of Schizophrenia to Achieve Recovery

Active schizophrenia is characterized by psychotic symptoms that can include delusions, hallucinations, disorganized speech, trouble with thinking, and a lack of motivation. The introduction of antipsychotics in the 50ties was called a revolution for the treatment of schizophrenia and psychosis and is now a cornerstone of treatment. The effects are considered well documented. Guidelines suggest that all patients be offered antipsychotics. Nearly all patients are medicated. Concerns have been raised about non-responders, and there is no evidence for long-term effects. The validity of the diagnosis of schizophrenia according to the Diagnostic and Statistical Manual Mental Disorders (DSM) is controversial and discussed. Patients experience side effects and low benefits and try to stop. This is considered non-conformance, which can lead to relapse. Therefore, caregivers consider medication necessary and use forced drugging. Antipsychotics reduce psychotic symptoms. New patient laws in many countries aim to promote recovery. The United Nations Special Rapporteur on the Right to Health has called 2019 for «World needs a "revolution" in mental health care». "There is now unequivocal evidence of the failures of a system that relies too heavily on the biomedical model of mental health services, including the front-line and excessive use of psychotropic medicines, and yet these models persist". However, this proposal is highly controversial for clinicians. World Health Organization (WHO) followed up 2021: “New WHO guidance seeks to put an end to human rights violations in mental health care”. "This comprehensive new guidance provides a strong argument for a much faster transition from mental health services that use coercion and focus almost exclusively on the use of medication to manage symptoms of mental health conditions to a more holistic approach that takes into account the specific circumstances and wishes of the individual and offers a variety of approaches for treatment and support". This is highly controversial; however, the United Nations High Commissioner for Human Rights (OHCHR) supported the WHO proposal with a guideline to reform legislation in order to end human rights abuses and increase access to quality mental health care. A realistic path to implement WHO treatment improvements seems to need the courage of legislators to follow OHCHR suggestions and a shift of paradigm.

Taking Dignity Seriously to Protect Manual Scavengers in India: Lessons from the UN Human Rights Committee

Taking Dignity Seriously to Protect Manual Scavengers in India: Lessons from the UN Human Rights Committee

Subjects of the right to self-determination in contemporary international law

The issue of subjects of the right to self-determination is one of the most controversial issues in the theory of international law. The author, researching etymology, as well as cases of application of concepts “people” and “nation”, pays attention to their interchangeability and sometimes identification. The author proposes to view people (in a narrow sense) as a spatial, related to a particular socio-economic, linguistic, cultural and spiritual way of life, of individuals. Broadly speaking, a people is characterized as a social community that acquires a political identity and thereby becomes a nation, under certain circumstances, a State. The article proposed criteria for the self-determination of peoples and nations in accordance with the current international order and architecture. The research focuses on institutions such as uti possidetis juris and remedial secession. The author’s analysis of the advisory opinion of the International Court of Justice on Kosovo is of some interest. In considering the problem of indigenous and small-numbered peoples and national minorities, the author proceeds from the possibility that they may exercise their right to self-determination in the form of territorial autonomy or self-organization (self-government), depending on their number, characteristics of resettlement and other circumstances. Both models (territorial and extraterritorial) are designed to give indigenous peoples their identity, based, inter alia, on established traditions and customs, Development in accordance with the fundamental laws of the State and the norms of international law, while preserving the stability and territorial integrity of the State. On the basis of the jurisprudence of the Human Rights Committee, various aspects of the legal personality of individuals in the exercise of the right to self-determination have been examined.

The UN human rights Committee and its role in providing the human rights protection mechanism

В статье анализируются значение и роль Комитета по правам человека ООН в механизме защиты прав человека и гражданина. Делается акцент на фундаментально значимые документы, такие, как Устав Организации Объединенных Наций 1945 г. и Международная хартия прав человека.

He Who Dares Not Offend Cannot Be Honest: United Nations Human Rights Committee Jurisprudence and Defamation Laws Under the ICCPR

He Who Dares Not Offend Cannot Be Honest: United Nations Human Rights Committee Jurisprudence and Defamation Laws Under the ICCPR

The Status of New Rights before the African Human Rights Commission and Court

The Status of New Rights before the African Human Rights Commission and Court

Identification of Factors Associated with Disrespect and Abuse of Women During Child-Birth in the Major Hospitals in Yenagoa, South-South Nigeria

The aim of this study was to identify factors associated with disrespect and abuse of women during childbirth in Yenagoa, South-South Nigeria. It was a cross-sectional survey carried out on 165 mothers who delivered within 6 weeks (August and September, 2018), using purposive sampling method. Data was collected using Level of Disrespect and Abuse of Women during Childbirth Scale (LDAWCS). Prevalence of disrespect and abuse during childbirth in selected hospitals was low with 26.7 % (n=44) of women experienced at least one form. Most frequent types of D&A were; detention for non-payment of bills 50.3% (n=83), women never given the opportunity to make choice of birthing position, carrying out procedures without consent 39.4% (n=65), women left naked in the view of many staff 29.7% (n=49) and women abandoned during labour 21.2% (n=35). There was significant relationship between disrespect and demographic characteristics of parity and education, marital status, ethnicity, income and occupation had moderate evidence of relationship with disrespect and abuse while age and religion showed no significant relationship with D &A at ? = 0.05 level of significance. National human rights commission should look into cases of D & A of women and they should be encouraged to report such cases as they leave the premises for proper action to be taken. Professional bodies like Nursing/Midwifery Council of Nigeria, Nigeria Medical Association etc, should investigate and institute disciplinary action against any member found to have disrespected and abused women during childbirth.

