Influence Of Human Rights Research Articles

Sentencing, human rights and the courts in Namibia: A consideration of S v Gaingob 2018 (1) NR 211 (SC)

With the attainment of independence in 1990, Namibia’s criminal justice system underwent several reforms, notably the abolition of the death penalty and corporal punishment. Sentencing thus took a different direction with fines, direct imprisonment and/or suspended sentences in part or whole, periodical imprisonment, declaration as a habitual criminal and committal to an institution, as the main sentencing formulae. Accordingly, the length of imprisonment for offenders may be determined as a result of legislative directives or as an exercise of judicial discretion. In its simplistic form, and as this article shows, the old case of S v Zinn 1969 (2) SA 537 (A), which the Namibian courts have adopted, proposes that the court has to look at the offender, the crime and the interest of society when proposing a balanced sentence for an offender. However, the influence of human rights, which was ushered in by a new constitutional framework, now also strongly affects the courts’ sentencing approach anchored in the Zinn triad. To this end, in S v Gaingob 2018 (1) NR 211 (SC) and Gariseb v S (P8/2015) [2024] NASC 8 (28 March 2024), the Namibian Supreme Court supplemented the principles of sentencing by introducing new reforms. Using a qualitative approach based on an anecdote of prevailing case law, this article found that despite concerted efforts towards a unified holistic sentencing approach by the courts, there exists several implications brought about primarily by the Gaingob decision and that there may be a need to address these gaps. Consequently, this article proposes several reforms that can possibly be considered in Namibia’s criminal justice system to rectify and clarify the challenges Gaingob and Gariseb pose for our courts and legal practice on a day-to-day basis.

Criminal policy and sanctions in the 2020s and onwards: Determinants of penal culture in Finland during the last 150 years

This article provides a fragmentary overview of the developments of criminal law and criminal policy in Finland during the last 150 years. It reflects the author’s experiences as a criminal scientist and an expert in drafting criminal legislation over 50 years. This review uses the conclusions from Cesare Beccaria’s classic, centuries-old book as its starting point: a punishment may not be an act of violence, but should be public, immediate, necessary, as minimal as the case allows, proportional to the crime, and determined by law. The Finnish Penal Code of 1889 was originally thoroughly permeated by both the principles and the spirit of the classical school of penal law, wherein punishment was primarily regarded as retribution for an offence and the penal system was therefore tolerably harmonious with the demands of general deterrence. More weight was given to individual prevention when the Code was first drafted. Later on, the influence of the sociological school of penal law, which focused on the offender and individualized criminal sanctions, led to partial reforms of the penal system, such as the enactment of the Conditional Sentences Act of 1918, the Dangerous Recidivists Act of 1932, and the Young Offenders Act of 1940. The day fine system of 1921 and the fluctuations in the ideology regarding indeterminate penal sanctions are analyzed. The total reform of the Penal Code between 1972 and 2003 aimed to create a more rational penal system – one designed for efficient, just, and humane criminal justice. An ambitious attempt was made in as uniform and systematic a way as possible to assess the goals, interests, and values that the new Criminal Code should promote and protect. The existence of the criminal justice system was justified on utilitarian grounds. The structure and operation of a penal system, however, cannot be founded solely on the basis of utility; the criteria of justice and humaneness must also be applied. The penal system must be rational in regard to both its goals (utility) and its values (justice and humaneness). The developments since the 1990s have been characterized by the influence of human rights and basic rights on both criminal and procedural law, as well as by the effects of internationalizing and Europeanizing the criminal justice system. The latter tendencies have resulted in the diversification of criminal law.

Research on the Strategies of Human Rights Governance to Promote Refugee Integration and Social Stability

This paper aims to explore the strategy of human rights governance to promote the integration of refugees and social stability, and put forward relevant research conclusions. The integration of refugees and social stability have become the focus of attention of governments and the international community. As an important political and legal mechanism, human rights governance has the functions of safeguarding human rights and promoting social justice. This paper analyzes the key issues and challenges of refugee integration, including education, employment, housing and so on. In addition, this paper also discusses the influence of human rights governance on social stability. By safeguarding refugees' basic rights and social justice, human rights governance can reduce conflicts and inequalities between refugees and local residents, thus promoting social harmony and stability. Finally, this paper puts forward some strategies to promote the integration of refugees and social stability, including strengthening international cooperation, improving laws and regulations, providing social support and establishing multicultural exchanges. These strategies aim to provide reference for the government and the international community, so as to better deal with the refugee problem and promote their integration and social stability.

