International Human Rights Research Articles

'If someone had stopped to talk to me': A human rights analysis of Spain's mental health system.

This study explores the gap between Spain's mental health legal framework and the lived experiences of users and survivors of psychiatry, including persons with psychosocial disabilities. Employing a socio-legal methodology, it critically contrasts domestic legislation with qualitative data from interviews, uncovering systemic issues that perpetuate coercive practices such as inadequate judicial oversight and the routine use of coercion and isolation. The findings highlight a significant failure to protect patient autonomy and dignity. This research advocates for comprehensive legal and structural reforms to align Spain's mental health care system with international human rights standards. It underscores the need for a person-centered, rights-based approach that prioritises autonomy, informed consent, and dignity, ultimately promoting a mental health care environment that fully upholds human rights.

Menjembatani Barat Dan Timur: Implementasi Prinsip Ham Universal Dalam Yuriprudensi Islam Kontemporer

The intersection between universal Human Rights (HAM) and Islamic law hasbeen an interesting topic of discussion in recent decades. Human Rights (HAM)were declared in 1948 by the United Nations (UN) General Assembly. HumanRights have become a reference for the international world and influence allaspects of contemporary international relations and law. However, theinterpretation and application of human rights in the national scope are not assmooth as their acceptance. The clash between local culture and law withuniversal human rights is often unavoidable. Islamic law is a product of IslamicSharia which is officially implemented in almost all Muslim countries which arealso members of the UN. Is there a clash between international human rights law and Islamic law and how to resolve it? This paper aims to bridge the gap betweenthese two systems by analyzing the implementation of human rights principles incontemporary Islamic jurisprudence. Despite differences in historicaldevelopment and sources of authority, both human rights and Islamic law havethe same goal, namely to protect human dignity and basic rights. This study willexamine the similarities in values, differences in interpretation, and efforts thathave been made to harmonize these two systems. In addition, this paper will alsoidentify the challenges faced in the harmonization process, and recommend somerecommendations for the future.

In the liminal realm: Qatar's world cup struggle between tradition, modernity, and human rights

This paper examines Qatar's 2022 World Cup through the lens of liminality, presenting the intricate interplay between tradition, modernity, and human rights. By introducing liminality as an analytical tool, the paper explores how Qatar navigates traditional norms amidst global scrutiny, particularly concerning human rights issues such as migrant labour practices and cultural contestations around human rights. Employing liminality as a conceptual framework, this analysis offers a nuanced understanding of Qatar's endeavour to balance cultural authenticity with international expectations. I reveal why Qatar utilised the transient phase to implement reforms to its social and legal systems, aligning with international human rights while ensuring changes were akin with its cultural identity. The paper highlights the transient nature of change during the liminal phase of sport mega-events, emphasising both the opportunities and challenges presented for changes in Qatar. The paper unpacks Qatar continued navigation in the global stage as an extension of the initial liminal phase, demonstrating its engagements with processes of change and adaptation. The World Cup is a prime example that exposes the dual nature of sport mega events, serving as a springboard for social change, while also revealing underlying cultural and structural tensions. I conclude that Qatar utilised this liminal phase as a rite of passage, enabling the nation to traverse the terrain of modernity while testing the permeability of its cultural boundaries.

INTERNATIONAL TRADE AND LAW BASED ON BIBLIOMETRIC APPROACH

This study applies a bibliometric approach to investigate the complex dynamics of international trade and law by analyzing a 994 academic papers. Through methods like co-citation analysis and keyword frequency analysis, the study maps the intellectual landscape of the field, revealing significant research clusters related to international law, economic growth, global trade, and human rights. The analysis uncovers emerging trends in trade law evolution, the impact of globalization, environmental sustainability, and ethical concerns in trade agreements. By highlighting key research gaps and underexplored areas, the study offers valuable insights into the intersection of political, economic, and legal frameworks that shape global trade. It demonstrates the effectiveness of bibliometric analysis in synthesizing intricate information and guiding future scholarly research in international trade and law.

