Human-rights Approach Research Articles

The 2016 UN General Assembly Declaration on the Right to Peace: A Step towards Sustainable Positive Peace within Societies?

Abstract In 2016, the UN General Assembly adopted the Declaration on the Right to Peace. This article examines whether the implementation of the Declaration can likely lead to the realization of the right to peace in a way that elicits sustainable peace within societies. Thus, diverging from earlier studies, it provides conceptual and practical critiques of the Declaration to evaluate the viability of the right. First, following an in-depth analysis of the Declaration, this article draws on peace and conflict studies to explain what sustainable intra-state peace entails. Second, it establishes that the liberal and positive elements of peace and the frameworks prescribed in the Declaration are inadequate to address horizontal inequalities across all relevant identity groups qua groups, which is required to elicit sustainable peace. Third, it proposes guiding principles to direct implementing institutions, particularly UN bodies and frameworks, towards diagnosing and tackling inequalities across collectivities, thereby complementing the prevailing individualistic human rights approach.

Attitudes towards persons with mental health conditions and psychosocial disabilities as rights holders in Ghana: a World Health Organization study

BackgroundThere are currently major efforts underway in Ghana to address stigma and discrimination, and promote the human rights of those with mental health conditions, within mental health services and the community, working with the World Health Organization’s QualityRights initiative. The present study aims to investigate attitudes towards people with lived experience of mental health conditions and psychosocial disabilities as rights holders.MethodsStakeholders within the Ghanaian mental health system and community, including health professionals, policy makers, and persons with lived experience, completed the QualityRights pre-training questionnaire. The items examined attitudes towards coercion, legal capacity, service environment, and community inclusion. Additional analyses explored how far participant factors may link to attitudes.ResultsOverall, attitudes towards the rights of persons with lived experience were not well aligned with a human rights approach to mental health. Most people supported the use of coercive practices and often thought that health practitioners and family members were in the best position to make treatment decisions. Health/mental health professionals were less likely to endorse coercive measures compared to other groups.ConclusionThis was the first in-depth study assessing attitudes towards persons with lived experience as rights holders in Ghana, and frequently attitudes did not comply with human rights standards, demonstrating a need for training initiatives to combat stigma and discrimination and promote human rights.

Investigating the Nexus of Paralympic Bodies With Medicine

Medical discourse regarding impairment and (dis)ability dominate assumptions of Paralympic sport. This research examined the lived experience of the first author, a sport physiotherapist and veteran of many Paralympic Games, to consider the experience of sport medicine with Para sport athletes. Self-ethnography and a theoretical lens informed by a human rights approach to disability were used. Structural violence was utilized to explore the social structure of medical professions and the impact on Paralympic sport. Data involved a retrospective journal of the first author. Thematic analysis was conducted and these themes are presented; social potential of sport medicine, medical authority, aversive ableism. The research draws attention to structural violence in Paralympic sport and the potential of sport medicine to be an agent of change.

Addressing Decision-Making Capacity in Application of Involuntary Treatment in Latvia: Case Law Analysis

