Inclusion Of Human Rights Research Articles

Law Enforcement and Human Rights Protection in Public Administration: A Qualitative Approach to the Implementation of Public Policy

This research investigates the relationship between law enforcement and the protection of Human Rights in the context of public administration in Indonesia. Qualitative research methods were used to gain a deep understanding of policy implementation and the interaction between law enforcement and human rights protection. Data were collected through in-depth interviews with government officials, human rights activists, academics, and community members directly affected by public policies. The findings indicate that law enforcement continues to face significant challenges such as lack of resources, low institutional capacity, and corruption practices. On the other hand, while there have been improvements in recognizing basic rights, complexities remain in human rights protection, particularly concerning discrimination and abuse of power by authorities. Research recommendations suggest strengthening institutional legal capacity, enhancing transparency, fostering more active community participation, and engaging in cross-sector dialogues to strengthen fair law enforcement and inclusive human rights protection in public administration.

Contesting Narratives: A Comparative Analysis of Indian, Pakistani and Kashmiri Print Media Framing of the Abrogation of Article 370

The revocation of Article 370 by the Indian government in August 2019, stripping Jammu and Kashmir of its semi-autonomous status, dramatically exacerbated tensions in the long-standing Kashmir conflict. This decisive unilateral action triggered a harsh security crackdown and communications blackout in the Kashmir Valley. Given the disputed territory's centrality to Indo-Pak relations and regional stability, the framing of this pivotal event by Indian, Pakistani and Kashmiri media assumed immense geopolitical significance. This study comparatively examined the dominant frames employed by elite English newspapers in all three stakeholder regions - The Hindu in India, Dawn in Pakistan, and Kashmir Times representing the local Kashmiri press. Underpinned by framing theory, a deductive qualitative content analysis revealed starkly divergent framings aligned with the respective nationalistic stances. The findings expose how media outlets strategically amplified certain aspects while marginalizing others to promote polarizing master narratives reflecting national interests regarding the Kashmir dispute. The implications underscore media's power to construct contested realities serving partisan interests in protracted geopolitical conflicts. To uphold ethical journalism principles, prevent further escalation, and promote inclusive human rights framing, the study recommends transnational collaboration between Indian, Pakistani and Kashmiri outlets rooted in objectivity and impartiality.

Rule of Law and Human Rights: Analysis of International Standards and Case Law

The EU's human rights policies and actions have two main components: protecting the fundamental rights of EU citizens and promoting human rights around the world. One of the aspects that the UN focuses on is the relationship between democracy and human rights, as the organisation upholds the importance of equal political participation of citizens of its states and full respect for human rights, including the recognition, protection and promotion. As defined by the United Nations International Children's Emergency Fund (UNICEF), human rights are norms that recognise and protect the dignity of all people, meaning they apply to everyone, without distinction of race, gender, education, political opinion, sexual orientation or any other type of moral judgement. The realisation of human rights also obliges states to be responsible for protecting these norms and prohibits certain acts that violate them. Human rights can be said to be one of the greatest achievements of mankind. One of the most important human rights documents is the Universal Declaration of Human Rights, signed in 1948 at the UN General Assembly. Consisting of 30 articles, the Declaration formalises all the theoretical developments made earlier on civil, political, social, economic and cultural rights. Another innovation of the Declaration was the inclusion of human rights in the universal character, becoming the rights of all peoples. Thus, for the UN, human rights "are universal legal guarantees that protect individuals and groups from acts and omissions by governments that violate human dignity"3. Human rights are fundamental and therefore inalienable human rights, i.e. those rights whose violation would lead to an attack on the very essence of humanity. For this reason, it is important that everyone is aware of and knows about human rights, their content and the forms of protection provided for them, as everyone should be able to enjoy their fundamental rights for the sole purpose of living in peace, without distinction. Human rights, democracy and the rule of law create an environment in which countries can promote development, protect people from discrimination and ensure equal access to justice for all.

