Human Rights Research Articles

INTERNATIONAL STANDARDS GOVERNING INDIVIDUAL REHABILITATION

In this article, the international documents, the international standards established in them, on the rehabilitation of the victims of the actions (inaction) and decisions of the bodies and officials authorized to conduct criminal proceedings, compensation for the material and moral damages caused to them, and their provision by the state have been studied and analyzed. In particular, the author presents analytical views on the measures that should be taken to rehabilitate, compensate for the harm caused to, and integrate into society those whose human rights and freedoms have been unlawfully restricted or deprived, unjustly or unjustly convicted, unjustly arrested, or imprisoned, in declarations, conventions, and international pacts adopted by the UN and other international organizations.

Beyond the “Hybrid Attack” Paradigm: EU-Belarus Border Crisis and the Erosion of Asylum-Seeker Rights in Latvia, Lithuania and Poland

While in the recent years violations of asylum-seeker rights have been increasingly documented in EU Member States, the crisis at the EU-Belarus border has opened up a whole new chapter in this area. In response to the perceived migrant instrumentalisation by the Belarusian regime, several Member States—Latvia, Lithuania and Poland—have openly introduced long-term, far-reaching and blanket legislative measures that severely restricted the right to seek asylum and formalised pushbacks—contrary to their obligations under EU law and international refugee and human rights law. This paper approaches the topic from a comparative socio-legal perspective. Apart from a legal analysis of the Latvian, Lithuanian and Polish domestic measures, it is based on interviews with non-EU nationals affected, as well as NGO representatives, volunteers and legal practitioners who have been providing legal and humanitarian assistance to people crossing from Belarus. The paper, first, offers an overview of Latvian, Lithuanian and Polish responses to the events at the border and looks at how the relevant measures affect the non-EU nationals involved. Second, it engages with the migrant instrumentalisation paradigm, relied on by the governments to derogate from EU and international legal framework, and explores the EU-level response to the crisis. This study argues that EU’s border with Belarus has de facto become an exclusion zone where protection seekers are deprived of their right to claim asylum and continuously exposed to various types of inhuman and degrading treatment. It also demonstrates that the migrant instrumentalisation concept is problematic on multiple levels and does not correspond to the realities on the ground.

The Right to Be Human: Rest and Leisure in International Human Rights Law

The Right to Be Human: Rest and Leisure in International Human Rights Law

Intimate Partner Violence and Associated Factors Among Pregnant Women in the Conflicted Northeast Ethiopia: A Cross-Sectional Study.

Intimate partner violence (IPV), perpetrated by male partners, inflicts physical, sexual, or psychological harm on women. During pregnancy, it becomes a significant public health concern and human rights violation, especially in conflict-affected areas, affecting both mother and fetus negatively. Research in Ethiopia often overlooks nonusers of antenatal services, primarily conducted in health facilities. This study addresses this gap, aiming to provide valuable insights into community dynamics. Hence, this study assessed the prevalence and factors associated with IPV during pregnancy in the conflict-affected district of Northeast Ethiopia. A community-based cross-sectional study surveyed 603 postpartum women in the Argoba district, Amhara region Northeast Ethiopia, from March 26 to April 25, 2023, utilizing a multistage sampling technique. Data collection employed a structured questionnaire, coded, and entered into Epi-data 4.6, then analyzed using SPSS version 26. Descriptive and Binary logistic regression analyses were conducted. Adjusted odds ratios were computed at a 95% confidence interval [CI], with a significance level set at p < 0.05. Model fit and multicollinearity were assessed for validity. The study found an overall prevalence of 45.1% (95% CI: 41.1-49.1) for IPV during pregnancy, with psychological violence being the most prevalent (38.0%), followed by physical (24.7%) and sexual violence (18.6%). Factors significantly associated with IPV included unwanted pregnancy (AOR = 1.94; 95% CI: 1.10-3.47), women's acceptance of violence (AOR = 2.39; 95% CI: 1.64-3.48), having a partner who chews khat (AOR = 1.99; 95% CI: 1.31-3.03), and spouse's engagement in multiple sexual partners (AOR = 1.63; 95% CI: 1.03-2.58). The study's findings indicate a higher prevalence compared to others, with key factors including unwanted pregnancy, acceptance of violence, khat chewing, and multiple sexual partners. Recommendations include comprehensive sex education, awareness campaigns, relationship counseling, community engagement, improved healthcare access, stronger legal frameworks, and empowerment programs.

