Human Rights-based Approach Research Articles

International Law and Sustainable Development: Grounds for Cancellation of Africa Debts

Abstract As of April 2020, the IMF categorised seven African countries as being in debt distress, whilst identifying twelve more that were at high risk of becoming distress. It is no longer a secret that considered immutable and eternally binding, debt by the global south (i.e., poor developing African countries) has become a tool for imperial powers in the post-colonial world to enforce and perpetuate their dominance over the global south. This is despite serious global crises that emerge from, and/or were caused by the rich countries of the global north; specifically, the negative effects of the global financial crisis of 2008, devastating impact of Covid-19 pandemic, and impact of Russia–Ukraine war on the African economies and contribution to these debt vulnerabilities. Yet, the rich countries of the global north have insisted on these poor countries to continue financing their debts. The paper considers how African countries could legally cancel the repayment of the debts by relying on the principles of international law (such as pacta sunt servanda, limit to legal obligation to pay, force majeure, State of Necessity or rebus sic stantibus) and States’ declarations to commitment to sustainable development agenda (such as the European Union’s response to the adoption of the 2030 Agenda featured in its Commission’s 2016 Communication) could be used as justifying grounds for cancellation of Africa debts. The paper draws on international law and development in the light of dependency and postcolonial theories and employs the human rights-based approach, interdisciplinary and critical-analytical perspective and using qualitative empirical evidence from rich countries and institutions of the global north and poor developing countries of the global south for analysis.

Exploring barriers and facilitators to knowledge transfer and learning processes through a cross-departmental collaborative project in a municipal organization

PurposeThis study aims to explore barriers and facilitators for knowledge transfer and learning processes by examining a cross-departmental collaborative project in the municipal organization. It is based on a R&D collaboration between University West and a Swedish municipality.Design/methodology/approachTo explore the barriers and facilitators, the data collection was made through observation of the project implementation process, as well as 20 interviews with public servants and external actors. To conduct a systematic qualitative-oriented content analysis, the article constructs and applies a theoretical analytical framework consisting of different factors influencing knowledge transfer and learning processes within a municipal organizational setting.FindingsThis study explores the facilitators and barriers to knowledge transfer and learning processes, specifically focusing on strategic communication, individual roles, common goals, time pressure, group learning, trust and relationships and absorptive capability. Lack of communication affected the group learning process, while the close relation between time pressure, group learning and trust in colleagues is also pointed out as crucial areas. Trust developed through dialogue efforts helped overcome project fatigue. Coaching with a human rights-based approach improved organizational absorptive capabilities.Originality/valueThe study gives important insights into organizational learning within a municipality in Sweden for the successful implementation of collaborative projects. Knowledge must be transferred for the organization to learn to develop and tackle future challenges and its complex responsibilities. The theoretical analytical framework provided in this article has proven to be effective and is therefore transferable to other organizations in both the public and private sectors.

Assessing the working practices and the inclusive programs to students with disabilities in the Egyptian museums: challenges and possibilities for facilitating learning and promoting inclusion

Following the implementation of 2018’s laws on the rights of persons with disabilities (PWDs) in Egypt, students with disabilities (SWDs) have both legal and moral rights to meaningful learning opportunities and inclusive education. Despite that, SWDs still have very limited education resources which limit their career aspirations and quality of life. In this respect, education whether as part of formal education or lifelong learning is central to the museum’s mission. Museums, as part of non-formal education, are being acknowledged for their educative powers and investments in the development of quality formal, non-formal, and informal learning experiences. Further, phrases such as “inclusivity,” “accessibility,” and “diversity” were notably included in the newly approved museum definition by ICOM (2022) emphasizing museums’ obligations to embrace societal issues and shape a cultural attitude concerning disability rights, diversity, and equality together with overcoming exclusionary educational practices. The study seeks to investigate the existing resources and inclusive practices in Egyptian museums to achieve non-formal education for SWDs. Qualitative research approaches have been employed to answer a specific question: How can Egyptian museums work within their governing systems to support the learning of SWDs beyond their formal education system? The study aims to assess the potential of Egyptian museums in facilitating learning for SWDs. Further, it examines the capability of Egyptian museums in contributing to informal and non-formal learning for SWDs and striving for inclusive education inspired by the social model of disability that fosters inclusive educational programs and adopts a human rights-based approach. The results revealed that Egyptian museums contributed to the learning of SWDs, yet small-scale programs and individual efforts, but they are already engaged in active inclusive practices that address the learning of SWDs. The study suggests that they need to be acknowledged and supported by the government as state instruments and direct actors in advancing inclusive education and implementing appropriate pedagogies in favor of SWDs.

