Human Rights In Relation Research Articles

Los principios de Yogyakarta: derechos humanos al servicio de la ideología de género

The Yogyakarta Principles (2007) have as aim the application of human rights in relation to “sexual orientation” and “gender identity”. This paper tries to clarify its meaning and ideology, origin, nature and objective —since they are largely hidden—, as well as its powerful influence in Spain.

The Paradox of Vernacularization: Women's Human Rights and the Gendering of Nationhood

This article extends Sally Merry's idea of "vernacularization" of human rights by examining its paradoxical effects. Specifically, it traces how international norms about trafficking in persons and women's human rights become vernacularized into anti-prostitution policies in South Korea, and how such universal ideas facilitate the re-articulation of authentic national culture and Korean womanhood. As nationhood is gendered with reference to women's sexuality, the analysis shows how the struggle to localize women's human rights in anti-prostitution reforms may challenge the state and propel reforms but also corroborate state nation-building. As such, it contributes to developing culturally and historically specific knowledge about the idea of human rights in relation to gender and the nation.

Homelessness and the right to occupation and inclusion: an Australian perspective

People experiencing homelessness are at risk of poor health and occupational injustice. Recent government initiatives have created an opportunity in Australia for occupational therapists to expand their role to meet the needs of the growing homeless population. The World Federation of Occupational Therapists position statement on human rights in relation to human occupation and participation provides a mandate for promoting health and wellbeing through occupation. A critical review of the literature was undertaken to identify the contribution of occupational therapy to homelessness. Secondary analysis of the findings of seventeen research studies on occupational therapy and homelessness demonstrates the occupational needs of people experiencing homelessness, the meaning of occupation to homeless people, and some evidence of the benefits of occupational therapy. It is proposed that future service provision should focus on both individual occupational engagement societal barriers that inhibit participation. Working in collaboration with people experiencing homelessness in partnerships will assist in addressing marginalisation of this group.

Has human rights law become lex specialis for the European Court of Human Rights in right to life cases arising from internal armed conflicts?

It is generally accepted that although human rights law is applicable in situations of armed conflict, international humanitarian law is lex specialis. However, this may not necessarily be the case with regard to internal armed conflicts, and legal authorities provide contradictory views as to what extent human rights principles are applicable in internal armed conflicts. This article explores the relationship between human rights law and international humanitarian law and considers the jurisprudential approach of the European Court of Human Rights in relation to right to life cases arising out of the internal armed conflicts in Turkey and Chechnya. The paper argues that such case law provides evidence that Strasbourg considers the principles of human rights law as lex specialis in right to life cases arising out of internal armed conflicts.

The Phenomena of Enforced Disappearances in Turkey and Chechnya: Strasbourg’s Noble Cause?

The paper critically reviews the challenges facing the European Court of Human Rights when hearing claims being brought under Article 2 of the European Convention on Human Rights in relation to the phenomena of enforced disappearances as a result of the internal armed conflicts of Turkey and Chechnya. The paper traces the phenomenal and, oftentimes, controversial evolution of the associated jurisprudence and provides evidence of judicial disparities and inconsistencies that are not easily rationalised. Such inconsistencies suggest that whilst Strasbourg’s intention may be to ensure accountability in the face of adversity and human atrocities, its noble cause may be based on judicially unsubstantial foundations.

Do cultural diversity and human rights make a good match?

The link between cultural diversity and human rights was clearly established by the Universal Declaration on Cultural Diversity, adopted by the member states of UNESCO in 2001, which holds that "the defence of cultural diversity is … inseparable from respect for human dignity" and that it "implies a commitment to human rights and fundamental freedoms." The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, adopted in 2005, states that "cultural diversity can be protected and promoted only if human rights and fundamental freedoms … are guaranteed" (Article 2[1]). The precise relationship between cultural diversity and human rights, however, is not clarified and thus leaves room for further exploration. This contribution analyses the issues surrounding the relationship between cultural diversity and human rights, in particular cultural rights. Firstly, it addresses general human rights issues such as universality and cultural relativism and the principles of equality and non-discrimination. Secondly, it explores the scope of cultural rights, as well as the cultural dimension of human rights. Thirdly, several cases are discussed in which human rights were invoked to protect cultural interests, confirming the value of cultural diversity. Finally, some concluding remarks are presented, indicating which areas require attention in order to further improve the promotion and protection of human rights in relation to cultural diversity.

