Serious Violations Of Human Rights Research Articles

Gender inequality in Japan: The status of women, and their promotion in the workplace

The Constitution of Japan, enacted in 1947, states that gender equality and human rights must be maintained and guaranteed. The constitution was ratified prior to the publication of the UN Declaration on Human Rights of 1948. Nevertheless, Japanese society is presently faced with a high level of gender inequality. In the field of diplomacy, the proportion of Japanese female ambassadors is 3%; in the House of Representatives, the proportion of female politicians is 10.1%. These numbers suggest that women are presently being excluded from decision-making processes – meaning that women's opinions are not being reflected in society, potentially leading to serious violations of human rights. This paper attempts to analyse and verify the reasons for this high level of inequality in Japan, which can be assumed to be deeply rooted in social norms. Using official statistical data, as well as detailed information describing the situation society faces, I analyse the gap between government policy concerning the rights of women and social reality.

Spanish

Transitional justice is a mechanism aimed at solving a conflict that has generated serious violations of human rights and international humanitarian law. Transitional justice presents a dilemma between the need to live peace and the need to achieve justice. Peace and justice, as human rights, are norms that seek an ideal realization, so before the claim to make several of them in the same case they come into conflict. Given the impossibility of dispensing with peace or justice, both rights must be interpreted and applied in the most optimal manner allowed by the circumstances. Due to the need to overcome the conflict, this problem requires a pressing solution to unite the interests of citizens and allow reconciliation. For example, in Colombia society is manifestly divided between peace and justice. Proportionality offers a suitable interpretive resource to this obstacle, as it is a method that addresses the context and seeks the idyllic and optimal realization of human rights. So its use for the study of transitional mechanisms is imperative in order to allow the realization of peace and justice.

Международные преступления и законодательство Нидерландов: стратегия имплементации

Introduction. The adoption of the Rome Statute of the International Criminal Court proved to be an important factor that stimulated a radical reform of national laws relating to the prosecution of international crimes. It allowed, on one hand, to considerably improve the mechanism for suppressing most serious violations of human rights the prosecution of which constituted a legitimate interest of both individual States and the international community as a whole, and on the other hand, to adequately implement the obligations of States under the Rome Statute. The Member States of the European Union have an effective experience in ensuring compliance of the national laws with the international treaty provisions concerning genocide, crimes against humanity and war crimes. Among them, the implementation model chosen by the Netherlands deserves particular scrutiny. The authors analyze the all-encompassing nature of this model with the focus on the criminalization of the international crimes, the regulation of matters relating to the criminal jurisdiction, the definition of the general principles of criminal responsibility for genocide, crimes against humanity and war crimes, and the interrelationship between the Law on International Crimes and other similar legal acts. Materials and methods . Materials used for the analysis include international documents, decisions of international judicial bodies, national legislation and judicial practice of Netherlands and other states, as well as the doctrinal positions of various authors. The methodological basis of the research consists of general scientific and special methods. Research results. The analysis of the substantive implementation of the Rome Statute by individual EU member states, in particular with the example of the national legislation of the Netherlands, has shown that the criminalization of international crimes at the national level makes a significant contribution to the fight against personal impunity for international crimes pertaining to jurisdiction of the International Criminal Court. Discussion and conclusions . The national legislation of the Netherlands, mainly the International Crimes Act is an attempt to create a legal regime that prevents impunity for perpetrators of international crimes, and also reaffirms that the norms of the Rome Statute are voluminous and fully implemented that allows the Netherlands to carry on an independent prosecution of defendants, excluding the possibility to transfer the case to the ICC.

Domestic Violence in the Postmodern Society Ethical and Forensic Aspects

The acts of violence, in all their forms, constitute a serious violation of human rights. Domestic violence is a particular phenomenon, considering the fact that its consequences affect the whole family, and its implications also have an important social component. Although in its original form it regards both man and woman in the role of victim, the much higher ratio in favor of women makes the name refer mainly to the aggression on the woman. This phenomenon is present throughout the world, in all social classes, both among the native population and among the emigrants. This paper highlights the postmodern approach to domestic violence. The authors discuss the general context of such acts of violence, the difficulties faced by victims in finding support, the difficulties faced by authorities in providing support, and the particular situation of the forensic doctor when examining the victims of this type of violence, through the ethical and professional framework. How to cite: Hanganu, B., Crauliuc, D., Petre-Ciudin, V., Velnic, A.A., Manoilescu, I., & Ioan, B. G. (2017). Domestic Violence in the Postmodern Society: Ethical and Forensic Aspects. Postmodern Openings, 8 (3), 46-58. https://doi.org/10.18662/po/2017.0803.05

Seventeen years of human trafficking research in social work: A review of the literature

ABSTRACTThe trafficking of persons around the world is a serious violation of human rights and manifestation of social injustice. It disproportionately affects women and children worldwide. Given the values of the social work profession and the prevalence of trafficking, it is essential to understand the current literature on human trafficking in social work journals. Using the PRISMA method, this systematic review (n = 94 articles) of human trafficking in social work journals found the following: more focus on sex trafficking than other forms of trafficking; a lack of a clear conceptualization and definition on the entire spectrum of trafficking; a lack of evidence-informed empirical research to inform programs, practice, and policy; and a dearth of recommendations for social work education. Specific implications for social work policy, research, practice, and education are highlighted and discussed.

