Rights-related Issues Research Articles

Reshaping International Investment Regime from Human Rights Perspective

The impact of foreign investment on the human rights generally has increased and interaction between them has shown to be complex in nowadays. Human rights considerations enter into the discourse of international investment law since increasing number of states are beginning to include references to human rights in their investment treaties and investor-state contracts, in particular for the new generation of investment treaties. Human rights related issues have played a vital role in various contexts of investment proceedings as w ell and whether an investment tribunal can apply to human rights law depends both on the relevant jurisdictional clause and the applicable law. To consider all this issue, the article takes a qualitative approach by examining secondary data, in particular, difference concepts, legal documents and applying case law as well. Moreover, in order to present existing window of opportunity for States, article outlined some findings and recommendations.

Notas sobre o surgimento do fundamentalismo religioso na América Central e sua relação com os direitos humanos

This paper presents the historical context of the 1980s in Central America to understand the social, economic, political, and human rights conditions that this region was experiencing, in which neo-Pentecontalism emerged as an expression of religious fundamentalism. This was not a native manifestation of these societies but rather a phenomenon that originated in the United States as part of a political project aimed at addressing the situation in the Central American region during that time. It was a period marked by political and military conflicts, primarily in Guatemala, El Salvador, and Nicaragua, whose attention and consequences led to the involvement of the other countries in the area. In the course of these struggles, Christian groups also engaged. They sympathized with the Latin American Theology of Liberation, whose central message was the option for the poor. This led them to support political movements of liberation striving to transform the capitalist socio-economic structure. This demonstrates that the religious element, which had historically aligned with dominant political and economic entities, broke with that tradition but, this time, through a small sector. In light of this, the United States made the decision to promote and introduce religious fundamentalism to Central America in order to halt revolutionary political projects. Understanding the context in which neo-Pentecostalism arises allows for a comprehension of its relationship with or opposition to human rights-related issues.

Human Rights in Sports Arbitration: What Should the Court of Arbitration for Sport do for Protecting Human Rights in Sports?

Sports governing bodies establish their sporting rules and regulations. Nevertheless, they confront a complex question concerning whether a female athlete who inherently possesses an advantageous quantity of testosterone may participate in female athletic competitions. In Caster Semenya and Athletics South Africa (ASA) v. IAAF, the Court of Arbitration for Sport (CAS) held that she could not participate in female sports events because “the elevated testosterone levels that such athletes possess can create an insuperable advantage over other female athletes who do not have a 46 XY DSD condition”. Consequently, the CAS ruled that she would no longer be eligible to compete in professional female competitions. In this scenario, the primary focus of this article is to examine how the CAS should address human rights-related issues, even though it is not a human rights court like the European Court of Human Rights (ECtHR) but rather an arbitral tribunal. To achieve this purpose, this article will address the following questions: (1) How can athletes claim a violation of their human rights before the CAS?; and (2) What steps should the CAS take to safeguard human rights in sports? Through this research, it may serve to identify the CAS’s role in human rights protection in sports.

Preimplantation Genetic Testing for Monogenic Disorders: The Role of Neurologists and Challenges

Preimplantation genetic testing for monogenic disorders (PGT-M) has been implemented in Japan under a novel definition of severity to reduce the chances of giving birth to a child with an inherited genetic disorder. The redefinition of disease severity is not only about changing definitions and interpretations, but also a matter of potentially expanding the number of diseases covered by PGT-M and the range of clients, which could raise serious human rights-related issues. With the rapid development of therapies for neuromuscular diseases and the possibility of the clinical course of diseases previously considered to be serious becoming progressively becoming milder in the future, the "definition of severity" classification itself, as applied to PGT-M, may become debatable. Neurologists will thus become more involved in presymptomatic diagnosis and newborn screening for the early diagnosis and treatment to enhance the efficacy of new therapies. We also need to address the technical, social, and ethical issues surrounding genetic counselling and PGT-M, and practice holistic medicine for the patients and their families.

