International Standards Of Human Rights Research Articles

Legal Safeguards Against Mob Justice: An Analysis of Blasphemy Laws in Pakistan and International Human Rights Norms

This research article aims to analyze the legal guarantees against mob justice, specifically in relation to blasphemy laws in Pakistan and international human rights standards. The study utilizes a qualitative research methodology by examining the constitutional guarantees against mob justice in Pakistan and the international human rights laws that prohibit vigilante actions. The Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights (1966) are analyzed to understand the legal framework that prohibits mob justice and affirms individuals' rights to a fair trial. The study emphasizes the need to protect vulnerable groups, such as religious minorities, and examines how international human rights law can be used to combat mob justice. The research concludes that while Pakistan has a legal framework to prevent mob justice, gaps and challenges remain in implementing these laws. Therefore, greater awareness of legal rights and protections against mob violence and upholding the rule of law is needed to promote respect for human rights. The study suggests enforcing and upholding legal safeguards against mob justice to protect individuals' rights and combat mob violence in Pakistan.

Legal certainty compliance analysis of measures aimed at spread prevention of coronavirus disease

Acute respiratory disease COVID-19 has caused unprecedented restrictions on human rights since the end of World War II. Restrictive measures to prevent the spread of coronavirus disease have been introduced almost worldwide. However, like any restriction of human rights, such measures must comply with the principle of proportionality. One of the main requirements is that the restriction must be prescribed by law and comply with the legal certainty. This requirement stipulates that any restrictions on human rights, including restrictive measures aimed at preventing the spread of coronavirus disease must be prescribed by law, adopted in the form and manner prescribed by current legislation and international human rights standards, promulgated in the manner prescribed by law, understood by ordinary citizens, predictable and obviously enforced. In this paper, the question of compliance with the legal certainty criteria of restrictions, implemented measures to prevent the spread of coronavirus disease in Ukraine and some other countries are considered. The question whether the measures aimed at preventing the spread of coronavirus were prescribed by law, adopted in the form and manner prescribed by applicable law and international human rights standards, were promulgated in the manner prescribed by law, were clear to ordinary citizens, predictable and obviously enforced is analyzed. However, the analysis of restrictive measures aimed at preventing the spread of coronavirus disease introduced in Ukraine raises several questions about the form of such restrictions. Firstly, no special law has been passed on this issue. Secondly, all restrictions were introduced by resolutions of the Cabinet of Ministers of Ukraine bylaws with an obvious excess of authority. Moreover, the official publication of the introduction of restrictive measures aimed at preventing the spread of coronavirus disease took place the day before, on the day, or even the day after the introduction of restrictive measures aimed at preventing the spread of coronavirus disease.

Lesser Than Equal?

In India, Hindu family law is often touted as a progressive and gender-just law that ought to be emulated and extended to minority religious communities through a common civil code. Against this backdrop, the present article examines the question of whether Hindu family law in India adequately protects women’s rights and, if law reform is required, what should be the factors guiding it. The article further analyses the status of women within Hindu family law in India from the time of the country’s independence and the law reform measures that have led to advancement in women’s equality rights in recent decades as well as discriminatory provisions that continue to persist through a historical, legal and feminist lens. It argues that further reforms to Hindu family law must be undertaken to realize women’s equality rights, albeit within the larger framework of constitutional norms and international human rights standards, rather than an interpretation/re-interpretation of Hindu religious texts based on dubious claims of a “glorious past.” This includes recognition of trans* and queer relationships within the folds of Hindu law. Moreover, the article argues in favor of applying feminist discourses on formal and substantive equality to the Uniform Civil Code debate to ensure plural family laws are gender-just.

