International Human Rights Research Articles

The Challenges of European Union Integration: The Parallel between Human Rights and Corruption Perceptions

With the concepts of rule of law, democracy and respect for human rights representing the most prominent values upon which the European Union is established, the EU accession process expectedly supplicates candidate countries to ameliorate the efficiency of their legal institutions. As a general rule, such fundamentals are habitually correlated with other equally relevant criteria concerning the EU accession process. Given that the Western Balkans are not ordinarily regarded as an exemplary model in terms of practically demonstrating the rule of law and economic well-being, this research paper analyzes the linear relationship between human rights and rule of law manifestations and corruption perspectives in some EU candidate countries as a potential mechanism for satisfying EU accession fundamentals. For that matter, a simple linear regression analysis was conducted in order to determine whether and how such correlation would benefit policymakers in some current EU candidate countries toward their paths to European integration.

Human rights-based approach to development in Tanzania: a myth or realisable prospect?

This article through a documentary review delves into the practical aspects impeding the realisation of a human rights-based approach to development in Tanzania and the prospects of realising the same. The article contends that Tanzania fails to convincingly implement a human rights-based approach to development due to the unenforceability of the provisions of the fundamental objectives and directive principles of state policy, limitations of the international human rights framework, the underperformance of its legal machinery, lack of awareness of human rights among development institutions, workers, and citizens, as well as a limited and incompetent international human rights framework to guarantee the realisation of a human rights-based approach to development. Against this backdrop, it is recommended that the Tanzanian state align its legislations with both the letter and spirit of human rights regimes, bolstering the capacity of the judiciary to discharge its adjudication function effectively and fostering awareness of human rights among development practitioners and citizens. We posit that ongoing legal system reforms, the expansion of legal studies opportunities, and the active participation of civil society in Tanzania hold the promise of advancing a human rights-based approach to development. Yet, we underscore the pivotal role of a resolute political will in ensuring the success of these endeavours and their effect on Tanzania's aspiration to achieve a developmental paradigm firmly rooted in human rights principles.

Захист прав людини на міжнародному рівні під час збройних конфліктів: історія становлення та сучасні виклики

The article draws attention to the fact that international protection of rights during armed conflicts plays an important role, and it must be effective for its implementation in countries in armed conflicts Regardless of its nature, whether international or non-international armed conflict, it threatens the realisation of most fundamental human rights and freedoms, including the most important natural human right - the right to life. The author examines the problems of international protection of human and civil rights in armed conflicts, the history of international campaigns to protect human rights in various paramilitary attacks, and the new international policy on human rights protection during the Russian-Ukrainian war. The purpose of the article is to analyse the international protection of human rights in the context of historical challenges and current armed conflicts, highlighting key issues, aspects and possible ways to improve existing legislation and practice. Case studies will also be considered to better understand the dynamics of human rights protection during armed conflicts and the role of international organisations in this process. The article concludes that international norms and treaties aimed at protecting human rights remain relevant and effective even in the most difficult conditions, such as armed conflicts. International human rights law, in particular, as defined by specific instruments, provides the necessary framework for the protection of fundamental rights and dignity of people even during hostilities. It is noted that it is important that the international bodies responsible for the implementation and enforcement of these norms confirm the inalienability of human rights protection in conflict situations. The condemnation of war crimes, genocide and violations of international humanitarian law indicates that the international community recognises the importance of protecting fundamental rights during war. It is emphasised that even in exceptional situations, when states take measures to derogate from their obligations due to the threat to the life of the nation, the preservation and protection of human rights remains a central task of the international community. It is important to continue to improve the mechanisms and instruments of international law aimed at ensuring the effective protection of human rights in time of war, thereby contributing to stability, justice and human security in the world.

The Right To Motherhood Behind Bars: Evaluating The Conditions And Policies For Women Prisoners With Children In India

This research paper delves into the complex issue of motherhood behind bars in India, focusing on the evaluation of the conditions and policies affecting women prisoners with children. Given the growing concern for human rights and gender-specific needs within the penal system, this study aims to shed light on the lived experiences of incarcerated mothers and the operational realities of the policies designed to support them. Employing a mixed-methods approach, including interviews, surveys, and document analysis, the research examines the living conditions, healthcare access, nutritional standards, and child-rearing facilities within Indian women's prisons. It juxtaposes these findings against existing policies and their implementation, identifying gaps between policy and practice, and evaluating compliance with international human rights standards. The voices of incarcerated mothers are central to this analysis, providing invaluable insights into the challenges and needs faced by this vulnerable population. The study culminates in actionable recommendations for policy reforms, emphasizing the need for a humane approach that prioritizes the welfare and rights of both mothers and their children. This research contributes to the broader discourse on prison reform and women's rights, advocating for significant changes to ensure dignity and support for motherhood behind bars in India.