Locking in democracy? Transitions, returning autocratic elites, and human rights treaty commitment

Abstract Under what conditions are new democracies more committed to human rights? Existing explanations focus on the logic of the democratic lock-in as elites in new democracies commit their countries to international human rights treaties and organizations to safeguard against future nondemocratic threats. However, this proposition receives mixed empirical support within the literature, and suffers of endogeneity as it treats all democratization episodes as equivalent. Building on insights from the democratization literature, this paper develops a novel theoretical framework that provides a more direct explanation on the conditions under which political elites in new democracies are more likely to commit to human rights treaties. Using a new measure of returning autocratic elites and an instrumental variable design, the results show that democratic cabinets with a higher share of former autocratic elites are less committed to the international human rights regime. These results have implications for democratic consolidation and human rights compliance.

The Right to Adequate Housing and Minorities

Abstract This paper discusses the role of the right to (culturally) adequate housing in the Framework Convention for the Protection of National Minorities (fcnm) and its monitoring process conducted by the Advisory Committee on the fcnm. The research aims to reveal potential systemic failings concerning the housing of minorities across Europe by identifying common threads related to housing in the most recent Opinions and Government Comments. The paper begins by highlighting the importance of adequate housing conditions that fulfil an individual’s needs and interests, particularly for members of minorities who face uncertainty and discrimination in their journey towards adequate housing. Various international human rights treaties obligate states to respect, protect, and fulfil the right to culturally adequate housing, which plays a pivotal role in preserving their culture and traditional way of life. However, the role of the fcnm in protecting minorities’ housing rights has been understudied, and the discussion is merely ancillary. Thus, this paper aims to fill the knowledge gap by analysing all Opinions and Government Comments for each state’s two most recently completed Reporting Cycles systematically. The paper concludes that the fcnm has a significant role to play in protecting minorities’ housing rights, and more attention should be given to this aspect in the monitoring process conducted by the Advisory Committee on the fcnm. The findings of this research could help improve the protection of minorities’ housing rights across Europe and contribute to the overall goal of promoting social inclusion and equality for all.

Singapore-US Relations 2004-2024:From the Perspective of International Relations Theories

Throughout the period from 2004 to 2024, Singapore's foreign policy towards the United States has been characterized by pragmatism and adaptability. As a small but economically significant state, Singapore has effectively leveraged its strategic location in Southeast Asia to build strong ties with the U.S., securing economic and security cooperation while navigating the challenges posed by the rise of China and the rebalancing of global power structures. The study also delves into Singapore's participation in key regional and global institutions, such as ASEAN and the United Nations, where it balances its support for U.S. interests with an emphasis on regional stability and multilateralism. Singapore has maintained an unwavering commitment to free trade, demonstrating a liberal economic outlook that aligns with American values, especially in the context of their close partnership in areas like defense, trade, technology, and investment. Constructivist theory also provides valuable insight into the shaping of their bilateral relationship, as both countries share an identity as global middle powers advocating for rules-based international order, human rights, and sustainable development. As global power dynamics continue to evolve, Singapore remains an important player in U.S. foreign policy strategies, positioning itself as a bridge between East and West in an increasingly multipolar world.

The impact of gestational age limits on abortion-related outcomes: a synthesis of legal and health evidence

BackgroundGestational age limits (GLs) are common in abortion laws and policies. They restrict when lawful abortion may be accessed by reference to the gestational duration of a pregnancy, in some cases specifying that abortion is a criminal offense after, but not before, the GL. This synthesis of legal and health evidence addresses knowledge gaps on the health and non-health outcomes plausibly related to the effects of GLs on abortion-related outcomes.MethodsThis paper synthesizes the results of a systemic review with the identification and application of relevant international human rights standards. A search strategy was drawn up to capture public health, international human rights law, and policy evidence related to the impacts of GLs. We limited our search to papers published in English since 2010, including quantitative studies (comparative and non-comparative), qualitative and mixed-methods studies, reports, PhD theses, and economic or legal analyses. Only studies that undertook original data collection or analysis were included. Review of treaties, opinions, interpretations, general comments, and special procedures of UN human rights bodies identified relevant human rights standards, which were then synthesized with the extracted data to create a comprehensive evidence synthesis.ResultsGLs do not prevent people from seeking abortion but do operate as a regulatory barrier that can result in people seeking abortion outside of the formal health system or unwillingly continuing pregnancy. In many jurisdictions, they interact with the criminalization of abortion, with significant health and non-health impacts. GLs impact most on people who are least able to access abortion because of later detection of pregnancy, lack of access to abortion provision, and lack of access to the resources required to avail of abortion.ConclusionsAlthough paradigmatic in abortion law, GLs are not based on evidence of either the safety or effectiveness of abortion or the needs and preferences of pregnant people. They produce rights-limiting impacts for pregnant people and, in some cases, result in arbitrary and disproportionate violations of legally protected rights. The persistence of GLs as part of the regulatory framework for abortion provision cannot be said to ensure an enabling environment for quality abortion care.

