Range Of Human Rights Violations Research Articles

Israeli Physical Persecution in Occupied Jerusalem

Israeli authorities have committed a wide range of human rights violations, including direct violence, land annexation and settlement building, home eviction and arbitrary arrest and detention. Such practices have been carried out with political cover from the Israeli government. In addition to the direct confiscation of Palestinian homes and other property, Israeli authorities and organizations such as settlement associations frequently use subterfuge or bribes to transfer ownership to Jewish residents and interests. Through historical review and analysis, this paper documents the most common types of direct and structural violence practiced by Israel, along with their effect on Palestinians, and highlights the roles of the various players in Israeli society.

Protection of Refugees, Returnees, Migrants, and Internally Displaced Persons Against Racism, Xenophobia, and Discriminatory Practices

Given the rise of nativism, populism, and authoritarianism in the world, there is a need to examine the situation of foreigners and persons perceived to foreigners, including refugees and IDPs. There are currently three scenarios faced by refugees and IDPs: protracted camps/warehousing, urbanization, and detention. This article will outline the range of human rights violations and accountability gaps in each of the three scenarios faced by refugees, arguing that these are examples of structural xenophobia. It will discuss normative gaps within international law and analyze the role of compliance mechanisms in the UN Human Rights Treaty Body Regime and regional human rights bodies. The article underscores the risk of inaction by the international community in the face of discrimination against refugees, using the case study of Norway. The conclusion will suggest a way forward by supporting the proposal for a new Protocol to the UN Convention on the Elimination of Racial Discrimination addressing xenophobia.

The Law and Economics of Tort Liability for Human Rights Violations in Global Supply Chains

AbstractThe human rights of foreign workers in global supply chains are routinely violated, yet the problem so far has largely evaded a legal solution. Economic analysis shows why domestic tort liability can partially address this problem. Many consumers in developed countries have a lower willingness-to-pay for products produced by global supply chains that systemically subject foreign workers to egregiously dangerous working conditions in gross violation of their human rights. This attribute of consumer demand provides a basis for subjecting the domestic chain leader to domestic tort liability for the bodily injuries suffered by these foreign workers, including those employed by independent suppliers. Chain leaders, like other product sellers, are obligated to warn about foreseeable safety risks that are not known by consumers and would be material to their decision about whether to purchase or use a product. The tort duty also requires sellers to instruct consumers about the ways in which the purchase or use of the product might foreseeably harm third parties. A domestic seller that is the chain leader of a global supply chain would breach this duty by not warning domestic consumers that the product is produced by foreign workers who are systemically subjected to working conditions that are so unsafe as to amount to a gross violation of their human rights. Because the purchase of the product foreseeably exposes foreign workers to this ongoing risk of physical harm, they are protected by the tort duty and can recover for its breach. Causation can be established by the logic of the breached tort duty. If consumers had been warned that the product is produced in such a systemically unsafe work environment, a substantial number of them would not have purchased it – they would instead have purchased the same product at the higher price necessary to protect the foreign workers from these ongoing safety violations. By distorting consumer demand in this manner, the domestic product seller’s failure to warn domestic consumers of these human rights violations in the global supply chain proximately caused injury to these foreign workers, entitling them to compensation. By remedying these human rights violations, domestic chain leaders would satisfy the reasonable expectations of domestic consumers who have altruistic preferences to rescue foreign workers from extreme dangers within the production process. Tort law cannot redress the full range of human rights violations in global supply chains, but consumer demand provides a sound basis for tort liability that addresses a limited, though important component of the problem.