IntroductionA well-established principle is that informed consent is an obligatory requirement for any medical intervention; a patient’s decision-making capacity to consent is a requirement for legally valid consent. Some individuals may be unable to give valid informed consent due to their limited mental capacity. In such cases, laws permit substitute decision-making and involvement of the patient as far as possible (Art.6, Oviedo Convention). National laws of European countries allow persons with mental health problems to be deprived of their liberty and undergo involuntary treatment, namely treatment without a patient’s informed consent, in certain circumstances. Procedural safeguards must be secured, and a court must review its lawfulness (FRA, 2012). The legality of involuntary treatment is highly debated by various audiences (CRPD committee, CoE bodies). In Latvia and other countries, the requirement to assess a person’s decision-making capacity in the application of involuntary treatment is not required.ObjectivesThis study was conducted to reveal the role of a person’s decision-making capacity to consent to the treatment of mental disorders in cases where involuntary treatment was approved by courts.MethodsA retrospective case law study method was applied. Anonymised decisions of Latvian courts at www.manas.tiesas.lv in cases of involuntary treatment in Latvian adult psychiatric hospitals since 2010 were collected and analysed. The content of decisions concerning persons’ decision-making capacity and applicable legal regulations were studied.ResultsThe case law revealed that the decision-making capacity had not been addressed regularly and in detail. Latvian law does not require an assessment of capacity, and as a result, the courts do also not require any data. Some elements of decision-making abilities, such as the limited ability to comprehend or process information, are mentioned in the decisions of courts.ConclusionsThere is a need to address the significance of decision-making capacity in the application of patients’ rights law in clinical and legal settings when involuntary treatment is suggested or applied. There is a need to amend the laws justifying the limitations of patients’ rights, particularly concerning involuntary treatment.AcknowledgementsThis paper has been prepared within the research project “Towards a human rights approach for mental health patients with a limited capacity: A legal, ethical and clinical perspective”, No. lzp-2020/1-0397 and the project “Strengthening of the capacity of doctoral studies at the University of Latvia within the framework of the new doctoral model, identification No.8.2.2.0/20/I/006”Disclosure of InterestNone Declared

The Participation of the Private Sector in Achieving Gender Equality: How Working With Men Can Promote Shared Responsibility

The goal of this essay is to contribute to the study of public policies, specifically those oriented towards the promotion of shared responsibility between men and women in care work, both from a human rights approach and a gender perspective. We will quickly revise Gendes’ story and its theoretical-practical approach used with the private sector, to finally sum up our experiences and challenges of our interventions.

On How the Human Rights Framework Can Contribute to Inclusive Trade Agreements

There is a growing willingness to include inclusivity and sustainability provisions in trade agreements. This has gone hand-in-hand with a new trend in trade policy circles to acknowledge the differential impacts of trade. These developments offer an unprecedented opportunity to deepen reflection about ways of anticipating what possible impacts of new trade agreements might be, how to avoid adverse impacts, and how to design flanking and mitigating measures. This article considers the pertinence of a human rights-based approach for identifying economic, social and environmental impacts. Noting that discussion about human rights in the trade context has been hampered by misunderstandings, the article clarifies the legal basis for undertaking human rights impact assessment (HRIA) and what a human rights approach can achieve. It demonstrates that the function of HRIA goes beyond determining impacts of trade rules on human rights, to be a tool for ascertaining whether trade is fulfilling its intended societal functions. The article draws on a recent ex ante assessment of the European Free Trade Area (EFTA)-Mercosur trade agreement (EMFTA) to illustrate how HRIA methodology can be applied. Referring to this and other HRIAs, it concludes that human rights-based methodologies are well-suited to assess potential impacts of planned trade agreements, and that such assessment is a promising route towards trade agreements that are inclusive, robust, and supportive of the Sustainable Development Goals (SDGs). International trade, trade negotiations, Mercosur, EFTA, inclusive trade, human rights, impact assessment, sustainability impact assessment

Ambitious for change? A critical appraisal of the Canadian indicator framework of the sustainable development goals

Abstract This article explores the indicators and targets identified in the Canadian Indicator Framework, a localization of the UN Sustainable Development Goals for the country of Canada. Applying a critical theoretical lens and a human rights approach, the authors explore each of the ‘ambitions’ proposed by the federal government and assess their suitability in meeting the magnitude of transformative change that will be necessary to meet the goals of the 2030 Agenda for Sustainable Development. In considering each of the Canadian ambitions proposed to realize Sustainable Development Goals 1 to 17, and the framework as a whole, the authors conclude that a business-as-usual stance has been applied. Many of the Canadian ambitions have ‘no specific target’ identified, offering no baseline measures or concrete standards from which to benchmark and monitor progress. The ones that do are not tremendously transformative, leading to a framework that does not present a dramatic departure from existing policy and practice arrangements. The character of the Canadian ambitions to the Sustainable Development Goals are revealed, not as concrete change strategies, but as mere aspirations, albeit more for the status quo than for transformational action. To translate the Canadian ambitions into actions, human rights must be infused into the Canadian Indicator Framework, and these must be substantive, de facto, rights—rights that people can actually claim, and hold state actors accountable to.

