International Standards Of Human Rights Research Articles

집회 장소 규제 비판

This thesis is aimed at critically evaluating place restrictions of the Assembly and Demonstration Act(ADA, hereinafter) on peaceful assemblies. For this purpose, I examined whether article 11 of the ADA regulating the place of assemblies is compatible with the obligations of the states to protect and promote freedom of peaceful assembly stipulated in various international human rights norms. While the main subject of this article is article 11 designating the perimeters of places such as courts, parliaments or other official buildings as areas where assemblies may not take place, Articles 8 and 12 are also studied insofar as they contribute to the suppression of the right to freedom of peaceful assemblies. The assessment of those provisions is carried out in accordance with international human rights standards, which are well summarized in such documents as General Comment No. 37 by Human Rights Committee (2020), Guidelines on Freedom of Peaceful Assembly by OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR) (2010), and Guide on Article 11 of the Convention: Freedom of assembly and association by European Court of Human Rights (2021).
 In the course of the assessment, I could demonstrate, above all, that Article 11 of the ADA is contrary to the international human rights standards. First, it inverts the relationship between freedom and restrictions by imposing bans on the location of assemblies as the rule and then allowing exceptions. Second, Article 11, prohibiting assemblies near locations that should be considered as public places, runs counter to the international norm that any restrictions on assemblies in and around such places be specifically justified and narrowly circumscribed. Third, under Article 11, whether an assembly falls within the exceptions therein or not is left entirely to the discretion of the regulatory authorities, which would be against the principle of legality the core of which is predictability. Fourth and finally, Article 11, making the judgment on admissibility of assemblies near such places depend on who the organizer of the assembly is, constitutes a violation of the principle of non-discrimination.
 In short, the ADA, combining the prohibition of assemblies near major public institutions and other place restrictions, makes freedom of peaceful assembly nominal and meaningless. Therefore the ADA has no reason to exist. The ADA can contribute to freedom of peaceful assembly and democracy only by being abolished.

Political Financing around the World: A Historical Overview and Financing Models; Which Model for Uganda?

This paper provides an overview of political financing in the world. This enables the proposal to select a suitable political financing model for Uganda. In this regard, an effort has been made to trace the origins of political financing from North America to Africa. The justification for its existence has also been illustrated. Political financing can facilitate the protection and promotion of international human rights standards. This is especially so, regarding citizens’ rights to participate in their public affairs. The paper also shows that money has justifiable and legitimate purposes in electoral campaigns. Its unregulated use, however, may lead to corruption. Finally, the paper suggests a political financing model appropriate to Uganda’s environment. Doctrinal methods of research were used to carry out the study. This method of research involves a library-based analysis of legal sources. There are two steps to the doctrinal research methods. The first step is finding the primary sources of law. The second step is the examination of these primary sources.

State-legal coercion as a method of implementing Ukraine’s political function in the conditions of martial law

The article examines state-legal coercion as a method of implementing Ukraine’s political function in modern conditions. Normative legal acts are identified, and measures of state-legal coercion in the conditions of a state of war are provided. In modern conditions, it is important that state-legal coercion is used in accordance with the principles of the rule of law, taking into account the rights and freedoms of citizens, as well as international human rights standards. It is important to ensure that it does not violate the rights and freedoms of citizens and is not used for political persecution. Ukraine, as a democratic country, is obliged to adhere to these principles in all aspects of its policy and activities. However, during the full-scale Russian invasion, significant changes were made to the current legislation, which affected the rights and obligations of ordinary citizens of Ukraine, as well as certain state bodies. These measures must be applied in accordance with normative legal acts and are temporary in nature, aimed at overcoming an emergency situation (military aggression) and restoring the normal functioning of the state. Due to the prolonged military aggression, state coercion measures are closely related to the sphere of human rights and the rule of law, which is the cornerstone of the implementation of our state’s political function. The state of war is characterized by significant changes in the legal status of subjects of legal relations, as well as an expansion of the competence of state authorities and administration. This is primarily reflected in a sharp increase in the volume of state-legal coercion, which does not have the character of administrative penalties. In summary, it can be concluded that the legal regime of a state of war consists of a system of legal norms, predominantly of an administrative nature, which primarily restrict the rights and freedoms of citizens, as well as the rights of legal entities. These measures expand the powers of state authorities and are introduced in specific territories in the event of specified emergency circumstances, with the aim of the swift restoration and maintenance of the rule of law.

