International Human Rights Research Articles

Race, shaming, and international human rights

AbstractCan human rights organizations (HROs) shame governments without fueling racism against diasporas or appearing racist? To what extent can shamed governments recover public support lost to shaming by accusing their critics of racism? Employing two U.S.‐based survey experiments involving 6,739 respondents and 11 prominent HRO interviews, we offer three novel findings. First, shaming decreased support for shamed countries (Israel and China) but did not fuel racism (antisemitism and anti‐Asianism). If shamers face a racial dilemma, it is less about how to shame without fueling racism and more about how to shame without appearing racist. Our second finding points toward a solution: when shaming included an anti‐racist cue denouncing racism, respondents perceived it as less racist. Finally, shamed governments can employ racial countershaming to recover some, but not all, of the public support lost to shaming. We contribute to the international relations shaming literature and offer recommendations about racially responsible shaming.

Legal support for inclusiveness and equality for transgender employees

Transgender people in Ukraine face a lack of attention to their rights from both society and the law. To uphold the values of the rule of law, which ensures equality and dignity of all citizens, and to ensure compliance with international human rights standards, it is necessary to analyse the legal protection of their labour rights. The following methods were used in the study: dialectical technique, formal logical and systemic methodologies, formal logic, systemic technique, formal legal approach, comparative legal technique, and modelling method. The purpose of the study is to examine the current state of legislation and employment practices for transgender people to develop recommendations for improving the protection of their labour rights and supporting inclusiveness and equality in the workplace.

What happens to the ‘terrorists’?

Abstract Lists have come to define terrorism. In the absence of an agreed-upon definition of what constitutes terrorism, proscription, or the inclusion of non-state armed groups on terrorist lists, has created a new category, a new reality. The material and symbolic consequences of these lists have been explored in human rights law and critical terrorism studies literature. But as the world seems to shift away from the terrorist framing, what happens to the ‘terrorists’ stuck on these lists? Grounded in empirical research with listed non-state armed groups the article explores how listed actors themselves react to the listings. They should not be seen as mere passive recipients of these labels and lists – they are active agents and able to cope strategically with this stigma. Building on Rebecca Adler-Nissen’s work on stigma in world politics, the article shifts the focus from state to non-state actors and assesses how different listed groups cope using Adler-Nissen’s typology of stigma recognition, stigma rejection, and counter-stigmatisation. This diversity in reaction is unpacked through three case studies (ETA, Hezbollah, and FARC). While some armed groups have tried to explicitly reject the label imposed on them, others have embraced it. The article traces what happens to the ‘terrorists’, how they are reacting, and whether they can ever escape their condition. Listing regimes have enabled the continuation of the war on terror through their embeddedness in the multilateral system, creating a permanence that can endlessly be reactivated.

PERLINDUNGAN HUKUM TERHADAP ANAK YANG LAHIR DI LEMBAGA PEMASYARAKATAN BERDASARKAN HUKUM POSITIF INDONESIA

Basically, law enforcement will always lead to 3 (three) important things, namely the fulfillment of legal certainty, the fulfillment of justice, and the fulfillment of benefits. When these 3 (three) fulfillments are fulfilled, it can be said that law enforcement has succeeded in achieving its objectives. The value of justice in the foundation of the Indonesian state is also contained in the fifth principle of Pancasila. Human life includes physical and spiritual life, so justice also includes justice in fulfilling the essential demands for physical and spiritual life for all Indonesian people equally, especially for children, including children born in correctional institutions, so this research specifically discusses regarding the protection of children born in correctional institutions. The type of research used in this writing is included in the category/type of normative legal research. Normative legal research methods are methods or methods used in legal research which are carried out by examining existing legal sources. So in this research there are several forms of legal protection for children's rights regulated in Indonesian Positive Law. Regulations regarding legal protection of children's rights can be found in the Constitution of the Republic of Indonesia of 1945, and Law of the Republic of Indonesia no. 39 of 1999 concerning Human Rights. If you look at the regulations regarding the rights of children born in prison, then in fact there are many children's rights that are violated by PP No. 32/1999. Furthermore, regulations regarding the protection or guarantee of the rights of children born in prisons in accordance with Article 20 paragraphs (3), (4), and (5) PP 32/1999 are not in accordance with or conflict with the provisions regulated in Article 28B paragraph (2) 1945 Constitution, Article 5 letter g of the Corrections Law and Article 59 paragraph (1) of the Human Rights Law