Da necessidade de modernização da política internacional antidrogas como forma de efetivação dos direitos humanos

Ao redor do mundo, governos começaram a questionar abertamente a eficácia das políticas repressivas de combate às drogas, o que torna oportuna a propositura, nesse momento, de medidas intermediárias entre o proibicionismo e a legalização, com forte influência das estratégias de redução de danos que procurem minimizar o alcance da esfera repressiva, na linha do direito penal mínimo. Ademais, o proibicionismo como política internacional de drogas é responsável por uma gama de violações de direitos humanos ao redor do mundo, o que torna esse diálogo urgente e necessário. O artigo analisa as mudanças do modelo atual de combate às drogas – de viés proibicionista –, a partir de novas experiências internacionais e da última Sessão Especial da Assembleia Geral da ONU (UNGASS), diante da ineficácia de políticas repressivas que geraram violência, encarceramento e violações de direitos. Com base na análise dos efeitos da implementação do Regime Internacional de Controle de Drogas e de elementos críticos em relação a violações de direitos humanos no Brasil e no Mundo, são apontados os desafios para próximas décadas como: a necessidade de implementação de políticas públicas que priorizem os grupos mais vulneráveis, a estruturação de programas de prevenção e redução de danos, a adoção de penas alternativas e a criação de critérios objetivos para diferenciar o uso e o tráfico de drogas, tudo isso de forma sustentável, respeitando as diversidades regionais e combatendo a pobreza e o cerceamento de direitos.

Legal issues on human rights violations in hospitals

최근 폭언ㆍ폭행ㆍ성희롱ㆍ성폭력 등 인권을 침해하는 일체의 행위를 포함한 병원내 인권침해사례에 대한 문제와 특히 시간외근무에 대한 보상과 교육, 회의, 각종 병원 행사 참가에 따른 보상이 제대로 이뤄지지 않고 있는 등 병원의 노동현실은 매우 심각한 것으로 나타나고 있다. 본 연구에서는 사실상 인권침해라는 개념은 추상적이고 굉장히 포괄적이기 때문에 해석의 기준의 관점에서 병원내 인권침해 사례들에 대한 구체적인 범위를 정하는 것은 매우 힘들지만 일반적으로 구체적인 사례에서 법률의 보호범위 내에서 인정되고 있고 문제가 되고 있는 유형들을 나누어 주요 사례들을 중심으로 법적 한계들을 고찰하고 있다. 다음에서는 병원내 인권침해 사례에 대한 법적 문제들을 근로환경에 따른 성희롱 등 인권침해, 근로기준법 위반에 따른 인권침해, 모성보호와 관련한 인권침해에 대한 주요 사례들을 중심으로 법적 한계를 살펴보기로 한다(II). 아울러 국가가 인권을 보호하고 증진하는 일차적인 의무를 가지지만, 기업도 사회조직의 일원으로서 모든 사람의 인권을 보호, 존중, 증진하지 않으면 안 된다. 이에 따라 사용자의 조직의무강화 등 병원내 근무환경에 따른 인권침해유형에 따른 예방개선방안을 제시하고, 아울러 근로기준법을 위반한 것은 아니지만 병원의 긴축재정을 통해 노동조건의 악화와 조직의무위반으로 병원내 의료진의 근무환경을 한계상황을 몰아가는 구조적인 문제들도 포함시켜 검토하고 있다(III). 마지막으로 이러한 인권침해의 사례는 일차적으로 병원개설자의 책임을 강조하고 비용절감을 이유로 열악한 의료환경속에 자살 등의 한계상황들이 사실은 구조적인 문제에 있다는 점을 강조하고 있다(IV).In recent years, there has been a problem of human rights violations in the hospitals, including all kinds of acts that violate human rights such as abuse, assault, sexual harassment, sexual violence, and especially compensation for overtime work, compensation for participation in education, The reality of the labor in hospitals is becoming very serious. In fact, the concept of human rights violation is abstract and very comprehensive, so it is very difficult to establish a specific range of human rights violations in the hospital from the standpoint of interpretation standards, but generally it is recognized within the scope of protection of laws in specific cases. The aim of the study was to divide the problematic types and examine legal limitations based on major cases. In the following, this research was analysed at the legal limitations of human rights violations in hospitals(II). In addition, although the state has a primary duty to protect and promote human rights, the hospital organizer must protect, respect, and promote the human rights of all as members of a social organization. As a result, this proposes measures to improve prevention according to the type of human rights violation according to the work environment in the hospital, such as strengthening the duty of the user, and also not violating the Labor Standards Act(III). Finally, it is suggested that the case of human rights violation emphasizes the responsibility of the hospital organizer primarily, and points out that it is a structural problem exposing limitations such as suicide of hospital worker in the poor medical environment due to cost reduction(IV).

