Numerous Human Rights Research Articles

Predictors of psychological distress in Syrian refugees with posttraumatic stress in Germany.

Syria has been the main country of citizenship of refugees in Germany since 2013. Syrians face numerous human rights violations in their country that can be accompanied by the experience of potentially traumatic events, loss and displacement. Along the migration process, refugees are exposed to various factors that can have an impact on mental health. The aim of this study is to investigate sociodemographic, war- and flight-related as well as post-migration factors as predictors of posttraumatic stress, depression, somatization and anxiety in Syrian refugees with posttraumatic stress symptoms based in Germany. Data were based on the baseline sample of the “Sanadak” randomized-controlled trial. A total of 133 adult Syrian refugees participated in the study. A questionnaire covered sociodemographic and flight-related questions as well as standardized instruments for symptoms of PTSD (PDS-5), depression (PHQ-9), somatization (PHQ-15), anxiety (GAD-7), generalized self-efficacy (GSE), religiousness (Z-Scale), social support (ESSI) and mental health stigma (SSMIS-SF). Linear regression models were executed to predict mental health outcomes. Sociodemographic predictors (i.e., female sex, higher education) and flight-related predicting factors (i.e., variability of traumatic events) have a negative impact on mental health in Syrian refugees with posttraumatic stress symptoms in Germany. Mental health stigma predicts worse mental health outcomes. Post-migration factors have a major impact on mental health, such as low income, lack of social support, low life satisfaction or a strongly felt connection to Syria. Somatization is an important manifestation of mental distress in Syrian refugees with posttraumatic stress symptoms. Our study showed a range of factors predicting the mental health of Syrian refugees with posttraumatic stress symptoms. Measures to foster mental health could be securing financial security, promoting gender equality and tailored psychosocial programs addressing mental health stigma, loss and social support networks.

Environmental rights of citizens and legal safeguards for their protection: challenges for the future

The purpose of the study is to analyze the environmental rights of citizens and guarantees of their protection. To achieve the results of the study a systematic approach and various scientific methods were applied, in particular: dialectical, formal-logical, comparative-legal. As a result of the conducted research, the interrelation between international environmental law and the case law of the European Court of Human Rights concerning environmental rights was considered. The study analyzed the development of the case law of the European Court of Human Rights and concluded that the European Convention on Human Rights lacks a clear recognition of the right to a healthy environment. The importance of the environment for the realization of human rights has been proven to be widely recognized in international law. The assumption that a human right to a healthy environment can arise in international law raises a number of theoretical and practical problems for human rights, with such problems arising both within and outside the human rights debate. The quality of the natural environment has been found to affect the ability of governments to uphold numerous statutory human rights. The research concludes that human rights law can make a positive contribution to environmental protection, but the precise nature of the relationship between the environment and human rights requires a more critical and deeper analysis of environmental rights issues. The article analyzes the thesis regarding the guarantee of human rights to a safe environment.

Challenges for Human Rights’ Respect: Accountability of Transnational Companies - Samarco Case Analysis

In global capitalism economic power is undeniably attractive, and so states, especially those lacking resources and incipient in regulation, are easily seduced to overshadow threats and violations of human rights. Thus, the State omits itself in function of economic advantages, relevant, but to the detriment of human and sustainable development, with this, the potentiality of catastrophes and intense violations of human rights is increased. Based on the Samarco case, one of the largest environmental disasters in Brazil, which generated numerous human rights violations, with the use of bibliographic sources and data from the specific case, using the hypothetical-deductive method, an analysis is made of the current system of international accountability, focused only on host states, and modifications that could be adopted with regard to the system of accountability of transnational companies as a way to lead them to respect and integrity with regard to human rights and meet SDGS n. 16 of 2030 Agenda. Keywords: human rights, international responsibility, ambiental disaster Samarco DOI: 10.7176/RHSS/11-12-01 Publication date: June 30 th 2021

A review on the prevailing gaps in women’s sexual and reproductive health rights in Tanzania’s National Health Policy 2017