LA LÍNEA DEL HORIZONTE TRANSICIONAL Y LOS PROBLEMAS DE PROCESAR CRÍMENES DE LESA HUMANIDAD EN MÉXICO: UN ANÁLISIS DE SUS DOCUMENTOS CLAVE

The situation in Mexico differs substantially from other forms of violence in the Latin American region. For this reason, the answer from the Criminal Law must accommodate to that Mexican novelty. This paper analyses how the perspective of transitional justice has been tackled by different sectors, both from the official side and the citizenry one, to deal with serious violations of human rights in the Mexican past and present, and the problems encountered by that transitional justice approach, especially the difficulty of applying International Criminal Law. It concludes by assuming the figure of crimes against humanity to face some of the gravest branches of human rights in Mexico, despite the procedural and material problems with which it would be applied, even nowadays, in the Mexican legal system.

El derecho a la verdad en las violaciones graves a Derechos Humanos. Caso San Fernando, México)

Es deber de todo Estado democrático garantizar el Derecho a la Verdad, mismo que deriva de los órdenes jurídicos nacional e internacional. A pesar de su reciente determinación, este derecho es de suma importancia al permitir el conocimiento de eventos que por su naturaleza ofenden profundamente no sólo a los individuos, sino a la sociedad e incluso a la humanidad misma. En México La principal garantía legal de este derecho, la constituye la Ley General de Transparencia y Acceso a la Información Pública (antes la Ley General de Transparencia y Acceso a la Información Pública, vigente cuando tuvo verificativo el caso que se analiza) que prevé la publicidad de las averiguaciones previas relativas a violaciones graves de Derechos Humanos, puesto que dichas violaciones exceden el interés particular a la privacidad. Empero, la redacción lacónica del texto legal no permite identificar la autoridad o instancia facultada para calificar la gravedad de las violaciones cometidas, sin obviar el debate sobre si es posible hablar de grados de gravedad entre las violaciones de los derechos fundamentales. La ausencia de una atribución legal específica a determinada instancia o autoridad anula el principio de máxima publicidad al que está sujeta la información gubernamental y obstaculiza el ejercicio del derecho a la verdad que debe gozar la ciudadanía de todo estado democrático ante situaciones de violaciones graves a los derechos humanos, como lo es la masacre ocurrida en San Fernando, Tamaulipas en 2010. Palabras clave: Derecho a la verdad, Violaciones graves a derechos humanos, Transparencia, Masacre San Fernando.

Italian colonialism in Somalia: issues of reparation for the crimes committed

Este artigo discute questões relativas aos instrumentos jurídicos disponíveis para a implementação do direito à reparação em relação à dominação colonial italiana da Somália. Em particular, inicialmente tenta-se identificar se alguns dos atos de violência cometidos pela Itália durante a ocupação colonial da Somália poderiam ser considerados como atos ilícitos internacionais no momento em que foram perpetrados. Passa-se então à questão de verificar se indivíduos possuem um direito à reparação e especialmente por quais meios eles, pelo menos em alguns casos, implementaram esses direitos. Algumas observações serão dedicadas à peculiar posição italiana sobre o direito da Imunidade Estatal em casos de sérias violações de direitos humanos e direito humanitário e o impacto que essa posição pode gerar na questão em análise. Por fim, são exploradas algumas soluções interestatais para reparação de crimes coloniais.

Women's protection public policies: evaluation of health care for victims of sexual violence.

Violence against women has increased over the years and is a serious violation of human rights. This study aimed to evaluate public policies, women's rights legislation and health care for victims of sexual violence. This is an exploratory and descriptive study, with interviews to professionals of the Care Center for Women Victims of Violence of Teresina-PI, and collection of medical records data of victims. We analyzed data in the light of legislation and guidelines recommended by the Ministry of Health, according to the established public policies. We noted an improvement of the Brazilian legislation and increasing intervention of government in order to control the violence. The evaluated service calls for the humanization of care, the principles of dignity, non-discrimination, confidentiality and privacy, avoiding exposure and distress of victims. Physical and gynecological examination are conducted, besides laboratory tests such as serological tests and collecting traces aiming at identifying the offender, as well as pharmaceutical care and multi-professional support. We can conclude that the current legislation and the guidelines and procedures recommended by public policies to protect women are effective in the referral service studied.

