International Human Rights Treaties Research Articles

Enhancing Social Sustainability in Malaysian Supply Chains: Integrating Occupational Safety and Health for Resilient and Ethical Business Practices

This conceptual paper examines the insufficient integration of Occupational Safety and Health into Malaysian supply chains' social sustainability frameworks, despite its recognized impact on worker well-being and economic performance. While Malaysia has advanced in sustainability overall, incorporating OSH into broader social responsibility strategies remains underdeveloped. This paper argues that protecting worker well-being is essential for sustainable supply chains, directly contributing to social sustainability and economic performance. The study examines the ethical, legal, and business justifications for prioritizing OSH in supply chain management. It draws upon international human rights declarations, treaties, and conventions, including the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and the ILO's Occupational Safety and Health Convention, to underscore the fundamental right to a safe and healthy work environment. This model developed through analysis of existing literature and policy frameworks, aims to guide a more comprehensive approach to OSH management within Malaysian supply chains. By analyzing these frameworks, the paper highlights the need for a comprehensive approach that aligns OSH with international standards and sustainable development goals. Ultimately, it advocates for a more resilient and equitable supply chain framework in Malaysia, where worker well-being is central to sustainable business practices.

The Protection of Human Rights in South Africa: Unpacking the Duty of the State to Realise the Right to Development

The 1986 United Nations Declaration on the Right to Development (DRTD) presents a multifaceted framework that blends political aspirations with principles from international human rights treaties. Advocating "people-centered development" places individuals at the forefront, empowering them as principal beneficiaries of development efforts. According to Article 2 of the DRTD, both state and non-state actors are responsible for formulating inclusive national development policies to continually enhance the well-being of the entire populace. This involves ensuring active, accessible, and meaningful participation in development processes and fair distribution of the resulting benefits. South Africa's duty to realise the right to development comes under scrutiny in this context. Despite its obligations under international instruments like the African Charter, challenges persist in effectively implementing developmental advancements. This includes fields critical for sustainable progress, such as renewable energy, biotechnology and information technology. Furthermore, the COVID-19 pandemic has exacerbated existing obstacles, straining resources and threatening to reverse recent developmental gains. Budget constraints, particularly in the research and development sectors, hinder progress towards meeting development objectives. Therefore, while the DRTD and other international instruments emphasise the importance of the right to development, critical debates regarding its scope and implementation persist. Addressing these issues requires a nuanced understanding of development dynamics, balancing global aspirations with practical considerations. It necessitates collaborative efforts to refine and operationalise the right to development, ensuring equitable progress and sustainable development for all.

The right to peaceful possession of property in conditions of international armed conflict

The article is devoted to the analysis of the provisions of international human rights law and international humanitarian law regarding the protection of the right to property, in particular the permitted limitations of this right, the relevant practice of international human rights courts and international criminal tribunals, the connection between the institution of derogation and the law of armed conflicts, as well as problematic issues of the protection of the right to property damaged during the russian-Ukrainian armed conflict. The author considers the provisions of some international treaties, which provide for the protection of the right to own property in peacetime, as well as the case-law of the European Court of Human Rights related to the violation of the right of applicants to own their property in accordance with Protocol No. 1 to the Convention on the Protection of Human Rights and Fundamental Freedoms in connection with an international armed conflict or a situation of occupation. The author also analyzes the provisions of some sources of international humanitarian law regarding property as an object that must be protected during armed conflicts, in particular in occupied territories, and also provides examples of cases of international criminal tribunals, in whose decisions the destruction of property was recognized as a component of crimes against humanity. The author examines the question of the relationship between the sources of international human rights law and international humanitarian law in the context of the protection of the right to peaceful possession of property. The peculiarities of the institution of derogation in the context of the right to property in the conditions of an international armed conflict are analyzed. Ukraine’s derogation from its obligations under international human rights treaties, including the right to peaceful possession of property, in the conditions of russian armed aggression, is studied. In addition, in the context of the armed conflict between Ukraine and russia, the objects of property rights and the interested subjects of the right to property, which is violated or limited as a result of military operation, are singled out, and the collective dimension of the right to property, which was damaged during the russian-Ukrainian armed conflict, was investigated.