Women’s sexual and reproductive health rights (SRHR) are linked to numerous human rights; health, education, freedom from torture, protection from all forms of discrimination, and right of privacy. SRHR refers to a set of rights that every human being is entitled to, regardless of culture, race, religion, ethnicity, or disability. Women’s sexual and reproductive health rights have been taken for granted, especially in Tanzania’s health policies. However, Tanzania has several National Policies and Laws that affect women and men differently and in certain areas, they even contradict other existing laws. The prolonged poor SRHR shows the urgency of the reformation of the policies and laws. The analysis was carried out qualitatively through a reflection focused on the policy and other legal materials concerned. The study revealed that the policy does not cater enough for women’s SRHR. This study concludes that the policies are outdated and have a lot of loopholes. This has led the sexual and reproductive health system in Tanzania astray. The study concludes that the TNHP 2017 has to be reviewed and revised in order to meet the women’s SRHR and also to align it with some of the international policies and targets concerning sexual and reproductive health.

In The Wake Of Equality – The Realization of The Rights of Transgender Persons in India

The right to recognition as a person before the law is guaranteed in numerous international human rights conventions, and is a fundamental aspect of affirming the dignity and worth of each person. Legal gender recognition is also an essential element of other fundamental rights including to privacy, to freedom of expression, to be free from arbitrary arrest, and rights related to employment, education, health, security, access to justice, and the ability to move freely. The transgender community in India were an ignored segment of the society and faced deep and pervasive discrimination, despite protection under various provisions of the Constitution. In April, 2014, Supreme Court in its landmark judgment of NALSA v. Union of India (hereinafter the NALSA judgment) ushered in the recognition of various civil and political rights of the transgender community. The genesis of this recognition lies in the acknowledgment of equal worth of every person and the right of choice given to an individual which is the inseparable part of human rights. This article understands the terminology ‘transgender’ in Indian context by assessing the interpretation of the hon’ble Supreme Court of India in various judgments. Further, it studies the process of recognition of the rights of the transgenders in India inclusive of a timeline from past to present. Thereafter, this article elaborates the gains of the transgenders in India from the beneficial legislations enacted for their upliftment and emphasizes on the Transgender Persons (Protection of Rights) Act, 2019.

A human right to music - an ethical justification

In this article, the human right to music will be introduced as 'bundled human right' that is constituted by numerous human rights including, among others: the right to freedom of expression; the r...

‘British Values Are Also Values All Around the World’: Teaching Fundamental British Values through a Human Rights Lens

AbstractSince 2014, the promotion of Fundamental British Values (FBV) has been a requirement across formal schooling in England. The agenda has, however, faced criticism from various stakeholders. Much of this denunciation has been directed at the opaque nature of FBV, but the agenda is problematic for more concerning reasons. It is arguable that, in light of the current threat from ethno-nationalism, frameworks such as FBV that focus on a particular definition and formulation of national values run the risk of being interpreted in a manner that is exclusionary and liable to ‘other’ different ethnic groups in the classroom. The FBV framework furthermore overlooks the fact that the UK isalready subject to numerous international human rights obligations, including many that mandate the provision of holistic and effective human rights education at all levels of formal education. This article therefore draws upon the findings of a pilot study conducted with Year 5 learners in four primary schools in the West Midlands showing that teaching about human rights through the FBV agenda is possible, by linking discussion of values at the national level to broader human rights principles. Such an approach satisfies the government’s desire for children to learn about FBV, whilst highlighting that these values also exist in a global context. This, in turn, is likely to be a more effective way of encouraging learners to be global citizens who will contribute to the building of a broader culture that is respectful of human rights.