The Rohingya of Myanmar: theoretical significance of the minority status

ABSTRACTThe Rohingya of Myanmar have been experiencing a range of human rights violations including state-sponsored genocide and ethnic cleansing. Many argue that the genesis of the crisis lies in the denial of their legal status and granting citizenship would offer a solution. This article argues that apart from such legal dynamics, significant theoretical aspects of this crisis require analysis. From a theoretical perspective, the Rohingya’s identity as a minority is important as it leads to their persecution. This article demonstrates that their minority identity has been (re)constructed over time. Four factors such as (i) development of Burmese nationalism; (ii) politicisation of identity for Burmese majority; (iii) taking away of the citizenship of Rohingya; and (iv) ethnic divisions in Myanmar society have played significant roles in (re)constructing their identity as a minority. They give rise to a type of citizenship in Myanmar, which fails to include the religious minority within its ambit.

State-backed discrimination against Shia Muslims in Malaysia

ABSTRACTThis article traces the origins of legalized discrimination, religious hatred, and systematic marginalization of a community of Malaysian Muslims – the Shias – perpetuated in the name of Islam. It demonstrates how a central government-derived fatwa (religious legal opinion) banning Shi’ism and the propagation of Shia teachings in the country since 1996 has been used to justify a range of human rights violations, not limited to the religious freedom of this minority group. Apart from Syariah legislation, the state has utilized this fatwa alongside other tools, including the religious bureaucracy and the media, to persecute Shia in Malaysia. Anti-Shia efforts are also supported and propagated by non-state Islamists who often work hand-in-hand with state actors.

Business and Human Rights: The Challenge of Putting Principles into Practice and Regulating Global Supply Chains

This article examines a company’s responsibility to respect human rights, focusing in particular on corporate global supply chains. While global supply chains have long been associated with a range of human rights violations, a number of recent legislative initiatives both in Australia and elsewhere are applying traditional corporate concepts - such as due diligence and reporting - in a human rights framework, to ensure companies respect human rights wherever they operate.

Business and human rights: The challenge of putting principles into practice and regulating global supply chains

This article examines a company’s responsibility to respect human rights, focusing in particular on corporate global supply chains. While global supply chains have long been associated with a range of human rights violations, a number of recent legislative initiatives both in Australia and elsewhere are applying traditional corporate concepts – such as due diligence and reporting – in a human rights framework, to ensure companies respect human rights wherever they operate.

Skewed Sex Ratio in Asia: Consequences and Concerns

Worsening sex ratios is bound to have a devastating effect on the human civilization. It encompasses a wide range of human rights violations, including sexual abuse of children, rape, domestic violence, sexual assault and harassment, trafficking of women and girls and several harmful traditional practices. The crime rate has almost doubled in China during the past 20 years of rising sex ratios, with stories abounding of bride abduction, the trafficking of women, rape and prostitution. A study into whether these things were connected concluded that they were, and that higher sex ratios accounted for about one-seventh of the rise in crime. In India, too, there is a correlation between provincial crime rates and sex ratios. There have been reports from the northwest, where the sex-ratio imbalance is worse, of rape and sex crime on the rise. Decades of unchecked sex-selective abortions have made the once fertile States of Punjab and Haryana suffer a drought of brides, making human-trafficking a lucrative and expanding trade. Author in this article explains the consequences and concerns of skewed sex ratio and tries to explore the correlations between skewed sex ratio & reported crimes against women across Asia.

Disability, torture and ill-treatment: taking stock and ending abuses

This paper sets out how torture prevention mechanisms have focused on prisons and police stations to the detriment of people in psychiatric and social care institutions, leaving people with disabilities exposed to torture and ill-treatment carried out with impunity. The UN Convention on the Rights of Persons with Disabilities (CRPD) sets out human rights norms for people with disabilities and provides a timely opportunity for monitoring bodies to review their standards and practices. The CRPD calls for an end to disability-based detention, it establishes a state obligation to provide a range of community-based services instead of segregating people in institutions, and it clarifies that ever person with a disability has legal capacity on an equal basis with others in all areas of life, and that they should have access to support to exercise it. In introducing the five substantive articles in this special edition, this introductory paper contends that segregation and suffering of people with disabilities will continue as long as monitoring bodies ignore disability-specific detention facilities. The paper recommends torture prevention bodies to recognise the range of human rights violations affecting people with disabilities deprived of their liberty, visit disability-specific places of detention, apply CRPD standards in their work, and embrace monitors with disabilities as a core part of their practice.

