Violation Of Human Rights Research Articles

The Expropriation of Sanctioned Assets: Does Ukrainian Jurisprudence Respond to Human Rights Concerns?

Abstract This policy and practice note raises human rights concerns about the Law of Ukraine ‘On Sanctions’ imposed during time of war. Despite its legitimate aim to stop the war aggression, the expropriation of sanctioned assets into state income, newly introduced in 2022, significantly risks human rights violations. The current jurisprudence in Ukraine on the expropriation of assets of sanctioned individuals and entities into state income raises the following four key human rights concerns: (1) duplication of the offence and punishment from national criminal law; (2) retroactive effect of the introduced sanction; (3) inadequate procedural safeguards for sanctioned persons; and (4) unlimited scope of persons and their assets that can be expropriated. This note argues that these significant drawbacks cannot be legitimized even in time of war.

Determining domestic violence against women using machine learning methods: The case of Türkiye.

Domestic violence against women is a pervasive issue globally, representing a severe violation of human rights and a significant public health concern. The hidden nature of such violence and its frequent underreporting make it a critical area for research. Recent advancements in artificial intelligence offer new avenues for identifying and predicting instances of domestic violence through machine learning (ML) algorithms. This study aimed to determine the frequency and risk factors of domestic violence against women using ML methods. With a cross-sectional design, this research was conducted with 630 married women between December 2023 and February 2024. Data were obtained using the 'Demographic Information Form' and the 'HITS Domestic Violence Scale'. Data analysis used six ML algorithms (decision tree, random forest, support vector machine [SVM], logistic regression [LR], Naive Bayes and k-nearest neighbour). In our study, the rate of women experiencing violence was determined to be 11%, while the duration of marriage, number of children and level of education were identified as significant risk factors. Threat, insult and injury were common risk factors in all algorithms. SVM and LR algorithms were effective models in predicting violence with a 100% accuracy rate. All ML algorithms' sensitivity ranged from 91.12% to 100%, while specificity ranged from 85% to 100%. The findings of our study demonstrate that ML algorithms have high accuracy rates in determining the frequency and risk factors of domestic violence against women, indicating that they can be used safely.

Defending the Pluralistic Minimum Universality of Human Rights

The idea of ‘universal human rights’ has emerged as a significant topic on the global agenda with the intensification of globalisation through technological change, the spread of transport and digital communication tools, and the increased visibility of instances of gross human rights violations in diverse regions worldwide. However, the spirit of the ‘Universal Declaration of Human Rights’, which emerged in the aftermath of the wave of fascism in 20th century Europe and the devastation of the Second World War, is still unable to penetrate all parts of the world. Furthermore, the rise of authoritarian populism in recent years has the potential to lead to a retreat from the idea of universal human rights. Thusly, the main purpose of this article is to introduce a viable, effective, pluralistic and minimum universal understanding of human rights on which world public opinion can agree. Within this framework, the intellectual elements of radical universalism and radical relativism, which are the parties to the debate on the universality of human rights, have been subjected to a rigorous analysis. A philosophical discussion was held in order to put forward an understanding of human rights that is respectful of multiculturalism and does not leave individuals at the mercy of the countries and societies in which they live, and to overcome the dichotomy in question. Moreover, the possible obstacles to the implementation of human rights worldwide have been discussed and the limits and scope of the pluralistic minimum universalist understanding of human rights have been revealed.

The Impact of Board Gender and Nationality Diversity on Corporate Human Rights Performance in Different Institutional Contexts

ABSTRACTResearch Question/IssueThe duty of businesses to observe human rights (HR) is garnering great interest among corporations, researchers, and policymakers. However, little is known yet about the organizational drivers that make firms pursue higher levels of corporate human rights performance (CHRP). In an attempt to fill this gap, we present the first global study on the influence that board gender and nationality diversity have on CHRP.Research Findings/InsightsWe evaluate panel data of 548 companies worldwide from 2012 to 2021 by using the two‐step system generalized method of moments (GMM) and a moderation analysis. Our results show that board gender diversity has a positive effect on CHRP, but this impact is weaker in institutional settings where patriarchal stances prevail. We also find that board nationality diversity affects CHRP positively only in firms from countries with a network‐oriented approach toward corporate governance.Theoretical/Academic ImplicationsThese findings help to further differentiate CHRP drivers from generic sustainability antecedents and uncover the relevance of adopting an institutional lens when delving into the rationale of CHRP. In this regard, we make a call for future analyses in this field to acknowledge national gender equality levels and societies' corporate governance orientation as potential boundary conditions.Practitioner/Policy ImplicationsOur results may guide companies on how to reduce corporate risks associated with HR violations by incorporating women and foreigners on their boards. They may also encourage businesses and policymakers to boost gender equality both on corporate boards and within societal values as both these aspects may be key for safeguarding HR internationally.

