Commissioner For Human Rights Research Articles

Social Inclusion and Justice for the Internally Displaced by the Herdsmen-Farmers Conflict in Benue State, Nigeria

Executive Summary Herdsmen-farmers conflict has displaced 1.5 million residents of Benue State, Nigeria, according to government officials. Internally displaced persons (IDPs) have lost livelihoods, farms, personal property and community infrastructure. The paper highlights the social challenges they have experienced and the response by government and international humanitarian agencies (IHAs) to their situations. Based on interviews with 12 IDPs belonging to the displaced population from Guma Local Government Area of Benue State and interviews with seven humanitarian workers, the paper finds that the IDPs: • Have lost family members, neighbors, farms, churches, health centers, and means of mobility. • Cannot safely return home or access their ancestral lands. • Cannot support themselves. • Cannot attend public school or progress to a university. • Lack access to quality health care. • Live with multiple families in insecure shelters. • Cannot reliably obtain birth registration and replace other destroyed documents. • Can register their names, family relations, and former villages, but not their losses, which might lead to compensation and help them to rebuild their lives. The paper makes the following recommendations. • Registration, Effective Remedies and Access to Justice: The Benue State Emergency Management Agency (BSEMA), Federal Ministry of Humanitarian Affairs (FMHA) and United Nations High Commission for Refugees (UNHCR) should document personal and community socio-economic losses to ascertain the extent of damage to IDPs in order to facilitate effective remedies. The Ministries of Justice, the National Human Rights Commission, and UNHCR should support the IDPs by providing them with information and procedures that allow them to secure full compensation for their losses, and with safe, permanent solutions to their situations, including full integration into their host communities, safe and voluntary return home, or resettlement in a third community. • Engage IDPs as Stakeholders: The Benue State Government should ensure that BSEMA communicates to IDPs the possibilities for voluntary and dignified safe return. If return is not immediately foreseeable, BSEMA should offer IDPs the means to relocate and resettle elsewhere. • Provision of Sustainable Social Amenities: BSEMA, the FMHA, and international humanitarian agencies (IHAs) should provide sustainable healthcare, shelter, education in IDP camps, financial assistance and the means to access services outside of IDP camps. • Peace through Establishment of Ranches: Benue State Government’s Peace Commission should resolve the herdsmen-farmer conflict and restore peace by promoting peaceful co-existence between the conflicting parties. Herdsmen should be educated on the procedures for legal land acquisition for ranching, and farmers should be able to seek legal redress when their farms are damaged by grazing cattle. BSEMA and the Federal Ministry of Humanitarian Affairs should also facilitate voluntary, safe and dignified return of IDPs or their resettlement in another community. • Safeguard IDP Camps: BSEMA and the Nigeria security agencies should safeguard official and unofficial IDP camps. • Inclusive Policy Implementation: The FMHA in collaboration with the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) should develop humanitarian response plans that are beneficial to all IDPs in Nigeria irrespective of the cause of their displacement.

Human Rights and Transitional Justice in the Maldives: Closing the Door, Once and For All?

AbstractIn 2020, the Maldives instituted a transitional justice process to address decades of systematic human rights abuses including the widespread use of arbitrary arrest and detention, torture, and the forced depopulation of entire island communities. While the country’s decision to confront its violent past is not unusual, the institution it has established to undertake that task is. Rather than institute a truth and reconciliation commission (TRC), refer cases to its Human Rights Commission, or undertake criminal trials in its domestic judicial system, the Maldives has taken the unprecedented step of establishing a temporary Ombudsperson’s Office for Transitional Justice (OTJ). Comparing the OTJ to national human rights institutions and TRCs, this article examines how and why the Maldives’ transitional justice process has taken this unusual form. It suggests that the OTJ represents a new attempt to address the full range of human rights abuses, including violations of social and economic rights, perpetrated by repressive regimes.