Human Rights Debates in the Lomé Convention: The Adoption of the Pons Grau Report at the ACP-EEC Joint Assembly (1992-1993)

The Lomé Convention was a development cooperation agreement signed in 1975 between the European Community and the ACP group (Africa, Caribbean, and the Pacific). Lomé built a unique institutional framework for debates over development and created common political institutions such as the ACP-EEC Joint Assembly, a multi-continental assembly involving European parliamentarians and ACP representatives. After the inclusion of human rights in Lomé in 1984, the Joint Assembly became the central stage for a heated debate over the universality of human rights and their relationship with development and democracy. The crucial point of this debate was the 1992-1993 Joint Assembly discussion regarding the report on human rights, democracy, and development drafted by Josep E. Pons Grau. The study analyses the difficult adoption of this report by the Assembly, which signalled a new approach to the issue of democracy and development and implied the demise of the political neutrality of Lomé.

Rightsholder-Driven Remedy for Business-Related Human Rights Abuse: Case of the Fair Food Program

This paper investigates necessary conditions for developing a participatory, rightsholder-driven approach to remedy for business-related human rights abuses by analyzing findings from a case study with the Fair Food Program. With the inclusion of human rights into discussions of business ethics and CSR, scholars and practitioners have made calls for participatory approaches to remedy to address cases of human rights abuses. However, a gap remains in our understanding of how to operationalize participatory approaches in a manner that empowers rightsholders, particularly within contexts of severe power imbalances. The paper puts forth a rightsholder-driven theoretical framework for remedy, grounded on critical dialogic accountability principles and integrated with empirical analysis from the Fair Food Program case study. This framework defines remedy as a system comprising reinforcing aspects rather than standalone mechanisms. The critical dialogic accounting and accountability framework provides a theoretical framing of engagement that enables the inclusion of multiple, divergent voices and aims toward meaningful engagement with marginalized groups. The analysis of findings from the case study identifies enforcement and education as necessary conditions for effective and empowering rightsholder-driven approaches to remedy. The paper deconstructs these conditions to develop an understanding of the program’s unique approach to enforcement and education. The paper concludes by discussing the implications of rightsholder-driven remedy for Business and Human Rights and business accountability.

Bridging the gap between corporate sustainability due diligence and EU public procurement

The link between human rights and environmental due diligence and public procurement has been recognized in soft law, and in a less consistent way in EU hard law. Particularly, it has been an issue of concern in the law-making process for the EU Corporate Sustainability Due Diligence Directive. Despite increasing attention, considerable debate remains over the inclusion of human rights and environmental due diligence in public procurement, which is still an underdeveloped topic. This article contributes to enlightening the debate and filling this gap by exploring the link between human rights and environmental due diligence and public procurement, then by analysing whether and how human rights and environmental due diligence can be incorporated into EU public procurement as a contract performance condition and comply with the requirement of the link to the subject matter of the contract.

Tailoring Peer-to-Peer Learning on “Faith for Rights”

Abstract Freedom of religion or belief is a fundamental freedom that provokes tensions but equally provides opportunities for synergy and mutual enhancement with other human rights. This article explores lessons learned from implementing the “Faith for Rights” framework which has been developed by faith-based actors and UN independent experts through a global consultative process since 2017. Related peer-to-peer learning workshops have been tailored to different audiences, including children, youth, students and scholars, parliamentarians, judges and prosecutors, civil servants, diplomats, UN independent experts, national human rights institutions, faith-based actors, human rights defenders and peer-learning facilitators. In conclusion, the article calls for an inclusive human rights “diplocacy” by strategically combining diplomacy and advocacy tools for managing religious diversity in a human rights-based manner that resolve tensions between numerous rights in the context of religions and beliefs.

Disaster Rights: Public and Private Responsibility in Safeguarding Human Rights during Environmental Disasters

