Institutionalization Of Human Rights Research Articles

Human Rights of Inmates in E.U. Member States: United in Diversity and Discipline

International politics nowadays unavoidably speak in terms of the expansion, defense, and institutionalization of human rights. This raises the issue of universalism in its cultural, philosophical, moral, and legal manifestations in light of the current human rights discussion. Moreover, the disciplinary power within the state is now the subject of a disciplinary mechanism in a broader context of international surveillance of human rights protection. The watcher has become watched and we can only ask ourselves: who holds the power within a state in today’s world?

Dutch disability discrimination law and further and higher education: A case study based on the Opinions of the Netherlands Institute for Human Rights

Dutch legislation has prohibited disability discrimination with regard to post-secondary education since 2003, when the Equal Treatment of Disabled and Chronically Ill People Act came into force. The Act prohibits disability discrimination with regard to, inter alia, further and higher education. The Netherlands Institute for Human Rights (NIHR) plays an important role in interpreting and applying all Dutch equality legislation. It has a quasi-judicial task and, in this capacity, hears individual complaints and issues Opinions. The NIHR, and its predecessor, the Equal Treatment Commission, have issued numerous Opinions in the context of post-secondary education and (alleged) disability discrimination. For this reason, the Netherlands has been selected for a case study on disability discrimination in post-secondary education. This article examines 70 Opinions in this area and explores: whether individuals with particular forms of disabilities or chronic illnesses are over-represented in the cases brought; the main areas in which cases (alleging) disability discrimination in the context of post- secondary education have arisen; and the types of (alleged) discrimination which are at issue.

National human rights institutions and the appropriation of human rights: the case of the human rights and equality institution of Turkey

ABSTRACT In 2016, Turkey established its National Human Rights Institution (NHRI), the Human Rights and Equality Institution of Turkey (HREIT), seemingly to promote and protect human rights. However, this development coincided with a simultaneous erosion of human rights and freedom in the country. We employ the framework of human rights appropriation to explain this paradox. Our analysis reveals that the HREIT, a relatively unexamined case in NHRI literature, has adopted a statist and conservative approach toward human rights. Diverging from the conventional understanding that views NHRIs as mostly benevolent actors supporting state compliance with international human rights norms, we demonstrate how they may become tools for the authoritarian appropriation of human rights. This appropriation involves prioritising state security over human rights, embracing cultural relativism, and undermining women's and LGBT+ rights. The potential of NHRIs to advance illiberal interpretations of human rights should be a concern for human rights scholars and practitioners, particularly in the current global context of the increasing political influence of right-wing movements and populist governments.

CORRUPTION AND THE REALISATION OF HUMAN RIGHTS: SOUTH SUDAN AND THE RIGHT TO EDUCATION LLICIT BUSINESS FORUMS IN SOUTH AFRICA: A SURVEY CORRUPTION AND THE REALISATION OF HUMAN RIGHTS: THE CASE OF SOUTH SUDAN AND THE RIGHT TO EDUCATION

The South Sudan Anti-Corruption Commission denounced corruption as something which hinders sustainable education. The debate on the relationship between corruption and human rights thus continues. In South Sudan, like many parts of the world, public and private sector leaders have illegally allocated resources for education and related projects, to personal gain.This article contends that corruption in South Sudan is an impediment to realising rights and it violates human rights. Drawing a link between corruption and human rights, as this article aims to do, enhances our understanding of corruption. This article seeks to bring a unique viewpoint by utilising human rights institutions and practices in combating the negative consequences of corruption on the realisation of human rights.

National human rights institutions: independent actors in global human rights governance?

Abstract In an increasingly complex global human rights regime, international governmental organizations like the United Nations remain concerned with closing the human rights governance gap. In this context, national human rights institutions (NHRIs) are uniquely equipped regulatory intermediaries—they have the mandated powers to support and monitor national governments' human rights compliance, but require government cooperation to operate effectively. We argue that institutional independence is key for regulatory intermediaries like NHRIs to conduct their work effectively. At the same time, independence should not be solely a formal, de jure feature; it is essential for it to also manifest as de facto independence. We thus investigate the extent to which the de jure independence of NHRIs matches their de facto independence, and explain variation. We measure NHRIs' de jure independence by employing quantitative data on 187 NHRIs. To study their de facto independence, we collect survey data on the participation of Asia–Pacific NHRIs in the Universal Periodic Review (UPR), a peer-review mechanism monitoring states' human rights performance. We show that regulatory intermediaries like NHRIs can be successful even when they lack full de jure independence. De facto independence is key, and is facilitated by both NHRI- and UPR-related factors.

