Defender Of Human Rights Research Articles

Public Defenders of Human Rights, Freedom of Expression and Public Officials. Case of Baraona Bray v. Chile, Judgment Of November 24, 2022, Series C No. 481

Public Defenders of Human Rights, Freedom of Expression and Public Officials. Case of Baraona Bray v. Chile, Judgment Of November 24, 2022, Series C No. 481

The environmental rule of law and the protection of human rights defenders: law, society, technology, and markets

Environmental human rights defenders (EHRDs) play a key role in the realization of the environmental rule of law and in strengthening social and ecological sustainability. States have the duty to protect and empower the EHRDs, while businesses, investors, and financial institutions also have responsibilities to respect human rights. Although the literature on human rights defenders is comprehensive, the article offers a theoretical analysis of the challenges facing the EHRDs by using Lawrence Lessig’s New Chicago School approach to explore the opportunities for bridging the gap between the theory and practice concerning the protection of EHRDs. The article endeavors to contribute to the literature by methodologically explaining the importance of legal regulation and State intervention for creating a safe and just space for the activities of the EHRDs. It demonstrates the effects of the four modalities in Lessig’s theory—i.e. the law, the social norms (culture), the architecture (technology), and the market—on the behavior of EHRDs, and ultimately on democracies while emphasizing the power of law as one of these modalities and being one of the imperative elements of the environmental rule of law. It argues that the adoption of international agreements, laws and policies regulating culture, technology, and markets, would empower civil society and encourage broad participation in the decision-making processes both within the States and the businesses to ensure accountable, transparent, and inclusive governance. It concludes that strengthened legal protection mechanisms for the rights of the rights’ defenders is an urgent need to achieve the Sustainable Development Goals and the environmental rule of law.

The Protection of Human Rights Defenders in the National Policy of Police Reforms in Indonesia

This research is intended to find scientific arguments to ensure that Indonesia’s National Police reform agenda must be carried out with systematic efforts that can promote and protect human rights defenders. This research uses the descriptive qualitative method using conceptual, statutory, and historical approaches. Library sources as the primary data. This research collects data in the field of literature study, such as books, journals, and credible periodical reports. Finally, the problems are analyzed using the qualitative method. Police Bureaucratic Reform is the ideal patron of the National Police, which is carried out gradually and systematically. Through this instrument, human rights policing can provide certainty for promoting and protecting human rights to human rights defenders. The result of this research convinces and invites the government officers, parliament, NHRIs, and civil society, including human rights defenders, to openly and periodically monitor and evaluate the implementation of National Police bureaucratic reform.

The principles and guidelines on human rights and public health emergencies

Launched by the Global Health Law Consortium and the International Commission of Jurists in 2023, the Principles and Guidelines on Human Rights and Public Health Emergencies (the ‘Principles’) clarify and affirm international law and correlative standards on human rights and the rule of law in the context of public health emergency prevention, preparedness, response, and recovery. The Principles were developed through a three-year deliberative and consensus-building process between more than 150 individuals from around the world, including international legal scholars and practitioners, human rights defenders, civil society advocates, public health researchers, health workers, and others bearing relevant insights and expertise. Spanning 28 interrelated provisions, they aim to guide the decisions and actions of governments, civil society, and other stakeholders who are at the forefront of efforts to address public health emergencies.

Cost of Expulsion, Dissent and Human Rights in Russia

Abstract With Russia outside the Council of Europe, the possibilities for successful litigation against the state by Russian citizens have become limited. In more ways than one, Russians made the Strasbourg court their own. Russia was among the states with the most applications against it. At the same time, victims of Russia’s abuses, dissenters, and human rights defenders were among the ECtHR’s main beneficiaries. Despite Russia’s mixed record of compliance, the Court provided a singular avenue for accountability, and served as a catalyst for domestic mobilization. Expulsion appears to have accelerated authoritarian decline. Although it is hard to know how much stronger respect for human rights would have been had Russia remained, in the absence of European Court, human rights in Russia face massive challenges. The cost of expulsion raises questions about how human rights institutions should balance institutional legitimacy and condemnation of states with responsibility to the people living within them.

