Role Of Human Rights Research Articles

Human Rights System Guidelines on the Benefit from Scientific Progress in Access to Medicines

Abstract Health innovation and research has become an economic and profitable activity. Market practices have exposed inequalities, scarcities and inequities in access to treatments and have significantly reduced the decision-making power of governments in the field of public health. Documentary research on the human right (HR) to health (Art. 12) and its interrelationship with the right to benefit from scientific progress (Art. 15, b) of the International Covenant on Economic, Social and Cultural Rights (CESCR) on access to medicines in three bodies of the UN system - the ICESCR Monitoring Committee (CESCR), the Human Rights Council (HRC) and World Health Organisation - over the last 10 years. The documents address three main topics. Market: marketing restrictions, price controls and using flexibility in pharmaceutical patents to reduce costs and produce generics. Innovation: patent protection without barriers to access to medicines for people in need. Health system interventions: giving priority to economic efficiency and sustainability by institutionalising health technology assessment, selecting essential medicines, developing clinical guidelines and integrating and linking regulatory agencies. These normative guidelines minimise the ethical, political and legal dimensions of the human right to enjoy scientific progress in access to medicines as a priority value that should guide public and private action, and emphasise technocratic and financial measures that seek to reconcile the liberal and social logic of the ICESCR. Key messages • In order to maximise the guarantee of human rights in access to medicines, economic and financial considerations should play only a residual role in human rights. • To give countries greater decision-making power at the global health, the scope of the right to benefit from scientific progress and its applications in health care needs to be expanded.

Too Big to Remedy? What Climate Cases Tell Us About the Remedial Role of Human Rights

Abstract As the European Court of Human Rights (Court) considered the human rights impacts of climate change for the first time, its initial climate cases issued an invitation to think beyond climate change, and to interrogate key aspects of how the Court deals with systemic or societal problems. While its ruling in KlimaSeniorinnen v Switzerland presented much-discussed innovations in terms of the Court’s treatment of the admissibility and merits of climate cases, and especially in terms of the victim status test, the ‘tail’ end of the Court’s violation judgment has not received sufficient attention. Here the Court had a particular opportunity to respond to the structural nature of climate change. Its deferential remedial findings relate to the Court’s understanding of reparation and its own role, which in turn shape its willingness to open its remedial toolbox. The present piece interrogates the remedial options available in climate cases, focusing particularly on the KlimaSeniorinnen case to re-examine the idea that some issues are simply too extensive or too complex to receive scrutiny – or a remedy – from a human rights institution such as the Court.

Co-production with Disabled People during the Pandemic: The Creation of a New Political Discourse that Acknowledges the Role of Human Rights in Policymaking in Wales?

Co-production with Disabled People during the Pandemic: The Creation of a New Political Discourse that Acknowledges the Role of Human Rights in Policymaking in Wales?

Striving for Peace: Addressing Human Rights Challenges in UN Peacekeeping Operations

United Nations (UN) peacekeeping operations have been pivotal in global efforts to stabilize conflict zones and mitigate violence for over seven decades. Utilizing soldiers, police personnel, and civilian peacekeepers from diverse backgrounds, these missions aim to implement multidimensional mandates while upholding international legitimacy. Beyond traditional roles of maintaining peace and stability, modern peacekeeping endeavours encompass a spectrum of responsibilities, including civilian protection, demobilization, and human rights enforcement, thereby fostering the transition from conflict to peace. However, amidst these noble goals, the UN has faced persistent criticism regarding human rights violations and sexual abuse by peacekeepers. This paper delves into the UN’s efforts to address legal and policy concerns, ensuring human rights protection and restoring the integrity of peacekeeping. It examines normative frameworks guiding peacekeeping missions and the evolving role of human rights therein. Despite advancements, challenges persist, including ambiguous mandates, political discord, and accountability deficits. Ambiguities in\ conceptual frameworks further complicate operationalization, necessitating clarity and coherence in mandates and implementation.Recommendations for improvement include prioritizing civilian protection and human rights, fostering political consensus, and addressing discrepancies in resource allocation. Additionally, measures to ensure accountability, including penalties for troop-contributing countries and re-evaluation of peacekeepers’ immunity, are vital. In conclusion, while UN peacekeeping remains indispensable in global peace efforts, addressing human rights violations and enhancing accountability are imperative to uphold its integrity and effectiveness.

