International Human Rights Conventions Research Articles

Insights from a community of practice: Integrating human rights in fisheries improvement

A recent article authored by Williams and Sparks suggests that fishery improvement projects (FIPs) “as currently constituted and reported, will not be an effective part of the fight against labour exploitation and abuses in global industrial fisheries.” We wish to reinforce their argument that driving social responsibility improvements in global fisheries requires a systemic approach combining genuine worker representation, mandatory human rights due diligence, enforceable and legally binding agreements, changes to purchasing practices, and the ratification and implementation of international labor and human rights conventions, and we acknowledge that the FIP model alone will fall short of this. Based on our collective experience working towards social improvements in fisheries, we wish to bring a slightly more nuanced perspective to bear to demonstrate the critical importance of using a human rights-based approach in fisheries’ sustainability efforts across industrial and artisanal contexts. We structure this response by revisiting each of the main points Williams and Sparks raise, bringing in our own experiences and additional evidence to build upon their original remarks, suggesting: there is a need for continuous monitoring and improvements in dynamic risk environments; voluntary measures can lead to and buttress mandatory and legally binding measures; diverse fisheries require diverse approaches; and humans are inextricably linked to fisheries, thus effective and enduring solutions must consider human wellbeing and environmental sustainability in tandem. We end with a call to action with explicit roles and responsibilities for different actors inside and outside of the Fishery Improvement Project context to support binding and enforceable agreements between buyers and fishworker representative organizations, advancing human and labor rights protections in seafood supply chains.

Human rights in international law, state responsibilities and accountability mechanisms: a case study of Iran

ABSTRACT This research presents a critical theoretical and practical re-examination of the link between human rights' issues and politics at national and international levels. The study of human rights is an inherently multidisciplinary enterprise. The paper provides an insight into the relations between diplomacy and human rights and discusses how the latter are exploited for political and commercial aims. This study focuses on the case and constitution of the Islamic Republic of Iran (IRI), and the problem of hostage taking. An internationally-oriented study and based on theoretical arguments and an empirical research approach-notably by using several real cases of ordinary individuals of foreign and dual nationalities who became hostages and the subject of political games and financial conflicts between Iran and the Western countries-the paper highlights the issue of hostage taking of individuals by a state as a political policy and prisoner swaps involving financial and commercial deals. The paper provides evidence of the substantial suffering of the hostages and their families. The paper makes an academic contribution to the literature-the unlawful act of hostage taking involving a state has rarely been discussed -and addresses the legal vacuum in international law and human rights conventions regarding the topic.

Chemical Castration in Indonesian Criminal Law: Human Rights Perspective

This study delves into the controversial practice of chemical castration for sexual offenders against children within Indonesian criminal law, examining it through a human rights lens. Adopting a normative legal method, the research incorporates legislative and conceptual analysis with data sourced from primary and secondary legal materials. The study reveals a stark incongruity between chemical castration and rehabilitation goals of the penal system, highlighting its inhumane nature and violation of human dignity. Furthermore, the research discusses the additional sanction of electronic detection devices, scrutinizing its infringement on privacy rights and inconsistency with the International Covenant on Civil and Political Rights (ICCPR). This study underscores the critical need for a penal system that respects human rights while addressing sexual violence against children, calling for a shift from punitive to rehabilitative approaches.Highlights: Chemical castration in Indonesia's penal system conflicts with rehabilitation goals and human rights principles, being inhumane and degrading. The additional use of electronic detection devices infringes on perpetrators' privacy rights and contradicts international human rights conventions. The study advocates for a penal system that balances the need for justice in cases of sexual violence against children with respect for human rights and dignity. Keywords: Human Rights, Chemical Castration, Indonesian Law, Sexual Violence, Penal System

How Expert Committees Become Group Agents: Self-Legitimation in the Committee on the Rights of Persons with Disabilities

Abstract The UN human rights treaty bodies—groups of experts tasked with monitoring how states implement international human rights conventions—are increasingly portrayed as powerful collective entities with agency. This article focuses on one mechanism that helps collectives of individuals become group agents, namely internal self-legitimation. By internal self-legitimation, we mean practices such as narratives and rituals enacted by a group that ascribe legitimacy to it in the eyes of its members and are key to building common identification among them. We explore how self-legitimation facilitates group agency on the basis of a case study on the Committee on the Rights of Persons with Disabilities (CRPD), obtaining empirical evidence for the study from content analysis of CRPD documents and interviews with former and present members. We show that specific legitimation narratives—related to the moral value of the committee’s task and the moral integrity of its members, the fairness of the CRPD’s procedures, and the committee’s association with other presumably legitimate institutions—facilitated identity-building and helped the CRPD to develop the characteristics of a group agent and take decisions. Finally, we explore the conditions on which the findings might be applicable to other human rights treaty bodies.