Activists in international courts: Backlash, funding, and strategy in international legal mobilization

Activists in international courts: Backlash, funding, and strategy in international legal mobilization

‘We Got Lucky with the Judge’: Access to Justice for Disabled Women in Iceland

In this paper we aim to make a valuable contribution to the surprisingly limited body of research on access to justice for disabled women who have been subjected to violence. Using an interdisciplinary sociolegal approach, this paper carries out an empirical qualitative study of one Icelandic court case and draws on this to provide a critical analysis of access to justice issues for disabled women who have been subjected to gender-based violence. Much about this case suggests that it is a positive example of justice being accessed, and we identify a number of features of the case as particularly significant in this regard. We reflect on how these positive aspects of the case can inform initiatives to enhance access to justice for disabled women and highlight ways in which Icelandic justice processes could more firmly embed the international human rights standards set out in the UN Convention on the Rights of Persons with Disabilities.

Understanding and Practices of Human Rights Standards Relating to Policing: A Case Study of Ghana Police Officers

Abstract Human Rights Education (HRE) has been recognized by scholars as crucial and critical for the construction of a universal culture of human rights. This recognition stems from the fact that HRE enables the building of capacity and responsiveness of professionals in terms of shaping their skills through the acquisition of the requisite knowledge, attitude, skills and practices of international human rights standards that relate to their work. Drawing on in-depth interviews and focus group discussions, this article explores police officers’ knowledge and practice of international human rights standards that relate to policing from a conveniently selected 48 groups of police officers from eight randomly selected regions out of the 16 regions of Ghana. The findings revealed that, although HRE constitutes part of the Ghana Police Service training curriculum, a large number of the officer-participants indicate inadequate understanding and practice of these relevant Human Rights Standards. Prudent HRE-oriented policies concerning Ghana police training are recommended.

Continuity of opioid substitution treatment between prison and community in Southeast Asia: A scoping review

Criminalisation of drug use and compulsory detention has largely characterised the Southeast Asia region's response to people who use drugs. Whilst access to and provision of healthcare for people living in prison are mandated by international human rights standards, many opioid dependent people living in prison continue to lack access to opioid substitution treatment (OST) during incarceration, and face uncertainties of continuity of care beyond the prison gate. A scoping review using Arksey and O'Malley's framework mapped what is currently known about the continuity of OST post-release in Southeast Asia, with a focus on the three countries (Indonesia, Malaysia, Vietnam) that provide OST in at least one prison. A multi-lingual systematic search (English, Malay, Indonesian, Vietnamese) on Medline, CINAHL, Scopus, Web of Science, PsycINFO and the Cochrane Library collected and reviewed extant relevant published empirical and grey literature including government reports between 2011 and 2021. Of the 365 records found, 18 were eligible for inclusion following removal of duplicates and application of exclusion criteria. These records were charted and thematically analysed. Three main themes were generated: Facilitators of post release continuity of care, Barriers to post release continuity of care and Therapeutic considerations supporting post release continuity of care. When individual and structural gaps exist, disruptions to continuity of OST care post release are observed. Adequate methadone dosage of >80mg/day appears significantly associated with retention in post-release OST. The review highlights the facilitators, barriers and therapeutic considerations of continuity of care of OST between prison and community for people living in prisons from Indonesia, Malaysia and Vietnam. Improving community services with family support are key to supporting continued OST adherence post release along with reducing societal stigma towards people who use drugs and those entering or leaving prison. Further efforts are warranted to ensure parity, quality and continuity of OST care post release.

Addressing Crisis in Myanmar: The Role of NGOs in Promoting International Human Rights Standards

The Rohingya people have been victims of alleged severe human rights violations committed by the Myanmar government. In response to this situation, the United Nations (UN) has adopted some measures, including a United Nations General Assembly Resolution (UNGAR) A/RES/74/246 of 2019 that, inter alia, determines Non-Governmental Organizations (NGOs) as one of the key players in implementing its mandate. In practice, the NGOs' lack of international legal standing resulted in challenges in their operation. This paper examines the legal standing of NGOs' operations under international law. Specifically, it investigates NGOs' contributions to implementing UNGAR 74/246 in dealing with human rights violations in Myanmar. This article is based on legal research that combines library study and field research. The result indicated that Article 71 of the UN Charter needs to clarify the legal standing of NGOs’ operation in the international sphere, mainly to implement international human rights norms. In the context of the crisis in Myanmar, the NGOs have played a role as mandated by the UNGAR, including investigating gross human rights violations, providing gender-based protection and assistance, and assisting Myanmar in providing humanitarian assistance to all internally displaced persons within Rakhine. This paper recommends that all stakeholders cooperate to support the effectiveness of NGOs' contributions and peace-building efforts in Rakhine to achieve justice for all people in Myanmar.