The Place and Role of Advocacy and Notary in the System of Protecting the Rights of Servicemen

This article is dedicated to exploring the role of advocacy and notary institutions in the context of the increasing importance of human rights mechanisms in the process of establishing the rule of law in Ukraine. Attention is focused on the necessity of ensuring real opportunities for the implementation and protection of guaranteed rights and freedoms of citizens in the conditions of the legal regime of martial law, creating legal, economic, political, social, and other conditions for their implementation.
 Within this article, the content of the right to defense, which is ensured by a special mechanism through which servicemen implement the constitutional provisions of the right to legal assistance, is analyzed. Emphasis is placed on the legal nature of the advocacy institution as an important element of the human rights mechanism of civil society, which performs functions of representation and protection of the rights and interests of citizens and servicemen in particular.
 Based on the analysis of current trends in the practice of protecting the rights of servicemen, a number of factors have been identified that could negatively affect the provision of effective and fair protection and therefore require joint efforts of military personnel, human rights defenders, and legal experts, namely: post-traumatic stress, access to up-to-date information, the specificity of military discipline and military hierarchy, insufficient understanding of the content of rights and protection possibilities and so on.
 The article examines the activities of notaries, which are a type of legal activity aimed at realizing the rights and interests of citizens and legal entities through the use of various institutions by performing notarial acts and contributing to the protection of the lawful interests of the respective subjects.
 The conclusion is drawn that according to the fifth part of Article 55 of the Constitution of Ukraine, everyone is guaranteed the protection of their rights, freedoms, and interests from violations and unlawful encroachments by any means not prohibited by law. Based on the content of this constitutional norm, the possibility of applying means and methods of protection of rights, including those not provided for by procedural norms, is envisaged. Such an approach corresponds to manifestations of the rule of law, which is not limited solely to legislation but also includes other social regulators, norms of morality, traditions, customs, etc.

Human Rights Violations Committed Against Human Rights Defenders Through the Use of Legal System: A Trend in Europe and Beyond

Human rights defenders (HRDs) fight for various human rights and address concerns related to corruption, employment, the environment, and other issues. They also challenge powerful state and private stakeholders and seek justice for human rights abuses. Therefore, HRDs are increasingly becoming targets of violent attacks and abuse with the aim of silencing them. This article begins by providing a brief definition of HRDs and then proceeds to outline the risks associated with their work in defending human rights. It also identifies the perpetrators responsible for these violations. The article categorises the types of abuses against HRDs into two main categories, with a particular focus on the widespread tactic of using the legal system to target and silence defenders in Europe, which is also emerging globally. It introduces a taxonomy of various types of violations through the legal system. By categorising the types of violations against HRDs and establishing a taxonomy to aid in identifying these tactics, the article seeks to deepen understanding and awareness of the varied abuses experienced by HRDs, as well as their deviation from human rights standards, providing a valuable resource for academics, practitioners, and defenders.

Just Pathways to Sustainability: From Environmental Human Rights Defenders to Biosphere Defenders

People form part of the biosphere - the biosphere being the whole intertwined network of life on Earth. While there is convergence on the need for societal change for just sustainability and a healthy biosphere, the pathways to achieve these transformations remain relatively unclear. Through legal interpretation, conceptual and thematic analysis of academic and grey literature, we seek to answer the following two questions: (a) how does the concept of Biosphere Defender enable a deeper and distinct understanding of who environmental defenders are and their role in just sustainability transformations? and (b) how does international human rights law contribute to specify the content of biosphere defenders’ rights? To address these questions, we first critically review the scope and limitations of the notion of Environmental Human Rights Defenders (EHRD) in human rights narratives in international law and policy. We examine how understandings of EHRD portray those defending their land and environment and what limitations this concept has in terms of possibilities for reflecting on transformations towards just sustainability. Second, we propose an alternative and/or complementary understanding of EHRD by using the concept of Biosphere Defenders. We also develop the Defend-Biosphere Framework to analyse the role of these actors as agents of change in pathways towards just sustainability. Third, to empirically illustrate the role of Biosphere Defenders, and the use of the Defend-Biosphere Framework we present two case studies from Latin America analyzing initiatives catalyzed by rural people who are defending their lands and territories while generating new ways to relate to socio-ecological systems and engage with the State and the economy. In both case studies, we find that relational values of solidarity, responsibility, and care (between human and other living beings) are central in understanding Biosphere Defenders’ initiatives creating pathways towards just sustainability. The findings of this article are of particular relevance to the implementation of the right to a clean, healthy and sustainable environment in the context of the Escazu Agreement on access to information, public participation and access to justice in environmental matters in Latin America and the Caribbean, the Aarhus Convention on access to information, public participation and access to justice in environmental matters and the Montreal-Kunming Global Biodiversity Framework in particular Target 22 (access to information, participation, access to justice and environmental defenders) and Target 23 (gender equality).