Social inclusion of people with mental illness: the widening gap in the adult population in Belgium

Abstract Background Social inclusion is poor among people with mental illness (MI). In recent decades, many countries have developed policies to address this issue. It remains unclear, however, whether their social inclusion has improved over time. This study aimed to assess the evolution of the social inclusion of adults with moderate and severe MI compared to the general population without MI between 1997 and 2018 in Belgium. Methods Data on the general adult population were retrieved from the Belgian Health Interview Survey in six cross-sectional waves from 1997 to 2018. Three degrees of MI severity were compared using the 12-items General Health Questionnaire: no MI, moderate MI, and severe MI (score < 4, 4-7, and > 7). Social inclusion was measured using indicators relating to employment, income, social contacts, and partnership. Results Since 1997, the probability of being unemployed, having limited social contacts, and living on less than 60% of the median national income has been increasing among people with severe MI. Between 1997 and 2018, social inclusion increased among the general population without MI and among people with moderate MI, but decreased among people with severe MI. Conclusions The gap between the social inclusion of people with severe MI and people with moderate or no MI has widened over time, despite major reforms of mental health care and policies. Policymakers and clinical practitioners should pay more attention to supporting the social inclusion of people with more severe MI, particularly in relation to employability and social support. Key messages • In Belgium, the social inclusion of people with severe mental illness has decreased over the past two decades. • The widespread social exclusion of people with severe mental illness is in conflict with international human rights conventions.

Women’s Rights in Nigeria’s Indigenous Systems: An Analysis of Non-Discrimination and Equality under International Human Rights Law

The Nigerian legal system is diverse in that it recognizes several established legal systems that regulate how Nigerians conduct themselves. These legal frameworks include the civil law that was passed down from the British during and after colonization, pre-colonial customary laws and cultural practices, and religious laws (Christian and Islamic laws). Different kinds of norms and laws have subjected Nigerian women to violations of their rights depending on the woman’s cultural or religious affiliation. Such cultural and/or religious practices are usually in opposition to civil law and the Nigerian constitution, which is a custodian of these rights. Moreover, despite the supremacy of the constitution and expected compliance with international human rights treaties that Nigeria has ratified, the fact is that today there are impediments to the effective protection of women’s rights in Nigeria. For instance, although the Nigerian constitution outlaw’s discrimination on the grounds of gender, customary and religious laws continue to restrict the effective implementation of women’s rights, making it extremely difficult to harmonize domestic legislation with international human rights conventions, and also remove discriminatory measures. This article, thus, examines the issues of gender inequality as the basis for agitation for women’s empowerment and women’s rights while also proposing a re-alignment of domestic legislation in compliance with international human rights conventions and treaties, in order to combat cultural and religious norms that flout human rights considerations for Nigerian women. Therefore, the main objective of this paper is to highlight the challenges that may arise when these legal systems clash, and how that affects the protection of women’s rights, particularly in view of international human rights treaties which Nigeria has signed and ratified. The article will therefore propose that women’s rights should be protected by seeking to eradicate cultural and religious practices that are discriminatory. This can be achieved by adopting laws which can be interpreted by domestic courts in line with constitutional requirements protecting the rights of women. It is noteworthy that the Nigerian judiciary has declared certain customs and traditions contrary to natural justice, equity and good conscience. Some of the case laws and judicial pronouncements will also be examined in this paper to enable implementation for the protection of women’s rights. The methodology adopted is desk-top legal research where judgments of courts and legislative enactments will form the basis of the findings of this paper.

Assessing Women's Rights in Pakistan: An Analysis of Legal & Social Challenges with Potential Solutions

This article aims to conduct an implicative analysis of women's rights from a legal perspective in Pakistan, viewed from an international perspective. The study analyzes the laws and regulations in place in Pakistan related to women's rights and evaluates their effectiveness in upholding these rights. The study also compares Pakistan's laws on women's rights with international human rights standards and conventions. Additionally, the current state of women's rights in Pakistan is analyzed, including the challenges and barriers women face and the efforts to address these issues. Despite several domestic and international laws, flaws that endanger women continue to exist in this modern era. When the Pakistani community is considered, the situations are worse, especially in tribal and agency areas, Baluchistan, and southern Punjab. Although Pakistan has ratified all the international conventions and treaties, besides the implications of the teachings and preaching of Islam, the situation still needs improvement. This review article will look at women's rights in Pakistan from an international perspective by comparing Islamic and western ideas using a descriptive approach. The paper concludes that an implicative analysis of women's rights from a legal perspective is crucial for understanding and improving women's rights in a given country.