International protection of persons with disabilities in risk situations

The article analyzes the provisions of international legal acts on the protection of the rights of persons with disabilities in situations of risk (the Convention on the Rights of Persons with Disabilities of 2006, the Charter on inclusion of persons with disabilities in humanitarian action of 2016, UN Security Council resolutions, etc.) It is indicated that the Convention on the Rights of Persons with Disabilities has changed the approach to disability: persons with disabilities are recognized not as objects of medical care and charity, but as holders of rights; this human rights-based approach to disability requires a new understanding of international humanitarian law, refugee law and emergency response mechanisms for persons with disabilities. The factors that increase the vulnerability of persons with disabilities in risk situations are identified, such as: the difficulty of self-evacuation; inaccessibility of information about evacuation routes, shelters and safe places, humanitarian assistance, warnings due to sensory impairments (blindness, hearing impairment) etc. The gaps in the national legal framework in this area are highlighted, in particular: the lack of specific measures to ensure the safety of persons with disabilities and various health disorders in risk situations; the lack of simultaneous visual and voice warning systems in public places and services; the lack of emergency accommodation for persons with disabilities; the lack of periodic risk assessments and measures to collect disaggregated data to identify and eliminate specific risks etc. The author highlights the measures aimed at ensuring the rights of persons with disabilities in risk situations: promoting the protection of persons with disabilities in conflict-affected areas, including their evacuation; taking into account the needs of persons with disabilities in evacuation plans and ensuring their accessibility; ensuring that the needs of persons with disabilities are fully taken into account in the provision of humanitarian assistance; providing persons with disabilities with access to emergency accommodation in risk situations, etc.

A Human Rights-Based Evaluation Approach for Inclusive Education

This article reports on ways in which United Nations human rights treaties can be used as a normative framework for evaluating program outcomes. In this article, we conceptualize a human rights-based approach to program evaluation and locate this approach within the broader evaluation literature. The article describes how a rights-based framework can be used as an aspirational set of indicators for program evaluations to promote activities that align with internationally agreed-upon human rights norms. We then describe a case study of the evaluation through which this method was developed, including its sampling design, methodology, and findings. The United Nations International Children’s Fund (UNICEF) inclusive education evaluation described highlighted the need for conceptual clarity around what inclusive education is, and the importance of contextualized innovation toward meeting the educational rights of children with disabilities. Human rights perspectives and evaluation designs can help create such clarity, but should also be used with care.

The Need for Practicable Normative Right-based Social Work Practice in Secure and Forensic Mental Health Services

Abstract We (both author and reader) will explore the need to develop a practicable evaluative human rights-based approach to the care, treatment and discharge of forensic mental health patients. It can be argued that patients in secure and forensic services are potentially the most marginalised and extensively stigmatised of all patient cohorts, and that the extent to which they are discriminated against should not be underestimated. We will consider the concept of right-based practice in secure and forensic mental health settings, and how the quality of practice can be strengthened. We will ground our exploration in the lived experiences of secure and forensic mental health patients and seek through the lens of lived experience to envisage what could constitute fairer and more supportive systems of care.

Saving unwanted children: a proposal for a National Rearing Institute.