Objective: This research aims to examine the construction of Disaster Law, focusing on the allocation of responsibility to private entities and its correlation with Human Rights, Business Law, and Environmental Law spheres. The study intends to clarify the emerging inclusion of human rights, business law, and environmental law as indispensable aspects within the realm of Disaster Law.
 Method: The research adopts a dialectical method, employing bibliographic and normative analysis to elucidate the integration of human rights, business law, and environmental law as essential components in Disaster Law. Existing documents from international agencies and programs that encompass the legal aspects of environmental disasters will be examined and analyzed to achieve the research objectives.
 Results: The analysis will shed light on the premises of Disaster Law in alignment with environmental rights and human rights. The research seeks to initiate discussions on the development of a comprehensive legal framework for disasters, encompassing responsibilities of both public and private entities, with the aim of safeguarding inherent human rights.
 Conclusions: The urgent need for discussions on the establishment of Disaster Law, holding both public and private entities accountable, and ensuring the protection of human rights justifies the significance of this research. By exploring the interconnections between Disaster Law, Human Rights, Business Law, and Environmental Law, this study contributes to the construction of a comprehensive legal framework that addresses the challenges posed by environmental disasters.

Disaster Rights: Public and Private Responsibility in Safeguarding Human Rights during Environmental Disasters

Objective: This research aims to examine the construction of Disaster Law, focusing on the allocation of responsibility to private entities and its correlation with Human Rights, Business Law, and Environmental Law spheres. The study intends to clarify the emerging inclusion of human rights, business law, and environmental law as indispensable aspects within the realm of Disaster Law. Method: The research adopts a dialectical method, employing bibliographic and normative analysis to elucidate the integration of human rights, business law, and environmental law as essential components in Disaster Law. Existing documents from international agencies and programs that encompass the legal aspects of environmental disasters will be examined and analyzed to achieve the research objectives. Results: The analysis will shed light on the premises of Disaster Law in alignment with environmental rights and human rights. The research seeks to initiate discussions on the development of a comprehensive legal framework for disasters, encompassing responsibilities of both public and private entities, with the aim of safeguarding inherent human rights. Conclusions: The urgent need for discussions on the establishment of Disaster Law, holding both public and private entities accountable, and ensuring the protection of human rights justifies the significance of this research. By exploring the interconnections between Disaster Law, Human Rights, Business Law, and Environmental Law, this study contributes to the construction of a comprehensive legal framework that addresses the challenges posed by environmental disasters.

Disaster Rights: Public and Private Responsibility in Safeguarding Human Rights during Environmental Disasters

Objective: This research aims to examine the construction of Disaster Law, focusing on the allocation of responsibility to private entities and its correlation with Human Rights, Business Law, and Environmental Law spheres. The study intends to clarify the emerging inclusion of human rights, business law, and environmental law as indispensable aspects within the realm of Disaster Law.
 Method: The research adopts a dialectical method, employing bibliographic and normative analysis to elucidate the integration of human rights, business law, and environmental law as essential components in Disaster Law. Existing documents from international agencies and programs that encompass the legal aspects of environmental disasters will be examined and analyzed to achieve the research objectives.
 Results: The analysis will shed light on the premises of Disaster Law in alignment with environmental rights and human rights. The research seeks to initiate discussions on the development of a comprehensive legal framework for disasters, encompassing responsibilities of both public and private entities, with the aim of safeguarding inherent human rights.
 Conclusions: The urgent need for discussions on the establishment of Disaster Law, holding both public and private entities accountable, and ensuring the protection of human rights justifies the significance of this research. By exploring the interconnections between Disaster Law, Human Rights, Business Law, and Environmental Law, this study contributes to the construction of a comprehensive legal framework that addresses the challenges posed by environmental disasters.

An insight into human rights in the engineering workplace and education

The paper focuses on three aspects. The first focus of this research is to investigate the challenges of women working as engineers in Kosovo and Ireland. The second focus is to investigate the challenges of both men and women working as engineers in Kosovo and Ireland. The third focus is to investigate the awareness of applicable laws regarding human rights and/or gender equality and the possibility of the inclusion of human rights and/or gender equality laws within education to help deal with discrimination problems that may arise in the future. A comparison is made between similar groups in Kosovo and Ireland. The survey asks questions about the perceived socio-economic difficulties, flexibility issues and lack of opportunity for career advancement for women and men working as engineers. In addition the survey reviews the possibility of the inclusion of human rights and/or gender equality laws during education to help deal with discrimination problems that may arise in the future.

An Exploration of Human Rights and Social Work Education in the United States.