Possible beings: Deaf children and linguistic justice

ABSTRACT This paper discusses the case of Carter Churchill v. Newfoundland and Labrador English School District and analyses legal documents as they illuminate current understanding of linguistic justice and relational ethics. This case is a test case for the standard of education provided to deaf learners in Canada who benefit from sign language. Linguistic justice considers language issues as they are relevant to social justice. The paper first discusses the linguistic justice framework in relation to deaf children’s right to sign language, then analyses legal documents from the case for what they reveal about patterns of inaction on the part of senior educational administrators and deficiency views of American Sign Language (ASL) that are pervasive in Canadian early intervention and education systems for deaf children. While the 2023 Human Rights Commission of Newfoundland and Labrador’s Board of Inquiry decision found the school district failed to provide reasonable accommodation and discriminated against Carter during the first four years of his education, this decision and related events stop short of ordering linguistic justice for deaf children in the form of sign language policy and planning that fulfils a society’s ethical responsibilities to deaf people.

Prevención en el neonato de enfermedades que cursan con daño cerebral irreversible, derecho humano

Since the 1960s, my scientific activity has focused on the diagnosis and treatment of metabolic diseases, rare pathologies which, in some cases, cause irreversible brain damage. “Irreversible” is the word that should trigger all preventive efforts and ensure widespread screening. Its prevention implies early diagnosis and treatment. The fundamental objective was to detect avoidable hereditary diseases in newborns, which generally lead to irreversible mental retardation. In a short time, accompanied by the “luck of the bold”, we detected a first case of phenylketonuria and the pilot plan was set up, which led to its successive implementation throughout Spain and participation in specialised international meetings was initiated, as well as biochemical and genetic research, to contribute to scientific knowledge of such an important aspect of preventive medicine. As with any social, environmental or clinical phenomenon, it is necessary to apply treatment in time before the alteration that is to be avoided occurs, particularly when irreversible situations are involved. On several occasions I have referred to the need to act in a timely manner in order to stop the process at stages prior to the point of no return (ethics of time). Every day I feel more and more strongly, and I try to express it in this way, that the search for, dissemination and application of knowledge is the most beautiful task offered to man’s terrible perplexity, astonishment, doubt and fear. I remember that a few months after finishing my degree in Pharmacy, when I was starting to work in Prof. Santos Ruiz’s laboratory, I visited an institution for the mentally handicapped. There, on that day, many things in my life took root. Other things were erased by the force of that memory. And the feeling that it is necessary to contribute to alleviating and making the life of man, the only being aware of the great gift of life, more bearable, became more intense and urgent. In 2023, on the 75th anniversary of the Universal Declaration of Human Rights, I proposed to the United Nations, through its High Commissioner for Human Rights, Mr. Volker Turk, the recognition as a human right of the prevention of diseases that cause irreversible neurological damage and requested their help in the processing of this new human right. We then asked all governments, institutions and scientific societies to support the proposal to declare as a human right the prevention through neonatal screening of pathologies in which irreversible damage can be avoided through early treatment. It is now necessary to promote a conscious citizenship that is not a spectator of what is happening, but an actor for the progressive and urgent elimination of risks that affect humanity without further remedy. At last, human beings are gradually recognising that they are equal in dignity and can express themselves freely. Now we can. Now we must. The creative capacity that distinguishes the human species encourages us and gives us hope.

The European Court of Human Rights and the Human Rights Committee: Two Actors with a Common Mission

The European Court of Human Rights and the Human Rights Committee: Two Actors with a Common Mission

“Prison Life Can Make You Go Crazy”: Insights Into the Situation for People With a Mental Illness in the Malawi Prison System

Little is known with regard to due process and forensic assessment capacities in Africa, where over one million are deprived of their liberty on any given day. A rapid situation assessment explored multi-stakeholder perspectives regarding the situation of people with a mental illness in the Malawi prison system. In-depth interviews were conducted with 10 regional professional stakeholders, 18 former prisoners, and five prison staff from two maximum-security prisons. Reflexive thematic analysis yielded five themes; occurrence of mental illness among people living in prison; prison environment exacerbating harm and levels of mental illness; security responses to the presence of psychiatric disorders; availability and coverage of specialist psychiatric and psychological care; and diversion, other non-custodial measures and continuity of care on release. Narratives highlight the substantial causal impact of the prison environment in amplifying existing and new mental illness, vulnerability and exploitation of people with a mental disorder. Malawi prisons are hampered by lack of specialist forensic capacity nationally; centralized mental health surveillance system; and insufficient skilled staff to conduct evidence-based screening and care. Security operations implement the use of pharmacological and physical restraint measures at times. Faith-based organizations play an important role in providing psychological and spiritual support. Release and reintegration require family involvement. A cross departmental intersectoral partnership response spanning government ministries, key civil society organizations, the Malawi Prison Inspectorate and Malawi Human Rights Commission is warranted. Recommendations include alleviation of prison congestion, prison staff capacity building and investment in forensic mental health services with adequate geographic coverage.