Development of special investigation activities in relation to criminal process and human rights

The paper is devoted to the field of special investigative activity and criminal proceedings. Through the historical research method, the evolution of the special investigation activity in relation to the criminal process and the institution of human law is studied and analyzed. The study shows that no distinction was initially made between special investigations and criminal proceedings. Subsequently, as human rights are exploited, these two types of activity are divided, the criminal process becoming a public form of investigation of crimes and special investigations being kept secret, fulfilling the function of providing information on the criminal process and ensuring security. Our country’s adherence to international human rights law has led to the legalization of special investigations separately from criminal proceedings. Later, also under the influence of human rights, the partial reintegration of the two forms of investigations followed. Thus, the whole evolutionary process of special investigations is divided into four consecutive stages: the first stage begins in ancient times and ends in the twentieth century. XIX; the second stage lasts until the end of the century. XX; the third stage begins with the legalization of the special investigation activity and the last stage begins with the reintegration of the special investigation activity and the criminal process.

Development of special investigation activities in relation to criminal process and human rights

Development of special investigation activities in relation to criminal process and human rights

EKSISTENSI DAN PROSES PERADILAN HAM DI INDONESIA

The development of the influence of human rights in its journey has affected various countries, including Indonesia. The end of the New Order government, which was very repressive after 32 years in power, has raised awareness of the importance of respecting human rights. Demands for justice against past human rights violators are increasing, while human rights violations continue to take place in various forms, patterns and different actors. Human rights issues are often used by a group of people for their political and economic interests, while officials are reluctant to act for fear of being accused of violating human rights. The understanding of human rights in Indonesia as values, concepts and norms that live and develop in society can be traced through a study of years, and before the human rights court was formed, cases of gross human rights violations were tried by an authorized general court. The establishment of legal regulations regarding gross human rights violations and the establishment of a human rights court is necessary because the applicable legal regulations, most of which are rules from the Dutch colonial era, such as the Criminal Code, do not regulate gross human rights violations as extraordinary crimes. but only regulates conventional crimes, such as murder as regulated in Article 338 of the Criminal Code, persecution as regulated in Article 351 of the Criminal Code. Kidnapping as regulated in Article 333 of the Criminal Code, rape as regulated in Article 285 of the Criminal Code, etc. So in this case, of course, there is a difference between the prosecution process in criminal law and the prosecution process in cases of gross human rights violations. In order to provide protection, certainty, justice and a feeling of security to individuals or the community, it is necessary to establish a Human Rights Court and the rule of law. In Indonesia, the existence of Law Number 39 of 1999 concerning Human Rights (UU HAM) and Law Number 26 of 2000 concerning the Human Rights Court (Law on the Human Rights Court) is expected to protect human rights, both individuals and communities and become the basis for enforcing , legal certainty, justice and a feeling of security for individuals and the community against serious human rights violations

The influence of human rights on climate litigation in Africa

It could be expected that human rights would be a particular feature of climate litigation in African countries, not least because African regional and domestic legal systems feature extensive human rights protection, including of social and environmental rights. However, in practice, public law challenges mostly relating to environmental impact assessment have dominated climate litigation on the continent. This raises questions as to whether human rights arguments have been and are likely to be used in climate litigation in African regional and domestic courts, and if so how. This article examines these issues in three ways. First, it analyses the implications of cases grounded in human rights that engage with climate change issues and argues that these should be read as African climate cases. Second, it conducts a prospects analysis for social rights litigation in the context of climate change, arguing that existing jurisprudence in some jurisdictions may preclude such climate-focused social rights litigation. Third, the article analyses some administrative law cases, highlighting the layers of influence that human rights protection have on decision-making and outcomes. The core argument is that human rights protections and human rights-based strategies have fundamentally shaped African climate litigation, and will continue to do so.

CONFLITOS CULTURAIS E O DIREITO INTERNACIONAL PRIVADO: REFLEXÕES SOBRE O PRINCÍPIO DA ORDEM PÚBLICA

The article explores the problem of the relation between Conflicts Law and the preservation of cultural elements of national legal systems. It is analyzed how the openness of the legal system to foreign elements, reinforced by the influence of human rights in Conflicts Law, can produce the rebound phenomenon of strengthening social movements that defend the exclusion of the outsider, calling into question the very legitimacy of the State. The possibility of vivifying the public order doctrine, as an expression of diversity tolerance, is investigated. The conclusion is that Conflicts Law must continue to develop within the tension between national and foreign elements without assuming a preconceived ideological formula in favor of nationalism or cosmopolitism , but integrating cultural dialogue.