Special Proceedings and Alternatives to Detention for Migrant and Refugee Children

The Author presented an analysis of the procedures and alternatives to the detention of migrating and refugee children in the Polish legal system, significantly influenced by European Union law. The Author pointed out legal solutions within the Polish legal system entangled with international law. It was emphasized that the continued use of child detention contradicts commitments made in international and regional legal instruments aimed at eliminating this practice. Detaining children can have serious negative consequences for their physical and mental health; therefore, alternatives to detention should be considered. Attention was drawn to the necessity of interpreting and applying Polish law in accordance with international human rights standards, including the principle of the best interests of the child to ensure the safety and protection of minor migrants and refugees.

Abuse of right during application of coercive medical measures in criminal proceedings.

Aim: To determine the problematic issues of ensuring the rights and freedoms of persons suffering from mental disorders and to whom CMM are applied in criminal proceedings under the legislation of Ukraine and the legislation of the states that adhere to the modern concepts of international standards of human rights ensuring to a person the CMM are applied to. Materials and Methods: Legal positions of the ECHR, criminal procedural legislation of a number of states, and a survey of scientists and practitioners conducted by the authors are used in this paper (total number of respondents was 168). A set of general scientific and special methods are used to achieve the aim of the study. Conclusions: The practice of applying СMM to persons suffering from mental disorders in criminal proceedings in Ukraine and other states does not fully meet international standards and needs improvement. It was suggested to make changes to the legal acts on the use of CMM in criminal proceedings.

Beyond the turn to human rights: a call for an intersectional climate justice approach

ABSTRACT Climate litigation against states is increasingly based on international human rights law. As a result, more climate cases are filed at international human rights courts and treaty bodies. Strict standing requirements pose significant hurdles, however, for individuals and communities to access such courts and treaty bodies, especially for those most vulnerable to the effects of climate change. This article argues that an intersectional perspective aids in overcoming procedural hurdles and can help international and regional human rights courts and treaty bodies to provide access to justice in climate cases, thus enforcing international human rights standards. Intersectionality unveils how climate change exacerbates pre-existing injustices and how society’s most vulnerable are structurally hit the hardest by climate change. It thus offers courts a more complete view of the impact of the climate crisis on human rights. Moreover, it illuminates how certain individuals are particularly affected by the climate crisis, aiding them in meeting standing requirements such as victim status and individual concern requirements. Examining recent cases brought on by generational groups, the article illustrates how intersectionality uncovers how the intersection of age and climate make certain generations particularly susceptible to climate change-induced human rights violations.

Addressing Indonesian Child Marriage: Comparative Study of Global Standards and Best Practices

Child marriage is a significant human rights issue as it deprives children around the world of their childhood, education, and safety. Its unfortunately a practice that still has prevalence in Indonesian society. This research is done for the purpose of analyzing the threat of child marriage and the urgency for a dedicated effort to tackle this issue normatively. Through the normative legal research method and supported by comparative analysis, this research analyzes how the Indonesian legal framework fare up to international human rights standards and best practices around the world, in tackling the practice of child marriage. Findings of this research suggest that child marriage can still be considered a neglected human rights abuse, due the minimum number of legal developments throughout the years. The findings expose the legal loophole and the lack of criminalization which can contribute to the prevalence of this dangerous phenomenon. This research serves the purpose of the betterment of human rights protection in Indonesia, specifically on vulnerable underage girls, by providing insights and recommendations that the government may consider for future legal development.