ADDRESSING HUMAN RIGHTS VIOLATIONS IN THE CRIMINAL JUSTICE SYSTEM OF KAZAKHSTAN: THE ROLE OF THE PROSECUTOR'S OFFICE AND A CALL FOR LEGISLATIVE REFORMS

Background: Human rights violations within the criminal justice system represent a pervasive problem. International human rights agreements and national laws clearly assert the absolute protection of human rights. However, despite these strong legal principles, human rights violations frequently occur within the criminal justice system. This article examines the problem of human rights violations in the criminal justice system of Kazakhstan and the role of the prosecutor's office in protecting human rights. Methods: This study utilised documentary analysis and secondary data analysis methodologies to conduct a detailed examination of legal acts, international agreements, and policy documents It specifically reviewed documents including the Universal Declaration of Human Rights (UDHR), the Constitutional Law “On the Prosecutor's Office”, the Concept of Legal Policy of the Republic of Kazakhstan up to 2030, and human rights reports from international bodies such as Amnesty International, Human Rights Watch, and Freedom House. The study also analysed reports from the Ministry of Justice and the Commissioner for Human Rights of the Republic of Kazakhstan. Results and conclusions: By analysing international human rights treaties, national legislation, and reports from leading human rights organisations, the study exposes significant discrepancies between legal mandates and actual practices. Despite Kazakhstan's formal commitment to international human rights standards, it reveals systemic issues, including instances of human rights abuses in criminal justice. The study highlights the critical role of the prosecutor's office in human rights protection while also pointing out the challenges in effectively fulfilling these responsibilities. The findings stress the importance of legislative reforms for enhancing the protection of human rights in criminal justice. The study is particularly relevant for policymakers, human rights advocates, and scholars interested in the intersection of law enforcement and human rights protections, offering insights that could guide future improvements in criminal justice practices.

Positive and Negative Obligations for Human Rights Protection: Classification Issues

The concepts of «positive obligations» and «negative obligations» have come into usage in interstate bodies for the protection of human rights. An analysis of international documents shows that a number of obligations contain features of both positive and negative obligations. The classification, which is based on the distinction between state non-intervention and its taking measures, has a number of shortcomings, which are pointed out by researchers who propose their own, more complex types of classification of obligations based on other criteria. The study revealed a number of contradictions between the classifications and interpretation of the content of obligations by treaty bodies, which explains the inappropriateness of using these classifications as a tool to provide guidance to states in choosing the most effective ways to fulfill their obligations under international human rights treaties. Based on a systematic and comparative legal analysis of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, as well as related acts of treaty bodies, the author concludes that obligations to protect human rights may have mixed ( or complex) nature.

Advancing Gender Equality and Women’s Empowerment: A Case Study of Women Working in Rural Cambodia’s WASH Sector

This paper explores Cambodia’s progress in gender equality over the last 25 years, focusing on its adherence to international human rights treaties, the United Nations Sustainable Development Goals, and the implementation of the Neary Ratanak Strategic Plan. Despite advancements, challenges persist in women’s empowerment. The study presents a case study of a Water, Sanitation, and Hygiene (WASH) development intervention to promote women’s empowerment at the commune and village levels. It suggests key strategies to enhance gender equality, including providing training and awareness, promoting participation, offering job opportunities and financial support, facilitating decision-making roles, and enforcing laws related to women’s rights. The findings underscore the importance of training and networking opportunities for female WASH suppliers, emphasizing the need for more training, education, and awareness. The paper concludes with implications for policy to enhance gender equality and women’s empowerment in Cambodia, aligning with the Neary Ratanak V strategy’s goals.

