Independent Human Rights Research Articles

Participation of Indigenous Peoples in Decision Making Over Deep-Seabed Mining

In this essay, I reflect on the challenges and opportunities in ensuring the genuine and meaningful participation of Indigenous peoples at the International Seabed Authority (ISA), with a view to giving due consideration to Indigenous peoples’ human rights and integrating their knowledge into international decisions on deep-seabed mining. The essay begins with an assessment of how the current limitations in transparency and public participation in the practice of the ISA1 constitute barriers for the participation of Indigenous peoples. I then argue that existing international human rights obligations require Indigenous peoples’ participation at the ISA and that entry points within the ISA regime already exist to comply with these obligations. I conclude by emphasizing the need to support meaningful participation by Indigenous peoples through social sciences expertise and the involvement of independent international human rights experts, to actively address any biases vis-à-vis Indigenous knowledge.

Meanings of the human rights concept: Tunisian activism in the 1970s

This article explores human rights activism in an authoritarian context of the Global South in the 1970s through the case of Tunisia, a decade considered by scholarship as the starting point for international human rights norm diffusion, including in the Arab region. It describes how two Tunisian solidarity groups and the Tunisian Human Rights League—considered the first independent human rights organization in the Arab World—used the concept. These organizations are considered catalyzers of the spread of human rights culture in Tunisia. The article argues that the use of human rights and references to the Universal Declaration of Human Rights did not entail that international human rights norms were a core concern. Other justice principles and ideologies prevailed in the 1970s. The article further showcases the complexity of human rights processes in the Global South. Understanding the 1970s necessitates exploring the groups that made use of the concept, the political spaces in which they operated, and the idea environments in which human rights became a part.

Examining the Role of International Human Rights Tribunals in Promoting Accountability for Human Rights Violations

This study investigates the crucial role of international human rights courts in advancing accountability for human rights abuses. Its primary objective is to evaluate the effectiveness of these tribunals in holding accountable those — individuals, states, and non-state actors are to blame for major human rights violations. As part of the research methodology, relevant literature, case studies, and legal decisions from international human rights tribunals are thoroughly examined. The International Criminal Court (ICC), the International Court of Justice, and local human rights courts are all part of this. The scope of the investigation includes War crimes, genocide, and crimes against humanity, torture, and enforced disappearances. The findings underscore the substantial contribution made by international human rights courts in ensuring justice, truth-seeking, and redress for victims of human rights abuses. These tribunals have played a pivotal role in establishing legal precedents, clarifying the extent of human rights obligations, and fostering international cooperation to address impunity. The study also explores the challenges confronted by international human rights courts, including limited jurisdiction, enforcement capacity, and political opposition. Additionally, it examines potential synergies between international tribunals and national justice systems to strengthen accountability mechanisms at both the international and domestic levels. The findings of this study have significant implications for policymakers, individuals who advocate for human rights, and those who work in the legal field because they highlight the importance of a powerful and independent international human rights court in promoting accountability and providing justice for victims of human rights violations all over the world.

The constitutional right of a person and a citizen to legal aid and its implementation by refugees with the help of the advocacy institute

It is indicated that, despite the importance of socio-economic, ideological, political guarantees, the main ones are undoubtedly the legal ones (the guarantee of constitutional rights and freedoms and the impossibility of their cancellation and limitation, the guarantee of judicial protection of rights and freedoms, the right of everyone to know their rights and obligations , the right to legal assistance, etc.).The authors conclude that the institution of advocacy in the mechanism of protection of human and citizen rights and freedoms acts as one of the means for self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active actor in the process of implementing the main constitutional function of the Ukrainian state - the implementation and protection of rights and freedoms person and citizen. The constitutional and legal status of the bar allows it to actively ensure the rights of not only every person, but also of the entire civil society, to effectively implement the human rights function of the state by ensuring proper interaction in the activities of state authorities and civil society. The main features of advocacy in the mechanism of refugee rights protection, which reveal its essence in the mechanism of providing legal aid, are: 1) advocacy acts as a separate human rights institution for refugee rights; 2) the status of the bar is specifically defined in the Constitution of Ukraine; 3) the bar actively interacts with state authorities and institutions of civil society as an equal partner in the mechanism of protection of refugees’ rights; 4) as part of their professional duty to protect the rights and interests of refugees, as their clients, lawyers play an essential role in the fair administration of justice. Being an active participant in the mechanism of law enforcement, occupying an independent place in the mechanism of justice, the bar performs (should perform) an important function of public control in this area.

