International Human Rights Research Articles

Problematic aspects of the doctor-patient relationship in international human rights law

Numerous precepts of international law can and must be taken into consideration even before domestic rules when seeking solutions to the many problematic legal cases that arise in the professional doctor-patient relationship. In fact, international law also constitutes in this matter a complex of provisions that are often more articulated than state regulations, and therefore can well serve as a priority source of positive regulations or exegetical indications. Moreover, it ensures identical rules for identical cases, provided that the State has provided for the adaptation of its own legal system.

The IAPM New York 2024 declaration on professional responsibility and abortion.

The International Academy of Perinatal Medicine (IAPM) firmly supports abortion as a fundamental reproductive right, as declared at their annual meeting on June 28, 2024, in New York City. This stance, grounded in professional responsibility, respects both autonomy and beneficence-based obligations to pregnant patients and fetal patients. TheIAPM asserts that access to safe, legal abortion services is essential for gender equality, public health, and social justice. Their declaration aligns with international human rights standards, advocating for abortion legalization up tofetal viability and beyond in cases of maternal health risks or severe fetal anomalies. This comprehensive approach underscores the critical role of healthcare professionals inproviding compassionate reproductive healthcare, aiming to reduce maternal mortality and improve public health outcomes globally.

The role of international law in promoting and enforcing the rights of persons with disabilities

ABSTRACT International human rights apply to all persons. These are not only meant to protect all humans from discrimination, and inhuman, degrading, and cruel treatment, but also enforce humans’ civil, political, social, economic, and cultural rights. This study aims to focus on the role of international law in protecting the rights of persons with disabilities and unfolding their rights. The study found that international law has some transparent and clear standards for protecting the rights of people with disabilities compared to other people. However, the challenges are related to the enforcement of these standards and the enactment of treaties, binding to all the member states without interfering with their sovereignty. The study recommends that the international legal system should first be able to make sure that the language of rights is comprehendible for all the state parties and that they are properly briefed about the required change through change in the legal regime. Because, member states are not inclined to give up their norms, culture, and beliefs. This transformation will be achieved by first creating understanding and then implementing it.

Про сутність поняття “внутрішньо переміщена особа”

The article describes the essence of the concept of “internally displaced person”. Theoretical and legal approaches to the content of the concept of “internally displaced persons” have been studied. It was established that forced migration plays an important role in the modern worldmigration process of the population of Ukraine. It is argued that for the first time the term “internally displaced person” was used in jurisprudence in the last decade of the 20th century, when the need for an international response to the rather important problem of protecting the rights of displaced persons definitely arose. Statistical data on the number of internally displaced persons in Ukraine are indicated. It is noted that precisely as a result of military aggression by the Russian Federation on the territory of Ukraine, the problem of forced migration and its solution is one of the main ones for the state and society. It is proven that an internally displaced person is a citizen of Ukraine, a foreigner or a stateless person who is in the territory of Ukraine on legal grounds and has the right to permanent residence in Ukraine, who was forced to leave or leave his place of residence as a result or in order to avoid negative consequences. It is indicated that internally displaced persons are under the legal protection of their country in accordance with international human rights legislation. The article indicates the main reasons for forced migration of the population, which encourage citizens to move within the borders of their country. These include, first of all, military conflict, occupation or annexation of territory, cruel treatment, manifestations of violence, genocide of the population, violation of human rights and freedoms, as well as environmental, social, economic, man-made and other causes. It was emphasized that internally displaced persons need to adjust to a new place of residence, which should become safer for them. It has been studied that the protection of internally displaced persons implies an important obligation for the state to create legal, social and economic conditions for the realization of their rights and freedoms, under which it is possible to protect the rights of individuals, as well as the activities of state organizations for the protection of human rights. The article offers the author’s definition of the essence of the concept of “internally displaced person” in Ukraine.