The right to education under the conditions of martial state

The right to education is one of the fundamental human rights approved in the Constitution of Ukraine. However, the war conditions taking place on the territory of Ukraine create significant challenges for ensuring this right. In this article, we analyze the problems that arise in the context of ensuring the provisions of Article 53 of the Constitution of Ukraine in conditions of war and offer ways to solve them. This article highlights the importance of ensuring the right to education under martial law in Ukraine and suggests practical measures to achieve this goal. The study of this topic contributes to the development of effective strategies for managing educational processes in wartime conditions. Ensuring the right to education in the conditions of martial law in Ukraine becomes a particularly acute problem due to active hostilities and occupation of territories. Military operations are accompanied by violations of human rights, including the right to education, which is contrary to international standards. Military aggression forces the evacuation of schools, universities and other educational institutions, which disrupts the educational process and creates difficulties for obtaining an education. The results of military operations have serious psychological consequences for children, youth and teaching staff, which negatively affects their learning and work capacity. The article analyzes the problem of ensuring the right to education under martial law. The challenges faced by Ukraine in providing educational opportunities during the war are investigated. Special attention is paid to strategies for protecting the right to education, including the role of international law, humanitarian aid programs and innovative approaches to education. Based on this analysis, recommendations are provided to improve the situation with the right to education in the conditions of military conflict. The problems of education during the legal regime of martial law are analyzed, the need to continue measures to guarantee the constitutional right to education is emphasized, since education is considered extremely important for the progress of society, the future of the country directly depends on the level of education, talents, culture and consciousness of the young generation.

Resilience Mechanisms and Coping Strategies for Forcibly Displaced Youth: An Exploratory Rapid Review.

Context: The global escalation of conflict, violence, and human rights violations sets a pressing backdrop for examining the resilience of forcibly displaced youth (FDY) in Canada. This study aims to unpack the multifaceted challenges and resilience mechanisms of FDY, focusing on their health, well-being, and integration into host communities. It seeks to identify current models of resilience, understand the factors within each model, and highlight gaps and limitations. Methodology: Using a university librarian-supported structured search strategy, this exploratory rapid review searched literature from Ovid Medline and open-source databases, published in English between January 2019 and January 2024, that fit specific inclusion criteria. The eligible articles (N = 12 out of 4096) were charted and analyzed by two student researchers with the Principal Investigator (PI). Charted data were analyzed thematically. Results: The selected studies captured diverse geographical perspectives, resilience models (such as Ungar's ecological perspective and Masten's resilience developmental models), as well as protective and promotive frameworks. Key findings indicate the complexity of resilience influenced by individual, familial, societal, and cultural factors. Each model offers insights into the dynamic interplay of these influences on FDY's resilience. However, these models often fall short of addressing the nuances of cultural specificity, the impact of trauma, and the intersectionality of FDY's identities. Conclusions: Recognizing the diverse and evolving nature of FDY's coping mechanisms, this study advocates for a culturally appropriate approach to resilience that integrates an intersectionality framework of individual attributes and culturally sensitive models.

Backlash or victims? ‘Victimised Korean husbands’ of migrant wives and problematic norms on sexual relations in South Korea

Violence against marriage migrants became a critical social issue in South Korea in the late 2000s, and the government instituted various measures in response, partially adopting civil society organisations’ demands to protect migrant women. However, men’s rights groups also mobilised shortly after to advocate for the rights of citizen-husbands under the slogan of ‘male victims of international marriages’. Their campaigns targeted both the unscrupulous commercial matchmakers and their deceitful migrant wives. This article situates the victimised men discourse as a backlash against violence against women campaigns to reverse policy gains in the protection of women’s rights. The article argues that government policies have legitimised such discourse and used flawed ‘data’ to justify their policies. This article uses as data complaints submitted to the Korea Consumer Agency, a government regulator for consumer disputes, about international marriages and focuses on their mentioning of sexual relations, intimacy and sexuality. By doing so, this article demonstrates that men’s rights as consumers of marriage brokerage services are behind their claims of victimhood, and the victimhood discourse undermines the safety and human rights of migrant women. Moreover, a close look at the database about ‘male victimhood’ reveals severe human rights violations against migrant women.