Developing Human Rights at Sea

International Human Rights Law (IHRL) is a recent addition to the general body of international law. Despite the significance of the 1948 Universal Declaration of Human Rights, the law based upon it did not achieve meaningful substance until conventional law dealing with Human Rights had entered into force and international conditions had allowed for the customary acceptance of the rules it contained. The 1970s were an important period in the IHRL narrative. The two international Human Rights covenants from 1966 entered into force in 1976, Amnesty International received the Nobel Peace Prize in 1977 and Human Rights Watch was founded (as Helsinki Watch) the following year. These two non-governmental organisations (NGOs) have since been the principal civil society monitoring and advocacy bodies advancing the cause of Human Rights globally and they contributed significantly to the growing influence of Human Rights from the 1970s onwards.

Chris Hanretty, A Court of Specialists: Judicial Behavior on the UK Supreme Court, New York: Oxford University Press, 2020, 304 pp, hb £64.00

Chris Hanretty, A Court of Specialists: Judicial Behavior on the UK Supreme Court, New York: Oxford University Press, 2020, 304 pp, hb £64.00

Axiological Perspectives and Dimensions on the Evolution of the Family in Postmodernity

In this paper we will consider the supposed changes of postmodernity in the family. In this respect, we will focus on a few moral-legal perspectives, but to the extent that they will reveal the new dimensions regarding family life and what the current life dominated by technology and excessive somatization implies. The family thus based on the traditional marriage has evolved into a modern form, now reaching what we call the postmodern family. Under the influence of human rights, the specific legal framework of each country and other related laws, at present, each member of the family can be in control of his body and his social and even intimate relations, etc. The equality thus enshrined between the members of the family has led to the situation in which the biological differences have lost their consistency. At the same time, in the family field, the common morality and the religious conscience were outdated and even replaced with the secular values. What was decades ago completely forbidden (adultery, same-sex sexual intercourse, prostitution) is no longer necessarily sanctioned or promiscuous. In this regard, the intimate life knows a kind of relaxation. About all the dimensions reported here, we will discuss further in detail.

New Instruments for Human Rights Protection in Globalization

The Ruggie principles have given new impulse to the process of developing and modernizing International Lawthrough the influence of human rights. However, this process has been developed as “soft law” measuresincluded in the corporate social responsibility activities of multinational companies, which academic opiniondeems has lessened the capacity of human rights for transforming international law into more effective and trulybinding instruments to avoid abuses against human dignity. This issue has prompted a debate concerning the roleof multinationals as subjects of international law, and the advisability of returning to more traditional andconservative approaches to governance of globalization and to effective protection of human rights from riskybusiness activities. However, thanks to Common Law traditions, this model may be transformed into binding rules,using the legal tools of private Law. This reveals the utility of such soft Law regulations in creating cultures ofrespect useful when rule of law is weak to rule relations between states, companies and people, that arise fromthe actions of private individuals rather than the activity of public law-making institutions.

The Relationship between Human Rights Law and International Humanitarian Law Using the Example of Targeted Killings

This article examines the relationship between human rights law and international humanitarian law (IHL) using targeted killings as an example. It analyses the question of whether such an instrument is justified within the human rights and IHL framework, in particular to what extent human rights, which protect every life, influence the legal admissibility of targeted killings under IHL. First, the admissibility of targeted killings under human rights law is discussed. The relationship between the two areas of regulation and the influence of human rights law on international and non-international armed conflict will then be examined. The article shows that human rights law requires a broad interpretation of the concept of the civilian as well as a precise weighing within the proportionality test. Furthermore, the influence of human rights on combatants participating directly in hostilities and on the figure of the permanent fighter is discussed. All in all, the article suggests an interpretation closely oriented towards human rights due to the high potential of danger resulting from targeted killings.

‘The Cast of the Past’: Truth Commissions and the Making and Marginalization of Identity

While truth commissions have become the ‘go to’ response in the aftermath of violent conflict and human rights abuses, serious critical discussion on the extent to which commissions have tended to shape and reify the identities of victims and perpetrators and obscure the reality of structural culpability is only tentatively emerging in the field. Drawing on the literature from the field of transitional justice, this article critically interrogates the relationship between truth commissions and the three key constituencies of victims, perpetrators and structural actors. It suggests that binary oppositions between victims and perpetrators are frequently privileged, resulting in hierarchal conceptions of innocent victims and guilty perpetrators. These polarized categories fail to reflect the complexity of conflict and promote easy and uncritical allocations of blame and responsibility. It also argues that the capacity of truth commissions to engage with structural actors and the structural causes of conflict is limited due to the influence of human rights and criminal justice on transitional justice and an individualized focus on violations of civil and political rights. An impunity gap is thus created, eliding broader patterns of institutional complicity and responsibility for structural violence, while the focus on civil and political rights violations creates further hierarchies of harm and hierarchies of victimization. The paper concludes that greater recognition of the complexity of identity and involvement in conflict is required to provide a more honest reflection on the past and a more sustainable link between truth telling and peace building.

