Human Rights Situation Research Articles

The Study of Human Rights Situation in Iraq During Saddam Hussein Era

Human rights are one of the most important issues in Contemporary International Low, that there is a great sensitiveness for the implementation of them. In many countries, some institutes & committees have been considered to follow up the issue or even a ministry as the ministry of human rights has been established. The present paper was discussed the human rights violations in Iraq on Saddam Hussein`s behalf, the current ruler and so, followed the response of the question that “how had been the situation of human rights during the governorship of Saddam Hussein in Iraq?”. The research method was descriptive-analytic. The method of collection is documentary & library information and the methods of analyzing information are describing, analyzing, and also using documents. The results of this study showed that some human rights violation cases have been seen in the government of Saddam Hussein in Iraq such as the pillage of state, forced displacement of Feyli Kurds from Iraq & the killing of them, killing women and children, abduction of women and children, the involvement of people in different wars, lack of social participation of women, economic sanctions, the use of chemical weapons.

Perceived Human Rights in Van Merkez, Eastern Turkey

The Kurdish population in Turkey and its human rights situation have been a major issue in Turkey’s foreign and domestic politics. There is a need for large-scale empirical evidence on perceptions of human rights or how people judge their own life situation and obstacles to greater empowerment and freedom of choice in the predominantly Kurdish eastern part of Turkey. Providing such empirical input, this study offers insight into the perceived human rights of people living in Van Merkez, an area that has been shaped by the Kurdish conflict. The data are part of the EUMAGINE project on human rights and migration-related perceptions, and consist of survey questions about human rights conditions among a representative sample of 500 respondents aged 18‒39. The results show that the differences in perceptions between Kurds and Turks are partially explained by the life satisfaction, perceptions of corruption and safety of respondents. The largest part is explained by the perception of language discrimination by the government.

A Study on Elements of Crimes against Humanity at the International Criminal Court - With Respect to the North Korean Human Rights Situation -

A Study on Elements of Crimes against Humanity at the International Criminal Court - With Respect to the North Korean Human Rights Situation -

Africa and Global Justice

In this paper I explore some ways in which Africa can contribute to the discourse on global justice. I first note the wide range in the circumstances in which judgements of justice continue to be made—from the domestic to the local and national, and from the national to the international. I conclude the paper with a look at the international human rights situation, suggesting areas where African wisdom and criteriology can be brought to bear on discussions of global justice. In doing this, I call attention to John Rawls’s important distinction between a people and the state which the people call their own. The state does not constitute the people, but the people may constitute a state.

CRIMEAN TATAR FACTOR IN CRIMEA: THE CURRENT STATE AND PROSPECTS

The article deals with the current situation of the Crimean Tatars in Crimea after joining Russia. It is considered a number of decisions taken by Russia, which changed the life of this national minority. For example, according an official status to the Crimean-Tatar language or improving living conditions in Crimean Tatars-populated areas. The article highlights the creation of the Spiritual Administration of Muslims of Crimea. The author describes the renewal of the mass media in Crimea and the creation of the TV and Radio company Millet instead of the Ukrainian TV channel ATR. The author stresses the difference in the approaches of the Ukrainian and Russian authorities to the question of the deportation of the Crimean Tatars in 1944. The article touches upon the UN General Assembly resolution A / RES / 71/205, 19 December 2016. It is devoted to “Situation of human rights in the Autonomous Republic of Crimea and the city of Sevastopol (Ukraine)”. The author offers to get acquainted with the opinion of the Crimean Tatars, who live in Crimea at present, about their current situation after the reunification of Crimea and Sevastopol with Russia. It is analyzed the Ukrainian authorities’ policy on the Crimean Tatars. The author notes the negative effect of the Ukrainian authorities on radical feelings in Crimea. The process of forming these sentiments is considered in the article. The author notes the increased military activities by the illegal armed groups of the Crimean Tatars in the Ukrainian part of the Russian-Ukrainian state boundary. The article emphasizes the evaluation of the Crimean Tatars’ influence on security and stability on the peninsula, as well as the prospects of it. The author gives recommendations on the establishment of inter-ethnic relations, and notes that there is a potential for further development of inter-ethnic dialogue. The author concludes that the Crimean Tatars can act as a stabilizing and destabilizing factor.