Реабілітація: історія формування, сучасна стратегія розвитку

The history and defined stages of the formation and development of rehabilitation care from the 19th century have been studied. to modern times. The formation of the methodology for the organization of rehabilitation assistance in national health care systems is shown. The logistics of the WHO’s initiatives regarding the recognition of rehabilitation assistance as the main direction of the development of medical service delivery systems have been studied. What is connected with the provision of human rights in the field of health, the achievement of health for all. The role of national governments, the responsibility of communities and the importance of primary medical care in ensuring the availability of rehabilitation care are shown. The main provisions of the WHO documents on the problem of rehabilitation are presented.

Missing Persons of Post-Conflict Countries: Assessing Dental Identification through a Questionnaire-based Study in Syria

Locating and identifying missing persons is crucial to protecting human rights and rebuilding war-torn countries like Syria. Biological identity primarily relies on DNA, fingerprints, or dentition. However, post-conflict countries with high deaths, limited databases, insufficient resources, and a reduced or a lack of forensic expertise make this effort more challenging. Teeth are a practical and cost-effective means to identify human remains, particularly when acceptable dental records are available. Still, the application of comparative dental analysis in conflict scenarios needs to be more explored.A survey study in Syria examined whether post-conflict countries could employ comparative dental identification of missing individuals. The attitudes and perceptions of four groups (the public and dentists, forensic odontologists, dental schools, and the Syrian Dental Association) were determined using questionnaires and analysed for the first two groups. Most respondents (>90%) indicated that addressing disappearance is crucial for post-conflict reconstruction and considered it unachievable without international support and only 20% had confidence in this support. Issues hindering human identification reported by a high percentage of dentists and forensic odontologists and included education in Forensic Odontology (92%), expertise in the field (70%), awareness (90%), the availability of antemortem records (92.3%) and political and security influence (50%). Responses from over 80% of the public, 50% of the dentists and 92% of the forensic odontologists indicated that comparative dental identification in Syria may not be feasible.The results of this study provide strong evidence of the challenges in identifying missing persons using teeth in developing nations, particularly those affected by conflicts. They include the lack of antemortem records and forensic expertise. The international community is urged to support post-conflict nations including Syria.

DEMOCRATIZAÇÃO DO ENSINO DE DIREITOS HUMANOS NO ENSINO FUNDAMENTAL: DESAFIOS E OPORTUNIDADES PARA A FORMAÇÃO DE CIDADÃOS CONSCIENTES

This article investigates the challenges and opportunities in democratizing human rights education in elementary school, highlighting its role in shaping socially responsible and conscious citizens. The absence of a structured human rights education limits students' ability to develop a culture of respect for diversity and otherness, contributing to the perpetuation of inequalities. The central hypothesis is that the integration of a comprehensive and transversal human rights curriculum can transform the school environment and reduce discriminatory behaviors. Based on a bibliographical analysis of legal documents and recent studies, including the Universal Declaration of Human Rights (UDHR) and the National Plan for Human Rights Education (PNEDH), this study examines initiatives implemented in Brazil, such as the "Direito na Escola" and "OAB Vai à Escola" programs. The results indicate that, despite barriers such as the lack of teacher training and pedagogical resources, human rights education from elementary school is crucial to building a more just and equitable society. The article concludes that the democratization of human rights education requires effective public policies and an integrated approach involving the state, school, family, and civil society.

Conservação baseada em valores: patrimônio e direitos humanos no caso de Bento Rodrigues (MG)

The article addresses the convergence between the fields of cultural heritage and human rights, highlighting internal and external transformations that enabled this convergence. In the context of cultural heritage, the shift from a material-based conservation perspective to a values-based conservation is fundamental, placing the human person at the center of preservation. In the case of human rights, this convergence is seen through the recognition of the need to adequately conceptualize cultural rights. Going beyond recurring themes at the intersections of human rights and heritage, this article focuses on unsustainable development as a source of human rights violations, causing harm to traditional communities and socio-environmental tragedies. As a case study, it discusses the Bento Rodrigues case in Mariana, Minas Gerais, the first locality affected by the rupture of the Fundão Dam, which was almost completely devastated, reducing 180 houses to only 22 standing. The population, present in the area for three hundred years, was hastily transferred to Mariana, resulting in the breakdown of established family and community bonds. Finally, the article highlights innovative preservation responses in the country proposed by ICOMOS/BRAZIL, based on the values-based conservation perspective.