The Judgment of the Italian Constitutional Court on State Immunity in Cases of Serious Violations of Human Rights or Humanitarian Law: a tentative analysis under international law

http://dx.doi.org/10.5007/2177-7055.2016v37n74p97O artigo discute o julgamento 238/2014 emanado pela Corte Constitucional Italiana sobre Imunidade Estatal em casos de sérias violações a direitos humanos ou direito humanitário. O propósito é oferecer algumas reflexões críticas sobre a potencial relevância deste julgamente no posterior desenvolvimento do regime jurídico internacional em relação a imunidades estatais em casos de sérias violações a direitos humanos ou direito humanitário. Para melhor abordar esta questão, a análise será dividida em duas partes. Na primeira parte, será abordado o potencial significado do argumento adotado pela Corte. Na segunda parte, a abordagem da Corte Constitucional Italiana será avaliada, com foco na sua capacidade de afetar em uma maior dimensão o desenvolvimento da prática relevante.

Reconstructing the Notion of State of Emergency under Human Rights Law

Public unrest, terrorist attacks, natural disasters and events of equal severity have in recent years prompted states to declare state of emergency. Sometimes, the proclamation of a public emergency is necessary or at least defendable, for example a natural disaster may call for special measures which could not be taken with full respect to the rights for all the obligations under human rights treaties. In other cases, public emergencies can be used as a smokescreen for repressive government policies. Once the necessity for derogation is conceded, it becomes difficult to control whether the suspension of rights amounts to abuse use of power. Serious violations of human rights often accompany emergency situations. This study first sets out an analytical framework which seeks to answer two questions: what is the role of the sovereign, i.e. the legislative and executive branches of Government? What do states perceive as threats and what consequences will that have for their policies. Next the legislative framework as provided for in human rights regimes is described. The analytical and legal framework is applied to four recent cases: September 11, 2001; Arab Spring; Ebola outbreak in Western Africa and France 2015.

Chapter 3: Canada (From 'Comparative Counter-Terrorism Law')

This chapter sets out a general overview of key facets of Canada’s counter-terrorism law enacted between 2001 to 2015 and related case law. It addresses the definition of terrorism and new terrorism offences added to the Criminal Code in 2001; terrorism prosecutions and sentences; investigative powers of police and intelligence agencies (the Canadian Security Intelligence Service and the Canadian Security Establishment); the listing of terrorism offences or individuals; terrorism financing and related offences; immigration detention; the use of evidence obtained by torture; the role of the military and extra-territorial counter-terrorism activities; secrecy claims and evidence; and remedies for serious violations of human rights in the course of counter-terrorism. The chapter also contains a brief post-script addressing the content of bills C-44 (Protection of Canada from Terrorism Act) and C-51 (Anti-Terrorism Act, 2015).

Applying Universal Jurisdiction to Civil Cases: Variations in State Approaches to Monetizing Human Rights Violations

The principle of universal jurisdiction allows a state to exercise jurisdiction over a category of cases when the state has no connection by territory, nationality or other interest with the parties. While the concept of universal jurisdiction is not new, it has been almost exclusively applied to criminal matters. There has been relatively little focus the application of universal jurisdiction in the civil sphere as a means for victims to seek judgments and compensation for serious violations of human rights. This paper examines the theoretical distinction made by courts in the application of universal jurisdiction to civil cases and explores why the emerging norm of universal jurisdiction has been focused almost exclusively on criminal matters. The paper surveys the status of universal civil jurisdiction in US and European courts, examines how jurisdiction is limited by courts, and assesses the arguments for and against a civil basis of universal jurisdiction.

El incendio de la Cárcel de San Miguel, su veredicto absolutorio y las obligaciones internacionales de protección de los derechos humanos involucradas

This article presents arguments about the international responsibility of the Chilean State derived from the fire occurred in the San Miguel Prison, in which 81 internees died and other 13 result severely injured. Therefore the authors refer to the international law applicable in this case in relation to the persons deprived of liberty and the general obligations of the State in matter of human rights. Additionally, the conditions of imprisonment in Chile and specifically those of the San Miguel Prison are addressed. Finally, it is argued that the omissions in the duty of care of the agents of the State and the obligation of the Judicial System to sanction constitute serious violations of human rights of the persons deprived of liberty and their families.

El incendio de la Cárcel de San Miguel, su veredicto absolutorio y las obligaciones internacionales de protección de los derechos humanos involucradas

This article presents arguments about the international responsibility of the Chilean State derived from the fire occurred in the San Miguel Prison, in which 81 internees died and other 13 result severely injured. Therefore the authors refer to the international law applicable in this case in relation to the persons deprived of liberty and the general obligations of the State in matter of human rights. Additionally, the conditions of imprisonment in Chile and specifically those of the San Miguel Prison are addressed. Finally, it is argued that the omissions in the duty of care of the agents of the State and the obligation of the Judicial System to sanction constitute serious violations of human rights of the persons deprived of liberty and their families.

