Rights In Countries Research Articles

Environmental disclosure as a response to civil liberties and political rights in countries, myth or reality? The moderating role performed by board gender diversity

AbstractThe influence of civil liberties and political rights on environmental disclosure, and the moderating effect of board gender diversity on the relationship between civil liberties and political rights and environmental disclosure, have not to date been studied in detail, as evidenced by the previous literature available. Therefore, this study aims to analyse how these institutional factors affect corporate environmental disclosure practices across different countries. The firms in our sample operate in 36 countries, spread across all the continents, and the period covered is 2009–2019. The database used to collect economic, social, environmental and governance data is Thomson Reuters' ASSET4, while the items for measuring civil liberty and political rights scores come from the Freedom House organisation (https://freedomhouse.org). The method used for estimating the model is the generalised method of moments (GMM) proposed by Arellano and Bond. The main findings of the study show that levels of civil liberty and political rights in the countries where the firms operate are positively associated with environmental disclosure. Furthermore, according to our evidence, the presence of female directors on boards plays a positive moderating role in the relationship between the level of civil liberty and environmental disclosure and between political rights and environmental disclosure. Additional robustness analyses corroborate our findings.

International practices in the development of administrative legal relations in the field of child protection

Ensuring and protecting children’s rights is a priority in building harmonious legal relations in everycivilisedcountry. Thestudyoftheexperienceofdifferent countries regarding the specifics of the development of administrative legal relations in the field of child protection allows analysing the problematic aspects and identifying positive developments that should be adopted and disseminated. The purpose of this study is to investigate administrative legal relations in the area of child rights protection in certain countries of the world. A set of methods was employed, including methods of induction and deduction, analysis and synthesis, comparison and generalisation, etc. The study examined the content of certain provisions of the Convention on the Rights of the Child, as well as the specific features of legal relations existing between the bodies and institutions of the United Nations. The study analysed the specifics of the development of administrative legal relations in the countries of the Anglo-Saxon and Romano-Germanic legal systems. It was emphasised that in each of the countries under consideration, ensuring and protecting children’s rights is a priority for the state. Even though an effective mechanism for ensuring children’s rights has been developed in countries with highly developed economies and legal culture, certain elements of ensuring children’s rights still need to be improved. The legal relations between different state structures for the protection of children’s rights in the United States of America, England, Germany, France, and Romania are investigated and systematised. Based on the study conducted, a classification of the system of development of administrative legal relations in the area under study was proposed. In addition, the similarities and differences in the development of administrative legal relations for the protection of children’s rights in countries with different legal systems, legal cultures, levels of economic development and mentality were generalised, with author’s generalisations and proposals. The proposed scientific study can be used by researchers as a basis for further scientific investigations, by teachers of higher education institutions, as well as by employees of social services for children and representatives of public authorities who influence the development of state policy on the protection of children’s rights

Setting the standard: the 1970 standard and ethical codes of archaeological organizations

Many archaeological organizations have adopted policies that prohibit being the place of first publication, or announcement, of archaeological artefacts that do not comply with the 1970 standard. Compliant objects are those documented outside their country of origin before 1970 or are documented as being legally exported. This paper argues that continued use of the 1970 standard fails to establish an ethical standard of conduct that exceeds that required by law and perpetuates the legacy of colonialism and imperialism that failed to recognize the rights of countries, societies and communities of origin to adopt their own regulations for the disposition of archaeological artefacts.

Critical Review of the Increasing Complexity of Access and Benefit-Sharing Policies of Genetic Resources for Genebank Curators and Plant Breeders-A Public and Private Sector Perspective.