Change at the Top: The Necessity of Transitional Leadership Provisions in the Laws of Independent State-Based Institutions

Abstract The leadership of independent state-based bodies is critical to their independence and proper functioning. Where leadership ends, either within or outside of the term of office, legislation must ensure that the institution can continue to function. Transitional leadership provisions provide for the continuation of the powers of office in the event of the absence of the mandate holder. Through a textual analysis of the legislation of National Human Rights Institutions (NHRIs) and ombudspersons from 85 jurisdictions, this article identifies a lack of provision for transitional arrangements in enabling laws. It also discusses the problematic aspects of these legislative arrangements where they are present. It identifies the core requirements to ensure there is no leadership gap for an institution. The findings of the article are relevant for a broad range of state-based institutions including anti-corruption and data protection commissions, equality bodies and police oversight bodies, because all state mandated institutions risk their ability to function being undermined where legislation fails to account for a gap in leadership or does not include sufficient protections, such as immunity, for transitional office holders. This article calls for more robust focus on comprehensive transitional provisions in international standards on NHRIs and ombudspersons, and for the inclusion of such transitional provisions in the enabling laws of all legislatively mandated independent state-based institutions.

Reimagining the Procedural Aspects of Part XV of the United Nations Convention on the Law of the Sea

Abstract This article explores the question: ‘what would/should Part XV look like if it were to be negotiated today?’ Part XV, on dispute settlement, has played an important role in resolving issues including the interpretation of the United Nations Convention on the Law of the Sea (LOSC). Many procedural issues have arisen in these disputes, including those relating to jurisdiction and admissibility. In large part, the system has proven robust, although some tinkering with Part XV processes might be appropriate. Larger scale reforms might include clear instructions on the ability of International Tribunal for the Law of the Sea to consider requests for advisory opinions. Finally, the article considers whether dispute settlement processes in the World Trade Organization or human rights institutions may hold lessons for the LOSC.

Britain’s Contributions to Human Rights Law

This article assesses the various contributions made by the United Kingdom to the development of international human rights law (IHRL) in the last century and it focuses specifically on Britain’s contribution to the law and institutions of human rights as opposed to their enjoyment in practice. The initial focus of the article is on the political branches of the British State – its government and Parliament – in building the normative and institutional foundations of IHRL and in helping and promoting the work of these institutions. The article then looks at the contributions of the British judiciary and legal practitioners, which have been especially notable since the entry into force of the Human Rights Act 1998 (HRA). Finally, the article looks at the contributions of British academics, who have played an outsized role in the scholarly study of IHRL when compared to those from most other States.

Philanthropic Foundations and Transnational Activist Networks: Ford and the Inter-American Institute of Human Rights

AbstractFoundations provide key funds for nongovernmental organizations. We know little about what they do for transnational activism or the mechanisms via which they seek/achieve influence. We carve a middle ground between those who see donors as supporting actors in transnational advocacy networks (TANs) and those who think they distort activism through impersonal market forces. Our negotiation-oriented approach looks at the micro-dynamics of donor–grantee relations. We argue that influence is a function of donors’ organizational characteristics. Only some, especially foundations, have the vision/means to shape grantees. However, internal complexity can cause coordination problems, complicating influence. Additionally, if many donors exist, recipients’ leverage increases. It does so too if their expertise is in short supply. Using archival evidence, we reconstruct how Ford tried to shape the Inter-American Human Rights Institute, a pillar of the region's human rights regime, and the factors conditioning success. For Ford, the Institute could play a role in a fledging TAN, but only if it downplayed its emphasis on research and directly engaged activists. Coupled with analyses of USAID’s relationship with the Institute and Ford's relationship with Americas Watch, we shed light on the activities of an important class of donor and illuminate foundations’ role in the development of TANs.

Exploring Corruption as a Violation of Human Rights in the Practices of International Human Rights Institutions

Abstract This article discusses the evolution of soft law concerning the link between corruption and human rights. Evolution is defined as the increase in quantity and/or quality in International Human Rights Institutions’ normative outputs concerning corruption and human rights in (non-legally binding) instruments. Previous scholarly research was used as the benchmark to assess the evolution. The results indicated quantitative and qualitative evolutions in the production of the normative outputs regarding the link between corruption and human rights. The number of normative outputs produced by the respective institutions doubled and a substantial content-based evolution was identified. However, no normative output explicitly addressing corruption as a violation of human rights was found. Considering the pivotal role of the normative outputs to guide the implementation of human rights promotion and protection, this article suggests that the International Human Rights Institutions should continue to address and further clarify the link between corruption and human rights.