'An Essentially Private Manifestation of Human Personality': Constructions of Homosexuality in the European Court of Human Rights

This article explores the continuing evolution of the European Convention on Human Rights in respect of homosexuality. In considering the Court’s case law as a mechanism through which homosexuality is discursively constructed, the article examines how this discourse both enables and constrains human rights in relation to sexual orientation in contemporary Europe. The discursive construction of homosexuality that underlies the Court’s interpretation of the Convention in respect of sexual orientation produces a problematic outcome for sexual minorities: whilst it has been instrumental in socialising a panEuropean consensus on intimate and sexual privacy, the Court’s understanding of homosexuality ultimately sustains a separation between the rights associated with the private and public spheres and, in doing so, fails to address the ongoing social discrimination experienced by gay men and lesbians. *Lecturer in Sociology, University of Surrey (p.johnson@surrey.ac.uk). I am very grateful to Rob Jago for reading and commenting on an earlier version of this article. I am similarly grateful to Robert Vanderbeck for the many discussions we have had about the issues covered here. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Human Rights Law Review10:1(2010), 67^97

Listen to me, too! Lessons from involving children with complex healthcare needs in research about multi‐agency services

Children with complex healthcare needs are often excluded, both from active involvement in research projects and from direct consultation in services. During a 3-year research study into multi-agency services for children with complex healthcare needs, the authors involved children in a number of innovative ways and endeavoured to discover what impact, if any, multi-agency working made to them. The researchers 'spent time' with 18 children with complex healthcare needs. They used a variety of methods to engage with the children in a meaningful way. More than half of the children had no verbal communication, so it was necessary in some cases to work with an advocate, usually the parent, to aid the process. Children with complex healthcare needs can take part in research as long as the research is set up sensitively and flexibly. In terms of the impact of multi-agency working, the authors concluded significant advances had been achieved for this group: almost all the children were living at home and attending school. However, there were significant gaps in addressing children's human rights in relation to communication, independence and relationships. In addition, many of the children had very little effective direct consultation with the multi-agency services. There are significant advances in involving disabled children in research and in service delivery, but there is still some way to go in involving those with complex healthcare needs. The challenges are considerable, but the benefits far outweigh these, not least being the value that parents, carers and the children themselves place upon being listened to.

Human rights and diversity: area studies revisited

development and study of human rights have increased significantly over time and have seen an intensified interest at the dawn of the twenty-first century. Much can be learned about the status of universal human rights by approaching the subject from regional perspectives. These diverse vantage points shed new light on the importance and complexity of the issues. David P. Forsythe and Patrice C. McMahon have brought together a collection of essays from top scholars in their fields. Each essay takes a look at how a region, as defined by geography or culture, affects the standards and practice of human rights in a particular area.The issues discussed include human rights and child labor in South Asia, women's rights in Muslim states, the prospects and challenges of human rights in the Middle East, the role of women and tradition in Africa, and accommodating diversity in Europe. collection also includes essays commenting on the parameters and intersections of international human rights in relation to area studies. David P. Forsythe is Charles J. Mach Distinguished Professor of Political Science at the University of Nebraska. He is the author of several books, including in International Relations, and the editor of The United States and Human Rights (Nebraska 2000). Patrice C. McMahon is an assistant professor of political science at the University of Nebraska. She is writing a book on transnationalism and the management of ethnic conflict in Central Europe.

The rule of law, human rights and proportionality as components of the war against terrorism: is the US judiciary in self‐imposed exile?

Argues in this wideranging paper that the legitimacy of international law depends on the principle that pacts should be respected, reviewing the issues of self‐preservation, proportionality and human rights in relation to this. Focuses on the economic war against terrorism by the USA preeminently, as expressed in the PATRIOT Act and the International Emergency Economic Powers Act and the Anti‐Terrorism and Effective Death Penalty Act. Concludes that the Patriot Act and the Homeland Security Act give the Executive branch of government extraordinary and warlike powers: but wars have an end whereas terrorism does not. Looks at the role of the US Federal courts in the context of national security, proportionality and human rights concerns, and finds them deficient; reports specific cases concerning Iranian resistance movements and their status as regards terrorism, and the Bajkajian, Austin and Alexander cases as regards proportionality.

Poverty, equity, human rights and health.

Those concerned with poverty and health have sometimes viewed equity and human rights as abstract concepts with little practical application, and links between health, equity and human rights have not been examined systematically. Examination of the concepts of poverty, equity, and human rights in relation to health and to each other demonstrates that they are closely linked conceptually and operationally and that each provides valuable, unique guidance for health institutions' work. Equity and human rights perspectives can contribute concretely to health institutions' efforts to tackle poverty and health, and focusing on poverty is essential to operationalizing those commitments. Both equity and human rights principles dictate the necessity to strive for equal opportunity for health for groups of people who have suffered marginalization or discrimination. Health institutions can deal with poverty and health within a framework encompassing equity and human rights concerns in five general ways: (1) institutionalizing the systematic and routine application of equity and human rights perspectives to all health sector actions; (2) strengthening and extending the public health functions, other than health care, that create the conditions necessary for health; (3) implementing equitable health care financing, which should help reduce poverty while increasing access for the poor; (4) ensuring that health services respond effectively to the major causes of preventable ill-health among the poor and disadvantaged; and (5) monitoring, advocating and taking action to address the potential health equity and human rights implications of policies in all sectors affecting health, not only the health sector.

