International Human Rights Research Articles

What autistic students say about their learning and teaching experiences in mainstream secondary school: a scoping review

Abstract In Australia, approximately one in 100 people have a diagnosis of autism, with young people on the spectrum less likely to continue education beyond secondary school. Barriers include the school environment, inadequate teacher preparation, a lack of understanding about autism, and the persistence of negative stereotypes that are linked to the deficit-based medical model, which pathologises autism. The under representation of autistic voices in research is well documented. Despite international human rights instruments and Australian federal legislation that obligate educators to listen to and respond to views of children, this is not common. The perspectives of professionals, teachers, and parents dominate the discourse in autism education. A scoping review was conducted to map research that foregrounded the perspectives of students attending regular (mainstream) secondary school to better understand ways in which to support their participation in school. Five online databases identified articles published between 2002–2022, from which 13 articles were selected. All articles focused on the first-hand accounts of autistic students’ experiences in regular (mainstream) secondary school. The findings suggested that the needs of autistic students are not being adequately met. Five themes were identified across the studies: the school environment and sensory issues; communication and relationships with staff and peers; inclusion and exclusion; self-perception, autistic identity and negotiating difference; and student wellbeing. To improve autistic students’ experiences in school, educators and policy makers need to work collaboratively with students to understand and address their needs.

Civilizational Hierarchies and the Notion of ‘Europe’ in the European Convention on Human Rights

Abstract When the European Convention on Human Rights was adopted, several states parties were major colonial powers forcefully engaged in retaining that position. This article aims to demonstrate the continued importance of this constellation for European human rights law. Using the convention’s travaux préparatoires as a starting point, it identifies civilizational hierarchies between Europe and other regions as foundational to the European project of human rights. The article then traces how the notion of ‘Europe’ has served as a conduit for these hierarchies to persist in less explicitly racialized form, using two examples: first, that of territorial and extraterritorial applicability and, second, the interpretation of the convention by the European Court of Human Rights based on the margin of appreciation and European consensus. Colonial continuities in the form of civilizational hierarchies, as this article thus aims to show, are not only relevant for specific topics like post-colonial migration but also continue to shape the project of European human rights as a whole.

IMPLEMENTATION OF GENDER EQUITY IN INTERNATIONAL LAW - AN APPRAISAL OF A NATIONAL CONTEXT

Despite the existence of constitutional provisions and commitments of regional and international human rights conventions, the rights of female are grossly violated and devalued in many African countries. The establishment of structures of inequality has generated gender discrimination against women. Although, women play vital roles in nation development, they do not have equal share of land, credit, education, employment, and political power with men. Fundamentally, women have been subjected to domination by men as a result of persisting cultural stereotype, abuse of religious and traditional practices, patriarchal societal structures in which economic, political and social powers are dominated by men. This article examines the concept of female gender discrimination and empowerment, its background and its causes in Nigeria. This study reveals that in spite of the existence of various legal frameworks protecting women against discrimination, the practices continue in Nigeria. It further reveals that Islamic law protects women’s’ rights in Qur’an and Sunnah contrary to some expressed negative opinions. To accomplish the thrust of this study, the writers employed primary and secondary sources like international, national and regional instruments on human rights, Nigerian Constitution, Qur’an and Sunnah. Others are text books, journals and internet. The study recommends for the abrogation of practices that discriminate against women, amendment of provisions of Nigerian legislations that discriminate against women and to restructure some federal agencies that discriminate against women folk.

Historical Development of Islam and Human Rights

In our days, the human rights law, which is an important part and indicator of interstate relations and international law, has an ancient history. The beginning of this history goes back to the formation of tribes-tribes before the state. In those ancient times, when private property and exploitation still existed, as a result of the division of society into classes, first property equality and then legal equality disappeared. Like other human rights, the right to live has become a problem.