Beyond reproductive rights: Advocating for access to assisted reproductive technologies (ARTs) for socially infertile individuals using the right to benefit from scientific progress – lessons for African countries

Scientific and technological innovations have increasingly enabled humans to overcome biological limitations. Assisted reproductive technologies (ARTs), for instance, offer persons facing medical or social barriers to parenthood the opportunity to realise their dream of building a family. However, in many African Anglophone countries, persons who are socially infertile—gay and single persons—are legally excluded from accessing ARTs to build their families. Relying on reproductive rights to argue against these inhibitive legal provisions may offer some hope, but reproductive rights are often narrowly interpreted to apply only to natural reproduction, excluding ARTs. This paper addresses this gap by exploring the possibility of relying on the right to benefit from scientific progress as a basis for challenging the inhibitive legal provisions. The right to benefit from scientific progress seems promising, as it is widely recognised in international human rights instruments and clearly encompasses ARTs as a scientific advancement. The right could therefore be essential in expanding access to ARTs for socially infertile persons in Africa.

Privacy and Personal Data Protection v. the Protection of National Security and the Fight Against Crime: An Analysis of EU Law and Judicial Practice

Considering the risks that accompany technological progress, the need for personal data protection has significantly increased in today’s world. While digital technology offers many benefits, it has also created unprecedented opportunities for surveillance, posing a threat to human rights and democratic values. Fighting against crime and safeguarding national security are important legitimate aims, and processing data related to electronic communications is one of the means for their achievement. At the same time, the state’s extensive power can create a sense of constant surveillance and give rise to a chilling effect. The wide discretion of state authorities and the covert nature of implemented measures generate a high risk of human rights violations. Therefore, one of the main challenges in human rights law is finding a balance between combating crime and protecting national security, on the one hand, and safeguarding human rights, on the other. Over the past few years, the Court of Justice of the European Union has delivered significant judgments on the compliance of legal regimes governing the retention and transmission of electronic communications data with EU law. When ensuring a fair balance between different interests, the CJEU appropriately considers both the threats present in the modern world and the importance of human rights protection. The present article discusses the processing of personal data in the electronic communications sector under EU law and analyses the development of the case law of the Court of Justice of the European Union.

HARMONISATION OF SHARI‘AH AND INTERNATIONAL LAW IN TREATY MAKING, TREATY RATIFICATION AND INTERNATIONAL NORM CREATION

This article discusses the progress and achievements in harmonisation of Shari‘ah and international law in the processes of treaty making, treaty ratification and norm creation. This article focuses only on several treaties and declarations. Some of these instruments were drafted in the aftermath of World War II, and the other category is mainly international human rights law instruments. This research analyses the drafting history of the treaties and declarations while examining some of the provisions of the instruments in comparison with the position of the Shari‘ah, and determines the Muslim majority States’ attitude towards those instruments. Areas covered include prohibition of the use of force, freedom to change religion, women’s rights and freedom of expression. The progress of harmonisation varies from one area to another. There are areas where harmonisation is easy, but there are other areas where it is impossible, or very difficult and unlikely. Total and comprehensive harmonisation of Shari‘ah and international law is neither possible nor permitted by the Shari‘ah.

Fatherhood in Turbulence: Recent and Contemporary Developments in Legal Fatherhood and Child Custody under European Human Rights Law

Abstract The legal standing of fathers has always differed from those of mothers in custody-related adjudication. A shift from the long-standing pater familias thinking to more mother-oriented approaches in the field has characterised the past century in family law, but contemporary developments have challenged the status quo and continue to shape legal fatherhood in new ways. The purpose of this article is to identify the legal trends that inform the approach of the European Court of Human Rights to fatherhood, the development of these trends, and what this can tell us of the future of legal fatherhood in European human rights jurisprudence.

