Humanitarian Rights Research Articles

Is There a Need to Expand the Refugee Definition?

This article examines the urgency of protecting against displacement caused by climate change under international law and questions why Rohingya displacement has not been resolved even though it has been protected by international law, whether the harmonization of human rights approaches, national law, and international law towards refugees and climate refugees. This paper uses a literature review method and a normative legal approach by reviewing national and international human rights law. The findings of this paper suggest that many Rohingya continue to flee to safer countries, often taking enormous risks, including dangerous ocean crossings. The impacts of climate change can be categorized as persecution; the Refugee Convention requires that such persecution be due to race, religion, nationality, political opinion, or membership of a particular social group. Persecution alone is not enough. The difficulty is that the impacts of climate change are largely indiscriminate and not related to specific characteristics such as a person's background or beliefs. The Rohingya people have experienced violence, discrimination, and persecution for decades, and the international community has failed to protect them effectively. The international community has allowed Myanmar to carry out genocide against the Rohingya without taking any action, even though United Nations member states are obliged to protect their population from genocide, war crimes, ethnic cleansing, and crimes against humanity. National, international, and human rights laws play an important role in determining the legal status and rights of refugees in a country. All three must be embedded and integrated, starting from international law and its derivatives to national law, which contains humanitarian rights.

Pandemic techno-politics in the Global South

Brazil has been standing out as one of the worst places on Earth to be during a global health crisis, especially for those whose struggle for basic humanitarian rights is already routine. How do the political environment and historical inequalities in countries like Brazil affect the ways in which public policy and technologies are framed as responses for the pandemic crisis? In this paper we aim to present the sequence of actions and omissions in the fight against sars-cov2 in Brazil, concentrating on measures based on the use of digital technologies and the sociotechnical arrangements unfolding in materialities that give shape to such measures. We will also discuss possible repercussions of the widespread adoption of surveillance technologies as a quick fix to the effects of the pandemic. Our focus is to explain how the materiality of the virus and its political as well as territorial effects are combined with digital technologies as responses (or lack of them) in the fields of healthcare, education, communication and labour in the context of the Global South.

Failure to Protect

Implementation mechanisms within International Law and their failure to act upon situations they were created for are much debated topics in the academic community. There are multiple examples of International Humanitarian Law and International Human Rights Law failing, across the world, in its objective of (a) creating an international obligation to prevent its violations and (b) implementing its principles via compliance mechanisms that do not exist. What is extremely worrying about this is that, although certain western nations support creating these norms, they do not have the political will to uphold them. Even though International Law has multiple implementation mechanisms, they have failed to enforce the de jure principles they have established. Nations across the world are well-aware of the lack of realistic implementation mechanisms within the International Law system but have kept this as a subject of only debates in the United Nations Human Rights Council and international conferences held under the ambit of the International Committee of the Red Cross. The failure of International Law in protecting Human Rights is due to the latent nuances of its colonial nature, which are stitched into the fabric of Public International Law. Countries that have created these norms, have created them with the aim that these norms should fail to apply to them. The paper argues that Public International Law has an intrinsic colonial nature, created for the twin purpose of loot and then acting as a justification for the same. The paper further argues that International Human and Humanitarian Rights regimes form a smokescreen for International Economic Law and allows it to operate in its shadows without much notice. To reinforce this argument, the paper uses Marxist theory of ideology critique, which states that law works as a disguise for the real processes at work, within the International legal system. The real forces at work remain unknown, while contemporary debate focuses on Public International Law and its failings (Danilenko 1999). It is essential to understand the fundamental issue this structure boils down to, i.e., the Great Powers can direct any action they desire with no fear of consequences, while other countries have no recourse due to the difference in economic and military might. This intrinsic colonial nature of International Law exists in an apparatus that tries to maintain the status quo with the Great Powers at the top.

