Respect For Human Rights Research Articles

Bioethics-CSR Divide

Bioethics-CSR Divide

Some issues of the status and functioning of the United Nations human rights monitoring mission in Ukraine

Today, the United Nations plays a leading role in the development of international law and cooperation among the world's states. Member states have pledged to realize their rights and fulfill their obligations under the UN Charter. The main objectives of the UN are envisaged in Article 1 of the Charter, where the key provision relating to human rights is reflected in paragraph 3 of Article 1. According to it, the UN aims to achieve international cooperation in solving international problems of an economic, social, cultural and humanitarian character and in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction of race, sex, language or religion [1]. As it can be seen, the Charter only calls on states parties to promote the protection of human rights, without establishing clear obligations to protect and guarantee them.
 Since 2014, i.e. since Russia launched its war against Ukraine, the aggressor has not stopped committing crimes against our country and our people. Russia's actions encroach not only on the sovereignty of our state, but also on human rights and freedoms. Under such circumstances, the international community cannot stand aside from these events. Many international human rights organizations have offices in Ukraine. Among them is the UN. On 31.07.2014, the Government of Ukraine and the Office of the United Nations High Commissioner for Human Rights signed an agreement on the deployment of a short-term UN human rights monitoring mission in Ukraine.
 The legal status of UN monitoring missions in legal science has not been the subject of a separate study. Certain aspects of the activities and competence of such missions have been considered in the works of such scholars as I.A. Shumilo [14], F. Megre [13], K. Boyle [12] and others, which are devoted to the coverage of international mechanisms for the protection of human rights and freedoms, the status of the UN General Assembly and the UN Human Rights Council. Therefore, the task set out in this article is to analyze and establish the specifics of the legal status of the UN Human Rights Monitoring Mission (hereinafter - the Mission), in particular, the one established for Ukraine, and the limits of the Mission's powers under the UN Charter, UN General Assembly resolutions, and international agreements between UN agencies and Ukraine. Therefore, the relevance of this article is beyond doubt. It has been established that the purpose of the Mission is to facilitate cooperation between the Government of Ukraine and the Office of the United Nations High Commissioner for Human Rights (hereinafter - OHCHR)[2] and it plays the role of a subsidiary mechanism for the protection of human rights and freedoms within the UN. The conclusions of the mission will undoubtedly serve as a convincing additional evidence base for Ukraine in international judicial and other bodies in protecting its interests and establishing the guilt of the Russian Federation for actions committed against our country.

Legal methods of comparative research: the latest role in the conditions of globalization processes

This article is devoted to the study of legal methods of comparative direction in the conditions of globalization. Special attention is paid to the question of the growth of the role of the comparative legal method, the methodology of its implementation, as well as the factors that determine the growth of its role. First, it was noted that after the Second World War, the generally recognized principles of international law were developed and written down in the UN Charter and other fundamental international legal documents. Acting as a product of customary international law, that is, as a result of the practice of civilized nations in relations between themselves and with societies, they have acquired a universal character, which puts them «at the top» of the world legal order. Such principles as respect for human rights, state sovereignty, territorial integrity of states have received universally recognized content. In many European states, they have «direct effect», acquiring a constitutional character. This means that a new phenomenon has been created within national legal systems, which really consists of a common archetype present in the constitutional system of every civilized state. The second, comparative law, is currently used as a tool for judicial investigation of a legal case, and therefore - the reasoning of a court decision. This approach is widespread in the practice of the highest courts of states and especially the European Court of Human Rights (ECtHR).
 After the Second World War, there was not a single significant legislative project that was not, to one degree or another, accompanied by extensive legal methods of comparative research. This approach should be reflected in the practice of reforms in Ukraine. It is important to emphasize that the comparative approach is characteristic not only for science, but also for law-making and law-enforcing bodies (courts). An adequate methodology of the comparative legal approach takes into account a complex understanding of the law itself (written and unwritten), as well as its broad social context.
 In addition, the change in the nature of international law, the creation in the last three decades of full-fledged regional legal systems, for example, the European legal system, as well as the strengthening of their interaction with national legal systems, necessitate the use of so-called «vertical methods» of comparative research.

