Human Rights Research Research Articles

APA adopts resolution prioritizing human rights and related initiatives

The American Psychological Association (APA) on March 8 announced it has adopted a resolution pledging to integrate its long‐standing concerns for human rights and related initiatives into a framework that will underpin its decision‐making. “APA prioritizes human rights advocacy and the development of a consistent process to inform public policy and legal decision‐making for the protection of human rights,” the resolution says, in part. “[B]y adopting a human rights framework, APA will integrate its longstanding concerns for human welfare, public interest, and social justice within a broader international consensus‐building process, which will provide clearer guidance and structure for organizational decision‐making, including accountability, on issues related to societal good.” The measure was overwhelmingly adopted by the APA's governing Council of Representatives at its meeting Feb. 27, according to an APA news release. “Through this resolution, the association encourages further growth and development of human rights research in psychology, as well as the integration of human rights knowledge into the education and training of psychologists,” said APA President Jennifer F. Kelly, Ph.D. “We encourage psychologists to advocate for people at risk of human rights violations both domestically and globally.”

La caravana migrante centroamericana: pobreza, violencia y miedo bajo el prisma de los derechos humanos

En este artículo, indagaremos algunas de las aristas que provocan el fenómeno migratorio de las caravanas migrantes centroamericanas. Iniciaremos con el tema de la pobreza entendida como incertidumbre económica radical, enseguida nos ocuparemos de la violencia y el miedo como factores determinables para impulsar la migración. Con el apoyo de una metodología reflexiva en donde se toma en cuenta la investigación en Derechos Humanos, articularemos un análisis sobre los vértices que conectan estas dos dimensiones para luego examinar las posibles contradicciones que encierran las caras del mundo fenoménico y el jurídico. Concluiremos con una puesta en perspectiva del debate existente sobre la ponderación de derechos, vinculado a temáticas de migración y derechos humanos.

Deogratias, Benedicta: Trapped in a Religious Marriage. A human rights perspective on the phenomenon of marital captivity. – Cambridge: Intersentia 2020. XI, 393 pp. (Human Rights Research ...

Deogratias, Benedicta: Trapped in a Religious Marriage. A human rights perspective on the phenomenon of marital captivity., 10.1628/rabelsz-2021-0033, Jahrgang 85 (2021) / Heft 3, 0033-7250 (1868-7059), The Rabel Journal of Comparative and International Private Law

Limits of permissible intervention in biomedical studies of somatic human rights

The article examines the features of the essence and content of the constitutional principles of human rights as a basis for legalregulation of biomedical research of somatic human rights. The author reveals the essence and content of international and nationallegal principles of human biomedical research. It was found that there are currently no standards of legal regulation of human rightsprotection during biomedical research at the national level and at the level of international acts in this field. It is pointed out that theissue of human and civil rights and freedoms in the conditions of formation and development of civil society in democratic states occupiesa central place. It is established that the effective provision of constitutional rights and freedoms of man and citizen is associatedwith the need for restrictions in their implementation. It is determined that it is of fundamental importance that the attitude to law, tohuman rights and freedoms for the Ukrainian legal consciousness is impossible only through the awareness of a certain moral ideal asa goal in one’s own life. Therefore, any legal problem for the Ukrainian mentality is inextricably linked with the values of goodnessand justice, truth and humanity.It is noted that the approaches to the definition of “freedom” have both common and different features or certain clarificationsregarding certain manifestations. Without resorting to controversy about the truth or falsity of each of them, by generalizing their content,we can conclude that freedom, on the one hand, is an action according to their own desires, on the other - an action against them.The limits of permissible intervention in conducting biomedical research with human participation have been studied, as well asthe ethical examination of biomedical research as a way to protect human rights has been determined.

REFORMASI HUKUM ISLAM DAN HAK ASASI MANUSIA PERSPEKTIF ABDULLAH AHMAD AN- NA’IM

This article explores the thoughts of Abdullah Ahmad An-Na'im regarding Islamic law and human rights enforcement. How does Islam answer contemporary problems, especially in the field of human rights. The main topic in the study conducted by Abdullah Ahmad An-Na'im was more based on the need to balance rights the rights of Muslims and non-Muslims as well as upholding the principle of equality, without gender discrimination, and in accordance with the concept of universalism contained in Islamic teachings which basically shows great concern for the main elements of humanity (al-insaniyyah). This research uses the library research method by examining various reference sources related to the human rights research model. Based on the results of research from various kinds of literature, it is explained that Abdullah Ahmad An-Na'im is one of the many Islamic figures and intellectuals who have sprung up bringing various new ideas and thoughts related to the re-actualization of Islamic law in the packaging of the modern syari'ah concept. This modern syari'ah concept says that when the historical shari'ah is confronted with modern public law, it will be found that in fact modern public law is more humanist and universal and is closely related to efforts to uphold human rights (human rights).