Plant breeders develop competitive, high-yielding, resistant crop varieties that can cope with the challenges of biotic stresses and tolerate abiotic stresses, resulting in nutritious food for consumers worldwide. To achieve this, plant breeders need continuous and easy access to plant genetic resources (PGR) for trait screening, to generate new diversity that can be built into newly improved varieties. International agreements such as the Convention on Biological Diversity (CBD), the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) and the Nagoya Protocol recognised the sovereign rights of countries over their genetic resources. Under the CBD/Nagoya Protocol, countries are free to establish specific national legislations regulating germplasm access and benefit-sharing to be negotiated bilaterally. Consequently, access to PGR became increasingly restricted and cumbersome, resulting in a decrease in germplasm exchange. The ITPGRFA attempted to ease this situation by establishing a globally harmonised multilateral system (MLS). Unfortunately, the MLS is (still) restricted to a limited number of food and forage crops, with very few vegetable crops. Easy and continuous access to genetic diversity combined with equitable and fair sharing of derived benefits is a prerequisite to breeding new varieties. Facilitated access contributes to sustainable crop production and food and nutrition security; therefore, access to and, consequently, use of PGRFA needs to be improved. Thus, the authors recommend, among others, expanding the scope of the ITPGRFA to include all PGRFA and making them and all related information accessible under a Standard Material Transfer Agreement (SMTA) combined, if necessary, with a subscription system or a seed sales tax. Such a transparent, functional and efficient system would erase legal uncertainties and minimise transaction costs for conservers, curators and users of genetic resources, thus aiding plant breeders to fulfil their mission.

Covid-19, racism and the ‘state of exception’? A theological ethical engagement with identity and human rights in an age of ‘Corona’ and beyond

The COVID-19 pandemic highlighted the role that religion and politics play at the intersection with individual and social rights. Religiously informed political actors capitalised on fears and prejudices to further science denialism, normalise nationalist ideologies, and curtail human rights. In the United States of America, Brazil, and South Africa, it took the form of problematic political theologies. In many instances, a state of exception, as understood in the work of Giorgio Agamben, was enacted. Such actions often have biopolitical significance revolving around making political choices informed by religious beliefs that impact on individual bodies and social freedoms. This extends from individual bodies tosocieties. This research employs a qualitative literature approach to investigate the intersection of political and theological beliefs during the pandemic. It highlights the impact of populist political theologies on the erosion of democracy and human rights in countries that have highly religious populations. It is argued that these strategies reach beyond the COVID-19 pandemic.

Imran Khan and Z.A. Bhutto: A Comparative Analysis of Pakistani Political Speeches

Critical Discourse Analysis elucidates the text, language, social customs, hidden agendas, and linguistic twists. Politicians manipulate language in such a way that people's sentiments and emotions connect with politicians. In political debates, CDA has been used to showcase the speech style behind all these and every sort of discourse that can be employed to control the sentiment expressed to the audience (Roffee, 2016). Fairclough's study of the three-dimensional model: text, discursive practices, and societal practices influenced this study. This research examines how political speeches by Zulfiqar Ali Bhutto and Imran Khan are constructed and how ideology emerges. Various linguistic tools have been investigated to uncover hidden agendas. The major findings in Imran Khan's power projection are his excessive use of religious and political implications and personal pronouns to gain and show his power. Power is discovered to be constructed via language, ideology, society, and political practices. Zulfiqar Ali Bhutto's speech focuses on the right of countries to self-determination. Both UN speeches were watershed moments in Pakistani history, reflecting existing political ideologies and societal factors. The speeches demonstrate how language can build persuasive arguments and communicate important ideas beyond words.

Reforms Within the Current WTO System to Ensure Developing Nation Interests: Labor Standards, Intellectual Property, and Dispute Settlement

The modern international trade framework aims for trade liberalization, that achieving worldwide free trade would help people achieve higher living standards. However, the current WTO system still requires modifications to ensure the rights and benefits of developing countries regarding worker protection, intellectual property protection, and dispute settlement. This paper focuses on analyzing the current labor market, intellectual property policies, and judicialization within international dispute settlement procedures, points out the flaws in each of them and provides a solution for possible enhancement to ensure developing country rights.

Iranian researchers’ perspective about concept and effect of open science on research publication