Hakikat Manusia Menurut Pandangan Islam (Studi Literatur)

This research aims to describe the concept of human rights in an Islamic perspective by exploring the primary sources of the Qur'an and Hadith. This study examines how Islam's views on human nature, the role of the caliph, and the purpose of human creation affect the understanding of human rights. In addition, this study also analyzes how these concepts are elaborated by scholars and how their implications for human life practices. Through a qualitative approach with literature review, this research is expected to contribute to enriching the understanding of human rights in the context of Islamic values, as well as identifying the relevance of these values in the context of modern life

Parliament and the Protection of Human Rights: The Case of the ‘Public Defender of Rights’ in Slovakia

This article explores the role of the ‘Public Defender of Rights’ (verejný ochranca práv—VOP) within the Slovak political system and its relationship with the Parliament. It comprehensively examines the complex interactions between these two institutions, shedding light on the limitations of the VOP in a country where the Parliament plays a pivotal role in the political system. These dynamics have profound implications for the protection of human rights. The analysis presented in this article is grounded in various sources, including laws, transcripts from parliamentary debates, government documents, reports from the VOP, media coverage, interviews, as well as decisions from the Constitutional Court.

The 2024 Olympics: Confronting Human Rights Violations , Global Tensions , and Trans Athlete Participation.

As we anticipate the 2024 Paris Olympics, it is imperative to examine the multifaceted consequences of human rights abuses in host nations, particularly in relation to the treatment of migrant workers involved in the construction and preparation for the Games. These workers often endure exploitative conditions, including insufficient wages, prolonged working hours, and hazardous work environments. This raises significant ethical questions about the obligations of the International Olympic Committee (IOC) and host nations in ensuring that the Games not only promote athletic excellence but also safeguard the fundamental rights and dignity of all individuals involved.

Remarriage Restriction for Woman of 300 Days in Türkiye: Review of the ECtHR’s Nurcan Bayraktar v. Türkiye Judgment

Abstract On 27 June 2023, the European Court of Human Rights unanimously declared that the complaint of Nurcan Bayraktar was admissible and held that there has been a violation of Article 8 and Article 14 in conjunction with Article 12 of the European Convention on Human Rights. The violation arose from the application of Article 132 of the Turkish Civil Code which imposes a 300-day waiting period on divorced women to remarry, unless they lodge an application to a Family Court to lift the waiting period by proving with a medical report that they are not pregnant. The Court concludes that obligation to produce medical evidence to prove that the applicant was not pregnant - which can only be obtained by means of medical examination - constituted an interference with the applicant’s exercise of her right to respect for her private life, considering that it was not necessary in a democratic society. Moreover, the Court found that the obligation imposed on divorced women, due to the possibility of pregnancy, to wait 300 days amounts to direct discrimination on grounds of sex, which cannot be justified by the aim of preventing uncertainty as to the parentage of an unborn child. This study aims to summarise and review this judgment, which was delivered in French, in English for a wider audience, by providing a background information on Article 132 of the Turkish Civil Code.

Analysis of Interfaith Marriage Arrangements in Islamic Family Law: Multiculturalism and Social Harmony Perspectives

This research aims to understand the analysis of Interfaith Marriage Arrangements in Islamic Family Law: Multiculturalism and Social Harmony Perspectives.Normative research is legal research that places law as a system of norms. The norm system itself is related to the principles, norms, rules of the legislation itself. The approach of examining statutory regulations aims to find out how consistent and appropriate the laws are with the legal problem or case being studied. Data collection techniques are a way of recording events or information, characteristics and all forms of information that describe the object of research. The results of research on interfaith marriages according to Islamic law as contained in the Word of Allah, Surah al-Baqarah verse 221, have confirmed that interfaith marriages are absolutely forbidden, apart from that, if you continue to carry out an interfaith marriage, many disputes will arise in the household because both partners have different opinions and beliefs. Interfaith marriage in Indonesia is a reality that continues to occur even though state law and religious law expressly prohibit it. In fact, if you look closely, Law no. 39 of 1999 concerning Human Rights in Indonesia does not explicitly regulate interfaith marriages. On the issue of more detailed marriage regulations, including the issue of interfaith marriages, Human Rights still returns it to the applicable laws and regulations, which in this case the Marriage Law in Indonesia is Law no. 1 in 1974.

