Instrument For Human Rights Research Articles

A re-conceptualisation of the Batwa's right to recognition as a minority and indigenous people in Rwanda: A human rights-based approach

There have been divergent views by various human rights scholars and actors on how to address the question of vulnerability among indigenous and minority groups in Rwanda. Even though factors influencing vulnerability among these groups have received increasing scholarly attention, findings from these studies fall short of reflecting on the role of identity and discrimination. Whereas the government in Rwanda after the 1994 genocide sought to enhance unity and reconciliation by outlawing all ethnic identities, and instead conflating all vulnerable groups into a nomenclature namely, a Historically Marginalised People (HMP), a divergent group of scholars, human rights activists, the United Nations and African Union's instruments of human rights describe this approach as antithetical to the promotion and protection of the rights of indigenous and minority groups. Using the human rights-based approach, this paper critically interrogates the issue of identity and how it has affected the enjoyment of the rights among the minority and indigenous Batwa people in Rwanda.The study employed a qualitative research design with data collected through Focus Group Discussions (FGDs) as well as in-depth interviews (IDIs). Respondents included members of the Batwa community, officials of selected public institutions, leaders in Non-Governmental Organisations (NGOs), and cooperative societies working towards the promotion of rights of the HMP. Data analysis involved the process of transcription and coding of data and the eventual reflexive thematic analysis.The findings show that the rights of the Batwa community to recognition and self-identity have varied meanings and implications to different members of the community as well as officials from public institutions and other relevant actors. To the existing research, the study affirms that the inconsistencies surrounding the Batwa's identity have accentuated their vulnerability.In terms of policy, the study suggests that in the short run, the Batwa community may require enhanced special temporary social protection measures in order to ameliorate their conundrum arising from identity ambiguity without compromising Rwanda's national unity. Further studies, should consider the role of land, forest and culture in further marginalising the Batwa, as well as quantitative methodology for inferential analysis.

المبادئ الدولية لتنظيم حق التقاضي وأثرها في القانون العراقي

The international principles in regulating the right to litigation are international standards which had been stated by the international text concerning human rights and considered a source of national systems in regulating the basic rights and freedom for the individuals including the right to litigation in the constitutions and laws. The principles obliged the parties to respect and protect the rights via legislative and non-legislative procedures to guarantying that all individuals have the rights with no exception. In this research there a mention to the judge right to Iraqi effective legislation and the extent of matching between the constitutional texts and legal texts involved in the international standards concerning the regulation of the right of litigation stated by International instruments of human rights.

The Implementation of General Principles of Convention on The Rights of The Child During Covid-19 Pandemic in The City of Serang

Convention on The Rights of The Child is the most comprehensive international legal instrument of human rights to promote and protect rights of children. In the late 2019, Coronavirus Disease 19 outbreak started. This pandemic then has led to socio-economic impact as a result of preventive and controlling actions. This pandemic has also affected the fulfillment of child’s rights including the rights of children in The City of Serang. This research was aimed at investigating the implementation of general principle of Convention on The Rights of The Child during Covid-19 pandemic in the city of Serang. This study applied normative research method, which is a research discussing legal aspects by studying literature sources on the applied regulations. The result of the study shows that the implementation of general principle of Convention on The Rights of The Child, consisting of the principle of non-discrimination, the best interest of the child, the right to life, survival and development, and the right to be heard, went well along with the establishment of Child Social Welfare Institute to serve children with special needs (LKSA), Integrated Service Centre for the Empowerment of Women and Children (P2TP2A) to receive complaints on the violation of children’s rights, Serang’s Children Forum as a media where children of Serang can participate. The implementation of the right to survival was not as good because Working group (Pokja) for adverse effect following immunization (KIPI) special for children has not effectively implemented.