BackgroundSharing research outputs with open science methods for different stakeholders causes better access to different studies to solve problems in diverse fields, which leads to equal access conditions to research resources, as well as greater scientific productivity. Therefore, the aim of this study was to perceive the concept of openness in research among Iranian health researchers.MethodsFrom the beginning of August to the middle of November 2021, twenty semi-structured interviews were held with Iranian health researchers from different fields using purposeful, snowball, and convenience sampling. The interviews continued until data saturation. Data analysis was performed with thematic analysis using MAXQDA 20. Finally, seven main issues related to open science were identified.ResultsThrough analysis of the interviews, 235 primary codes and 173 main codes were extracted in 22 subclasses. After careful evaluation and integration of subclasses and classes, they were finally classified into nine categories and three main themes. Analysis showed that openness in research was related to three main themes: researchers’ understanding of open science, the impact of open science on publication and sharing of research, concerns and reluctance to open research.ConclusionThe conditions of access to research output should be specified given the diversity of studies conducted in the field of health; issues like privacy as an important topic of access to data and information in the health system should also be specified. Our analysis indicated that the conditions of publication and sharing of research processes should be stated according to different scopes of health fields. The concept of open science was related to access to findings and other research items regardless of cost, political, social, or racial barriers, which could create collective wisdom in the development of knowledge. The process of publication and sharing of research related to open access applies to all types of outputs, conditions of access, increasing trust in research, creation of diverse publication paths, and broader participation of citizens in research. Open science practices should be promoted to increase the circulation and exploitation rates of knowledge while adjusting and respecting the limits of privacy, intellectual property and national security rights of countries.

Visibility or Impact? International Efforts to Defend LGBTQI+ Rights in Africa

Abstract Most struggles for LGBTQI+ rights play out at the national level. However, the question of sexual and gender minorities’ rights periodically appears as a point of friction in international relations as well. This article analyses the question of international efforts to defend LGBTQI+ rights in countries of the Global South, with a particular focus on Western countries’ endeavours in Africa. Combining policy analysis, critique and recommendations, it asks how and when international actors should and should not intervene. It recognizes that motives for intervening can be problematic and the means often counterproductive, especially when exhibiting neo-imperialist tendencies and constituting ad hoc reactions to events in the media. Countering essentialist arguments about ‘authentic’ African culture and values, influenced by religious beliefs, is also a significant challenge. I argue that more fruitful efforts should instead be centred on local rights defenders’ perspectives and supporting their priorities and initiatives, based on concerted, long-term, principled strategies. International actors, however, are reluctant to adopt such approaches because of a desire for short-term visible action, even if less effective or not effective at all. This conundrum is a fundamental problem in the area of foreign aid writ large, as greater impact often requires less visibility on the part of international actors, but donor countries want domestic and international recognition of their efforts. The article distils key lessons learnt and principles for action that have emerged over the past 15 to 20 years, brought together in one place for the first time. It aims to stimulate discussions among practitioners and academics. It should be of particular interest to human rights practitioners, especially those who are involved or contemplating getting involved in defending the rights of sexual and gender minorities internationally.

Utopia Lost – Human Rights in a Digital World

The long progress towards universal human rights is regressing. This regression is pronounced within digital spaces once thought to be potential bulwarks of a new era in human rights. Yet, new technologies have given rise to threats that undermine the autonomy, empathy, and dignity of human beings. Early visions of human rights being strengthened by networked technologies have instead crashed into technological realities which not only do not advance human rights discourses but rather serve to actively undermine fundamental human rights in countries around the world. The future of human rights is increasingly threatened by advances that would make George Orwell blush. Omnipresent data collection and algorithmic advances once promising a utopian world of efficiency and connection are deeply interwoven with challenges to anonymity, privacy and security. This paper examines the impact of technological advances on the regression of human rights in digital spaces. The paper examines the development of human rights through changes in concepts of autonomy, empathy, dignity and charts their regression as technologies increasingly prey on these very same characteristics that undergird human rights discourses.

In the Absence of a Tribunal, Can UN Investigative Mechanisms Ensure Justice for Victims of Rape as a Weapon of War?

Abstract This article explores the evolution of UN fact-finding mechanisms as a method of pursuing legal accountability for violations of international criminal and human rights law, specifically sexual and gender-based violence and violations of sexual and reproductive health rights in conflict situations. The article argues that, in order to effectively contribute to the task of securing individual accountability for violations of international criminal law, while also pursuing political accountability for mass abuse of human rights, the UN system of fact-finding mechanisms must be reformed. The mandates of Commissions of Inquiry must be stripped back to their core function of investigating human rights abuse, while Novel Investigative Mechanisms take over the individual criminal responsibility mandate. Until both these functions are given separate and adequate attention by properly resourced fact-finding mechanisms, victims of abuse such as sexual and gender-based violence and violation of sexual and reproductive health rights in countries without recourse to international courts will be denied justice and recognition through UN channels.