Please Give Me a Remedy: Women Human Rights Defenders Mobilize for Occupational Safety and Health

Abstract This article investigates the strategies that women human rights defenders use to engage in legal mobilization and overcome gendered barriers to justice. It does so through analysis of a specific health and safety dispute involving women workers and the Republic of Korea’s biggest semiconductor corporation.

Protecting Social Workers as Human Rights Defenders in a Dangerous World

Protecting Social Workers as Human Rights Defenders in a Dangerous World

Episodic versus thematic media framing of violence against social leaders and human rights defenders in Colombia.

Social leaders and human rights defenders (SLHRD) in Colombia have been under increasing attack for defending the rights of communities affected by violence. From 2016 to 2022, over 600 SLHRD were assassinated, resulting in a serious violation of both individual and community human rights. The media's portrayal of these attacks can shape public perceptions and influence efforts towards peacebuilding and promoting human rights. This study examines the media's framing of violence against SLHRD in Colombia between 2016 and 2020, a period marked by an escalation of violence after the signing of the 2016 peace accord between the Colombian government and the Revolutionary Armed Forces of Colombia (FARC). We analysed 1506 textual publications from seven media outlets using a lexicometric approach and identified two frames of news articles: episodic and thematic. Our findings suggest that the episodic media framing may present a simplistic and non-political perspective of the issue, which can impede peacebuilding efforts, while the thematic frame can raise awareness of violence against SLHRD and promote human rights defence. Our study highlights the media's significant role in shaping public opinion on violence against SLHRD, offering practical implications for advocacy and activism.

Corporate Responsibility to Respect Human Rights Defenders Under the UNGPs and Steps Towards Mandatory Due Diligence

Besides state actors, non-state actors and particularly private companies target human rights defenders (HRDs) and violate their rights to intimidate and stop them from challenging their interests. Despite the absence of responsibility of non-state actors in international human rights law, the United Nations Guiding Principles on Business and Human Rights (UNGPs) set out global standards and acknowledge the role of HRDs in the promotion of human rights, urging corporations to work closely with defenders. Considering the effectiveness of the UNGPs, the article explores the potential for protecting HRDs within the framework and concludes that the UNGPs could be utilised to enhance the protection of defenders in relation to business activities. It also suggests that current efforts of implementation would be strengthened by mandatory human rights due diligence laws at the national and regional levels, and emphasises that a clear inclusion of corporate responsibility to respect defenders is required, as it would be beneficial for both sides, defenders and business enterprises.

Freedom of Religion or Belief as a Legal Value in Contemporary Discourses on Human Rights

