International Human Rights Research Articles

Not just new wine in old bottles: Seeing refugee law and human rights as entangled regimes

Abstract This article re-examines the relationship between international human rights and refugee law as a story of mutual interaction, by harnessing and developing the nascent concept of legal entanglement. While entanglement serves as an alternative starting point to understand how legal regimes mutually affect each other, this new concept still lacks sufficient clarity for making sense of the interfaces and development of international law. This article proposes an analytical framework for international legal theory by outlining a model of the normative, interpretive, and socio-political drivers of entangled regimes. It argues that new norms, interpretations, and socio-political shifts explain the rapprochement and distancing between refugee law and human rights over time. Acknowledging the risk that entanglement framing may become altogether too encompassing, the proposed approach to entangled regimes allows for precision and nuance in the empirical tracing of international law.

The International Legal Framework Governing the Protection of Cultural Heritage

The study delves deeply into the historical contexts of the countries involved, examining how the idea of cultural heritage and its protection under international law has changed through the years and in various social, economic, and political climates. When preserving cultural assets under public international law, we also consider the humanitarian aspect of this phenomenon. The study examines whether people and groups limit a state's power to act beyond limitations imposed by other states and international organizations. This research further examines the role of international human rights laws in this setting, the preservation of the individual's connection to cultural products, and whether or not an individual becomes a significant player in international law. The study's findings provide conclusive evidence of the pivotal catalytic role that UNESCO and similar international organizations play in the worldwide preservation of cultural heritage. UNESCO is the principal venue for monitoring whether or not states are adhering to international protection principles. Whether or not UNESCO can be effective without ratification processes for cultural preservation has to be investigated more deeply. The study's findings indicate that protecting cultural assets involves a wide range of aspects, including the rights and responsibilities of governments and the rights of cultures. In addition, our research suggests that the ever-evolving international legal system can improve its framework, which is relevant to preserving cultural treasures.

Corporations and positive duties to fulfil socio-economic rights: developing international human rights law

ABSTRACT There is much contestation about the nature and scope of corporate human rights obligations under international law. Some maintain that corporations have a basic responsibility to avoid human rights violations in their operations; others argue for a wider scope of accountability, including a more active duty to protect human rights. I argue that corporations should have positive duties under international law to fulfil all human rights, especially socio-economic rights. I ground my argument in the staggering inequality that exists between the wealthiest corporations, on the one hand, and the poorest parts of the global population, on the other. This is entrenched by a perfect storm of global economic inequality, international trade, and transnational corporate power. This creates structural poverty, which enables conglomerates to generate profits that, promises notwithstanding, do not reach people living in indigency. This results in the anomaly whereby indigent communities actually subsidise corporate profits. It is this inequity and concomitant benefit, that justifies the imposition of positive duties on corporations to fulfil socio-economic rights. However, this duty is limited. I identify a series of interlocking factors, the coalescence of which creates a reasonable and justifiable imposition of human rights duties onto corporations.

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

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

Consent of the sick ‘who cannot consent’ (elderly and children) in international human rights law

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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.

Employment Legal Protection in Facing Artificial Intelligence Disruption: Efforts to Overcome the Replacement of Human Workers

<p><em>This study aims to analyze employment legal protection in the face of disruption from artificial intelligence (AI) technology that threatens the existence of human labor. The development of AI technology has created new challenges for the world of employment, where many jobs have the potential to be replaced by machines and automated systems. This study uses a normative legal method with a statutory approach to examine existing employment regulations and their relevance in protecting workers' rights in the digital era. The data used consists of legal literature, laws and regulations related to the application of AI in the world of work. The results of the study show that Law Number 13 of 2023 concerning Manpower emerged as a response to the unfavorable situation for workers, with the aim of protecting labor rights and implementing international instruments and human rights declarations. Technological advances, especially automation and artificial intelligence (AI), bring benefits such as efficiency and new opportunities, but also pose challenges such as job loss. To address this, the government needs to strengthen employment legal protection, design policies to support affected workers, and provide skills training and incentives for companies. The Circular of the Ministry of Communication and Information on the ethics of using AI emphasizes inclusivity, humanity, accessibility, and sustainable development, as well as the protection of workers' rights such as the right to work and fair treatment. However, current national regulations do not specifically regulate the use of AI by companies, so new legal arrangements are needed to protect workers' rights and manage the transition due to Termination of Employment</em><em>.</em></p>

The potential of a rights-based approach to refugee-focused mental health policy in Aotearoa New Zealand

ABSTRACT In accordance with international human rights commitments, individuals with a refugee background have the right to mental health services that are available, accessible, acceptable, and of good quality. However, refugee-background individuals living in Aotearoa New Zealand experience a myriad of barriers at the individual, community, and policy level that impede access to appropriate mental health services. This commentary puts forward the argument that the incorporation of a human rights-based approach to mental healthcare service at a policy level is essential for reducing barriers to care and increasing the accessibility of mental health services. The article provides key recommendations for reforming the current New Zealand Refugee Resettlement Strategy (NZRRS) to include rights-based indicators for children and youth, to monitor accessibility relative to geographic location, to disaggregate data, to extend the 12-month monitoring period and to extend monitoring beyond one mental health visit. Further research is needed to understand how best to implement these recommendations and develop insight into how Aotearoa New Zealand can more effectively uphold the rights of refugee-background individuals with the ultimate goal of developing a mental health system that is more inclusive and responsive to their needs.