Transitional archives: towards a conceptualisation of archives in transitional justice

ABSTRACT This paper seeks to trouble and complicate core assumptions about transitional justice and archives and to critically examine the relationship between them. Understanding archives as a mere instrument of human rights obscures the silence of disenfranchised voices and the workings of power and exclusion that foreground the practice and discursive conditions of the transitional justice and human rights paradigms. Records about conflict and dictatorship are like records in general never only a reflection of realities, but they constitute these realities. 1 Following Harris’ plea to find ‘exigencies’ 2 to the transitional justice paradigm it suggests the term transitional archives to highlight the multi-layered afterlife of human rights records. It thereby emphasises the open-ended nature, ‘the in-becoming’, 3 of transitional archives. It argues that by including critical archival studies in our thinking of transitional justice and a violent past, we can push beyond the dominant discourse of healing, closure and reconciliation, and open up space to investigate not only how the past but also transitional justice itself is produced at the intersection of power, memory, narrative and violence.

Necesidades como criterio fundamentador de los derechos humanos

En el presente trabajo se propone una síntesis de las necesidades humanas condensadas en los pactos internacionales de derechos humanos (Derechos Civiles y Políticos y Derechos Económicos, Sociales y Culturales) al igual que en los mecanismos emergentes que reconocen los actuales retos en derechos humanos y condiciones de vida de las poblaciones como la Agenda 2030 – Objetivos de Desarrollo Sostenible. Relacionándola con la teoría de las necesidades expuestas por Maslow de aquellas compuestas por las de carácter radical de mantenimiento y de autorrealización. Se hace lo propio con los instrumentos internacionales de derechos humanos y una relación con lo propuesto en la doctrina jurídica.

„Sprawa Sahary Zachodniej” – znaczenie instytucji sądowych Unii Europejskiej dla stosowania mechanizmu ocen skutków ochrony praw człowieka w sferze stosunków handlowych z państwami trzecimi

Article presents the problem of applying human rights impact assessments by the EU institutions in the trade relations with the third countries and influence of case-law of judiciary institutions of European Union on the development of said instrument. For that purpose instrument of human rights impact assessments was presented along with the good practices regarding normative scope of assessments and desired methodology. Practical analysis of the instrument’s application were exemplified by the description of the EU-Morocco trade agreements influence on human rights of the people of Western Sahara. For that purpose author elaborates on the landmark case-law of the ECJ and EU GC in case of Front Polisario and examines the documents issued in the process of negotiation of the new trade deal within the EU and the Kingdom of Morocco.

Vulneración del derecho de la mujer a decidir sobre su cuerpo, ante la negativa a ejecutarle un procedimiento de interrupción de embarazo producto de una violación sexual

Este artículo examina la eficacia de un mecanismo de control constitucional (juicio de amparo), como instrumento protector de los derechos humanos, cuando la naturaleza de la problemática supera los plazos previstos por la ley para resolver. ¿Qué tan eficaz resultan las sentencias del juicio de amparo en dichos casos, los quejosos son realmente reparados o restituidos en sus derechos humanos consagrados en nuestra Constitución o se limitan a ser sentencias con efectos únicamente declarativos?.

THE LOCAL GOVERNMENT POLICY IN BORDER AREA ON THE EDUCATION RIGHTS FULFILMENT FOR PERSON WITH DISABILITIES IN NORTH KALIMANTAN PROVINCE

The research problems are; first, how is local government authority within human rights fulfilment for person with disabilities? Second, how is legal policy on human rights for person with disabilities?. Third, how is law protection from local government related to education rights fulfiment for person with disabilities in North Kalimantan?. The method of this research uses normative method be equipped by field research. This research is important considering the obligation of state to protect, to recognize and to fulfil of human rights for citizens in its region without discrimination particulary for person with disabilities in border area. Within an effort to implementation, Indonesia Government regulates some legal instrument of human rights, one of the newest is Law No 8 of 2016 on Person with Disabilities. North Kalimantan is youngest province in Indonesia, some local regulation on human rights has been regulated, but the human rights instrument particulary for person with disabilities has not been set up. The research urgency becomes one of the goals to regulate the local government policy on education rights particularly the rights of person with disabilities in North Kalimantan Province, its expected to be a solution against regulation plan in Indonesia on fulfilment of human rights degree for person with disabilities especially education rights for them in North Kalimantan Province. The methodology of this paper is normative that equipped by field research. The conclussion of this paper is in regulation, authority, and legal protection.