The Dynamism of International Law in Politics: An Appraisal of Russo-Ukrainian War

The dynamism of international law when enmeshed in politics is critical especially when superpowers are involved in the violation of international humanitarian and human right laws. The Russia invasion of Ukraine is a vivid example. Russia’s invasion of Ukraine which commenced on 24 February 2022 represented just the latest, albeit most devastating, intervention in a neighbouring former Soviet state. In the effort to examine that, our aims are to critically assess the dynamism of international law in politics through the analysis of the forceful invasion of territorial integrity of Ukraine by Russian government under the leadership of Vladimir Putin in order to underscore the potency of international law when the political interests of a superpowers are involved. In that regard, the paper employed the political realism theory of international relations in the effort to give the work a trajectory narrative. Secondary method of data collection and historical content analysis approach were employed in the collection and analysis of the phenomenon understudy. One of the key findings of this paper is that indeed Russia violated the sovereignty of Ukraine and therefore violated the rules of international law and as a superpower nation the global community seems confused or carefully handling the war in order to avoid the occurrence of another world war. Russia being the current president of the Permanent Members of the UN left the entire nations concerned with worries over the violation of human and humanitarian rights of the Ukrainians. Based on our findings, one of the recommendations put forward is the urgent need for all member states of the UN to take steps to end the conflict as soon as possible in a way that all the interests of the parties are considered. They should comply strictly with the rules of international human right laws and international humanitarian laws to ensure the protection of civilians.

Relação dialógica entre direitos humanos e direitos humanitários: demanda histórica da pobreza infantil

The text addresses the necessary dialogical relationship between the fields of human rights and humanitarian rights, which translates unresolved and aggravated historical demand in the current world scenario. The aggravation of contemporary risk factors, both in evidently dangerous contexts, such as territories at war, areas affected by natural disasters, endemic diseases and pandemics, to which extreme poverty is added, require humanitarian attention and protection. However, in these and other circumstances, there are always groups that are more vulnerable than others, whose human rights are violated and for whom intersectoral actions to guarantee human rights need to be strengthened. The study was developed through a methodological course of narrative review, a study integrating bibliographic and documentals sources, in the analysis of the cut of three characterizers: child poverty, human rights and humanitarian situation.

MIGRANT WORKERS AT MALAYSIAN CONSTRUCTION MARKET: A CRITICAL ANALYSIS OF THEIR FACING DIFFICULTIES

Migrant workers play a significant role to the economy and social development of Malaysia. Most of these employees are working at the construction industry which is known one of the highest hazardous working zones in the globe in terms of personal safety and health. The construction activities comprise various building performances, such as concreting, plastering, paving, bricklaying, painting and other related works. The local people are not much interested to work at this sector. Consequently, Malaysia requires hiring more foreign workers in order to continue the growing demands of building schemes. However, the working situations for those migrant workforces are often challenging but these do not hinder them from working. The aim of this study is to identify and examine some difficulties which are facing by migrant workers in Malaysia. The qualitative method has been used in gathering and analysing of data of this research. This research has found that migrant workers do not achieve some basic legal and humanitarian rights at construction sector in Malaysia. It is submitted that a proper step should be taken to minimise the identified challenges to protect the rights of migrant workers and to influence them to continue working at construction industries in Malaysia.

Assessment of Risk Factors and Obstetric Outcome of Adolescent Pregnancies Through a Prospective Observational Analysis.

Background Adolescence is the most crucial stage of life. Early marriage and teenage pregnancy infringe on adolescent girls' social and humanitarian rights. Moreover, it leads to school dropouts and decreased self-autonomy. Through this study, we aimed to analyze the risk factors and obstetric and neonatal outcomes resulting from adolescent pregnancies conceived by Indian girls less than 20 years of age. Materials and methods It was a prospective observational study conducted over a period of two years. Consecutive consenting adolescent mothers visiting the antenatal clinic or the delivery wards were recruited into the study. Adolescent pregnancies constituted all pregnancies where the maternal age was between 14 and 19 years at the time of presentation. Participants were followed prospectively till delivery and postpartum visit at six weeks to assess the obstetric and puerperal outcomes. Treating obstetricians asked about the causes responsible for current teenage pregnancy. At the time of delivery, data pertaining to antenatal complications, pregnancy outcome, mode of delivery, and birth weight were noted. All women were counseled for postpartum contraception at the time of delivery. Compliance with postpartum contraception was noted, and reasons for non-acceptance were asked. Results A total of 133 antenatal women in the adolescent age group were recruited during the study time frame. The mean age at the time of delivery was 18.4 years. Most of the women were educated between the sixth and 12th standards and belonged to the upper-lower economic class. Early marriage, increased family pressure, and school dropout at a young age were the predominant risk factors for teenage pregnancy in the study population. The majority of them suffered from anemia. Pregnancy-induced hypertension, hypothyroidism, fetal growth restriction, and oligohydramnios were a few other complications seen in adolescent pregnancies. Despite counseling, only 33.8% of adolescent mothers accepted postpartum contraception (any of the standard methods). Conclusion Pregnancy has concerning health consequences on adolescent girls and their babies. For example, adolescent mothers face increased risks of pregnancy-induced hypertension, obstructed labor, and puerperal sepsis. So, it is time to create awareness through mass educational campaigns and widespread family planning services.