HOUSING AS A HUMAN RIGHT: ANALYSING LEGAL MECHANISMS AND STANDARDS AT THE UN AND REGIONAL SYSTEMS

The right to housing is secured under international and regional human rights instruments, ensuring security of tenure and liveable conditions for a dignified life. Despite these guarantees, many people suffer from insecure housing and inadequate conditions due to economic policies that prioritise market dynamics over human rights. At the international level, Article 11 of the International Covenant on Economic, Social and Cultural Rights guarantees the right to housing, while General Comments No. 4 and 7 provide further details. UN treaty bodies and special procedures oversee its enforcement. Regionally, the right to housing is addressed in Europe through the European Convention on Human Rights (ECHR) and the European Social Charter; in Africa through the African Commission on Human and Peoples' Rights with broad interpretations of rights, and in the Inter-American system, primarily in the context of indigenous peoples' rights. Each system has strengths and weaknesses: the European system, although comprehensive and well-founded, lacks sufficient safeguards against evictions; the African system is interpretative and lacks explicit provisions; the Inter-American system focuses on indigenous peoples' rights and thus offers limited protection. Considering these varied approaches, the United Nations system, with its detailed framework that takes into account economic developments and trends in the modern world, stands out as the strongest model for the protection of the right to housing. This study aims to provide a comprehensive understanding of different approaches to housing rights protection through a comparative analysis of international and regional systems and their protection mechanisms

Sexual and Reproductive Health & Rights: Advances and Setbacks.

This article first describes shifts in human rights law that have led to improvements in the realization of sexual and reproductive health and rights (SRHR) over the last decade. The article does so, however, with careful attention to the structural factors beyond formal legal mechanisms that may undermine the ability of governments, even with the best of intentions, to fully develop the necessary robust health and justice systems. Second, this article considers two additional factors: the political economy factors that enable or limit the ability of States to realize SRHR, as well as the growing evidence base that supports positive legal transformation.

The African Human Rights System’s Response to Corporate Conduct that Harms People and the Environment

Corporations possess the economic power and resources to contribute positively to the realisation of human rights. However, they have been linked to human rights abuses, frequently affecting the environment and people residing in close proximity to their operations. This state of affairs challenges the traditional state-centric nature of international human rights law that recognises that the state is the sole actor bound by human rights obligations. While the African human rights system does not overhaul international human rights law by expressly holding corporations accountable for human rights violations, it does recognise their complicity. This article explores the African Commission’s integral role in holding states accountable for protecting individuals within their jurisdiction from corporate interference with their right to a healthy environment. Drawing insights from the Social and Economic Rights Action Centre and the Centre for Economic and Social Rights v Nigeria (SERAC), the article reveals the African Commission’s guidance to states on measures to safeguard the right to a healthy environment. Also, the Commission’s proactive stance in offering soft law guidance applicable to corporations is commended as it encourages a culture of accountability. While the African human rights system has made positive strides, the state remains the primary enforcer of corporate accountability, and there is still a great need for multifaceted efforts to foster accountability among corporations operating on the continent.

Crafting the Prohibition on Violence against Women under International Human Rights Law

Abstract Violence against women emerged as an international human rights law issue through the adoption of the Committee on the Elimination of All Forms of Discrimination against Women’s General Recommendation 19 (1992), the United Nations General Assembly’s Declaration on the Elimination of Violence against Women (1993) and the Belém do Pará Convention (1994). Yet we know relatively little about how the three instruments were created. Through archival research and interviews with key individuals, this article explores the drafting of these instruments. It identifies the involvement of experts, reveals the background influence of women’s international human rights groups and shows that the three processes were linked. This can best be seen in the drafting of the definitions of violence against women. In the drafting process, the article identifies a move from bricolage to consistency. Initial drafts were produced by experts, who drew on a range of materials they had before them. However, once the first instruments were adopted, there was a move to consistency across instruments. Consistency has led to a shared understanding of the notion. However, it came at a cost, with insufficient attention paid to the differences between the different types of instruments (treaty, declaration, general recommendation) and the approach each of these instruments took to the issue.

Environmental Health: Towards Synthesis in Global Law and Governance.

International law and global governance regimes for environmental health challenges have been slow to reflect the intertwined relationship between the environment and human health. Historical legacies have caused artificial fragmentation between the two that has resulted in distinct fields of international law and institutions for the environment and health. However, new global paradigms for thinking about environmental health have emerged to foster synthesis under global health law, including One Health and Planetary Health approaches, as well as through international human rights law like the recognition of the right to a clean, safe, and healthy environment. Guided by equity, new international law and global governance reforms, including the proposed Pandemic Agreement and Plastics Treaty, are opportunities to synthesize the intersecting dimensions of the environment and global health. However, future paths towards cohesion must explicitly incorporate human rights in environmental health governance, including the rights of Indigenous Peoples, while actively addressing inequities in global health law, between and within countries, and across generations.