Arab-Latin American Literary Perspectives on the Palestinian Exile

Latin America has been deeply involved in the Israeli-Palestinian conflict, with some countries taking a firm stance for one side or the other. While some countries have been vocal in their support, common threads run through the region’s perspective on the conflict: believing in the importance of a two-state solution and focusing on human rights. But beyond the political and economic support provided to the Palestinian cause, Latin American countries have also served as cultural exclaves and safe spaces for Palestinian communities across Latin America. In this essay, we aim to delve into the functions of these cultural exclaves for Palestinian exiles and safe spaces for Palestinian diasporic communities, as well as their impact on the Israeli-Palestinian conflict, as reflected in the following texts: Miguel Littin’s documentary film Crónicas palestinas: caminos de la ira (2002) and his drama film La última luna (2005), Alberto Nazal’s Beit Jala Forever (2006), and the collections of Arab and Jewish short stories in Spanish complied in the books Caminos para la paz (2007), edited by Ignacio López-Calvo and Cristián H. Ricci, and Delta de las areas (2013), edited by Rose Mary Salum. [Article copies available for a fee from The Transformative Studies Institute. E-mail address: journal@transformativestudies.org Website: http://www.transformativestudies.org ©2024 by The Transformative Studies Institute. All rights reserved.]

Study of Living Law and its Implication in the Formation of the Criminal Code (KUHP) in the Era of Decentralization of Indonesian Laws

This study explores the implications of living law in the formation of Indonesia's Criminal Code during the era of legal decentralization. Living law, comprising unwritten customs and traditions, continues to play a vital role in many Indonesian communities, particularly in the context of criminal justice. The research employs a juridical analysis and case study approach, focusing on regions where adat law (customary law) significantly influences legal practices. The findings reveal both the benefits and challenges of integrating living law into the formal legal system. While living law enhances cultural relevance and community-based justice, it also introduces concerns about legal fragmentation and potential conflicts with national human rights standards. The study recommends selective incorporation of living law into the Criminal Code, along with efforts to codify regional customs to ensure consistency and legal certainty. This research contributes to the ongoing debate on legal pluralism in Indonesia, offering insights into the future of criminal law reform in a decentralized system.

Implementation of the Death Penalty for Narcotics Criminal Offenders in the National Criminal Code From A Human Rights Perspective

The WvS Penal Code and the 2023 Penal Code still maintain the death penalty as a last resort in dealing with serious crimes. One of them is narcotics crime which is still a problem for Indonesia and other countries. so that in its eradication and handling requires cooperation with other countries. In the enactment of Law Number 1 of 2023 concerning the Criminal Code, where the death penalty is still enforced. The selection of penal means in tackling crime to obtain a deterrent effect for the community and for the convict himself so as not to commit a criminal offense again (preventing repetition of criminal acts). The emphasis is on repressive efforts against criminals. This research uses juridical-normative method. The maintenance of the death penalty is a criminal law policy in tackling serious crimes as a preventive and repressive effort.

COVID-19 and Female Genital Mutilation/Cutting and child marriage: An online multi-country cross sectional survey.

Female Genital Mutilation/Cutting (FGM/C) and child marriage are prevalent in many countries in Asia and Africa. These practices are a violation of human rights and have significant impacts on the physical and mental well-being of those affected. COVID-19 restrictions such as lockdowns and closure of schools may have influenced the occurrence of FGM/C and child marriage. This analysis reported on the impact of these restrictions on FGM/C and child marriage. The International Sexual Health And REproductive Health (I-SHARE) research team organised a multi-country online survey. Sampling methods included convenience samples, online panels, and population-representative samples. Data collected included the impact of COVID-19 restrictions on the occurrence, intention to practice and change in plans to organise FGM/C and child marriage. Data were analysed from 14 countries that reported on FGM/C and child marriage using basic descriptive statistics. Given it was an online survey, we had more responses from urban areas. Among the 22,724 overall participants, 8,829 participants (38.9%) responded to the survey items on FGM/C and child marriage and were included in this analysis. 249 (3.4%) participants stated that FGM/C occurred in their community during COVID-19. Out of this, COVID-19 affected the plans of 26 (20%) participants intending to organise circumcision and 15% of participants planned to organise FGM/C earlier. People with a worry about finances during COVID-19 were more likely to have an earlier plan to organise FGM/C during COVID-19. In total, 1,429 (13%) participants reported that child marriage occurred in their community. The pandemic affected plans of 52 (13%) participants intending to arrange child marriage and 7.7% (29/384) participants expressed intent to arrange the marriage sooner than planned. People with financial insecurities during COVID-19 were more likely to arrange a child marriage earlier. Thus, our study found that the pandemic impacted plans related to FGM/C and child marriage practices, resulting in many carrying out the practices sooner or later than initially planned.