PERMINTAAN MAAF NEGARA ATAS PELANGGARAN HAM YANG BERAT SEBAGAI BENTUK REPARASI KORBAN

The settlement of gross violations of human rights cases in Indonesia has faced various obstacles, including the absence of a public state apology. In fact, according to International human rights normative standards, an apology is categorized as an effective form of reparation. By a socio-legal research approach, this article examines the significance of a public state apology from the perspective of victimology and International human rights standards, as well as the victim's perspective. Interviews were also conducted with victims of the gross violations of human rights in the 1965-1966 tragedy and the tragedy of Semanggi I in 1998. This article argues that according to the perspective of radical victimology, an apology is a form of state intervention in the form of symbolic recovery. Based on Boven/Bassiouni Principles, the public state apology is acknowledged as 'Satisfaction' for the victim. Even though some victims tend to reject the public state apology, this article argues that this symbolic reparation should be the first step in fulfilling reparations for victims. An apology should also be accompanied by other forms of reparation, such as the prosecution of the perpetrators of gross human rights violations at the Human Rights Court.

Armed drones and international humanitarian law

The militarisation of Artificial Intelligence Diplomacy has resulted in the development of heavy weapons that are more powerful than traditional weaponry, fail to distinguish between civilians and combatants, and cause unnecessary suffering. Superpowers and middle powers have made significant investments in digital technologies, resulting in the production of digital weapons that violate international humanitarian law and human rights standards, and complicate the achievement of global peace. Armed drones and militarised robots cause unnecessary pain and suffering to helpless civilians. These weapons have been used to combat terrorism, but, surprisingly, have not addressed issues of terrorism that affect post-Cold War international relations. As a result, the use of armed drones is causing more harm than is necessary to achieve the objective of war. There is a call for international artificial intelligence (AI) governance, as well as a need to understand the effects and serious threats that armed drones pose to international humanitarian law (IHL), as well as to peace processes in international relations and global cooperation. Scholars, policy-makers, human rights activists and peace practitioners should participate more actively in debates about the military application of AI diplomacy, in order to develop effective AI diplomacy rules and regulations. This serves to mitigate the risks and threats associated with armed drones on IHL and international human rights standards, which are the foundations of the post-modern world.

The Fifth Hilding Eek Memorial Lecture

Abstract The rule of law can be defined as having four elements: (1) democracy; (2) proper legislation respecting international human rights standards; (3) the institutions to administer this law, including independent and impartial courts; and (4) the individuals with the integrity and the knowledge necessary to administer these institutions. The UN has come to an understanding that the rule of law is indispensable for international peace and security, for example in the resolution adopted by the General Assembly in 2012 entitled “Declaration of the high-level meeting of the General Assembly on the rule of law at the national and international levels”. The Security Council with its primary responsibility for the maintenance of international peace and security is the most powerful UN organ. A special responsibility weighs heavily upon high-level politicians in states members of the Council to contribute to establishing the rule of law at the national and international levels.

PROCEDURAL STATUS OF PERSONS SUFFERING FROM MENTAL DISORDERS: INTERNATIONAL STANDARDS

The aim: To identify, group and analyze international standards in terms of regulating the criminal procedural status of persons su!ering from mental disorders. Materials and methods: In preparing the article, the following issues were worked out: the provisions of international legal acts; legal positions of the European Court of Human Rights regarding the observance of the right to a fair trial of persons su!ering from mental disorders; scienti"c research to ensure the rights of persons su!ering from mental disorders in criminal proceedings. The methodological basis of the research is dialectical, comparative-legal, systemic-structural, analytical, synthetic, complex research methods. Conclusions: Universal international standards of human rights retain their validity for persons su!ering from mental disorders; today, a clear synchronization of universal (global) and European standards for determining the procedural status of persons su!ering from mental disorders is being followed; the most justi"ed is a di!erentiated approach to solving the issue of personal participation of a person su!ering from a mental disorder in a court hearing.