Article 6 Echr and Immunities Arising in Public International Law

The Procedural guarantees laid down in Article 6, European Convention on Human Rights in relation to the fairness and expedition of legal proceedings would be meaningless if the Convention did not protect the right of access to the courts which is a precondition to the enjoyment of those guarantees. As a result, the European Court of Human Rights has laid down the principle that Article 6(1) secures to everyone the right to have any claim relating to his civil rights and obligations brought before a court. The right of access to the courts is not absolute. The Strasbourg case law acknowledges that it may be subject to limitations. Contracting States enjoy a margin of appreciation in this regard. However, national courts must be satisfied that the limitations applied do not restrict or reduce the access left to the individual in such a way or to such an extent that the very essence of the right is impaired. Moreover a limitation will not be compatible with Article 6(1) if it does not pursue a legitimate aim and if there is no reasonable relationship of proportionality between the means employed and the aim sought to be achieved.

Ethical Aspects of Brain Research

AbstractTheme I: Health and Human Rights. Health and human rights in relation to children and other vulnerable groups - for example, ethnic minorities and migrants; the role of health professionals in promoting respect for human rights; discrimination on the basis of health status. Theme II: The Death Debates. Cross-cultural and comparative religion perspectives on dying; euthanasia; nurse-assisted and physician-assisted suicide; the futility debate; advance directives; transplantation ; procuring organs from heart-beating donors or anencephalic infants. Theme III: Genetics and Reproductive Technology. The nature of human identity; genome mapping; genetic manipulation and counselling ; embryo research; preimplantation and prenatal diagnosis; the legal status of embryos, fetuses, infants, and families created by assisted reproduction; fetal tissue transplants; eugenics; population ethics. Theme IV: Health, Ecology, Persons and Planet. The connections between human health and ecological health, including how concepts developed in medicine, ethics, and law might be applicable in the promotion of ecological health, and vice versa. These include resource allocation; justice (including intergenerational justice) in health care; open and closed legal systems; and concepts of trust, covenant, and quality of life.

National and International Politics in US-USSR Scientific Cooperation

The universal and culturally specific characteristics of science are difficult to delineate, since science exists simultaneously in both a national and an international context. The same is true of politics. The boundary line traditionally set between domestic and foreign politics has been eroded by the growing Interdependence of political and economic communities, and by the realization that the politician acts in both national and international arenas. Nowhere is the merging of science, foreign affairs, and domestic politics more evident than in the area of scientific cooperation between the USA and the USSR, especially in the aftermath of the Soviet Invasion of Afghanistan and the arrest of Andrei Sakharov This paper begins with a brief overview of the inter-Academy exchange programme and the bilateral agreements of the 1970s - the dominant Institutional channels for scientific communication between American and Soviet scientists. Next, there is a discussion of the ways in which American scientists supported their Soviet colleagues against governmental repression. This is followed by an assessment of détente and human rights in relation to science. Finally, there is an analysis of 1980 Congressional and executive actions in the United States which turned the attention of the American scientific community to the protection of their professional rights on the domestic front.

Medical experiments on human beings.

Throughout the scientific age it has been increasingly realised that the path to knowledge is through carefully-controlled experimentation. Medicine must never, however, treat human beings as objects, or as the means to achieving increased knowledge. Ultimately the goal of human evolution will be served by the willing collaboration of members of society in the advancement of knowledge through carefully planned experimentation. As of now, however, many safeguards must be built into the system to ensure that no exploitation occurs. Experimenters are charged with the task of designing the most ingenious experiments, to give maximum information with a minimum of trauma and always to ensure the fully informed consent of the participants. This paper was read to a conference on human rights in relation to forensic science organised by Centro Internazionale di Richerche e Studi Penale e Penitanziari, in cooperation with UNESCO, held in Messina, Italy, in March 1980.

Derechos económicos, sitios patrimoniales y comunidades: sostenibilidad y protección

Estudios recientes han discutido abiertamente sobre el patrimonio cultural y los derechos de propiedad, el derecho al conocimiento de los indígenas y comunidades locales, los derechos humanos en relación al patrimonio cultural, así como el impacto del turismo en las comunidades locales y el desarrollo sostenible a través del patrimonio cultural y la materialidad del pasado. Este artículo ensalza los asuntos éticos de los ingresos del patrimonio cultural centrándose en la cuestión de por qué los locales y las comunidades indígenas deberían tener el derecho a diseñar su propio desarrollo económico y a beneficiarse directamente a través de su patrimonio local. En este artículo, defiendo que, como parte de sus derechos humanos, las comunidades locales e indígenas deberían tener el derecho a decidir cómo desarrollar y usar su patrimonio local como ‘recurso económico’, y más allá, que el beneficio del turismo patrimonial (por ejemplo, sitios, museos…) debería retornar hacia las comunidades indígenas. Voy a centrarme en tres sitios arqueológicos/patrimoniales y las comunidades locales asociadas a ellos en Turquía con el objetivo de mostrar las trampas a la hora de ignorar el derecho de las comunidades a decidir sobre el patrimonio local y a beneficiarse directamente de los sitios patrimoniales. Usando una aproximación centrada en los derechos económicos, me referiré a los beneficios potenciales de reconocer estos aspectos y ofreceré soluciones sostenibles.