Democracy and Right to Freedom of Expression: A Case Study on the Nigerian Youth Protest on Police Brutality

It is stated that both under the constitution of Nigeria and under the African Charter on Human People’s Rights, persons in any part of Nigeria have the fundamental human right to privately and publicly freely express their disproval or objection over an issue through a protest any time or day. In history, protests have often inspired positive social change and improved protection of human rights, and they continue to help define and protect civic space in all parts of the world. In a democratic Nation like Nigeria, Protests encourage the development of an engaged and informed citizenry and strengthen representative democracy by enabling direct participation in public affairs. They enable individuals and groups to express dissent and grievances, to share views and opinions, to expose flaws in governance and to publicly demand that the authorities and other powerful entities solve problems and are accountable for their actions as seen in the case of the Nigeria Youths protest on police brutality. Yet governments around the world too often treat protests as either an inconvenience to be controlled or a threat to be extinguished. In a democratic Nation, the right to freedom of expression which could come through peaceful protests, involves the exercise of numerous fundamental human rights, and it is essential for securing all human rights, which the citizens should not be denied off by any person in power.

The ‘reasonable suspicion’ test of Turkey’s post-coup emergency rule under the European Convention on Human Rights

Since the 15 July 2016 failed coup, Turkey has seen the mass arrests and detention of hundreds of thousands of individuals; among them are judges and prosecutors, military personnel, police officers, journalists, lawyers, human rights defenders and opposition politicians who have been deprived of their liberty on an array of terrorism-related charges. While this has raised numerous human rights issues, this article focuses on those relating to pre-trial restrictions imposed on the right to liberty and security of individuals during the post-coup state of emergency. Building on the theory and use of the reasonableness concept in the field of pre-trial detention through a particular focus on the ‘reasonable suspicion’ test under Article 5 § 1 (c) of the European Convention on Human Rights (ECHR or the Convention), the article analyses the role of the European Court of Human Rights (the Court or the ECtHR) in enforcing the guarantees of the right to liberty in the Turkish post-coup cases of Mehmet Hasan Altan, Şahin Alpay, Alparslan Altan and Kavala. Against the background of pre-existing Convention standards on pre-trial reasonable suspicion in states of emergency, it finds that the ECtHR has adopted a stronger supervisory stance regarding the compatibility of Turkish post-coup detention practices than the more hesitant approach shown in the prior derogation context of Northern Ireland. While these decisions give some cause for optimism in the hope for a judicial boldness on the part of the ECtHR in condemning Turkey’s arbitrary detention practices during the state of emergency, the article argues that there is further scope for the Court to strengthen its protection in this respect. Notably, despite the positive aspects in the Court’s approach, by continuing to support the notion that the Turkish legal landscape is capable of addressing Article 5 violations and not tackling the underlying structural issues so clearly at play, the Court leaves a glaring gap in rights protection for those seeking justice.

The 'Reasonable Suspicion' Test of Turkey's Post-Coup Emergency Rule under the ECHR

Since the 15 July 2016 failed coup, Turkey has seen the mass arrests and detention of hundreds of thousands of people; among them are judges and prosecutors, military personnel, police officers, journalists, lawyers, human rights defenders and opposition politicians that have been deprived of their liberty on an array of terrorism-related charges. While this has raised numerous human rights issues, this article focuses on those pertaining to pre-trial restrictions imposed on the right to liberty and security of individuals during the post-coup state of emergency. Building on the theory and use of the reasonableness concept in the field of pre-trial detention through a particular focus on the ‘reasonable suspicion’ test under Article 5 § 1 (c) of the European Convention on Human Rights (‘ECHR’ or ‘the Convention’), the article analyses the role of the European Court of Human Rights (‘the Court’ or ‘the ECtHR’) in enforcing the guarantees of the right to liberty in the Turkish post-coup cases of Mehmet Hasan Altan, Sahin Alpay, Alparslan Altan and Kavala. Against the background of pre-existing Convention standards on pre-trial reasonable suspicion in emergency settings, it finds that the ECtHR has adopted a stronger supervisory stance regarding the compatibility of Turkish post-coup detention practices than the more hesitant approach shown in the prior emergency context of Northern Ireland. While these decisions give some cause for optimism in the hope for a judicial boldness on the part of the ECtHR in condemning Turkey’s detention practices during the state of emergency, the article argues that there is further scope for the Court to strengthen its protection in this respect. Notably, despite the positive aspects in the Court’s approach, by continuing to support the notion that the Turkish legal landscape is capable of addressing Article 5 violations and not tackling the underlying structural issues so clearly at play, the Court leaves a glaring gap in rights protection for those seeking justice.