FROM NATURAL LAW TO UNIVERSAL DECLARATIONS: IMPLICATIONS FOR INTERNATIONAL HUMAN RIGHTS TREATIES AND THE RESPONSIBILITY TO PROTECT

In today's world, the concept of human rights stands as a beacon of hope, advocating for the fundamental dignity and freedoms of every individual. Rooted in the recognition that all human beings possess inherent worth, human rights provide a universal framework that transcends cultural, social, and political boundaries. They represent a collective aspiration to create a world where fairness, justice, and equality prevail. Throughout history, the concept of human rights has evolved, driven by the need to address pressing societal challenges and protect individuals from oppression, discrimination, and violence. From ancient civilizations to the modern era, societies have grappled with questions surrounding the rights and responsibilities of individuals and the role of governments in safeguarding these rights. Today, human rights encompass a broad spectrum of principles and entitlements that serve as a moral compass for societies worldwide. They encompass civil, political, economic, social, and cultural rights, recognizing that a person's well-being and dignity are intertwined with their ability to enjoy a range of freedoms, opportunities, and protections.

The Role of the Practices of the International and Regional Human Rights Treaty Bodies in the Development and Codification of the Rules of International Law – The Reservation to Treaties as a Model

Although the rules contained in the three Vienna Conventions of 1969, 1978, and 1986 still constitute the framework for practice in the field of reservation to treaties, the development of the international community and with it the international system for the protection of human rights revealed a lack of clarity and some gaps in the Vienna regime of reservation which cannot be overlooked. Based on this, the European Court of Human Rights took the initiative and provided solutions to the practical difficulties imposed by previous conventions as well as developed new practices. Despite the opposition of several actors states to some of these practices, the great support given to the European monitoring bodies by the Inter-American Court of Human Rights and the United Nations human rights treaty bodies, in addition to the clarifications provided by the Human Rights Committee (HRC) concerning ‘severability’ theory to the International Law Commission (ILC), led to established practices of these bodies being codified. Codification took the form of guidelines in the ‘Guide to Practice on Reservations to Treaties’ which was adopted at the 63rd session of the ILC in 2011 after extensive study and debates, lasting nearly two decades, between members of the International Law Commission and within the Sixth Committee of the General Assembly.

New Democracies and Commitment to Human Rights Treaties

Abstract One of the most influential arguments suggests that new democracies are more inclined than others to commit to international human rights treaties. This paper examines whether new democracies are more likely to commit not only to the basic, but also to the more demanding and constraining treaties. We argue that despite the strategic utility of costly commitments, new democracies are often unwilling to pay for the increased costs of more demanding and constraining treaties. We test our argument by tackling some of the trickiest inferential challenges. We employ propensity score weighting to address the nonrandom assignment of new democracies and further specify marginal structural models to account for dynamic confounding. Our analyses reveal intriguing findings. While new democracies commit to the broad human rights conventions more quickly, they are more reluctant than established democracies to commit to the more demanding and constraining protocols.

Social Pressure in the International Human Rights Regime: Why States Withdraw Treaty Reservations

AbstractStates often use reservations to modify their treaty obligations. Prior research demonstrates why states enter reservations and why states object to reservations, but little work explains why states withdraw them. We argue that states withdraw reservations in response to international social pressure. Using novel data on reservations and reservation withdrawals for the nine core international human rights treaties, our analyses reveal two factors that compel states to withdraw reservations: (1) pressure from peer states and (2) pressure from human rights treaty bodies conducting periodic reviews. While previous work emphasizes domestic factors, our research shows that the international community encourages states to withdraw reservations and strengthen their commitments to human rights and international law.

Exploring the Role of International Human Rights Treaties in Promoting Gender Equality and Women’s Empowerment

This research explores the role of international human rights treaties in promoting gender equality and women's empowerment in Indonesia. The study adopts a mixed-methods approach, combining qualitative and quantitative data collection techniques. The research delves into the implementation and enforcement of international human rights treaties, examining their alignment with domestic laws and policies. The study highlights the challenges and opportunities faced in advancing gender equality in Indonesia. Survey data from diverse stakeholders and insights from interviews and document analysis provide comprehensive findings. The research underscores the positive impact of international human rights treaties on gender-related policies but identifies challenges like limited resources and traditional cultural norms. The study concludes with evidence-based recommendations to enhance the influence of international human rights treaties in achieving gender equality and empowering women in Indonesia.