IMPLEMENTATION OF THE TASKS OF THE OMBUDSMAN AS PART OF THE INDEPENDENT BODY MONITORING INAPPROPRIATE POLICE ACTIONS

Police services and special services in a democratic state are geared toward providing the state and its citizens with security, i.e. protection against internal and external threats. However, one cannot forget that police activities, in their essence, significantly interfere with fundamental freedoms and human rights. The establishment of the civilian oversight is often a difficult process, with necessary factors such as political support, police cooperation, activist support, resources, management and leadership and public attitudes. The supervision of the police activities in the external system remains largely in Poland within the competence of the Commissioner for Human Rights. Commissioner for Human Rights is the constitutional authority for the legal control and protection, who safeguards human and civic freedoms and rights specified in the Constitution and other legal acts. In his/her activities, the Commissioner is integral and independent from other state authorities. The aim of this paper is to outline the general oversight of police mechanism, made by the Commissioner of Human Rights. The paper presents the reasons for the independent investigation of police complaints and for restoring confidence in the complaints system and in police. For this paper, the term oversight of police will be associated with the institutions outside the Police, which have power to control the way police departments handle complaints about the disputed police conduct.

제4차 국가인권정책기본계획 수립을 위한 검토

It has been more than a year since the end of the 3rd National Action Plan for the Promotion and Protection of Human Rights (NAP), which had its five-year implementation period from 2018 to 2022, but the 4th NAP has not yet been established. Originally, the 4th NAP should have been established as a five-year plan from 2023 to 2027, but since it is already 2024, it should be established as a five-year plan from 2024 to 2028. The NAP, which was initially established in 2007, had a one-year gap in 2016 when the 2nd NAP was ended, but at that time, there were special circumstances in which the presidential election was held due to the impeachment of the president of Park Geun Hye. And it is very unusual that the establishment of the government’s basic policy plan has been delayed for more than a year without such special circumstances.
 In July 2022, the National Human Rights Commission of Korea (NHRCK) has already adopted the recommended draft for the 4th NAP and recommended the President to establish the 4th NAP. Of course, the Ministry of Justice, which is in charge of establishing the NAP within the government, was not just sitting idle. The evaluation of implementation the 3rd NAP had been conducted through external research services from April to August 2022, and a public hearing was held in August 2023 to listen to the opinions of experts in related human rights fields while presenting the draft of the 4th NAP. However, since this public hearing, the establishment process of the 4th NAP has been continuously delayed for nearly seven months.
 I hope that the 4th NAP, which is a government’s blueprint for human rights policy of the Republic of Korea over the next five years, will be established without further delay, and I will examine the composition and individual tasks of the 4th NAP, focusing on the tasks for the civil and political rights.