Child Trafficking Leading to Child Labor in India

Enslavement is traditionally associated with human smuggling, which entails the selling and transport of human people as animals, seeing them as objects that may be traded and purchased. Modern slavery is the act of recruiting, transferring, transporting, harbouring, or receiving a child below the age of 18 for exploitation purpose. The Indian constitution expressly outlaws child trafficking and slave labor, and both violations are penalised under Art 23(1) of the Indian Constitution. Unemployment, a scarcity of work and school possibilities, the disintegration of social systems, and other factors contribute to child trafficking. According to international law, trafficking individuals cannot be prejudiced against solely because they are non-nationals. Humanitarian Rights extends to everybody inside a Particular geographical region or authority, irrespective of nationality or status or how they arrived there. Anti-trafficking actions must be taken globally, particularly in human smuggling areas, both remote and metropolitan.

Non-Adherence to Human Rights and Humanitarian Laws in the Conduct of Armed Conflict in Yemen

To protect the properties, lives, and dignity of human persons worldwide, the International Humanitarian Law seeks to uphold and promote Human Rights Law and other international frameworks regulating the rights of civilians and parties to armed conflict. The conduct of parties to the armed conflict who have grossly violated the combined provisions of International Human Rights Law and the International Humanitarian Law resulted in the persistence of armed conflict and warfare in Yemen, thereby crossing every access road to humanitarian rights and privileges. The researchers adopt the doctrinal methodology to investigate the status of warfare in Yemen, the provisions of the law on International Human Rights and Humanitarian Law, and the extent to which the parties to the armed conflict in Yemen break such laws. The International Humanitarian Law and the International Human Rights Law regulate the conduct of actors and parties in the armed conflict both in Yemen and the world at large. The finding of this studydemonstrates that all the participants in the conflict in Yemen violate the International Humanitarian Law. Therefore, they are accountable for such violations.The research recommends strict adherence and compliance to both the International Human Rights Law and the Humanitarian Law throughout the armed conflict in Yemen to have lasting peace. Furthermore, accountability for violations committed should be identified, and all actors in the armed conflict should be punished accordingly.

Humanitarian diplomacy and human rights in Latin America. Regional and civilizational specifics

The article is devoted to the study of the Latin American model of humanitarian diplomacy, the identification of its features and the analysis of regional human rights traditions. The specifics of the region, associated with indigenous peoples as beneficiaries of protection, civil conflicts and mass displacement, led to the development of original ideas about humanism and human rights. Latin America has become a pioneer in the formation of such humanitarian institutions as asylum, protection of displaced persons and victims of armed conflicts, and international humanitarian law. The article analyzes the negotiations of humanitarian actors to mitigate the crises in Central America. In the final part, the initiatives of the humanitarian diplomacy of Latin American states in the UN related to the protection of the rights of vulnerable groups – indigenous peoples, women, children, migrants, as well as the fight against violence and discrimination are considered. In conclusion, the author highlights the asymmetric nature of the Latin American model, which combines deep humanistic traditions and active human rights activities with manifestations of violence and inequality, narrowing the possibilities of diplomatic dialogue.