River Rights: Currents, Undercurrents and Planetary Vistas

This paper focuses on recent legal innovations that recognise rivers as having rights in countries and cultures of the Global South. These innovations arise from the urgency to look into the interests and health of both rivers and indigenous/local peoples who depend on the resources of rivers for their material and spiritual sustenance. The article proceeds in three sections. In the first section, we outline the main currents in the formal legal doctrine that are shaping the granting of river rights worldwide. The second section brings out the political and religious undercurrents which tend to reshape legal initiatives in different national cultures and give rise to diverging socio-legal trajectories. Here we track these movements in three countries, namely Colombia, New Zealand and India. In the final section, we outline imaginaries that envision new and recast planetary institutions - including a parliament of rivers - in the context of emergent ecological concerns.

Vicious Cycle: Violations of Foreign Nationals’ Rights among CAT Countries

ABSTRACTThis article explains abuse of foreigners’ rights by identifying an unexplored by-product of human rights shaming—reciprocation. By identifying this phenomenon, the article explains countries’ noncompliance with treaty obligations, focusing in particular on noncompliance with the Convention against Torture's (CAT) provisions on foreign nationals’ rights. States who learn about violations of their citizens’ rights in other ratifying countries violate foreigners’ rights at home. The article hypothesizes that the likelihood of violations of foreign nationals’ rights in a country is positively associated with mentions of violations of that country's citizens’ rights in other treaty countries. To test these propositions, the article presents new data on countries’ violations of foreign nationals’ human rights as documented in the CAT Treaty Body's reports. The results of rare events logistic regression analysis support the hypothesis. Conceptualizing this dynamic among CAT countries as negative diffuse reciprocity, the article draws theoretical conclusions and policy implications.

Bio-anthropophagy, or the Anthropocene in the Making: the Caboclo Peoples in the Construction of Modern Brazil (1889–1939)

Abstract This paper focuses on recent legal innovations that recognise rivers as having rights in countries and cultures of the Global South. These innovations arise from the urgency to look into the interests and health of both rivers and indigenous/local peoples who depend on the resources of rivers for their material and spiritual sustenance. The article proceeds in three sections. In the first section, we outline the main currents in the formal legal doctrine that are shaping the granting of river rights worldwide. The second section brings out the political and religious undercurrents which tend to reshape legal initiatives in different national cultures and give rise to diverging socio-legal trajectories. Here we track these movements in three countries, namely Colombia, New Zealand and India. In the final section, we outline imaginaries that envision new and recast planetary institutions - including a parliament of rivers - in the context of emergent ecological concerns.

Seeking the Hypocrisy of Biden Administration’s Human Rights Discourse from its Policy toward the Palestinian-Israeli Issue

After taking office, the Biden administration raised human rights and other values to a much higher position in foreign policy than during the Trump administration, claiming that it would regard the protection of human rights in countries around the world as an important goal of its foreign policy. However, from the perspective of its policy practice on the Palestinian-Israeli issue, its relevant human rights discourse cannot stand the test of facts at all. Although Israel has seriously violated Palestinian human rights for a long time, the Biden administration has paid little attention to the Palestinian-Israeli issue and basically inherited the Trump administration’s policy on key issues of the Palestinian-Israeli conflict, which is tantamount to supporting Israel’s human rights violations. During the Gaza war that broke out in May 2021, the Biden administration refused to condemn Israel’s bombing of Gaza, repeatedly stressed that Israel’s actions were in self-defense, and not only continuously obstructed the Security Council’s adoption of statements condemning Israel and calling for a ceasefire between the two sides, it also approved arms sales to Israel. The above actions of the Biden administration fully reflect the hypocrisy of its human rights discourse.

"It's because We are 'Loose Girls' That's why We had Children with MINUSTAH Soldiers": A Qualitative Analysis of Stigma Experienced by Peacekeeper-Fathered Children and Their Mothers in Haiti.