Human rights violations among sexual and gender minorities in Kathmandu, Nepal: a qualitative investigation

BackgroundNepal has experienced sporadic reports of human rights violations among sexual and gender minorities. Our objective was to identify a range of human rights that are enshrined in international law and/or are commonly reported by sexual and gender minority participants in Kathmandu, to be nonprotected or violated.MethodsIn September 2009 three focus group discussions were conducted by trained interviewers among a convenience sample of sexual and gender minority participants in Kathmandu Nepal. The modified Delphi technique was utilized to elicit and rank participant-generated definitions of human rights and their subsequent violations. Data was analyzed independently and cross checked by another investigator.ResultsParticipants (n = 29) reported experiencing a range of human rights violations at home, work, educational, health care settings and in public places. Lack of adequate legal protection, physical and mental abuse and torture were commonly reported. Access to adequate legal protection and improvements in the family and healthcare environment were ranked as the most important priority areas.ConclusionsSexual and gender minorities in Nepal experienced a range of human rights violations. Future efforts should enroll a larger and more systematic sample of participants to determine frequency, timing, and/or intensity of exposure to rights violations, and estimate the population-based impact of these rights violations on specific health outcomes

Recalibrating the Regime: The Need for a Human Rights Based Approach to International Drug Policy

Historically, policies aimed at prohibiting and punishing the use of certain drugs have driven the international approach to drug control and dominate the approach of most countries, guided as they are by the three UN drug control conventions and the dominant policy directions emanating from the associated international bodies. Such an approach is usually defended with moralistic portrayals that demonise and dehumanise people who use drugs as representing a ‘social evil’ menacing the health and values of the public and state. Portrayed as less than human, people who use drugs are often excluded from the sphere of human rights concern. These policies, and the accompanying enforcement practices, entrench and exacerbate systemic discrimination against people who use drugs and result in widespread, varied and serious human rights violations. As a result, in high-income and low-income countries across all regions of the world, people who use illegal drugs are often among the most marginalised and stigmatised sectors of society. They are a group that is vulnerable to a wide array of human rights violations, including abusive law enforcement practices, mass incarceration, extrajudicial executions, denial of health services, and, in some countries, execution under legislation that fails to meet international human rights standards. At the level of the United Nations, resolving this situation through established mechanisms is complicated by the inherent contradictions faced by the UN on the question of drugs. On the one hand, the UN is tasked by the international community with promoting and expanding global human rights protections, a core purpose of the organisation since its inception. On the other, it is also the body responsible for promoting and expanding the international drug control regime, the very system that has led to the denial of human rights to people who use drugs. All too often, experience has shown that where these regimes come into conflict, drug prohibition and punishment has been allowed to trump human rights, or at least take human rights off the agenda. The UN system needs to ensure coherence in its policy and programmatic approaches, a coherence that reflects the primacy and centrality of human rights to the rest of its work. In three parts, this report: presents a critical analysis of the UN systems of drug control and human rights, and their relative relationship within overall UN governance, and outlines the basis for the primacy of human rights; highlights the multiple ways in which the enforcement of drug prohibition, the dominant approach of the UN drug control system, leads to a wide and varied range of human rights violations; and sets out recommendations aimed at ‘recalibrating the regime’ to prevent the ongoing subversion of human rights protection in the name of drug control.