Los derechos humanos analizados desde lo planteado en el discurso regulativo institucional y la realidad educativa

The exercise, respect and preservation of Human Rights - Human Rights - base the personal, social, emotional, psychological, family and cultural development of society; therefore, it is essential that the regulations or public policies in favor of their execution and defense are carry out in reality, so that they guarantee a dignified life or stability to each citizen. In this sense, the main objective that guided the research was "To assess the relationship that exists between the Institutional Regulatory Discourse - DRIand the preservation, exercise and respect of Human Rights - Human Rights in the Educational Institution - IE". The theoretical references focused on Van Dijik's position on discourse and discourse analysis and the regulations were analyzed within the framework of the prevention, regulation and defense of human rights in schools.The methodology was qualitative based on the ethnographic method that allowed the use of instruments such as documentary review, narratives and opinion agendas, developed with teachers, managers and students of 9, 10 and 11 grade of the IE INEM Julián Motta Salas (Morning Session) and IE El Caguán (Afternoon Session). With the results of the field work, it was concluded that both IE are indeed making progress in creating the conditions to minimize the distance between what is proposed in the DRI and what is actually put into practice. The structuring of an alternative proposal very committed to the preservation, exercise and respect of human rights in IE was proposed.

Gender Equality in the Criminal Justice System in Dubai: Between Sharia and Human Rights

This paper explores the distinctive fusion of tradition and modernity in Dubai and offers an engaging context for analyzing the ways in which the criminal justice system responds to the difficulties presented by the coexistence of Sharia law and human rights ideals. With a focus on minority rights and gender problems, the research seeks to give a thorough knowledge of how the cohabitation of Sharia law and human rights impacts justice, equality, and respect for human rights. The research aims to clarify the difficulties present in this legal environment and provides suggestions for future improvements through a targeted examination. The study critically examines legal provisions, precedents, and practical implementations, utilizing legal pluralism as a theoretical framework to understand the interplay between Sharia law and human rights principles. Insights from stakeholder and legal expert interviews are also incorporated into the analysis to provide viewpoints from inside the criminal justice system. The study highlights both advancements and difficulties in providing a detailed knowledge of gender relations within the criminal justice system. The study ends with a critical analysis of the implications for policy and possible changes, adding to the continuing conversation about justice, equality, and human rights in Dubai's developing legal system.

Contemporary Advancements in Education for Sustainable Development: A Qualitative Outlook

Education plays a pivotal role in advancing sustainability on a global scale. It serves as a crucial vehicle, offering individuals the understanding, means, and benefits necessary for achieving sustainable development. Sustainable development, at its core, seeks to meet present needs without compromising the ability of future generations to fulfill their specific requirements. This approach integrates economic, social, and environmental considerations, forming a shared foundation for all. Education for sustainability harnesses the entire educational system to equip students with the knowledge and skills needed to catalyze societal transformation toward a sustainable future. An integral aspect of sustainable development involves recognizing and respecting the positive heritage and legacy bestowed by past generations. Education for Sustainable Development (ESD) embodies a dynamic concept that envisions a new educational paradigm balancing human and economic well-being with cultural traditions and a profound regard for the Earth’s natural resources. ESD emphasizes the significance of learning in fostering a transition toward sustainability. It encompasses a range of educational facets, including citizenship education, the cultivation of a culture of peace, gender equality, respect for human rights, health education, population education, and the prudent management of natural resources. The transformation of education into a constructive tool is crucial for instilling awareness among students and global citizens alike. ESD employs transdisciplinary educational systems to cultivate ideas for continual learning, instill respect for human needs harmonized with sustainable resource use, and foster an awareness of global solidarity. By encouraging individuals to make decisions that shape the long-term future of the economy, ecology, and social welfare, ESD emerges as a practice of learning how to maintain equilibrium between humans and nature. In essence, education for sustainable development provides a pathway to harmonize the delicate balance between humanity and the environment, contributing to a future where both can thrive in tandem. Keywords: Education, Sustainability, Education for Sustainable Development, Transformation, Transition, Awareness, Gender Equality, Social Welfare, Environment