‘Environments of concern’: reframing challenging behaviour within a human rights approach

While disability is recognised by the United Nations Convention on the Rights of Persons with Disabilities (CRPD) as an evolving concept, the language of positive behaviour support has not kept pace with the current human rights-based approach. The widely-used terms ‘challenging behaviour’ and ‘behaviours that challenge’ imply that the behaviour is inherent in a person with disability. Words have power in shaping practice: when the behaviour of the person with disability is framed as the problem, this leads to a pathologisation or labelling that can provide a rationale to medicate and restrain as a way of ‘managing the challenging behaviour’. Many behaviours seen as being challenging could be better understood as ‘adaptive behaviours to maladaptive environments’, or legitimate responses to difficult environments and situations. In this paper, we argue that the language and implementation of positive behaviour support should better take into account the CRPD and contemporary evidence on behaviour change interventions, which support a shift away from focusing on individuals’ behaviours towards putting environments front and centre. We outline how the social-ecological model could be used as a framework to more explicitly address ‘environments of concern’ in developing tailored and system-wide responses to behaviour support needs. We argue there is an urgency for this paradigm shift to better reflect the views of people with disability and improve outcomes.

PENDEKATAN HAK ASASI MANUSIA DEBITOR DAN KREDITOR DALAM PENGUJIAN UNDANG-UNDANG KEPALITIAN DAN PENUNDAAN KEWAJIBAN MEMBAYAR UTANG DIMASA MENDATANG


 
 The Human Rights Approach of Debtors and Creditors in Testing Bankruptcy Laws and Postponing Bankruptcy Obligations to Pay Debts in the Future is discussed in this study, Along with how Indonesia's legal system's state or evolution with regard to bankruptcy law and the suspension of debt payment responsibilities. Indonesia. In this study, a normative research methodology is used to investigate problems with the law and pertinent literature. According to the study's findings, the Bankruptcy Law and Postponement of Obligation to Pay Future Debt regulates the human rights approach between debtors and creditors when it comes to testing the law. Law Number 37 of 2004 Concerning Bankruptcy and Postponement of Debt Payment Obligations is the name of this regulation. By filing for bankruptcy or requesting a suspension of their debt payment responsibilities, debtors can reach an agreement with their creditors regarding the repayment of their debts. A delay in payment of debt is a time period allotted by law in line with a Commercial Judge's Decision, during which the creditor and debtor can discuss how to pay their debts by drafting a payment plan for all or any of those debts, including by restructuring the debt. Either the debtor or the creditor may ask for a suspension of the debt payment obligations.

LEGAL FRAMEWORK IN IMPLEMENTING THE NATIONAL POLICY ON HIV/AIDS PREVENTION AND CONTROL IN INDONESIAN LOCAL REGULATIONS

The purpose of this study is to analyze local regulations on the prevention and control of HIVIAIDS and their relevance to the implementation of national policies in Indonesia. More specifically, in light of the absence of a national law on the prevention and control of HIVIAIDS in Indonesia this study discusses the role of local regulation issued by local governments in response to this problem. This study has adopted the doctrinal legal study method and has examined legal materials from a library-based research. This study finds that the existing national policy on HIV/AIDS prevention and control is only substantially specified inthe Regulation of the Ministry of Health No. 21 of 2013, which has been issued to fill the lacunae in legislation on the matter at hand. The Ministerial Regulation has substantively applied the human rights approach to serve as the central government's response and an interpretive guideline for local governments in responding to HIVIAIDS prevention and control issues. The findings also pointed out that local governments are more responsive to the issue, their regulations have underscored the importance of health and human rights as the critical consideration in their policy regarding the prevention and control of HIV/AIDS. Practical recommendations are outlined for the central government to take serious measures to regulate the issues on HIVIAIDS prevention and control at the national level.