Equality and Non-Discrimination in Armed Conflict: Humanitarian and Human Rights Law in Practice

In this edition of the Review's “Beyond the Literature” series, we have invited George Dvaladze to introduce his recent book Equality and Non-Discrimination in Armed Conflict, before then posing a series of questions to Nelly Kamunde, Mona Rishmawi, Vanessa Murphy and Alexander Breitegger. Nelly Kamunde is a lawyer in Kenya and has been working as an independent researcher, lecturer, and trainer with various institutions in international humanitarian law (IHL). Mona Rishmawi is the former Chief of the Rule of Law, Equality and Non-Discrimination Branch of the Office of the UN High Commissioner for Human Rights. Vanessa Murphy is the International Committee of the Red Cross (ICRC) Legal Adviser responsible for conflict-related legal issues regarding gender, the protection of children and the protection of the environment. Alexander Breitegger is a Senior Legal Adviser at the ICRC's Thematic Legal Advice Unit; he focuses on IHL and persons with disabilities as part of his thematic files and provides support for the implementation of the ICRC Vision 2030 on Disability. The Review team is grateful to all four discussants, and to George, for taking part in this engaging conversation.

The Reluctance of Member States in Implementation of the African Court of Human and Peoples’s Rights Decisions: Experience from Rwanda and Tanzania

It is trite understanding by almost all human rights lawyers that under International Human Rights Law, once a state ratifies a treaty and becomes party to the said international instrument; such a State is under obligations to promote; respect, protect and fulfil human rights. However, reports show that only one State has fully complied with the Court’s decision; some partially but many States against which judgments have been pronounced have not shown any endeavour to heed to the court’s decisions which is centrally to Article 30 of the Protocol. This study focuses on the reluctance of member States to the Protocol as among the factors that impedes implementation and compliance with the decisions and judgements of the Court as exemplified by Tanzania and Rwanda. Objectively, the research was centred on assessing the extent to which member States of the ACHPR comply with international legal commitments recalling the decisions and judgments of the Court with reference to Tanzania and Rwanda. The study employed qualitative research approach whereby 21 interview from the Office of Attorney General, Judiciary, Tanganyika Law Society, Legal and Human Rights Centre, Ministry of Justice and Constitutional Affairs, Legislature, and Law Reform Commission was conducted to collect primary. The data collected was subsequently analyzed qualitatively through narrative data analysis approach where the research question was affirmatively concluded. The findings underscore the necessity of member States to change their habit of being reluctant on implementation and compliance with the Court’s decisions and judgment in order to fulfil the legal accountability and enhance justice within the region. The study recommends that in order to effectively implement Court’s orders, member states must refrain from reluctance on heeding to what the Court has decided.

Intersection of public policy, science, social change, and ethics: Advancing assisted reproductive technology (ART) international health rights in diverse contexts, a constitutionality nexus

The paper uses doctrinal methodology to advance interpretation of international health rights and human rights in diverse contexts to guarantee, legally, binding and enforceable duties, and obligations to provide the highest attainable standard of health in specific fields such as ART services. Seeds are planted to overcome resource dilemmas and religiosity restricting access.

Search the landfill: obligation of the Canadian Government to bring stolen sisters home

ABSTRACT The most pressing human rights issue in Canada is identified as the situation of its Indigenous people. Specifically, missing and murdered Indigenous women and girls (MMIWG) is seen as one of the crucial issues in Canada. The Government of Canada (GC) has taken positive steps to address the issue of MMIWG, including the national inquiry into MMIWG. The latest victims of the issue of MMIWG in Winnipeg, Manitoba, Canada, are Rebecca Contois, Morgan Harris, Marcedes Myran, and an unidentified woman named as Mashkode Bizhiki’ikwe. This paper explores the framework provided by the International Human Rights Law (IHRL) to address the deprivation of the human rights of MMIWG. The right to life and the right to be free from torture, cruel, inhuman or degrading treatment is assessed using IHRL and the Genocide Convention. Finally, the paper adopts a Human Rights Based Approach (HRBA) to respect, protect, and fulfill the right to life and the right to be free from torture, cruel, inhuman, degrading treatment of MMIWG in Canada.