Ecocide Before the International Criminal Court: Simplicity is Better Than an Elaborate Embellishment

In 2021, with their proposals of a new definition of ‘ecocide’, the Independent Expert Panel for the Legal Definition of Ecocide (‘IEPLDE’) and the Promise Institute for Human Rights (‘UCLA’) Group of Experts reignited the discussion on expanding the International Criminal Court’s (‘ICC’ or ‘Court’) jurisdiction over the gravest instances of environmental degradation. The proposed definitions form part of the broader campaign towards the international criminalisation of ‘ecocide’ and its prosecution before the ICC. This discussion challenges such ambitions, arguing that, in its current form, the Court would be unable to produce environmentally-satisfactory results. It underscores that the human-centric fundaments of modern international criminal law (‘ICL’) prevent the ICC from fusing different approaches and values governing international environmental law (‘IEL’) into its institutional design. A middle-ground is proposed instead: rather than surrendering the pursuit of environmental justice before the ICC or risking a ‘symbolic’ revolutionisation, the focus should be re-oriented on maximising the ‘environmental’ potential of the current statutory framework. This approach aligns with the strive towards greater ‘internationalisation’ of international courts and tribunals, encouraging more eager analysis of their statutory provisions from multiple perspectives and in the context of a variety of cross-sectoral international law norms, objectives, principles, and approaches. Two possible directions for progression in that regard are proposed: (i) more resourceful translation of environmental realities into the substantive prohibitions of war crimes and (ii) more active reliance on and application of a ‘greened’ scope of Articles 21(3) and 7(1) of the Statute.

NGOs' approach to human rights and the challenges in Bangladesh

Motivation Human rights non-governmental organizations (HR NGOs) play a significant role in the protection and promotion of human rights, particularly in the global south. In Bangladesh, human rights violations are a major concern. The government's approach to helping victims of abuses and upholding human rights has become contentious. Therefore, in this context, NGOs' approach to and activism in helping victims, public education, and putting pressure on the government to uphold human rights have been considered vital. Purpose The article evaluates and explores the key challenges HR NGOs in Bangladesh face in safeguarding human rights. Methods and approach For this qualitative study, primary data was collected through in-depth interviews with 25 human rights activists, victims of human rights violations and their family members, journalists, NGO officials, and academics. The 25 participants were selected on the basis of purposive and snowball sampling techniques. Findings The findings suggest that the overall role of HR NGOs in Bangladesh is dubious. The HR NGOs in Bangladesh cannot play an effective role in promoting human rights, and the government's role and its responsibility to help victims and safeguard human rights is not upheld. Bangladesh's government tries to limit the function of human rights groups. The key challenges faced by HR NGOs include the ruling elite's intervention in their activities, the government's oppression and harassment of NGO officials, the country's culture of impunity, NGOs' dependence on foreign donations, restrictive laws used to control the growth of HR NGOs, the HR NGOs' financial condition and political interest, and the ineffectiveness of human rights institutions in Bangladesh. These challenges restrict the growth of the HR NGOs in the country and result in their poor performance. However, although their role and influence are limited due to the many forms of government control and oppression, HR NGOs appear to be more active than the government in upholding human rights. Policy implications The collective efforts of the HR NGOs, civil society, the government, and general citizens are crucial to protect and support human rights. HR NGOs, civil society organizations (CSOs), journalists, and the general public should not remain silent on gross violations of human rights but should make the utmost effort to encourage citizens to break the culture of impunity and raise their voices against human rights abuses. In this regard, citizens need to understand the concept of human rights. The state's co-operation in protecting human rights is critical, as the fundamental duty of the state is to ensure the rights of its citizens. Human rights NGOs should monitor human rights situations, help victims of violations, and engage in popular education. The voices of HR NGOs and CSOs should be neutral and united in order to exert enough pressure on the government to change its behaviour regarding human rights. In addition, the judiciary, NHRC, and Anti-Corruption Commission (ACC) should play an active role in ensuring equality and justice.

The Enforcement of International Human Rights Law: Challenges and Solutions

In recent decades, the rise of human rights principles has attracted the attention of governments, organizations, and scholars worldwide. The expanding institutionalization of human rights has led to the formation of various international human rights laws, ranging from binding treaties to nonbinding declarations at both regional and international levels. However, existing scholarship has demonstrated that all international human rights laws, regardless of their form, have limited capacity for enforcement. Using a systematic review method based on existing literature, governmental articles, and non-governmental organization declarations and publications, this paper determines three primary challenges to the enforcement of international human rights laws: (1) inconsistency between states' agreements and practices, which means symbolic ratification by rights-violating governments; (2) professionalization of human rights movement activities, which may diminish the influence of social movements and result in less commitment and impacts; (3) overextension of movement objectives, which provoke adverse reactions against human rights principles. This paper concludes by providing constructive advice on the implementation of international human rights laws.