Zaštita prava svojine u makedonskom stvarnom pravu

The paper analyses the legal remedies for the protection of the right of ownership in Macedonian property law and in comparative law. This research focuses on the protection of ownership in the Macedonian property law system, as guaranteed by the provisions of the basic Ownership and Other Property Rights Act. This Act regulates different types of petitory actions (lawsuits) for the protection against infringement or interference with the ownership right whose scope and effectiveness will be analyzed in this paper. The analysis will extend to special laws regulating some form of protection of the ownership right. The paper also includes a comparative analysis of the legal mechanisms for protecting the right of ownership in the legal system of EU member states and other European countries, pinpointing the similarities and differences in the legal approach to protecting the right of ownership between countries. Considering that the right of ownership is protected by Protocol 1 of the European Convention on Human Rights, the paper will also address the European Court of Human Rights approach to protecting the ownership right under the Convention.

Six Key Approaches in Open Society Foundations' Support for Global Palliative Care Development.

Between 1998 and 2021, the Open Society Foundations (OSF) network invested around US$50 million in supporting the emerging field of palliative care worldwide, funding different approaches and interventions to advance its objective of putting palliative care on the global public health agenda. To describe six approaches that were instrumental to the successes of Open Society Foundations' support in building the global field of palliative care. A robust discussion of lessons learnt is unfortunately not possible because Open Society Foundations did not commission a rigorous evaluation of the impacts of its investments. This article describes these six approaches: Investing in versatile palliative care leaders at national and regional level; investing in palliative care champions within the OSF network; proactively engaging the World Health Organization (WHO) in efforts to promote palliative care; developing tools and skills to improve palliative care financing; using a human rights-based approach; and supporting self-advocacy by people with palliative care needs. Deep, long-term investments in national and regional champions from the palliative care community and OSF's own network built palliative care leaders with well-rounded skills, knowledge and opportunities to develop their own networks. The active engagement and involvement of the WHO in efforts to advance palliative care enhanced the credibility of palliative care as a discipline as well its champions, whereas the human rights approach resulted in more diverse strategies to overcome barriers to palliative care. The focus on palliative care financing and self-advocacy showed significant promise for impact. The approaches and strategies described helped a nascent palliative care field develop into a health service that is increasingly integrated into public health systems. Other funders and national governments can build on OSF's long term support for the palliative care field and support further integration of palliative care within public health to increase access.

Human-Rights Approach to Water in the European Union on the 10th Anniversary of the ‘Right2Water’ Initiative

The 20 principles of the European Pillar of Social Rights adopted by the EU in 2017 include the right to access such basic services as water, sanitation, energy or transport. In the face of the climate crisis, the first of these rights is becoming a service which, due to the progression of global warming, could lose its universal and easily accessible nature. It seems reasonable to ask about the chances of developing a ‘right to water’ within the framework of the EU’s system, which would unambiguously oblige the public authorities to ensure access to this right. The trigger for this research was the ‘Right2Water’ European citizens’ initiative addressed to the European Commission in 2013, which contained postulates to recognise access to water as a human right. Ten years after the launch of this procedure, it is reasonable to acknowledge the verification of the actions taken by the EU and whether the evolving EU water policy can be assessed as being oriented towards ensuring the right to water for all EU-inhabitants. The aim of this paper justifies the use of legal-dogmatic research methodology. Regarding the analysis of legal acts, the rules of legal hermeneutics were applied, esp. grammar and teleological interpretation.

Indonesian Legal Policy in Treating International Refugees Based on Human Rights Approach

Indonesia is one of the countries that is often a transit point for immigrants who want to seek asylum in other countries. This illegal arrival is certainly very detrimental to Indonesia. This is because the arrival of these refugees is considered a threat to national security and resilience. The trend of the number of refugees that continues to increase every year has caused various problems in handling foreign refugees in Indonesia. Indonesia did not ratify the 1951 Refugee Convention and the 1967 Protocol, but on the basis of human rights. As a transit country, Indonesia is experiencing a build-up of refugee flows due to the uncertain timing of the status granting process from UNHCR and moreover third countries limit the acceptance of refugees. However, Indonesia continues to provide various forms of assistance in dealing with the problems faced by refugees. The government has also issued several regulations including Presidential Decree Number 125 of 2016 and other technical regulations. Indonesia also collaborates with non-governmental institutions, such as academics, humanitarian activists, and faith and charity-based organizations. This collaboration has implications for the existence of asylum seekers and refugees in Indonesia. It is hoped that with this regulation and cooperation, it can provide legal certainty regarding solutions to refugee problems in Indonesia.