HUMAN DIGNITY, MORAL DAMAGE, AND KILLINGS BY AUTONOMOUS WEAPONS SYSTEMS

The present article aims to discuss if the fact that Lethal Autonomous Weapons Systems (LAWS) killed or injured a person generates moral damage, and if there is a presumption of moral damage, being unnecessary for the plaintiff to prove the moral suffering to be entitled to reparation from the State. First, the article defines LAWS and provides a brief perspective on moral damage in international law based on the International Law Commission´s Draft Articles on State Responsibility and scholarship. Next, it discusses if LAWS killings or injuries violate the principle of human dignity. Then it highlights international case-law from the international human rights courts on moral damage in re ipsa. The article concludes that LAWS's killings or injuries generate a relative presumption of moral damage.

Confinement of People with Mental Disorders from the Perspective of Spiritual Leaders of Banggai Culture, Indonesia: An Ethnosemantic Approach

The practice of confinement of people with mental disorders not only infringes upon individuals’ fundamental rights but also contravenes established health legislation, including in Indonesia, the setting for this study. In this country, confinement may be practiced by isolation or seclusion in a room or a small hut built in the family’s garden or rice field, some ten-minute walk from the house to the hut. Leg restraints or shackles may also be used. This study delved into the significance of confining individuals with mental disorders by analyzing the linguistic expressions of spiritual leaders from the Banggai culture in Central Sulawesi, Indonesia. Engaging with cultural and spiritual leaders within a community is imperative to gain insights into the underlying perspectives that influence family decisionmaking processes. This exploration involved a detailed examination of the linguistic expressions these leaders conducted within the cultural context of the Banggai community from March to June 2023. This study employed an ethnosemantic approach and in-depth interviews according to the framework outlined in Spradley’s Developmental Research Sequence model. The participants were 13 cultural and spiritual leaders in the Banggai region, commonly referred to as Talapu. They were chosen using snowball sampling techniques.The data-gathering process was facilitated through in-depth interviews structured to incorporate descriptive queries, structured inquiries, and contrasting questions. The data processing involved the analysis of interview transcripts utilizing domain analysis, taxonomic analysis, and component analysis techniques. This analytical approach yielded 11 domains, six taxonomies, and six paradigms, contributing to identifying three distinct cultural themes. These themes were utilizing spiritual rituals as an intervention for the treatment of individuals with mental disorders, the multifaceted roles played by Talapu in managing individuals with mental disorders, and the association between Talapu and the practice of confining individuals with mental disorders. The use of physical restraint and confinement by the Talapu in treating individuals with mental disorders raises ethical concerns, particularly regarding autonomy, non-maleficence, and adherence to international human rights standards in contemporary nursing practice. Nurses in Indonesia should engage in collaborative education with the Talapu, emphasizing the careful and strategic implementation of Indonesia’s health legislation to prohibit human rights infringements, ensuring effective treatment and psychosocial support for individuals with mental disorders, and promoting their seamless integration into family and society.

Bioethics-CSR Divide

Bioethics-CSR Divide

Insights from a community of practice: Integrating human rights in fisheries improvement

A recent article authored by Williams and Sparks suggests that fishery improvement projects (FIPs) “as currently constituted and reported, will not be an effective part of the fight against labour exploitation and abuses in global industrial fisheries.” We wish to reinforce their argument that driving social responsibility improvements in global fisheries requires a systemic approach combining genuine worker representation, mandatory human rights due diligence, enforceable and legally binding agreements, changes to purchasing practices, and the ratification and implementation of international labor and human rights conventions, and we acknowledge that the FIP model alone will fall short of this. Based on our collective experience working towards social improvements in fisheries, we wish to bring a slightly more nuanced perspective to bear to demonstrate the critical importance of using a human rights-based approach in fisheries’ sustainability efforts across industrial and artisanal contexts. We structure this response by revisiting each of the main points Williams and Sparks raise, bringing in our own experiences and additional evidence to build upon their original remarks, suggesting: there is a need for continuous monitoring and improvements in dynamic risk environments; voluntary measures can lead to and buttress mandatory and legally binding measures; diverse fisheries require diverse approaches; and humans are inextricably linked to fisheries, thus effective and enduring solutions must consider human wellbeing and environmental sustainability in tandem. We end with a call to action with explicit roles and responsibilities for different actors inside and outside of the Fishery Improvement Project context to support binding and enforceable agreements between buyers and fishworker representative organizations, advancing human and labor rights protections in seafood supply chains.

