Human Rights Research Articles

Unpacking Human Rights: Freedom of Consciousness, Bodily Autonomy & Right to Life in the Context of War on Drugs Crimes

Abstract This study explores the interplay between the right to life, right to development, bodily autonomy and freedom of conscience, and demonstrates how these factors collectively shape the concept of freedom of consciousness and simultaneously lead to increased access to altered states of consciousness, cognitive liberty, freedom of development, and the peak experiences that Abraham Maslow researched. Second chapter delves into the intersection of human rights and drug policy, specifically examining the implications of the War on Drugs on individual freedoms. It argues that the War on Drugs has led to a violation of fundamental human rights, including cognitive liberty, bodily autonomy, and the right to life. Through an analysis of international human rights law and case studies from around the world, the paper demonstrates how drug-related crimes have resulted in mass incarceration, violence, and human rights abuses. It also explores decriminalization of drug use, end of War on Drugs and criminalization of its’ crimes. The research results provide insights into the interrelation between these three concepts, shedding light on how they intersect and influence each other and in context of War on Drugs hostile environment. Findings also suggest that the War on Drugs has resulted in a significant violation of fundamental human rights.

“Human Rights And Social Justice In India: Challenges, Progress, And Pathways To Equity”

Human rights and social justice are foundational concepts for a just and equitable society, ensuring that all individuals receive fair treatment, dignity, and equality. In India, the principles of human rights and social justice are central to addressing widespread socio-economic inequalities, cultural diversity, and the challenges posed by a complex legal and social landscape. This article explores the evolution, implementation, and ongoing struggles of these concepts within the Indian context. It delves into key challenges such as poverty, caste discrimination, gender inequality, and access to resources, which continue to hinder the realization of equitable rights for all citizens. By examining legislative measures, policy reforms, and community-led initiatives, the article highlights India’s progress toward inclusive development while acknowledging persistent gaps. Through a comparative and analytical approach, the study proposes pathways for achieving greater equity and recommends actionable strategies for strengthening India’s commitment to human rights and social justice

The European Court of Human Rights’ Case Law on the Rights of Judges in the cee States – Towards A Rule of Law Standard?

Abstract Recent examples from the case law of the European Court of Human Rights and the Court of Justice of the European Union show that judicial independence across Europe is still under stress in certain countries. In the last four years, a rich body of jurisprudence has been developed by the ECtHR around the rights of judges: right to a fair trial, right to privacy, freedom of expression, right to liberty and security. These cases comprise a vital component of the rule of law references by the Strasbourg Court, which became more willing to include the protection of the rights of the members of the judiciary in the Convention’s application sphere. The attacks against judicial independence at the origin of these cases are diverse, and there is no unique recipe for how to respond. The article posits that this jurisprudence can become one of the criteria to assess a state’s compliance with the rule of law requirements. However, the results still depend too much on the political will of the states concerned.

“Humanitarian Intervention” Concept in Crises Conditions Facing the International Community: Principles, Objective, Achievements

The humanitarian intervention concept has undergone great changes last decades, especially with disappearance of the “classical” East-West confrontation which prevents this concept implementation in practice in the pressing need context to ensure minimum functioning of the rule of law main institutions. This tendency is dictated by several factors, not only the legal nature but largely psychological, sociological and ultimately humanistic. Experts in international human rights law have noted and continue to emphasize that international law is reoriented to the natural person interest, often to the detriment of the states interests thereby influencing the very institution of international law subjects. However, the legal argumentation of the humanitarian intervention is closely related to the system functionality interpretation of international law principles, the topic that is traditionally debated between the adherents of classical “state sovereignty” and human rights concept in one form or another supranational.