Human Rights Review on Age Limitation of Candidates for Regional Heads

Constitutional Court Decision Number 70/PUU-XXII/2024 is the result of a judicial review of Law Number 10/2016 on the Second Amendment to Law Number 1/2015 regulating the minimum age limit for regional head candidates. The regulation is discriminatory because it limits the political participation of younger individuals. This article seeks to critically answer how human rights studies view the age limit in Constitutional Court Decision Number 70/PUU-XXII/2024. The method used in this research is a normative legal research method with an analytical-critical approach and case studies that prioritize human rights aspects. The Constitutional Court explained that although age restrictions can be justified, this policy must be evaluated periodically to ensure its relevance and suitability with the evolving social and political dynamics. The Constitutional Court also emphasized the importance of flexibility in this arrangement, in order to avoid age discrimination that could harm certain groups, especially the potential younger generation. Public policies must be responsive to demographic and social changes, including in terms of political participation. This policy should be aligned with the principles of equality and human rights, and should take into account the ability and integrity of candidates without being hampered by rigid age limits. Therefore, recommend a policy that is more flexible and responsive to social dynamics. ___ References Books with an author: Al-Mahalli, J., &amp; As-Suyuthi, J. (2018). Terjemahan Tafsir Jalalain Jilid I, Jakarta: Senja Media Utama. Jalaluddin al-Mahaly, A., &amp; Jalaluddin as-Suyuthi. (1998). Tafsir al-Qur’an al-Karim. Beirut: Daar al Fikr. Journal articles: Anggreni, D., Fuadi, A., Fitriyani, F., &amp; Al-Kautsar, M. I. (2024). 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Climate change on the board: navigating directors’ duties

ABSTRACT A noteworthy trend within the surge in corporate climate litigation is the increasing focus on personal responsibility of corporate directors. In 2023, ClientEarth commenced a derivative claim against Shell and its directors in the English courts, arguing that those directors were in breach of their directors' duties under the Companies Act 2006. This article analyses the claimant's arguments, examines the basis upon which the court dismissed the claim and identifies the procedural challenges that are likely to be faced by future claimants in commencing similar claims. In light of the rising trend in shareholder activism, coupled with the ever-increasing regulatory requirements to strengthen corporate human rights and environmental performance, the article anticipates further attempts to bring derivative claims against directors for failing to take action to address climate change risks. It provides suggestions for the sorts of arguments that may have greater prospects of succeeding before the English courts.

Pendekatan Non Penal Dalam Penanggulangan Kekerasan Seksual Verbal Anak

Introduction: Child verbal sexual crimes are still a serious problem and this is a social disaster that worries society. This condition demands the protection of children.Purposes of the Research: This study aims to analyze and discuss whether the non-penal approach is effective in dealing with child verbal sexual violence and what non-penal approaches can be used in tackling child verbal sexual violence.Methods of the Research: The research method used is an empirical juridical research type. The research locations are the Gasira Maluku Foundation, Ambon 1 Public High School, Ambon 4 State Vocational School and the National Commission on Human Rights. Polulation, research samples of Gasira assistant staff, counseling teachers at SMA Negeri 1 Ambon, counseling teachers at SMK Negeri 4 Ambon and Komnas HAM analyst staff. Data collection through observation and interviews. Data processing and data analysis using qualitative methods.Results of the Research: The results of the study show that the non-penal approach is not yet effective in tackling child verbal sexual violence. This is because children's verbal sexual violence still occurs in schools and in society and is considered something that is normal or usually done to children. Even though verbal sexual violence is sexual violence that is carried out in a non-physical form against children, which is related to parts of the child's body and is related to sexual desire, resulting in intimidation, humiliation, humiliation, or embarrassment. Besides that, the lack of knowledge of school children, parents and the community regarding verbal sexual violence because they do not know what forms, impacts and non-penal approaches and penal approaches in dealing with child verbal sexual violence include. Forms of a non-penal approach that can be used in tackling child verbal sexual violence, namely conducting training, outreach to children and providing counseling and social education in order to develop sensitivity and social awareness of the community regarding the impacts that can arise from acts of child verbal sexual violence, the formation of the individual character of a group or community by providing moral education, religious education and handling child verbal sexual violence by the school and in the community through reprimands and advice to perpetrators not to commit violence and assistance to children as victims of verbal sexual violence.