Framework Of Human Rights Research Articles

Quilombola women from Jequitinhonha (Minas Gerais, Brazil) and access to water and sanitation in the context of COVID-19: a matter of human rights

IntroductionIn Brazil there are currently 3,475 certified quilombo communities, reminiscent of Black communities founded by African enslaved people. In the Jequitinhonha Valley, a semi-arid region located in northeastern Minas Gerais State, Brazil, there are approximately 80 established communities, mostly in hard-to-reach areas with lack of access to water and sanitation services.MethodsUsing the analytical framework of Human Rights to Water and Sanitation (HRWS) and with a gender perspective, this research aimed to analyze how access to water and sanitation occurs in two remaining communities of quilombos (Córrego do Narciso and Córrego do Rocha) located in the Jequitinhonha Valley and how lack of access to these services impacts the health and lifestyle of the population, especially during the COVID-19 pandemic. The study used qualitative methods. Data was collected using individual interviews and focus groups. The data was analyzed using content analyses technique.ResultsThe results showed that access to water and sanitation in both communities did not respect the HRWS normative content and the lack of access impacted the lifestyle—the economic, cultural and social traditional activities-and the health of the population, especially for women. During COVID-9 pandemic access to water became even more difficult because the supply by water truck was discontinued producing more insecurity as people in the communities, especially women, needed to go to the city to buy water and food and could not keep isolation.DiscussionPublic policies on access to water for rural populations, especially quilombolas, if guided by the HRWS framework and interwoven with the gender perspective, could ensure guaranteed quality of life for women and can strength their entitlements within their territories.

Theoretical and Legal Foundations for the Protection of Environmental Rights as Part of Political Rights in Kyrgyzstan

This article examines the theoretical and legal foundations for the protection of environmental rights as integral components of political rights in the Kyrgyz Republic. It explores the evolution of environmental rights within the broader framework of human rights and political freedoms, highlighting their significance in the context of sustainable development and democratic governance. The study analyzes the existing legal frameworks, including constitutional provisions and international agreements, that support the recognition and enforcement of environmental rights in Kyrgyzstan. It also addresses the challenges and opportunities in integrating environmental rights into the political rights discourse, emphasizing the role of civic engagement, public policy, and legal reforms. The findings underscore the importance of strengthening legal mechanisms to ensure the effective protection of environmental rights as fundamental political rights, contributing to the overall enhancement of environmental governance in the Kyrgyz Republic.

Teaching Transnational Asian American History Using a Human Rights Approach: Illustrating with Chinese American History

As an increasing number of states mandate or consider the incorporation of Asian American history into school curricula, educators and curriculum developers are actively responding to this growing demand. Recognizing the transnational nature of Asian American history and the explanatory power of Asian Critical (AsianCrit) Theory in addressing this complexity, I advocate for the pedagogical effectiveness of a human rights framework. This framework provides a valuable scaffold for students’ learning and the development of a transnational perspective. After reviewing multiple typologies of Human Rights Education, I propose that the C3 Inquiry framework offers a robust model for implementing Human Rights Education. This approach provides a comprehensive strategy for teaching about, through, and for human rights within the context of teaching and learning about Asian American history. To illustrate this approach, a sample unit plan focusing on key moments in Chinese American history is presented.

Governing Silicon Valley and Shenzhen: Assessing a New Era of Artificial Intelligence Governance in the United States and China

This article examines recent developments in artificial intelligence (AI) governance in the United States (US) and China, exploring their implications for each country’s development trajectory. Drawing on a framework informed by the philosophy of technology, the article delves into not only the differences between the two countries’ approaches but also the reasons behind these differences. The US, after years of industry self-regulation, is slowly moving towards concrete legislation, while China is centralizing its development and regulatory initiatives. Despite China’s expressed desire for values-pluralistic international governance, existing tensions between the two, coupled with the US’s burgeoning coalition centered around AI with “democratic values,” might pose challenges to collaboration and international governance. Nonetheless, the article contends that both systems can be accommodated within a values-pluralistic human rights framework, potentially paving the way for meaningful international governance efforts.