HUMAN RIGHTS IMPLEMENTATION ON INDONESIAN NATIONALITY LAW


 
 Since introduced with Universal Declaration at 1948 by United Nations Organization, human rights has becoming a main instrument in international law and national laws. In Indonesia, regulations concerning human rights has been legalized by Act Number 39 Year 1999. Study is needed to explosure the extend of the rules of human rights that has determined in Indonesia Laws. This journal analyze Indonesia Nationality Law based on universal instrument of human rights by descriptive analysis research. Its found that Act Number 12 Year 2006 concerning Nationality of the Republic of Indonesia has accommodate universal instrument of human rights. 
 
 

THE INTER-AMERICAN AND EUROPEAN CONTEXTS OF HUMAN RIGHTS PROTECTION: A BRIEF COMPARATIVE ANALYSIS OF REGIONAL COURTS’ DECISIONS

Os sistemas regionais de proteção aos direitos humanos inserem-se em complexo mecanismo protetivo composto também por mecanismos nacionais e globais. Uma das importantes vantagens dos sistemas regionais em comparação com instrumentos globais de proteção aos direitos humanos reside na menor dificuldade daqueles sistemas em firmar consensos sobre esses direitos. Inegavelmente, os sistemas interamericano e europeu são os mais estruturados e desenvolvidos, sendo objeto de análise específica neste trabalho. Após uma reflexão sobre a construção do Direito Internacional dos Direito Humanos e o Sistema Interamericano de Direitos Humanos, apresentam-se os dados de pesquisa empírica sobre as decisões da Corte Interamericana de Direitos Humanos no período de 2006 a 2012. Posteriormente, realiza-se uma comparação com os julgamentos produzidos pela Corte Europeia de Direitos Humanos no período de 2009 a 2015. É importante registrar que este artigo utiliza, além de literatura especializada, uma forte análise comparativa entre os sistemas americano e europeu de direitos humanos e, em especial, técnicas de estudos legais empíricos com um grande número (Large-N) de dados. A hipótese a ser testada consiste na afirmação de que os sistemas americano e europeu possuem muitas peculiaridades por circunstâncias culturais, legais e históricas, mas um estudo comparativo desses sistemas é relevante para compreender alguns problemas comuns e para analisar diferentes formas de realizar a proteção dos direitos humanos. Como será demonstrado no artigo, a hipótese é verdadeira porque, por exemplo, o número de processos é muito diverso, mas ambos os sistemas têm fortes problemas para fazer cumprir adequadamente suas decisões.

Third Party Rights in Authorization by Ratification at the PICC, PECL and Iranian Law

Agency refers to a contract whereby a person selects another one to do his affairs. It is obvious that agency can be fulfilled in different ways, including explicit authorization and authorization by ratification. Authorization by ratification is ineffective for some contracts and it faces challenges in practice, because it follows the fulfillment of two rights, one the principal’s right for ratification, and the other the third-party’s right to be free from the obligations of an ineffective contract. This article has dealt with the positions of two important International Instrument of Human Rights as well as that of Iran’s domestic law regarding the scope of the use of ratification right by the principal and the owner of the authority right on the one hand and the rights of a third party on the other. It seeks to answer the question whether the principal has the right of ratification in any way, or has some legal restrictions? And if there are some limits to the principal’s right and access to such uncertainties can lead to further compatibility of Iranian law with International Instrument of Human Rights, based on which principles and rules can one establish a relative balance between the parties?

Legal immunities of «color revolutions»

In the XX century developed recognized with mandatory nature of international legal principles designed to protect the state and the people from external threats. The effect of these principles related to the problem of human rights that are guaranteed by several international conventions. Proclaimed in international instruments of human rights are based on the understanding of universal humanism. European understanding of human rights could claim leadership, but the events of recent decades suggest that the West European approach does not become a model for the rest of the world. The peoples will inevitably put in this concept the content of which reflects the peculiarities of national traditions, as well as more general civilizational identity. The practice indicates that the thesis of human rights violations is often used as a pretext for interference in the affairs of sovereign states, the method of intervention are the «color revolutions». Declarative support for democracy becomes a violation of the basic principles of international law of noninterference in the internal affairs of a sovereign state, the principle of sovereign equality of States, etc. The autonomous status of Russia objectively gives rise to the problem of building its relations with other states. It is necessary to strengthen the national legal system as the guarantor of national sovereignty, ensure its interaction with international law and foreign legal systems. It seems appropriate to highlight those areas of national regulation, which are able to enhance the immunity of the state to export a «color revolution».