Introducing a Human Rights-based Disability Research Methodology

Abstract Research has the potential to be a powerful tool for the realisation of the rights of disabled people. However, antiquated research practices continue to marginalise disabled people by excluding them from research; inadequately remunerating them for participation in research; undertaking research that assumes difference; and not including their voice in the leadership design or implementation of research. This article builds on emancipatory, participatory and inclusive research methodologies to introduce a new human rights-based disability research methodology that presents a roadmap to overcome these problems and transform research into a means of rights realisation. It presents a protocol for the methodology that was created by the international Disability Human Rights Research Network. Finally, it explores many challenges that researchers may face when endeavouring to implement the methodology.

Perancangan Validasi Permohonan Narasumber Pada Sistem Informasi Permohonan Narasumber Menggunakan Finite State Automata

The Law and Human Rights Research and Development Agency in carrying out its duties and functions provides services in the form of Providing Resource persons. Managing mail manually requires a long time and allows for document loss. This study aims to reduce the use of time, help minimize the loss of letters, and reduce errors in recording letters by storing them in a database in accordance with the specified format. In the design of the system will check the applicant's input and validate before the data is stored in the database using Finite State Automata (FSA) so that the data stored in accordance with the format specified. The implementation of this research is expected to be able to help the Law and Human Rights Research and Development Agency to reduce the use of time, help minimize the loss of letters, and reduce errors in recording letters in accordance with the specified format.

Educação em direitos humanos no Brasil e em Portugal

Estudo histórico-crítico sobre a relação entre Direito, Educação e Política, desenvolvido a partir de fontes teóricas do Brasil e de Portugal sobre o tema da Educação em Direitos Humanos (EDH). Investiga as origens econômicas, políticas e sociais identitárias dos Estados brasileiro e português, a partir da intrínseca relação existente entre o processo de colonização e a contraditória transformação das sociedades nos respectivos períodos de redemocratização, alcançados no final do século XX. Apresenta a luta pelos Direitos Humanos, no Brasil e em Portugal, através de mediações institucionais e acadêmicas. Destaca a pesquisa em Direitos Humanos como promissora prática social nos dois países.

HUMAN RIGHTS OF THE FOURTH GENERATION IN A SINGLE EDUCATIONAL AREA

The relevance of the issue under study is determined by human rights appearance at the end of the XX the beginning of the XXI centuries that cannot be attributed to any of the three generations of human rights known to scholars; the doctrinal grounds of the necessity to unite them within the fourth generation of human rights; the lack of a universally recognized understanding of human rights of the fourth generation, and the ambiguous practice of their recognition and implementation on both the domestic and international levels.
 The purpose of the article is to develop the authors’ model of understanding the concept and classification of human rights of the fourth generation and to make suggestions aimed at getting more acquainted with them representatives of different peoples, to recognize them as quickly as possible and to ensure the most effective application in real life. The key method applied in the fourth generation of human rights research is generalization of the existing concepts of their interpretation within national law of different states, within international law, in the European Court of Human Rights practice, and in the doctrinal views of scientists. This title can be extended to rights not belonging to the first, the second and the third generations of human rights that have arisen at the end of the XX the beginning of the XXI centuries, as well as to human rights that will be revealed and interpreted in the future. As the fourth generation of human rights is in the process of its settling, the approaches to the classification of human rights based on exhaustive lists cannot fully reflect its real state. The content of this article may be of use to scholars studying human rights of the fourth generation, to lecturers teaching subjects dedicated to human rights, to students studying human rights, and to representatives of states and international organizations. involved in the development, recognition and practical implementation of human rights issues.

Impact of Development on Democracy and Human Rights in Iraq

There is no doubt that research in development, democracy and human rights are important topics at present, and the researcher can not ignore any of the titles mentioned, because they are interrelated with each other, Democracy as a principle is based on the idea of human rights. As rights grow under democracy, their role in sustainable development, Democracy is a state of great human consciousness that contributes to the development of human society, and it is an experience of making peoples and nations of the world Democracy is not limited to a particular people or nation, but values, culture, practices and new institutions on us, need details and disclosures coupled with openness It is based on freedom of opinion and opinion, free from oppression, arbitrariness and intellectual terrorism,It must be civil and peaceful and is a welcome area to express opinion and trade-offs between good and then resort to the people, which is not restraining orders and dictatorship arbitrariness and superiority at the expense of the principles and values and the rights of people in civil society

The spatial aspect of human rights: a framework for the structural and spatial analysis of human rights practice

ABSTRACT Space is a contingent matter in the application, monitoring, and overall experience of human rights. Political ecology, sociology, and, most recently, geography have addressed the dialectical space-human rights through environmental or urban justice struggles. In this paper, I introduce a framework that articulates the analysis of space and human rights. The framework features three functional facets of spatial structures and discusses how they intervene with the experience of rights. The purpose of this article is to introduce a novel theoretical framework that makes space a level for human rights research. This discussion fills a gap in the current human rights literature, supports the further integration of environmental variables and non-human entities in the human rights system, and defends the validity of non-traditional approaches for the development of the human rights project.