Social work, with its commitment to social justice, knowledge about cultural diversity, and respect for the dignity and worth of the individual, has much to contribute to the modern-day human rights debate. Many international social work scholars have articulated the view of social work as a human rights profession. The profession’s presence in this arena, however, has not always been apparent. Amid increasing global tensions and domestic challenges, equipping social work students with human rights knowledge and skills is critical. The limited attention given to human rights in social work education, particularly in the United States, provides a unique opportunity to explore the human rights discourse occurring in academic circles. This paper presents a review of scholarly journal articles that explore the human rights discourse related to social work education in the United States. Upon reviewing the literature, the following categories emerged: (1) general articles on integrating human rights into social work education; (2) pedagogical frameworks, models, and examples of incorporating human rights into social work education; and (3) measures and perceptions related to assessing the integration of human rights in social work education. Findings indicate that the inclusion of human rights into social work education in the United States is in its infancy. It is recommended that social work programs in the United States be more intentional about integrating human rights content into the curricula to train culturally competent and globally minded social workers.

Assessing the links between human rights and global tobacco control through statements made on global fora

BackgroundIncreasingly, international health bodies frame public health measures, including tobacco control, in the context of human rights (HR). It is unclear how prevalent is the connection between human rights and tobacco control within global health governance. This paper describes the inclusion of HR in tobacco control governance, and the inclusion of tobacco control in HR treaty oversight. We depict the current reach of HR’s normative influence in framing the tobacco epidemic in global, regional, and country-specific contexts.MethodsWe reviewed documents (agenda, reports) from 2010 to 2019 from the World Health Assembly (WHA); the WHO Western Pacific Regional Committee Meetings (RCM); the WHO Framework Convention on Tobacco Control (WHO FCTC) Conferences of the Parties (COP); and documents provided by Pacific Island Countries party to, or by committees overseeing, HR treaties. We purposively selected the Western Pacific Region, and Pacific Island Countries specifically, to represent countries of varying populations, capacities, and governance.ResultsTobacco control and HR are infrequently mentioned together in the WHAs, and primarily in only one COP. Tobacco control is mentioned in 47 HR treaty committee documents for Pacific Island Countries, mostly under the Convention of the Rights of the Child recognizing or calling for ratification of the WHO FCTC. HR and tobacco control are connected in WHO Western Pacific RCM, particularly through their two most-recent action plans adopted by respective RCMs.DiscussionTobacco control as a HR concern is gaining traction within HR treaty bodies, at least with respect to children’s health in the Western Pacific Region.ConclusionGlobally, HR is just emerging as an influence in global health governance for tobacco discussions. Within the Western Pacific Region however tobacco control is seen by some authorities as a HR issue. Similarly, to HR experts, tobacco control is becoming important to how Pacific Island Countries fulfill their treaty obligations, suggesting tobacco control advocates might explore these mechanisms to further influence the development of strong tobacco control measures to implement the WHO FCTC.

Inter-Regional State Boundary Friction Resolution Mechanism Under Federal Constitution of Ethiopia: Principles and Institutions

Federalism presupposes the existence a stable territorial boundary of units/ states that exercise their constitutional power and territorial autonomy. Inter-state boundary friction is a kind of contests over territory between two or more states assert sovereign power over one or the same territory; that is an apparent problem in Ethiopia. Boundary contest and misunderstanding is a serious political and human rights issue in federations where territory is potential identity-builders for ethnicities and is viewed as having high inherent values. Similarly, the boundary issue in Ethiopia is characterized by clashes between regional police and security forces and ethnically identified attack and violence between ethnic groups that has also resulted mass killings and person’s displacement in contested boundary areas. Federal Constitution is an important legal framework to regulate the behaviors and actions of the disputed parties and determine the policies and procedures of inter-state border claim and friction resolution. In other words, federal constitution supplants international law and military power and serve as mechanism for interstate coordination and dispute settlement. The purpose of this study was to identify the effective inter-regional boundary friction resolution mechanisms under Federal Constitution of Ethiopia. The study has employed doctrinal legal research using secondary data and revealed the following. First, the study has found eight (8) constitutional principles support peaceful boundary friction resolution in Ethiopia Viz. primacy of federal union, cooperation and dispute settlement, codependence and disablement, federal oversight, sanctity of human rights, inclusive human rights invocation, peaceful coexistence, and rule of law. Ironically, in Ethiopia these constitutionally stipulated principles are not given due emphasis or are ignored and border conflicts are not adequately handled. Second, the study has revealed the need of a comprehensive legislation that proactively determine the nature inter-state border claim and friction resolution procedures and regulate the behaviors and actions of the parties that involve in the process. In this regard, the Federal Government has Legislative power under FDRE constitution. Third, the House of Federation and Administrative Boundaries and identity question Commission are the two inter-state boundary disputes resolution institutions in Ethiopia. However, both of these institutions have limitations in handling boundary disputes effectively- impartially. Finally, the study recommends that the Federal Government to enact comprehensive legislation based on the aforementioned eight principles. Besides, the federal legislator has to reconsider the composition, accountability, transparency of the Administrative Boundaries and Identity Question Commission.