Escalation of the Iran-Israel conflict

Like the Russian invasion of Ukraine, the conflict between Israel and Iran-supported Hamas, has had a tremendous impact on the continent. As the war lasted and both sides showed a blatant disregard for international law, international humanitarian law and human rights, African response has been sterner and more entrenched. The bombing of Iran's consulate in Damascus and lack of condemnation thereof, combined with Iran's retaliation against Israel, usually described as both bold and restrained, will likely play in Iran's favour while encouraging anti-westernism. Both Israel and Palestine have been counting their allies. That ambiguity ceased to be tenable has played against Israel, and will continue to do so. Until now, only Cameroon, DRC, Morocco, the Seychelles, and vulnerable/dependent countries such as South Sudan and Malawi have been firmly standing with Israel. Pressure will now intensify on Israel's allies and supports. Meanwhile, countries that had unofficial relations with Israel (Libya, Mauritania, Somalia) desisted, except for Sudan. Algeria, Namibia and South Africa led the charge against Israel at the ICJ and the UNSC. That war was already an opportunity for Iran to launch a wide diplomatic offensive through Africa, including improved relations with Algeria and South Africa. Djibouti and Sudan reestablished diplomatic relations, while talks are ongoing with Somalia. Relations are at an all time high with the new Sahel States Alliance. Iran will find her diplomatic offensive on the continent still easier to lead. Meanwhile, the rekindling of support for the Palestinian cause and Israel's appalling conduct in Gaza have greatly strengthened and emboldened terrorist groups throughout Africa. Somalia's PM speech praising Hamas had decided some within the federal army to defect in favour of Al Shabaab. Finally, disruptions in the Red Sea are more likely than ever to subside and disrupt trade for all African states bordering it, from Egypt to Somalia. The tussle over foreign naval bases on the Eastern African coast will also grow more fierce. It is however unlikely at this time that Sudan will either fully normalize relations with Israel or fully side with Iran by granting it a naval base. All these trends, that grew stronger by the day as the war in Gaza lasted and intensified and as the ICJ has pointed to a plausible genocide against Palestinians in the Gaza strip, will only amplify as Hamas-backer Iran and Israel are likely to keep striking each other directly - or even escalate the conflict into a full-blown war.

On the salience of international human rights frameworks to forensic mental health services: bridging paradigms and enhancing care

Forensic mental health services operate at the complex intersection of medical and legal disciplines, servicing populations with complex care needs. In line with the contemporary recovery movement in mental health services, increasingly rights-based approaches are being utilised to provide a guiding framework for service delivery. This paper aims to provide an overview of international human rights instruments that have influenced the development of forensic mental health frameworks of care in Australia and New Zealand, bridging the gap between historically risk-oriented approaches and contemporary models of mental health care. In both Australia and New Zealand, rights-based frameworks have prompted discussions and societal awareness that have informed principles, practices and guidelines of forensic mental health services, a step towards compliance with international human rights law. Nonetheless, contemporary human rights instruments offer potential for progressive social change that, arguably, remains under-utilised by existing frameworks of mental health care.

The subaltern speak: Indigenous women's judicial activism in Brazil

To answer Gayatri Spivak's question, ‘Can the subaltern speak?’ this article examines a historic case in which Indigenous women from Brazil filed a claim of illegal trafficking before the Russell Tribunal on human rights. By means of the ‘soft’ litigation of international human rights mechanisms, the tribunal provided a platform for marginalized victims and witnesses to provide testimony before a global audience. The case opened new legal pathways and influenced the growth of Indigenous women's associations throughout the country, including the creation of AMARN, founded by the plaintiffs, and now Brazil's oldest Indigenous association. The example demonstrates that the capacities of the speaker alone are inadequate to answer Spivak's question. A listening audience, and the historical conditions in which the speech interaction takes place, are of equal, if not greater, importance. For the vulnerable to speak, there must be an arena in which they can do so and be heard.