Unwanted children are carried, born, and reluctantly raised each year; they are prone to abortion, abandonment, neglect, and abuse. Meanwhile, many developed societies are suffering from depopulation. To address these two issues concurrently, I propose that governments should grant pregnant women and mothers an irreversible and unconditional one-time chance to relinquish all their legal rights and obligations associated with each of their children under a specific age to a National Rearing Institute that adopts the children and rears them to the age when they can fully exercise their rights as adult citizens. I call this set of policy arrangements "Project New Republicans." This project aims to (1) protect and support the best interests of unwanted children, (2) maximize the health outcomes of the mothers who gave birth to these children and help the mothers to achieve self-realization, and (3) preserve an influx to the population from procreation against depopulation. The project is primarily grounded on both the utilitarian and intra- / inter-generational accounts of justice. It also ameliorates the oppression and domination of women by unjust social structures in alignment with the human rights-based approach.

Islandness in human rights, human rights in islandness: Missing voices

Island Studies literature has rarely engaged with human rights law to scrutinise how the development of human rights standards and/or their (in)efficient implementation on islands contour the lives of islanders and islandness itself. Along similar lines, human rights research and practice do not systematically take into account islandness and Island Studies research. The present article explores the mutual reticence between human rights law and Island Studies, suggesting, though, that both fields can offer each other important opportunities for development. It advocates, in particular, that it is high time for a cohesive human rights and islands approach which is based on the human rights-based approach of islandness and the islandness-based approach in human rights. A potential cross-fertilisation between human rights law and Island Studies can be very promising not only for the advancement of the respective fields from a scholarly point of view, but also for a more efficient understanding of islandness and protection of human rights in practice.

Final Report of the ILA Committee on Participation in Global Cultural Heritage Governance

AbstractInternational cultural heritage regimes such as the World Heritage Convention have faced increasing scrutiny with regard to the impact of heritage governance on local communities. An oft-posited solution to this problem is to increase the possibilities for these communities to participate in decisions that will potentially affect the heritage they live in, with, or around. For international lawyers, this discussion is usually framed through the lens of the right to take part in cultural life guaranteed by human rights law. This case note reflects on the Final Report of the International Law Association’s Committee on Participation in Global Cultural Heritage Governance, which analyzes the current state of the law on these issues and formulates several proposals for its future development. The case note underlines the potentialities of human rights-based approaches to heritage management and the importance of adopting a cross-sectoral approach to participation in international governance.

Transgender Sexual Health and Rights: Moving the Discussion towards a Human Rights-Based Approach

トランス当事者の医療ニーズをきっかけにして，1990年代半ば以降にさまざまな支援システムが「医学モデル」で構築されてきた日本は，世界でも稀にみる「性同一性障害大国」である．しかし，WHOの「国際疾病分類」（ICD）が約30年ぶりに大改訂され，最新版であるICD-11においてはトランスであるということが正式に非病理化され，トランス当事者の医療ニーズは「性の健康に関連する状態」という枠組みで対応していくことになった．このことは，日本で唯一のLGBT法ともいえる「性同一性障害者の性別の取扱いの特例に関する法律」のありようにも影響を与える．同法律については「手術要件」の撤廃などをめぐり，国連の改善勧告を受けているところでもある．非病理化と人権モデルの導入は世界的潮流である．トランスジェンダーやジェンダーの多様な人々の人権保障に向けて，国内での議論および対応・対策にも「人権基盤型アプローチ」の起動が求められる．

Amazonian visions of Visión Amazonía: Indigenous Peoples' perspectives on a forest conservation and climate programme in the Colombian Amazon