Pan-African gender governance: The politics of aspiration at the African Union

Abstract The African Union (AU) has developed an elaborate gender governance architecture, including gender machineries and women’s desks, policy frameworks, path-breaking women’s rights laws, and ongoing campaigns on women’s rights–related issues. At the same time, the member states’ engagement with this architecture is at best lukewarm, with a lack of domestication, compliance, and accountability. This paradox is addressed in this article by developing the theoretical thinking around aspirational politics (Martha Finnemore and Michelle Jurkovich, ‘The politics of aspiration’, International Studies Quarterly, 64:4 [2020], pp. 759–69) and political brokers (Stacie E. Goddard, ‘Brokering change: Networks and entrepreneurs in international politics’, International Theory, 1:2 [2009], pp. 249–81), showing the social and relational origins of pan-African gender governance. In doing so, the article examines how ‘aspirational politics’ can be operationalized to examine the sociocultural and political production of shared future imaginaries. The paper focuses on AU femocrats as the key actors for AU’s aspirational gender agenda and argues for their importance as political brokers between AU member states, donors, UN agencies, and civil society organisations. By mobilizing actors and facilitating common ground and agreement, their institutionalized broker position allowed for various political entrepreneurs to emerge and thrive. At the same time, their pursuits are met with ‘aspirational fatigue’ or outright contestation by the member states. The case of the AU demonstrates how aspirational politics is not a ‘phase’ leading to norms governance but part and parcel of normative negotiation and engagement.

Artists against tourism gentrification: Analyzing creative practices of resistance in Porto

We examine how artists’ work has been used to fight gentrification in Porto (Portugal) over the last five years. After mapping agents, projects, and initiatives, the paper selected six artists from different areas, and who work on housing and city rights-related issues. Semi-structured interviews were conducted with the artists, and their practices and discourse were analyzed to discover their views on the city’s transformations and the role Art and artists play in highlighting them. The interviews also revealed dilemmas and contradictions, such as: the tension between celebrating Porto’s identity and avoiding tourism-phobia; the risks of Art being exploited for financial or political gain; the difficulty of striking a balance between artistic freedom and independence on the one hand, and funding and recognition on the other. One of the paper’s findings is that such challenges reflect the precarious state of The Arts and Culture in Portugal today.

Blockchain as a tool to facilitate property rights protection in the Global South: lessons from India’s Andhra Pradesh state

The lack of a comprehensive property rights system is an issue of pressing concern in most economies in the Global South. Property rights-related issues have important social, economic and environmental consequences. This paper argues that one of the most impactful uses of blockchain in the Global South could be in the creation, implementation and enforcement of property rights. The article provides an in‐depth analysis of a blockchain-based land registry project in the Andhra Pradesh state of India. It also delves into facilitators for and barriers to a large-scale adoption and deployment of blockchain for this purpose. The paper shows that with blockchain, the benefits of digitisation of land records can be amplified and some of the major drawbacks of digitisation can be avoided.

Authors Alliance Partner Program (A2P2) [Product Review

The Authors Alliance Partner Program (A2P2; https://www.authorsalliance.org/a2p2-home/) is a recent addition to the educational content of the Authors Alliance. This nonprofit advocacy organization aims, "to advance the interests of authors who want to serve the public good by sharing their creations broadly." Their new initiative provides prêt-à-porter instructional material with the express purpose of supporting the scaling of rights-related programming—a goal that distinguishes A2P2 from other well-established and deeply valuable copyright-focused resources. While copyright touches nearly all we do in libraries, outreach in this area often primarily falls to scholarly communication or copyright librarians. As Schmidt (2019) notes, “providing copyright information services in the library has become part of the standard operations of academic libraries in the U.S.” We must, consequently, train ourselves up and stay current on copyright issues, as well as instruct our peers and our communities on copyright- and author rights—related issues (Reeves 2015; Norris et al. 2019; Secker et al. 2019). We need to build resources on topics that are nuanced, evolving, and carry risk. These efforts take time, care, and confidence. For professionals who may well have varied and competing job responsibilities, time and confidence certainly may be at a premium (Charbonneau and Priehs 2014). While one could easily despair, there’s help to be had. Enter, A2P2.