The Arms Trade Treaty from a Global Civil Society Perspective: Introducing Global Policy's Special Section

AbstractThe 2013 Arms Trade Treaty (ATT) offers the first comprehensive, global and legally binding standards on the trade and transfer of conventional arms. The idea for the treaty was conceived not in the boardrooms of weapons manufacturers, nor in the assembly halls of statecraft, but rather by civil society activists and Nobel Laureates – practitioners, academics, survivors and researchers and advocates. And its robust provisions on human rights, humanitarian law and gender were championed by states often marginalized by traditional arms control. The resultant treaty is a sort of ‘platypus’ of international law – simultaneously an arms control regime, an instrument of human rights and humanitarian law and a trade agreement. Given its widespread acceptance and likely rapid entry into force, it could have a wide‐ranging impact on global policy making in many issue areas. But as with any new framework of global policy, the ATT represents a compromise, recognizing the legitimacy of states' rights to trade in weapons. This special section on the ATT, written from the perspective of scholars and practitioners associated with the civil society campaign that championed the treaty, reviews the ATT's normative implications, role of NGOs and implementation challenges.

“Council of Europe as an Instrument for Human Rights” Seminar at Utrecht University, 13 March 2014

“Council of Europe as an Instrument for Human Rights” Seminar at Utrecht University, 13 March 2014

US and EU Human Rights and Democracy Promotion since the Arab Spring. Rethinking its Content, Targets and Instruments

The momentous changes in the Middle East and North Africa have brought the issue of human rights and democracy promotion back to the forefront of international politics. The new engagement in the region of both the US and the EU can be scrutinised along three dimensions: targets, instruments and content. In terms of target sectors, the US and EU are seeking to work more with civil society. As for instruments, they have mainly boosted democracy assistance and political conditionality, that is utilitarian, bilateral instruments of human rights and democracy promotion, rather than identitive, multilateral instruments. The content of human rights and democracy promotion has not been revised.

Exceptionalism, politics and liberty: a response to Professor Tushnet from the Antipodes

In this comment, the author takes issue with Professor Tushnet’s favourable stance on the protection which political controls can afford human rights relative to legal ones. Writing in a jurisdiction with no formal legal instrument of human rights enables the author to speak with experience of the operation of political controls in a ‘pristine parliamentary environment’. The author outlines the ineffectiveness in the Australian experience of counter-terrorism since September 11 of many of the mechanisms which Tushnet has suggested impose constraints upon the diminishment of liberties. The comment concludes that the essential condition for the enhancement of political controls is the presence of legal ones.

Regional Integration as an Instrument of Human Rights: Reconceptualizing ECOWAS

Acknowledging the classic conflict between the trade and human right regimes, this paper argues that the realities of the least developed regions create an instance where the fundamental motivation for economic integration regimes like ECOWAS is not at odds with the human rights principle. Rather, such economic integration regimes are in themselves the very mechanism for the achievement of human rights as conceptualized within the normative framework of the African human rights system. Through an examination of the ECOWAS Revised Treaty provisions and an exposition on the evolution of the ECOWAS Community Court of Justice, this paper argues that the drafters of the Revised Treaty created a document that took cognizance of human rights. With the key goal being the achievement of development, ECOWAS's greater legitimacy derives from the lack of development in its constituent parts. As such, ECOWAS fulfills the Article 22(2) development duty imposed on member states by the African Charter and is increasingly fine-tuning its activities to follow the Articles 22(1) and 24 guidance on this duty. Therefore, ECOWAS as a mechanism for the achievement of the human right to development collapses Garcia's chasm between the underpinning principles of trade and human rights because it presents regional integration as a utilitarian mechanism for the achievement of deontological rights. While enforcement is crucial to maintaining the commitment for which ECOWAS exists, the lack of enforcement does not obliterate the theoretical interpretation of ECOWAS as a rights tool; it only impeaches the political will of its member states.

