Norms Of Human Rights Research Articles

Judging children's best interests: Centring bodily integrity

This article addresses how bodily integrity has been mobilised in the context of genital cutting of male infants and the extent to which the concept is taken into account in legal decision-making in the United Kingdom. While bioethicists have debated whether interventions on children's bodies are more appropriately determined on the basis of hypothetical consent or in the child's best interest, it is clear that in law the relevant test is whether interventions are in the child's best interest. As the issue of nonconsensual genital cutting of infants has become more contested, courts have been asked to adjudicate on the best interests of infants in situations where their caregivers disagree about procedures. Although this body of jurisprudence remains (surprisingly) small, in this article we argue that, while there are now discernible trends in such cases (e.g. deferring decision-making until the child has the requisite capacity to decide, engaging with certain human rights norms), too often judicial reasoning about a child's best interests remains largely empty of reasoned content, and in certain respects is regressing. Using the recent case of Re P to exemplify this logic, and drawing on our previous work advocating the value of embodied integrity, we argue that judges should adopt a more substantive framework of values in judging the child's corporeal and other interests in such cases. This would move best interests assessments beyond a mere formalistic exercise and lead to better reasoned legal judgements.

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.

Legal Approaches To Addressing The Social Determinants Of Public Health: The Scenario In India

The enhanced scope, services, and rising investment by both public and private entities are driving the rapid and vigorous growth of the Indian healthcare system. Clinical trials, hospitals, medical equipment, telemedicine, health insurance, and medical appliances are all included in the scope of healthcare. Numerous factors, including our residence, heredity, environmental conditions, income, and education, all contribute to the health of individuals and communities and have significant effects on public health care.Environment and circumstances are major factors in determining an individual's state of health as well. For the health care system to be successfully implemented, it must be designed to adhere to specific human rights norms. A strong regulatory framework is essential to achieving favourable results for human health. By enforcing sanitary regulations on things like food safety, abattoir hygiene, and water quality monitoring, it reduces the likelihood of contracting diseases. The result is a shaky human health care system due to wide gaps in the enforcement, monitoring, and evaluation processes. This is also a result of inadequate funding for medical care for people, a lack of dedication and leadership on the part of health professionals, and a lack of community.

A Legal Appraisal of the Application of the Death Penalty in Cameroon

This paper provides a comprehensive legal appraisal of the death penalty’s application in Cameroon, evaluating its constitutional, legal, and human rights dimensions. Despite the global trend towards abolition, Cameroon continues to implement capital punishment, sparking intense debate regarding its alignment with international human rights standards and constitutional guarantees. The study examines the statutory framework governing the death penalty in Cameroon, including relevant provisions of the Cameroonian Penal Code and the Constitution. It assesses the recent legal reforms and international treaties on the death penalty’s application. Through a critical analysis of judicial practices, and case law, the paper highlights inconsistencies and challenges in the implementation process. The appraisal further explores the socio-political and ethical implications of capital punishment in Cameroon, considering public opinion and the role of civil society. The study adopts a qualitative research methodology which makes use of empirical methods such as observation. It also makes use of the doctrinal method which entails content analysis of primary and secondary data. Ultimately, the study advocates for a reassessment of the death penalty’s role in the justice system, emphasizing the need for reforms to align with evolving human rights norms and ensure fair and equitable application of justice.

The Reform and Evolution of ASEAN Human Rights Regime: A Communicative Action Perspective

ASEAN has experienced significant progress since the initiation of the ASEAN Community Vision and the incorporation of human rights into its foundations. This development has ignited continuous scholarly discussions over the degree to which the ASEAN human rights framework shape regional identity and impacts member states’ behavior towards human rights. These debates often revolve around two key theoretical approaches: the logic of consequences and the logic of appropriateness. These logics pose challenges in fully understanding the complexity of state behavior, as they are often observed operating simultaneously and interchangeably within state actions. The article investigates the ASEAN human rights regime through the communicative action perspective and its logic of arguing. It employs a qualitative instrumental case study approach, focusing on the ASEAN Intergovernmental Commission on Human Rights (AICHR) and the ASEAN Humanitarian Assistance (AHA) Centre to illuminate the region's evolving human rights strategies. It is characterized by both deliberate reforms and informal adaptations, reflecting a complex interplay of traditional principles, and emerging human rights norms. The findings indicate that ASEAN states are open to being convinced and persuaded by ideas related to human rights instead of dismissing them outright. ASEAN's approach to human rights, while progressing gradually, suggests a shift towards more substantive engagement with global human rights norms, facilitated by the discursive processes embedded within the AICHR and AHA Centre.