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.

Crime of Power, Rights of the Vulnerable: A Human Rights Inquiry

This legal research article explores the intersection between power dynamics, crime, and the rights of vulnerable populations through the lens of human rights. It delves into the complexities of crimes committed by individuals or entities wielding power and examines how such actions infringe upon the rights of the vulnerable. By analyzing case studies and legal frameworks, this article aims to elucidate the importance of protecting the rights of the vulnerable and holding perpetrators of power-based crimes accountable under human rights law.

Protection of Freedom of Expression Through Social Media from The Perspective of Human Rights

Freedom of expression is one of the fundamental human rights guaranteed in various international legal instruments. The development of information and communication technology, especially social media, has opened up new spaces for people to express their opinions. This research aims to analyze the protection of the right to freedom of opinion through social media from a human rights perspective. This research uses normative legal research methods with a qualitative approach. Research data was obtained through literature studies of various statutory regulations, books, scientific journals and other legal sources. The data that has been collected is then analyzed in three stages, namely data reduction, data presentation and drawing conclusions. The research results show that the protection of freedom of expression on social media is regulated in various policies including the Universal Declaration of Human Rights (UDHR), the International Convention on Civil and Political Rights (ICCPR), and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). Meanwhile, in Indonesia it is regulated in the 1945 Law, the Human Rights Law, and Law Number 19 of 2016. The right to freedom of opinion through social media is a fundamental human right that needs to be protected. This right is considered a fundamental right that cannot be reduced or limited by anyone or the state, this emphasizes the need for strong fulfillment and protection of this right. However, this right also needs to be balanced with the responsibility to use it wisely and responsibly.

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.

Elitist Remedies? Complaint Resources and Representation in International Human Rights Bodies

Abstract This article investigates determinants of representation in international human rights bodies. It is argued that socioeconomic factors shape whether human rights abuses translate into complaints to international human rights mechanisms. To seek international remedy, victims of human rights abuse must be aware of remedies, and they require complaint literacy to file complaints. Alternatively, they need ties to skilled networks that might represent their cases. Such complaint resources are systematically shaped by socioeconomic factors, implying that international human rights remedies tend to represent a self-selection of economic elites. The theoretical claims are tested both on the national and individual levels with novel data on the human rights complaint mechanisms operated by the UN Special Procedures (UNSP). While this mechanism is universally open, the follow-up statements of the UNSP reflect socioeconomic disparities both on the national and individual levels. On the national level, human rights abuses translate into more UNSP statements directed at richer countries. On the individual level, lawyers and professors tend to be more likely to be covered by the UNSP. The findings contribute to our understanding of representation in international human rights remedies, suggesting that these mechanisms struggle to reach marginalized groups in low-income countries.

Why Incorporate the ECHR? The Domestic Incentives of Human Rights Commitment

Abstract Why do consolidated democracies incorporate international human rights law (IHRL) treaties into national law? Existing research suggests contrastive accounts of the participation of democracies in IHRL regimes. While overall more likely to ratify, consolidated democracies are sometimes reluctant to accept demanding human rights commitments and less likely than both newly democratic and authoritarian regimes to incorporate international law in their constitutions. To theorize why established democracies commit to IHRL, this paper provides a comparative process tracing of the decisions to incorporate the European Convention on Human Rights (ECHR) into national law in Denmark and Sweden in the early 1990s. Why did these solid democracies with an exceptional commitment to human rights wait over 40 years to give domestic effect to a treaty they had helped create? Assessing rival theories of state commitment to human rights norms, the findings suggest that contextual developments in European law provided an opportunity for domestic political elites to seek insurance by incorporating the ECHR to place constraints on executive power. The argument qualifies claims about material strategizing or socialization to European norms as the primary drivers of incorporation.