Structural discrimination as a barrier to the socio-economic inclusion of migrants: Deepening the impact of human rights law

Most of the barriers migrants face in achieving socio-economic inclusion are the product of lack of adaptation of the institutions in the host community to migrants’ particularities and needs, often reflecting a scenario of structural discrimination. Yet, migrants’ predicament is rarely ever framed as such, and complaints of discrimination against migrants tend to be dismissed under the assumption that non-nationals can be treated differently from nationals. In this article, I argue that the notion of structural discrimination can and should be used more actively in contexts of migration, and that it leads to a more effective protection of migrants’ rights in the application of positive human rights obligations. I explore the concept of structural discrimination and the reasons why discussions on migrants’ rights hesitate to engage with it. I then examine how different international human rights bodies have interpreted states’ positive obligations of non-discrimination in eliminating barriers to the enjoyment of socioeconomic services and opportunities. Finally, I show that reference to structural discrimination can play a role in heightening the scrutiny of review bodies towards these obligations and help tackle barriers to migrants’ socio-economic inclusion.

A Consideration of the Legality of U.S. Targeted Killings in Pakistan Under International Human Rights Law

In the wake of atrocities, the international system has forged legal frameworks that regulate state action, however, the ever-evolving nuances of the framework make prosecuting difficult. International Humanitarian Law (IHL) protects civilians during an “armed conflict”.[1] If a conflict does not meet IHL’s legal threshold for an “armed conflict”, it is governed by International Human Rights Law (IHRL).[2] State actions to combat terrorism threats, especially in a military counterterrorism model, have more protections under IHRL than IHL.[3] The United State’s justifications for the War on Terror (WOT) challenge the current legal system by arguing that IHL should adapt to allow states to address “new” transnational terrorism threats.[4] When discussing legality, it is important to note that the law is not always moral or effective. This article limits its scope to the execution of the WOT in Pakistan through a legal perspective and highlights the use of drone strikes. I will argue that the use of drone strikes for targeted killings in Pakistan is illegal under IHRL because it does not meet the necessary legal criteria. First, I will illustrate that conflict within Pakistan does not meet the minimum organizational and intensity requirements to be classified as an “armed conflict” and is, therefore, governed by IHRL rather than IHL. Secondly, I will demonstrate that U.S. drone strikes within Pakistan were not legal under IHRL because they have become the default policy, violate Just War principles, and do not seek less lethal means. [1] International Committee of the Red Cross, “ICRC, IHL and the Challenges of Contemporary Armed Conflicts,” accessed December 16, 2024, https://casebook.icrc.org/case-study/icrc-ihl-and-challenges-contemporary-armed-conflicts. [2] Eric Heinze, “The Evolution of International Law in Light of the ‘Global War on Terror,” Review of International Studies 37, no. 3 (2011): 1069, https://doi.org/10.1017/S0260210510001014. [3] Yolandi Meyer, “The Legality of Targeted-Killing Operations in Pakistan,” The Comparative and International Law Journal of Southern Africa 47, no. 2 (2014): 234, https://www.jstor.org/stable/24585870. [4] “ICRC, IHL and the Challenges of Contemporary Armed Conflicts,” International Committee of the Red Cross.

A Human-Rights-Based Approach to Front-Of-Package Labelling in South Africa

South Africa is facing a rapidly increasing rate of diet-related non-communicable diseases (NCDs), threatening the health, and consequently the protection, promotion and fulfilment of the human rights of South Africans. As part of its response to the growing epidemic, the government has proposed the adoption of a simplified nutrition-labelling system that includes a front-of-package warning label. The use of front-of-package labelling (FOPL) has been shown to improve diets by providing consumers with easy-to-understand information about food products that are generally difficult to interpret as a layperson, and to serve as a basis to adopt other effective obesity-prevention measures, such as marketing restrictions or taxes on unhealthy foods. FOPLs have been successfully implemented in other countries and endorsed as a mechanism to realise the rights to health, food and access to information by international human-rights commentators. A FOPL regime will also complement consumer-protection legislation in South Africa, being aimed at promoting access to information for South Africans. This article makes a human-rights-based case for FOPL by outlining why implementing FOPL would be a unique and effective mechanism for the South African government to meet its human-rights obligations under the Constitution and international human-rights instruments. Specifically, this article identifies rights that can be used to support the adoption of FOPL, and concretises the obligations and content within these rights to provide a human-rights-based justification for the adoption of simplified nutrition labelling in South Africa.