Defending heroic soldiers at the United Nations Human Rights Council: shame, honour, and sovereign masculinity

AbstractHuman rights activists worldwide rely heavily on naming and shaming rights‐abusing states at the United Nations Human Rights Council (UNHRC) to induce them to comply with international human rights norms. However, what about national‐level actors who seek to shame a government for complying with human rights? This article explores how Sinhala Buddhist ethnonationalist political leaders and ideologues in Sri Lanka invoked the trope of sovereignty as both autonomy and masculinity to shame the new United Front government (2015‐19) and its UN‐supported transitional justice programme designed to address war crimes committed by the state during the last phase of the civil war. In so doing, I draw on and contribute to the literature on shame and global governance and feminist and critical scholarship on sovereignty and masculinity. Moreover, this analysis contends that it is not possible to understand the logic and efficacy of these tropes in postwar Sri Lanka unless we consider the emergence of a hegemonic, anti‐Western, patriotic masculinity and a new idiom of honour that supplements the concept of lajja‐baya (shame and fear of shame) – a central category in the anthropological canon of Sri Lanka.

Fragmentation in the European and Inter-American Human Rights Courts Regarding the Scope of Religious Autonomy: An Analysis of the Use of Sources and Methodologies

ABSTRACT Fragmentation in International Human Rights Law (IHRL) may affect the universality of human rights norms and their legitimacy. This article analyses a recent case of contradiction between the European and the Inter-American Court of Human Rights (IACHR) regarding employment contracts of religious education teachers and the scope of religious autonomy. These courts reached contradictory conclusions on key substantive issues because they used different ways of framing the issue at stake, and different legal sources and interpretative methodologies. The analysis reveals that while the European Court of Human Rights (ECHR) relied on the use of comparative law, a test of proportionality, and the margin of appreciation, the IACHR relied mainly on American domestic law and the opinions of two expert witnesses. In this case, the IACHR could learn from the approach of the ECHR to develop a more rigorous legal methodology in order to keep the coherence of the international legal system.

Beyond surveillance: privacy, ethics, and regulations in face recognition technology.

Facial recognition technology (FRT) has emerged as a powerful tool for public governance and security, but its rapid adoption has also raised significant concerns about privacy, civil liberties, and ethical implications. This paper critically examines the current rules and policies governing FRT, highlighting the tensions between state and corporate interests on one hand, and individual rights and ethical considerations on the other. The study also investigates international legal frameworks aimed at protecting individual rights and privacy, arguing that current legislative measures often fall short of robust scholarly standards and international human rights norms. The paper concludes with recommendations for developing principled and adaptable governance frameworks that harness the benefits of FRT while mitigating its risks and negative impacts, underscoring the importance of placing human rights and ethics at the center of regulating this transformative technology.

A Fair Trial Perspective on Albanian Law No. 19/2016 “On Additional Measures for Public Security”: Aligning with European Human Rights Standards

This study critically assesses Albania's Law No. 19/2016 "On Additional Measures for Public Security" against the European Convention on Human Rights (ECHR), focusing on privacy and the right to a fair trial. Through comparative legal analysis, it juxtaposes Law No. 19/2016 with ECHR provisions and the European Court of Human Rights (ECtHR) jurisprudence, examining the law’s alignment with human rights norms, especially regarding surveillance. The analysis uncovers substantial discrepancies, particularly in the law’s approach to public surveillance and the protection of individual rights, indicating a need for significant legal reform in Albania. The paper proposes amendments to better align national legislation with ECHR standards, advocating for clearer surveillance regulations, enhanced privacy protections, and adherence to fair legal processes. It champions a balanced public security strategy that respects human dignity and freedom, aligning with European human rights principles. Received: 15 January 2024 / Accepted: 22 May 2024 / Published: 02 July 2024

African Law and The Status of Women’s Access to Justice in Cameroon

The sources of law in most African countries are customary law, the received laws and legislation both colonial and post-independence. In a typical African country as is the case with Cameroon, the great majority of people conduct their personal activities in accordance with and subject to customary law. Customary law has great impact in the area of personal law in regard to matters such as marriage, inheritance and traditional authority, and because it developed in an era dominated by patriarchy some of its norms conflict with human rights norms guaranteeing equality between men and women. While recognising the role of legislative reforms, it is argued here that the courts have an important role to play in ensuring that customary law is reformed and developed to ensure that it conforms to human rights norms and contribute to the promotion of equality between men and women. The guiding principle should be that customary law is a living law and cannot therefore be static. It must be interpreted to take account of the lived experiences of the people it serves.