Human rights promotion and the ‘Geneva impasse’ in mental healthcare: scoping review

The World Psychiatric Association recently emphasised that the protection of human rights in mental healthcare was a 'central concern'. This paper examines recent literature on human rights and mental healthcare. To (a) outline how international human rights law distinguishes between the protection and promotion of human rights; and (b) explore the literature on promoting human rights in mental healthcare which avoids what has been termed the 'Geneva impasse' between those who argue that compulsory care and treatment can never comply with human rights law and those who argue that they can if certain conditions are met. The following doctrinal methodology was used: (a) identification and detailed analysis of international human rights conventions and commentaries; (b) identification of key literature on human rights and mental healthcare; and (c) critical analysis of key issues emerging from the literature. Much of the literature on human rights and mental healthcare focuses on whether restrictions on compulsory care are required to meet the requirements of United Nations Conventions. There is an emerging literature identifying measures to promote the right to the enjoyment of the highest attainable standard of mental health. There has been a focus on protecting the rights to liberty and equality before the law for mental health patients. The nascent literature on promoting human rights in mental healthcare could mark a way forward beyond the 'Geneva impasse' that has dominated public debate in recent years.

A Study of International Human Rights Issues in Unmanned Aircraft Operations

With the development of technology, intelligent devices are being used more and more in every aspect of people's lives, and humans are becoming more dependent on intelligent products. Of course, not only in everyday life but also in the military, where intelligent devices play an increasingly important role. From the early days of cold warfare to the present day, the use of science and technology has greatly impacted how warfare has changed. Drones, combat robots, and cruise missiles are all the fruits of intelligent military warfare. Of these, drones are relatively widely used and play an essential role. As a new form of combat, drones have a great deal of autonomy, making them far more destructive than other forms of combat. The low cost of drones has led to the use of drones by the major powers, and the question of how to restrict the use of unmanned combat devices, especially drones, cannot be ignored. There are currently no international conventions that explicitly regulate drone use; the only ones that have any effect are the international human rights conventions. Drones pose a significant threat to human rights, particularly in terms of their indiscriminate strikes and lack of accuracy, which is one of the issues that should limit their use in warfare. The issues arising from using drones and how they threaten human rights should be the focus of attention.

Conscientious Objection Before the Indonesian Constitutional Court

The issuance of Indonesia’s Law No. 23 of 2019 on the Management of National Resources for State Defense (PSDN Law) sparked a national debate on conscription and conscientious objection. Consequently, a coalition of civic society organizations submitted the PSDN Law before the Constitutional Court for judicial review. They argued that the PSDN Law violates the Indonesian Constitution’s Article 28 on human rights protection. One of the legal submissions is based on the argument that the PSDN Law deliberately ignores human rights in order to provide reserve and backup components to the military. This argument is supported by Article 18 of the International Covenant on Civil and Political Rights (ICCPR) and the ICCPR’s General Comment No. 22 of 1993 paragraph 11, justifying conscientious objection as an inherent human right. The analysis in this paper is mainly uses the legal positivism paradigm and the human rights-based approach. This paradigm provides a framework for analyzing how the PSDN Law generates a distinctive legal feature for Indonesia’s legal system. In line with Article 28 of the Indonesian Constitution, the Constitutional Court should explicitly assess the preservation of civil rights. It may be claimed that conceivable legal gaps (norm versus reality) and legal loopholes add to the Constitutional Court’s obligation to consider the omission of conscientious objection recognition. This article argues the Constitutional Court should adjudicate on the issue of citizens being conscripted as reserve and backup components in situations of military threats, hybrid threats and/or non-military threats. This research further maintains that the Constitutional Court should recognize the existence of conscientious objection as an inherent human right, as a form of judicial activism. In accordance with the doctrine of judicial activism, the Court could resolve and offer solutions to the existence of conscientious objection as a democratic civil right. The Court should also determine the area, scope, application and orientation of conscientious objection as a distinct feature of human rights based on Indonesia’s context and perspective on defense required by international human rights treaties, conventions, or general comments on such instruments.