Does governance matter? Comparing the determinants of Chinese and Western trade with Africa

AbstractIn recent decades, China has risen to prominence in the global economy with breakneck speed. Many have hypothesised that Chinese economic actors undermine the global drive to promote good governance in developing countries, and in Africa in particular, by disproportionately engaging economically with countries that suffer from poor governance outcomes. Using bilateral trade data, this paper explicitly compares how different aspects of African countries' governance levels impact their trade patterns with China and the West. It finds that African countries with better corruption controls and improved democratic development levels export more to the Western countries sampled, though the opposite is true with regard to their exports to China. Interestingly, democratic development is associated with greater imports from both the West and China, but the opposite holds with regard to respect for human rights. Finally, political stability has no significant impact on African trade—with either the West or China. However, when oil exporters are excluded from the sample, the relationship between political stability and African exports strengthens dramatically, which suggests that both Western and Chinese importers are willing to tolerate political instability to secure oil.

Protecting Future Generations Through Minilateralism: Climate Clubs and Normative Legitimacy

Despite three decades of global climate negotiations and high expectations for the 2015 Paris Agreement, global emissions continue to grow. To protect future generations from severe harm, scholars, environmentalists, and politicians alike explore potential supplements to the United Nations Framework Convention on Climate Change process. One potential supplement is climate clubs of a type where a small number of “enthusiastic” countries embark on ambitious mitigation efforts while encouraging other, more “reluctant” countries to join. Previous research has shown that this club type possesses a significant potential for expanding membership and eventually becoming highly effective in reducing global emissions. A common criticism of climate clubs, however, is that they lack legitimacy. Assessing this criticism, we argue that climate clubs of the type considered here can be normatively legitimate. The main challenge for normative legitimacy concerns climate clubs’ use of incentives, particularly negative incentives, to attract members. However, we argue that even negative incentives for participation can be legitimate, assuming they meet a set of relevant legitimacy criteria—including that the club respects human rights, provides a comparative benefit, maintains institutional integrity, implements only proportional incentives, and fulfills a requisite set of epistemic criteria. We also argue that the normative legitimacy of climate clubs’ use of incentives for compliance is less challenging than the normative legitimacy of their use of incentives for participation.

Free, Prior, and Informed Consent

Abstract Free, Prior, and Informed Consent (fpic) is crucial for the exercise of indigenous peoples’ right to self-determination, a binding human rights norm, as it provides them with the opportunity to determine how their lands and resources are developed. While numerous companies have committed to respecting fpic in their corporate policies, there continues to be a huge disconnect between public rhetoric and actions on the ground, and indigenous peoples generally struggle to have a meaningful voice in decision-making processes that concern them. Even if the United Nations Guiding Principles on Business and Human Rights (ungp, 2011) have compelled companies to gain ground with regards to their responsibility to respect human rights, the ‘do-no-harm’ principle does not require them to take positive actions towards fulfilling human rights. This approach is inconsistent with the moral foundation of human rights, which implies duties, and does not account for the substantial economic and political power that increases companies’ potential as guarantors of human rights. Based on the normative and moral legitimacy sustaining the narrative on corporate human rights obligations and the political, moral and legal imperative behind fpic, this article asserts that companies have a normative obligation to observe fpic, which they ought to operationalise in the context of heightened requirements regarding their human rights due diligence.