EUROPEAN COURT OF HUMAN RIGHTS JUDGEMENT AS A BASIS FOR REVIEW OF THE NATIONAL COURTS' JUDGEMENT

УДК 347.9 The purpose of the article – a critical analysis of the position of the Constitutional Court of the Russian Federation, the justification, through the analysis of the ECtHR practice and scientific work on execution of the ECtHR judgments, about the coordination of positions of national courts and the supranational body. The methodological basis for the study: general scientific methods (analysis, synthesis, comparison); private and academic (interpretation, comparative legal, formal-legal). Problems and basic scientific results: The issue of implementation of the Human Rights Court decisions at the national level oc-curs when the compensation is not enough to eliminate the revealed violations. Russian legislator opted for the situation of Human Rights by the European Court finding a violation of the provisions of the Protection of Human Rights and Fundamental Freedoms in the consideration by the court of a particular case, in connection with the decision by which the applicant applied to the ECtHR mechanism for review of the decision on the new circumstances. Supreme Court puts forward three conditions for the implementation of the revi-sion of the judicial act on a national level, which should be available at the same time: 1) the continuous nature of the adverse effects; 2) the existence of violations of the Convention or gross procedural violations; 3) a causal link between the breach and the consequences. The author point out that the regulation of possible conflicts between the Convention and national legislation is based on cooperation (not confrontation) States and the European Court of Human Rights. Such practice of cooperation based on the principles of subsidiarity (addition to national rights protection system); evolutionary interpretation of the Convention (which implies flexibility, and accounting for changes in public relations); Judges dialogue and to develop advisory opinions. Consequently, the task of the Constitutional Court can not be default search options, on the contrary, its task – to determine exactly how, taking into account the differences in the legislation, the decision will be enforced. Failure, as well as the improper execution of judgments of the ECtHR may involve the establishment of a new violation of the provisions of the Convention and sanctions against violators.

A BRIDGE OVER TROUBLED WATERS (AND SANDS)?: A CRITICAL SIGHT ON SPAIN’S ROLE IN WESTERN SAHARA ISSUE 40 YEARS LATER

Forty years after Spain’s relinquishment of its legal responsibilities over the Western Sahara, its political attitude towards the territory –reflected in the official statement issued on 26 February 1976— confirmed the inability of the Spanish Government to abide the international norms on self-determination and its failed attempts to remain outside the situation. The Spanish role, conceived as a “constructive neutrality” has revealed a lot of contradictions, appeased through a patient but constant approach to the Moroccan thesis —expressed mainly in its passive role inside the Group of Friends of Western Sahara-, its muteness concerning the successive incidents related to the territory –specially concerning human rights situation-, its sympathies towards the Moroccan Autonomy Plan or its constant support to the measures related to the exploitation of Western Sahara natural resources due to the Spanish interests at stake. Far from having a presumed role of a bridge to contribute to settle the conflict, the “constructive neutrality” —conceived by Spanish authorities and promoted by Spanish think-tanks— appears really as a “benevolent neutrality” towards Morocco’s position. A weak approach that proves the real limits of the Spanish foreign policy.

Human Rights Social Context: East–West Cultural Dialogue

Objectives: The study investigates theoretical, methodological, and applied problems of human rights enforcement in Eastern and Western societies, including the socio-cultural context of human rights. Methods: The authors of the study undertake the analysis of the non-Western concepts of human rights, legal specifics of personal status in Eastern and Western communities, cultural specific features that affect the human rights situation. Findings: The key concepts and categories, the principles and the systems of human rights enforcement and protection in eastern and western states have been demonstrated. The analysis of modern international legislation in the sphere of human rights has been carried out; the issues of improving the efficiency of human rights protection in the West and in the East have been considered. Applications/ Improvements: As a result, principal theoretical assumptions have been formulated and the recommendations have been developed to improve the efficiency of human rights practices at both national and global levels.

The human rights situation among LGBTI individuals in Europe and its health consequences

The human rights situation among LGBTI individuals in Europe and its health consequences

Human Rights in Papua New Guinea: Is this Where We Should Be Settling Refugees?

Australia has had a long, and at times tumultuous, relationship with our nearest neighbour, Papua New Guinea. This relationship took a twist in late 2012, with the re-opening of the off-shore processing centre on Manus Island, and again in February 2014, when Iranian asylum seeker Reza Berati was murdered by locals during a violent disturbance at the centre. The latest test of the strength and endurance of the relationship between PNG and Australia came in April 2016, when the PNG Supreme Court ruled that the detention of asylum seekers on Manus Island breached the right to personal liberty in the PNG constitution. This article provides much-needed insight into the human rights situation in PNG, and makes recommendations regarding the prospect of resettling refugees in that country.

