International Human Research Articles

The War in Ukraine: Fact-finding on Violations of International Humanitarian Law and Human Rights

The War in Ukraine: Fact-finding on Violations of International Humanitarian Law and Human Rights

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.

Assessment of DNA extraction methods for human gut mycobiome analysis.

The gut mycobiome plays an important role in the health and disease of the human gut, but its exact function is still under investigation. While there is a wealth of information available on the bacterial community of the human gut microbiome, research on the fungal community is still relatively limited. In particular, technical methodologies for mycobiome analysis, especially the DNA extraction method for human faecal samples, varied in different studies. In the current study, two commercial kits commonly used in DNA extraction, the QIAamp® Fast DNA Stool Mini Kit and DNeasy PowerSoil Pro Kit, and one manual method, the International Human Microbiome Standards Protocol Q, were compared. Furthermore, the effectiveness of two different bead-beating machines, the Mini-Beadbeater-16 and FastPrep-24TM 5G, was compared in parallel. A mock fungal community with a known composition of fungal strains was also generated and included to compare different DNA extraction methods. Our results suggested that the method using the DNeasy PowerSoil Pro Kit and Mini-Beadbeater-16 provides the best results to extract DNA from human faecal samples. Based on our data, we propose a standard operating procedure for DNA extraction from human faecal samples for mycobiome analysis.

Holding the US Accountable: How American Health Care Fails to Meet International Human Rights Standards

Holding the US Accountable: How American Health Care Fails to Meet International Human Rights Standards

A Love Triangle? Mapping Interactions between International Human Rights Institutions, Meta and Its Oversight Board

Abstract Three years ago, the Oversight Board commenced its work ‘to make principled, independent, and binding decisions … based on respect for freedom of expression and human rights’ for Meta’s platforms Facebook and Instagram. From the very beginning, the vocabulary employed to talk about the Oversight Board was laden with court metaphors. Wary that these metaphors have stirred legal analysis into a specific direction, we move away from trying to fit the Oversight Board within established institutional categories. Instead, we shift the focus from institutions to interactions – that is, to the ‘in-between’. Rather than continuing to debate what the Oversight Board is, we focus on what the Oversight Board does. Our study maps different stages and modes of interaction between Meta, the Oversight Board and international human rights institutions. We show how different actors carefully craft entry points for constructing their respective semantic authority and what kind of strategies they pursue to contest semantic authority of others. Thereby, we uncover the first traces of emerging conversations between Meta, the Oversight Board and international human rights institutions and highlight who is included and excluded and who refuses to participate or to respond. With our intervention, we intend to offer empirically grounded insights into the dynamics at play and paint a more detailed picture of the various roles that novel actors, such as Meta and the Oversight Board, are beginning to assume in the protection of international human rights online.

An International Human Rights Law Perspective on The Impact of Digitalization on The Alevi Community

The digitalization of law is occurring at an accelerated pace due to advancements in technology and the influence of the internet. This digitalization has brought about a significant transformation in the acquisition and diffusion of legal information and instruments, presenting both benefits and obstacles, particularly in the field of international human rights law. Comprehending the impact of digitalization on human rights is of utmost importance for populations such as the Alevis in Turkey, who are currently enduring violations of their fundamental rights. This is because technological advancements and their implications for human rights law play a vital role in ensuring the safeguarding and implementation of human rights while also potentially enabling tangible breaches of these rights. The European Court of Human Rights has often ruled in favor of Alevis in cases involving human rights breaches. However, the advent of digitalization brings up a new realm for Alevis’ human rights issues, since they may face distinct challenges arising from the digitalization of human rights. There are advantages to the digitalization of human rights law for Alevis, particularly in terms of enhanced accessibility to legal materials, while also having disadvantages, e.g., online hate speeches and low digital literacy, and facing potential obstacles such as bias in artificial intelligence (AI) systems. Digital platforms are also significant in safeguarding Alevi cultural rights and enabling the establishment of an understanding of being a community among Alevis via the use of internet platforms. In the era of digitalization of law, while Alevis comprehend their human rights and freedoms, they also use online platforms for activism. This article offers a thorough examination of the consequences of the digitalization of international human rights law for the Alevi population. It specifically focuses on the advantages and disadvantages associated with this phenomenon.