Measurement of safe and respectful maternity care in exit interviews following facility childbirth at the Lwala Community Health Centre

Background: Respectful maternity care is essential for ensuring positive childbirth experiences for women. It emphasizes moral values and respect for human rights and encourages behavior that considers women's preferences and needs for pregnant women, newborns, and their families. Maternity exit interviews conducted at Lwala Hospital assessed women's experiences during labor and delivery. Methods: A survey tool, Kobo Collect, was used for data collection among women who delivered at Lwala Hospital. 64 women of an age range of 17 and 36 years who delivered between October 1, 2023, and November 30, 2023, were interviewed. All the women had already given birth at least once. Results: Most of the women in the survey felt that they were given sufficient information to make informed decisions and felt comfortable during their delivery process. 86% strongly agreed that they were encouraged to have some light food, warm fluids, or tea during labor and birth. 72% of women said staff members talked to them about the advantages, disadvantages, and alternatives to treatments or procedures. Only 49% received information about caring for their babies. 13% felt they received information about where to get follow-up care. 96% felt the staff always protected their privacy at all stages. 80% said that the staff never scolded, shouted at, insulted, or made disrespectful comments. 91% said they were never touched by a staff member in a way that caused pain or felt inappropriate or non-consensual. 95% of women said all the staff care about what matters to the mother and her family. 85% of women were encouraged to feel confident in their ability to give birth. Despite 86% of the women feeling that the staff were active during labor, only 68% of women felt competence from the staff members during labor. Conclusion: Interviews underscore the importance of maternity exit interviews in assessing and enhancing the quality of maternity care. The outcomes of this research will inform future interventions and reinforce the commitment to providing respectful and equitable maternity care.

Treatment of women's prisons in Maranhão

Considering the growing relevance of the female prison scenario in Brazil, this research aims to analyze the treatment of female detainees in the country's penitentiaries, in order to assess its impact on social reintegration and the guarantee of human rights. The significant increase in the female prison population and the need to understand and improve detention conditions motivate the research, which seeks to answer: How are women treated in Brazilian prisons and how does this influence their social reintegration and respect for human rights? The research will use a bibliographic and documentary review, analyzing academic materials, relevant case law and national legal frameworks. Consultation of various databases, such as BDTD, Google Scholar and FGV's virtual library, will contribute to achieving the proposed objectives. Thus, the general objective of the research is to analyze the treatment of inmates in Brazilian women's prisons, assessing its repercussions on social reintegration and the guarantee of human rights. It concludes that social reintegration, conceived as a comprehensive process that transcends mere physical freedom, is faced with obstacles ranging from poor prison conditions to the lack of effective resocialization programs. The lack of educational and work opportunities, combined with social stigmas, intensify the challenges faced by inmates when trying to reintegrate into society. The guarantee of human rights, a fundamental and inalienable principle, is often compromised in women's prisons. The research highlighted the urgent need for public policies that ensure the dignity, integrity and basic rights of inmates, promoting conditions conducive to true resocialization.

European Union Enlargement Policy with Special Reference to Bosnia and Herzegovina – Preferences and Downsides

By virtue of several European visionaries, led by Robert Schuman and Jean Monnet, whose noble goal was to end centuries of wars and bloodshed on the European continent, today we have the European Union, the most successful integration project of the 20th century. The European Union has come a long way to achieve the ultimate goal of political stability, based on equality in diversity, rule of law, democracy and respect for human rights, as well as the economic growth and development of all its members. From the original six countries that founded the European Coal and Steel Community in 1951, the European Union, through seven rounds of enlargement, has grown into a community of 27 prosperous countries, which both individually and together within the Union, have become a significant player on the global political and economic scene. The aim of this paper is to research and analyze the complexity of the European Union enlargement policy, its preferences and downsides, with special emphasis on Bosnia and Herzegovina and its integration processes, following its recent candidate status. The main research objective is to identify the factors that may enable or constrain effective EU enlargement policy and its implementation in BiH. The paper argues that the final goal - the EU acquis transposition and enforcement by enlargement countries - may present the biggest hurdle on the EU trajectory. The research methods include qualitative methods - analysis of the relevant literature, publications, official EU data, as well as the EU and BiH policy documents and strategies.

