International Human Research Articles

Towards Creating Synergy for the Realisation of Right to Health in International Human Rights and Shariah

Abstract In most of the literature on international human rights in Muslim states, Shariah principles are interpreted in a way to limit the scope of human rights such as freedom of speech, religion, and non-discrimination. In this paper, I want to argue that Shariah principles can be used to enhance the Muslim states’ obligations related to the right to health. After exploring the health-related emphasis in the primary sources of Shariah, I argue that the obligations of Muslim states to the right to health are dual, as parties to the International Bill of Rights and Shariah status in Muslim constitutionalism. I will set a theoretical framework for bridging international human rights with Shariah where synergy is possible.

Examining the Regulatory Frameworks Governing Prohibition of Torture in Warfare

The aim of the paper is to examine the regulatory frameworks governing the prohibitions of torture in warfare to determine their adequacy in protecting civilian populations against torture during armed hostilities. To address the threat posed by torture in warfare against the civilian populations, the regulatory frameworks on International Humanitarian Law (IHL), International Human Rights Law (IHRL) and International Criminal Law (ICL) are examined. It may be argued that although this regulatory framework is aimed at guaranteeing safety of the civilian populations in situations of armed hostilities but are not capable of dealing with the current challenges. The paper employs a doctrinal approach by identifying and analyzing the applicable rules of IHL, IHRL, and ICL. It demonstrates how these laws impact the basic rights of civilian populations during armed conflicts. The paper found that despite the performance of the Tribunals as regulatory measures, they are confronted with several challenges prosecution and enforcement of their decisions. The paper concludes with recommendations that are relevant to address the challenges in order to ensure that the various frameworks are effectively implemented by States to safeguard the civilian populations from acts of torture during armed hostilities.

Litigating the Climate between National and International Human Rights Regimes

Abstract This paper identifies the architecture of the justiciability of the right to a healthy environment, analysing the contribution of national and international regimes in climate litigation. It argues that neither the former nor the latter alone can currently offer a fully implementable set of remedies to the catastrophic consequences of environmental degradation. In all the cases, collectiveness is a parameter that needs to be taken into consideration, and which is shaping the way most of successful environmental claims are framed. This calls for a reflection on what courts can contribute, and maybe also if they should contribute at all, in the absence of explicit political will in the form of a specific binding treaty. It is concluded that through the interaction between domestic and international courts we can envisage a full coverage of the rights involved.

The Right to Be Human: Rest and Leisure in International Human Rights Law

The Right to Be Human: Rest and Leisure in International Human Rights Law

Lawyers Beyond Borders: Advancing International Human Rights Through Local Laws and Courts by Maria Armoudian (review)

Lawyers Beyond Borders: Advancing International Human Rights Through Local Laws and Courts by Maria Armoudian (review)

An Ethnographic Study of Chinese Business Expatriates in Tanzania

This ethnographic study investigates the motivations and experiences of Chinese business expatriates in Tanzania, focusing on their life management, language proficiency, and engagement with petty corruption. Chinese expatriates’ motivation for expatriation is often pragmatic, prioritizing family-oriented well-being over individual well-being. Language proficiency is shown to mediate power dynamics and reduce information asymmetry, while petty corruption is a strategic investment to navigate bureaucracy and secure benefits, despite an imbalance in reciprocity. This study enhances our understanding of the cross-cultural experiences of Chinese expatriates in Tanzania and offers valuable insights for effective International Human Resource Management (IHRM) practices.

Interaction of International Humanitarian Law and International Human Rights Law in the context of armed conflicts

It is indicated that the problems of the interaction of international humanitarian law and international human rights law lie in the different historical origins, evolution and application of these two branches of law. The complexity of the interaction between the IHL and the ICRC lies in their extraterritorial action and different personal spheres of application. IHL undeniably applies to international and non-international armed conflicts, regulating the conduct of states and armed groups, while the IHL is recognized as the basis of law in peacetime, but also applies in periods of conflict. Finding the points of intersection between international human rights law (IHRL) and international humanitarian law (IHL) in the context of armed conflicts is the main objective of this section. The merger of these two legal fields, traditionally divided into separate areas of responsibility in peacetime and wartime, has gained unprecedented importance in the legal analysis of modern conflicts. The impetus for the development of the new paradigm was the rapid evolution of the nature of war, characterized by the emergence of asymmetric warfare and the blurring of the boundaries between state and non­state actors. Such transformations in the theater of war require a nuanced understanding of the legal instruments used in this context, which emphasizes the need for this analysis. The urgency of the issue is emphasized by the changing dynamics of international practice. The recognition by the International Court of Justice of the continued applicability of IHRL in conflict and the definition of IHL as lex specialis emphasizes that the legal landscape is in constant flux. At the heart of this analysis is the difficulty of determining the applicability of IHL, a task that is complicated by the problems of classifying conflicts as international or non-international. The principle of derogation - whereby states may temporarily suspend certain human rights obligations - creates an additional layer of complexity, affecting the interpretation and application of laws during armed conflict. Many provisions of international human rights conventions define the protected interest and then provide that any restrictions must be justified by reference to a list of aims, which varies from article to article and treaty to treaty, that are necessary for the achievement of the aim in question and are proportionate to its achievement. In this way, the IHRL provides a mechanism for balancing the requirements of individuals with those of others or the community itself.