The teachings of John Paul II and the paradoxes of the right to life in the International Human Rights discourse

The right to life has a unique and outstanding importance in the International Human Rights Law. However, at the same time, this right suffers from new threats and contradictions. In this paper, I will address these paradoxes, concerning the moment, in which the legal protection of the human being begins; the tendency to accommodate the beginning of life to biotechnological interests; the manipulation of language, as well as the relativization of the right to life and the pretensions of justifying abortion and euthanasia as a requirement of the right to life. I will offer an assessment of these paradoxes in the light of the Magisterium of John Paul II, and I will end with four signs of hope and commitment at the beginning of the 21st century in relation to the protection of the right to life.

Do human rights really protect us? The evolution of the concept of human rights influenced by the work of the inter-american court of human rights

This text explores the growing influence of International Human Rights Law, focusing on the Inter-American System. It argues that human rights have attained a status akin to a "secular religion," shaping the legitimacy of states globally. Criticizing the hierarchical and unaccountable nature of bodies issuing internationally recognized treaties, the text examines specific characteristics of the Inter-American Human Rights Law, such as autonomous treaty interpretation and the control of conventionality doctrine. The concept of a "minimum standard" is scrutinized, raising concerns about the infallibility of treaty body interpretations. The existence of parallel legal orders and the relationship between national and international frameworks is discussed, unveiling potential challenges and an "infallibility complex" among human rights defenders.

Bridges, Not Walls: The Role of Migration and International Human Rights Law in Harnessing the Impending Demographic Tsunami

Bridges, Not Walls: The Role of Migration and International Human Rights Law in Harnessing the Impending Demographic Tsunami

A paradigm shift in disaster management: Incorporating a human rights-based approach to disaster risk reduction.

Understanding disasters as socially constructed events represents a departure from current and historic ways in which disasters are characterized, requiring a focal shift in thinking from forces of nature toward social order. Changing societal reactions to evolving natural occurrences restores disasters within the social order, introducing law as an essential framework in approaching disasters as injustices as opposed to misfortunes. International attention is starting to shift strategies intended to reduce risks to natural or man-made hazards and increasing attention on methods toward minimizing their impact known as disaster risk reduction (DRR). DRR is "a policy aimed at preventing new and reducing existing disaster risk and managing residual risk, all of which contribute to strengthening resilience and therefore to the achievement of sustainable development." The development of normative frameworks to reinforce disaster governance is a significant component in enhancing disaster management systems. Disaster law is an emerging tool to regulate "governance, ethics, and decisions on the demands of a sustainable, inclusive, and healthy planet." International legal frameworks heavily influence disaster prevention and preparedness with an increased central focus on implementing International Human Rights Law in DRR practices. Legal structures protecting human rights in DRR initiatives positively obligate states to take proper and necessary actions to prevent harm from future disasters. The application of human rights standards fosters the paradigm shift from evaluation of the hazards impact toward assessments of states' negligence of risks. Interactions among the natural environment, socio-demographics, and the built environment are strong predictors for disaster losses, thus "the regulatory potential for avoiding disasters and reducing their consequence is obvious." Preventative action becomes a crucial element if the catalyst of the disaster event is failure to adequately prepare and social vulnerability. Disaster law encompasses participation, damage control, and local habitat management as mandatory conditions of governance, assigning criminal liability to public administrators' negligence toward disaster planning and/or enforcement. Disaster law produces a "sustainable, reliable, and cost-effective model for addressing disasters," empowering communities to participate in disaster management efforts, one of the strongest methods of building resilience and reducing risk to disasters.