An Olympic embrace? A critical evaluation of the IOC’s commitment to human rights

ABSTRACT The intersection of sport and human rights has demonstrated that the actions of global sport mega-event franchise owners can now no longer be viewed as impervious to wider human rights considerations. In examining recent operational developments undertaken by the International Olympic Committee (IOC), as evidenced by their institutional embrace of international human rights standards, this article cautions against an uncritical acclaim of such developments. By drawing upon legal texts, the extant literature on the overlap of both sport and human rights law, and Foucault’s governmentality theory, it argues that whilst the IOC’s embrace of human rights remains a positive development, their ongoing application of the ‘clean venue’ principle on Olympic Host Cities remains problematic for two key reasons. It argues, first, that the ‘clean venue’ principle can be understood as a governmental technique that disciplines and controls Olympic spaces, and those who fall within the regulatory, legal, and operational reach of the principle itself, whilst preserving the existing political economy in which the Olympics are embedded within. Secondly, it argues that as an inescapable expression of the IOC’s commercial and contractual control, the ‘clean venue’ principle raises additional human rights concerns which impact upon various rights such as freedom of assembly and expression and the rights of local communities within and around Olympic and ‘non-Olympic’ spaces. Ultimately, this article contends that while the IOC’s recent operational developments are to be welcomed, much work remains to ensure that human rights law is more visibly foregrounded within the IOC’s legal framework.

Canadian Newspapers Support Mifepristone Medication Abortion to Improve Fulfillment of the AAAQ Right to Health Framework (2015-2019).

In 2015, mifepristone in combination with misoprostol, the international gold standard for medication abortion, was approved for use in Canada. By 2019, all Canadian provinces had included the medication as a publicly insured health benefit. Our content analysis of Canadian newspaper coverage describes arguments in favor of or against medication abortion and the evolving regulatory framework for mifepristone from 6 months before regulatory approval until the last significant regulatory barrier to use was removed (2015-2019). Our study found an exceptionally high level of support for the approval of, introduction of, and removal of regulatory barriers to mifepristone for medication abortion. Of 402 pieces, 67% were pro-medication abortion, 25% presented balanced or neutral coverage, and only 8% presented solely anti-medication abortion viewpoints. Of the 761 individuals quoted, more than 90% made positive or neutral statements about medication abortion. Most pieces discussed medication abortion as a health issue and described how liberalization of the regulatory framework would improve abortion availability (68%), accessibility (87%), acceptability (34%), and quality (28%). Rather than formal balance, which presents contrasting arguments as equally valid even when the scientific evidence for one vastly outweighs the other, our study identified evidentiary balance, in which coverage aligned with the weight of evidence and expert opinion. Our results differ from analyses in other high-income countries (United Kingdom, United States) where media outlets frame abortion in relation to morality or electoral politics rather than as a health issue. The Canadian print media presented overwhelmingly favorable arguments toward the expansion of mifepristone medication abortion and framed the introduction and universal coverage of medication abortion as advancing the "Availability, Accessibility, Acceptability, and Quality" (AAAQ) Right to Health Framework that establishes international human rights standards for health information, facilities, goods, and services.

Regulating Online Hate Speech through the Prism of Human Rights Law: The Potential of Localised Content Moderation

Abstract This article explores whether international human rights standards can provide insights into the following questions: who can and should define what constitutes ‘hate speech’ for online moderation, and how can hate speech be detected and moderated on social media platforms? Regarding who should moderate hateful content, the article underscores the responsibility of social media companies, in reference to international human rights law and principles on business and human rights. This paper advocates for a multistakeholder approach where companies work in partnership with and under the monitoring of state actors, civil society and other relevant stakeholders. Given the complexity of what constitutes hate speech, the article proposes the localisation of terms of service and guidelines of social media companies. This approach, in line with human rights standards, enables the meaningful involvement of local experts and civil society groups in formulating, implementing and monitoring online community rules. Addressing the question of how social media companies can detect and moderate hate speech, the article argues that a globally standardised approach reliant on AI content moderation is limited in detecting contextual nuances of hate speech. Drawing from international human rights tools like the Rabat Plan of Action, the article suggests that social media companies should consider diverse local contexts for better interpretation and effective detection, with qualified human moderators with local knowledge and oversight boards with local expertise. By taking a human-centered, localised approach to content moderation and collaborating with relevant stakeholders, businesses can contribute to creating a digital space that upholds fundamental rights, prevents harm, and encourages inclusivity and diversity.