Identification of Types of Disrespect and Abuse of Women During Childbirth in the Major Hospitals in Yenagoa , South-South Nigeria

The aim of this study was identify the types of disrespect and abuse of women during childbirth in two hospitals in Yenagoa metropolis in South-South Nigeria. A cross-sectional survey was carried out using 165 mothers who delivered from August and September 2018 (six (6) weeks period was used), using purposive sampling method. Data was collected using the Level of Disrespect and Abuse of Women during Childbirth Scale (LDAWCS). Prevalence of disrespect and abuse during childbirth in selected hospitals was low with 26.7 % (n=44) of women experienced at least one form. The most frequent types of D&A were; detention for non-payment of bills 50.3% (n=83), women never given the opportunity to make the choice of birthing position, carrying out procedures without consent 39.4% (n=65), women left naked in the view of many staff 29.7% (n=49) and women abandoned during labour 21.2% (n=35). There was a significant relationship between disrespect and demographic characteristics of parity and education, marital status, ethnicity, income and occupation had moderate evidence of relationship with disrespect and abuse while age and religion showed no significant relationship with D &A at ? = 0.05 level of significance. National human rights commission should look into cases of D & A of women and they should be encouraged to report such cases as they leave the premises for proper action to be taken. Professional bodies like Nursing/Midwifery Council of Nigeria, Nigeria Medical Association should investigate and institute disciplinary action against any member found to have disrespected and abused women during childbirth.

Democratic Governance and Human Rights Violations: A Focus on Nigeria

For decades, the menace of human rights violations in the Nigerian democratic setting has defied all responses. Not even the National Human Rights Commission (NHRC), the 1999 constitution of the Federal Republic of Nigeria, nor the more recent ENDSARS protest of October 2020 could adequately tackle the menace of human rights violations in Nigeria. For this reason, the study specifically examined how the Nigerian democratic governance through those in position of authority and security agencies have violated the socio-economic and political rights of Nigerian citizens. The study is qualitative and employed descriptive research design. It adopted John Locke’s Natural rights theory in explaining the relationship between democratic governance and human rights violations. Having presented and analysed the data gathered through documentary evidence, the study revealed that the arbitrary use of power by the Nigerian government and the security forces have grossly violated human rights of Nigerian citizens. Therefore, the study recommended inter-alia, the need for Nigerian citizens to step up their local and international campaigns against civilian-dictatorship as well as the need for the Nigerian government to set up a new independent and impartial institution that will be responsible to treat all cases of human rights violations in the state.

India’s Latest NHRC Advisory on the Problem of Floating Corpses in the River Ganges: Forensic Dental Recommendations

In May 2021, thousands of human dead bodies were seen floating in the down-streams of the river Ganges. This incident highlights a few glaring issues, such as the inhumane treatment of human corpses, the potential escalation of the bio-hazardous situation, and most importantly the possibility of foul play and involvement of crime. As a response to this incident, the National Human Rights Commission issued a detailed advisory regarding the dignified management of the dead to all the states and union territories of India. In India to date, the identity of the dead is never associated with their dignity. The article introduces the 'right to identity' after death as an important interpretation and natural extension of the right to live with dignity. It is not only essential to identify a dead from a humanitarian perspective, but also from a forensic aspect to rule out any crime or wrongdoing. This article gives fundamental administrative recommendations in regards to how forensic odontology can solve the problem of unidentified dead bodies in India while maintaining their dignity.

A Professional Comedian’s Fundamental Right to Publicly Bully a Child Because of His Disability? Scrutinizing Ward v. Quebec Human Rights Commission Through a Disability Lens

A Professional Comedian’s Fundamental Right to Publicly Bully a Child Because of His Disability? Scrutinizing Ward v. Quebec Human Rights Commission Through a Disability Lens

Conversion Practices Legislation in Victoria -- A Potential Crisis for Church Authority?

The Victorian Change or Suppression (Conversion) Practices Prohibition Act 2021 (Vic) prohibits change and suppression practices that alter or fundamentally change someone’s sexual orientation or gender identity. Whilst the intent of the Act is worthy, the devil is very much in the detail, especially in how the Act includes religious and psychiatric practices and services in its potential ambit. The other contentious issue is the range of powers provided to the Victorian Equal Opportunity and Human Rights Commission, which some argue potentially blur the lines on separation of powers between the judiciary and the legislature. This paper argues some amendments to the Act may be required in order to address these issues.