The new control of conventionality in Brazil: the transition from dualist to monist internalization of human rights

The article aims to study the theoretical and pragmatic foundations, of a historical, legal, and political nature, that give rise to CNMP Recommendation No. 96, of February 28, 2023 and the direct enforcement of international human rights treaties by means of control of conventionality in Brazil. This recommendation sets a somewhat innovative precedent by the National Council of the Public Ministry, since the control of conventionality is no longer carried out by the Judiciary alone. The hypothesis of this work is that this attitude of the Public Ministry puts it in a position of protagonism and vanguard in the introduction of conventionality control in Brazil and transformation of the Brazilian dualist system. Therefore, this research proceeds to make analytical comments on the main and most innovative aspects of the recommendation, as well as the consolidation of monist procedures for the enforcement of International Human Rights Law in Brazil.

Conceptualization and Juridicalization of Contemporary Forms of Slavery and Practices Similar to it in the System of International Human Rights Guarantees

Conceptualization and Juridicalization of Contemporary Forms of Slavery and Practices Similar to it in the System of International Human Rights Guarantees

International Human Rights Law and the Protection of Refugees in the Modern World

Purpose: The main objective of this study was to explore international human rights law and protection of refugees in the modern world.
 Methodology: The study adopted a desktop research methodology. Desk research refers to secondary data or that which can be collected without fieldwork. Desk research is basically involved in collecting data from existing resources hence it is often considered a low cost technique as compared to field research, as the main cost is involved in executive’s time, telephone charges and directories. Thus, the study relied on already published studies, reports and statistics. This secondary data was easily accessed through the online journals and library.
 Findings: The findings revealed that there exists a contextual and methodological gap relating to international human rights law and the protection of refugees in the modern world. Preliminary empirical review revealed that while international human rights law serves as a fundamental cornerstone for refugee protection, it is essential to bridge the gap between legal norms and practical implementation. Enhancing the protection of refugees in the modern world requires continued research, advocacy, and concerted efforts at the international, regional, and national levels to ensure that refugees are afforded the rights and dignity they deserve as they seek safety and refuge in an increasingly complex global landscape.
 Unique Contribution to Theory, Practice and Policy: The Liberalism theory, Constructivism theory and the Critical theory may be used to anchor future studies on the protection of refugees in the modern world. Recommendations made by the study include the following: strengthening implementation and compliance, enhancing regional and international cooperation, addressing root causes and prevention and engaging in legal reforms and adaptation.

The Role of International Human Rights Law in Shaping National Immigration Policies

The Role of International Human Rights Law in Shaping National Immigration Policies

Towards an Effective Legal Protection for Older Persons in the 21st Century: A Comparative Study of International Human Rights Law and Arab Constitutions

Background: This study explores legal protections for older people in the 21st century, particularly in the contexts of international human rights laws and Arabic constitutions. While international human rights systems afford implicit protections for senior citizens, the international legal framework is inadequate for addressing their specific rights and challenges. While Arabic constitutions often include general provisions protecting the rights of citizens, they do not explicitly address the rights and legal protection of older people. Methods: This study aims to confront this gap by examining legal frameworks that protect the rights of senior citizens in both international human rights law and Arabic constitutions. Results and Conclusions: The lack of a universally accepted definition for the term ‘older person’ poses a challenge when studying that demographic, as they are a highly heterogeneous group. In a rapidly ageing world, it is essential to develop legal frameworks that specifically address the rights of older people to ensure their dignity and well-being.

Reasserting the Right to Adequate Clothing in International Human Rights Law

Abstract Through examining the practice of the United Nation’s Committee on Economic, Social, and Cultural Rights, this article reasserts the ‘forgotten’ right to adequate clothing as a distinct right deriving from Article 11 (1) of the International Covenant on Economic, Social, and Cultural Rights (ICESCR). In doing so, this article traces and explains how the right to adequate clothing has ceased to feature in reporting and monitoring under the ICESCR. The right to adequate clothing must be reasserted for three reasons. Firstly, an accurate interpretation of the ICESCR requires its recognition as a distinct right. Secondly, it is the only human right that can effectively respond to the specific harms stemming from inadequate clothing. Thirdly, clothing is a prerequisite for the enjoyment of human rights generally. Consequently, the right must be reintegrated into the ICESCR’s reporting guidelines to allow effective monitoring and to engender the institutional development of this right.