소년예고범죄 예방을 위한 형사정책적 개선방안에 관한 연구

According to a media article, the Ministry of Justice announced a “comprehensive countermeasure against juvenile crimes” in October last year and announced legislation to revise the Juvenile Act to lower the age limit for young people from the current age of 14 to the age of 13. Since then, the National Assembly has also issued a series of bills, including criminal penalties for violent crimes. However, amendments to the Juvenile Act have been pending in the National Assembly for nearly a year. This is in conflict with the opposition that it violates the human rights of juvenile offenders and that it is difficult to expect the effect of preventing crime. In October last year, the National Human Rights Commission of Korea expressed opposition, saying that the lowering of the age of young people is contrary to the perspective of returning and recovering boys required by the UN (United Nations) international human rights standards and is not desirable as an alternative to crime prevention and recidivism. In response, the Ministry of Justice said, “Even if the age standard for juvenile is lowered, minor juvenile crimes will be sent to the juvenile department as they are now,” and explained, “Even if it is actually legislated, only violent crimes such as rape and robbery will be punished,” but it has not even been discussed. Some say that the degree of development of teenagers has increased compared to the past due to access to media, and that discussions on countermeasures should be made quickly. As we saw earlier, many of the posts were confirmed to be the work of teenagers, and the desire to be recognized as heroes within a group that mainly feels friendly as an online meme seeking stimulation and fun and a trend was revealed. This is very similar to terrorism in that socially isolated criminals carry out indiscriminate attacks against an unspecified number of people as an expression of anger toward others. Recently, the Ministry of Justice, the Ministry of Health and Welfare, and the National Police Agency held a meeting of related organizations to strengthen the response to the crime of abnormal motives (aka 'don't ask'). The meeting was prepared to discover additional measures and seek ways to strengthen cooperation with related ministries, recognizing that the public's anxiety is high due to a series of abnormal motive crimes such as the recent deadly weapon rampage, and to share measures to respond to abnormal motive crimes by each ministry, gather opinions on ways to cooperate and support the Ministry of Public Administration and Security, and discuss issues such as expanding crime prevention infrastructure such as security cameras (CCTV), expanding joint response models for mentally ill people, and supporting autonomous crime prevention activities. Boys' pre-announcement crimes are not yesterday or today because they have caused difficulties in their work in the past due to indiscriminate prank calls by investigative agencies. However, it seems that crime of don't ask and crime of abnormal motivation, which is not just a prank phone call, should no longer be ignored in our society.

안면인식기술과 개인정보보호

Face recognition technology is a method that utilizes thermal infrared photography, three-dimensional measurement, and skeletal analysis to scan, store, and recognize facial shapes or thermal images. It verifies identity by comparing facial images captured by cameras with those in a stored photo database. This technology is extensively applied in various sectors, such as identity verification and access control, due to its high accuracy and quick identification capabilities. The advancement of facial recognition technology, coupled with CCTV, the Internet of Things (IoT), and widespread network connections, is materializing dystopian fears concerning omnipresent surveillance and the ensuing erosion of privacy. Additionally, biased facial recognition technology may serve as a tool for discrimination, infringing upon the rights and freedoms of minorities and other marginalized groups. In 2023, the National Human Rights Commission of The Republic of Korea issued a statement regarding human rights violations facilitated by facial recognition technology and urged the Speaker of the National Assembly and the Prime Minister to actively respond. The statement highlighted that direct observation of individuals' faces in public spaces by the state could limit citizens' freedom of movement and lead to unwarranted surveillance. Given the unique nature of biometric information, such as facial recognition technology, the repercussions of data breaches and misuse are more severe compared to other types of personal information. Specifically, real-time facial recognition technology that targets an unspecified number of individuals in public spaces without their consent may infringe upon the right to privacy and informational self-determination, as well as other fundamental rights including privacy, freedom of assembly, and freedom of association. Furthermore, real-time facial recognition security systems pose challenges in terms of privacy protection and invasion. Hence, the security of collected facial data, defenses against hacking threats, and the secure management of facial databases require thorough examination. This study explores the legal framework and international legislative trends related to biometric information, including facial recognition technology, to identify measures for protecting personal information and ensuring the safe use of this technology.

THE RIGHT TO FAMILY LIFE IN THE CONTEXT OF INTERNATIONAL MIGRATION

In the modern world, migration is becoming an increasingly relevant and important topic affecting various spheres of social life. The movement of people across borders of states has global implications, including economic, social, and cultural aspects. Families crossing borders in search of a better life or as a result of actions of state structures often face various legal and practical challenges, including issues of reunification, protection of children's rights and preservation of family unity. The article explores the right to family life in the context of international migration, considering international law. The aim of the article is to identify the significance of international experience for the formation of Kazakhstan's migration policy. The article analyzes the decisions of the European Court of Human Rights (ECHR) and the UN Human Rights Committee. The cases when immigrants appealed for protection of their rights to family life and family reunification before the mentioned bodies are considered, as well as the issues of importance of family relations for immigrants and their rights to family reunification when crossing borders. In addition, family-related terminology such as "family relations", "family reunification" and "family unity" is analyzed. International standards and recommendations are analyzed. The study offers a comprehensive overview of key aspects related to the right to family life in the context of international migration. The conclusion emphasizes the importance of taking into account international experiences and normative instruments when developing legislation and practices on migration and family relations in the country.