Sexual abuse and exploitation (SEA) perpetrated by UN peacekeepers while on mission is a violation of human rights and undermines the goal of upholding human rights in countries that host peacekeeping missions. In addition to survivors, children fathered by peacekeepers are also victims of SEA that need protection. Stigma poses negative life course consequences for SEA survivors and their peacekeeper-fathered children. However, there is a considerable lack of empirical research concerning the stigma experiences of SEA survivors and their children in post-colonial contexts. The present study addresses this knowledge gap by drawing on The United Nations Stabilization Mission in Haiti as a case study to examine the lived experiences of stigma among SEA survivors and their resultant children. Using 18 qualitative semi-structured interviews conducted in 2017 with Haitian women raising peacekeeper-fathered children, we organized qualitative codes according to Link and Phelan's conceptual model of stigma. The stigmatization process was explored through the themes of labeling, stereotyping, separation, and status loss and discrimination, as described by Link and Phelan. In addition, we nuanced the lived experiences of stigma by discussing the buffering roles of familial acceptance, skin phenotype, and the Haitian context. The findings have implications for the UN. We advocate that stigma be recognized and acted upon as a fundamental protection concern for SEA survivors and their children. Accordingly, the UN has an obligation to provide stigma-related supports for victims and complainants as well as to facilitate long-term child support for the children left behind by peacekeepers.

Roots, Rights and Risk: Canada, Childhood and the COVID-19 Global Pandemic.

The COVID-19 global pandemic highlights pre-existing inequities as well as the challenge of ensuring the protection of children’s human rights in countries like Canada that have ratified the United Nations Convention on the Rights of the Child. SARS-CoV-2, referred to as the 2019 novel Coronavirus disease or COVID-19, presents a significant threat to public health. Although children are considered to be low risk of contracting, spreading, and serious complications of the disease, are considerably impacted by COVID-19 government-sanctioned distancing measures. COVID-19 is a persistent public health threat, thus, the long-term consequences are largely unknown. This qualitative research study, a content analysis of online Canadian media reports of COVID-19 and children, engaged transdisciplinary social justice methodology, social constructions of childhood at the intersection of race, socio-economic status, gender, and disability. The findings suggest COVID-19 reinforces the impact of social exclusion and economic disparity on equity-seeking young people and families in Canada.

The Indonesian Government's Liability Against Forest Fires That Caused Losses to Malaysia

This study aims to describe the form of Indonesia's accountability to countries that are directly affected by the haze caused by Indonesian forest fires according to the ASEAN Agreement on Transboundary Haze Pollution rules. This research is intended only for written legislation (law in books) and other legal materials. In normative research, the author will use doctrinal research methods that refer to legislation (statute approach) and a comparative approach (comparative approach). The results of this study indicate that Indonesia's accountability for cross-border smoke haze pollution due to forest fires is stipulated in Article 3 of the ASEAN Agreement on Transboundary Haze Pollution. Furthermore, the rights of countries affected by transboundary haze due to forest fires are regulated in Article 16 of the ASEAN Agreement on Transboundary Haze Pollution which states to increase preparedness and minimize risks to human health and the environment.

Exclusivity in Times of a Public Necessity: Balance of Interests in South Asia’s Compulsory Licensing Regime

The catastrophic impact of the COVID-19 pandemic on every facet of human life has made the requirement of a pharmaceutical breakthrough in the form of a vaccine more urgent than ever. The urgency has led to a hundred plus researches being underway, with tremendous amounts of capital and intellect invested. The vaccine being an invention, invites patent regulations and the rights of the patent holder associated with the invention. However, given the urgency of the situation, countries need to ensure hassle free access to the vaccine. Here, Compulsory Licensing regulations would play an important role. Beginning with a historical background of Compulsory Licensing under TRIPS, the authors analyse its subsequent amendment keeping in view the right of countries to give primacy to public health over intellectual property protection. The authors then highlight the diverse legislative positions of Compulsory Licensing in South Asia through the lens of the TRIPS position. The authors also comment upon Patent Pools, a comparatively new concept in the area of public health which is gaining spotlight. Further emphasis has been laid on keeping administrative impediments minimal with regards to the working of the intellectual property. This is important since firstly, the majority of the attempts underway are a collaborative innovation involving multiple stakeholders and secondly, multiple patent applications could be filed for different parts of a single invention leading to complexities while licensing. Finally, suggestions have been given as to how the patent regulations could be worked so as to maintain a balance between the rights of the patent holder and public health.

Restricting NGOs: From Pushback to Accommodation

Restricting NGOs: From Pushback to Accommodation