He Ideological Legacy of Ho Chi Minh in Contemporary International Legal Policy of Vietnam

The role of President Ho Chi Minh in the history of Vietnam cannot be overestimated. His humanistic ideology permeates all spheres of modern life of Vietnamese society, including exerting a significant influence on the foreign policy of the state and its approaches to the norms and institutions of the international legal order. Based on the legacy of the political, legal and social philosophical views of Ho Chi Minh, Vietnam in its modern international legal policy pays significant attention to participation in fundamental treaties in the field of international humanitarian law and human rights, expands its participation in international intergovernmental and non-governmental organizations, improves its practice of resolving international economic and territorial disputes, confirming its commitment to the Rule of Law in international relations. Representatives of Vietnamese science of international law take an unprecedented part in the progressive development of international law in the International Law Commission. The opening of the Permanent Court of Arbitration office in Hanoi demonstrates recognition of Vietnam's efforts to maintain the international legal order and provides new opportunities for training highly qualified personnel capable of competitively but lawfully ensuring the national interests of the state in international relations. The task of building a fair and pluralistic international world, which President Ho Chi Minh dreamed of, is in the reliable hands of his modern Vietnamese followers - international lawyers and diplomats.

Digital oil: chips, artificial intelligence and US national security

Abstract Rising global demand for semiconductor chips and artificial intelligence (AI), combined with their development by private-sector companies and their expansive public and private use in a wide range of applications, poses a unique set of challenges and opportunities for governments, economies and global security. The United States, in common with other countries, needs a strategic blueprint for ensuring access to chips and influencing the development of AI, both of which are critical to its future economic growth and national security. This policy paper argues that an analogy with oil—instead of the more common analogy with nuclear development—illuminates strategic concerns for AI in the areas of technological production, natural resources, public–private partnerships, regulations for cooperation and management, national security and geopolitical stability. The oil analogy provides examples of government policies that have shaped the trade, development and use of oil, within the context of the US legal and regulatory environment. To responsibly manage the growth in demand for AI and chips while preserving geopolitical stability, the US and other governments should: ○ Create domestic policies and regulations for chips and AI in order to ensure stability and reliability within the market economy; ○ Form international regulatory bodies to oversee access to and trade in raw materials for semiconductor chips, in order to mitigate geopolitical competition over these limited resources; ○ Develop policies and norms for the ethical use of AI, consistent with international law and human rights agreements; and ○ Construct policies and practices regarding environmental issues associated with the manufacturing of semiconductor chips and use of AI.

Autonomous Weapons Systems and the ai Alignment Problem

Abstract The challenge in deploying Autonomous Weapons Systems (‘aws’) is not that it can kill people and destroy objects, but ensuring that it only kills the right people and destroys the right objects. In this paper, we use a hypothetical recently discussed at a military ai conference as a springboard to introduce important dimensions of the ‘Alignment Problem’ into the discourse concerning aws. This paper will consider important dimensions of what is known as the Alignment Problem, why it is difficult to specify smart goals for autonomous systems, why intelligent systems can pursue dumb goals, and the legal implications for assurance of aws. We begin with some preliminary definitions and conceptual analyses. We then outline the Alignment Problem including introducing the concept of objective functions and rewards. We then turn to an exploration of what the Alignment Problem implies for aws testing, and why apparently simple solutions may not be effective. From here we discuss the implications that the Alignment Problem has for international law applicable to aws, addressing legal obligations relating to the responsibility of states to respect and ensure respect for with international humanitarian law (ihl) and international human rights law (ihrl).

Chauvinism Hidden Behind Religion: The Case of the Church in the Courtyard of the University of Prishtina