The article examines understudied dimensions of the interpretation of human rights in Ukrainian science, highlighting their key role in shaping the contemporary objectives and orientations for the right to freedom of religion or belief. This work reveals the main provisions regarding the definition and legal safeguarding of religious freedom in each of the modern approaches to the interpretation of human rights: the Sustainable Development Goals, the capability approach, decolonialism and the feminist approach.Along with the classical framework of international human rights law, these approaches broaden the spectrum of perspectives on realizing the right to freedom of religion or belief. The Sustainable Development Goals consider religious freedom in terms of achieving the well-being of present and future generations and leaving no one behind. The capability approach complements the formal definition of the right to religious freedom, with the individual’s actual ability to exercise such a right. Decolonial and feminist studies provide a thorough critique of established notions of law, deconstructing and reconstructing them through analysis of the rights and needs of women, indigenous peoples, and other marginalized groups.Despite individual features in the interpretation of legal and social phenomena, all approaches (sustainable development, the capability approach, decolonialism, feminism and anti-discrimination) share one common characteristic: they offer an alternative point of view on the established relationships that exist in specific societies. The feminist approach, for example, is closely intertwined with the approach of decolonialism. In particular, in the case of wearing religious clothing, the choice of whether or not to wear such attire should be left to the women who are required to wear it, not to human rights defenders or arbitrators from other countries or institutions who can decide for the women that wearing religious clothing violates their rights.This research focuses on human rights, particularly freedom of religion, which is partly perceived through the Western, European-American vision of human rights. On the contrary, the abovementioned critical approaches present a new vision of established international legal provisions. It should be emphasized that critical does not mean negative. Through such critical thinking, the law has an opportunity to evolve and become more attuned to specific concepts or ideas. The view from within a particular societal group allows to provide a more objective understanding and interpretation of the human right to freedom of religion or belief.

The Value of Media Ecology for Enabling Human Rights Defenders to Advocate for the Protection of the Right to Mental Health in the Context of Deploying Artificial Intelligence Technology as part of the Decision-making Process

Traditionally, human rights activists gathered evidence about violations of particular individuals' human rights to demand that states change their conduct and adopt measures to prevent further violations. Deploying artificial intelligence as part of the decision-making process creates challenges for activists to detect all sources of harm and demand that states take action to address the harms. Abeba Birhane points out that employing artificial intelligence technology can generate harmful impacts that are either difficult to detect or invisible. If harms remain invisible, then it is difficult for human rights defenders to document them. Equally, it becomes challenging to articulate why the harms in question constitute international human rights law violations. As a result, it is harder for human rights defenders to call on states to take action to safeguard fundamental rights. This article puts forward that individuals can make harms arising from the deployment of artificial intelligence as part of the decision-making process more visible by using the theoretical framework of media ecology. It demonstrates that media ecology can provide an additional tool for human rights activists to detect how using artificial intelligence as part of the decision-making process can undermine the enjoyment of a human right. The article uses the right to mental health as a case study to develop this argument. In order to contextualise the analysis, the article focuses on the employment of artificial intelligence to screen candidates for employment as a case study.

Powers of the Personal Data Protection Authority in Europe and Kazakhstan: comparative analysis, recommendations for improving the activities of the Kazakhstani Personal Data Protection Authority

The progressive development of digital technologies has penetrated all spheres of human activity, society, business, and the state. The constant development of digital technologies entails risks and threats to human rights and freedoms, honour and dignity, and well-being. States, as guarantors and defenders of human rights and the right to the protection of personal data, are improving legislation and the activities of executive bodies. European legislation emphasises the vital role of personal data protection authorities (DPA). At the legislative level, the General Data Protection Regulation (GDPR) obliges DPAs to raise public awareness and provide advice and guidance on personal data law and its uniform application. This article examines the powers of European and Kazakhstani DPAs. We will look at European legislation on the functions of DPA. Next, we will demonstrate the Estonian experience and look at the activities of the Kazakhstani DPA. We conclude that it is necessary to allocate DPA in Kazakhstan to an independent, separately existing executive body specialising exclusively in protecting personal data with highly qualified personnel and empower it with additional functions. Strengthening the role of the Kazakhstan DPA will contribute to more effective and improved protection of the right to personal data protection.

Tvorba a implementácia etického kódexu učiteľa katolíckej školy na Slovensku

In this article, we focus our attention on the creation and implementation of the code of ethics for Catholic School Teachers in Slovakia. We introduce a Catholic school teacher as a personality who should have a high moral level, be a defender of human rights, mediate culture and, above all, develop a religion based on the teachings of Jesus Christ, which we present as basic starting points for the creation of a code of ethics. Every starting point for the creation of a code of ethics finds its foundation in Christ.