Demanding what is rightfully theirs. The link between social justice protests and economic, cultural, and social rights

The right to peaceful assembly and association have been central to the notion of human rights since their very first iterations. A selection of key peaceful protest movements in the 21st century shows that the movements themselves are expressing demands that are in line with the human rights approach (Ortiz et al. 2022). Among the main findings is that over half of protest movements incorporate some economic or social justice demand (higher wages, jobs, housing, healthcare, pensions…). This article looks at protest movements that have demands that are linked to rights expressed by the UN International Covenant on Economic, Social and Cultural Rights (United Nations 1966). Though protesters do not express their demands in the language of human rights, their demands for social justice are mostly already enshrined in the declaration. The author compares demands of economic justice to their counterpart in terms of rights, stressing the need for countries to reexamine their own policies considering these protests or potentially face escalating social unrest.
 Received: 20 July 2022 Accepted: 30 November 2022

Parent organizations' experiences of the pandemic response in maternity care in thirteen European countries.

We surveyed changes to maternity care services in the first 17 months of the COVID-19 pandemic in 13 different European countries, from the perspective of national maternity service (parent) organizations advocating for a human rights approach to maternity services. A qualitative study was conducted in November 2020. An open-question survey was sent to national maternity service (parent) organizations and members of COST Action 18211 in Europe, asking about COVID-19 measures in maternity services (antenatally, intrapartum, postnatally, and overall satisfaction). From the open answers, 16 core issues were extracted. Between February and August 2021, semi-structured interviews with the national representatives of 14 parent member organizations in Europe were conducted, collecting details on overall national situations and changes due to COVID-19 measures. The reported experiences of parent organizations from 13 European countries show wide variations in epidemiological containment measures during the first 17 months of the COVID-19 pandemic. Practices differed between facilities, resulting in emotional disquiet and confusion for parent-patients. Most countries maintained antenatal and postnatal care but restricted psychosocial support (antenatal and birth companions, visitors). Organizations from nine countries reported that women had to wear masks during labor, and all but two countries saw separations of mothers and babies. Most parent organizations described a need for more reliable information for new parents. During the pandemic, non-evidence-based practices were (re-) established in many settings, depriving women and families of many factors which evidence has shown to be essential for a positive birthing experience. Based on the findings, we consider the challenges in maternity services and propose a strategy for future crises.

ПРАВОЛЮДИННИЙ ЗМІСТ СУЧАСНОЇ ЦИФРОВОЇ СТРАТЕГІЇ ЄВРОПЕЙСЬКОГО СОЮЗУ

The article is devoted to the study of the process of development of methodological approaches to legal regulation in the field of information and informatization in the EU, with emphasis on the provision of human rights in the conditions of the information society and the definition of vectors of democratic development. The focus is on the content of the newest document in this area, the European Declaration on Digital Rights and Principles, signed by the leadership of the European Union in December 2022. On the basis of the analysis of the "digitized" legislative framework of the EU, it was found that the idea of balancing technological development with respect for ethical principles and the promotion of human rights is held as a fundamental one. Already with the beginning of the spread of information and communication technologies, the original methodological guideline for the EU leadership became the thesis that the person, his needs and interests are at the center of social transformations that accompany the construction of an information society. The human rights approach to digitization processes was demonstrated in a number of documents of the so-called European digital agenda. The conceptual principles of the general approach to building the legal framework of the information society in the EU include three areas of action: 1) technologies that work for people, 2) a fair and competitive digital economy, 3) an open, democratic and sustainable society. Within the third strand, it is defined: it aims to ensure that EU values and ethical rules are applied both online and offline. The human-centered approach formed in the EU should be taken into account in Ukraine on the way to European integration when creating national legislation on the legal regulation of the Internet environment and the development of social policy in the conditions of the dominance of information technologies.