The role and place of the advocacy institute in the mechanism of protection of human and citizen rights and freedoms

It is indicated that a person in a democratic, legal state is the highest social value, which plays a decisive role in all spheres of material, political, social, spiritual and cultural life. At the same time, each person is individual, original, unique, unique. Its participation in the activities of the legal state depends on the material and spiritual capabilities in the use of its subjectiverights and the voluntary performance of its legal obligations. The legal status of a person consists in his rights, freedoms, and obligations established by legislation, which represent opportunities that turn into reality through their practical implementation.
 The authors highlight certain features of the constitutional and legal status of the Institute of Advocacy. The specificity of the legal nature of the institution of advocacy in the mechanism of protection of human and citizen rights and freedoms is determined. The place and role of the legal profession among other state authorities has been established.The authors come to the conclusion that the institution of advocacy in the mechanism of protection of the rights and freedoms of a person and citizen is one of the means for self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active actor in the process of implementing the main constitutional functionof the state - the implementation and protection of rights and freedoms person and citizen. The constitutional and legal status of the bar allows it to actively ensure the rights of not only every person, but also of the entire civil society, to effectively implement the human rights function of the state by ensuring proper interaction in the activities of state authorities and civil society.
 The main features of advocacy that reveal its essence in the mechanism of providing legal aid are: 1) advocacy acts as a separate human rights institution; 2) the bar actively interacts with state authorities and institutions of civil society as anequal partner in the mechanism of protection of human and citizen rights and freedoms; 3)as part of their professional duty to protect the rights and interests of their clients, lawyers play a significant role in the fair administration of justice. Being an active participant in the mechanism of law enforcement, occupying an independent place in the mechanism of justice, the bar performs (should perform) an important function of public control in this area.

Resolution 42/21 (U.N.H.R. Council)

On July 13, 2021, the United Nations Human Rights Council (HRC) adopted a resolution designed to facilitate the enjoyment of the human rights and other basic freedoms of Africans and people of African descent in every region of the world, specifically against excessive use of force by law enforcement officers. The Resolution deplored all forms of racial discrimination against Africans and people of African descent, condemned “the continuing racially discriminatory and violent practices” perpetrated against this group by many law enforcement officials, and urged states “to seize every opportunity” to implement an “anti-racism agenda” that prioritizes “racial equality and justice” for the group, including better use of independent national human rights institutions and preferential programs, among other far-reaching, substantive techniques. Although not yet constituted, the Resolution established an independent committee, comprising individuals with law enforcement and human rights expertise, charged with the responsibility for “advanc[ing] racial justice and equality [with]in the context of law enforcement in all parts of the world” through various means that include visits to countries where violations are taking place.

INTERNATIONAL HUMAN RIGHTS AND ITS JUDICIAL ENFORCEMENT IN PAKISTAN

The fundamental content of human rights, including freedom of thought, conscience, and religion, also implies that all people are born free and have the same rights. As family members, people form unique businesses within society and are referred to as contributors. When we discuss 539 BC, we gain a better understanding of the victory over Babylon. All of the slaves of war were released by Cyrus, and they were free to go wherever they pleased, which became a brand new element for people. A great deal of emphasis was placed on human liberty and other rights, which was a remarkable act at the time because there was no concept in people's minds. When we consider human rights, we get the impression that it is difficult to locate all primary rights under the shadow of both Islamic and secular legal guidelines. Every Pakistani citizen has the right to free expression, the right to think, and the right to believe. These are the basic fundamental rights guaranteed to the public by the Constitutions of 1956, 1962, and 1973. The primary goal of those constitutions became to provide guarantee to the rights of others. Pakistan has an independent human rights commission. Primary purpose of this study is to evaluate judicial enforcement of international human rights in Pakistan. Key Words: International Human Rights, Judicial Enforcement, Fundamental Rights in Pakistan.