25th volume celebration paper Policies for the aged in the 21st century: more ‘structured dependency’ or the realisation of human rights?

By the late 20th century, the plight of millions of older people in many developed countries was regarded as serious and was acknowledged to require concerted cross-national remedial action. Sociologists and social gerontologists only then were beginning to put together explanations rooted in the evolution of social policy and its corresponding institutions. One thesis that attracted support was that the dependency of the aged had been ‘structured’ by long-term economic and social policies. During the final decades of the 20th century, older people were perceived and treated, according to accumulating research evidence, as more dependent than they really were or needed to be. This had been fostered by the emerging institutions of retirement, income maintenance, and residential and domiciliary care. This development had been the responsibility primarily of the State, which tried to deliver welfare but also to accommodate the market. Forms of discrimination against older people had become, or continued to be, as deep as forms of discrimination against women and ethnic minorities. Such ‘institutionalised ageism’ had to be countered. Hopes were invested in anti-discriminatory policies that reflected good reciprocal relationships between the generations in many families and the rights of individuals of any age to human dignity and opportunities to practise their skills. The globalisation of the market and affiliation to neo-liberal policies, together with the simultaneous passage of various instruments of human rights, have changed the nature of the problem, and therefore the debate, during the early 21st century. This paper argues that the release and implementation during and after the Second World War of collective liberal egalitarian values, expressed in many countries in international statements on human rights, as will be shown, had a big impact on the design of public services, including those for older people. If the claims for the elderly in the welfare states of 50 years ago were exaggerated, as we can now safely conclude, the claims for older people today are even more exaggerated – at a time of heightened emphasis on individual rights and individual market powers. The various problems of ‘structured’ dependency persist, and seem set to grow in many parts of the world. Human rights offer a framework of rigorous analysis and anti-discriminatory work. Success depends on good operational measurement, and the incorporation of international and national institutions and policies that reflect those rights.

Navigating Unchartered Waters: Peace Within Hearts, Hands & Minds

This paper is motivated by a need to foster worldwide institutional collaboration and to reconsider conceptualizations of teaching, learning and researching education, encompassing a concern with human rights and a culture of peace. Education is a fundamental element in all processes that aim to build a culture of peace and human rights (UNESCO, 2000). It is more than the provision of information, it is a lifelong, value-based process of improving knowledge and action within the framework of the principles of the international instruments of human rights. My paper is underpinned by the underlying principle of Mahatma Gandhi's philosophy of non-violence, Satyagraha and Ahimsa. In this paper, I articulate that in the context of deep human crisis in the 21st century, the education of future citizens need to be redressed so that a better balance is achieved between academic excellence and human values and moral perceptions. The making of moral citizens must mean persons with ‘human excellence’. I argue that single-minded focus on economic growth and globalization over much of the 20th and 21st centuries has led to an erosion of human values (Galtung, 2003, Lasonen, 2003, Lickonia, 1993). Anger, resentment, lust for revenge, even success through aggressive competition, subverts, undermines and are corrosive of this good. For peace education to accomplish societal change, attitude and value formation need to be considered. This is the first time for the Durban Institute of Technology, that a module of this nature entitled ‘Value-Based & Peace Education’ is being piloted with students across the faculties. The module strives to produce in learners learning outcomes oriented to knowledge, skills, values and attitudes through an integrated approach. It seeks to encourage the culture of peace, interfaith dialogue and education for wholesome value choices. Principles, which are essential cornerstones on which an education for a humanistic and international society must be built, are incorporated.

The Image of the Person in the Human Rights Concept

In human rights conferences, organizations, and tribunals, most often discussions and decisions about human rights involve specific rights. For example, issues include: to what extent should the protection of life prevent capital punishment or abortion? To what extent should guaranteed free speech be restricted when it offends other individuals? To what extent should poor individuals or communities have claims against affluent individuals or communities in the name of social justice? Positive law provides answers to such questions in either national constitutions and statutes that secure rights of the individual or in universal or regional instruments of human rights. Other problems have not yet been resolved by binding national or international law. For the problems that have been addressed, however, disputes still revolve around how to interpret those rights and what weight should be given to competing individual or public interests.