Civilizational approach to human rights: on the 75th anniversary of the Universal Declaration of Human Rights

Documents and materials related to the adoption of the Universal Declaration of Human Rights and related international documents 75 years ago show the close relationship between the processes taking place in the world and the state of human rights. Over the past decades, human rights have remained among the most acute problems of law and politics, and not only theoretical discussions were conducted around them, but a real ideological struggle unfolded. Disputes and contradictory assessments of the significance of the Universal Declaration and its impact on the further development of legal systems continue to this day. Tools and solutions that allow taking into account national interests while observing International human rights standards are being actively discussed. For example, with the help of a civilizational approach, an attempt is being made to solve the problem of fulfilling International human rights obligations while preserving the fundamental cultural, historical and religious differences of individual civilizations and regions. At the Institute of State and Law of the Russian Academy of Sciences, this approach was developed by a Corresponding Member of the RAS E.A. Lukasheva.

РОЛЬ І ЗНАЧЕННЯ УГОДИ ПРО ПОЛІТИЧНЕ СПІВРОБІТНИЦТВО, ВІЛЬНУ ТОРГІВЛЮ ТА СТРАТЕГІЧНЕ ПАРТНЕРСТВО МІЖ УКРАЇНОЮ ТА ВЕЛИКОБРИТАНІЄЮ ДЛЯ ЗАХИСТУ ПРАВ ЛЮДИНИ ТА НАЦІОНАЛЬНОЇ БЕЗПЕКИ УКРАЇНИ

As of today, foreign trade agreements are an important vehicle for development and promotion of human rights. This effect can be achieved by including in the text of such an agreement a human rights clause, a special provision which contains a number of international human rights standards, compliance with which must be guaranteed by the contracting States. The article focuses on a specific example of these agreements, namely the Political, Free Trade and Strategic Partnership Agreement between the United Kingdom of Great Britain and Northern Ireland. To that end, the article first examines the general development and the importance of bilateral trade between States, as this, in turn, affects its potential in the human rights, humanitarian and security areas. Then the authors outline specific provisions of the Agreement in the context of the topic of the article and analyzes the possible consequences of their implementation, namely due to the aggression of the Russian Federation against Ukraine. The role and significance of the established monitoring bodies and the mechanism for responding to human rights clause violations have been studied separately. The article contains elements of a combinatorial approach, as the analysis of the Political, Free Trade and Strategic Partnership Agreement is carried out, where possible, through comparisons with the Association Agreement between Ukraine and the European Union. Thus, the authors trie to find out which of the two agreements has the greatest potential for the development of the human rights system in Ukraine.

Global Reproductive Governance after Dobbs

The 2022 US Supreme Court decision Dobbs v. Jackson Women’s Health overturned the constitutional right to abortion, raising questions about the international implications of the ruling. The Dobbs decision reveals a growing rift in global reproductive governance between countries that rely on international human rights standards and those that do not. The global momentum is currently with the human rights contingent, but the Dobbs ruling reflects the logic of a global antiabortion coalition that would like each country to decide its own life and family laws, without interference from multilateral agencies, based on its own constitution, history, and traditions.

Impact of European Union Tariff Preferences on International Human Rights Treaties

Tariff preferences of the EU seek to, inter alia, incentivize third countries through more beneficial scheme of preferences to act in accordance with international human rights standards and other values prioritized by the EU. The aim of this contribution is to assess whether this motivation has real impact on third countries as regards their approach to core international human rights treaties and provide answer to the question whether improved tariff preferences influenced conduct of those countries, as regards accession to the said treaties and expansion of their territorial applicability. Through this assessment, the research seeks to analyse impact the positive conditionality had on acceptance and ratification of human rights treaties by countries that have not showed previous inclination to ratifications without the prospect of obtaining tariff preferences by the EU. The central method is to consider the international human rights treaty ratification years of all states benefitting from the EU regime of tariff preferences. By comparing the time of ratifying the required human rights treaties, and the year in which the respective states became beneficiaries of tariff preferences, the study confirms that, safe for several specific cases, the states receiving tariff preferences had little to no new obligations in terms of ratifying human rights conventions they were previously not bound by.