From Freedom of Expression to Freedom of Speech – the Guarantees under the Nigerian Constitution and the Real Challenges

Right to freedom of expression is one of the globally recognized fundamental rights guaranteed and protected in many international human rights conventions, charters and other international and regional treaties and instruments. In Nigeria, the right has always been given recognision and specifically provided for in all the Nigeria’s constitutions, including the colonial and pre-independence. Even under the constitutional arrangements under the military governments, the said right is given recognition. Under the 1999 Constitution of Federal republic of Nigeria, the said right has also been prescribed for as one of the rights guaranteed for all Nigerians and anybody on the Nigerian soil. Nevertheless, it is one thing to recognize a right and it is completely another to practically implement the guarantees provided for. The Nigerian constitution is said to have given the said right with one hand and takes it away with another hand. This article critically analyses the right to freedom of expression under the Nigerian Constitution 1999 to discover whether or not the constitution as is being alleged, is really speaking from two sides of its mouth.

Beyond the Right to Have Freedom: Religion and Belief in the Context of COVID-19 Health Emergency Regulation in Indonesia.

This article argues that the right to have and express freedom can be restricted for several reasons, including a public safety emergency. In line with this idea, this article discusses government regulations in response to the COVID-19 pandemic, which had a crucial impact on the discourse on the right to freedom in Indonesia. Methodologically, this study uses critical qualitative analysis to overview the focus issue of this research in academic work and mainstream media coverage. At this point, this study uses relevant and recently published information regarding the intersection between Indonesian government regulations related to COVID-19 and the manifestation of the right to freedom, especially freedom of religion. This article provides an essential finding that restrictions on the right to have freedom are justified in consideration of public health due to the COVID-19 pandemic. International human rights conventions explain this mechanism. This article is a timely and contextual academic review with two contributions. First, this article theoretically adds information to academic discussions around the intersection between human rights, religion, and state regulation. Second, this study will help the state and religion build a constructive response to the COVID-19 pandemic and future crises. This contribution can be elaborated more profound and comprehensive in future research.

الحقوق السياسية لمكتسب الجنسية العراقية واثرها في تعزيز المواطنة

Most domestic laws, including laws on nationality, are affected as political rights addressed by international human rights conventions. Nationality is the main component of the people's corner in the country. Under the international conventions governing the provisions of nationality and its freedom to regulate matters of nationality in the interests of the Iraqi state, the State law No. 26 of 2006 was enacted and this law responded to many internal circumstances at the expense of international standards.

Avrupa Din Eğitimi Politikası

Religious education in schools in Europe must comply with the human rights principles expressed in relevant international human rights conventions and with the case-law produced by supranational courts such as the European Court of Human Rights. Moreover, in recent decades, European organisations such as the Council of Europe and the Organisation for Security and Co-operation in Europe have published recommendations, guidelines and reference books concerning religious education in schools. Even though it is early to claim that there is a coherent and homogenous European religious education policy, there is at least a tendency towards unifying it. Therefore, this article discusses the European religious education policy, particularly its principles, namely religious education's place in schools, its model and aims, the right of withdrawal from religious education, and consultation with relevant stakeholders. It is a qualitative research study, which adopts document analysis. The implications of the European religious education policy for national religious education policies are also discussed.

Transformation of Medical Care through Gene Therapy and Human Rights to Life and Health - Balancing Risks and Benefits.

This article is about how somatic gene therapy can be legally regulated and risk assessed as medical treatment when taking the following international human rights conventions into consideration: the right to life in Article 2 of the ECHR and the right to health in Article 12 of ICESCR. The right to life can involve both protection against risky genetic methods and access to necessary health care. In this context, human rights can be a basis for identifying interests that must be considered in a rapid technological development. Focusing mainly on human rights to life and to health, it is argued (1) against a total ban or general moratoriums on gene editing; (2) that regulations should be based on international cooperation and consensus; and that (3) rights to health may involve obligations to provide access to genetic methods.

The Unfolding of Equality in International Human Rights Conventions

The Unfolding of Equality in International Human Rights Conventions

Legal and regulatory aspects of improving the sanctions policy of Ukraine

The paper examines the legal nature of sanctions imposed by the UN Security Council and individual states to combat violations of international law. The UN Security Council sanctions have been identified as mainly economic restrictions and other coercive measures imposed for violations of major international human rights conventions and instruments.
 A comparative legal analysis of the sanctions policy of the United States of America and the European Union was carried out, on the basis of which it was concluded that the sanctions policy implemented by the European Union and the United States of America is fundamentally different. In the EU, it is implemented in accordance with the institutional documents on the establishment of the European Union, which allow the introduction of restrictive measures against individuals or legal entities and groups or non-governmental organizations. At the same time, US sanctions are imposed on any entity that poses a threat to the US economy, even when its actions are lawful under national law. The US experience with the introduction of “secondary sanctions” is interesting, when a natural or legal person cooperating with sanctioned organizations or individuals may be subject to US economic sanctions.
 The content of the Law of Ukraine “On Sanctions” and the practice of its implementation through the decisions of the National Security and Defense Council of Ukraine, which are enacted by Decrees of the President of Ukraine. Based on the above, proposals and recommendations for improving its content are formulated: 1) to determine that sanctions against citizens of Ukraine are an exceptional measure and are applied in case of impossibility of full pre-trial investigation due to their stay outside the jurisdiction of Ukraine; 2) to expand the list of legal grounds for the application of sanctions to citizens of Ukraine by including, in addition to terrorist activities, the commission of crimes against the foundations of national security of Ukraine; 3) to determine an exhaustive list of sanctions to enshrine in it the possibility of restricting access to Internet resources; 4) to establish a mechanism of legal liability for non-compliance with the requirements imposed by sanctions.