“(…) here I have freedom”—A study of refugees' and asylum seekers' legal consciousness in Greece: Self‐identity, human rights, and expectations from European Union law

AbstractThis paper adds to the existing knowledge on migration and the law by empirically exploring the legal consciousness of 33 refugees and asylum seekers in Greece, more specifically, by discussing how their experiences, self‐identity and expectations of the law inform their reactions to the restrictions imposed upon them. The findings suggest that (1) legal knowledge is acquired in the countries of origin and from contact with smugglers, other migrants, law enforcement agents and staff from NGOs; (2) this knowledge allows them to forge an identity as “rights‐bearers,” which (3) together with perceptions and expectations of human rights law and European Union policies on migration, (4) empower them to claim protection from the Greek state, and (5) legitimizes their actions, even if these sometimes involve subterfuge. Despite their particularly vulnerable positions, refugees and asylum seekers are, therefore, not mere passive receivers of state power, but also try to use the law to overcome adversity, in an almost game‐like fashion.

‘Between the Devil and Deep-Blue Sea’: Comparing the Extraterritorial Application of the ECHR and the ICCPR in the Protection of Migrants at Sea

The concept of jurisdiction is often said to encapsulate the very essence of human rights “qua normative relationship between rights holders and institutions as dutybearers” (Besson, 2012; 860). Twenty-first century human rights jurisprudence has highlighted one of the most contentious issues in relation to jurisdiction: the limits that human rights place on State behaviour outside national territory. In the context of migration, the extraterritorial application of human rights is a particularly critical concern. Loss of life on the high seas, refoulement at sea, and the striking systematic ineptitude of search and rescue operations by European countries have placed the debate on extraterritoriality at the heart of the human rights discourse on migrants and refugees. This Paper will compare and contrast extraterritoriality at the European Court of Human Rights and the Human Rights Committee (HRCttee), in order to put their jurisprudence into perspective and assess the current state of the law. A functional account of jurisdiction will be supported, whereby the State should protect human rights wherever in the world it operates, and whenever it can reasonably do so. Through a comparative analysis, I will argue that the principles of universality and effectiveness render extraterritorial applicability a necessary doctrine in human rights law. By juxtaposing the ECtHR with the HRCttee, I will illustrate the wide acceptance of extraterritoriality in the migration context, highlight the needs for improvement in future jurisprudence, and justify the functional approach to human rights protection that this Paper advocates.

Not just new wine in old bottles: Seeing refugee law and human rights as entangled regimes

Abstract This article re-examines the relationship between international human rights and refugee law as a story of mutual interaction, by harnessing and developing the nascent concept of legal entanglement. While entanglement serves as an alternative starting point to understand how legal regimes mutually affect each other, this new concept still lacks sufficient clarity for making sense of the interfaces and development of international law. This article proposes an analytical framework for international legal theory by outlining a model of the normative, interpretive, and socio-political drivers of entangled regimes. It argues that new norms, interpretations, and socio-political shifts explain the rapprochement and distancing between refugee law and human rights over time. Acknowledging the risk that entanglement framing may become altogether too encompassing, the proposed approach to entangled regimes allows for precision and nuance in the empirical tracing of international law.

The International Legal Framework Governing the Protection of Cultural Heritage

The study delves deeply into the historical contexts of the countries involved, examining how the idea of cultural heritage and its protection under international law has changed through the years and in various social, economic, and political climates. When preserving cultural assets under public international law, we also consider the humanitarian aspect of this phenomenon. The study examines whether people and groups limit a state's power to act beyond limitations imposed by other states and international organizations. This research further examines the role of international human rights laws in this setting, the preservation of the individual's connection to cultural products, and whether or not an individual becomes a significant player in international law. The study's findings provide conclusive evidence of the pivotal catalytic role that UNESCO and similar international organizations play in the worldwide preservation of cultural heritage. UNESCO is the principal venue for monitoring whether or not states are adhering to international protection principles. Whether or not UNESCO can be effective without ratification processes for cultural preservation has to be investigated more deeply. The study's findings indicate that protecting cultural assets involves a wide range of aspects, including the rights and responsibilities of governments and the rights of cultures. In addition, our research suggests that the ever-evolving international legal system can improve its framework, which is relevant to preserving cultural treasures.