Constitutional Complaint as Strengthening Constitutionalism in Indonesia

The inclusion of human rights in the constitution gives a new status for these rights to become constitutional rights. The guarantee of human rights in the constitution has not been in line with legal efforts to protect these rights. Mechanisms constitutional review in Indonesia only accommodates the testing effort constitutionality of Law (judicial review), whereas there are still many objects of state action that can harm the constitutional rights of citizens, but they do not have any resolution because they have not been provided for by Indonesian positive law. This study aims to identify how the interrelationship between guaranteeing human rights in the constitution and strengthening constitutionalism due to the inclusion of human rights in the constitution, how the concept of constitutional complaints in various countries is, and how relevant is it to be applied in Indonesia. This research describes the material that exists in historical, comparative and reconstruction (modification) aspects as an effort to make the concept relevant to be applied in Indonesia. This research shows that human rights and the constitution have a reciprocal relationship (reciprocal), various concepts in other countries have a lot of relevance to Indonesia, and there are several technical-procedural concepts and juridical arrangements that are relevant to be applied in Indonesia. So, it is necessary to regulate constitutional complaints as a legal measure to protect the constitutional rights of citizens which have been guaranteed by the constitution and increase the value of the constitutionalism of citizens in Indonesia.

Inclusion of human rights in sexual and reproductive health programming: Facilitators and barriers to implementation

ABSTRACT The need to prioritise those furthest behind is well understood in global health circles, and how human rights norms and standards can help often touted. As rights concerns are particularly recognised in sexual and reproductive health (SRH) programming, as part of a larger exercise, a review was conducted to identify documented barriers and facilitators to implementation. Given the role global guidance plays in implementing rights-based approaches to SRH, UNDP/UNFPA/UNICEF/WHO/World Bank Special Programme of Research, Development and Research Training in Human Reproduction (HRP) guidelines, tools, recommendations and guidance that include the explicit mention of human rights principles served as the basis for this exercise. This was followed by an extensive review of the literature. Sources reviewed confirmed barriers include not only broad structural, policy and health systems barriers but financial, staffing and time constraints, as well as lack of understanding of concretely how to include human rights in these efforts. Facilitators include the existence of human rights champions, leadership, strong civil society participation, training, and funding made available specifically for implementation. Investment in indicators and documentation sensitive to human rights is warranted in sexual and reproductive health, as well as other health topics, to best serve populations who need them most.

Advocating for vulnerable groups’ health promotion: development of institutional data

Poor health cannot be attributed only to microbiological and genetical factors. It is a much more complex situation, involving both the conditions in which people live, such as access to health care, schools and education, as well as working conditions, recreation, homes, communities and cities, as well as cultural characteristics such as social status, gender, age, nationality, values and distinctions. All of these factors affect a person’s chances of leading a flourishing and healthy life. Chances of good health are not equally distributed within society causing health inequalities. Thus, organized societies and their institutions are called upon to set health protection frameworks as a social right for vulnerable population groups. The purpose of the article is to make a comprehensive reference to the term vulnerability, as well as the regulatory framework that is formed around it in the modern society. The social challenge is a framework based on inclusive human rights, justice and democracy.