Assessment on the Conditions of Persons Under Custodial Facility (PUPC) during Covid-19 Pandemic

This study aimed to assess the conditions of persons under custodial facility in Laguna Police Station during Covid-19 pandemic in Laguna Province. This study employed the use of descriptive comparative utilizing survey methodology. Research locale was limited a Police Custodial Facility in Laguna Province. The respondents were the 10 police officers and 10 persons in custody facility and were selected using purposive sampling technique. The research instrument in this study was a survey questionnaire adopted from the guidelines and procedures in the management and supervision of all PNP custodial facility and persons under PNP custody. Data were analyzed using mean, and One Way Analysis of Variance. The study found that the custody facility in the Philippines has maintained good conditions, with both police officers and persons in custody rating the implementation as moderate. The facility effectively implemented protocols to protect its personnel and those under its control, preventing the transmission of the virus. However, there is a significant disparity in evaluations, indicating structural flaws in the criminal justice system. To address these issues, a comprehensive strategy focusing on openness, responsibility, and the perspectives of those directly affected by correctional circumstances is needed. Cooperation among various actors, including communities, government authorities, civil society groups, and law enforcement agencies, is crucial. Independent oversight measures and accountability from human rights commissions and civil society groups can ensure compliance with human rights norms.

International Human Rights Law: Enforcement Mechanisms and Challenges in a Globalized World

A glimmer of hope in the fight for the promotion and protection of human dignity and basic human rights is international human rights law (IHRL). individuals worldwide. Yet, its efficacy depends heavily on the robustness of enforcement mechanisms and their adaptation to the complexities of a globalized world. This paper explores the various enforcement mechanisms within IHRL, ranging from international treaties and conventions to regional human rights bodies and domestic legal systems. It delves into the challenges facing these mechanisms, including issues of jurisdiction, state sovereignty, political will, and resource constraints. Moreover, it examines how globalization, with its interconnectedness and transnational nature, both facilitates and complicates the enforcement of human rights norms. The paper concludes by highlighting the need for enhanced cooperation among states, international organizations, civil society actors, and other stakeholders to overcome these challenges and ensure the effective enforcement of IHRL in a rapidly evolving global landscape.

Emotions and norms in the Syrian refugee crisis: the comparative responses of the EU and Turkey

ABSTRACT This paper delves into the evolving research area of emotions and norms within international relations, focusing on the EU-Turkey dynamics amid the Syrian refugee crisis. Utilizing Emotion Discourse Analysis (EDA), it examines discourses from key EU and Turkish leaders between 2011 and 2023 to understand how their emotional responses to Syrian refugees influence the universal norm of human rights. Since the specific interconnection between leadership emotions and human rights norms remains largely unexplored, this study seeks to fill this gap by examining how emotions expressed by leadership in Turkey and the EU variously challenge, protect, or construct human rights norms related to Syrian refugees. Preliminary findings reveal contrasting emotional expressions: while President Erdoğan’s discourse often aligns with the protection and construction of human rights norms, EU leaders’ emotions reflect a tension between human rights commitments and border security priorities.

‘Change here for…’: Understanding progress in business and human rights through legal entanglement

Progress in the business and human rights space can be quite a fickle thing to assess. Despite intensive norm development, many observers emphasise elements of stagnation within the field. This article argues that much of the frustration is caused by the dominance of a linear understanding of progress which is fixated on the dichotomy between soft and hard forms of regulation. This, in turn, obscures much of the dynamism within the field. To better account for progress within the business and human rights space, the article suggests a shift of framing from a linear conception of regulatory change to one that understands the field as an entangled normative network characterised through the connections between norms. By using the norm of human rights due diligence as an example, the article highlights the nuanced developments and linkages between various instruments, systems, and actors that evidence intense norm-making activity within the business and human rights space. The on-going normative-discursive exchange between stakeholders produces a norm that is constituted through an iterative process of entanglement.

Ensuring a just transition: The electric vehicle revolution from a human rights perspective

Despite the potential of electric vehicles (EVs) to mitigate climate change and reduce reliance on fossil fuels, their rapid adoption presents nuanced challenges to both social equity and environmental stewardship within the transportation sector. While the EV revolution contributes to energy independence, job creation, and sustainable development, it also raises concerns regarding its potential impact on the human rights of people impacted by the production, use, and end-of-life of EVs. Unfortunately, current studies on transportation electrification often fail to provide a systematic review of such human rights challenges and concerns. This paper aims to fill this gap by analyzing the potential impacts and challenges that EVs present for human rights throughout their life cycle, and by proposing potential measures to address human rights violations. Our analysis draws on international human rights norms, law, and standards because of their universality and suitability for developing baseline indicators, modes of inquiry, and reporting that can be used to assess the potential harm of EVs to vulnerable communities and degraded ecosystems. The aim is to enable stakeholders (i.e., actors within civil society, government, and the private sector) to better understand the potential social and environmental challenges of EVs and ensure that the transition to low-carbon transportation is equitable, sustainable, and supportive of human rights.