Abortion from an International Perspective after the Dobbs case

The American Supreme Court of Justice recently overturned the precedents that legalized abortion in the Dobbs v. Jackson Women’s Health Organization case. This article analyzes whether this decision is consistent with the current status of abortion as established in International Human Rights Law (IHRL), according to its classical sources (treaties and customary law). Since no treaty includes a right to abortion and there is no consistent practice among states to legalize abortion, various soft law instruments are discussed to clarify the consensus on this issue. These instruments include the agreements reached at the World Population Conferences, the Fourth World Conference on Women of 1995, and the pronouncements and case law of human rights mechanisms (treaty monitoring bodies and regional courts). This analysis shows that the arguments and conclusions in the Dobbs case are consistent with what states have agreed to internationally on the matter.

Lethal Autonomous Weapon Systems: Ethical Dilemmas and Legal Compliance in the Era of Military Disruptive Technologies

Lethal Autonomous Weapon Systems (LAWS) have emerged as one of the most significant advancements in military technology, leveraging artificial intelligence (AI) and machine learning to execute missions without direct human control. As these systems become central to modern warfare, they raise critical questions about their compliance with International Humanitarian Law (IHL) and International Human Rights Law (IHRL). This paper delves into the legal and ethical debates surrounding LAWS with particular attention to the discussions within the Group of Governmental Experts on LAWS (GGE on LAWS). We analyze whether these technologies can adhere to fundamental human rights while maintaining their operational efficacy. Through the application of the Autonomy Spectrum Framework to real-world scenarios, the study highlights both the strategic advantages of LAWS and the risks of dehumanizing warfare. The need for robust legal frameworks to ensure accountability and human oversight remains paramount.

Continuous Global Improvement of Human Papillomavirus (HPV) Genotyping Services: The 2022 and 2023 HPV LabNet International Proficiency Studies.

The International Human Papillomavirus (HPV) Reference Center launches annual global HPV genotyping proficiency panels to enhance the precision and international standardization of HPV genotyping services. This study aims to assess the proficiency levels achieved in the global HPV genotyping proficiency panels conducted in 2022 and 2023, and to evaluate trends in performance over time. The proficiency panels comprised 44 blinded samples each, including 40 samples containing various purified plasmids corresponding to HPV types combined with human DNA, plus four control samples (one negative control and three extraction controls). Proficiency required a sensitivity of 50 International Units (IU)/5 µL for HPV 16 and HPV 18 500 IU/5 µL for HPVs 6, 11, 31, 33, 45, 52, and 58 and 500 genome equivalents (GE)/5 µL for other HPV types in both single and multiple infections, while avoiding false positivity. In 2022, 78 laboratories submitted a total of 154 data sets, and in 2023, 81 laboratories contributed 141 data sets. Most data sets (87%, 258/295) utilized commercially available HPV assays. Proficiency was common, with 77% of data sets meeting the proficiency criteria in 2022 and 79% in 2023. False positive results significantly decreased from 22% in 2022 to 13% in 2023. The high proficiency and increasing specificity in HPV genotyping services indicates progress toward more reliable HPV testing. High accuracy is crucial for supporting global efforts in HPV and cervical cancer elimination.

Linkage of Artificial Intelligence and Violation of International Human Rights Law: A Dialectical Relationship

Linkage of Artificial Intelligence and Violation of International Human Rights Law: A Dialectical Relationship

Gender-Based Violence in International Human Rights Law – The Efficacy of the United Nations Human Rights Legal Framework and CEDAW in Addressing the Issue

Gender-Based Violence in International Human Rights Law – The Efficacy of the United Nations Human Rights Legal Framework and CEDAW in Addressing the Issue

Five decades of policymaking in the EU – background and overview of the current state of employee financial participation

Purpose Opinions drafted by the European Economic and Social Committee (EESC), and reports and studies by the European Parliament and 2014 and 2018 Resolutions on employee financial participation (EFP) emphasised the growing importance of EFP, particularly with respect to small and medium-sized enterprises. Against this background, the commission included the promotion of employee share ownership in its Action Plan to reform European company law and corporate governance and embarked on the 2013/14 Pilot Project. Based on the most recent data on the scope and impact of various EFP schemes in EU companies and the legal and regulatory changes in individual Member States, the aim of this article is to provide an overview of policymaking and the main trends of the dynamics of EFP over the last three decades.Design/methodology/approach We give an overview (1) of the analysis of the most recent rounds of different large-scale cross-country surveys (2015 European Working Conditions Survey, 2021 CRANET [Cranfield Network on International Human Resource Management], 2019 European Company Survey [ECS]) and (2) of the EU policy documents and legislative acts over the last three decades. We provide a tabular overview of the status quo in all 29 countries under consideration as of January 2024 to provide the reader with an Alta vista summary view of all forms of EFP practised.Findings The European Commission’s interest in EFP has grown substantially since the publication of the first PEPPER Report in 1991 and the Council Recommendation on EFP of 27 July 1992. Since then, the European Union has not only extended from 12 Members States to currently 27 but has also faced many complex and urgent challenges. Financial and other crises have endangered prosperity and cohesion on the continent and both, the financial crisis of 2008/09, and the coronavirus disease 2019 (COVID-19) pandemic 2020/21 have left their marks on “Social Europe”.Originality/value The European Commission’s interest in EFP has grown substantially since the publication of the first PEPPER (Promotion of Employee Participation in Profits and Enterprise Results) Report in 1991 and the Council Recommendation on EFP on 27 July 1992. Since then, the European Union has not only extended from 12 Members States to currently 27 but has also faced many complex and urgent challenges. Financial and other crises have endangered prosperity and cohesion on the continent and both, the financial crisis of 2008/09, and the COVID-19 pandemic 2020/21 have left their marks on “Social Europe”.