Compliants Mechanisms for Human Rights Violations: Critical Study

The individual complaints mechanism against any violation of human rights is one of the newest and elegant methods which must be studied and concerned. In this research we examine this mechanism by highlighting on the ways of its work at the international level by the committees and international institutions working to protect human rights and the local level represented by the Independent Human Rights Commission in Kurdistan Region. In two sections we discussed the conditions and the procedures for how to end the complaints in the first section and then evaluate the effectiveness of this mechanism to protecting human rights, this study  reached to several results and suggestions, including that the international committees cannot exercise its competence to receive complaints before the announcement of approval from the states, and that the competence of such committees is not considered judicial because the outcomes of the consideration of complaints proceed a recommendation or advice to the State which have violations of its citizens rights. We also recommended that the work of these committees be strengthened through the acceptance by States of their competence without the need to declare approval of that jurisdiction, and it's the time to establish an international court of Human Rights.

Inside the State, against the State

Drawing on document analysis and ethnographic fieldwork, this paper analyzes the tensions and paradoxes experienced by lawyers from an independent Human Rights organisation who daily work inside a French immigration detention centre, and provide legal relief to deportable immigrants awaiting their forced removal. On the one hand, these lawyers are activists who see their own job as one of critical advocacy which leads them to legally challenge deportation orders before court. But this mission, on the other hand, is an official one, and compels them to join the regular team of the centre and accept its rules. This strictly legalist perspective is both a strength and a limit to their everyday action, and modifies their capacity to change the fate of detained immigrants.

Advocacy as a tool for the realization of the fundamental right of a person to professional legal assistance

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.

Restricting NGOs: From Pushback to Accommodation

Restricting NGOs: From Pushback to Accommodation

Breach of Afghanistan’s international obligations using the due diligence standard to combat violence against women

ABSTRACT Afghanistan was among the lowest ranking countries worldwide in the United Nations Development Programme 2018 Gender Inequality Index, ranking 168 out of 189. Amnesty International, Afghanistan’s Ministry of Women’s Affairs and the Afghan Independent Human Rights Commission have all reported a rise in gender-based violence against women by both State and non-State actors. Afghanistan is party to several international human rights instruments, including the Convention on the Elimination of All Forms of Discrimination against Women, under which the State is obligated to eradicate all types of discrimination, violence and other potential detrimental practices against women. Moreover, under the due diligence standard, States are urged to exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women. This paper addresses the issue whether Afghanistan has met its international obligations to eliminate violence against women using the due diligence standard. It identifies the dismal shape of the current regulatory, institutional and policy frameworks concerning the elimination of violence against women in Afghanistan. This article concludes that Afghanistan has failed to protect women, potentially leading to a breach of its obligations under international law and proposes certain recommendation to improve the plight of Afghan women.

Human Rights in Action. Assessing the Positive Impact of the Human Rights Act 1998 in the UK