Fundamental Rights and Best Interests of the Child in Transnational Families, by Elisabetta Bergamini and Chiara Ragni

This edited book by Elisabetta Bergamini and Chiara Ragni covers a crucial theme—the implementation of children’s rights and interests in the EU in cross-border situations. Over the course of 16 chapters, highly important topics are covered which demonstrate the current rate of international movement of families, and the accompanying internationalisation of child and family law. Stalford noted in her seminal work ‘Children and the European Union: rights, welfare and accountability’ how the EU has experienced changes to its constitutional, legal, and institutional landscape over the years, and how this has generated new opportunities to engage with a broad range of social and rights related issues relating to children.1 The primary focus of the book—the protection of children in cross-border situations—is therefore a particularly worthy area for examination. Challenging questions are posed in this book, including those relating to the fundamental rights of children in transnational families, what...

Artificial Intelligence and Human Rights: A Business Ethical Assessment

AbstractArtificial intelligence (AI) has evolved as a disruptive technology, impacting a wide range of human rights-related issues ranging from discrimination to supply chain due diligence. Given the increasing human rights obligations of companies and the intensifying discourse on AI and human rights, we shed light on the responsibilities of corporate actors in terms of human rights standards in the context of developing and using AI. What implications do human rights obligations have for companies developing and using AI? In our article, we discuss firstly whether AI inherently conflicts with human rights and human autonomy. Next, we discuss how AI might be linked to the beneficence criterion of AI ethics and how AI might be applied in human rights-related areas. Finally, we elaborate on individual aspects of what it means to conform to human rights, addressing AI-specific problem areas.

국제사회의 취약국 개발협력 성과와 과제 (Foreign Aid to Fragile States: An Analysis and Implications for Korea)

최근 국제사회는 분쟁, 재해, 테러 등으로 인해 많은 피해를 입었으며, 그중에서도 취약국은 이로 인하여 가장 큰 고통을 겪고 있다. 취약국에서 발생한 분쟁 및 자연재해로 인한 난민과 이주민이 주요한 문제로 부상하면서, 취약국이 국제 안보에 위협이 될 수 있다는 인식이 퍼졌다. 이와 더불어 대부분의 취약국은 빈곤문제뿐만 아니라 인권 및 안보 관련 문제도 심각하여 국제사회의 개발 목표 달성을 저해한다는 논의도 확산되고 있다. 이에 따라 2015년에 채택된 지속가능발전목표(SDGs: Sustainable Development Goals)에는 이전의 새천년개발목표(MDGs: Millennium Development Goals)와 달리 평화와 인권에 관련된 16번 목표가 새롭게 반영되었고, UN과 세계은행은 세계인도지원정상회의를 통해 인도적 지원, 개발 및 평화구축 사업을 연계하여 추진하고자 하는 ‘인도적 지원-개발-평화 넥서스(HDP Nexus: Humanitarian-Development-Peace Nexus)’를 채택하여 취약국 지원에 대한 새로운 방향성을 제시하였다. The international community has recently suffered from conflicts, disasters, and terrorism, from which fragile states suffer the most. With the increasing number of refugees and migrants from fragile states emerging as a major regional and global problem, the international society has begun to perceive that fragile states could pose a threat to international security. Furthermore, most of the fragile states face not only poverty but also human rights and security-related issues that prompt global concerns over fragile states hindering the international society from achieving development goals. Therefore, considering the Sustainable Development Goals(SDGs) adopted at the UN General Assembly in 2015, the international community began promoting strategic plans to resolve peace and human rights-related issues under SDG 16 “peace, justice, and strong institutions.” Emphasized at the World Humanitarian Summit 2016, the Humanitarian-Development-Peace Nexus(HDP Nexus) suggests new directions to support fragile states by connecting humanitarian aid, development, and peacebuilding practices and funding.

Coverage of Child Right Abuse in Nigerian Newspapers

Studying and analyzing the newspaper coverage on issues of children is sine- qua non to the overall development of Nigeria because it would serve as an insight into the conditions in which our children find themselves today and a guide for preparing them to be socially and spiritually responsible in the society. This study, therefore, analyzed the manifest media contents of two major newspapers in Nigeria namely Daily Sun and Punch (January-April 2017) with a view of ascertaining the frequency, depth, direction and prominence of coverage of reports on child rights in Nigeria. Based on the findings from the content analyzed newspapers, it was discovered that the select newspapers did not give adequate coverage on child rights abuse issues in Nigeria. Both newspapers did not give prominence to the stories reported as almost all were buried in the inside pages. The study recommends that Newspapers publishers in Nigeria should train reporters that will report daily on child right abuse so as to increase the visibility of child rights reports in the media. Also, Newspapers in Nigeria should give more prominence to child right abuse cases by placing them on the front pages of their editions and publishing periodic editorials on child rights related issues.