Religious Inequalities and Human Rights: Implications for International Development

: This article explores the impact of inequalities linked to religious identity on development strategies and outcomes. Religious prejudice and differential treatment among communities affect development practice and outcomes, undermining social harmony and cohesion and deflecting development strategies. Development actors, however, often fail to take these issues fully into account. Unequal treatments range from discriminatory exclusion and persecution to preferential treatment, creating or accentuating inequalities among communities. Human rights violations are often involved. By various measures, problematic situations are increasing across countries, sparking social tensions that can undermine social compacts. Assessments of inequality and policies to address inequality should take more clearly into account religious identities and communities.

Reconceptualizing Corruption as an International Crime: A Review of International Law

The discourse surrounding corruption as an international crime is increasingly urgent, as it transcends national borders and contributes to economic crises, conflicts, and various crimes that threaten global security. Scholars such as Christensen (2017), Peters (2018), Davis (2018), and Rothe (2010) have linked corruption to human rights violations, revealing that states often struggle to address it effectively. This research seeks to explore how corruption can be redefined as an international crime and what legal accountability mechanisms exist for perpetrators within international law, while also examining the opportunities for the international community to recognize corruption as an international crime. The findings suggest that corruption crimes impacting security, human rights, and environmental integrity, particularly in contexts where states are unable or unwilling to act, should be classified as international crimes, necessitating a global commitment to amend the United Nations Convention Against Corruption (UNCAC) accordingly. Furthermore, the potential for universal jurisdiction over corruption is explored, whether through amending the 1998 Rome Statute or establishing an ad hoc international tribunal, although significant obstacles remain due to states’ commitments to their sovereignty and criminal jurisdiction.

Genosida Sebagai Pelanggaran Hak Asasi Manusia (HAM) Yang Berat

Deprivation of Human Rights using various criminal methods has been happening for a long time. Since then, many international regulations have set limits and prohibitions regarding war crimes up to genocide, including judicial bodies that are given responsibility for crimes that have been committed. By knowing the actions and bodies authorized to prosecute serious human rights violations, we can understand current changes in the existence of the crime of genocide. The aim of realizing international legal instruments is to fulfill the human rights of victims, the world community and perpetrators. The research method used is normative juridical. The research approach is through a statute approach, which examines problems using statutory regulations by analyzing relevant laws to be used as a legal basis, such as the Convention on the Prevention and Punishment of the Crime of Genocide in 1948, the Statute of the International Criminal Court in 1998 and the Law on Law Number 25 of 2000 concerning Human Rights Courts. The research results concluded that the crime of genocide is one of four serious human rights violations within the jurisdiction of the International Criminal Court. Genocide always involves two things, namely: objectively it refers to the act of extermination and subjectively the target of the action is a certain group. The International Criminal Court, in accordance with Article 34 of the 1998 Rome Statute, consists of four parts: The Presidency, the Chambers, the Offices of the Prosecutors and the Registry in carrying out its duties. The International Criminal Court will only carry out its functions if the National Court cannot carry out its functions properly, in this case the meaning is if the National Court does not want to try the perpetrator of the crime and unable.

Disrupting harmful gender norms: Youth at the centre

Disrupting harmful gender norms: Youth at the centre Dr Claudia Mitchell, Director of the Participatory Cultures Lab, Department of Integrated Studies in Education (DISE). McGill University, tells us about the TRANSFORM project aimed at disrupting harmful gender norms and mobilizing for social change. Gender inequalities and discrimination persist glaringly around the globe. Gender-based violence stands out as one of the most widespread human rights violations. Forced and early marriage and female genital mutilation also continue to have an impact on the lives of young people. The United Nations has identified transforming harmful gender norms as a critical goal among its 17 Sustainable Development Goals for 2030.