People with disabilities in the margins in Nigeria

ABSTRACT With the emergence of numerous human rights groups as well as legal instruments in the international arena, the rights and protection of people with disabilities are increasingly being guaranteed. However, in Nigeria, people with disabilities still live at the margins due to some cultural practices that continue to discriminate against them and undermine their rights and general wellbeing. The paper is an empirical study combined with some historical investigation of some of the extant literature to make a case that (a) there is connection between culture and the discrimination, neglect and abuse of person with disabilities; and, (b) that cultural practices undermine the rights and general wellbeing of persons living with disabilities in Nigeria.

Birth Registration in Crisis: Exploring a Rights-Based Approach to Birth Registration through the Experience of Syrian Refugees

Abstract The right to birth registration is protected under international human rights law. While this protection clearly confers an obligation on States to register births, it is less clear how this birth registration process should be carried out in order to ensure that individuals can realize numerous other human rights. For example, how should States register the births of children born to refugees or asylum seekers in order to give effect to the right to a nationality? The question is particularly relevant given the increasing number of people who are fleeing the many contemporary conflicts. The article investigates this question, along with the precise meaning and requirements of the right to birth registration under the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child. It argues that the birth registration frameworks established by States often fail to protect the human rights of the child. Using Syrian refugees in Lebanon as a case study, the conclusion reached is that there is an urgent need for States to adopt a rights-based approach to birth registration that reflects the relationship between birth registration and other human rights.

Zimbabwe’s Magaya Decision Revisited: Women’s Rights and Land Succession in the International Context

Discrimination against women is not compulsory in African society. (1) [W]hose customary law is this anyway? (2) INTRODUCTION When Shonhiwa Magaya died without legal will, local court in Zimbabwe designated his eldest child, Venia Magaya, heir to his estate. On appeal, Ms. Magaya's younger half-brother claimed heirship on grounds that according to African customary law, a lady ... cannot be appointed [as heir] to (her) father's estate when there is man in family who is entitled to claim it. (3) An appellate magistrate agreed and Ms. Magaya's heirship was reversed. (4) The newly appointed heir took his position as head of household, removed Ms. Magaya from her family home, and placed her in shack in neighbor's backyard. (5) Upon further appeal, Supreme Court of Zimbabwe upheld appellate decision, stating that, despite constitutional protections against discrimination, fact that this case arose under customary law exempted its discriminatory aspects from court scrutiny. (6) The court explained that constitution permits this type of discrimination against women as within the nature of African society. (7) Magaya v. Magaya, (8) now-infamous Zimbabwe customary law and intestate succession case, triggered significant domestic and international opposition. Critics alleged that decision was invalid under both Zimbabwean constitutional law and international law, violating issues of fairness, international norms and rights, and even customary law itself. (9) Questions surrounding outcome of Magaya still linger throughout southern Africa. On one hand, critics argue, legal and social norms require that female children and widows be given equal rights to property inheritance upon death of family member, particularly as economic and health crises have imposed disparate impact on resources of women throughout region. (10) On other hand, legal decisionmaking is delicate balancing process. Courts across southern Africa have upheld cultural rights embodied in national constitutions, (11) as well as in numerous international human rights instruments, (12) as basis for autonomy and development. With strong legal protections for cultural practices and application of customary law in Zimbabwe, one of most troubling critiques of this case is idea that this decision may have been only outcome court could have reached; that, even if court had incorporated human rights considerations, law in Zimbabwe so clearly sanctions gender-based discrimination that case could not have come out any other way. (13) Although this view is rather extreme, it demonstrates scope and importance of fundamental rights and freedoms at issue, and legal obstacles that these rights face under Zimbabwean law. With such critical protections at stake, Magaya has raised important question of whether fundamental tension exists between anti-discrimination rights, particularly on basis of gender, and right to cultural self-determination, including fight to application of customary law. While there has been extensive discussion about domestic legal grounds for Magaya's outcome, there has been little exploration of tension between gender and cultural rights in international context. (14) Magaya provides unique starting point for examination of rights-balancing questions throughout southern Africa because of court's particular focus on the nature of African society and privileging of cultural practices over individual rights. In contrast, Ms. Magaya argued that case struck at heart of her internationally recognized human rights, and that denying her heirship would run contrary to basic principles of gender equality and individual rights. (15) Although there is arguably some support for court's decision in Magaya, legal and policy implications within Zimbabwe, comparative constitutional considerations, and regional and international agreements seem to outweigh those arguments. …