The Law and Political Economy of Business and Human Rights: From governance gaps to root causes

The Law and Political Economy of Business and Human Rights: From governance gaps to root causes

Human Rights in Islam: A Comparative Analysis of the Legal Frameworks in context of Pakistan and International Norms

The objective of this study is to evaluate the effectiveness of human rights in Islamic law in context of Pakistan and comparative with international human rights. The study employed doctrinal legal research to achieve the objectives of this study in which the researcher collected data from the primary and secondary sources. The primary sources include Quran, Hadith and statutes regarding the human rights in Pakistan and international standards. The secondary sources include research articles and relevant commentaries books. Current study fits into the present knowledge gaps by providing an understanding towards the methodology of human rights in Islamic jurisdictions, specifically in the system of Pakistan. It also discusses how shariah and international human rights systems are similar and differ. It is a fact that as the research highlighted for the reader there is some degree of resemblance between the Islamic law and for instance the principles of density and equality in the international human rights laws but there is a difference. Pakistan legal system inherited an extended understanding of Islamic law and international human right laws but it has problem of enforcement. This study find that there is required more of legal and cultural blend between Shari’ah law in context of Pakistan.

Challenges to Legal Protection of Third Gender Individuals

As society becomes more inclusive and acknowledges the diverse identities of individuals, it is crucial that legal systems recognize and respect the rights of individuals who do not neatly fit into traditional binary gender categories. Many countries worldwide have taken significant steps towards recognizing the legal rights of individuals who identify as a third gender or non-binary. International human rights standards, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Yogyakarta Principles, emphasize the fundamental principles of equality, non-discrimination, and respect for the inherent dignity of every individual. These standards provide a solid foundation for affirming the rights of individuals to self-identify their gender and be legally recognized accordingly. Legal recognition of a third gender ensures that individuals are not forced to conform to gender norms that do not align with their identity. It allows them to live authentic lives, free from discrimination, and fully participate in society on an equal footing. Furthermore, legal recognition ensures access to essential services such as healthcare, education, employment, and social security, which should be available to all individuals without any form of discrimination. Several countries have already taken progressive steps towards recognizing a third gender. Germany, Australia, India, Nepal, Canada, and Argentina are some examples of nations that have implemented legislation or court rulings to legally recognize individuals who identify outside the traditional gender binary.By embracing legal recognition of a third gender, we demonstrate our commitment to upholding fundamental human rights and fostering inclusive societies. It is an opportunity to create a more just and equitable environment where all individuals can exercise their rights and contribute to the betterment of our communities. I kindly urge you to consider supporting and advocating for the legal recognition of a third gender in line with international human rights standards. This can be achieved through legislative reforms, policy changes, and public awareness campaigns that promote equality and respect for individuals of all gender identities. The concept of a third gender refers to individuals who do not identify as exclusively male or female but rather as a gender beyond the binary. This paper examines the legal landscape surrounding the recognition and rights of third gender individuals, analyzes the obstacles they encounter within legal frameworks, and proposes potential strategies to overcome these challenges.

Virginity Testing and the Reed Dance Ceremony in the Zulu Kingdom, South Africa: An Overview

The Reed Ceremony, a traditional practice celebrated in various African communities, has garnered both admiration and criticism for its impact on the rights of women. While the ceremony is deeply entrenched in national customs, its current manifestation has raised concerns about the infringement on women's legal and human rights. This article examines how the Reed Ceremony, though a significant cultural ritual, can undermine women's autonomy, bodily rights, and legal equality. Specifically, it explores how elements of the ceremony may perpetuate gender-based discrimination, reinforce societal structures that limit women's power, and restrict their rights to make informed choices regarding consent, education, and personal freedom. The article also discusses the complex balancing act between idolization cultural traditions and upholding international human rights standards. By critically assessing the ceremony's role in modern African societies, the article calls for reforms that respect cultural identity while ensuring women's legal protection and empowerment. The goal is to find a way to honour tradition without negotiating women's fundamental rights.