Ulusal ve Uluslararası Belgelerde Eğitim Hakkının Yasal Dayanakları

Education is a multidimensional social institution that is continuous and open to all citizens, starting from before school, including periods after school and after school, is an obligation of the state and a human right in our age. This perspective, which is gradually expanding the framework of education, requires that education be considered in economic, social and cultural realities in societies. Despite the opinions of thinkers such as Comenius, Locke, Rousseau, the main activities in education have been philosophical and methodological, while legal concerns have remained in the secondary plan. As a result of this situation, the individual's right to education has not been provided with a legal basis for a long period of time. The main goal of the United Nations, which was established after the Second World War in the international arena, is to develop universal respect for human rights and freedoms as a principle. The right to education, which is included in the fundamental rights in this process, has been regulated in some UN and Council of Europe documents, especially the Universal Declaration of Human Rights in 1948. Human rights and the right to education, which are guaranteed by international conventions, have also been protected by some legal regulations within the national legal system. The fundamental rights and freedoms of citizens in Turkey are regulated through the Constitution and laws. In addition, with the relevant legislation, a framework has been established for how these rights and obligations can be used. Key Words: Right to Education, National Documents, International Documents, Legal Bases

Legal Protection for Foreign Investments Aligned with the Second Principle of Pancasila: A Scholarly Exploration

Foreign Direct Investment (FDI) plays a crucial role in a country's economic advancement. This research focuses on assessing the legal protection afforded to FDI, with a specific emphasis on applying the second principle of Pancasila, "Just and Civilized Humanity." The goal is to ensure sustainability, respect for human rights, and active participation in foreign investments in Indonesia. The research adopts a normative legal approach, analyzing key legal documents and regulations, including Law Number 25 of 2007. The evaluation encompasses procedures and policies aimed at preserving FDI in Indonesia. The research findings highlight the significant influence of the second principle of Pancasila in establishing a legal and moral framework for the protection of FDI. This principle underscores the importance of fair and dignified treatment for all individuals, including foreign investors. These principles are explicitly outlined in Law Number 25 of 2007, which delineates the rights and responsibilities of foreign investments, advocates for equal treatment, and supports sustainable and equitable economic growth. However, challenges in implementing legal protection for FDI persist, including discrepancies in legal interpretation, bureaucratic complexities, and shifts in government policies. Addressing these issues is crucial to fostering a conducive environment for foreign investments and aligning with the ideals of Pancasila for just and civilized humanity.

The Importance of Human Rights for Management and Organization Studies

AbstractBusiness and human rights (BHR) scholarship examines the role of business in human rights violations as well as business responsibilities to respect human rights and to provide remedy where needed. BHR scholarship has been thriving over the last several decades, but it is at a turning point that begs for increased cross‐disciplinary exchange. We argue that dealing systematically and explicitly with a human rights perspective in management and organization studies provides BHR scholarship with a new impetus as well as with alternative perspectives on how to understand and further advance human rights obligations on businesses. We advance two BHR conceptualizations that will provide guidance for integrating human rights in management with organization studies research and thereby enlarge the cross‐disciplinary conversation on BHR: BHR as Global Governance and BHR as Sensemaking. This paper expands existing management and organization studies constructs, invites management and organization studies scholars to provide their insights into this important research domain, and discusses the implications of human rights for the firm.

Models of care and relevance of territorial management in assisting persons with epilepsy.

Epilepsy is a widespread social disease that affects people of all ages and often involves both diagnostic and therapeutic difficulties. Beyond seizure control, it is necessary to ensure people with epilepsy a good quality of life and respect for human rights, seeking to increase self-management capacity and break down stigma. People with epilepsy should have privileged access to specialized epilepsy centers, where multidisciplinary care is possible. These centers, organized by different levels of complexity, should be uniformly distributed throughout the country and networked together. The scientific community and health care organizations must therefore design all necessary strategies so that knowledge about epilepsy improves among the general population and the most effective pathways of care are effectively implemented.