Decolonizing AI: Implementing Humanitarian Artificial Intelligence

In this article, we critically examine the implementation of what Carlos Montemayor calls Humanitarian Artificial Intelligence from a decolonizing perspective. We highlight the dichotomy of optimism and fear surrounding AI, elucidating its potential to address fundamental human problems and the risks of monopolistic control. We critique Montemayor’s proposal to align AI with a human rights framework, arguing that it insufficiently addresses global inequalities. Our tripartite analysis focuses on the distribution of AI resources, language inclusion, and content diversity to ensure AI benefits all humanity. We emphasize the need for equitable access to AI, linguistic diversity in AI training data, and the preservation of marginalized epistemologies. We advocate for strategies to mitigate environmental impacts and avoid cultural imperialism disguised as altruism, calling for a balanced approach between private sector innovation and state regulation to foster a truly humanitarian AI.

The role (and limits) of developmental neuroscience in determining adolescents’ autonomy rights: The case for reproductive and voting rights

Neuroscientific evidence documenting continued neural development throughout adolescence has been leveraged in advocacy for more lenient treatment of adolescents in the criminal justice system. In recent years, developmental science, including neuroscience, has progressed and enabled more nuanced interpretations of what continuing neural development in adolescence likely means functionally for adolescents’ capabilities. However, oversimplified interpretations equating continuing neural development to overall “immaturity” are frequently used to make the case that adolescents should have fewer legal rights to make decisions on their own behalf, including regarding reproductive and voting rights. Here we address ongoing debates about adolescents’ autonomy rights and whether such rights should be expanded or restricted. We review extant neuroscientific and developmental research that can inform these debates. We call for: (1) a more nuanced application of developmental neuroscience to specific rights issues in specific contexts; (2) additional research designed to inform our understanding of the developmental benefits or harms of rights-based policies on young people over time; and (3) the grounding of developmental neuroscientific research on adolescents within a human rights framework. We offer suggestions to developmental and neuroscience scholars on how to discuss the science of adolescent development with those seeking guidance in their design of law and policy.

The Reform and Evolution of ASEAN Human Rights Regime: A Communicative Action Perspective

ASEAN has experienced significant progress since the initiation of the ASEAN Community Vision and the incorporation of human rights into its foundations. This development has ignited continuous scholarly discussions over the degree to which the ASEAN human rights framework shape regional identity and impacts member states’ behavior towards human rights. These debates often revolve around two key theoretical approaches: the logic of consequences and the logic of appropriateness. These logics pose challenges in fully understanding the complexity of state behavior, as they are often observed operating simultaneously and interchangeably within state actions. The article investigates the ASEAN human rights regime through the communicative action perspective and its logic of arguing. It employs a qualitative instrumental case study approach, focusing on the ASEAN Intergovernmental Commission on Human Rights (AICHR) and the ASEAN Humanitarian Assistance (AHA) Centre to illuminate the region's evolving human rights strategies. It is characterized by both deliberate reforms and informal adaptations, reflecting a complex interplay of traditional principles, and emerging human rights norms. The findings indicate that ASEAN states are open to being convinced and persuaded by ideas related to human rights instead of dismissing them outright. ASEAN's approach to human rights, while progressing gradually, suggests a shift towards more substantive engagement with global human rights norms, facilitated by the discursive processes embedded within the AICHR and AHA Centre.