The Rise of China and International Human Rights Law

This study focuses on the Universal Periodic Review of the United Nations Human Rights Council in order to investigate the impact of China’s official human rights position on international human rights discourses. China’s Review, including its National Report, the Chinese Government’s reactions to statements and recommendations on its domestic human rights situation as well as its statements and recommendations on other states under review are investigated in order to find out whether China is able to project successfully its official human rights view on the international arena.

Film as an agent of Human Rights Advancement in Nigeria: A study of Bloody Night and Somewhere in Africa

Human rights are those inalienable rights that are basically accruable to every human person or citizen of a country. In Nigeria, the human rights situation is worrisome to say the least, as the nation goes on pursuing her phantom democratisation objectives. Against the background of a vibrant and popular film culture in Nigeria, this study has investigated the role of film in the advancement of human rights ideals. Using two films produced in Nigeria's vibrant film industry Nollywood,- Charles Offor's Bloody Night and Kwame Boadu & Frank Rajah Arase's Somewhere in Africa; the study paradigmatically interrogates issues of human rights portrayed in the films. The study is qualitative in approach, combining both textual analysis and focus group discussion (FGD). The films under study were subjected to textual analysis while two FGD sessions were conducted among randomly selected students of Nnamdi Azikiwe University, Awka, Nigeria - six discussants for each session. The data from the textual analysis and FGSD were separately analysed. Findings show that the two films are able to project the systemic inadequacies of human rights culture in Nigeria and offer an ideological alternative, and that the audience understood the film's message in the context of the quest for human rights in Nigeria and were able to relate the situations portrayed in the films to their own real life situations as Nigerians.Keywords: Film, human rights, human rights culture, human rights situation

The Power of the Police and Human Rights Situation under Section 54 and 167 of the CrPC: A Critical Evaluation

In the recent years, there has been a considerable growth in the name of arrest without warrant and the inhuman torture of the person arrested in the name of interrogation while under the police custody. This paper has examined the impact of making arrest without warrant and the sufferings of the arrested person without trial which give rise to the question of violation of human rights. The central focus of this research is to explore the role of the police to protect the human rights in Bangladesh and to find out the problems faced by the police while performing their duties. It also aims to go through the existing human rights situation in Bangladesh as well as to find out the ways by making effective recommendations to improve the situation through positive role played by the police in this regard.

El papel de las instituciones europeas en la defensa de los derechos humanos en el Sahara Occidental

La posición de la UE ante el conflicto del Sahara Occidental se ha caracterizado principalmente por: i) un posicionamiento mucho más tibio que en otros conflictos; ii) y por lo que se ha venido a denominar «la política del doble rasero», con una implicación distinta de las diferentes instituciones europeas, y con un posicionamiento desigual ante la negociación política de la salida al conflicto y la defensa de los derechos humanos. Se ha considerado que esta incoherencia se mantenía entre el posicionamiento político de las instituciones de la Unión, influidas por las presiones políticas de algunos de los actores implicados, como Francia y España; y por los intereses económicos de la UE, fundamentalmente relacionados con la explotación de los recursos naturales del territorio, mientras que parecía existir consenso sobre la apuesta clara de la UE por la defensa de los derechos humanos de la población saharaui. Sin embargo, este trabajo pretende demostrar que «el doble rasero» y la inconsistencia del posicionamiento de las instituciones europeas se ha trasladado incluso a la defensa de los derechos humanos. Así, mientras las instituciones europeas defienden los derechos civiles y políticos de la población saharaui en los Territorios Ocupados, además de denunciar la situación de precariedad que enfrenta la población de los campamentos de refugiados, ante la violación de los derechos económicos, sociales y culturales de la población saharaui los intereses económicos de varios Estados miembros de dichas instituciones se sobreponen a la defensa de los derechos humanos de pueblo saharaui. Este artículo tratará de demostrar esta incoherencia en la defensa de los derechos humanos de la población saharaui a través del examen de documentación tal como: informes de misiones de observación in situ, informes sobre la situación de los derechos humanos, apoyo a activistas saharauis, análisis de los flujos de ayuda humanitaria a los campamentos de Tinduf; así como del análisis jurídico de los distintos acuerdos firmados entre la UE y Marruecos para la explotación de los recursos naturales del territorio que pertenece a un pueblo que aún se encuentra en proceso de descolonización.