Correlation between International Regulations and Domestic Regulations in the Field of Human Rights and Freedoms

Abstract The correlation between international regulations and domestic regulations in the field of human rights and freedoms” analyses the relationship and mutual impact between international human rights norms and standards and the domestic legislation of the States. The paper investigates the importance and ways in which international regulations influence and are implemented in the domestic legislation of States to ensure the protection and observance of human rights. First of all, States have to pass appropriate domestic legislation to implement and give practical effect to international human rights norms and standards. This means that domestic regulations must be consistent with States’ international obligations and ensure the protection and respect of human rights at a national level. Secondly, international human rights regulations can serve as instruments for interpreting and applying domestic law. States can use international standards as references for interpreting and applying their domestic laws, thereby ensuring that human rights are duly observed and protected.

(Dis)embedding humanitarianism: Trajectories of subordination and subversion within migrant-serving NGOs

A broad body of scholarship has examined how states and intergovernmental organizations like UNHCR and the IOM mobilize discourses of humanitarianism and political neutrality to legitimize and depoliticize “migration management,” which is imagined as an orderly, economically productive, and humane endeavor that is in line with state security interests, prevailing growth and development objectives, and human rights norms. The article contributes to more recent work that has tended to frame smaller grassroots humanitarian organizations as either subversive or subordinated to migration management. We engage with long-standing conversations in economic geography and related social science disciplines to consider embeddedness as a conceptual framework that highlights the spatial and temporal nuances of how migrant-serving NGOs negotiate intersecting moral, legal, and political interests. We suggest that conceptualizing embeddedness as a spatio-temporal process nuances recent conversations regarding the ambiguous role of NGOs as either subordinated or subversive relative to migration management. Approaching (dis)embeddeding as a dynamic relational process, we argue, provides a framework for understanding how NGOs simultaneously align with and contest the interests of migration management amid shifting social, economic, and political conditions.

Transgender behind bars. The transgender pains of imprisonment in the light of the emerging and advancement of human rights protection for transgender prisoners within the Council of Europe context

Prison systems are traditionally binary systems, as prisoners are either placed in a male or a female prison facility. In the literature, transgender prisoners are identified as a vulnerable group, due to the heightened risk of human rights violations such as violence, abuse, sexual exploitation, stigma and discrimination. Maycock, building upon the theory on the ‘pains of imprisonment’ by Sykes, has identified specific pains of imprisonment to consider the particular deprivations or frustrations that transgender people experience within prison settings. In this article, the central question is whether the human rights framework as developed within the Council of Europe has put forward human rights norms for the placement and treatment of transgender prisoners to deal with these specific pains of imprisonment and to provide protection to transgender prisoners against additional suffering in prison. To ensure safe and humane prison conditions for the vulnerable group of transgender prisoners adequate human rights protection is of the utmost importance. Combining the criminological theory of the transgender pains of imprisonment with the human rights based approach this article makes a novel contribution to the study of transgender people in custody within the Council of Europe context. This approach will shed light on this often overlooked group of vulnerable persons in European prisons. The findings are not only based on theory, but also illuminate current practices in the Council of Europe Member States, as Maycock’s theory of the transgender pains of imprisonment is based on interviews with 13 transgender people in custody in the Scottish penal context and the country reports by the CPT provide evidence of penal policies and practices on the placement and treatment of transgender prisoners in 10 different Council of Europe Member States.

Judicial Precedent in The Justice of The Anglo-American System of Law

Purpose: The article provides a scientific analysis of judicial precedent as a source of law in the Anglo-American legal system. Methods: This study carefully analyzed scholarly works and legal documents of judicial precedent as sources of law in the Anglo-American legal system. The data was obtained from various sources, including academic research, international human rights norms and practices of their application with the help of general philosophical and special methods of cognition. Results and discussion: It is emphasized that the judicial precedent is determined by the traditional attitude towards the court in society, which was formed within a certain legal system. It is noted that law in the understanding of the Anglo-American legal system is primarily judicial practice, and the norms of law are included in the legal system only after their repeated application and presentation by judges. It is concluded that today there are objective trends regarding the convergence of the Romano-Germanic and Anglo-American legal systems. It is noted that in common law countries, the legislative path of law development is becoming more and more important, and in continental law countries - judicial decisions of both domestic and international courts, with the help of which the law is clarified and developed. Implications of the research: This research has significant implications for researchers and practitioners in the field of legal sciences, as it defines a comprehensive vision of the development trend of the Anglo-American legal family, which in the process of its evolution acquired certain features of the Romano-Germanic legal system. Originality/value: The specific conclusions formulated in the study fill a gap in current methodologies and knowledge regarding the use of judicial precedent in the justice of the Anglo-American legal system. Clarifying the specifics of the court's interpretation of the precedent as a source of law in the countries of the Anglo-American legal system will contribute to the enrichment of legal science and the development and modernization of certain approaches to these issues at the national level.

The Migration of Human Rights Norms: Understanding the Causes of Transjudicial Conversation in the Philippine Context

The Migration of Human Rights Norms: Understanding the Causes of Transjudicial Conversation in the Philippine Context