Regulatory pathways to green energy transition for sustainable environment: The fostering role of human rights, banking sector development, economic complexity, and economic freedom

Green energy transition directly contributes to Sustainable Development Goals 7 and 13, which are among the 17 development goals determined by the United Nations. However, what are the determinants of this green energy transition? Researchers' answers to this question will assist in formulating policy prescriptions that will enable concrete steps toward achieving these goals. This study investigates how the development of the banking sector, human rights, economic complexity, and economic freedom affect the green energy transition in China, which is the biggest emitter of greenhouse gases globally but is also one of the leading countries in renewable energy production. The study covers the years 1995–2022. Advanced time series analysis methods were employed, and robust results were reported. According to the findings, Economic Freedom, Human Rights, and Economic Complexity have increased the transition to green energy in China. No effect of banking sector development was found. The country should improve economic freedom and human rights and increase knowledge/innovation-based production to accelerate China's transition to green energy and contribute to environmental sustainability.

ASSESSING THE ROLE OF HUMAN RIGHTS IN THE EUROPEAN UNION'S ENLARGEMENT POLICY TOWARDS CANDIDATE COUNTRIES

This article explores the role of human rights in the process of enlargement of the European Union (EU) and its impact on candidate countries. The EU pays considerable attention to the protection and promotion of human rights, making them a fundamental aspect of its values and principles. Through the adoption of framework conditions such as the Copenhagen Criteria, the EU evaluates the acceptability of candidate countries based on their commitment to democracy, the rule of law, human rights and minority rights. The article highlights the progress made in promoting human rights in the EU enlargement process and discusses the importance of effective monitoring and dialogue mechanisms to ensure compliance with human rights standards. The EU uses tools such as progress reports and assessments to assess the progress of candidate countries and engage in constructive dialogue to promote necessary reforms. To analyze the impact of human rights on the EU accession process, this study focuses on three candidate countries: Albania, North Macedonia and Bosnia and Herzegovina.

The Human Right to Land: A Peasant Struggle in the Human Rights System

Abstract Control and access to land are major concerns for peasants of the global south who face the longstanding consequences of colonialism and recent ‘land-rush’. What is the role of human rights in this peasant struggle? The UNDROP marks the international recognition of the right to land. However, as the very project of human rights is facing criticism and the effectiveness of this recognition remains uncertain, the question of whether using the human rights framework is even desirable arises. Arguing for a broader understanding of the actors and processes involved in the application and evolution of human rights, I explain that the process of obtaining the recognition of the right to land involved the mobilisation and re-modelling of human rights by grassroots organisations. I explore the potential of this mobilisation to transform common understandings of human rights, and its distinctive ability to support the necessary paradigm shift to transform peasants’ lives.

Critical human rights research

What constitutes human rights research? This article provides an overarching understanding of what human rights research is, or could be, by applying the philosophical research paradigm of critical theory to the field. It argues that human rights research should adopt a critical stance, steering clear of both “activist” and “value-neutral” approaches, as these might impede progress in figuring out the best ways of safeguarding human rights. In contrast, the critical approach preserves the vital role of human rights as a critical corrective to prevailing practices. As such, critical human rights research is explicitly normative, emancipatory, and interdisciplinary. Besides outlining a specific mandate for human rights research, the article illustrates how existing research in this domain can be situated and comprehended within the framework of critical theory.

The Gender- and Sexuality-Based Harms of Refugee Externalization: A Role for Human Rights Due Diligence

Abstract Refugee externalization arrangements are increasingly common in refugee-receiving global North States. Such arrangements have broad-ranging and significant human rights implications, especially (but not only) for refugee women and LGBTQI refugees who may be at increased risk of gender- or sexuality-based harm. This is particularly the case where refugees are placed in situations of risk or harm as a result of a ‘sending’ State’s extraterritorial regime, or where domestic laws in receiving States outlaw certain practices such as pregnancy termination or same-sex sexual activity. There has been limited scholarly analysis of the gendered impacts of externalization policies, and States rarely take into account the gendered implications of externalization when implementing these policies. This article examines the possibilities and limits of international human rights law to protect refugees at risk of gender- and sexuality-based harms through a focus on States’ positive due diligence obligations. While there is limited jurisprudence on the scope of such obligations in the context of refugee externalization, the article emphasizes that due diligence human rights obligations require sending States to adopt effective measures to protect people from unlawful discrimination and from cruel, inhuman or degrading treatment. Due diligence obligations also offer a vital accountability mechanism for violations in extraterritorial settings through their potential preventative, remedial, and visibility functions. Using the case study of Australia’s extraterritorial asylum regime in the Pacific, the article argues that such obligations encompass identifying and addressing foreseeable risks of gender- and sexuality-based harm, both prior to forcibly transferring refugees abroad and on an ongoing basis. Further, it argues that the gender- and sexuality-based human rights impacts of Australia’s externalization regime have immediate and urgent relevance as other States consider or implement similar policies.