OSN a ochrana civilistů v ozbrojených konfliktech

The article deals with the protection of civilians in armed conflicts. It studies the important shift to be observed in the UN context in the past decade after the UN Security Council had decided to put this theme on its agenda. Taking into account the nature of conflicts we see emerging in the world after the Cold had ended in 1989 – asymmetrical new wars taking place in the territories of dysfunctional or entirely failed states, whose parties and actors are not only armed forces of these states, but also various paramilitary groups, private militias, liberations movements, etc. – the protection of civilians has become not only a matter of respect for the norms of international humanitarian law, but also an important, maybe even a key question from the point of view of international peace and security. The text analyses the legal concept of protection of civilians in armed conflicts – especially the impact its current development has on rapprochement/amalgamation of so far separated branches of public international law (international humanitarian law, international human rights law, refugee law, international criminal law). It comments on the thematic debates in the Security Council on this topic between 1999 and 2009. It follows the efforts of the Security Council to strengthen the valid international Jaw and its rule in this area, to enforce more vigorously the international responsibility for its violations, to create, in the other words, the climate of compliance instead of climate of impunity.

Ochrana práv dítěte za ozbrojeného konfliktu

The aim of this contribution is to examine the applicability and effectiveness of the norms of IHL and human rights relating to children in armed conflict situation. The question must be asked and answered in the context where the nature of armed conflicts has undergone profound changes since the 83 major international treaties, such as the 1949 Geneva Conventions and 1977 Geneva Protocols, were drafted. New armed conflicts; international as well as non-international are conducted in ways that have a profound, devastating impact on children, both as civilians and combatants. Question is, how does the international law effectively apply to armed conflicts that do not conform to earlier IHL models and their very aim has been the genocidal annihilation of ethnic group including its children, as in Rwanda and Yugoslavia. As clearly political trendy issue of the world community, new legal instruments have been created; UN Convention on the Rights of the Child (CRC), including its art. 38, a provision that traditionally belongs to the IHL, the Child Soldiers Protocol on the involvement of children in armed conflicts. The issue was also introduced in the 1998 Rome Statute of the International Criminal Court and the 1999 ILO Convention No. 182 on the worst forms of child work dealing with child soldiers. On the regional level, the only binding instrument was adopted, containing provisions on child recruitment and use in armed conflicts – African Charter on the Rights and Welfare of the Child (1990). Moreover, UN resolutions and recommendations discuss the issue, reports and extensively outlined disastrous effects of armed conflicts on children. New political and legal activities express broadly accepted conviction that children caught up in armed conflict constitute a group particularly vulnerable to human rights violations. In this way can be explained the inclusion of art. 38 in CRC. Being an IHL provision in human rights treaty, art. 38 contributes to fill a gap in the protection of the rights of children in armed conflicts. Hybrid character of art. 38 makes it possible to expand certain IHL features and new trends to human rights law. In the same way, being part of human rights treaty, art. 38 of CRC can also contribute to the actual interpretation of IHL. As to the significance of art. 38, the contribution of the Committee on Rights of the Child is the most important. Its concluding observations can actually change States Parties policies, legislation and practice. It is hoped that CRC Committee continues to be important actor in the era of application in which international community redirects its energy from the juridical task of the developing standards of protection of children in armed conflicts to the political projects of ensuring their application and respect on the ground.

A Comprehensive Review of Sedition Laws in India: Analysis of Section 152 Of BNS and Section 124 A of IPC

Sedition refers to actions or behaviors that encourage rebellion against the governing authority or sovereign authority. In India, sedition laws were introduced during British rule to suppress opposition to the colonial government. Section 124A of the Indian Penal Code (IPC) punished individuals who voiced dissent or protested against the British. After India gained independence, the sedition law continued to be in place, despite growing concerns over its misuse. The United Nations Human Rights Committee has raised objections, urging the repeal of sedition laws in India to align with international human rights standards. These concerns were particularly highlighted during protests such as those against the Citizenship Amendment Act in 2019, where sedition charges were perceived as a tool for silencing dissent. In December 2023, the Indian government passed a new act replacing the IPC with a new code, the BNS. This revision introduced significant changes to sedition laws, including broader definitions and more severe punishments. Critics argue that while the law aims to protect national security and unity, it also poses risks of misuse, particularly in curbing free expression. Provisions like "subversive activities" remain vague, contributing to ongoing debate and calling for greater clarity in its application. The law continues to attract criticism for its potential to stifle legitimate dissent under the guise of national security.