When the Independent Human Rights Act Review (IHRAR) was announced, the Human Rights in Action (HRiA) team were reassured, on the one hand, to see that its overriding mission would be to consider how the Human Rights Act (HRA) is working in practice and whether any change is needed. But on the other hand, we were concerned, first by the fact that the IHRAR’s “terms of reference frame[d] the review against a politically polarised backdrop - concerning how it allegedly allows the judiciary to usurp the power of the executive for instance” and, secondly, by the fact that the terms of reference “fail to ask the cardinal question of whether the HRA has effectively protected individual rights in the UK”. As academic human rights experts who have observed, analysed and, in collaboration with others, worked to promote – through our scholarship, teaching and public engagement activity – the indisputable positive influence of the HRA in protecting human rights in the UK, we were strongly motivated to join forces, with the ambition of providing comprehensive, evidence-based responses to the key questions being asked by the IHRAR. The HRiA project reflects, and is the mechanism that allows us to pursue, this ambition. In the context of this project, the HRiA team invited some of the foremost human rights experts in their fields to answer the fundamental question of how the HRA has shaped UK law and UK courts over the last two decades, and to consider the questions that the IHRAR asked in its call for evidence. The HRiA submission to the IHRAR comprises 20 contributions by 26 experts which provide answers to some of the IHRAR’s central questions, while taking particular care to highlight the continuous positive impact of the HRA in human rights protection in the UK. The individual expert contributions are reproduced in their entirety in this submission, and we are submitting them to the IHRAR with the hope that they will inform its work. We feel that, read together, they highlight the significant value of the HRA to the lives of everyone in the UK. Taking into account that this report is not a submission from a single author but a product created by a group of independent experts, we have exceeded the suggested maximum word count for a single submission. We have made all of the contributions from the HRiA project available on our website, which we will continue to update with new contributions in the future. In addition to informing the IHRAR’s work, we remain committed to engaging with the wider public to show the positive impact of the HRA and alerting them to the risks inherent in the potential undermining of its key protections.

Law, Criminalization and HIV in the World: Have Countries That Criminalize Achieved More or Less Successful Pandemic Response?

How do choices in criminal law and rights protections affect disease-fighting efforts? This long-standing question facing governments around the world is acute in the context of pandemics like HIV and COVID-19. The Global AIDS Strategy of the last 5 years sought to prevent mortality and HIV transmission in part through ensuring people living with HIV (PLHIV) knew their HIV status and could suppress the HIV virus through antiretroviral treatment. This article presents a cross-national ecological analysis of the relative success of national AIDS responses under this strategy, where laws were characterised by more or less criminalisation and with varying rights protections. In countries where same-sex sexual acts were criminalised, the portion of PLHIV who knew their HIV status was 11% lower and viral suppression levels 8% lower. Sex work criminalisation was associated with 10% lower knowledge of status and 6% lower viral suppression. Drug use criminalisation was associated with 14% lower levels of both. Criminalising all three of these areas was associated with approximately 18%–24% worse outcomes. Meanwhile, national laws on non-discrimination, independent human rights institutions and genderbased violence were associated with significantly higher knowledge of HIV status and higher viral suppression among PLHIV. Since most countries did not achieve 2020 HIV goals, this ecological evidence suggests that law reform may be an important tool in speeding momentum to halt the pandemic.

Ethical criteria when a (potential) perpetrator asks a human rights organization to defend their case based on the forensic documentation of alleged torture. How shall we proceed?


 
 
 
 Objective
 Discuss the ethical dilemma of perpetrators requesting clinical evaluations intended to prove persecution or torture. The discussion is organized around three real cases.
 Method
 We present three cases of plausible perpetra- tors, partially amended to protect anonymity. The paper presents a review of the complex ethical challenges that the dilemma poses.
 A multidisciplinary panel of doctors, psychologists and lawyers had a similar discussion and agreed on three criteria presented here for contrast with the broader community of researchers and practitioners. The paper is not in itself a legal or ethical academic review, instead, it establishes the main terms of debate, demonstrates the lack of literature that debates it and reflects an initial consensus between forensic workers in an independent human rights organization.
 