Sex and Gender in International Human Rights Law through the Prism of the ‘Women’ Category in Recent Case Law

Abstract This article problematises the current understanding of sex and gender in international human rights law, especially as it manifests itself in its treatment of the ‘women’ category. The problematic nature of the current state of international human rights law in this regard came recently to light in two cases: the majority judgment in the Y v France case of the European Court for Human Rights and the dissenting opinions in the Vicky Hernández case of the Inter-American Court of Human Rights. Arguments and statements emerging from these two authoritative recent sources coming from two arguably progressive jurisdictions exemplify continuing inadequacies of the dominant approach. Through a critical engagement with these arguments, supplemented by the discussion of the broader framework of international human rights law, the article not only points out the precise nature of the existing shortcomings but also formulates strategies for overcoming them.

From Doughnut Economics to Doughnut Jurisprudence: A Human Rights Perspective

Abstract Earth system science indicates the existence of planetary boundaries. Several of these ecological limits have been transgressed, raising serious human rights concerns. Concurrently, persistent poverty and significant economic disparities continue to challenge societies and human rights law and scholarship. How to reform economies to respect planetary boundaries and at the same time address deprivation and socio-economic inequalities is the subject of a rich ‘degrowth’ literature. Surprisingly, this literature received minimal attention from human rights scholarship. Building upon Raworth’s influential concept of Doughnut Economics, this paper aims to bridge this gap by investigating whether human rights can encompass ecological limits (outer circle of the doughnut) and how these limits relate to social priorities embodied in human rights law (inner circle of the doughnut). To do so, the paper is structured along two sub-sections. The first section examines the relevance of core planetary boundaries, particularly biosphere integrity and climate change, within the context of human rights law. In the second section, the paper addresses the relationship between the inner and outer circle of doughnut economics from a human rights perspective. Drawing on critical literature, the article problematizes the ‘growth paradigm’ in human rights practice but also offers alternative readings. In this final part of the article, the author demonstrates how central doctrines of ESC rights, such as progressive realization and non-retrogression, could be interpreted in a way agnostic of economic growth.

The Public Morals Exception: A Failing by the Human Rights Committee and a Threat to International Human Rights Law

By way of its construction, the public morals exception located in the International Covenant on Civil and Political Rights is a function of international law which allows for restrictions on the most fundamental of our human rights. However, despite these implications, this justifying ground remains severely understudied and unexplained. This paper seeks to discuss the jurisprudence which surrounds the public morals exception from two angles: first, the requirements for ‘legitimacy’ of such exceptions and second, the broader interpretation of what is meant by the term ‘public morals’ in international human rights law. After analysing the work of the Human Rights Committee on these two concepts, the paper asserts that the level of clarity which has been provided by the body in terms of its discussions on the requirements of human rights exceptions has not been reflected in the Committee’s limited guidance concerning the larger concept of public morality — a complex yet vital part of the discussion surrounding the public morals exception. Due to this lack of clarity by the Human Rights Committee, the paper finds that the international recognition of human rights faces two major issues — a vacuous idea of ‘morality’ which often allows for excessive State discretion, and an overwhelming number of claims under the public morals exception which are clearly unlawful.

Human rights in international law, state responsibilities and accountability mechanisms: a case study of Iran

ABSTRACT This research presents a critical theoretical and practical re-examination of the link between human rights' issues and politics at national and international levels. The study of human rights is an inherently multidisciplinary enterprise. The paper provides an insight into the relations between diplomacy and human rights and discusses how the latter are exploited for political and commercial aims. This study focuses on the case and constitution of the Islamic Republic of Iran (IRI), and the problem of hostage taking. An internationally-oriented study and based on theoretical arguments and an empirical research approach-notably by using several real cases of ordinary individuals of foreign and dual nationalities who became hostages and the subject of political games and financial conflicts between Iran and the Western countries-the paper highlights the issue of hostage taking of individuals by a state as a political policy and prisoner swaps involving financial and commercial deals. The paper provides evidence of the substantial suffering of the hostages and their families. The paper makes an academic contribution to the literature-the unlawful act of hostage taking involving a state has rarely been discussed -and addresses the legal vacuum in international law and human rights conventions regarding the topic.

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

Women and International Human Rights in Modern Times: A Contemporary Casebook

Women and International Human Rights in Modern Times: A Contemporary Casebook