Interview with Nils Melzer

Nils Melzer was appointed as the Director of International Law, Policy and Humanitarian Diplomacy of the International Committee of the Red Cross in 2022. He previously served with the ICRC from 1999 until 2011, both as a delegate in operational contexts and as a Legal Adviser in Geneva. He has also been the United Nations Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (2016–22), Senior Security Policy Adviser to the Swiss Ministry of Foreign Affairs (2015–16), and Vice-President of the International Institute of Humanitarian Law in Sanremo (2019–22). An affiliate Professor of International Law at the University of Glasgow, he has also held the Swiss Chairs for Human Rights and for International Humanitarian Law at the Geneva Academy of International Humanitarian Law and Human Rights, and has been a Senior Fellow and Programme Adviser for Emerging Security Challenges at the Geneva Centre for Security Policy, as well as Research Director at the Centre for Business and Human Rights at the University of Zürich.

Universality versus Cultural relativism in International Human Rights: A Case Study of the Anti-Homosexuality Act of Uganda 2023

This research examines the frequent conflict that has emerged between the universal human rights standard and the indigenous cultural practices with special attention paid to the Anti-Homosexuality Act of Uganda of 2023. The Act criminalized same-sex relationships, an act that is in violation of universal human rights principles and showed a probable conflict between international norms and local cultural values. This review unravels how the Anti-Homosexuality Act of Uganda fits with or goes against international human rights commitments and further to determine more general implications of balancing universal principles against cultural relativism. The doctrinal approach adopted in this study includes a review of relevant international treaties, Uganda’s legislation and academic literature. The findings reveal that the Act, to an extent, undermines universal principles of human rights through the violation of rights to privacy, dignity, and equality. Such tug of war will require a lot of inclusive dialogue with the local communities and advocacy for protection of human rights which respects the cultural context. In addition, international organizations should support capacity building and facilitate debates that improve tolerance and respect for human rights. The work will engender a debate in reconciling universal human rights and cultural diversity, as well as emerging lessons for more effective and sensitive strategies in international human rights advocacy. Keywords: Universality, Cultural relativism, Human Rights and Homosexuality

International Human Rights Law, Economic Globalization and FDI

International Human Rights Law, Economic Globalization and FDI

The Use of OSINT for Military Operations Abroad under International Humanitarian Law and International Human Rights Law

The Use of OSINT for Military Operations Abroad under International Humanitarian Law and International Human Rights Law

The Role of International Human Rights Law in Protecting Refugees: A Review of Recent Developments and Challenges

The Role of International Human Rights Law in Protecting Refugees: A Review of Recent Developments and Challenges

Judicial Convergence and Fragmentation in International Human Rights Law, written by Elena Abrusci

Judicial Convergence and Fragmentation in International Human Rights Law, written by Elena Abrusci

Elementos da Biopolítica Agambeniana na prática dos Direitos Humanos

We highlight in this article the difficulty of critical reflection on Agambenian thought with reference to what the author himself used as a paradigmatic object of exemplification, concretization and conclusion of his concepts that have been constructed for a long time and that had not yet been framed in an expressive practical expression. and contemporary in meaning. Thus, our objective here is to offer an element that integrates, from the perspective of Human Rights, the discussion about the relevance and mainly the materialization of Agabemnian thought. In this way, we carry out a bibliographical review of the works of Giogio Agamben, highlighting his main concepts and we seek to establish, in light of the arguments of José Augusto Lindgren Alves, in his article The opposite of human rights (explaining Zizek) (2002), the possibility of understanding the materialization of the internal contradiction of the Human Rights mechanism. In this way, it is justified by the need to demystify that Agamben's work is difficult to interpret and, mainly, that it does not allow for the practical significance of its own precepts and to demonstrate that, if such a scenario occurs, it is due to the so-called readings hasty and lazy people who seek at all costs this conceptual materialization in what is incompatible with these biopolitical concepts themselves. The result is the correspondence between the practical verifications of José Augusto Lindgren Alves and the theoretical framework of Giorgio Agamben, from the perspective of the opposite of the precepts of Human Rights, precisely in the name – and in the systematics, or in the system – of these same rights, mainly the level of International Human Rights Law, as well as perspectives at the domestic state level.