Educational language policy for refugee-background students in the spotlight

This article maps the differences between the European Union’s Framework of Human Rights and state-based legal mindsets (ideologies) of language policy and planning in education. Based on the analysis of the documents released by the European Commission, the Council of Ministers and the European Council in the course of the constituting of multilingual perspective and taking the experience of its local implementation into account, this article examines common cross-state indicators in order to compare multilingual responsibility of public education policies for refugee-background students (RBSs). It concludes that the assessment of multilingual possibilities in education was not complete and impartial on the level of the European Union and for a selected jurisdiction – namely, Poland. Current regional legal regulations fail to equitably address the needs of RBSs, and national-based attention eliminated the question of newcomers’ rights in education. Moreover, as highlighted for current policy-making in the European Union, there is a gap between current legal intention and political views produced by EU institutions – for example, The Commission Action Plan on the Integration of Third-Country Nationals.

Driving Forces of Impunity in South Asia: A Human Rights Framework

This paper is the outcome of a research on impunity in South Asia. Undertaken by Forum Asia in 2021, the research collected cases from Afghanistan, Bangladesh, India, Maldives, Nepal, Pakistan and Sri Lanka. The cases related to impunity were collected by the country researchers deputed in these countries. The lead author and co-author of this paper were the main contributors in compiling the country reports, processing the data, editing them and publishing them as country reports and South Asia regional report. Out of the huge compilation, this paper mainly sketches the debates over the constructs on impunity prevailing in these countries. The paper highlights how these countries are combating impunity with respect to the drivers and to what extent this effort is compatible in the realm of global human rights framework. Impunity is found deeply rooted in South Asia both in the cognitive, productive, economic, and political lives of the victims as well as on the psychosocial mindset of society. Individual victims of gross violations of human rights have been denied access to justice at large. This develops post-traumatic stress disorder (PTSD) along with loss of memory, nightmares, excessive fear, loss of attention, loss of self-esteem, self-isolation, distrust, withdrawal from normal life events as well as a refusal to participate in civil, cultural and social interactions. The paper concludes that most South Asian states follow democratic norms and values as they hold periodic elections and form governments. These states, however, severely lack concrete plans and tools to combat impunity. The paper suggests the vibrant role of the legislation penal codes in these countries to make accountable to the stakeholders involved in impunity matters both as perpetrators and those acting against the perpetrators.

Abortion in Islam: A Fiqh Examination of Medical and Social Indications

This article aims to explore how principles of Islamic fiqh can be integrated with modern medical approaches in addressing abortion, particularly in countries with significant Muslim populations. Given the high rates of unwanted pregnancies and the grave consequences of unsafe abortions, this research is imperative to enhance understanding of the diverse fiqh perspectives regarding medical and social justifications for abortion. The methodology employed is a phenomenological qualitative approach with a constructivist paradigm, emphasising a deep comprehension of the subjective experiences and viewpoints of Islamic scholars. Data was collected through extensive literature review, including classical and contemporary fiqh texts as well as academic literature related to medical ethics in Islam. The findings reveal various interpretations of Quranic verses relevant to abortion, underscoring the importance of preserving life and human dignity. Within the context of Maqasid Shariah, it was found that abortion could be permitted in situations meeting the criteria of Darura, where the preservation of the mother's life is the paramount concern. Social phenomena related to abortion were also examined, highlighting the stigma and social consequences faced by women in Muslim communities who undergo or consider abortion. The discussion in this article includes the integration of religious law and medical practice, and the need for greater education and awareness about reproductive health within Muslim communities. This allows the research to provide clear guidelines that not only assist healthcare practitioners in making ethical decisions but also support the creation of more effective and empathetic policies that consider the health and well-being of women within a framework of human rights and social justice.

If at First You Don’t Succeed… A Critique of the Australian Human Rights Act Proposal and the Inquiry into Australia’s Human Rights Framework

Australia, being rather an outlier, does not have a national Bill of Rights. The Australian Human Rights Commission (‘AHRC’) has recently sought to reinvigorate the issue, recommending the enactment of an Australian Human Rights Act. Its proposed model went before the Commonwealth Parliamentary Joint Committee on Human Rights, as part of the Inquiry into Australia’s Human Rights Framework. This article considers the need and support for an Australian Human Rights Act, incorporating recent developments during the COVID-19 pandemic. It provides a detailed critique of the AHRC’s proposed model and elements for human rights protection. In doing so, the article draws upon the experiences of certain Australian state and territory jurisdictions with Bills of Rights. It concludes by strongly endorsing the AHRC’s proposed model, subject to some reservations (about a participation duty, equal access to justice duty and power to exempt certain public authorities) and suggested clarifications or enhancements.