International and national non-governmental organizations in the field of protection of human rights defenders

The article is devoted to highlighting the activities of international and national non-governmental organizations for the protection of human rights defenders; defining their place and role in the existing international and national human rights systems. Attention is focused on the activities of such non- governmental human rights organizations as: International Federation for Human Rights (FIDH), World Organisation Against Torture (OMCT), Observatory For Defenders, Amnesty International, Front Line Defenders (FLD), Women Human Rights Defenders International Coalition (WHRDIC), etc. It is noted that there is a significant trend towards an increase in the number of non-governmental organisations on the African continent in response to numerous violations of the rights of human rights defenders. These organisations include: Institute for Human Rights and Development in Africa (IHRDA), West African Human Rights Defenders Network (WAHRDN), AfricanDefenders (Pan-African Human Rights Defenders Network), Network of Human Rights Defenders in Central Africa (REDHAC), Network of African National Human Rights Institutions (NANHRI), DefendDefenders (East and Horn of Africa Human Rights Defenders Project (EHAHRDP)), SouthernDefenders (Southern Africa Human Rights Defenders Network (SAHRDN)). It is concluded that the importance and activities of international and national non-governmental organizations are that they are, first of all, an integral part of the international universal and regional mechanisms for the protection of human rights, since human rights defenders are guaranteed the rights provided for in international human rights instruments, and therefore, in case of their violation, they have the right to apply to the supervisory bodies of these treaties (the Human Rights Committee, the European Court of Human Rights, the Committee against Torture, etc.; secondly, the above mentioned organizations contribute to the protection of the rights and freedoms of human rights defenders, taking into account the specifics of the region and national legislation; focus on respecting gender equality; make significant efforts to improve the existing legal framework for the protection of human rights defenders, expand the rights of this category of persons, taking into account the changing situation in the world with human rights and modern challenges.

Pre-trial investigation of military crimes in Ukraine: standards, risks for a special life and health

Pre-trial investigation of war crimes is one of the most important stages in ensuring justice and compliance with international human rights standards. In Ukraine, this area has acquired particular importance due to prolonged hostilities and numerous violations of international humanitarian law. War crimes committed during the war have a significant impact on the lives of civilians, destroy social order and create challenges for the legal system of the state. The article examines in detail the main standards of pre-trial investigation of war crimes, which ensure objectivity, independence, transparency and efficiency of the process. Particular emphasis is placed on the importance of respecting the rights of all participants in the process – victims, witnesses, suspects and accused – in accordance with Ukraine’s international obligations. Special attention is paid to the risks that arise for the personal life and health of participants in the pre-trial investigation, in particular investigators, prosecutors, experts and witnesses. Physical threats, such as direct acts of violence or intimidation, are a serious challenge to the effectiveness of law enforcement agencies. Psychological stress associated with working with traumatic materials and public pressure can lead to professional burnout. Information attacks and cyber threats aimed at discrediting participants in the process or violating the integrity of evidence pose an additional danger. The need to implement specialized protection programs is noted, including physical protection, ensuring data confidentiality, legal support and psychological assistance. An analysis of the current practice of investigating war crimes in Ukraine demonstrates both achievements and gaps. Ukrainian law enforcement agencies actively cooperate with international partners, such as the International Criminal Court, which allows borrowing best practices and improving procedures. However, the lack of a clear regulatory framework and insufficient technical equipment of investigative bodies complicate the process. In particular, mechanisms for collecting, preserving and verifying evidence, as well as the integration of modern technologies for their processing, require improvement. Based on the analysis, recommendations are proposed to improve the efficiency of pre-trial investigations of war crimes.