Digital Dead Body Management (DDBM): Time to Think it Through

AbstractEffective, safe and dignified dead body management (DBM) in the context of disasters, atrocities and wars has long been an important task—primarily for the humanitarian sector, but also for the human rights and international criminal justice community. How will the digitization of the human rights field and the adjacent spheres of humanitarian action and international criminal justice reshape ideas about death and the practices of care and control of the dead in the international space? To approach that question, the article coins the term ‘digital dead body management’ (DDBM) and offers an initial framing of this concept and some tentative pointers for a human rights research agenda. It focuses on the concept of ‘digital bodies’. Noting that the management of digital identities after death is becoming a significant governance challenge for the global technology sector, with thousands of ghost-accounts appearing every day, the article discusses the structural difference between how ‘digital deaths’ are dealt with in emergencies and in the marketplace, with a focus on DDBM as a problem of global equality. The article contributes to the critical conceptualization of DDBM by mapping a set of the tensions existing between the norms, objectives and operational approaches of humanitarian, human rights and international criminal justice practices and reflecting on where normative perils might arise in the context of digitization.

Promoting the rights of migrant children in the educational institutions on the colombian-venezuelan border.

This article arises before the panorama of the political, economic and social crisis that the neighboring country of Venezuela has suffered in recent years, which has caused a large number of the Venezuelan population to migrate to different countries in search of better life conditions. Among them are boys and girls, who, faced with the need to continue their educational process, have begun their studies in various public schools in the city of San José de Cúcuta. This new phenomenon has caused a change in school environments, with different consequences, including the ever-increasing risk of problems of discrimination and xenophobia, where Venezuelan boys and girls may be exposed to abuse due to their socio-economic condition and their age. Based on this situation, the Human Rights Research Seedbed –SEMDHUM-, attached to the Law program of the Francisco de Paula Santander University, proposed an extension project that developed a culture of peace and coexistence, based on the investigation of the International and national normative framework regarding the right to education and equality of migrant children, educational pedagogical spaces were also generated in public primary educational institutions in the city of San José de Cúcuta, in order to raise awareness and train on the rights of migrant children in school and thus appropriate children in human rights, equality and non-discrimination. To carry out this project, the qualitative methodology and the pedagogical play method were applied, through activities and games, where the child learns and demonstrates their different perspectives and knowledge, improving the student and cultural environment.

Introductory Remarks: Overview of General Research Trends and Topical Focus for 2020: Researching Human Rights and Artificial Intelligence

There are many current threads in human rights research today; some are extensions of more traditional concerns, and others call upon the application of human rights law as a part of international law that is evoked by recent and changing realities. There is, first, a historical turn in international law that is relevant to human rights even though it is more traditional for legal scholarship to look at such sources. Recently, Third World Approaches to International Law (TWAIL) and discoveries about the role of the women's peace movement (as women endured and challenged the mixed messages about their roles at the time of the founding of the League of Nations) are new perspectives in that they were previously set aside, as were indigenous people's perspectives. Historian Reza Afshari and others have spoken to the focus on structural transformation and lived realities as a more political methodology for human rights, going beyond discourse and its possible Western biases. Third, environmental research has emerged in a new way, using empirical data and big data to track the impact on health and human rights; included here may be the current situation of the COVID-19 pandemic. There are also new developments in the law of war, such as drone strikes, which take us toward automated war. The automation of human functions and judgments takes us, finally, to this panel's focus on human rights research: artificial intelligence, or AI. There may arise a theory of agency implicating those who create or operate AI outside a war context, or even within it as alleged war crimes.

CHILD'S HEALTH CARE: LEGAL FRAMEWORK AND ONGOING CHALLENGES

The aim: Is to analyze the development of the modern legal framework for child's health care, to clarify the benefits of a human rights-based approach, which is now is mainstreaming for understanding the right of children to health and means of its protection. Materials and methods: To achieve this goal, as well as taking into account the specifics of the topic, the following research methods became relevant: the application of a dialectical approach and historical method made it possible to understand the patterns of formation and development of ideas of children's rights and health within the international community and national states; formal-legal method was used when studying legal texts (international law acts, both of universal and regional level, interpretation and clarification of human rights treaty bodies, expert reports and research, case law), and comparative-legal was used to compare different approaches on health protection in various international human rights mechanisms (US Supreme Court, Council of Europe). Conclusions: Today, perceptions of children's rights at the doctrinal and jurisprudential levels are quite developed due to a broad understanding and openness to progressive interpretation. In particular, the inclusion into the legal context such determinants as the inviolability of the dignity and private life of the child, proper understanding of the stages of adulthood, and an assessment of the child's developmental environment has made modern international law and national legal systems to become more viable in sense of protection of child's well-being in today's world.