Empowerment of Satlinmas in Improving Public Order and Security

The general background highlights the growing need for community involvement in safeguarding human rights and maintaining social stability, particularly in the context of regional apparatus empowerment. The specific background focuses on the role of Satlinmas in Candi District, where community members are organized to take an active part in protecting citizens against human rights violations. Despite existing research on community empowerment, there remains a knowledge gap regarding the effectiveness of Satlinmas in achieving these goals. This study aims to investigate how Satlinmas empowerment contributes to maintaining public order and security through a framework called Tri Bina, which encompasses Human Development, Business Development, and Environmental Development. The results indicate that Satlinmas has successfully enhanced community capacity through training and education, supported local businesses by ensuring a conducive environment for economic activities, and engaged in environmental preservation efforts. The novelty of this research lies in its comprehensive approach to community empowerment, emphasizing the interconnectedness of various developmental aspects. The implications of these findings underscore the importance of integrating community protection units into broader public safety strategies, highlighting the potential for improved community resilience and collaboration in safeguarding rights and maintaining order. Highlights: Community protection units improve public order and security. Tri Bina framework enhances human, business, and environmental development. SATLINMAS promotes community engagement in safety and environmental cleanliness. Keywords: Empowerment, Security, Environment, Community, Business

Unveiling Israel's Moral Claims: Truth and Western Collaboration

This paper will critically examine the prevailing narrative of Israel's self-proclaimed innocence that dominates Western discourse, often reinforced through censorship and selective publications. In doing so, it uncovers the evident disparity between Israel's proclaimed ethical standing and the documented instances of severe human rights violations against the Palestinian population, including Apartheid and the suppression of Palestinian voices. This paper will also shed light on the inconsistent reactions of Western media by contrasting responses to Israel's human rights abuses with those directed towards other nations committing similar atrocities. By unravelling these discrepancies, this research contributes to a deeper understanding of the ethical dimensions surrounding the Palestinian occupation and questions the portrayal of Israel's actions and their reception in the global media landscape. Author’s note: This was written in honor of Palestinian civilians suffering the ongoing genocide inflicted by Israel on the Gaza Strip and neighboring villages since October 7, 2023. More than 32000 Palestinians, 1/3rd being children, as of March 27th, 2024, have been murdered.

US suspension policy from the African Growth and Opportunity Act (AGOA): An estimation of the missing exports from sub‐Saharan Africa

AbstractThe African Growth and Opportunity Act (AGOA) is a unilateral duty‐free access program granted by the United States (US) to exports from sub‐Saharan African (SSA) countries. However, provisions of the AGOA text specify that countries can be suspended from the program in case of political turmoil and human rights violations that threaten democracy and the rule of law. This paper constructs a two‐step framework combining matching techniques and gravity regression to quantify the loss of exports due to AGOA suspensions using high‐disaggregated data of exports (10‐digit HTS level) from Africa to the US during 2001–2020. The AGOA suspension resulted in a 54% decline in SSA countries' exports to the US. Estimations suggest that, since 2004, the US suspension policy led to a reduction in exports from suspended countries of approximately 691 million USD on average per year. Over the 17 years (2004–2020), the suspended countries lost a total of 11.7 billion USD in the value of their exports to the US.

FAST FASHION, SUSTAINABILITY AND TOURISM

This paper addresses the complex relationship between fast fashion, sustainability, and tourism, aiming to raise awareness of the impacts of fast fashion and the prospects for a more sustainable model. The methodology adopted was based on a literature review using academic sources, specialized websites, and articles from digital newspapers and magazines. The results highlight the main criticisms of fast fashion, including its environmental impacts, human rights violations, consumer culture, and cultural appropriation. Furthermore, the need for authenticity in using sustainability as a marketing tool by fast fashion companies is emphasized, highlighting the importance of transparency and the adoption of sustainable practices throughout the production chain. Despite the challenges, there is a growing awareness of the urgency to transform the fashion industry towards a more ethical and sustainable model, which has driven interest in sustainable and ethical alternatives in fashion. This study contributes to understanding the impacts of fast fashion and reflects on the possibilities of promoting more responsible and sustainable practices in the fashion sector.

Impunity in cases of serious human rights violations: three relevant aspects of contention in the jurisprudence of the Inter-American Court of Human Rights

ABSTRACT The Inter-American Court of Human Rights (IACtHR) is a pioneer in international human rights law in developing jurisprudence against impunity. Since the 1970s, the American continent has been prone to political and policymaking processes to ensure impunity for those responsible for serious human rights violations. This impunity has aimed at, among others, enforcing amnesty and self-amnesty laws or implementing procedural institutions (such as the ne bis in idem principle) that intend to prevent the investigation and punishment of those responsible for serious human rights violations. The paper examines the jurisprudence of the IACtHR to determine some fundamental lines of argument that seek to combat impunity in cases of serious human rights violations. To this end, it emphasizes the particularities of the duty to investigate established by the IACtHR, the development of jus cogens in relation to these serious situations, and the scope of reparations. From a comparative perspective, it also highlights the need for other international Courts, such as the European Court of Human Rights, to assume these jurisprudential approaches to combat impunity in cases of serious violations.