The EU: Power(less) in Statelessness? The Case of the Baltic States

Oleksandra Zmiyenko – MA Law, European Interdisciplinary Studies – College of Europe; Academic Assistant at the College of Europe, EU International Relations Department, Bruges, Belgium. Email: Oleksandra.zmiyenko@coleurope.eu
 Despite still being an emergent research area, statelessness has come to attract growing attention both from academics and among policy-makers. So far, this legal vacuum, that represents a violation of the right to nationality, and has consistently been perceived through the prism of other human rights-related issues. To avoid oversight, statelessness needs to be perceived as a distinct phenomenon and to be addressed as such on the policy-making agenda. The European Union has two overt examples of statelessness among its Member States: Latvia and Estonia. In these post-Soviet countries, statelessness emerged in conjunction with debates over state continuity and state succession. The main question to be asked is to what extent does the EU have leverage when it comes to addressing the problem of statelessness? In its Member States, where questions of citizenship fall under the national competences, the EU influence in this regard seems limited, which is even more apparent outside of the EU. However, for the countries with 'European aspirations', there are different ways to have an impact: either before or after accession. Given its terminological ambiguities and that possible solutions to statelessness may be offered from a diverse range of academic fields, the research methodology of this study is interdisciplinary: from legal to historical analysis. While conditionality imposed on the aspiring members has a clear outcome in terms of legislation changes, once these states have acceded, the EU tends to have less influence. Conditionality might serve as a possibility to address statelessness among the countries with 'European aspirations', while increased pressure to fulfil international obligations may be crucial in dealing with Member States.

Institutional culture and the work of human rights in Canadian museums

ABSTRACTThis paper examines the limits, challenges, and benefits to working with community partners on human rights related issues in different types of museums in Canada. Drawing from interviews conducted with heritage professionals from across Canada, this research finds the institutional culture of smaller gallery spaces provides the most fertile atmosphere for rights-related community project development. This success results from the combination of the institutional ethos being connected directly to the needs of the community, a focus on small-scale exhibitions, and a high degree of interdepartmental communication that takes place in smaller working environments.

PEACE AGREEMENT BETWEEN THE GOVERNMENT OF INDONESIA AND FREE ACEH MOVEMENT: ITS NATURES AND CHALLENGES

This paper will assess the progress and challenges of the peace agreement between the Government of Indonesian and Free Aceh Movement (MoU Helsinki) post the enactment of the Law on Aceh Government 11/2006 (LAG), particularly on the vulnerability status of MoU both in national and international legal system. Using normative approach and analysing data from local, national and international sources to describe the recent implementation of MoU. It confirms that after eleven years security and political aspect has been demonstrated, while economic and human rights-related issues remain left behind. Therefore this paper argues that the legalization of MoU in the international procedural system will ensure the compliance of agreement, and strengthen sustainable peace in Aceh-Indonesia context.

News Media Coverage on Human Rights Issues: Comparative Analysis of the Times of India and the Hindu

The media is a powerful tool to reform the society as it creates consciousness among the people regarding their rights and responsibilities. In a democratic country, media is essentially reckoned as an ombudsman, protector and agenda setter. In other words, media can ensure that the voices of the marginalised sections of the society be heard by governments. Although news media organisations can cover limited number of issues related to human rights violations due to the organisational limitations and pre-determined ideological tone of their respective organisations, the crucial role played by them in creating consciousness among people cannot be underestimated. As soon as print media give priority to news items related to human rights, it gets fomented and becomes the issue of public interest. Keeping in mind the importance of the media agenda, it has been attempted in the present study to investigate, understand and describe the content of various issues relevant to human rights in two mainstream National English dailies–The Hindu and The Times of India. Further, the study explores the existing frames in the news discourse through framing analysis technique. It is found that newspapers under study given more emphasis on negative aspects of human rights related issues. However, there has been a slight difference in tone of reporting between two newspapers under study while covering news related to human rights violations.