The Legal and Public Health Implications Of Digital Health Technologies

To reduce the negative effects of digitization, normative advice in international human rights legislation incorporates digital health into ethical and human rights frameworks. The use of digital health technology for universal health coverage (UHC) is acknowledged to have benefits, but its implementation must be based on respect for human rights, equity, and ethics, as well as upholding norms of acceptable quality, safety, and morality. The WHA acknowledged the necessity to use digital health technologies in the wake of the COVID-19 pandemic in 2020, but stressed that in doing so, they must "pay particular attention to digital inclusion, patient empowerment, data privacy and security, legal and ethical issues, and the protection of personal data." This paper's goal is to critically assess the proposed legislative framework and policy that regulate digital health technologies in India, as well as the implementation of digital health.

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

The neglect of protection for undocumented Migrant Workers within the framework of Human Rights Law

The safeguarding of fundamental rights for undocumented migrant workers represents a critical challenge that necessitates immediate attention. This article addresses the oversight within the human rights discourse regarding the fundamental rights of undocumented migrant workers. Through empirical normative research, incorporating a comprehensive review of normative literature, this study critically examines the regulations affecting migrant workers through the lens of human rights. It identifies a significant correlation between the lack of protective guarantees for undocumented migrant workers and the various cases and consequences that ensue. From a human rights perspective, regulations prioritize equality before the law, protection, and anti-discrimination. This stance contrasts with existing laws that govern Indonesian migrant workers, wherein protection is exclusively extended to those legally recognized. Such exclusivity denies undocumented migrant workers the assurance of their fundamental rights. Arguably, the provision of basic rights and protections should be indiscriminately extended to all migrant workers, irrespective of their legal status. While the specifics of migrant worker placement can still be regulated concerning requirements, processes, involved parties, and responsibilities, these regulations must not infringe upon the fundamental human rights of individuals. Consequently, this paper advocates for a thorough evaluation of current legislation with respect to its content, the comprehension of involved stakeholders, and the practical implementation of regulations concerning the management of migrant workers.

Uniform Civil Code: A Balancing Act Between Equality and Diversity

This research paper examines the challenges of applying uniform legal frameworks, specifically the Uniform Civil Code (UCC), in culturally and religiously diverse contexts like India. The paper highlights how historical, geographical, and environmental factors have influenced the evolution of religious practices, particularly in personal laws. India’s colonial history, religious diversity, and political influences have shaped distinct legal systems across communities. While International human rights norms emphasize equality and non-discrimination, the implementation of a UCC must account for India's vast cultural landscape. The study underscores the importance of balancing religious freedom with individual rights, especially women’s rights, while exploring the potential conflicts between personal laws and constitutional principles of equality. Case studies such as the Shayara Bano and Shah Bano judgments further illustrate the judiciary’s role in advocating for a UCC. Drawing on international examples like Turkey, the paper explores how a secular legal framework could promote equality while being inclusive of diverse cultural practices.

Human Rights in Scottish Foreign Policy: Constructing Scotland as a Good Global Citizen

Abstract While foreign policy is a reserved matter for the British government in Westminster, it is clear that the Scottish government aspires to, and indeed has implemented, an expanding programme of independent external relations. It is not the first sub-state political actor to do so. Whether as a part of the UK, or as potentially an independent country, Scotland has put considerable effort into developing an identity as a good global citizen. One area in particular where this has occurred is in human rights, where it has demonstrated leadership on a number of issues and sought to connect its domestic commitments to human rights to its external persona. This article will examine the dynamics of this development, looking at both the constraints and the possibilities for Scotland as an international human rights actor.

Mannréttindastefna Reykjavíkurborgar: Áskoranir, togstreita og tækifæri

Reykjavíkurborg tók ákveðið frumkvæði í jafnréttis- og mannréttindamálum á Íslandi þegar mannréttindastefna borgarinnar var samþykkt árið 2006. Stefnan ber sterkan svip af regluverki Evrópusambandsins þar sem áhersla er lögð á jafnrétti allra hópa og bann við mismunun. Innleiðing og framkvæmd mannréttindastefnunnar hefur reynst vandasamt ferli, ekki síst þar sem löggjöf um bann við mismunun hér á landi er ábótavant, nema á sviði kynjajafnréttis, og hefur það haft bein áhrif á stöðu málaflokksins. Spurningakönnun sem lögð var fyrir stjórnendur hjá Reykjavíkurborg um mannréttindastefnuna, fordóma og stöðu jaðarsettra hópa leiddi í ljós að í grunninn virðist mannréttindastefna Reykjavíkurborgar vera gott verkfæri. Stefnan er ágætlega þekkt meðal stjórnenda og þeir nýta hana sem tæki til breytinga, sér í lagi þegar kemur að mannaráðningum og starfsmannahaldi, en minna við úrhlutun fjármagns. Þrátt fyrir ásetning um að sinna jafnrétti allra og vinna gegn margþættri mismunun virðast sumir jaðarsettir hópar berskjaldaðri fyrir mismunun og jaðarsetningu en aðrir, sérstaklega innflytjendur, fatlað fólk og langveikt fólk.