Knowledge Production Methods in Human Rights Research: Constraints and Opportunities for the Promotion of an Interdisciplinary Approach

This article asks about the current modes of production in human rights research and how they are (or may be) determined by the structures where that knowledge is generated. These questions will be answered by looking at the results of a preliminary study on the reception and subsequent institutionalisation of studies on human rights in stable structures that are dedicated to their research, training and dissemination in Spanish universities. The starting hypothesis is that this institutionalisation causes conceptual, epistemological and methodological biases in the rationales for knowledge construction in the field of human rights that determine and hinder the interdisciplinary approach demanded by its study. Interdisciplinarity has become a dominant aspect of human rights research. The question about how this feature is articulated and who articulates it in the academic institutional framework is pertinent in a field of knowledge that cannot avoid asymmetries in the production and circulation of knowledge. The results show that human rights research has been mainly institutionalised in stable university structures in Spain within the field of legal sciences, with a clear predominance of the area of the Philosophy of Law. It can be concluded that this has been conditioned by the reception and subsequent development of the study of human rights in Spain. While it has been found that the line developed by these centres and research groups has been consolidated and recognised, it can also be confirmed that their modes of knowledge production do not match the rationale of interdisciplinary research. These limitations are not just endogenous. There are some features of Spanish institutional R&D&i culture that make interdisciplinary research on human rights difficult.

Escaping the Ivory Tower: Legal Research on Human Rights from a Critical Perspective

This article aims to address some of the criticisms that have been made of human rights research, especially of human rights research conducted by legal scholars. It argues that a conscious and critical approach to the limitations of the 'ivory tower' of legal scholarship on rights is becoming increasingly necessary in a research context marked by the convergence of multiple disciplines, the ever-growing contestation of human rights, and the complexity of the international regime for the protection of human rights. This article outlines three strategies that could be useful for legal scholars to escape from the ivory tower and make a significant contribution to multidisciplinary human rights studies.

Tools, Gaps and False Myths in Comparative Legal Research on Human Rights

In recent years, the comparative perspective has become increasingly used as a methodological approach to human rights research in the scientific literature. This paper is not intended to summarise the virtues and shortcomings that can be attributed to comparative legal research in the specific field of human rights. Rather, its aim is to critically reconsider its interdisciplinary role and, in particular, to reflect on two of the most popular methods in this field of research: legal comparison and the case study method. Firstly, this paper reviews the method in question, including its typologies and grounds for use. Secondly, it outlines the techniques that determine what and how to compare. Finally, a SWOT evaluation of comparative legal research on human rights is provided, identifying its strengths and weaknesses in order to dispel false myths.

Implementing a Participatory Human Rights-Based Research Methodology: The Unfitness to Plead Project

AbstractThis article describes a novel action-research methodology that combines aspects of participatory methods and emancipatory principles into a human rights-based framework. The history of these different methods is discussed and the authors then explain how the methods can be combined to create a participatory human rights-based research methodology. This new methodology has the potential for high social impact, community inclusion, and scholarly output. The article also describes the implementation of the methodology on a project which analysed the human rights compliance of unfitness to plead laws in the Australian criminal justice system. This project developed a system of support persons within community legal centres across Australia in order to build an evidence-base for good practice in supporting people with cognitive disability who are charged with a crime. The new participatory human rights-based methodology was successful on this project and is replicable in future human rights research.

Field-Based Methods of Research on Human Rights Violations

Field-based research lies at the heart of human rights discourse and practice. Yet, there is a lack of consistency and coherence in the methodologies used and inadequate transparency regarding research methods in most human rights reporting. This situation opens work up to multiple challenges as to quality, veracity, and legitimacy. Although there have been repeated calls for greater methodological rigor through universal standards, general principles, and guidelines, human rights research remains diverse, uncoordinated, and disparate. This article explores these issues in relation to fact-finding, measuring violations, truth commissions, and emerging tools and technologies. It reviews how methodological debates reflect significant divisions among disciplines, differences in goals and objectives, distinct interests among various actors and organizations working on these issues, and the overall complexity of human rights research. The article argues against implementing universal research practices and for creatively and openly engaging debates regarding field-based methods. Such efforts can provide an essential corrective to unquestioned assumptions, enable greater transparency, and improve the overall quality and comparative value of human rights research.