The Holship ruling of the ECtHR and the protection of fundamental rights in Europe

The status of trade union rights in the EU has been contentious since the CJEU sent shockwaves through the trade unions of Europe in December 2007 with its rulings in the cases of Viking and Laval. In its recent Holship ruling, the ECtHR has challenged these rulings. Contrary to the assertion of the CJEU in Laval that it is inherent in the very exercise of trade union rights and the right to take collective action that they will be prejudiced to a certain degree, the ECtHR stated that “the degree to which a collective action risks having economic consequences cannot (…) in and of itself be a decisive consideration in the analysis of proportionality under Article 11”. This has potentially wide-reaching implications for the relationship between the human rights recognized in international human rights conventions and EU fundamental rights.

Širenje opsega obaveze države da štiti pravo na život lica pod svojom jurisdikcijom prema novijoj praksi Evropskog suda za ljudska prava

The right to life is indisputably the most important human right. It is safeguarded in almost all international human rights conventions which envisage the right to life before all other rights. Thus, in the European Convention on the Protection of Human Rights and Freedoms (ECHR), the right to life is enshrined in Article 2, which provides for the protection of this right and obligations stemming thereof. Under Article 2, a State is obliged to refrain from violating the right to life by the actions of its state bodies. On the other hand, the jurisprudence of the European Court of Human Rights (ECtHR) has established additional obligations for states, aimed at protecting human rights. One of them is the positive obligation which implies taking measures by the State in order to protect the right to life from the actions of third parties, which are not state bodies. According to the so-called Osman test, when asked to establish whether there has been a violation of Article 2 of the Convention, the Court will examine whether the State was aware of the existence of a real and imminent risk to life, which the State knew or could have known of, and whether the State had undertaken adequate measures to eliminate that risk. The Court's case law also recognizes the principle that the Convention is to be interpreted as a "living instrument", in light of contemporary circumstances. By applying this principle, the Court has expanded the scope of the positive obligation of the State to protect the right to life of persons under its jurisdiction, which is evident in the recent practice of the Court. First, based on the Mastromatteo and Maiorano cases, the Court has established the criterion that there shall be a risk to society, instead of a risk to the life of a specific or at least identifiable person. Then, based on the Bljakaj case, the Court introduced an additional criterion of "a critical moment in the development of events" which the State clearly identified as bearing a risk to human life. Finally, in the case of Kotilainen and Others v. Finland, the Court introduced the criterion of "due diligence". In this paper, the author analyzes the case law of the Court in an attempt to determine the actual limits of the positive obligation to protect the right to life. The author also seeks to establish whether the Court views on the scope of the positive obligation in the recent case law are in line with other previously established principles and positions in the ECtHR jurisprudence. Upon the analysis, the author concludes that the limits of the positive obligation to protect the right to life have already been determined in certain sentences from the Court's judgments. Thus, it is unnecessary to introduce additional and insufficiently specified criteria, which can negatively affect legal certainty and impose an excessive burden on state authorities.

All in the (Definition of) Family: Transnational Parent-Child Relationships, Rights to Family Life, and Canadian Immigration Law.

International human rights conventions, Canadian law and academic research all support the right to family life. Internationally and domestically, multiple definitions of family are recognized, acknowledging that long-term interpersonal commitments can be based on biological relationships as well as co-residential, legal, and emotional ties. Yet, the Canadian immigration system's limited and exclusionary understanding of parent-child relationships complicates migrant family reunification. Drawing on qualitative interview and survey data from separated families and key informants who support them, we analyze national status and class assumptions embedded in Canadian immigration standards. We argue that Canadian immigration policies disproportionately deny the right to family life to transnational Canadians and their children who hail from the Global South and/or who are socio-economically disadvantaged. Immigration policies neither recognize the globally accepted "best interests of the child" welfare standard nor the human right to family life. We offer suggestions for addressing these inequities in practice and policy.