Environmental human rights defenders, the rule of law and the human right to a healthy, clean, and sustainable environment: last trends and challenges

Recently, the United Nations (UN) General Assembly has recognised the universality of the human right to a healthy, clean and sustainable environment. However, for decades, environmental human rights defenders have struggled for this right and have paid a high price for it: threats, reprisals, penalisation, and even their lives. The strengthening of the environmental rule of law correlates with the reciprocal synergy and interdependence on environmental rights and human rights as highlighted by the Special Rapporteurs of the United Nations under the scope of the 1998 United Nations Declaration on Human Rights Defenders. The Escazú Agreement and the Aarhus Convention are among the latest developments of legal and institutional guarantees for environmental defenders: a legal protection clause in the Escazú Agreement for human rights defenders in environmental matters and the setting of a new Special Rapporteur on environmental defenders for the Aarhus parties as a rapid response mechanism, under Article 3(8). The most recent trends on climate litigation have reached the European Court of Human Rights with several pending applications on greenhouse emissions and compliance with the Paris Agreement that merits attention, as well as the protection of human rights defenders in the case-law and the third-party interventions of the Council of Europe (COE) Commissioner for Human Rights.

Pejorative Assertions, Human Rights Evaluation, and European Veiling Laws

Abstract An increasing number of European states have, since 2009, passed laws restricting or prohibiting the practice of Islamic veiling. These laws have been challenged both before the European Court of Human Rights and the United Nations Human Rights Committee. In the former context, these laws have invariably been upheld whereas in the latter, they have always been deemed to be incompatible with the right to freedom of religion under the International Covenant on Civil and Political Rights. Superficial analysis suggests that this is because the ECtHR, unlike the UNHRC, applies a margin of appreciation doctrine to give effect to concerns with subsidiarity. In this Article it is suggested that the better explanation is that the ECtHR (again unlike the UNHRC) accepts assertions of facts from states as to why their laws are justified in the absence of any demonstrable supporting evidence. It is argued that this is of particular concern because these assertions tend to make insidious and pejorative statements about the practice of Islamic veiling that have the capacity to generate stigma and substantive damage for the veil wearing woman. When they are endorsed by a putatively independent body like the ECtHR, these messages, and the accompanying stigma are mainstreamed and legitimized. It is finally argued that this means that the approach of the ECtHR cannot be justified by concerns with subsidiarity but rather reflects an irresponsible abdication of responsibility.

Public Order Policing During Crisis: A Critical Analysis of Police Response in Crises Affected Areas in Ethiopia

Policing is the foundation of a strong state that realizes peace, order, and stability for its citizens. This study attempted to explore public order policing; police response to public disorder in some selected crisis-affected areas in Ethiopia. The study used a qualitative approach with an exploratory research design. Purposive and snowball sampling was employed to select participants for the study. Data were collected through interviews, Focus Group Discussion/FGD, observation, and document review techniques. Regarding participants of the study, 33 key informants from government officials (including prosecutors, experts from peace and security offices in the regions, Human Rights Commission officers, journalists, and police), 20 in-depth interviews with victims and their families, religious and community leaders; and 8 FGDs were conducted with police officers, victims, and community/religious leaders. The data of the study were thematically analyzed. The findings of the study showed that the Police did not play a proactive role because of many factors such as waiting for an order from a higher commandant/ government official, and political infiltration of police officers that immersed them in tricky of partiality. Hence, the crisis resulted in socio-political, economic, and psychological problems in the community of crisis-affected areas. The study concluded that police had minimal preparedness and hence were not successful in managing, preventing, minimizing, or stopping damages. Therefore, police organizations must always do security threat assessments to proactively handle damages due to crises; exercise an empowered decentralized chain of command during a crisis, raise the level of awareness to police officers regarding the police profession, and provide an immediate response to public calls.

Implementation of Legal Protection for Economic Exploitation of Children

Numerous parents utilize or even manipulate their children for their own profit. Typically, their treatment is motivated by money or economic issues. Numerous individuals immerse themselves in the demands of their existence without thinking about what they require and require. In this study, a qualitative descriptive methodology was employed. Based on the findings of this study, it was determined that there was a legal void in the implementation of criminal acts against offenders of economic exploitation of children. Even though the child's status in the eyes of the law has been accorded special protection, as stipulated in Law No. 23 of 2002 on Child Protection, this protection is not absolute. Children entitled to parental protection, affection, and supervision are educated and cared for in accordance with their rights as children so that there are no growth phase deviations. As an institution that concentrates on incidents of violence against children, the National Human Rights Commission can also demonstrate that numerous acts of violence have been committed against Indonesian children.

Human Rights In The Justice System In Indonesia

To ensure the recognition and protection of human rights, Indonesia has several legal instruments related to human rights. Specifically to try gross human rights violations, Law Number 26 of 2000 concerning Human Rights Courts was enacted. The Human Rights Court is a court within the General Court which is only assigned and authorized to examine and decide cases of gross human rights violations. Investigations into cases of gross human rights violations are within the authority of the National Human Rights Commission. The investigation and prosecution of gross human rights violations is the authority of the Attorney General.