This article critically examines the construction of the Serbian Orthodox “Church of Christ the Savior” in the courtyard of the University of Prishtina during the 1990s, framing it as a symbolic and ideological act of occupation rather than a religious endeavor. Positioned within the broader context of Serbian nationalist-chauvinist policy under Slobodan Milosevic, the church’s construction is analyzed as a calculated attempt to assert Serbian dominance over Kosovo’s cultural and educational spaces during a period of institutional apartheid and ethnic repression. The paper argues that this act represents a flagrant violation of international humanitarian and human rights law, including the Geneva Conventions, the Hague Convention on Cultural Property, and the International Covenant on Civil and Political Rights. Far from serving a local religious community, the church functioned as a hybrid weapon—an instrument of propaganda cloaked in religious symbolism to project control, erase Albanian identity, and reshape historical narratives. The study also deconstructs contemporary efforts to rehabilitate the church's image through propagandistic discourse in Serbian media and pseudo-academic commentary, highlighting how such narratives serve as tools of strategic mobilization and interethnic polarization. Ultimately, the paper argues that the issue should not be framed as a matter of heritage protection within Kosovo–Serbia dialogue, but as a legacy of illegal occupation and symbolic violence. By dissecting the fusion of nationalism, religion, and propaganda, the article reveals how the misuse of faith can become a strategic instrument of domination in hybrid warfare.

Protection of Minority Rights

Abstract This article investigates how a viable minority rights protection mechanism can be established under the human rights regime. Minority rights and other group rights began to receive less attention in the post-World War ii era, due to primarily the individual rights-centric focus of human rights law. Provisions of human rights law dealing with minority rights and a few minority rights instruments adopted by the United Nations and other international organisations since the 1990s have also proved insufficient to protect minority rights. This article identifies these shortcomings of human rights mechanisms and recommends how human rights law can effectively respond to them in protecting minority rights. By analysing the strengths and weaknesses of the League of Nations’ minority protection system developed following World War i, it shows how the lessons learned from this past system can help develop a strong and coherent minority protection mechanism.

Religious intolerance and violence in Brazil: a study in response to the United Nations Office of the High Commissioner for Human Rights

In September 2021, the UN High Commissioner for Human Rights invited stakeholders to submit information about intolerance, negative stereotyping, stigmatization, discrimination, incitement to violence and violence based on religion or belief. The present article is the result of a study dedicated to answer this invitation with systematized information regarding Brazil. The study investigated instances of religious intolerance and violence in the country, as documented by UN and Inter-American human rights mechanisms. It included a literature review and document analysis encompassing reports and other publications from the universal and regional human rights systems, as well as normative acts, caselaw, and media sources. This research is justified by the legal, historical, and social importance of understanding religious-related intolerance and violence. It may interest practical jurists and civil servants, as well as people interested in international law, international human rights law, constitutional law, human and fundamental rights, and Brazilian sociology.

Cultural Practices and cedaw: Epistemic Violence and the Marginalisation of Local Knowledge in International Human Rights Law

Abstract This article explores the realisation of rights for marginalised and disadvantaged women and girls in the Global South, with a particular focus on how the concept of “culture” is framed within international human rights discourse on violence against women (vaw). The article focuses on the work of the committee that monitors the major women’s convention, the Convention on the Elimination of all Forms of Discrimination against Women (cedaw). cedaw’s discourse predominantly presents “culture” in negative terms—as a barrier to gender equality that States must work to eliminate. This perspective creates a rigid opposition between “culture” and “rights”, implying an inherent conflict between the two. As a result, those associated with certain cultural identities are further marginalised, reinforcing their status as the “other”. There is a systemic repression of the knowledge of other cultures and the positing of cultural Europeanisation as the only valid framework for addressing vaw. As a key site for the construction of knowledge, communities, and identities, cedaw’s interpretive framework for addressing vaw needs to be reassessed.

Ethical imperatives in migration health: Justice and care in forced migration contexts.

This article examines the ethical imperatives of migration health, focusing on displaced populations such as the Rohingya and Syrian refugees. Forced migration, driven by conflict, persecution, and climate disasters, presents profound ethical challenges to global healthcare systems. Utilizing deontological ethics, utilitarianism, and human rights-based approaches, the research addresses key principles like justice, equity, autonomy, and non-maleficence in healthcare provision for refugees. Empirical insights reveal significant barriers to healthcare access for displaced populations, including systemic discrimination, resource scarcity, and cultural constraints. Ethical dilemmas are particularly evident in resource allocation, prioritization of acute over chronic conditions, and neglect of mental health services. Through case studies from Rohingya camps in Bangladesh and Syrian refugee settings in Turkey and Jordan, the study highlights inequities in healthcare delivery, exacerbated by cultural and logistical challenges. The article emphasizes on culturally sensitive training, participatory healthcare design, and equitable resource distribution as critical pathways to ethical healthcare. Policy recommendations include prioritizing mental health, harmonizing national policies with international human rights law, and fostering global accountability frameworks.