Effects and side effects of European Union assistance on the former Soviet republics

ABSTRACTSince the early 1990s the European Union (EU) has been the largest donor to the post-Soviet states. In the last decade it more than doubled development assistance to the region. One of the major purposes of assistance is human rights promotion. At the same time, it is still an open question whether, and under what conditions, assistance can improve human rights in recipient countries. This study applies time-series cross-section (TSCS) analysis to identify effects of external assistance. Using data from 12 post-Soviet states over 20 years, I show that conditions under which states are more likely to display a positive effect are high state capacity and political conditionality attached to economic cooperation agreements. Whereas, when state capacity is lower, assistance might cause a slight deterioration of the human rights situation. In hybrid regimes, assistance is associated with negative effects, indicating that external assistance might induce deterioration of human rights in such regimes.

Does Institutional Change Spread Across Countries? Explaining Spatial Patterns in Human Rights

AbstractIf a country improves its human rights record, will neighbouring countries benefit? Beneficial spillovers could justify intervention by the UN or one of the many other organisations that internationally fight human rights violations. We document that countries’ human rights performances often resemble the human rights situation of their neighbours. However, exploiting time variation in a spatial panel, we find that much of that resemblance is simply determined by the shared geographical location. Changes in neighbouring countries have little influence on local human rights, suggesting that contemporaneous spillovers and interactions are limited.

German Arms Exports: Between Normative Aspirations and Political Reality

Deciding on arms exports is a delicate matter in western democracies. Potential economic and security gains have to be weighed against normative and security concerns. This article explores how this tension is solved in Germany, a country that holds strong moral aspirations but at the same time lists among the top arms exporting nations worldwide. Using a newly compiled dataset, we quantitatively analyse German exports of major conventional weapons (MCWs) from 1992 to 2013. Our statistical findings do not support the claim that the human rights situation in recipient countries plays an important role for German arms export decisions. Our two-stage model therefore supports a trading state rather than civilian power reading of Germany, at least when it comes to arms export practices.

Review of Genocidal Elements on the Human Rights Abuses in North Korea

This article started from the question of whether the violations of human rights being carried out in North Korea so far are applicable to genocide. The paper examines the configurable requirements of genocide by four large elements: the objective groups, the extent of destruction, the specific types, and intent to destroy. As a result, the paper has found that the North Korean leadership commits genocide with the intent to destroy religious groups, mainly consisting of Christians and national groups including half-breed children. Considering the tendency of imposing the highest sentence in international courts when the case is determined as genocide, it seems to require active research on the possibilities of ruling the North Korean human rights situation as genocide.

The Case for Crimes Against Humanity in Eritrea: Assessing the First Report of the UN Inquiry Commission

In June 2015, a commission of inquiry mandated by the Human Rights Council of the United Nations (UN) published the most critical report of its type on the situation of human rights in Eritrea. The commission says some of the violations taking place in Eritrea may constitute crimes against humanity, thus sending serious messages both to the international community and to high-ranking government officials in Eritrea. The report of the commission comes in the footsteps of other two ground-breaking reports that were produced by the UN Special Rapporteur on the Situation of Human Rights in Eritrea (Ms. Sheila B. Keetharuth), appointed in July 2012. In the last four years, the Human Rights Council has also adopted a number of resolutions in which it strongly condemned continued widespread and systematic violations of human rights and fundamental freedoms committed by the Eritrean authorities. By assessing the content of these different reports and official documents produced by the designated UN human rights entities, mainly that of the inquiry commission, this article asserts that there is actually a prima facie situation of crimes against humanity, thus requiring urgent action on the part of the international community.

The Case for Crimes against Humanity in Eritrea

In June 2015, a commission of inquiry, mandated by the United Nations (un), published the most critical report of its kind on the situation of human rights in Eritrea. One year later, the commission said there are reasonable grounds to believe that crimes against humanity have been committed in Eritrea since 1991. The findings of the commission follow in the footsteps of other ground-breaking reports that were produced by the un Special Rapporteur on the situation of human rights in Eritrea, appointed in July 2012. Over the next four years, the Human Rights Council has also adopted a number of resolutions in which it strongly condemns the continued widespread and systematic violations of human rights and fundamental freedoms committed by the Eritrean authorities. With a focus on the commission of inquiry, this article will assess an assortment of reports and official documents produced by the designated un human rights entities. Based on the assessment, assertions will be made that the conclusion made by the inquiry commission with respect to crimes against humanity in June 2016 should in fact have been made in its first report of June 2015, thus avoiding an unnecessary delay of one year.