Reconceptualising socioeconomic rights: a case for care ethics

ABSTRACT As the COVID-19 pandemic has unveiled, care is ubiquitous, critical for all aspects of daily life. However, equally visible is the deficit in care both within states and on the international level. Care, as both a practice and value, has advanced far beyond its conception within feminist theory and has since been employed in a range of disciplines within the social sciences and beyond. Of particular note is its ability to deepen understandings of power and contest inequalities through the exploration of relationalities. Nevertheless, the lens of care has yet to be sufficiently explored in the context of international human rights law. Meanwhile, concerns regarding human rights’ susceptibility to appropriation by neoliberal forces are growing in volume and severity. Drawing on the work of Joan Tronto, this article suggests an appreciation of rights as interconnected and interdependent as the key to creating communities of care which level socioeconomic disparities on the international level. Chiefly, it proposes a rights-based approach informed by Tronto’s political theory of care as a means of transforming socioeconomic rights into the counter-hegemonic tool required to more effectively challenge neoliberalism.

Reformulating Death Penalty: Dynamics and Polemic of International Human Rights Standard and Indonesian Position

Reformulating Death Penalty: Dynamics and Polemic of International Human Rights Standard and Indonesian Position

Elimination of Citizenship Status for Terrorism Convicts in Indonesia

The revocation of citizenship for terrorism convicts is a complex and controversial issue in Indonesia. The philosophical foundation for this action involves considerations of national security, the protection of human rights, and adherence to the principles of the rule of law. The revocation of citizenship for terrorism convicts is based on the interest of national security. The government believes that by stripping them of their citizenship, they lose access to resources and support that can be used to continue terrorist activities. This step is taken to reduce the threat to national security and society. However, the revocation of citizenship also raises questions regarding human rights. Basic rights of individuals, including the right to citizenship, are guaranteed by various human rights instruments adopted by Indonesia, such as the Universal Declaration of Human Rights and the Human Rights Law. The government's responsibility in protecting the citizenship rights of terrorism convicts encompasses several aspects. First, the government must ensure that the revocation of citizenship is based on valid and convincing evidence and carried out through a fair and transparent legal process. The government should also ensure that terrorism convicts who lose their citizenship still have access to humane treatment and rights guaranteed by international law. They should not become stateless or be deprived of basic rights necessary for a decent life. Overall, the revocation of citizenship for terrorism convicts in Indonesia involves complex considerations between national security and the protection of human rights. The government has a crucial responsibility to maintain a balance between these aspects, ensuring that actions taken are in accordance with the principles of the rule of law and do not violate fundamental rights.

Death Penalty for Corruption Convicts

Corruption is an extraordinary and very serious crime in Indonesia, because the crime of corruption never seems to have a solution that makes the perpetrators of the crime feel the deterrent effect. The crime of corruption is regulated in Law Number 31 of 1999 and amended by Law of the Republic of Indonesia Number 20 of 2001 concerning amendments to the Eradication of the Crime of Corruption. In handling corruption offences, a philosophical foundation is required that involves critical thinking, logical analysis, rational reasoning, and deep reflection on fundamental questions about the nature of human existence and the universe. The main objective is to achieve a deep and rational understanding of the reasons, values and fundamental principles that apply in the criminal offence of corruption. And also related to the application of the death penalty which is contrary to human rights stated in article 9 of the Human Rights Law, Article 3 of the UDHR where there are rules that impose the death penalty is prohibited to be applied.