No common position! European arms export control in crisis

The European arms export control system is facing a dual crisis: An ongoing crisis of effectiveness has led to a crisis of legitimacy. In many ways, that crisis is a permanent one, where collective efforts to regulate a policy field and implement agreed-upon norms and rules fail to succeed. To explain the different layers of the European arms export control crisis, we draw on global governance research of International Relations and legalisation approaches of international law. The lack of effectiveness of the European Union Common Position on arms exports has become particularly visible in the two review processes where member states failed to agree on meaningful revisions. The Europeanisation of arms production adds additional pressure to the system, as member states differ in their national arms export licensing policy practices. In sum, these developments have led non-governmental organisations and civil society to protest and file successful court cases against arms export practices violating international humanitarian law and human rights law. The article also focuses on possible means of alleviating the crisis of European arms export control.

THE CONCEPT OF E-JUSTICE DEVELOPMENT IN EXTREME CONDITIONS: THE EXPERIENCE OF RUSSIA AND ABROAD

The purpose of the study. The article examines the problems of including electronic justice in the judicial activity in extreme conditions and the possibility of its implementation in the practice of protecting the constitutional rights and legitimate interests of individuals and legal entities in Russia and abroad. It is determined that, in accordance with UN General Assembly Resolution No. 74/306, adopted on September 11, 2020 at the 64th plenary meeting of the 74th session, “Comprehensive and coordinated responses to the coronavirus disease pandemic (COVID-19)”, States must ensure that all human rights are respected, protected and respected in the fight against the pandemic in full compliance with their obligations and obligations under international law, including international humanitarian law and international human rights law, which follows from the International Covenant on Civil and Political Rights (article 4). It is established that the legal mechanism of restrictions, including in the. Conclusion. As a result of the conducted research, it is determined that the main problem associated with the development of electronic justice is that at the state level it is necessary to improve the mechanism for the administration of justice in extreme conditions. The solution of this problem requires the creation of a scientifically based and confirmed by world practice algorithm for correcting the legal norms of the current federal legislation, which forms the organizational and legal mechanism of justice, ensuring its functioning in extreme conditions. The use of this approach makes it possible to summarize the accumulated world experience of “electronic justice” in extreme situations, as well as domestic federal and regional experience, and to incorporate legal norms into the current legislation in the digital reality with respect for the constitutional rights and legitimate interests of citizens to implement fair justice.

COVID-19 lockdown controls and human rights abuses: the socioeconomic and social marketing implications

Background: This work is a situation analysis of reported human rights abuses that have characterized the COVID-19 controls and lockdown in some countries of the world. This is as documented by reliable mass media sources, relevant international organizations and human rights non-governmental organizations between January 2020 to April 2020. Methods: A combined content analysis, critical analysis, and doctrinal method is applied in this study in line with the reproducible research process. It is a secondary-data-based situation analysis study, conducted through a qualitative research approach. Findings: The findings revealed among other things that: COVID-19 lockdowns and curfews’ enforcement by law enforcement officers contravened some peoples’ fundamental human rights within the first month. Security forces employed overt and immoderate forces to implement the orders. The lockdown and curfew enforcements were not significantly respectful of human life and human dignity. The COVID-19 emergency declarations in some countries were discriminatory against minorities and vulnerable groups in some countries. Research limitations/implications: This report is based on data from investigative journalism and opinions of the United Nations and international human rights organizations, and not on police investigations or reports. The implication of the study is that if social marketing orientations and risk communication and community engagement attitudes were given to the law enforcement officers implementing the COVID-19 lockdowns and or curfews, the human rights and humanitarian rights breaches witnessed would have been avoided or drastically minimized. Originality: The originality of this review is that it is the first to undertake a situation analysis of the COVID-19 lockdowns and curfews human rights abuses in some countries. The study portrayed the poor level of social marketing orientations and risk communication and community engagement attitudes amongst law enforcement officers, culminating in the frosty police-public relationships.