The Cruel Optimism of International Prison Regulation: Prison Ontologies and Carceral Harms

This article examines the development of international human rights standards and oversight mechanisms directed at addressing the negative effects of imprisonment. We identify this as the rules-based prison-regulation project, widely endorsed by international organizations and legal scholars. However, with a focus on the United Nations Standard Minimum Rules for the Treatment of Prisoners, we argue that this project has inherent limitations, as it is based on (a) a reductive understanding of carceral harms and (b) a rule-centric ontology of prisons. By challenging these foundations, we explore whether the project exemplifies “cruel optimism” (Berlant, 2011), where the pursuit of improved prison regulation could inadvertently hinder societal flourishing. We argue that the continuous search for new and better prison standards may perpetuate rather than alleviate the problems associated with imprisonment unless accompanied by explicit strategies for countering prison growth and dramatically reducing prisoner numbers, for building the democratic power of prisoners and communities targeted by imprisonment, and continual linkages between prison conditions and the wider political-economic institution of imprisonment. We conclude that engaging with prisons as sites of relational power in practice must underlie any quest to reduce the harms of imprisonment.

Framing a human rights approach to communication surveillance laws through the African human rights system in Nigeria, South Africa and Uganda

Today, in any society where crime is possible, communication surveillance is a necessary evil. This is because technologies now offer faster means of preventing crime while they are also capable of undermining the right to privacy. However, protecting privacy should not be mutually exclusive of ensuring public safety. This article argues that while communication surveillance may be permissible under narrow and limited circumstances, the laws made to regulate it in Nigeria, South Africa andUganda do not comply with international human rights standards. In demonstrating this, this article analyses the major laws in these countries alongside the various international human rights principles that must be complied with in framing a rights-respecting law on communication surveillance. The major contribution of this article is that communicationsurveillance laws can be designed in compliance with international human rights standards in the countries under focus. These include Nigeria, South Africa and Uganda carrying out specific legal reforms targeted at problematic laws on communication surveillance in order to bring them in line with international human rights standards. This can also be supportedby developing a more robust set of comprehensive guidelines through the African Commission and Human and Peoples’ Rights and ensuring that Nigeria, South Africa and Uganda embark on critical and strategic training for stakeholders involved in the enforcement and implementation of communication surveillance laws in these countries.

Navigating War Zones: Safeguarding Civilian Rights to Life and Religion through International and Islamic Law

This study explores the protection of civilian rights, focusing on the right to life and religious freedom, within Islamic and international legal contexts. It comprises two main aspects: "The entitlement to life and the prohibition of torture and inhuman treatment" and "Right to respect for religious beliefs, customs, and traditions. In a post-9/11 world, where misconceptions about jihad have proliferated, this research distinguishes between Islamic legal theory and the legislation of Muslim nations. It argues that Islamic law has historically played a pivotal role in safeguarding civilian rights during armed conflicts. It predates the Declaration of Human Rights on a global scale by centuries and aligns with modern international conventions. Islamic humanitarian law reveres civilian rights, condemning violations as crimes against humanity. Through rigorous research, including a review of primary sources in Islamic and international law, this study sheds light on the historical evolution and contemporary relevance of these legal frameworks. It highlights the enduring significance of principles rooted in Islamic law, in harmony with modern international human rights standards. In conclusion, this research provides an in-depth exploration of the intersection of Islamic and international law in safeguarding civilian rights during conflicts. Understanding these legal frameworks in their historical context is essential for global peace and justice.

Taking One for the Team? Some Reflections on the Trial of Malawi's Hyena-man

AbstractFollowing a public outcry about Eric Aniva being hired to have sex with children, he was arrested, tried and convicted of attempting to engage in a harmful practice and also of engaging in a harmful practice, contrary to Malawi's Gender Equality Act. Aniva's trial attracted significant public attention and highlighted kulowa kufa, the cultural practice at the centre of his trial. This article revisits Aniva's trial. By focusing on the operation of the law in judicial processes as well as the dynamics of judicial decision-making, it demonstrates and concludes that Aniva's trial may have been compromised. Specifically, the article analyses the state's failure to identify and parade material witnesses notwithstanding the alleged multiplicity of Aniva's victims, the role of the media in the trial as well as the probable effects of the trial court's selective recourse to international human rights standards.