Corporations and positive duties to fulfil socio-economic rights: developing international human rights law

ABSTRACT There is much contestation about the nature and scope of corporate human rights obligations under international law. Some maintain that corporations have a basic responsibility to avoid human rights violations in their operations; others argue for a wider scope of accountability, including a more active duty to protect human rights. I argue that corporations should have positive duties under international law to fulfil all human rights, especially socio-economic rights. I ground my argument in the staggering inequality that exists between the wealthiest corporations, on the one hand, and the poorest parts of the global population, on the other. This is entrenched by a perfect storm of global economic inequality, international trade, and transnational corporate power. This creates structural poverty, which enables conglomerates to generate profits that, promises notwithstanding, do not reach people living in indigency. This results in the anomaly whereby indigent communities actually subsidise corporate profits. It is this inequity and concomitant benefit, that justifies the imposition of positive duties on corporations to fulfil socio-economic rights. However, this duty is limited. I identify a series of interlocking factors, the coalescence of which creates a reasonable and justifiable imposition of human rights duties onto corporations.

The Protection of Human Rights in South Africa: Unpacking the Duty of the State to Realise the Right to Development

The 1986 United Nations Declaration on the Right to Development (DRTD) presents a multifaceted framework that blends political aspirations with principles from international human rights treaties. Advocating "people-centered development" places individuals at the forefront, empowering them as principal beneficiaries of development efforts. According to Article 2 of the DRTD, both state and non-state actors are responsible for formulating inclusive national development policies to continually enhance the well-being of the entire populace. This involves ensuring active, accessible, and meaningful participation in development processes and fair distribution of the resulting benefits. South Africa's duty to realise the right to development comes under scrutiny in this context. Despite its obligations under international instruments like the African Charter, challenges persist in effectively implementing developmental advancements. This includes fields critical for sustainable progress, such as renewable energy, biotechnology and information technology. Furthermore, the COVID-19 pandemic has exacerbated existing obstacles, straining resources and threatening to reverse recent developmental gains. Budget constraints, particularly in the research and development sectors, hinder progress towards meeting development objectives. Therefore, while the DRTD and other international instruments emphasise the importance of the right to development, critical debates regarding its scope and implementation persist. Addressing these issues requires a nuanced understanding of development dynamics, balancing global aspirations with practical considerations. It necessitates collaborative efforts to refine and operationalise the right to development, ensuring equitable progress and sustainable development for all.

Consent of the sick ‘who cannot consent’ (elderly and children) in international human rights law

Not available.

Interview with Nils Melzer

Nils Melzer was appointed as the Director of International Law, Policy and Humanitarian Diplomacy of the International Committee of the Red Cross in 2022. He previously served with the ICRC from 1999 until 2011, both as a delegate in operational contexts and as a Legal Adviser in Geneva. He has also been the United Nations Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (2016–22), Senior Security Policy Adviser to the Swiss Ministry of Foreign Affairs (2015–16), and Vice-President of the International Institute of Humanitarian Law in Sanremo (2019–22). An affiliate Professor of International Law at the University of Glasgow, he has also held the Swiss Chairs for Human Rights and for International Humanitarian Law at the Geneva Academy of International Humanitarian Law and Human Rights, and has been a Senior Fellow and Programme Adviser for Emerging Security Challenges at the Geneva Centre for Security Policy, as well as Research Director at the Centre for Business and Human Rights at the University of Zürich.

Employment Legal Protection in Facing Artificial Intelligence Disruption: Efforts to Overcome the Replacement of Human Workers