Liable, but Not in Control? Ensuring Meaningful Human Agency in Automated Decision‐Making Systems

Automated decision making is becoming the norm across large parts of society, which raises interesting liability challenges when human control over technical systems becomes increasingly limited. This article defines “quasi‐automation” as inclusion of humans as a basic rubber‐stamping mechanism in an otherwise completely automated decision‐making system. Three cases of quasi‐automation are examined, where human agency in decision making is currently debatable: self‐driving cars, border searches based on passenger name records, and content moderation on social media. While there are specific regulatory mechanisms for purely automated decision making, these regulatory mechanisms do not apply if human beings are (rubber‐stamping) automated decisions. More broadly, most regulatory mechanisms follow a pattern of binary liability in attempting to regulate human or machine agency, rather than looking to regulate both. This results in regulatory gray areas where the regulatory mechanisms do not apply, harming human rights by preventing meaningful liability for socio‐technical decision making. The article concludes by proposing criteria to ensure meaningful agency when humans are included in automated decision‐making systems, and relates this to the ongoing debate on enabling human rights in Internet infrastructure.

Balochistan, Self-Determination, and U.S. Foreign Policy

In recent years, a more visible movement for self-determination in Balochistan has emerged. Balochistan, Pakistan’s largest province in terms of geographic size, is a province rich in natural resources. From 1948 to 1977, four different conflicts for Baloch independence were fought. Since the mid-2000s, an intermittent conflict between Baloch separatist groups and Pakistan has remained prevalent in Balochistan. Reportedly, numerous human rights abuses have occurred in Balochistan. This Article is intended to make a unique contribution to the international law literature by comprehensively examining the question of self-determination for Balochistan.

Developing Physician Educational Competencies for the Management of Female Genital Cutting: A Call to Action.

Female genital cutting (FGC), also called female genital mutilation, is defined as "all procedures involving partial or total removal of the external female genitalia or other injury to the female genital organs whether for cultural, religious, or other nontherapeutic reasons." FGC can have significant health consequences, including multiple physical and psychological complications, throughout the life course. Despite violating numerous human rights and existing legal prohibitions, the practice continues. In the United States, FGC is becoming increasingly prevalent, however, physicians are not routinely trained to care for these patients. Despite the evidence of the need, there is a woeful lack of training regarding FGC in undergraduate, graduate, and continuing medical education programs. Furthermore, many health care providers (HCPs) are unaware of their mandatory reporting obligations regarding FGC under current state laws. There are no established educational competencies or training guidelines for incorporating FGC into all levels of medical education. This article establishes the need to develop competencies and underscores that models exist for undertaking this work. It also aims to engender dialog about FGC education and calls for launching an initiative to develop educational competencies to train HCPs about FGC. By integrating comprehensive, evidence-based education and training at all levels of medical education, HCPs will be able to provide high-quality, team-based, culturally sensitive care to the hundreds of thousands of affected women and girls in the United States, and work to prevent the practice from being carried out on girls who are at risk but have not yet been cut.

Intellectual disability rights and inclusive citizenship in South Africa: What can a scoping review tell us?