‘We Must be Focused and We Must Organise’: Gender, Conflict and Human Rights Activism in Balochistan

Although often overlooked and underestimated in official accounts, female activists play an important role in human rights and liberation movements worldwide. While women’s roles and experiences in the struggle for rights and liberation worldwide have been discussed in numerous publications, there is a lack of academic literature on the roles of women in the Baloch movement in Pakistan. Using a collaborative autoethnographic, dialogic approach, this article, which is based on a conversation between three researchers, practitioners and activists from Balochistan, other parts of Pakistan, and Europe, explores the motivations and experiences of women defending the human rights of the Baloch people in Pakistan, as well as possibilities for various types of solidarities (based on international, feminist, Muslim and interethnic alliances) in Pakistan and beyond. It shows how gender, age, ethnicity, class and location impact female activists’ experiences of activism, and outlines challenges and opportunities when it comes to building national and international alliances in support of the movement for Baloch rights in Pakistan.

Role of Human Rights in International Investment Arbitration

Role of Human Rights in International Investment Arbitration

The role of human rights in sport education: a call towards a new curriculum

ABSTRACT The role of sport as a contributor to sustainable development and human rights is well established. However, evidence on sports professionals’ understanding of its contribution and their readiness to maximize its impact in this field is insufficient. This study aimed to ascertain sports practitioners’ understanding and application of human rights principles in and through sport and to explore the extent to which individual and contextual factors can influence the inclination to adopt a human rights-based approach. An international sample of 151 sport-related practitioners (56% male, 43% female, and 1% preferred not to say), ranging from age 18 to over 65, including teachers, coaches, and academics, completed three validated questionnaires on sport and human rights designed for the study (RITES-Q, RITES-SE, and RITES challenges). The questionnaires included standardized measures of social dominance and personality (the SDO-7 scale and the 10-item personality inventory) and some open-response questions exploring instances of sports’ association with human rights. Results show that while sports practitioners acknowledge sport's impact on promoting human rights, there were significant differences based on age, gender, educational level, personality traits, and social dominance orientation. Given the situational and dispositional variation in responses, we argue that it is important to establish a systematic approach to include human rights principles in the education curricula of sports-related professionals. To conclude, we call for the inclusion of three key elements of human rights education in sport curriculums: (a) knowledge about fundamental human rights; (b) learning through human rights in sports-based interventions; and (c) empowering for human rights in the sport sector.

EKSISTENSI PENGADILAN HAM DALAM PENYELESAIAN KASUS PELANGGARAN HAM

The issue of upholding human rights always goes hand in hand with the issue of law enforcement, where this is one of the crucial things that is most often complained about by citizens at the moment. Namely weak law enforcement. The application of law to human rights violations in Indonesia is guided by Law no. 26 of 2000 concerning Human Rights courts, where in this law it is stated about ad hoc courts which are used to try human rights violators in Indonesia. The aim of this research is to find out the role of human rights courts in resolving human rights violations. The method used is a research method using normative legal research methods. The research results show that the Human Rights Court is a tool that can be used to resolve cases of human rights violations, especially serious human rights violations. The Human Rights Court has the authority to examine and decide cases of human rights violations, including settling cases involving compensation, restitution and rehabilitation in accordance with statutory regulations.