The role of the Constitutional court for the protection of the human rights

Today in Europe there is a complex system of protection of individual rights based on different sources of law and respectively with a different procedure for their defence, but with common constitutional legal root. The “catalogue” of basic rights in constitutions served as inspiration for the drafters of the International act in the field of human rights, whilst in the constitutional legislative process usually the legislator turns to the established International Human Rights Standards. Constitutional courts participate in the promotion and development of human rights standards through their case-law. The references in the past 30 years, the amendments of chapter eight of the Constitution and the case-law of the Constitutional court of the Republic of Bulgaria show that it has a roles as human rights court. However, the system of constitutional review could be improved with the facilitation of the ordinary courts in the direct application of the Basic law on cases. One of the possible measures is the legal education in the field of human rights protection and the availability of scientific legal publications in service of the practicing lawyers.

Proactive Intelligence-Led Policing Shading the Boundaries of Entrapment: An Assessment of How Common Law Jurisdictions have Responded

Law enforcement agencies have adapted their detection and investigative strategies in accordance with proactive intelligence-led policing of suspected offenders that include surreptitious undercover methods. While such measures are necessary and proportionate to safeguard society from harm caused by offenders, some forms of proactive policing methods could be regarded as entrapment. Allegations of entrapment are typically raised in circumstances where undercover law enforcement officers have actively participated in the creation of a crime, have tested the virtue of people instead of directing their detection and investigative strategies on persons against whom there are reasonable grounds for suspicion, or have gone beyond merely creating the circumstances and effectively induced the suspect to commit an offence. Criminal justice systems have typically responded to allegations of entrapment with judicial discretion to grant a stay of the prosecution for an abuse of the courts process, relying on judicial integrity and the imperative of constitutional principles and international human rights standards being adhered to by courts of justice. Undercover methods bordering entrapment might require the exercise of judicial discretion to either exclude impugned evidence or as a mitigating factor reducing the sentence imposed on convicted offenders. This article evaluates the judicial responses to successful pleas of entrapment in foremost common law jurisdictions underpinned by constitutional principles of due process and international human rights standards in accordance with the rule of law. Keywords: Abuse of process; Agent provocateur; Defence; Entrapment; Exclusion of evidence; Judicial discretion; Stay of criminal proceedings

Violation of Labour Rights in the Context of Compulsory Vaccination Against Covid-19

The aim of the article is to conduct research on the issue of whether compulsory vaccination, enshrined in international and national legal acts, violates labour rights. The main research method was a comparison method, which helped to compare the experience of different countries in restricting labour rights in the context of compulsory vaccination against COVID-19. Moreover, the main characteristics of restrictions on labour rights during the COVID-19 period were highlighted using the method of system analysis. The evolution of compulsory vaccination was analysed using a historical-logical method. A formal legal method was applied to generalise, classify, and systematize research results, as well as to present these results. The current outbreak of COVID-19 has provoked trends in discriminatory behaviour in the workplace. Therefore, the restrictions on labour rights must comply with international human rights standards, which, however, largely reflect a position that does not support compulsory vaccination.

Challenges to the implementation of telemedicine in abortion care for victims of sexual violence in Brazil.

The article focuses the recent dynamics resulting from state institutions adding more legal and regulatory barriers to abortion care access, particularly against the use of telemedicine for sexual violence victims in Brazil. It presents a case study from a lawsuit targeting a pioneer public health service on the city of Uberlandia to ban telemedicine in abortion care. The case study highlights human rights violations of women's right to health as well as the recent threats to the right to safe legal abortion care. It also provides legal arguments-based on scientific evidence and international human rights standards-that support the use of telemedicine for abortion care.