History and Development of Death Sentencing in Indonesia: Current Policy and Regulations

The controversies on death sentencing are not new. The debates over the existence of death sentencing policies and regulations can be flashed back to the existence of human beings. Many instruments have been created, discussed, and agreed upon to protect the use of death penalty sentencing through manifesting human rights. Death sentencing, under the current view, cannot be seen and treated outside the scope of human rights issues. Indonesia has issued Law No.1 of 2023 regarding the Criminal Code. Meanwhile, many countries have tried to abolish the use of death sentencing, and this new law on criminal law has incorporated death sentencing in its provisions and applications by courts. The research aims to discuss the death sentencing policies and regulations in Indonesia before and after the new Criminal Code issuance in 2023. The research is normative legal research that discusses death sentencing in Indonesia. The data used in this research are secondary, which consists of primary, secondary, and tertiary legal sources. Primary legal sources will consist of laws and regulations that were and are currently applicable. Secondary legal sources are writings and journal articles that discuss death sentencing in Indonesia, besides Law No.1 of 2023. Tertiary legal sources are other sources outside the above scope that may be useful to provide more understanding of the subject matters, such as web-based sources. Analysis was conducted using a qualitative approach to describe and explain the conceptual norm and its application to death sentencing. Findings and discussion proved that irrespective of the debate over the morality of death sentencing, Indonesia still recognized the use of death sentencing in some instances, such as premeditated murder, corruption, terrorism, narcotics, and illegal drug trafficking. They came from court decisions that followed prior laws and legislations before promulgating the new Criminal Code 2023.

Why Would a Government Establish a Strong Police Oversight Agency? A “Genetic and Diffusion” Perspective

ABSTRACT Why would a government introduce a strong external oversight mechanism over its own administration? Independent Police Oversight Agencies (POAs) have been established to better protect human rights. Using a novel data set of 27 POAs, we examine two dimensions of their strength: de jure and de facto independence. Their best predictors are the de jure independence of judges or prosecutors, the budget of the judicial system, and the push by the international environment. This lends support to a “genetic-and-diffusion” model for explaining the strength of POAs combining two logics (genetic/culture and diffusional/tactical) operating at two levels (national and international).

The Essence of the Right to Property under Art 1 of Protocol 1 to the echr: An Inviolable Core or a Purely Symbolic Concept? Cases from Central and Eastern Europe revisited

Abstract It is inherent to the fundamental right to property that far from being absolute, the owners’ rights may be limited in the general interest. As exemplified recently by unprecedented closures of restaurants and other businesses due to the covid-19 pandemic, also large-scale and far-reaching limitations are broadly deemed justified. The outer boundary of these limitations appears to be the essence of the right, which may not be impinged upon. Yet, both this very term and its scope are fiercely contested. This article, thus, revisits the “essence” of a fundamental right in the context of the European Convention on Human Rights. Drawing on the example of the right to property under Art 1 of Protocol 1 (P1-1) to the echr, this contribution expounds the prevailing approaches to the essence of fundamental rights and highlights the discrepancies between the formally adopted absolute approach to the essence as a purportedly inviolable core and the relative understanding of this concept which sees it as part of the fair-balance test. As the ECtHR case law makes room for virtually any interference with P1-1 including expropriation without any compensation, it will be argued that an untouchable or pre-established essence is not a concept attributable to the right to property under the Convention. It is maintained, however, that the limited scope of the essence is consistent with the underlying principles of the Convention as well as the intrinsic social function of private property.

Penolakan Kebijakan Relokasi dan Implikasinya terhadap Hak Asasi Pedagang di Cisoka, Kabupaten Tangerang

This study examines the rejection of the relocation policy stipulated in PERBUP Kabupaten Tangerang No. 60 of 2016 by traders in the Cisoka District. Findings indicate that the majority of traders oppose the policy due to the prohibition of street vendors (PKL) in the new market and the imposition of fees for public access. This situation significantly impacts the traders' income, potentially lowering their standard of living. The rejection reflects human rights issues, specifically the traders' right to work and earn a decent living. Dissatisfaction arises from a policy that lacks support and imposes access fees on the public. The study emphasizes the importance of involving traders in the formulation of policies affecting their livelihoods. The government is urged to review the relocation policy to be more inclusive and consider the aspirations and needs of the community. Overall, this research provides insights into the negative impacts of relocation policies that do not take into account the needs and rights of traders, highlighting the necessity of a fairer and more sustainable approach in policy-making to support the overall welfare of the community.