The International Human Papillomavirus Reference Center: Standardization, collaboration, and quality assurance in HPV research and diagnostics.

The International Human Papillomavirus (HPV)Reference Center (IHRC)confirms and assigns type numbers to novel HPV types, maintains a reference clone repository, and issues international proficiency panels for HPV screening and genotyping. Furthermore, the Center coordinates the Global HPV Reference Laboratory Network that promotes collaboration and international exchange of experiences among national HPV reference laboratories, to further international standardization and quality assurance in the HPV field. The established HPV types (n = 225) belong to 5 different genera: alpha (n = 65), beta (n = 54), gamma (n = 102), mu (n = 3) and nu (n = 1). Since the last published IHRC overview in 2018, 6 novel types have been established, with 5/6 belonging to the gamma genus and 1/6 to beta genus. Also, 474 reference clones have been provided to 55 different research laboratories and the global proficiency program for HPV genotyping has seen an increasing proficiency (despite a decrease seen in 2019), from 68% proficiency in 2017 to 77.3% in 2022. The first proficiency study for HPV screening found an international proficiency of up to 77%. In summary, increasing complexity of the HPVs and demands on quality assurance in the era of cervical cancer elimination requires international efforts to support proficiency and recognized quality and order among HPV types.

Digital Platforms and the Right to Just and Favorable Conditions of Work: A Business and Human Rights Perspective

Abstract Digital platform economy has radically changed the modes in which work is organized, stretching the functionality of legal environment of work and its governance. This article builds on a strand of labor law scholarship that advances the need to rethink the legal construction of work and work relationship in order to adapt it to the dynamically evolving socio-economic context. By applying a business and human rights lens to this process, this article confutes the mainstream argument that labor rights guarantees remain contingent on an individual’s enjoying the status of an employee under national jurisdiction. We survey a largely underexamined conception of affording protection to platform workers under International Human Rights Law (IHRL). In doing so, we argue that the instruments of IHRL may in some respects be even better placed than that of national law, both strengthening and complementing areas where state protection is weak or non-existent. Through the right to just and favorable conditions of work perspective, we outline the non-contested, albeit partly poorly implemented obligations of states, as well as largely contentious and contested responsibilities of private actors such as digital platforms towards the rights-holders. We conclude by arguing that the leverage offered by IHRL in the struggle to curb a quasi-sovereign power of the platform largely outweighs the democratically motivated objections this avenue may raise.

Comments on the Awarding of the 10th Thomas J. Dodd Prize in International Justice and Human Rights

Comments on the Awarding of the 10th Thomas J. Dodd Prize in International Justice and Human Rights

The Common Core of the Fundamental Standards of International Humanitarian Law and International Human Rights Law

Abstract The presented paper discusses the convergence of international humanitarian law and international human rights law in armed conflicts. International human rights law and the human rights law converge and interact with each other because natural law is at the core of both these disciplines of public international law. Although international humanitarian law is a lex specialis, the general rules regarding the interpretation of treaties clearly indicate that international human rights law must be interpreted in the context of other rules of international law, and its possible derogations must be compatible with other international obligations of the state, including humanitarian law. In the event of a conflict between international humanitarian law and international human rights law, the mechanism for resolving conflicts between the standards was supplemented by an interpretation based on the principle of ‘system integration’ of the International Court of Justice which results in the ‘humanization’ of international humanitarian law. The evolution of the case-law of the European Court of Human Rights, which takes into account the international humanitarian law as the reference norm that should be referred to, demonstrates the close relationship between these areas of law. In the case of the application of universal and regional instruments of international human rights law, we are dealing with the ‘humanitarianization’ of these rights.