Analysis Of The 2nd Principle Of Pancasila On The Instagram Privacy Disclaimer

The article discusses the importance of user privacy on Instagram, a popular social media platform. In the digital era, millions of users share aspects of their personal lives, creating risks of data misuse and security threats. The right to privacy is recognized as a human right, including in the Indonesian Privacy Rights Law. Privacy Controls: Instagram gives users full control, allowing personal account settings. Data Policy: Instagram has a policy that explains the collection, use, and sharing of data, reflecting civilized principles. Data Security: Instagram claims to implement security measures and collaborate with third parties. Privacy Tools and Features: Instagram is constantly developing new privacy tools and features. In the context of Instagram user privacy, the principle of the 2nd Principle, "Just and Civilized Humanity," reflects fair treatment and respect for human rights. The rights to privacy, freedom of expression, data security, and control over personal information are the emphasis in implementing the 2nd Principle. Assessing the use of Instagram's privacy policy by the 2nd Principle and encouraging users to be wise in sharing information. A mixed method approach with descriptive qualitative methods and literature studies is used to understand the impact of Instagram user privacy. Privacy is a human right, and Instagram is expected to implement the principles of the 2nd Principle with policies that support the control, security, and fair treatment of users' data.

EFFECTIVENESS OF MECHANISMS OF ANTI-CORRUPTION MANAGEMENT IN MODERN CONDITIONS

The relevance of the issue of anti-corruption management in the modern world cannot be overestimated. Corruption has a direct impact on economic development, political stability and social justice in different countries, creating obstacles to effective governance and undermining public trust in state institutions. The development and implementation of effective anti-corruption strategies is a key factor in strengthening democracy and supporting sustainable development, and it plays an important role in preventing economic and social losses related to corrupt practices. The research results emphasize that the effectiveness of anti-corruption management to a large extent depends on the implementation and adherence to key principles such as transparency, responsibility and active participation of civil society. These principles contribute to the creation of trust and openness in government, which is essential for combating corruption. The cultural features of each country are crucial in the development of effective anti-corruption strategies since they determine the perception and reaction of society to corrupt practices. The academic paper also draws attention to the need to strike a balance between strict anti-corruption measures and ensuring respect for human rights, emphasizing that the effectiveness of the fight against corruption should not be at the expense of fundamental human and civil rights and freedoms.

Business and human rights in Japan: Progress and challenges of the Japanese government

Business and human rights in Japan: Progress and challenges of the Japanese government Professor Emi Sugawara from Osaka University of Economics and Law, Faculty of International Studies, discusses government’s efforts to respect human rights in the supply chain. If the ultimate goal of the business and human rights movement is to realise a sustainable society in which no one’s human rights are left behind, then the role of the state, along with businesses, is important. According to UN Guiding Principles on Business and Human Rights (UNGPs), states have a duty to protect human rights by creating an environment that enables businesses to respect human rights, and this environment can be created through a smart mix of policies that are consistent from the perspectives of business and human rights. Noted, so what about Japan?

Corporate Responsibility to Respect Human Rights Defenders Under the UNGPs and Steps Towards Mandatory Due Diligence

Besides state actors, non-state actors and particularly private companies target human rights defenders (HRDs) and violate their rights to intimidate and stop them from challenging their interests. Despite the absence of responsibility of non-state actors in international human rights law, the United Nations Guiding Principles on Business and Human Rights (UNGPs) set out global standards and acknowledge the role of HRDs in the promotion of human rights, urging corporations to work closely with defenders. Considering the effectiveness of the UNGPs, the article explores the potential for protecting HRDs within the framework and concludes that the UNGPs could be utilised to enhance the protection of defenders in relation to business activities. It also suggests that current efforts of implementation would be strengthened by mandatory human rights due diligence laws at the national and regional levels, and emphasises that a clear inclusion of corporate responsibility to respect defenders is required, as it would be beneficial for both sides, defenders and business enterprises.