Lawyers Beyond Borders: Advancing International Human Rights Through Local Laws and Courts by Maria Armoudian (review)

Lawyers Beyond Borders: Advancing International Human Rights Through Local Laws and Courts by Maria Armoudian (review)

Challenges Linked to Post-Polio-Paralysis in Khyber Pakhtunkhwa Region

Background: Poliomyelitis is a highly infectious viral disease often causing permanent paralysis. Post-Polio Paralysis (PPP) involves the delayed onset of new or worsening neuromuscular symptoms years after the initial attack. Polio survivors face numerous physical disabilities and significant social, financial, and human rights barriers. Aims: To identify the challenges faced by individuals with PPP in the Khyber Pakhtunkhwa region. Methods: The study employed a cross-sectional survey design with a sample size of n=200, selected through non-probability convenience sampling. Data were collected using the Post-Polio Clinic Questionnaire and analyzed with SPSS 22. Results: The gender distribution was 21.50% female and 78.50% male. New health and physical problems (neurological, arthritis, and physiological) were observed in 64.5% (n=129) of participants. Aggravated previous complications, such as pain, fatigue, and muscular atrophy, were reported by 91.5% (n=183). Difficulty performing heavy tasks was noted by 49.5% (n=99). Using public transport was a challenge for 46.5% (n=93), and driving a car was deemed impossible by 70% (n=140). Using an Indian commode as a toilet was a complication for 58% (n=116) of participants. Conclusion: The study reveals significant health and daily life challenges for polio survivors in Khyber Pakhtunkhwa, including a high prevalence of new and worsening neuromuscular symptoms, aggravated complications like pain and fatigue, and difficulties with heavy tasks, public transport, driving, and using certain toilets. These findings underscore the urgent need for targeted interventions to improve the quality of life for polio survivors by addressing their physical health and social and financial barriers.

Rights for nature or protecting people’s rights?: The operationalization of rights of nature in non-indigenous communities in the United States

As the Rights of Nature movement gains political traction globally, researchers must examine how this transnational movement to extend rights to nature or natural entities is being operationalized in place. Proponents of the rights of nature contend transferring rights to nature constitutes a paradigm shift in human-environment interactions and will lead to solutions directed at the root causes of environmental problems. Critics contend that these rights-based governance structures have the potential to do more harm than good for environmental protection depending on the cultural and legal frameworks within which rights of nature are enacted. In this paper, I examine how rights of nature have been operationalized in non-Indigenous communities in the United States through an analysis of rights of nature ordinances passed in these communities between 2006 and 2020. Drawing on theoretical engagements with rights I demonstrate how the reliance on universalizing human rights frameworks and anti-corporation rhetoric both distinguish these ordinances from the broader rights of nature movement and center the rights of people to have access to a clean environment rather than the intrinsic rights of nature. In conclusion, I explore alternatives to how rights of nature are currently operationalized in non-Indigenous communities in the United States and call for increased research on the implications and impacts of rights of nature ordinances to assess whether they achieve their stated goals.

Does Perception Determine Knowledge? Evaluation of the Implementation of Historical Thinking as a Factor for Socio-Cultural Sustainability

Historical thinking plays a key role in the education of critical citizens who are committed to the world in which they live. Socio-cultural sustainability promotes respect for one’s own cultural roots (and those of others), averts the consequences of cultural homogenisation and fosters identification with fundamental values and human rights. The main objective of this study is to analyse the consistency between the perception of teaching–learning processes and the historical knowledge of secondary school students following the implementation of a teaching unit based on the methodological theory of historical thinking. A quasi-experimental design with a non-equivalent control group was applied to 93 baccalaureate students (16–18 years of age) from the Region of Murcia (Spain). Two teaching units with different methodologies (experimental and control) were developed and compared. The results show a moderate degree of consistency between perceptions and knowledge in some variables in the analysis of the experimental group. Thus, it can be stated that historical thinking as a methodological theory contributes to promoting the idea of multiculturalism and has good academic results in terms of historical learning. In conclusion, the role of historical thinking as an influential factor in the perception and acquisition of knowledge is clear. In addition, it helps to preserve socio-cultural sustainability via community participation, the promotion of social justice and respect for other cultures.

