Human Rights Conditions Research Articles

The Management and Oversight of Human Rights Due Diligence

The COVID-19 pandemic showed how vulnerable workers in global supply chains are to adverse human rights impacts. Protecting such workers must be a primary policy goal in the efforts to “build back better” from the crisis, and businesses conducting human rights due diligence (HRDD) is a primary means to do so. In Europe, there is a fast-moving trend towards legislatively mandating HRDD and there is potential for similar movement in the United States. Whether HRDD will significantly improve human rights conditions, however, is an open question. Based on our experience with corporate compliance programs, it is clear that the management and oversight of HRDD is an essential factor in ensuring meaningful implementation, as opposed to corporations focusing on form over substance. This article identifies those key internal governance issues and provides advice on how best to ensure effective implementation. This article argues that for most corporations, the day-to-day management of HRDD best fits with the compliance function—not the legal function—and this new role could be part of the next step in the evolution of the compliance function. This article also discusses the role of the board of directors and how HRDD combined with recent developments in the law of fiduciary duties can push directors to engage in more rigorous oversight. In addition, this article discusses the types of information that are essential for supporting the management and oversight of HRDD.

Human Rights for the State and the State for Human Rights

Human Rights for the State and the State for Human Rights

The prevention of gender-based violence in Ethiopia in light of the three cycles UPR process

ABSTRACT The UN Human Rights Council has reviewed the human rights conditions of Ethiopia three times. In all cycles of review, Ethiopia has received many recommendations in relation to gender-based violence and harmful traditional practices. Accordingly, Ethiopia has accepted most of the recommendations and been implementing the accepted recommendations on gender-based violence. The purpose of this article is therefore to review the measures taken to implement accepted recommendations on gender-based violence. It also aims at exploring the successes and challenges of implementation of the recommendations.

The State of Human Rights in the African Post-Colonial Politics

"The aim of this study is to identify and critically assess the effects of appropriation of foreign political ideologies and practices in African political systems. This paper argues that there should be no leader, whatever his worth; look on his own personal problems to be exploited for the benefits of western’s Politics. Which will enable the African systems to develop, secondly, argues that Human Rights should be looked at to be an apportioned – responsibility, shared by both the former colonial powers and the current post-colonial political elites, rather than seeing Human rights promotion as yet another excuse to interfere or control other sovereign nations. The study will involve qualitative research involving reviewing other authors' literature, identifying current affairs, and critical assessing the ways in which neo-colonialism affects the different societies in transition from a colonial past to independence. The study is based on the fact that colonized countries, during the Cold War, suffered political oppression, economic exploitation, and social degradation, while alignment either with the capitalist or communist ideology failed. Currently there is a felt pressure to adopt a neoliberal ideology in order to access to have access to aid and investment. The study concludes with recommendations to third world leaders, to look at the people they lead as their responsibility, since no leader, whatever his/her worth, can replace the will of people. This results in a felt need to embrace democracy and such democratic values as: strong institutions, an independent judiciary and the separation of powers, individual and minority rights, and civil rights. Keywords: postcolonial politics, appropriation of foreign politics, human rights, principled values of democracy, the inability of African leaders "

English-3 The portrayal of Human Rights in Islam –Multi-perspective disposition

Abstract:
 This paper briefly sketches the nature, practices, and challenges of human rights from Muslim viewpoints. Historically, Islam is the pioneer of endorsing human rights. However, there are clashes between the Islamic and western concept of human rights, which has categorized human rights into various schools of thoughts. This debate has ignored realism and obscured the real essence of human values. The paper briefly analyzes the potential of human rights principles and their scope to serve as a mediator to improve human rights conditions. Although Muslim countries are facing severe human rights challenges due to social, cultural, political and economic forces, the concept of human values and justice, as portrayed by Islam is universal and has positive genesis to improve the global state of human rights upon embracement.
 

The Jurisprudence of Human Rights in a Global Context

This paper is a study of the conceptual dimensions of human rights gleaned from the writings of scholars and jurists, judicial precedent, and domestic and international human rights instruments, particularly under the United Nations System. Human rights have become an international subject and have today attained the status of a jus cogens rule of international law. The need to determine and clarify the history and dynamics of this subject has given impetus and inspiration to this paper. Applying a theoretical and doctrinal methodology, the paper set out to appraise the different dimensions, and for that matter ramifications, to the concept of human rights and how they affect our everyday life. The paper found, among other things, that human rights law and its observance are much more entrenched at the international forum than in domestic jurisdictions. The paper concluded that human rights issues are no longer a matter of domestic affairs of any nation in the light of extant international instruments to which nations are committed. It therefore recommended that national governments should be more sensitive and responsive to the growing status of human rights as an international subject.