Human rights education in social studies in the Netherlands: A case study textbook analysis

Citizenship education is one of the main aims of the mandated subject of social studies in secondary schools in the Netherlands. Moreover, the learning outcomes of social studies refer to constitutional rights. Internationally, citizenship education and human rights education are considered to be mutually reinforcing. One may, thus, expect that Dutch school textbooks include elements of human rights education. This article presents the analysis of a popular social studies textbook in the Netherlands, applying a number of human rights education criteria. The study shows that basic information on human rights is lacking, despite ample opportunity to integrate such themes. Most worrisome is the conveyance of potential misinformation about human rights due to the chosen formulation of rights-related issues. This can, in part, be traced back to the textbook authors’ (mis)understanding of human rights.

Dansk Europamission, bibelsmugling og menneskerettigheder under den kolde krig

This article addresses an issue that, until now, has attracted very little interest in the historicalliterature: the smuggling of religious literature to Soviet Bloc countries. It makestwo claims. Firstly, that bible smuggling is a topic that historians ought to investigate.There are indeed a number of reasons to presume that bible smuggling was a significantCold War phenomenon. In a Western context, it involved numerous groups andindividuals in many different countries, it led to the establishment of transnational networkscooperating in terms of bible translation, production and distribution, and someof these groups and networks got involved in broader human rights related issues, suchas the International Sakharov Hearings, 1975-1985. Bible smuggling also mattered in theEast, as is testified by the propaganda efforts of the Soviet authorities in denouncing thisactivity. Documents from the Statsi archives indicate that East German authorities wereworried about the impact and the contacts established by the so-called Eastern Missions.Secondly, the need for scholarly research in this field is illustrated by the case of theDanish European Mission (DEM), established by Reverend Hans Kristian Neerskov in1964. DEM was the only Danish group to specialise in bible smuggling to the East duringthe Cold War. Impressive claims have been made in the Danish press concerning theallegedly huge effort made by Neerskov (“the Soviet Union’s ideological enemy no. 1”)and his group to help the religiously oppressed in the East. While this article does notseek to tell ‘the real’ story of the Danish European Mission, it does try to introduce somenuances into this ‘official’ story, demonstrating that some of the claims made on DEM’sbehalf are either wrong or at the very least unsubstantiated. The role and the impact ofbible smuggling has become yet another issue in the struggle about the Cold War, andserious enquiries into this field are called for.

Grievance handling at a foreign-owned mine in Southeast Asia

Across Southeast Asia, there are a range of complex human rights-related issues associated with resource extraction, including, regulatory architecture, institutional capacity, corruption, political freedoms, use of security forces, involuntary land acquisition and resettlement. At this stage, little is known about the degree to which these and other human rights considerations are being integrated into due diligence processes, or whether, in fact human rights due diligence is a being undertaken by businesses operating in the region. This article provides grounded insights about an operational-level grievance mechanism at a foreign owned mine in Southeast Asia. The authors argue that mining companies cannot claim neutrality in contexts where States exercise high levels of authority.

Human rights and international investment arbitration

Recent investment arbitration disputes have raised several human rights related issues, which do not form part of the traditional scope of investment treaties. Obligations in investment treaties can impair human rights if interpreted too broadly during arbitration. Therefore, it is necessary to determine whether investor-state dispute settlement (ISDS) tribunals are adequately equipped to resolve treaty disputes where the human rights obligations of states clash with a state’s investment treaty obligations. In some states, such as South Africa, there are competing interests between the state’s constitutional rights obligations and treaty-imposed investment obligations. In seeking to balance these competing interests and to ensure that the constitutional rights as well as responsibilities of the state are not undermined, this article proposes an interpretive approach in ISDS tribunals that applies a hybrid approach that considers both domestic and international law. The paper argues that the use of global administrative law principles, particularly the principle of deference, can achieve the consideration of both domestic and international law. In building this argument, the author explores the emerging trends in ISDS, such as new rules on transparency and public participation and the scope of their application, which has led to the claims that ISDS arbitration is undergoing a legitimacy crisis. This paper proposes an alternative approach where ISDS tribunals defer to domestic law when determining the content and scope of treaty obligations.