<p><em>This study aims to analyze employment legal protection in the face of disruption from artificial intelligence (AI) technology that threatens the existence of human labor. The development of AI technology has created new challenges for the world of employment, where many jobs have the potential to be replaced by machines and automated systems. This study uses a normative legal method with a statutory approach to examine existing employment regulations and their relevance in protecting workers' rights in the digital era. The data used consists of legal literature, laws and regulations related to the application of AI in the world of work. The results of the study show that Law Number 13 of 2023 concerning Manpower emerged as a response to the unfavorable situation for workers, with the aim of protecting labor rights and implementing international instruments and human rights declarations. Technological advances, especially automation and artificial intelligence (AI), bring benefits such as efficiency and new opportunities, but also pose challenges such as job loss. To address this, the government needs to strengthen employment legal protection, design policies to support affected workers, and provide skills training and incentives for companies. The Circular of the Ministry of Communication and Information on the ethics of using AI emphasizes inclusivity, humanity, accessibility, and sustainable development, as well as the protection of workers' rights such as the right to work and fair treatment. However, current national regulations do not specifically regulate the use of AI by companies, so new legal arrangements are needed to protect workers' rights and manage the transition due to Termination of Employment</em><em>.</em></p>

The potential of a rights-based approach to refugee-focused mental health policy in Aotearoa New Zealand

ABSTRACT In accordance with international human rights commitments, individuals with a refugee background have the right to mental health services that are available, accessible, acceptable, and of good quality. However, refugee-background individuals living in Aotearoa New Zealand experience a myriad of barriers at the individual, community, and policy level that impede access to appropriate mental health services. This commentary puts forward the argument that the incorporation of a human rights-based approach to mental healthcare service at a policy level is essential for reducing barriers to care and increasing the accessibility of mental health services. The article provides key recommendations for reforming the current New Zealand Refugee Resettlement Strategy (NZRRS) to include rights-based indicators for children and youth, to monitor accessibility relative to geographic location, to disaggregate data, to extend the 12-month monitoring period and to extend monitoring beyond one mental health visit. Further research is needed to understand how best to implement these recommendations and develop insight into how Aotearoa New Zealand can more effectively uphold the rights of refugee-background individuals with the ultimate goal of developing a mental health system that is more inclusive and responsive to their needs.

The Legal and Public Health Implications Of Digital Health Technologies

To reduce the negative effects of digitization, normative advice in international human rights legislation incorporates digital health into ethical and human rights frameworks. The use of digital health technology for universal health coverage (UHC) is acknowledged to have benefits, but its implementation must be based on respect for human rights, equity, and ethics, as well as upholding norms of acceptable quality, safety, and morality. The WHA acknowledged the necessity to use digital health technologies in the wake of the COVID-19 pandemic in 2020, but stressed that in doing so, they must "pay particular attention to digital inclusion, patient empowerment, data privacy and security, legal and ethical issues, and the protection of personal data." This paper's goal is to critically assess the proposed legislative framework and policy that regulate digital health technologies in India, as well as the implementation of digital health.

Universality versus Cultural relativism in International Human Rights: A Case Study of the Anti-Homosexuality Act of Uganda 2023

This research examines the frequent conflict that has emerged between the universal human rights standard and the indigenous cultural practices with special attention paid to the Anti-Homosexuality Act of Uganda of 2023. The Act criminalized same-sex relationships, an act that is in violation of universal human rights principles and showed a probable conflict between international norms and local cultural values. This review unravels how the Anti-Homosexuality Act of Uganda fits with or goes against international human rights commitments and further to determine more general implications of balancing universal principles against cultural relativism. The doctrinal approach adopted in this study includes a review of relevant international treaties, Uganda’s legislation and academic literature. The findings reveal that the Act, to an extent, undermines universal principles of human rights through the violation of rights to privacy, dignity, and equality. Such tug of war will require a lot of inclusive dialogue with the local communities and advocacy for protection of human rights which respects the cultural context. In addition, international organizations should support capacity building and facilitate debates that improve tolerance and respect for human rights. The work will engender a debate in reconciling universal human rights and cultural diversity, as well as emerging lessons for more effective and sensitive strategies in international human rights advocacy. Keywords: Universality, Cultural relativism, Human Rights and Homosexuality

The neglect of protection for undocumented Migrant Workers within the framework of Human Rights Law