The right to housing as a component of the right to an adequate standard of living: issues of implementation amidst Ukraine’s housing stock destruction and solutions

This article presents a comprehensive analysis of the right to housing, framing it as an essential component of the broader right to an adequate standard of living. Situated within the context of international human rights norms, the article scrutinizes how these global standards influence and shape Ukrainian legislation. It argues that national laws should aim not merely to provide a basic minimum but to ensure a dignified standard of living that encompasses the full range of capabilities necessary for individuals to function effectively in society.
 The study delves deeply into the multifaceted nature of the right to housing, examining its various components and dimensions. It highlights the acute challenges that Ukraine faces in implementing this right, particularly in light of the extensive damage to the country's housing stock due to Russian aggression. The article emphasizes the pressing need for a holistic and multi-disciplinary approach to address the complex issue of restoring damaged housing and constructing new dwellings to replace those that have been destroyed.
 Furthermore, the article underscores the pivotal role that both the private sector and international aid organizations must play in Ukraine’s post-war reconstruction efforts. It posits that solving the housing crisis is not an isolated endeavor but is intrinsically linked to broader social protection mechanisms, issues of population displacement, and the overall quality of life for Ukrainian citizens. The study suggests that a multi-stakeholder approach, involving governmental agencies, non-governmental organizations, and international partners, is crucial for addressing the intricate challenges posed by the housing crisis.
 In summary, this scholarly article offers a nuanced understanding of the right to housing within the Ukrainian context, influenced by international human rights standards. It advocates for a multi-dimensional and collaborative approach to tackle the housing crisis, emphasizing the interconnectedness of housing with broader social, economic, and ethical considerations. The study serves as a valuable resource for policymakers, scholars, and practitioners interested in understanding and addressing the complexities of housing rights in post-conflict settings like Ukraine.

A CONSTITUTIONAL RIGHT OF ACCESS TO INFORMATION IN MALAYSIA?

At the time of writing, for all intents and purposes, Malaysia does not expressly and incontrovertibly acknowledge the right of access to information. This article seeks to argue that Malaysia should recognise such a right. This article explores how such a right would be consistent with international human rights standards, regional human rights standards, Malaysia’s Cabinet policy decision on 11th July 2018, and the Federal Government’s current freedom of information practices. This article also examines how the Judiciary has in the past indicated its openness to the existence and/or applicability of such a right within Malaysian jurisprudence. This article lastly looks into how the right of access to information can become a constitutional right in Malaysia by way of judicial recognition and/or constitutional amendment.

Subject area of generally permissive type of legal regulation in Ukraine

The article deals with the specific aspects of theoretical characteristics of the generally permissive type of legal regulation, in particular its subject area. It is assumed that this subject area is based on the social purpose of the regulation under study, that is on the supreme manifestation of human freedom within the existing legal order. Since currently freedom is interpreted in its close relationship with human dignity, as evidenced by international human rights standards, it is proposed to assume as the methodological basis for identifying the “generally permissive area” the constitutional postulate of recognizing a person as the highest social value. Accordingly, it was established that the “essential characteristics of human existence” defined in Article 3 of the Constitution as the Basic Law of Ukraine - life and health, honor and dignity, security and inviolability have specific features in the context of solving the study task, in particular: a) first of all, they determine human existence, that is respectively a manifestation of the essential (natural) freedom of an individual, and, therefore, in the relations with other people, society, the state, they constitute the “inviolable minimum level” and should be to the maximum extent autonomous and protected from external interference; b) they depend on the worldview of an individual (have subjective characteristics, such as “sense of self- worth”); c) are declared comprehensively, in the context of ensuring the integrity of an individual, as the “key parameters” of a common value – a human that enables realization of the “ideal of a free personality”, its free, full and comprehensive development and prosperity; d) are positioned at the level of paired (closest, interdependent) categories, which indicate the closest relationship – coordination in the process of clarifying their nature and corresponding provision.Being largely dependent on the volume of freedom, such value components of the essence of the human personality indicate the main directions of the generally permissive orientation of legal regulation, project three main groups (blocks) of relations that make up its subject.Accordingly, the relations that are: 1) connected with implementation of the value of “life and health”; 2) connected with the embodiment of the values of “honor and dignity”; 3) connected with the embodiment of the value of “security and inviolability” were studied.The possibilities of general permissive regulation of these relations through the mediation of relevant legal prohibitions, obligations, permits, which can perform the functions of general permission limiters (as the basis of the general permissive regulation) or guarantees (“amplifiers”) of general permission, have been identified.