Catching Up: The European Court of Human Rights Approximates its Approach to Extraterritorial Jurisdiction Over Digital Surveillance to That of the Human Rights Committee

Catching Up: The European Court of Human Rights Approximates its Approach to Extraterritorial Jurisdiction Over Digital Surveillance to That of the Human Rights Committee

Общественная палата Мурманской области и Уполномоченный по правам человека в Мурманской области: особенности и направления взаимодействия

The successful development of civil society in the Murmansk region is a deep, multilateral process, which also largely depends on the effective interaction of society and the state. It is the Public Chamber of the Murmansk Region that is becoming a consolidating center today, coordinating the interaction of public authorities and civil society institutions, ensuring the participation of citizens and public associations in solving topical issues of social and economic development of the region. 
 Interaction with civil society institutions plays an important role in the work of the Public Chamber of the Murmansk Region, where the institution of the Commissioner for Human Rights in the Murmansk Region plays a key role.

JUDICIAL ANALYSIS OF PROVIDING LEGAL ASSISTANCE TO THE POOR IN REALIZING ACCESS TO JUSTICE

This study focuses on the implementation of free legal services for individuals by the Legal Aid Office (LBS) and the Ministry of Justice, in accordance with Law No. 16 of 2011 on Legal Aid. According to Article 1 paragraph 3 of the Law, the Legal Aid Office is a legal entity or a community organization that provides legal services. The aim of this study is to understand the function and role of the Human Rights Commission as law enforcement officers and to comprehend issues related to the implementation of legal services. The research method employed in this study is normative legal research, utilizing primary and secondary legal sources. Material analysis in this research involves committee work that systematically categorizes legal materials to facilitate the analysis of the research work. The study reveals that the primary authority for legal services lies with LBS/Orkemas, which is authorized to verify and accredit the Human Rights Commission as a legal service provider. Furthermore, the study emphasizes the importance of understanding the function and role of the Human Rights Commission as law enforcement officers and underscores their crucial involvement in the implementation of legal services. The research also highlights that the main authority for legal services is vested in LBS/Orkemas, which has been verified and accredited by the Human Rights Commission as a legal service provider.

Some issues of the status and functioning of the United Nations human rights monitoring mission in Ukraine

Today, the United Nations plays a leading role in the development of international law and cooperation among the world's states. Member states have pledged to realize their rights and fulfill their obligations under the UN Charter. The main objectives of the UN are envisaged in Article 1 of the Charter, where the key provision relating to human rights is reflected in paragraph 3 of Article 1. According to it, the UN aims to achieve international cooperation in solving international problems of an economic, social, cultural and humanitarian character and in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction of race, sex, language or religion [1]. As it can be seen, the Charter only calls on states parties to promote the protection of human rights, without establishing clear obligations to protect and guarantee them.
 Since 2014, i.e. since Russia launched its war against Ukraine, the aggressor has not stopped committing crimes against our country and our people. Russia's actions encroach not only on the sovereignty of our state, but also on human rights and freedoms. Under such circumstances, the international community cannot stand aside from these events. Many international human rights organizations have offices in Ukraine. Among them is the UN. On 31.07.2014, the Government of Ukraine and the Office of the United Nations High Commissioner for Human Rights signed an agreement on the deployment of a short-term UN human rights monitoring mission in Ukraine.
 The legal status of UN monitoring missions in legal science has not been the subject of a separate study. Certain aspects of the activities and competence of such missions have been considered in the works of such scholars as I.A. Shumilo [14], F. Megre [13], K. Boyle [12] and others, which are devoted to the coverage of international mechanisms for the protection of human rights and freedoms, the status of the UN General Assembly and the UN Human Rights Council. Therefore, the task set out in this article is to analyze and establish the specifics of the legal status of the UN Human Rights Monitoring Mission (hereinafter - the Mission), in particular, the one established for Ukraine, and the limits of the Mission's powers under the UN Charter, UN General Assembly resolutions, and international agreements between UN agencies and Ukraine. Therefore, the relevance of this article is beyond doubt. It has been established that the purpose of the Mission is to facilitate cooperation between the Government of Ukraine and the Office of the United Nations High Commissioner for Human Rights (hereinafter - OHCHR)[2] and it plays the role of a subsidiary mechanism for the protection of human rights and freedoms within the UN. The conclusions of the mission will undoubtedly serve as a convincing additional evidence base for Ukraine in international judicial and other bodies in protecting its interests and establishing the guilt of the Russian Federation for actions committed against our country.