ENHANCING ENVIRONMENTAL TRANSPARENCY IN UZBEKISTAN: LEGAL PERSPECTIVES FROM THE AARHUS CONVENTION FRAMEWORK

This article examines the potential of the Aarhus Convention as a framework for enhancing transparency and upholding human rights in Uzbekistan. As Uzbekistan faces pressing environmental challenges, including pollution and climate-related risks, transparency in environmental governance is critical. Through policy analysis and legal review, this study assesses how Uzbekistan’s current legislation aligns with the Convention’s requirements on information access, with Kazakhstan’s experience serving as a comparative example. Findings reveal significant gaps in Uzbekistan’s transparency framework, particularly in timely access to data, public engagement, and legal accountability, underscoring the importance of adopting the Aarhus Convention. The study provides recommendations for Uzbekistan to bridge these gaps, aiming to strengthen transparency, enhance environmental data availability, and foster public trust in environmental decision-making.

Judicial Activism and Comparative Analysis of Suo Motu Notices Taken by Chief Justice Saqib Nisar and Iftikhar Chaudhry

This research study explores the concept of judicial activism and conducts a comparative analysis of the Suo moto notices taken by Chief Justice Saqib Nisar and Iftikhar Muhammad Chaudhry, two prominent Chief Justices of the Supreme Court of Pakistan. Judicial activism refers to the proactive role of the judiciary in addressing societal issues and promoting social justice, often through the use of suo moto notices, where the court takes cognizance of a matter on its own initiative, The comparative analysis has focused on the similarities and differences in the approach, scope, and impact of the suo moto notices taken by Chief Justice Saqib Nisar and Iftikhar Muhammad Chaudhry during their respective tenures. This research study has examined the key areas of intervention, such as human rights, governance, public welfare, and accountability, This study has utilized a qualitative research methodology, including a comprehensive review of relevant literature, case analysis, and comparative examination of the judicial decisions and outcomes, This research study found that excessive and miss use of Suo moto power has badly affected political system of the country, This research study recommends that judiciary should play a balance role in order to have in effective federal parliamentary democratic system in the country

The Impact of Legal Policies on the Enforcement of Human Rights in Indonesia

The Impact of Legal Policies on the Enforcement of Human Rights in Indonesia

Environmental Human Rights: New Thinking from Latin America and the Caribbean by Mario G. Aguilera (review)

Environmental Human Rights: New Thinking from Latin America and the Caribbean by Mario G. Aguilera (review)

Article: Artificial Intelligence and International Trade from a Latin American Perspective

The article explores the impact of Artificial intelligence (AI) on international trade, focusing on challenges and opportunities for developing countries, particularly in Latin America and the Caribbean (LAC). As AI advances, it creates regulatory challenges and ethical concerns, especially regarding human rights and public morals, which may lead to trade frictions not addressed by current international agreements. AI brings important benefits to countries, such as cost reductions and efficiencies, alongside challenges related to data privacy, competition, and security. For developing countries, adopting AI offers both opportunities and obstacles, with infrastructure and human capital constraints being significant hurdles. The article suggests flexible regulatory approaches to attract investment, promote digital services exports, and ease cross-border data flow. While global trade discussions, particularly within the WTO, are addressing AI-related issues, regional agreements have made more progress. These agreements lack however comprehensive coverage and effective dispute resolution. It is important for LAC countries participating in international negotiations to ensure their interests are represented and to help shape global digital governance standards, enabling them to fully benefit from AI.