Rethinking Religious Freedom in the Frame of the First Principle of Pancasila and Human Rights Law

Freedom of religion is a fundamental human right that cannot be revoked by any authority, including the state. However, the reality demonstrates that acts of intolerance and discrimination persist, perpetrated not only by individuals within society but also by state officials and law enforcement officers against certain communities. These actions undermine the realization of religious freedom. The implementation of this right practically lacks adequate protection from the state. The core issue lies in the interpretation of human existence and the role of religion, and the understanding of religious freedom in Indonesia. This article seeks to deepen the comprehension of human existence and religion while uncovering the obscured dimensions of religious freedom in the Indonesian context. This study employs normative juridical research with an interdisciplinary approach, examining secondary data. The findings indicate that humans and freedom are inherently connected. Religion offers individuals freedom, while humans, in turn, embody sacred values. Religion is not a tool to secure basic services from the state. Indonesia must protect human rights so that everyone can practice religious freedom. Indonesia must foster an atmosphere of tolerance, while also promoting a high level of democracy to all sectors of society through self-reflection as individuals seek personal freedom.

Nation-States and International Law

This article explores the frictions between national sovereignty and the universalization of human rights, highlighting the deep colonial roots and persistent coloniality within the nation-state system and international law. It critiques the liberal framework of nation-states that marginalize “non-nationals” while also perpetuating colonial relations and racial hierarchies through unequal integration into the nation-state system. The ongoing assault on Gaza starkly illustrates the violence inherent within the nation-state and points to the limitations of the current human rights framework. Advocating for a decolonial approach, the article argues that the violence in Palestine underscores the need to rethink and debate international law and human rights, expanding on decolonial scholarship to liberate these frameworks from their colonial, modern, and capitalist contexts.

Scholarship with a Purpose: Frontiers of Gender Equality Pushes the Boundaries for Students and Scholars Alike

Abstract This review article critiques Frontiers of Gender Equality: Transnational Legal Perspectives, edited by Rebecca J Cook. Composed of chapters centred on advancing gender equality, Frontiers differs from the typical edited collection because the authors worked collaboratively and shared a common purpose. They are all strongly committed to substantive equality (as opposed to formal equality) and recognise the importance of addressing intersectional discrimination. In their respective chapters the authors expand the discourse surrounding gender equality law by envisioning transformative approaches to righting gendered wrongs in domestic, regional and international human rights systems. While the collection is certainly valuable for scholars and legal practitioners, this review article considers its value for a different audience – that of graduate students in law and gender studies. Because the book is far more structured and unified than the typical edited collection, it could serve as a foundational textbook for an advanced comparative course on gender equality and the law. This review article – authored by a professor and a law student – analyses the book’s considerable strengths as a textbook. However, it also identifies certain weaknesses and suggests supplementary materials, in order to provide better coverage of the Asia-Pacific region.

Gender Based Violence in Bhutanese Refugee Camps in Nepal: An Empirical Study from the Sanischar Refugee Camp

Gender based Violence (GBV) has been the experience of women worldwide and is a universal reality that has existed in all societies and human settlements regardless of class, income, culture, or educational attainment. It is today recognized as a major issue on the international human rights agenda and has been defined as violence that is directed against a person on the basis of gender and sex. Globally, the refugees experience the full spectrum of gender - based violence throughout their refugee life. Hundreds and thousands of Southern Bhutanese of Nepali origin or the Lhotshampas were forced to flee Bhutan at the beginning of the 1990s, as a result of the ethnic cleansing campaign of the monarchical government of Bhutan. Over 108, 000 refugees had initially settled in the seven refugee camps spread over the districts of Jhapa and Morang in the southeastern part of Nepal. Women were a part of the refugee population who sought protection in Nepal and so refugee women who are living in the makeshift camps in Nepal for more than three decades confront not only the hardship of refugee life in the camps but also face the injustice of gender based violence, as they have reported rape, sexual assault, polygamy, trafficking and domestic violence. Hence, the paper looks into the causes, types and impacts of gender based violence in the Sanischare Bhutanese refugee camps of Nepal.