The Growing Visibility of Intersex Demands at the United Nations: A Review of the Treaty Bodies’ Concluding Observations

In recent years, there has been an increasing visibility of intersex people’s issues and experiences of human rights violations amongst international human rights institutions and monitoring bodies. At the United Nations, to date, there are more than 500 treaty bodies’ concluding observations taking notice of human rights abuses against intersex persons and calling member states to fulfil their human rights obligations. This paper follows the inclusion and visibility of intersex issues in the text of the United Nations treaty bodies’ concluding observations. I looked for explicit mentions of the word “intersex” in treaty bodies’ report documents and reviewed how the concluding observations and recommendations of these bodies resonate with demands coming from intersex activist groups. I found that the main issues included in the treaty bodies’ reports concern intersex genital surgeries (IGS), autonomy claims, and demands for redress and support mechanisms, and while these issues have gained visibility, there are also a number of demands by intersex activists that remain less visible, if not invisible altogether. This paper aims at providing evidence of the increasing visibility and awareness of human rights monitoring bodies have over intersex people’s rights.

Right to Self-Determination of Peoples and the Emerging World Order

In the paper, the author attempted to reveal the influence of the idea of self-determination on the emerging (in the historical and legal context) world order, taking into account the rapidly developing political and legal processes in the 18th-21st centuries. Attention is given to the use of the relevant law by certain states in their national interests, which, in the conditions of instability of the international system, makes self-determination an object of numerous influences, interpretations and restrictions. Considering cases from international practice and documents, the author concludes that over the centuries the concept of self-determination has undergone many transformations and was considered as a tool for redrawing the borders of Europe in the early and middle of the 19th century, after the end of the First World War and before the collapse of the USSR and Yugoslavia. As a mechanism of decolonization, and at the turn of the 20th–21st centuries — as a tool for fragmenting the political map of the world using the ethnic factor as a basis. Quite interesting are the conclusions about the impact of the institution of human rights, remedial secession, external and internal forms of self-determination, globalization processes on the development of the relevant law. The paper, along with other examples, examines the impact of real politics and the existence of double standards when considering issues of international legal recognition of Kosovo in the event of secession from Serbia and the annexation of Crimea to the Russian Federation.

Problems of ensuring and effective legal regulation in the field of human rights protection in the international law

The doctrinal provisions of the institution of international human and civil rights and freedoms in the second half of the twentieth century became critical among other institutions of international and national legislation. This institution has become an indispensable attribute of the legal state representing a significant result of the legal development of society. The problems of legal regulation and the need to protect human rights in modern society have not been sufficiently developed, and require a holistic, comprehensive approach to the study of the institution of human rights and freedoms and citizens. Currently, the recognition of human and civil rights and freedoms reveals the level of development of the country, shows the readiness of the state for international legal integration and further interaction with other states at a higher level.

The future of the institution of human rights and freedoms in Russia: possible scenarios and perspectives

The future of the institution of human rights and freedoms in Russia: possible scenarios and perspectives

Expansion of Psychosocial Care Centers and their relationship with health and human rights.

To analyze the factors associated with the expansion of the number of Brazilian Psychosocial Care Centers (CAPS) considering aspects related to the general health scenario and the institutionalization of human rights. An analytical document-based study, developed between February 2020 and May 2022, whose secondary data on the 27 Brazilian capitals were collected on platforms in the public domain, based on the time series from 2015 to 2020. Indicators were listed based on health system infrastructure and quality of life. For data analysis, descriptive statistics, Pearson's correlation test and Student's t test were used. The capitals that expanded the number of CAPS in the analyzed period were the ones that presented the greatest political-legal framework for the protection of human rights. The results suggest that the greater the commitment of governments in favor of human rights, the greater the investment for CAPS expansion.

Interactions between National Human Rights Institutions and National Mechanisms for Implementation, Reporting and Follow-up: Research and Recommendations

Interactions between National Human Rights Institutions and National Mechanisms for Implementation, Reporting and Follow-up: Research and Recommendations

Exploring Corruption as a Violation of Human Rights in the Practices of International Human Rights Institutions

Exploring Corruption as a Violation of Human Rights in the Practices of International Human Rights Institutions