The Effect of Intimate Partner Violence on Child Undernutrition in Zambia

Intimate partner violence (IPV) is a critical global issue affecting millions of individuals and constitutes a serious violation of human rights. In Zambia, an estimated 41% of women aged 15–49 years have experienced physical and/or sexual IPV at least once in their lifetime. This study assessed the effect of mothers’ experience of IPV on child undernutrition in Zambia. We analyzed data pooled from three rounds of nationally representative cross-sectional household surveys (Zambia Demographic and Health Survey: ZDHS-2007, ZDHS-2013/14, and ZDHS-2018), including 29 817 children under 5 years of age. Results from multivariate multilevel logistic regression analyses showed that mothers’ exposure to emotional violence significantly increased the likelihood of stunting among girls (OR = 1.145, p = 0.037). The negative effects of mothers’ exposure to IPV were confirmed for both less severe and severe violence on girls’ stunting (OR = 1.214, p = 0.001 and OR = 1.230, p = 0.011, respectively). Nonetheless, mothers’ experience of IPV had no significant effects on underweight or wasting among girls, nor on any indicator of undernutrition among boys. Protecting mothers from IPV could be beneficial for improving child development in Zambia.

Performing What Is Absent: The Making of Representative Claims in the 2020 Chilean Constitutional Convention

Amid a crisis of political representation, Chile ran an institutional experiment. After a month of riots, lootings and human rights violations, in November 2019, the Chilean Parliament proposed the creation of a fully elected convention with the one objective of writing a new Constitution. The 155 members were elected in October 2020 and 62% of them were non-professional politicians but environmental activists, members of indigenous communities or feminist leaders. Inspired by the ideas of representative claim proposed by Saward and performativity coined by Butler, we analysed their inauguration speeches to observe how they attempted to constitute themselves as political representatives. We found that they relied upon four types of speech appeal in their political claims-making. We refer to these as the Agonistic (whereby the claim-maker purported to speak for “us” as opposed to “them”); the Climactic (whereby the claim-maker offered themselves as an embodiment of a historical coming of age for a particular group); the Biographical (the claim-maker focuses upon their personal qualities of identity with empathy towards a group); and the Trustee (whereby, adhering to more conventional rhetoric of representation, a claim-maker sets out their qualification to acknowledge and look after the interests and values of a particular group).

Industrial Policy and Democratic Corporate Governance: Perspectives from the BNDES Case

In the early twenty-first century, Brazil underwent a remarkable economic boom, primarily driven by the Brazilian National Bank of Economic and Social Development (BNDES). This state-owned financial institution spearheaded a new industrial strategy, sponsoring domestic companies, such as Odebrecht and JBS, to their internationalisation. Nevertheless, this initial successful story took a dramatic turn. Over the years, the Brazilian national champions found themselves involved in corruption scandals, human rights violations and environmental damage, with BNDES indirectly funding these activities. This article seeks to discuss this crony capitalism arrangement, examining the role of corporate governance in safeguarding industrial policy from capture. We conclude by exploring how a democratic model of corporate governance could provide some insights for addressing this issue.

Photography as clouds: Notes toward the possibility of spatial photography

Many recent visual and technological changes in photography are related to the fact that it is increasingly connected to space through computerization and digitization. Photographs no longer appear as framed 2D images, but rather resemble a cloud whose viewing and operating mode necessarily involve navigation. My purpose in this article is to think about photography’s ontological and epistemological status through its contemporary spatial uses. Using two projects by Forensic Architecture, I examine two methodologies of spatial photography – photogrammetric point clouds and the Image-Data Complex – and claim that, whereas with the emergence of the internet, digital photography has primarily been perceived as a networked image, today we should think of it in terms of clouds. Both projects rely on a posthuman multiplication of perspectives and a vertical conceptualization of photography as navigable space. Both also represent and demonstrate the medium’s contemporary political potential for documenting, creating evidence and organizing data. Finally, both challenge traditional definitions of photography and outline new alternatives for interrogating human rights violations.