Constitutionalizing FIFA: Promises and Challenges

FIFA’s reformation process, which began with the World Cup bid in 2010 and culminated in the explicit inclusion of human rights in FIFA’s statutes since April of 2016, exemplifies how transnational sports law (lex sportiva) can undergo processes that contribute to the protection of human rights. In fact, when viewed through the lens of societal constitutionalism, FIFA’s reformation process can be analyzed as a process of emergent constitutionalization. This paper provides the requisite empirical investigation and applies Teubner’s theory on societal constitutionalism to study FIFA’s reform process. FIFA has effectively formulated limitative rules by introducing human rights to their private ordering. This marks a decisive evolutionary step in the way sport related disputes are settled by the Court of Arbitration for Sport (CAS). Given FIFA’s new statutes, human rights no longer just apply subsidiarily (if at all), but directly. Further going re-specialization and regime-specific application of human rights can also be observed in FIFA’s reformation process. Human rights are positivized by a process formed like a ‘patchwork quilt’, entwining pressure from NGOs, private ordering, contracts, CAS decisions, and national courts decisions. Each part represents a valuable contribution to FIFA’s ‘common law’ transnational, social constitution. But this self-evolving constitution can be effective only when coupled to regimes of reflexivity and enforceability. Our case study reveals that FIFA’s reformation process already features high levels of reflexivity. Nevertheless, it is lacking in regimes of enforceability. It remains an outstanding question to what extent FIFA can be held accountable for human rights violations. Here, the societal constitutionalist lens draws attention to the normative importance of society for limiting the negative effects which FIFA has on its environment.

Does the right to dignity extend equally to refugees in South Africa?

Refugee law scholars have lauded the human rights approach as the most appropriate for addressing issues faced by refugees. The inclusion of human rights in both the 1951 Refugee Convention and the Global Compact for Refugees is evidence thereof. However, even though many countries have enacted domestic refugee legislation, refugee experiences still suggest a gap between this human rights legislation in theory and in practice. For many refugees the human rights approach does not provide effective protection, as it neither ensures physical security nor protects refugees' dignity. In South Africa this is further exacerbated by the lack ofadministrative and judicial consistency. This article explores the connection between refugeehood and dignity by considering dignity principles established by four key philosophers - Hannah Arendt, Immanuel Kant, Jeremy Waldron and Henk Botha. Although all three philosophers emphasise the importance of human dignity and warn of the lack of dignity associated with statelessness, refugees often are still denied this right. The article explores the ways in which dignity is denied to refugees by considering a human rights approach, the lived experiences of refugees in South Africa, and the approach of the South African courts. By analysing refugeehood through these lenses, it becomes clear that current approaches are inadequate to fully support refugees. Despite ample legislation and an urban policy, refugees in South Africa remain outsiders and as such, their dignity often is denied.

La formación en derechos humanos en el Trabajo Social. Evolución, propuestas y retos

Este trabajo tiene por objeto explorar la congruencia entre las recomendaciones curriculares y las prácticas reales en la educación en derechos humanos en la formación académica de las/los futuros trabajadores sociales. Mediante la técnica de revisión integrativa de literatura se explora, a escala internacional, las publicaciones científicas sobre la materia. Además, en el caso de España se revisan los planes formativos de las universidades nacionales. Se analizan tres ejes: prescripciones institucionales, la inclusión de los derechos humanos en el currículo, y el contenido de los cursos sobre derechos humanos desarrollados en el marco de los mismos o de experiencias alternativas. Se presenta un estado de la cuestión, una propuesta de indicadores y los retos que las instituciones educativas de Trabajo Social deben afrontar si quieren hacer efectivo el mandato ético de la defensa y promoción de los derechos humanos como parte del cometido profesional.This work aims to explore the congruence between curricular recommendations and real practices in human rights education in social work. Through an integrative literature review, scientific publications on the subject are explored on an international scale. In addition, in the case of Spain, the training plans of national universities are reviewed. Three axes are analyzed: institutional prescriptions, the inclusion of human rights in the curriculum, and the content of the courses on human rights developed within their framework or alternative experiences. It presents a state of the question, a proposal of indicators and the challenges that the Social Work educational institutions must face if they want to make effective the ethical mandate of the defense and promotion of human rights as part of the professional role.