The Relevance of a Globally Recognised Rights-based Approach to Environmental Protection

A rights-based approach is an international framework centered on the promotion and protection of human rights consistent with international human rights standards. Since the United Nations General Assembly in Stockholm in 1972 first linked human rights and environmental protection, there has been a growing tendency to include rights-based guarantees in environmental protection topics. After more than a decade of judicial practice in environmental protection, rights-based environmental litigation has become more and more evident. On this basis, a human rights-based approach has been put forward to address the issue in a way that is shared between “government” and “businesses”. The human rights-based approach is of great significance to environmental protection and sustainable environmental development, and the relationship between the two is also of value for research.

Counterterrorism in Ethiopia: source of threat or security to the people?

ABSTRACT The objective of the counterterrorism policies of Ethiopia as reflected in the anti-terrorist proclamations was to protect the right of people to live in peace, freedom and security at all times from the threat of terrorism. However, in practice, the counterterrorism policies followed the designation of opposition political forces as terrorist organisations and unprecedented crackdown on political opposition and critical voices. Therefore, this emancipatory study examines the theory and practice of Ethiopia’s counterterrorism policies with the objective to unravel its political use and abuse, and hence demystify its security referent. Data were obtained through in-depth interviews, and the analysis of the anti-terrorist proclamations, explanatory notes, speeches, terrorism files and records, and reports of international human rights organisations. The analysis revealed that counterterrorism in Ethiopia remains the source of threat rather than security to the people in the country.

International Human Rights Law, Economic Globalization and FDI

International Human Rights Law, Economic Globalization and FDI

Filling the Accountability Gap: Misleading Conduct Law in Business and Human Rights

Abstract This article examines the use of misleading conduct law to challenge false or deceptive business claims about their human rights practices and impacts. It does so in the context of recent developments in the field of business and human rights including the introduction of non-financial reporting, disclosure and human rights due diligence that have seen an increase in business communications about their human rights impacts. The article uses the Protect, Respect and Remedy framework of the United Nations Guiding Principles on Business and Human Rights to analyse the EU Directive on Unfair Commercial Practices (2005/29) and the Australian Consumer Law. Each prohibit misleading conduct by business. The article argues that, to differing extents, these legislations partially address the accountability gap that has emerged in the context of corporate human rights claims and practices.

Is There a Need to Expand the Refugee Definition?

This article examines the urgency of protecting against displacement caused by climate change under international law and questions why Rohingya displacement has not been resolved even though it has been protected by international law, whether the harmonization of human rights approaches, national law, and international law towards refugees and climate refugees. This paper uses a literature review method and a normative legal approach by reviewing national and international human rights law. The findings of this paper suggest that many Rohingya continue to flee to safer countries, often taking enormous risks, including dangerous ocean crossings. The impacts of climate change can be categorized as persecution; the Refugee Convention requires that such persecution be due to race, religion, nationality, political opinion, or membership of a particular social group. Persecution alone is not enough. The difficulty is that the impacts of climate change are largely indiscriminate and not related to specific characteristics such as a person's background or beliefs. The Rohingya people have experienced violence, discrimination, and persecution for decades, and the international community has failed to protect them effectively. The international community has allowed Myanmar to carry out genocide against the Rohingya without taking any action, even though United Nations member states are obliged to protect their population from genocide, war crimes, ethnic cleansing, and crimes against humanity. National, international, and human rights laws play an important role in determining the legal status and rights of refugees in a country. All three must be embedded and integrated, starting from international law and its derivatives to national law, which contains humanitarian rights.

Deaths in jail: a retrospective analysis of autopsies performed at the Legal Medicine Unit of Pavia (1999-2022).

The high rate of incarceration, now exceeding 11.5 million people worldwide, has raised concerns about the conditions within penal institutions, such as the consequences of incarceration on the person. This retrospective study aims to investigate the issue of death in custody, exploring the relationship between incarceration, health vulnerabilities, and death from the forensic pathologist's point of view. We analyzed, from a forensic, clinical and toxicological perspective, 86 cases of deaths in detention facilities in North-Western Italy from 1999 to 2022. The analysis has shown that suicide, mainly committed by hanging, plastic bag suffocation and butane intoxication, represents the leading type of violent death (52%), followed by accidental deaths (16%). On the other hand, cardiovascular diseases are the leading cause of natural deaths (42%), followed by infectious diseases (especially HIV-related). The present study identifies the most frequent and critical situations and risk factors related to death in custody and the profile of the inmate who is at a higher risk of death, allowing to highlight the issues to be addressed from a public health point of view. On the whole, it calls for comprehensive reforms, aligned with international human rights standards, addressing mental and physical care gaps, improving correctional officers' education, and training, and focusing on rehabilitation with well-being and dignity.