Ta'zir (Punishment) at Islamic Boarding Schools; Between Tradition, Conception, and Shadows of Human Rights Violations

This article examines the practice of Ta'zir, a form of discretionary punishment, within the context of Islamic boarding schools. Ta'zir holds a significant place in Islamic jurisprudence, allowing authorities to determine penalties for offenses not explicitly addressed in religious texts. However, the application of Ta'zir has raised concerns, particularly in the context of Islamic boarding schools, where traditional practices intersect with modern notions of human rights. Drawing upon a multi-disciplinary approach, this study delves into the historical, cultural, and religious aspects of Ta'zir, elucidating its evolution from its inception to its current manifestations within Islamic boarding schools. By analyzing primary sources, legal texts, and case studies, the article underscores the diverse interpretations of Ta'zir and its malleability in adapting to contemporary circumstances. Furthermore, the article critically evaluates the potential conflicts between the traditional practice of Ta'zir and international human rights standards. It examines instances where Ta'zir punishments might be perceived as infringing upon human dignity, bodily integrity, and freedom from cruel, inhuman, or degrading treatment. The study also explores the role of Islamic boarding schools in shaping and perpetuating these practices, considering the interplay between religious education, discipline, and the protection of children's rights. The findings of this research reveal a complex landscape where tradition clashes with modern sensibilities. The article advocates for a nuanced dialogue between religious scholars, educators, and human rights advocates to strike a balance between preserving cultural heritage and upholding universally recognized human rights. It highlights the importance of reinterpretation and contextualization of Ta'zir in line with the principles of justice, mercy, and human dignity as emphasized within Islamic teachings. In conclusion, this article contributes to the ongoing discourse on the compatibility of traditional Islamic practices with contemporary human rights frameworks. It calls for a thoughtful reevaluation of Ta'zir within Islamic boarding schools, promoting an inclusive approach that safeguards both religious heritage and fundamental human rights.

Legislative Responses to Terrorism: A Critical Review of Counterterrorism Measures

In the face of escalating global terrorism threats, nations worldwide have grappled with the imperative to enact and amend legislation aimed at preventing, detecting, and prosecuting acts of terrorism. This paper conducts a comprehensive and critical examination of legislative responses to terrorism, with a focus on their efficacy, implications for civil liberties, and broader societal impacts. The research begins by analysing the evolution of counterterrorism laws across diverse jurisdictions, emphasizing the shifting landscape of security concerns and the subsequent legal adjustments. It scrutinizes the core features of these legislative measures, including preventive detention, surveillance, intelligence gathering, and the definition of terrorism offenses. A critical analysis is employed to assess the balance between security imperatives and the protection of individual liberties, scrutinizing the potential for abuse, discrimination, and erosion of due process. Case studies from various countries illuminate the real-world consequences of counterterrorism legislation, shedding light on the impact on marginalized communities, legal frameworks, and international human rights standards. The paper also explores the effectiveness of oversight mechanisms, judicial review, and safeguards incorporated within these legislative frameworks to curb potential abuses and protect against overreach. Furthermore, the study considers the role of technology, intelligence-sharing agreements, and international cooperation in shaping legislative responses to terrorism. It aims to provide a nuanced understanding of the challenges and successes in addressing the complex interplay between security concerns and the preservation of fundamental rights. This critical review seeks to contribute to the ongoing dialogue on counterterrorism policy by offering insights into the multifaceted implications of legislative responses. The paper concludes with recommendations for fostering a balanced approach that upholds both security imperatives and the foundational principles of democracy.

The Right to a Fair Trial: Comparative Analysis of International Human Rights Standards

This research paper presents a comparative analysis of the right to a fair trial in Indonesia and Brazil, focusing on the international human rights standards applicable in both countries. The study examines the legal frameworks, case studies, and challenges associated with fair trial rights in each country. Through a comprehensive review of literature and analysis of relevant legal provisions, the research highlights the issues of presumption of innocence, access to legal representation, impartiality of the judiciary, and the protection of vulnerable groups. The findings contribute to a better understanding of the practical implementation of fair trial rights and provide insights into areas that require attention and improvement. The research concludes by emphasizing the importance of aligning domestic laws and practices with international human rights standards to ensure comprehensive protection of fair trial rights in Indonesia and Brazil.