Protection of the Environment in National Constitutional Law in Light of the Jurisdiction of the ECtHR – A Hungarian Perspective

The article gives a comparative analysis of the protection of the environment in the European human rights framework and at the constitutional level through the example of Hungary. The contribution analyses two judgments of the ECtHR in connection with the country and presents the Hungarian constitutional framework for the protection of the environment. The starting point of the analysis is the fact that the different levels of regulations – international and national – tend to focus on different aspects of protection, yet they significantly influence each other. The presentation of the two Hungarian cases is particularly topical in light of the fact that the Fundamental Law of Hungary, which introduced several unique provisions for the protection of the environment, was adopted between the finalisation of the two judgments.

Hak untuk Kesehatan dalam Konteks Medical Tourism Berdasarkan Perspektif Hak Asasi Manusia

Medical tourism is a global phenomenon in which individuals travel across countries to receive medical or health care. Although not directly recognized as a major component of human rights (HAM), medical tourism has a relevant impact on human rights aspects in countries like Indonesia. The Indonesian government has an important role in regulating medical tourism by taking into account the human rights framework. This involves developing regulations that ensure the protection of patient rights, monitoring quality medical practice, and fulfilling access to health services for all citizens, both local and medical tourists. This article provides a brief analysis of how medical tourism can impact several aspects of human rights including the right to health. However, this approach also raises questions about equitable access to medical care for local populations. In order to maintain a balance between benefits and negative impacts, implementing medical tourism in accordance with human rights principles will support the sustainable goal of providing quality and equitable medical care for all individuals, without violating human rights.

The Human Right to Land: A Peasant Struggle in the Human Rights System

Abstract Control and access to land are major concerns for peasants of the global south who face the longstanding consequences of colonialism and recent ‘land-rush’. What is the role of human rights in this peasant struggle? The UNDROP marks the international recognition of the right to land. However, as the very project of human rights is facing criticism and the effectiveness of this recognition remains uncertain, the question of whether using the human rights framework is even desirable arises. Arguing for a broader understanding of the actors and processes involved in the application and evolution of human rights, I explain that the process of obtaining the recognition of the right to land involved the mobilisation and re-modelling of human rights by grassroots organisations. I explore the potential of this mobilisation to transform common understandings of human rights, and its distinctive ability to support the necessary paradigm shift to transform peasants’ lives.

Freedom of Religion and Non-discrimination Based on Gender Identity and Sexual Orientation in Ukraine: Corporate Policy Commitments in Situations of Conflicting Social Expectations

Conflicting social expectations in a particular state affect the interpretation and implementation of international human rights law. Ideological, religious, and legal factors related to the protection of freedom of religion or belief (FoRB) and freedom from discrimination based on sexual orientation and gender identity (SOGI) in Ukraine put businesses under social pressure. Businesses thus face a legitimate dilemma whether to follow national social expectations perceiving FoRB and freedom from discrimination based on SOGI as rights in conflict or expectations arising from international human rights law establishing both freedoms as equal and non-clashing. Based on desk research and in-depth interviews with business policymakers the article identifies neutrality, ignoring, and active engagement strategies when providing corporate respect to FoRB and SOGI under the business and human rights framework ‘Protect, Respect, Remedy’ which requires responsible business conduct. The article concludes with the implications each strategy has for resolving presumed clashes between FoRB and SOGI at the community level.

A healthcare approach to mental integrity

The current human rights framework can shield people from many of the risks associated with neurotechnological applications. However, it has been argued that we need either to articulate new rights...