COVID-19 lockdown controls and human rights abuses: the socioeconomic and social marketing implications

Background: This work is a situation analysis of reported human rights abuses that have characterized the COVID-19 controls and lockdown in some countries of the world. This is as documented by reliable mass media sources, relevant international organizations and human rights non-governmental organizations between January 2020 to April 2020. Methods: A combined content analysis, critical analysis, and doctrinal method is applied in this study in line with the reproducible research process. It is a secondary-data-based situation analysis study, conducted through a qualitative research approach. Findings: The findings revealed among other things that: COVID-19 lockdowns and curfews' enforcement by law enforcement officers contravened some people's fundamental human rights within the first month. Security forces employed overt and immoderate forces to implement the orders. The lockdown and curfew enforcements were not significantly respectful of human life and human dignity. The COVID-19 emergency declarations in some countries were discriminatory against minorities and vulnerable groups in some countries. Research limitations/implications: This report is based on data from investigative journalism and opinions of the United Nations and international human rights organizations, and not on police investigations or reports. The implication of the study is that if social marketing orientations and risk communication and community engagement attitudes were given to the law enforcement officers implementing the COVID-19 lockdowns and or curfews, the human rights and humanitarian rights breaches witnessed would have been avoided or drastically minimized. Originality: The originality of this review is that it is the first to undertake a situation analysis of the COVID-19 lockdowns and curfews human rights abuses in some countries. The study portrayed the poor level of social marketing orientations and risk communication and community engagement attitudes amongst law enforcement officers, culminating in the frosty police-public relationships.

KEBIJAKAN PERLINDUNGAN ANAK BINAAN LEMBAGA PEMASYARAKATAN DI MASA PANDEMI COVID-19

Based on humanitarian considerations and human rights enforcement, the Indonesian government through the Ministry of Law and Human Rights of the Republic of Indonesia has issued a policy to protect children in prisons during the Covid-19 pandemic. This policy is not far from the pros and cons of various circles. On the one hand, the policy is welcomed to reduce the spread of Covid-19, on the other hand, the policy is considered to disturb public security. Therefore, the policies of the Ministry of Law and Human Rights, especially those related to child protection during the Covid-19 pandemic, are important to be further reviewed in this article. This research is normative legal research / doctrinal research. The approach used in this research is the statutory approach (statute approach), analytical approach (analytical approach), conceptual approach (conceptual approach), and the case approach (case approach). The increasingly massive spread of Covid-19 poses its challenges in protecting children as a vulnerable group. Responding to this condition, the central government issued several policies to protect children during a pandemic. These policies include Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 10 of 2020 concerning Terms of Providing Assimilation and Integration Rights for Prisoners and Children in the Context of Preventing and Combating the Spread of Covid-19, as well as Decree of the Ministry of Law and Human Rights Number M.HH-19. .PK / 01.04.04 concerning the Release and Release of Prisoners and Children through Assimilation and Integration in the Context of Preventing and Combating the Spread of Covid-19.
 Keywords: Covid-19, Child Protection, Policy

Can stakeholder dialogues help solve financial access restrictions faced by non-profit organizations that stem from countering terrorism financing standards and international sanctions?

AbstractCounterterrorism architecture has grown exponentially in the last two decades, with counterterrorism measures impacting humanitarian, development, peacebuilding and human rights action across the world. Addressing and mitigating the impact of these measures take various forms in different contexts, local and global. This article will address one particular form of engagement and redressal – that of the multi-stakeholder dialogue process – to deal with the unintended consequences for civil society of countering the financing of terrorism rules and regulations. The impact is seen in the difficulties that non-profit organizations face across the world in terms of financial access. Involving civil society, banks, government, financial intelligence, regulators, supervisors and banking associations, among others, in a dialogue process with clearly defined objectives is considered by policymakers and civil society to be the most appropriate and effective form of engagement for dealing with and overcoming this particular set of challenges. Multiple examples are provided of ongoing initiatives, with the nuances of each drawn out for a closer look at the conditions needed to sustain such dialogue, and an examination of whether such stakeholder dialogue processes are fit for purpose for solving the seemingly intractable problem at hand.

Features of legal regulation of human rights in armed conflicts

The purpose of this study is to identify the problems of protecting human rights and freedoms during armed conflicts based on the analysis of existing international legal and national acts, including their features in Ukraine. As one of the main methods of analysis, comparative analysis is used, which compares the Ukrainian practice of implementing the human rights protection system with the legal framework for regulating the object of research in some countries and at the international level, and analyses international humanitarian law and international human rights law. It is noted that international humanitarian law plays a significant role in the observance and regulation of human rights during armed conflicts. The study describes the international acts of humanitarian law and its main differences from international human rights law. The study analyses the protection of human rights within the framework of international human rights law and within the framework of international humanitarian law, and provides a retrospective analysis of their development. According to the comparative analysis results, it is concluded that the vast majority of modern armed conflicts are not of an international nature; therefore, the specific features of protecting human rights in these conditions are determined. The study analyses the establishment of legal regulation and its changes from the very beginning of the armed conflict in Ukraine and the state of human rights protection