Samuel Moyn and Marcel Gauchet on the Relationship Between Human Rights, Neoliberalism, and Inequality

ABSTRACTThis article focuses on the acclaimed interconnections between human rights, inequality, and neoliberalism. I first turn to the thought of one of the most influential scholars on the question, historian Samuel Moyn. I unveil a hitherto unacknowledged shift in his historical-political approach to human rights: from a focus on what I shall refer to as a critique of ‘political minimalism’ in The Last Utopia (2010) to a focus on economic minimalism in Not Enough (2018). This is the article’s first, historical aim. The second aim is to criticize Moyn’s more recent position. I unpack my argument by drawing on one of Moyn’s most important sources of inspiration: French social philosopher Marcel Gauchet. Gauchet’s conceptualization of the role of human rights in late modernity (the 1970s and onwards) played a crucial role in Moyn’s first 2010 study; in his last publication, it plays a much more marginal role. I maintain that Gauchet’s analysis highlights the limits not only of Moyn’s latest publication but of the dominant strands in the current Anglophone debate on human rights and inequality more generally. The drawback of the debate, and thus Moyn’s intervention, is that it disregards the relationship between human rights and equality—in contrast to its great focus on human rights’ relationship to inequality—in late modernity. The strength of Gauchet’s approach is that it highlights the potentiality of taking the relationship between human rights and equality into consideration when attempting to conceptualize the relationship between human rights and neoliberalism.

Balancing Legalism and Pragmatism: A Qualitative Content Analysis of Human Rights Language in Peace Agreements

Abstract In recent decades, the role of human rights in peacebuilding has been the object of scholarly and practitioner debate. Some commentators criticize human rights for being inflexibly legalist and for lacking pragmatism regarding the domestic implementation of international law. Other scholars support the inclusion of human rights provisions in peace agreements, as central to sustainable peace. Which account—the legalist or the pragmatist—is indeed more accurate in the context of the language of peace agreements? This research draws on the scholarship on peacebuilding and human rights to offer a qualitative content analysis of human rights provisions in 357 peace agreements signed from 1990 to 2020. The analysis finds that, in peace agreements, some human rights provisions can serve a wider range of peace-related purposes that go far beyond a legalist purpose while still advancing the importance of alignment with international law. The findings are important, suggesting that our quest for the causes of human rights implementation failures might have to move past a critique of the language of human rights and look elsewhere for factors explaining non-compliance with international human rights.

The EU’s International Relations in the Practice of Criticizing the Human Rights Record of Russia

Abstract The European Union’s international relations are organized into a series of practices that regulate its relationships with the third states, including with Russia. The primary practice is that of ‘criticizing’ the human rights record of Russia, and this represents a major part of the EU’s engagement with Russia. This article analyses the practice of EU criticism of Russia regarding its implementation of human rights norms and values as a case which helps define the role of human rights in EU-Russia relations. It proposes that the EU’s transformative power over Russia has been minimal. It further argues that the success of the practice of criticizing human rights records has been limited to the institutionalization of EU-Russia cooperation in this area.

Human Rights in Timor-Leste’s Struggle for Independence

This article investigates the role of human rights in Timor-Leste’s struggle for independence from Indonesia. It examines the context within which Timor’s Resistance movement began to employ human rights in the 1980s. It considers how human rights were used by Timor’s Resistance and the effects of this employment on the movement, using the Timor case to make larger arguments about the nature of human rights and human rights activism and about the relationships between human rights, anti-colonialism, and the right to self-determination.

History and Approaches to Heritage Studies, Pedagogy and Practice in Heritage Studies

History and Approaches to Heritage Studies, Pedagogy and Practice in Heritage Studies

Bias in Social Media Content Management: What Do Human Rights Have to Do with It?

In a global context where political campaigning, social movements, and public discourse increasingly take place online, questions regarding the regulation of speech by social media platforms become ever more relevant. Companies like Facebook moderate content posted by users on their platforms through a mixture of automated decision making and human moderators. In this content moderation process, human rights play an ambiguous role: those who struggle with marginalization may find a space for expression and empowerment, or face exacerbation of pre-existing bias. Focusing on the role of human rights in Meta's content management, this essay explores how the protection of speech on social media platforms disadvantages the cultural, social, and economic rights of marginalized communities. This is not to say that speech on social media platforms is devoid of emancipatory potential, but that this potential is not uniformly or equally accessible. We see the incorporation of human rights considerations into decision-making processes as an avenue for alleviating this challenge. This approach faces obstacles from the platforms’ business models, which decenters human rights concerns, and from the limitations of liberal accounts of human rights. From within and against these constraints, human rights can be mobilized as emancipatory power in an effort to decrease marginalization.

Indigenous Peoples and Local Communities’ Mobilisation to Regain Control: The Role of Human Rights

Indigenous Peoples and Local Communities’ Mobilisation to Regain Control: The Role of Human Rights