Investor Obligations: Transformative and Regressive Impacts of the Business and Human Rights Framework

Abstract The business and human rights (BHR) framework has regularly been considered the superior legal regime of corporate accountability for business-related human rights abuses, which must be both protected from and incorporated into investment treaties. However, investment treaties have surpassed the BHR framework in an important respect: certain investment treaties impose strict international legal obligations, including human rights-related obligations, directly on investors, thereby going beyond the normatively ambiguous corporate responsibility to respect. Investment treaty reform initiatives, including those seeking to align investment treaties with the BHR agenda, should, therefore, take care to avoid inadvertently undoing this advance towards investors’ legal accountability.

Banned: Fishing in the Data Tax Lake?

Data gathering and analysis are valuable tools in the global fight against tax fraud. However, their use raises significant legal questions, particularly regarding the extent to which it could qualify as a prohibited fishing expedition. Previous research identified two main characteristics of fishing expeditions: speculation and excessiveness. Judges and scholars claim fishing expeditions are prohibited even though a specific legal ground for this prohibition is lacking. Therefore, it is crucial to examine the legal grounds that can be relied upon to assess the legitimacy and limitations of (big) data tax audits in relation to the prohibition of fishing expeditions.By analysing case law from the Council of Europe, the European Union, Belgium and the Netherlands, this article identifies the implicit legal grounds that support the prohibition of fishing expeditions. It demonstrates how the prohibition is incorporated into the human rights framework, the general principles of good governance and the relevance criterion embedded in European and national legal provisions with regard to investigative powers of tax administrations, providing a comprehensive perspective on their rationale to prohibit fishing expeditions.

An end to the patchwork quilt? The guarded potential of the PJCHR’s inquiry into Australia’s human rights framework

ABSTRACT Australia’s Human Rights Framework is over a decade old, and the patchwork quilt of protections is fraying at the seams, unable to deliver the human rights protection needed. Yet, the Commonwealth Attorney-General’s referral of an Inquiry into Australia’s Human Rights Framework to the Parliamentary Joint Committee on Human Rights (PJCHR) offers an opportunity for ambitious reform. This commentary provides an overview of the work of the ongoing Inquiry into Australia’s Human Rights Framework to date and an analysis of the guarded potential for ambitious human rights reform through the long-overdue enactment of a Federal Human Rights Act.

Transgender behind bars. The transgender pains of imprisonment in the light of the emerging and advancement of human rights protection for transgender prisoners within the Council of Europe context

Prison systems are traditionally binary systems, as prisoners are either placed in a male or a female prison facility. In the literature, transgender prisoners are identified as a vulnerable group, due to the heightened risk of human rights violations such as violence, abuse, sexual exploitation, stigma and discrimination. Maycock, building upon the theory on the ‘pains of imprisonment’ by Sykes, has identified specific pains of imprisonment to consider the particular deprivations or frustrations that transgender people experience within prison settings. In this article, the central question is whether the human rights framework as developed within the Council of Europe has put forward human rights norms for the placement and treatment of transgender prisoners to deal with these specific pains of imprisonment and to provide protection to transgender prisoners against additional suffering in prison. To ensure safe and humane prison conditions for the vulnerable group of transgender prisoners adequate human rights protection is of the utmost importance. Combining the criminological theory of the transgender pains of imprisonment with the human rights based approach this article makes a novel contribution to the study of transgender people in custody within the Council of Europe context. This approach will shed light on this often overlooked group of vulnerable persons in European prisons. The findings are not only based on theory, but also illuminate current practices in the Council of Europe Member States, as Maycock’s theory of the transgender pains of imprisonment is based on interviews with 13 transgender people in custody in the Scottish penal context and the country reports by the CPT provide evidence of penal policies and practices on the placement and treatment of transgender prisoners in 10 different Council of Europe Member States.