Powers of the Personal Data Protection Authority in Europe and Kazakhstan: comparative analysis, recommendations for improving the activities of the Kazakhstani Personal Data Protection Authority

The progressive development of digital technologies has penetrated all spheres of human activity, society, business, and the state. The constant development of digital technologies entails risks and threats to human rights and freedoms, honour and dignity, and well-being. States, as guarantors and defenders of human rights and the right to the protection of personal data, are improving legislation and the activities of executive bodies. European legislation emphasises the vital role of personal data protection authorities (DPA). At the legislative level, the General Data Protection Regulation (GDPR) obliges DPAs to raise public awareness and provide advice and guidance on personal data law and its uniform application. This article examines the powers of European and Kazakhstani DPAs. We will look at European legislation on the functions of DPA. Next, we will demonstrate the Estonian experience and look at the activities of the Kazakhstani DPA. We conclude that it is necessary to allocate DPA in Kazakhstan to an independent, separately existing executive body specialising exclusively in protecting personal data with highly qualified personnel and empower it with additional functions. Strengthening the role of the Kazakhstan DPA will contribute to more effective and improved protection of the right to personal data protection.

Қылмыстық сот ісін жүргізудегі сарапшы қорытындысы: халықаралық салыстырмалы талдаудың перспективалары

One of the main aspects of a complex and multifaceted criminal procedure system is the process of proof. Expert opinions play an important role in establishing facts, evaluating evidence, and making judgments. This scientific article is devoted to the study of international experience as an expert opinion in the process of proving in criminal proceedings. The purpose of the study is to analyze the international experience of using expert opinions and their impact on criminal proceedings. The study is of great scientific importance, as it contributes to understanding the role of expert opinions in criminal proceedings and helps in developing recommendations for improving this practice. The practical significance lies in the possibility of improving the evidentiary process, increasing the reliability of court decisions and ensuring fairness. The study uses a universal dialectical - materialistic method, general scientific methods (analysis and synthesis, induction and deduction, comparative, systemic), special methods (historical, specifically sociological) and individual scientific formal legal methods. Based on international experience, the factors influencing court decisions in different countries have been identified. The article defines the practical aspects of their application, contributing to an understanding of the role of expert opinions in criminal proceedings. This can serve as a basis for further research and recommendations to improve criminal proceedings. The results of the study can also be useful for lawyers and human rights defenders, as well as the academic community. They can contribute to the development of more effective and fair evidence systems and the preservation of human rights in criminal proceedings.

HUMAN RIGHTS ISSUES IN TRADITIONAL AFRICA VERSUS BLACKS’ CIVIL RIGHTS IN CONTEMPORARY AMERICA: A READING OF THE STORY OF OLAUDAH EQUIANO

This article aims at presenting and demonstrating through Equiano's story how the Traditional Africans of pre-colonial Africa perceived and dealt with the issue of human rights on the one hand; and on the other hand, it examines how the question of the rights of Black Americans are perceived and treated in American society today. In doing so, the study has used the theory of post-colonialism and comparative literature to analyze and interpret the two situations. As expected results, study has demonstrated that traditional Africans had established some social norms and rules which protected and guaranteed the basic rights of the populations without discrimination. However, it has been able to show that in the United States of today, portrayed as one of the most democratic nations and defenders of human rights, the basic rights of black Americans are still not guaranteed. They continue to experience multifaceted discrimination every day.

Do human rights really protect us? The evolution of the concept of human rights influenced by the work of the inter-american court of human rights

This text explores the growing influence of International Human Rights Law, focusing on the Inter-American System. It argues that human rights have attained a status akin to a "secular religion," shaping the legitimacy of states globally. Criticizing the hierarchical and unaccountable nature of bodies issuing internationally recognized treaties, the text examines specific characteristics of the Inter-American Human Rights Law, such as autonomous treaty interpretation and the control of conventionality doctrine. The concept of a "minimum standard" is scrutinized, raising concerns about the infallibility of treaty body interpretations. The existence of parallel legal orders and the relationship between national and international frameworks is discussed, unveiling potential challenges and an "infallibility complex" among human rights defenders.