AbstractAlthough Indigenous Peoples' rights to own, control and manage their lands and territories are well established under international law, Indigenous Peoples affected by forest conservation and climate protection programmes continue to denounce interventions that fail to uphold their rights. This article focuses on the internationally funded Visión Amazonía REDD Early Movers programme in the Colombian Amazon. Drawing on observations and critiques by Indigenous rightsholders in the Middle Caquetá River and human rights insights from a legal complaint raised by one Indigenous community against the programme, we demonstrate the programme's inadequate protection of collective rights, especially relating to the fundamental right to free, prior and informed consent and the resulting inequitable benefit sharing. We focus on conflicting views between Indigenous and non-Indigenous actors over the definition of direct effects on Indigenous Peoples (which triggers the requirement for prior consultation and consent), the basis for inclusion of Indigenous Peoples as programme beneficiaries, and the role accorded to Indigenous science in such programmes. Notions of permission and consent in the customary law and economic practices of the concerned Indigenous Peoples are central to the conviviality and reproduction of human and non-human societies within their territories. To ensure more accountable and sustainable international environmental finance and conservation interventions, and to ensure respect for Indigenous Peoples' self-determination and territorial and cultural rights, we recommend that these initiatives adopt human rights-based, pluri-legal and intercultural approaches centring on the right to free, prior and informed consent as a structuring principle. Additionally, we call for more robust measures in forest and climate protection programmes, to recognize and respect customary law, collective property, traditional livelihoods and Indigenous science.

Why human rights matter for marine conservation

Human rights matter for marine conservation because people and nature are inextricably linked. A thriving planet cannot be one that contains widespread human suffering or stifles human potential; and a thriving humanity cannot exist on a dying planet. While the field of marine conservation is increasingly considering human well-being, it retains a legacy in some places of protectionism, colonialism, and fortress conservation. Here, we i) provide an overview of human rights principles and how they relate to marine conservation, ii) document cases where tensions have occurred between marine conservation goals and human rights, iii) review the legal and ethical obligations, and practical benefits, for marine conservation to support human rights, and iv) provide practical guidance on integrating human rights principles into marine conservation. We argue that adopting a human rights-based approach to marine conservation, that is integrating equity as a rights-based condition rather than a charitable principle, will not only help meet legal and ethical obligations to respect, protect, and fulfil human rights, but will also result in greater and more enduring conservation impact.

Is a right to health a means to protect public health? South Africa as a model for a communitarian interpretation of the right to health for the promotion of public health

ABSTRACT The right to health has primarily been developed and understood as an individualistic right and framed in terms of healthcare services. Public health and disease prevention have become increasingly important, particularly with the increasing occurrence of novel pandemics. The ability of the traditional framing of the right to health is less helpful in contexts where one seeks to apply a human rights-based approach to public health interventions. Though it has been posited that this may be remedied through the introduction of a collective right to public health, the South African experience illustrates the potential of the existing right to health to support public health efforts. Drawing on the African concept of ‘ubuntu’, one can adopt a communitarian approach to the right to health to enforce and protect the right, even where identifying discrete rights-holders and beneficiaries is challenging. This paper further argues that this communitarian approach to the right to health can ameliorate some difficulties experienced with judicialisation of health in other jurisdictions. The South African experience of judicial enforcement of the right to healthcare is used to illustrate the potential value of utilising a communitarian approach to the development of the right to health to include public health.

Rights in the collaboration between the World Bank and the United Nations in the areas of investment in agriculture, rural development and food systems

ABSTRACT International organisations have increasingly developed interest in the human rights dimensions of their development work. Some organisations have relatively more advanced engagement in rights issues, while others have considered human rights to be irrelevant to their mandate. Inter-organisational collaboration in common areas of work presents a peculiar site of human rights mainstreaming. The Food and Agriculture Organisation (FAO) of the United Nations and the World Bank have collaborated in investment in agriculture and related sectors for over half a century, in thousands of projects in hundreds of countries. Separately, the two organisations lie more or less on opposite ends of the spectrum of human rights integration in development work. They both have environmental and social policies, but with significantly differing attention to rights. Their collaborative engagement presents an interesting example of how human rights mainstreaming can be better articulated and implemented. A cursory look at the collaboration shows that the source of project funding, incentive and administrative structures and the knowledge and perceptions of technical staff add to the absence of clear rules on whose policies apply in what context, resulting in inconsistent practices that underserve the benefits of a human rights-based approach to investment in agriculture and related sectors.