The safeguarding of fundamental rights for undocumented migrant workers represents a critical challenge that necessitates immediate attention. This article addresses the oversight within the human rights discourse regarding the fundamental rights of undocumented migrant workers. Through empirical normative research, incorporating a comprehensive review of normative literature, this study critically examines the regulations affecting migrant workers through the lens of human rights. It identifies a significant correlation between the lack of protective guarantees for undocumented migrant workers and the various cases and consequences that ensue. From a human rights perspective, regulations prioritize equality before the law, protection, and anti-discrimination. This stance contrasts with existing laws that govern Indonesian migrant workers, wherein protection is exclusively extended to those legally recognized. Such exclusivity denies undocumented migrant workers the assurance of their fundamental rights. Arguably, the provision of basic rights and protections should be indiscriminately extended to all migrant workers, irrespective of their legal status. While the specifics of migrant worker placement can still be regulated concerning requirements, processes, involved parties, and responsibilities, these regulations must not infringe upon the fundamental human rights of individuals. Consequently, this paper advocates for a thorough evaluation of current legislation with respect to its content, the comprehension of involved stakeholders, and the practical implementation of regulations concerning the management of migrant workers.

Uniform Civil Code: A Balancing Act Between Equality and Diversity

This research paper examines the challenges of applying uniform legal frameworks, specifically the Uniform Civil Code (UCC), in culturally and religiously diverse contexts like India. The paper highlights how historical, geographical, and environmental factors have influenced the evolution of religious practices, particularly in personal laws. India’s colonial history, religious diversity, and political influences have shaped distinct legal systems across communities. While International human rights norms emphasize equality and non-discrimination, the implementation of a UCC must account for India's vast cultural landscape. The study underscores the importance of balancing religious freedom with individual rights, especially women’s rights, while exploring the potential conflicts between personal laws and constitutional principles of equality. Case studies such as the Shayara Bano and Shah Bano judgments further illustrate the judiciary’s role in advocating for a UCC. Drawing on international examples like Turkey, the paper explores how a secular legal framework could promote equality while being inclusive of diverse cultural practices.

Human Rights in Scottish Foreign Policy: Constructing Scotland as a Good Global Citizen

Abstract While foreign policy is a reserved matter for the British government in Westminster, it is clear that the Scottish government aspires to, and indeed has implemented, an expanding programme of independent external relations. It is not the first sub-state political actor to do so. Whether as a part of the UK, or as potentially an independent country, Scotland has put considerable effort into developing an identity as a good global citizen. One area in particular where this has occurred is in human rights, where it has demonstrated leadership on a number of issues and sought to connect its domestic commitments to human rights to its external persona. This article will examine the dynamics of this development, looking at both the constraints and the possibilities for Scotland as an international human rights actor.

Mannréttindastefna Reykjavíkurborgar: Áskoranir, togstreita og tækifæri

Reykjavíkurborg tók ákveðið frumkvæði í jafnréttis- og mannréttindamálum á Íslandi þegar mannréttindastefna borgarinnar var samþykkt árið 2006. Stefnan ber sterkan svip af regluverki Evrópusambandsins þar sem áhersla er lögð á jafnrétti allra hópa og bann við mismunun. Innleiðing og framkvæmd mannréttindastefnunnar hefur reynst vandasamt ferli, ekki síst þar sem löggjöf um bann við mismunun hér á landi er ábótavant, nema á sviði kynjajafnréttis, og hefur það haft bein áhrif á stöðu málaflokksins. Spurningakönnun sem lögð var fyrir stjórnendur hjá Reykjavíkurborg um mannréttindastefnuna, fordóma og stöðu jaðarsettra hópa leiddi í ljós að í grunninn virðist mannréttindastefna Reykjavíkurborgar vera gott verkfæri. Stefnan er ágætlega þekkt meðal stjórnenda og þeir nýta hana sem tæki til breytinga, sér í lagi þegar kemur að mannaráðningum og starfsmannahaldi, en minna við úrhlutun fjármagns. Þrátt fyrir ásetning um að sinna jafnrétti allra og vinna gegn margþættri mismunun virðast sumir jaðarsettir hópar berskjaldaðri fyrir mismunun og jaðarsetningu en aðrir, sérstaklega innflytjendur, fatlað fólk og langveikt fólk.