Risk Based Regulation in Quality Assurance: Selection of (and Benefits Experienced by) Registrants Undertaking Regulator-mandated Peer Review

ABSTRACT: Purpose: To identify risk and protective factors associated with physician performance in practice; to use this information to create a risk assessment scale; and, to test use of the risk assessment scale with a new population of assessed physicians. Design: Physician assessments that were completed by community-based physicians between March 2016 and February 2022 (n =2708) were gathered to determine what professional characteristics and practice context factors were associated with poor peer practice assessment (PPA). The predictive capacity of the resulting model was then tested against a new sample of physician assessments completed between March 2022 and February 2023 (n =320). Results: N=2401 physicians were eligible for inclusion in a logistic regression analysis, which resulted in an empirical model containing 11 variables that was able to account for 21.6% of the variance in the likelihood of receiving a poor PPA generated by the College of Physicians and Surgeons of British Columbia. The resulting model, when tested against 320 new cases, was able to predict good versus poor PPA performance with a sensitivity of 0.79 and specificity of 0.75. Not having undertaken peer review (OR=1.47) created a risk like that arising from a full decade passing since completion of medical school (OR=1.50). Conclusion: In addition to being the largest known study of its type, this work builds on similar studies by demonstrating the capacity to use regulator-mandated peer review to empirically identify physicians who are at risk of substandard performance using factors that are safe from claims of violating Human Rights Codes; that emphasize modifiable aspects of practice; and that can be readily updated to account for change over time.

Women's attitudes towards intimate partner violence in Guyana: a population-based study

Intimate partner violence (IPV) against women is a global health issue and a breach of human rights. However, the literature lacks understanding of how socioeconomic and geographic disparities influence women's attitudes toward IPV in Guyana over time. This study aimed to assess trends in women's attitudes about IPV in Guyana. Data from three nationally representative surveys from 2009, 2014 to 2019 were analysed. The prevalence of women's attitudes about IPV was assessed, specifically in response to going out without telling their partners, neglecting their children, arguing with their partner, refusing sex with their partner, or burning food prepared for family meals. A series of stratified subgroup analyses were also completed. We assessed trends in IPV using the slope index of inequality (SII) and the concentration index of inequality (CIX). We used multilevel mixed-effects logistic regression to assess factors associated with women's attitudes justifying IPV. The prevalence of women's attitudes justifying IPV for any of the five reasons declined from 16.4% (95% CI: 15.1-17.8) in 2009 to 10.8% (95% CI: 9.7-12.0) in 2019. Marked geographic and socioeconomic inequalities were observed among subgroups. The SII for any of the five reasons decreased from-20.02 to-14.28, while the CIX remained constant over time. Key factors associated with women's attitudes about IPV were area of residence, sex of the household head, marital status, respondent's level of education, wealth index quintile, and the frequency of reading newspapers/magazines. From 2009 to 2019, Guyana was able to reduce women's attitudes justifying IPV against women by 34.1% and shortened subgroup inequalities. However, the prevalence remained high in 2019, with persisted inequalities among subgroups. Effective strategies, including the use of media to raise awareness, promotion of community-based approaches, and educational campaigns focusing on geographic and socioeconomic disparities, are essential for continuing to reduce the prevalence of IPV and associated inequalities. The study was funded in part by the National Institutes of Health, Fogarty International Center grant number D43TW012189.

Knocking Down the Pillars of Democracy in Europe: Politicisation of Science and Law in Response During COVID-19

Abstract The European Parliament has stressed on numerous occasions in public documents and speeches its non-conditional support for the principles of democracy, the rule of law, good governance, respect for human rights and fundamental freedoms. Yet as the pandemic has developed these principles have not been defended by various member states of the EU, being traded for public health and public good. This presentation seeks to critically analyse the content of key rhetoric and narratives from the outbreak of the pandemic until the present time through public statements that shall be contrasted against the “unconditional principles” above within the theoretical frame of Situational Crisis Communication Theory. Attention shall be paid to key political officials and understand the role of mainstream mass media and social media as gatekeepers of the orthodoxy of knowledge established. Orthodoxy of knowledge is group consensus on defining and constructing ‘realities’ in the physical realm, even when the consensus is coerced. Given the increasing lack of scientific debate, which is a fundamental element of good scientific practice, and the use of heavy handed and largely unsuccessful responses to the virus (such as lockdowns, vax passports and vaccination campaigns), Europe (not only) is in a precarious position in terms of its societal principles and practice. Crisis management is expediently rushed through face of fear and time constraint based upon a lack of consideration for the consequences and long-term effects, some of which are already emerging but being silenced. Hence a creeping crisis of significant psychological and physical impact is in the making.