Human Rights, NGO Shaming and the Exports of Abusive States

Does the attention of human rights organizations limit exports from rights-abusing states? This article examines how naming and shaming by human rights organizations (HROs) conditions the influence of human rights abuse on exports, and argues that human rights abuse alone is insufficient to damage a state’s exports. However, as attention to abuse via HRO shaming increases, abuse has an increasingly negative impact on exports. Importantly, this relationship is also conditional on the respect for human rights among importing states; human rights abuse, even if it is shamed, has no effect when importers are similarly abusive. Empirical tests utilizing gravity models of trade incorporating data on physical integrity rights abuse and HRO shaming in 1990–2008 yield strong support for our expectations.

LOS NUEVOS PRINCIPIOS DEL DERECHO DE FAMILIA

This paper presents a critical analysis of the new principles of family law, shows the influence of Human Rights in the great transformations of family law and especially in the configuration of its new principles. Insofar, a systematization of these principles is provided, and we propose to advance in their subject matter and identify their principal manifestations in positive law. We propose as new principles of family law: the protection of the family, the protection of marriage, equity between the members of the family (spouse and children), the protection of the weakest in the family relationships (best interest of the child and weaker spouse), free will, and finally, the principle of minimum State intervention.

The Influence of Human Rights and Basic Rights in Private Law in the United States

The Influence of Human Rights and Basic Rights in Private Law in the United States

Entwicklungslinien eines grundrechtsgeprägten Sicherheitsverwaltungsrechts

The Framework of a Security Law guided by Human Rights The discussion on the security architecture in Germany was triggered by the terrorist attacks after 9/11. This security architecture not only concerns the tasks and structures of the police and intelligence agencies, but also civil protection and the inclusion of private companies. In the context of this interdisciplinary approach, national security law focuses on providing security by state authorities. The powers of these authorities are outlined and limited by human rights. For police authorities this is not a new development. Nevertheless, within a security architecture of considerable complexity the influence of human rights is of growing importance. The development of the German security law is influenced by progressive Europeanization and internationalization. The European Court of Human Rights decides on a case-by-case basis on aspects of security. Regarding the European Union, what matters is not only the law regulating the powers and cooperation of law enforcement authorities, but also reforming the European protection of personal data, including a directive on justice and police. Due to social changes in the information society, the role of network systems is also growing in security. Processing personal data is of crucial importance for providing security. In Germany, the collection and the transmission of data in interrelated data file systems, in which numerous authorities including intelligence services may be involved, are governed by new legal provisions. Cooperation of different authorities, which may apply different laws, has to be guided by a special legal framework. As a consequence, the design of the legal regime for providing internal security is essentially influenced by elements of the regime of data protection. The German Federal Constitutional Court in its jurisprudence has elaborated the outlines of this legal regime concerning the collection of data at an early stage, i.e. before a concrete risk has realized, and the transmission of data between law enforcement authorities on an automatized basis. Police forces still interfere with citizens' rights in a physical way using the traditional means of law enforcement, e.g. search and seizure. However, the interference by means of data collection or transmission is increasingly important because of social changes and European cooperation. National security law has to be reconsidered in the light of data networking. As a consequence, the human right to the protection of personal data is the core element for the development of security law.

Alberta's rights revolution

Studies of human rights that focus on international politics or institutions fail to convey the complex influence of human rights on law, politics and society in a local context. This article documents the impact of the rights revolution in Alberta. The rights revolution emerged in the province beginning in the 1970s following the election of the Progressive Conservative Party in 1971. Many of the issues that typified Alberta's rights revolution were unique to this region: censorship, eugenics and discrimination against Hutterites, Aboriginals, Blacks and French Canadians. However, as the controversy surrounding discrimination on the basis of sexual orientation demonstrates, Alberta's rights revolution remains an unfulfilled promise.

Bringing the Transnational In: Writing Human Rights into the International History of the Cold War

One of the most interesting innovations in recent international history writing is the adoption of transnational approaches. This article echoes earlier calls for international historians to integrate transnational methods more fully into their work by highlighting the salience of human rights and influence of human rights activism as aspects that would otherwise be largely left out of the history of the Cold War. Such methodological innovation is essential to a deeper understanding of the Cold War.