Keadilan Transisional Sebagai Upaya Penyelesaian Pelanggaran Berat Hak Asasi Manusia Di Indonesia

Grave violations human rights (human rights) which occurred in authoritarian countries pose victims of serious violations of human rights. As a result, during the transition from an authoritarian regime to a democratic regime came the serious human rights violations settlement demands voiced by victims of serious human rights violations and their heirs. Similar conditions also occur in Indonesia, which was once ruled by authoritarian regimes that use repressive laws to keep themselves in power in the period 1966-1998. Along reformasi in 1998, there was a period of transition in Indonesia, which brings the impact of reforms in all areas, including judicial reform.

Estimating the Costs of Torture: Challenges and Opportunities

Due to its nature, extent and consequences, torture is considered a major public health problem and a serious violation of human rights. Our study aims to set the foundation for a theoretical framework of the costs related to torture. It examines existing challenges and proposes some solutions. Our proposed framework targets policy makers, human rights activists, professionals working in programmes, centres and rehabilitation projects, judges and lawyers, survivors of torture and their families and anyone involved in the prevention and fight against this practice and its consequences. We adopted a methodology previously used in studies investigating the challenges in measuring and valuing productivity costs in health disorders. We identify and discuss conceptual, methodological, political and ethical challenges that studies on the economic and social costs of torture pose and propose alternatives in terms of possible solutions to these challenges. The economic dimension of torture is rarely debated and integrated in research, policies and programmes. Several challenges such as epistemological, methodological, ethical or political ones have often been presented as obstacles to cost studies of torture and as an excuse for not investigating this dimension. In identifying, analysing and proposing solutions to these challenges, we intend to stimulate the integration of the economic dimension in research and prevention of torture strategies.

The kimberley process certification system - KPCS and diamond production changes in selected African countries and Brazil

After more than a decade since its creation, the KPCS is undergoing questioning as to efficiency in combating the irregular trade of diamonds, among the countries with significant production for the global market, mainly Angola, the Democratic Re public of the Congo and Zimbabwe. Governments and institutions are considering it to be conducive to serious violations of human rights. In Brazil all activities of the sector have been reduced drastically. It is estimated that there has been a loss in Brazilian production, after implementation of the KPCS rules, in the order of 8.1 million Kts, valued at more than $ 2.0 billion.

Company-created remedy mechanisms for serious human rights abuses: a promising new frontier for the right to remedy?

This article identifies and analyses a new type of process by which corporations are seeking to directly remedy serious violations of human rights associated with their operations. We call this process a ‘company-created human rights abuse remedy mechanism’ (CHRM). We argue that while this new type of process is often discussed as an operational-level grievance mechanism (OGM), it differs in key respects from OGMs as they have been generally conceived. Typically, OGMs are viewed as early-warning, prevention-oriented, and dialogue-based complaint and resolution processes for a wide range of (often low-level) adverse impacts. In contrast, the new process we describe here is designed to provide a largely fixed remedy for a known class of past serious human rights violations, is more adjudicative than dialogue-based, and seeks to impose final settlement on claims. Drawing on a case study of a CHRM created by a Canadian company at a goldmine in Papua New Guinea to provide remedies to victims of sexual assault committed by company guards, we argue that while CHRMs may promise more accessible and convenient remedies, they may also entail unique and serious risks to rights-holders and the right to remedy. Such mechanisms should be subjected to heightened scrutiny because of the risks to victims’ rights inherent in a mechanism designed by a company to remedy adverse impacts associated with its own operations, and should be used only sparingly and in accordance with stringent safeguards. Future project-level direct remediation efforts would benefit from a shift towards mechanisms created and administered as a partnership between a company and affected communities.

Postupak rešavanja pritužbi u Ministarstvu unutrašnjih poslova

During the performance of increasingly complex and demanding security tasks, police enforce various powers in different environments and is influenced by many factors, which facilitate or hinder their implementation. Powers are exclusively established to preserve and protect human rights and freedoms, but there is a serious violation of human rights and freedoms, which occur with irreparable consequences. One of the modalities to increase the level of legality, professionalism and accountability of police officers is control. The focus of this work is the internal control of the police embodied in police oversight resolving complaints. The aim is to show the importance of the role of the control of the police, as well as the problem-oriented aspects perceive the way of keeping the complaint procedure and present certain difficulties and specificities that make its implementation. Also, the present work is aimed at determining the appropriateness of keeping the complaint procedure from the position of a citizen, who complains that his rights or freedoms are violated.