Designated officials’ approaches to judging serious incidents: an analysis of incident reports in care for older people, disability services and family services in Sweden

ABSTRACT There are various systems for reporting incidents that have harmed service users depending on the country and legislation. In Sweden, the duty of staff to report mistreatment covers three areas: care for older people, disability services, and individual and family care. This study examines Designated Officials’ judgements concerning reported incidents of serious mistreatment in social services in Sweden. A qualitative analysis of incident reports covering all three areas shows that investigators used five approaches to judge the seriousness of an incident. The ‘individual approach’ is seen as a blaming strategy of individual staff, and the ‘quality development approach’ highlighted systematic failures, with little focus on protecting individual service users. The ‘medical approach’, predominantly used in care for older people, measured physical injuries but neglected service users’ own experiences. The ‘empathic approach’ incorporated service users’ perspectives as interpreted by staff, often resulting in service users being stereotyped as victims. The ‘legal and human rights approach’ was least common in the analysis, despite echoing the core values of social work that are highly important for social workers. We conclude that the assessment process for reports needs to be reconsidered and the meaning of harm in the context of social work re-evaluated.

When does bulk interception of communications violate the right to privacy? The limits of the state’s power and the European Court of Human Rights Approach

When does bulk interception of communications violate the right to privacy? The limits of the state’s power and the European Court of Human Rights Approach

Closing the gap between UNGPS and content regulation/moderation practices

Both human-based and automated decisions are shaped by national legislation, international regulations as well as on platforms community guidelines or Terms of Service, a set of private rules that control what is allowed and what is not allowed on digital platforms. Such restrictions of what may or may not be deemed acceptable content are taking place in a context of increasing “digital authoritarianism” in which global internet freedom has declined for eleven consecutive years . Moreover, content moderation practices are currently shaped by corporate interests, within increasingly concentrated markets that are influenced by the network effects of the digital economy . Although it is well recognised that the same rights that people have offline must also be protected online, there are increasing examples of legislation and companies” Terms of Service which are leading to restrictions on freedom of expression and other human rights . On the other hand, most of national regulations constitute fragmented regulatory attempts and do not touch upon several issues that could propel content moderation practices that could better respect human rights, such as design features or proceedings closer to responsive regulation models. In this paper we argue that, despite its limitations and its formal legal status, the United Nations Guiding Principles on Business and Human Rights (UNGPs) offer a good starting point to address some of these problems and encourage rules and procedures for moderating user-generated online content that put human rights at the very centre of those decisions. Indeed, UNGPs provide the foundations for the development of a responsive normative framework that is consistent across borders, addressing problems generated by fragmented regulatory attempts and of multinational corporations operating in diverse contexts. In an area where there are no easy or clear-cut solutions, UNGPs provide procedural safeguards to collectively address the problems generated in content moderation. Moreover, the normative framework provided by the UNGPs constitute the backbone against which to judge governments that are adopting deficient public policies or to address different issues in the absence of regulation. Lastly, UNGPs greatest innovation is the creation of an independent duty to respect human rights for powerful private actors such as social media platforms that in some cases accumulate more power and institutional capacities than a significant share of governments around the globe. Although previous literature has already adopted a human rights approach to content moderation, we here attempt to provide a closer look upon the specific role that UNGPs may play in addressing the challenges of what has been called the “hidden industry” of content moderation within “mostly submerged systems of technological governance” . In the first section, we briefly describe and analyse the features of UNGPs that we think make them an adequate normative framework to address the human rights challenges that arise in the context of regulating and moderating user-generated content in the online world. We argue that, despite the limitations of an experimental and polycentric approach, the UNGPs have supported some progress, especially when it comes to the recognition of human rights standards in the tech sector. In the second section, we provide the reader with a brief introduction to ways in which content regulatlion/moderation has negatively affected the human right to freedom of expression. The following section addresses the relationship between UNGPs and the duties or roles that each actor could play in addressing the isse: governments, corporations, civil society organizations and individuals. Finally, we end with some concluding remarks and future research questions.