 
 

Legislative, institutional and policy reforms to combat violence against women in Afghanistan

Since the fall of Taliban regime in 2001, the government of Afghanistan, in a bid to promote human rights and specifically women’s rights, made several legislative and institutional advances. These included the establishment of the Afghanistan Independent Human Rights Commission (AIHRC) as a national human rights institution, Ministry of Women’s Affairs, Departments of Women’s Affairs and Gender, Human Rights Units in various ministries and the passing of the Law on Elimination of Violence against Women (EVAW Law) through a Presidential Decree in 2009. Afghanistan is a signatory to several international human rights instruments, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). International treaties and Conventions to which Afghanistan is a signatory forbid all types of discrimination against girls and women and oblige Afghanistan to eliminate all types of discrimination, violence and other possible detrimental practices against women. This paper aims to critically analyse the international obligations of Afghanistan concerning violence against women and the necessary legal and institutional amendments for providing better protection for such victims. This paper has pursued a reformist agenda to eliminate violence against women, which is largely caused by weaknesses in Afghanistan’s legal, institutional and policy frameworks regarding women. The existing legal environment in Afghanistan comprises three incoherent sources of law—State legal code, customary practices and Islamic sharia law. Adopting and implementing the recommendations are likely to contribute significantly to the emancipation of women in Afghanistan. Thus, as part of the reformist agenda adopted by this paper, violence against women warrants urgent legal, institutional and policy reforms.

“Foreign Funding” Case No. 173/2011

“Foreign Funding” Case No. 173/2011

Understanding the Impact of Independent Human Rights Institutions for Children: A European Study

This article reports a study of the impact of independent human rights institutions for children, using methods drawn from critical realism and appreciative inquiry. A survey of member institutions of the European Network of Ombudspersons for Children enquired into the contexts, mechanisms and outcomes of their work. The results showed wide variation in the situation, aims and methods of working of the institutions, along with some strong commonalities. The survey was followed by two in-depth case studies, to explore how staff and external stakeholders understood and evaluated the impact of their work. A conclusion was that the impact of such institutions has to be understood in a grounded way, and pre-designed general indicators are therefore of limited value. One product of the research is a template, developed collaboratively with the institutions, which can be used to understand and evaluate the effectiveness of their work.

The legal status of a lawyer in the countries of the European Union

This article is devoted to the study of the theoretical and scientific-practical nature of the institution of representation in the EU countries and the development of proposals based on them on improving the legal status of a lawyer in Ukraine, taking into account the best European practice. The place of the advocacy in the modern legal system can be characterized as one of the ways of self-restraint of state power through the creation and functioning of an independent human rights institution that promotes its activities by fulfilling the constitutional function of the state – the realization and protection of human rights and freedoms. The constitutional and legal status allows advocates to participate in ensuring the rights not only of everyone, but of the whole civil society, to implement the human rights function, ensuring the interaction in the activity of the institutional systems of the state and civil society. Since 2012, the advocacy reform has been initiated and brought to the standards of the European Union. However, over 6 years have passed, but no significant positive changes have taken place in this field. Ensuring the constitutional rights and freedoms of citizens still leaves much to be desired. The issue of voluntary admission of lawyers to the National Association of Advocates of Ukraine will be resolved, and so-called "lawyer's monopoly" needs to be substantially revised. Therefore, the review of the grounds, the rules, and the regularity of the prosecution in civil proceedings, which is carried out by the two advocates, needs a substantial improvement. In order to create in Ukraine the model of legal assistance taking into account modern legal frameworks, that is a guarantee of the right of accessibility and effectiveness of judicial protection in civil proceedings.

Becoming Extinct? Russian Human Rights Activism and the Observer Commissions

Human rights defenders (hrds) in hybrid regimes face numerous challenges on the domestic arena. They struggle against complex and non-transparent regulations and hindrances, are obstructed by an intrusive state that seeks not only to regulate human rights activism but also to bar professional and independent human rights ngos; and they also risk being subjected to violence. This article analyses how Russian hrds have succeeded in gaining inspection rights in places of permanent detention in Russia through the system of Public Observer Commissions (Obshchestvennye nablyudatel’nye komissii/ onk), and how state structures seek to co-opt, screen and contain professional and continuous hrd work in these commissions. Although the hrds have succeeded in forming a legal structure that enables them to conduct inspections, since 2013 the Public Chamber has understaffed the onks, excluded prominent hrds from the committees, and used pro-regime organizations in order to gain control over the system of public monitoring.