All Beginnings Are Difficult: The Guiding Principles on Extreme Poverty and Human Rights a Decade After Their Adoption

Abstract In September 2022, 10 years had passed since the Guiding Principles on Extreme Poverty and Human Rights were adopted by the Human Rights Council. The Guiding Principles, as a soft law human rights instrument, were designed to be a useful tool for states in the formulation and implementation of poverty reduction and eradication policies. In this piece, I examine to what extent this objective has been met. Based on empirical research involving states’ representatives and civil society organizations, and analysis of the documents produced by United Nations bodies that played a key role in developing a human rights-based approach to poverty, I argue that this objective has been met only to a limited extent.

Mitigating the impacts of racism on Indigenous wellbeing through human rights, legislative and health policy reform.

Mitigating the impacts of racism on Indigenous wellbeing through human rights, legislative and health policy reform.

Human Rights In Childbearing 7. The Role of (Mid)Wife: The Challenges of Positive Birth Experience During Vbac

Vaginal birth after c-section (VBAC) can be physically and mentally challenging. This paper intends to highlight the importance of humanistic care and human rights-based approaches when women are preparing for VBAC. The discussion stems from the personal experience of the primary author and aims to add to the debate, especially from the perspective of women with lived experience of VBAC.

UPAYA PENYELESAIAN SENGKETA BARANG MILIK NEGARA BERUPA ASET TANAH PASCA GEMPA LOMBOK 2018 MELALUI PENDEKATAN PERSUASIF BERBASIS HAK ASASI MANUSIA [THE EFFORTS TO SETTLEMENT OF STATE-OWNED PROPERTY IN THE FORM OF LAND ASSETS POST THE 2018 LOMBOK EARTHQUAKE THROUGH A PERSUASIVE-BASED HUMAN RIGHTS APPROACH

The 2018 Lombok earthquake caused great damage and loss to the community and the government, one of which occurred in Dusun Lias, Desa Genggelang, Kecamatan Gangga, Kabupaten Lombok Utara where there was a dispute over state property in the form of land assets. This study aims to explore the root causes of disputes over state property in the form of land assets and describe the steps for resolving state property disputes through a human rights-based persuasive approach. The research method used is a qualitative research method with a descriptive approach, meanwhile, data collection techniques are carried out through interviews, observation, and documentation. The results of the study show that the root cause of disputes over state property in the form of land assets originates from the occupation by the local community and the 2018 Lombok Earthquake damaged their homes and then BNPB provided assistance with Earthquake Resistant Houses but the land used was not legally owned. Meanwhile, the dispute resolution steps are carried out through mediation techniques with a persuasive approach while still prioritizing the fulfillment of human rights.

On Multiple Objects and Ontic Fixes: Human Rights and the ‘Forgotten’ Politics of the United Nations’ Human Rights-Based Approach

At the United Nations (UN), the early years of the post-Cold War era were marked by a historically novel sense of urgency to render governing practices in development cooperation and humanitarian affairs more ‘human’, ‘people-’ and ‘rights’-centred. Since then, the UN ‘Human Rights-Based Approach’ (HRBA) has become widely accepted as an authoritative methodology for grasping the practical implications of rights language. This paper examines the politics of the HRBA by exploring how it ‘fixes’ the multifaceted, normatively charged and elusive object of ‘human rights’ and renders it actionable for UN agencies. It contributes to recent theorizing on knowledge in IR and ties in with critical human rights scholarship by developing a post-foundational reading of human rights and the HRBA that frontloads constitutive power and politicizes ontology. Through an in-depth reconstruction of UN knowledge production on the HRBA, I find that it excludes concerns with international power relations and depoliticizes inequality through a narrow focus on lacking subject capacities. Moreover, I illustrate that the HRBA operates according to dichotomous spatial metaphors and implicit hierarchies that locate UN agencies ‘above’ the subjects and settings they interact with, both normatively and epistemically. The paper contributes to the critical study of human rights by excavating the ambiguous power effects at work in rights-based UN methodologies. Objets multiples et solutions ontiques : les droits de l’homme et les politiques « oubliées » de l’approche fondée sur les droits de l’homme des Nation unies

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