BackgroundIntellectual disability (ID) is the most prevalent disability in the world. People with intellectual disability (PWID) frequently experience extreme violations of numerous human rights. Despite greater prevalence in South Africa than in high-income countries, most ID research currently comes from the Global North. This leaves us with few contextually sensitive studies to draw from to advance inclusive citizenship.ObjectivesOur scoping review aims to investigate pertinent ID rights issues in South Africa, synthesise quantitative and qualitative studies, and provide a synopsis of available evidence on which to base future work. We aim to clarify key concepts, address gaps in the literature and identify opportunities for further research.MethodWe followed strict eligibility criteria. Medical subject heading terms were entered into seven databases. Seven reviewers worked independently, two per paper. Quantitative and qualitative data extraction forms were designed. We followed Preferred Reporting Items for Systematic Review and Meta-Analysis (PRISMA) guidelines and registered a protocol. An inductive approach enabled a thematic analysis of selected studies.ResultsBy following PRISMA guidelines, 82 studies were assessed for eligibility of which 59 were included. Ten sub-themes were integrated into four main themes: the right not to be discriminated against, the right to psychological and bodily integrity, the right to accommodating services and challenges to rights implementation.ConclusionPeople with intellectual disability face compound difficulties when trying to assert their constitutionally entitled rights. This ongoing project requires serious commitment and action. Statutory obligations to nurture every South African’s human rights naturally extend to PWID and their supporters who forge ahead in a disabling environment.

Maternal mortality in Ethiopia: can a rights-based approach cure?

Preventable maternal death as a human rights concern is gaining greater momentum. This article examines the normative framework applying to maternal mortality, and highlights the important link that exists between women’s right to health and several other rights. It then discusses the differing, yet complementary, aspects of the nature of women’s right to health as a right relevant to shaping a human rights approach to maternal mortality, namely: achieving health-care services that are available, accessible, acceptable, and of high quality; engagement of civil society organisations in the promotion and protection of women’s health rights; and ensuring functioning accountability mechanisms. Even though the country recognises the right to health and other complementary rights in its current constitution, and also subscribes to numerous human rights instruments that incorporate the right to health, which equally apply to women, the article finds that there is a selective approach to women’s access to health goods and services; the room for mobilising civil society is restrictive; and an inefficient accountability system exits. Relying on the requirements of human rights norms and standards, the article argues for the potential role of operationalisation of the rights-based model to further reducing or eliminating maternal mortality in the Sustainable Development Goals period. Key words: human rights, maternal health, maternal mortality, rights-based approach to health

Life after Menarini: The Conformity of the Hungarian Competition Law Enforcement System with Human Rights Principles

The corporate human rights development was fueled by the increasing amount of fines imposed on both European and national level. For many years, the jurisprudence of the ECtHR has classified administrative, including competition law enforcement as a quasi-criminal process during which human rights shall be respected to a certain extent. This paper strives to explain the evolution of competition law enforcement in Hungary, with procedural safeguards protecting undertakings having come close to the level of protection provided under criminal law. Of the numerous human rights relevant in competition law enforcement the paper will focus on institutional check-and-balances, and the appropriate level of judicial review. The thoroughness of the judicial review of administrative decisions resulting in fines is critical to the analysis of whether the traditional continental European structure of administrative law enforcement is in conformity with the principles of the ECHR. The narrow interpretation of the prohibition of judicial re-evaluation and judicial deference to competition authorities exhibiting significant expert knowledge is of central importance in this debate.

An Indonesian Democracy: limits of a majoritarian democracy

<p style="text-align: justify;">Indonesia has continuously been praised as a successful post-authoritarian country transitioning to democracy. However, seeing the numerous human rights violations in the past decade alone especially towards alternative political, religious and sexual identities, the success of democracy in Indonesia has been put under the spotlight. This raises the question of the development of democracy and the use of democracy in Indonesia in practicing and upholding principles of social equality for all. In this article I wish to provide an overview of majoritarian democracy, a form of democracy that is understood and practiced in Indonesia. A form of democracy that rather than upholding values that safeguards individual rights and diversity, may in fact undermine religious and cultural diversity, enforcing a homogenized national culture and values, which in return may engender human rights violations in the name of national security that it in itself is defined by the majority.</p>