Social factors and forensic psychiatry in India

Forensic psychiatry is a psychiatric specialty yet to be recognized in many countries. This review evaluates the current status and practice of forensic psychiatry in India and the impact of social factors as they relate to this area. It evaluates existing mental health legislation, civil and criminal laws, the standing of teaching and training of concerned professionals and emphasizes the scarcity of care provisions for mentally ill prisoners. Mental health services in India have shown a tremendous improvement, especially during the last two decades. However there are some isolated reports of people with mental health disorders having been exposed to a wide range of human rights violations. Several reports identified gross inadequacies in the current mental health legislation and judicial apathy. Forensic psychiatry in India at the dawn of the 21st century is practised in an environment of a bewildering mosaic of scarce resources, conflicting interests and apparent apathy of government, policy makers and legislators. Human rights and privileges to live with dignity of mentally ill prisoners have not been given adequate attention until now. This study also identifies pertinent issues for the future development of forensic psychiatry in India.

HIV, disability and discrimination: making the links in international and domestic human rights law

Stigma and discrimination constitute one of the greatest barriers to dealing effectively with the HIV epidemic, underlying a range of human rights violations and hindering access to prevention, care, treatment and support. There is some existing protection against HIV-based discrimination under international law, but the extent of states' obligations to address such discrimination has not been comprehensively addressed in an international instrument.The United Nations Convention on the Rights of Persons with Disabilities entered into force in May 2008. As countries ratify the convention, they are required to amend national laws and policies to give greater protection to the human rights of people with disabilities, including abolishing disability-based discrimination by the state and protecting persons against such discrimination by others. The Disability Convention addresses many of the issues faced by people living with HIV (PLHIV) but does not explicitly include HIV or AIDS within its open-ended definition of "disability".Therefore, the advent of the Disability Convention prompts us to consider the links between HIV and disability and, specifically, to consider the opportunities it and other legal mechanisms, international or domestic, may afford for advancing the human rights of PLHIV facing human rights infringements. We do so in the belief that the movement for human rights is stronger when constituencies with so many common and overlapping interests are united, and that respectful and strategic collaboration ultimately strengthens both the disability rights and the AIDS movements.In this article, we first examine the links between HIV and disability. We then provide a brief overview of how international human rights law has treated both disability and HIV/AIDS. We note some of the different ways in which national anti-discrimination laws have reflected the links between HIV and disability, illustrated with representative examples from a number of countries. Finally, we offer some conclusions and recommendations about ways forward for collaboration between HIV and disability rights advocates in advancing human rights at the international level, including the use of the new tool that is the Disability Convention. We hope these reflections will promote further discussion across movements, ultimately to the benefit of all persons with disabilities and/or HIV.

Book of the Month: The Medical Profession and Human Rights

Book of the Month: The Medical Profession and Human Rights

Health and foreign policy: an American view.

Health and humanitarian complications of conflicts and disasters are, increasingly, the bases for international intervention. Concerns about widespread starvation, the spread of epidemic diseases, and a whole range of human-rights violations are now central factors in foreign affairs. Emphasising health issues can offer an innovative approach to the resolution of apparently intractable problems. Identifying the common concerns, of even the most bitter enemies, can provide an initial basis for dialogue and lead to diplomatic initiatives. Further, the methodology of public health and the metaphors of medicine provide a needed structure for a new era in post-Cold-War international relations; this would include an emphasis on preventive diplomacy that, the author argues, is as essential for the United States as it is for the United Nations.

An Analysis of the Current Revolt

The current uprising in the occupied territories is the result of the coincidence of a number of factors, primary among them the cumulative effects of the occupation. We are now in the twenty-first year of this occupation which has been characterized by a range of human rights violations: deportations, administrative detentions, town restrictions, lack of freedom of expression, censorship of the press, not to mention land confiscation, high taxation, imprisonment, and various forms of humiliation. It is the assertive, confident generation of 1967 that has just come of age that is rebelling. It fears neither the Israeli occupation nor the fact that live ammunition is being used. And each time the Israelis arrest some of the leaders, twice the number arrested steps in to assume leadership roles. This generation believes strongly in a secular state and a secular ideology, although the voice of the fundamentalists is present. And although the uprising is primarily the product of work begun by the younger generation, it is clear today that young and old of all factions have joined in. Prior to the uprising it seemed that Israel, the Arab countries, and the international community had succeeded in shelving the Palestinian issue for probably two or three years. There was no movement; the Palestinian issue appeared to be in suspended animation. Now the situation is different. We