Challenges for human rights treaty monitoring in a devolved UK: a case study

This article is one of the first of its kind to undertake empirical research into the engagement of a devolved government in a United Nations (UN) human rights treaty-monitoring process. There is a lack of studies on this topic, even though the devolved nations of the United Kingdom (UK) have legislative competence and responsibilities to implement many obligations arising from several international human rights treaties, such as the UN Convention on the Rights of the Child. The article provides a case study to evaluate and compare how regional governments are accommodated in the treaty body system so that future monitoring processes accurately reflect the differences in implementation of UN treaties, or lack thereof, across different regions within the state. The potential impact of ‘under-representative’ state reporting is also examined. The article highlights that State Reports and the monitoring process should ensure accurate and reliable information on implementation in each nation of the UK and, more specifically, should ensure that the state delegation is composed of a balanced number of representatives from each nation, that delegation responses to questions from the Committee on the Rights of the Child clearly indicate whether the reply relates to law, policy and practice in the UK as a whole or solely to a specific nation, and that delegation representatives have a full understanding of the division of responsibilities between the UK Government and the devolved governments.

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

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

Protecting Civil and Political Rights: Comparative Analysis of International Human Rights Mechanisms

This research conducts a comparative analysis of international human rights mechanisms to examine their effectiveness in protecting civil and political rights. The research aims to assess the strengths, limitations and contributions of various international mechanisms in protecting these fundamental rights. Part of the study process included a thorough analysis of international human rights treaties, agreements, reports, and case law from regional and international human rights organizations. The focus of the examination is on contrasting the mandates, responsibilities, and management styles of important international human rights institutions, including the Inter-American Commission on Human Rights, the European Court of Human Rights, and the UN Human Rights Council. These international organizations use a variety of tactics and resources to safeguard civil and political rights, which are made evident in its conclusions. The report lists common problems that these systems encounter, such as poor enforcement capacities, disparities in membership and participation, and the potential impact of political interests on decision-making processes. It also looks at how these processes have helped advance civil and political rights all throughout the world. The article discusses significant cases and rulings that have helped establish international and state standards for human rights legislation.

China's adherence to international human rights treaties: An empirical assessment

Despite China's growing participation and accession to international human rights treaties, there exists a wide perception that China violates international human rights norms. When empirically assessing whether China adheres to international human rights norms outlined in international human rights law, we find that there is variation across treaties and across time—China shows relatively higher adherence to norms pertaining to gender equality, economic rights, social and cultural rights, compared to rights to freedom from torture. Improvements in adherence to gender equality, economic rights, social and cultural rights have shown relative improvement over time compared to rights to freedom from torture due to previous efforts to improve welfare under Hu-Wen administration (2002–2012). We additionally find that the variation in adherence across treaties stems from China's distinct human rights norms, which prioritize economic development and national sovereignty over indivisibility of human rights. Our findings contribute to furthering existing understanding of China's relationship with the international human rights regime.