Case of Digna Ochoa & Family Members v. Mex. (Inter-Am. Ct. H.R.)

This case addressed irregularities in the investigation of the death of Digna Ochoa y Plácido on October 19, 2001. The petition alleged that her death occurred in the context of harassment and attacks against human rights defenders in Mexico. The Inter-American Commission of Human Rights (the Commission) found that the state was responsible for violations of rights related to judicial protection and judicial guarantees under Articles 8(1) and 25 and personal integrity under Article 5 of the American Convention on Human Rights (ACHR).

Recognising Religious Groups as Litigants: An International Law Perspective

The Australian Human Rights Commission has claimed that recognising religious corporations as litigants in religious discrimination claims departs from international human rights law, which only protects the rights of natural legal persons. In this article we respond to that claim by arguing that under international law, Australia should protect the ability of religious groups to be litigants, including corporations. The International Covenant on Civil and Political Rights requires Australia to respect and ensure individuals have the right to manifest their beliefs in community with others, and that such communities are protected against discrimination on religious grounds. This requirement entails granting religious groups the ability to pursue legal measures to preserve the enjoyment of these rights by their members.

Realizacja prawa do prywatności w rozumieniu poszanowania życia rodzinnego i wykonywania opieki rodzicielskiej w warunkach ubóstwa. Uwagi na gruncie wybranych norm prawa międzynarodowego publicznego i Europejskiej konwencji praw człowieka

Interference in family life is a particular form of threat to poor families, especially when the only impetus for state action in the form of an interference in the right to privacy is the poor material situation of the family. The article reflects on the possible threats to the realisation of family life within the framework of the right to privacy established under public international law, in particular the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child and the European Convention on Human Rights (ECHR). In the view of the Human Rights Committee, the family should be oriented towards enabling the child to remain in the care of his or her parents or to return to their care or to other family members. The Committee on the Rights of the Child points out that the implementation of the right to privacy prohibits the recognition of material poverty as a basis and justification for taking a child out of parental care and into foster care. The European Court of Human Rights case law presented in the article confirms that children from poor families are at risk of being taken away from their parents and placed in foster care due to the financial status of the family, which may constitute a violation of the Article 8 of the ECHR. The fact that state authorities wrongly equate the lack of sufficient resources to support the family with child neglect poses a threat to the family life of poor individuals. Victims of violations of family bonds through harm to the private lives of family members should be protected under the human rights system. The following analysis makes it possible to identify the relevant problems from the point of view of the impoverished person or/and family, such as the questioning of parental capacity as a consequence of the erroneous equation of poverty with child neglect, or the withdrawal of the right to material assistance, all of which affect the realisation of family life, and further enables the identification of legal remedies for protection.

International standards of serving imprisonment for mentally ill prisoners and Polish realities

The aim of this article is to analyze soft law international standards regarding serving imprisonment by mentally ill prisoners and to verify the extent to which these standards have been implemented in Poland. The first part of the work discusses the recommendations developed by the United Nations, i.e. the Mandela Rules and Resolution A/RES/46/119: The protection of persons with mental illness and the improvement of mental health care. Then, the recommendations of the Council of Europe were analyzed, i.e. the European Prison Rules and Recommendation No. R (98) 7 of the Committee of Ministers to member states concerning the ethical and organizational aspects of health care in prison. The second part of the work discusses the situation of mentally ill prisoners serving sentences in Polish penitentiary units based on information made available to the public by the Commissioner for Human Rights. The last part of the work consists of the author’s own conclusions and an assessment of the solutions to the changes proposed by the Commissioner for Human Rights.

Judicial Convergence and Fragmentation in International Human Rights Law: the Regional Systems and the United Nations Human Rights Committee

Judicial Convergence and Fragmentation in International Human Rights Law: the Regional Systems and the United Nations Human Rights Committee