Targeting of Children in Non-International Armed Conflicts

Abstract Albeit the prohibition of recruitment and use in hostilities of children is an established norm of international law, recognized under both international humanitarian law and international human rights law, the problem still remains. The main actors responsible for this reality are non-state armed groups (NSAGs), which kept recruiting and involving children in various tasks, including direct participation in hostilities (DPH). This in turn generates a dilemma regarding targetability of such children: whether to extend the special protection afforded to them by international law from being recruited and/or used in hostilities for targeting purposes as well. Additionally, the difficulty to determine targeting rules in the context of non-international armed conflicts (NIACs), which led to controversies as to targetability of even adult members of NSAGs while they do not take a direct part in hostilities, exacerbates the dilemma. This piece, accepting persuasiveness of the proposal in the ICRC Interpretive Guidance that those members of armed groups who have continuous combat function (CCF) are targetable, in addition to civilians taking a direct part in hostilities, questions whether children with such function/role are targetable in the same manner as adults of the same position. It is argued here that though children can be targeted during their DPH or when they have CCF, there is support in the law that the notions of DPH and CCF should be applied to them differently than adults. The piece also analyzes if the same means and methods used to target adults could be lawful when employed against children.

COVID-19 lockdown controls and human rights abuses: the social marketing implications

Background: This work is a situation analysis of reported human rights abuses that have characterized the COVID-19 controls and lockdown in some countries of the world. This is as documented by reliable mass media sources, relevant international organizations and human rights non-governmental organizations between January 2020 to April 2020. Methods: A combined content analysis, critical analysis, and doctrinal method is applied in this study in line with the reproducible research process. It is a secondary-data-based situation analysis study, conducted through a qualitative research approach. Findings: The findings revealed among other things that: COVID-19 lockdowns and curfews’ enforcement by law enforcement officers contravened some peoples’ fundamental human rights within the first month. Security forces employed overt and immoderate forces to implement the orders. The lockdown and curfew enforcements were not significantly respectful of human life and human dignity. The COVID-19 emergency declarations in some countries were discriminatory against minorities and vulnerable groups in some countries. Research limitations/implications: This report is based on data from investigative journalism and opinions of the United Nations and international human rights organizations, and not on police investigations or reports. The implication of the study is that if social marketing orientations and risk communication and community engagement attitudes were given to the law enforcement officers implementing the COVID-19 lockdowns and or curfews, the human rights and humanitarian rights breaches witnessed would have been avoided or drastically minimized. Originality: The originality of this review is that it is the first to undertake a situation analysis of the COVID-19 lockdowns and curfews human rights abuses in some countries. The study portrayed the poor level of social marketing orientations and risk communication and community engagement attitudes amongst law enforcement officers, culminating in the frosty police-public relationships.

‘This is an Account of Failure’: The Contested Historiography of the Hague Peace Conferences of 1899, 1907 and 1915

ABSTRACT The Hague conferences of 1899, 1907 and the one not held in 1915 occupy an uncomfortable place in the history of war, peace, and diplomacy. Siloed in a range of sub-disciplines, historians often evaluate the conferences in terms of their relative ‘success’ or ‘failure’. Where diplomatic historians generally marginalise the political relevance of the conferences in explaining the march to global war in 1914, legal historians mobilise The Hague as a point of origin for the expansion of international humanitarian and human rights law and the law of war. Peace historians prefer to explain the relative weakness of pre-1914 transnational peace activism, whilst historians of global governance describe The Hague as a starting point for twentieth century multilateralism. Rarely do these histories speak to each other, which leaves their largely oppositional findings floating freely, untethered to either each other or the complex context in which The Hague’s conferences, conventions, and institutions evolved. In response, this analysis argues for the historical need to re-tether these Hague developments to the context of the time in which they first appeared, thus helping to shape a more nuanced understanding of their on-going political and legal relevance as well.