Trial in absentia and the modern international criminal procedure

INTRODUCTION. The article discusses the theoretical and practical problems of conducting trials in the absence of the accused (in absentia) in international criminal courts and tribunals.MATERIALS AND METHODS. The article is based on international human rights treaties that regulate the rights of the accused in criminal proceedings, the statutory and procedural documents of these courts, and the practice of interpreting and applying the right of the accused to be present at the trial.RESEARCH RESULTS. International human rights treaties establish the minimum rights of the accused in criminal proceedings. Among these rights is the right of the accused to be present at the trial. However, the practice of interpreting this right by the relevant conventional international bodies and international criminal courts and tribunals imposes significant limitations. A number of such restrictions appear to be both reasonable and justified. However, in many cases the restrictions are arbitrary and their justification is legally flawed.DISCUSSION AND CONCLUSIONS. Universal and a number of regional international human rights treaties, in particular, the International Covenant on Civil and Political Rights of 1966 contain norms that are binding not only for states in their application of national law, but also establish general human rights standards in international law. Due to this circumstance, the provisions of such treaties bind any institutions operating directly in the system of international law, in particular, international criminal courts and tribunals. Thus, international criminal courts and tribunals are bound by the provisions of these treaties, not only in terms of their implementation, but also in terms of their interpretation. The practice of these courts demonstrates a very inconsistent application and not always convincing interpretation of the rights of the accused in general and the right to be tried in his presence. Currently, this practice is trying to change the previously formed trend towards increasingly severe restrictions on exceptions to the right of the accused to be tried in his presence.

#ForeignersMustGo versus “in favorem libertatis”: Human rights violations and procedural irregularities in South African immigration detention law

In 2021, an estimated 3.95 million foreign nationals resided in South Africa, with no data available on numbers of displaced persons or undocumented migrants residing without legal or valid immigration status. Surveillance data on immigration detention are scant. We present a socio-legal account of the historical evolution of South African immigration detention regulation in post-apartheid timeframes, with a view to providing a legal realist assessment of the socio- and politico-legal dimensions pertinent to human rights assurances of immigration detainees in South Africa. The realist focus is on scrutinizing South Africa’s progress in upholding the rights of immigration detainees and illustrating the contemporary complexities in ensuring due process in the (co)application of the Immigration Act (and Refugees Act) explicitly regarding immigration detention processes and practices. We present the applicable international and regional African human rights treaties, domestic regulations, and relevant jurisprudence to the rights of immigration detainees in South Africa. The generated realist narrative is cognizant of the contextual forces of migration into South Africa, securitization agendas, and violations of basic human rights and due process, and illustrates various gaps in the application of domestic laws, policies, and standards of care regarding immigration detention when evaluated against the rule of law.

„Pod władzą Rzeczypospolitej” – uwagi o artykule 37 Konstytucji RP

The aim of the publication is the clarification of the formulation “under the authority of the Republic” used in Article 37 of the Constitution of the Republic of Poland. This provision was inspired by analogical clauses inserted to international human rights treaties. The formula under consideration pertains to the complete sphere of Polish territorial jurisdiction as well as to the sphere of Poland’s effective extraterritorial jurisdiction. Submission to the authority is a gradable quality and concerns not so much persons but rather legal and factual situations with their involvement. The scope of rights which have to be guaranteed to a specific person is defined by the principle of adequacy between effective power and constitutional rights.

Conscientious Objection Before the Indonesian Constitutional Court

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

Three Decades of CEDAW Committee General Recommendations

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is the most prominent, although not flawless, women’s rights treaty. Yet, the slow, haltered or even backward steps we have witnessed with regard to gender equality beg the question, what role can cedaw play in delivering a more transformative set of gender-responsive laws at the domestic level? This article is centred on the two-fold goal of stronger domestication of women’s rights norms and the provision of more systematic standards to enhance treaty body reporting. With these goals in mind, this article offers the results of a structured analysis of the CEDAW Committee’s 38 General Recommendations issued between 1986 and 2020, in order to establish a roadmap for the enactment of gender-responsive domestic laws and policies grounded in women’s rights norms. Seven core demands or ‘criteria’ emerge and serve to guide States Parties towards achieving gender-responsive legal and policy reform. At a key juncture in CEDAW’S history and at a moment when, in the eyes of some, international human rights treaties may prove inadequate to manage today’s threats to fundamental human rights, these seven priorities not only provide a viable, scalable and evidence-based roadmap to inform the enactment of gender-responsive domestic laws but they also create a basis for enhanced reporting to and compliance with CEDAW.