INDIVIDUAL ISSUES OF THE ORGANIZATION OF STATE SUPERVISION (CONTROL) OF COMPLIANCE WITH LABOR LEGISLATION

The article considers the problematic issues of the organization of state supervision (control) over the observance of labor legislation. The urgency of the research topic is determined by the dependence of the state of human rights on the effectiveness of supervision and control by the state. The relevance of the study of legal relations in the field of state supervision (control) is determined by the fact that state control (supervision) over compliance with labor legislation and other regulations containing labor law is considered in the science of labor law as a jurisdictional way to protect labor rights and freedoms. The study of case law shows the ineffectiveness of state supervision (control) in the field of labor in connection with the violation of the procedure for such measures. The vast majority of court proceedings on administrative claims of business entities to the Territorial Departments of the State Labor Service on the recognition of illegal and revocation of the decision are decided in favor of business entities. The article pays special attention to the problematic issues of the procedure of implementation of measures of state supervision (control) in the field of labor, namely the grounds for the implementation of such unscheduled measures (inspection visits). During the inspection of an business entity, the State Labor Service must in any case follow the procedure for appointing and conducting such inspection, established by the legislation of Ukraine. Convention no. 81 (1947) does not provide for exceptions to bring business entities to justice based on the results of inspections violation of the procedure established by national law and the results of which do not give rise to legal consequences for business entities. The provisions of the draft Labor Code of Ukraine on the organization of state supervision over compliance with labor legislation are analyzed. On the basis of the analyzed normative-legal acts, amendments to the legislation are developed and offered, which will eliminate shortcomings in the organization and activity of subjects of supervision and control over observance of the labor legislation that as a whole will promote realization of the state policy in the field of effective employment.

Speaking Graffiti: Imaging Human Rights from Belfast to the West Bank

The human rights conditions of Northern Ireland and Palestine have been analyzed up, down, and sideways by a robust scholarly literature, this article provides a fresh approach to the analysis of media with respect to cultural aspects of human rights conundrums through images of localized as well as globalized “graffiti.” From the near universal influence of the painting of George Washington and company crossing the Delaware River, to brave but dangerous anti-regime graffiti in North Korea, the political nature of private artists operating in the public realm for human rights is recognized as a potentially destabilizing and regime-busting act. With a lens pointed on Palestine and Northern Ireland, we examine this cultural artifact’s power to get attention, obstruct persecution, and ultimately to mitigate some human rights abuses. How does such graffiti work? What are the similarities and differences in their power for enhancing human dignity through different times and places? We also look at the relationship of human rights graffiti to current political trends internationally. Images are used here as method of analysis that may help explain the broader implications of political graffiti for the study of a particular medium of transmission for the study of cultural and societal norms.

Economic, Social and Cultural Rights, Sustainable Development Goals, and Duties of Corporations: Rejecting the False Dichotomies

AbstractThe attention that the Sustainable Development Goals (SDGs) has given to public–private partnerships in solving global concerns including poverty, sustainable development and climate change has shed new light on the question of duties of corporations in relation to economic, social and cultural (ESC) rights. At the same time, objections to recognizing the obligations of corporations in relation to human rights in general and to ESC rights in particular have continued to be made. At the formal level, these objections are reflected in new distinctions such as between the duties of states and responsibilities of corporations, between primary duties of states and secondary duties of corporations, and between obligations of compliance and obligations of performance. All these objections and distinctions are untenable and serve only to stultify the discourse on business and human rights. The current state of human rights is dynamic, not static; commodious, not stale. There is ample space in it to accommodate duties of corporations regarding ESC rights.

The Iron Cage of Development: A Cross‐National Analysis of Incarceration, 2000 – 2015

Comparative studies on incarceration rely heavily on demand‐based explanations, suggesting that prison rates are driven by sentencing practices and the criminalization of certain activities. In turn, such theories are often tested against the backdrop of factors that regulate the supply of offenders and facilities. We agree that supply and demand factors may be proximate causes of prison population sizes, but that socio‐economic development is central to shaping the larger narrative. In this study, we identify a “criminological Kuznets curve,” whereby the association between incarceration rates and economic development is curvilinear, reaching its peak among middle‐income countries. Drawing from a sample of 680 observations across 111 countries during the 2000 – 2015 period, we find that incarceration is strongly associated with factors rooted in development, including crime rates, the age structure of the population, and democratization. We find that human rights conditions are positively associated with incarceration, which we interpret as a shift away from more severe forms of punishment (e.g., death penalty, torture) as societies modernize. Meanwhile, the effects of several other predictors (government expenditures and income inequality) are conditioned by a country’s level of development. Finally, when adding country fixed effects, we show that economic growth increases prison rates among low‐income countries, but reduces them among affluent nations, which directly contributes to the criminological Kuznets curve. Overall, we conclude that prison populations are shaped by both supply and demand factors, but that development processes help organize these relationships.

Human Rights of Women in Post Apartheid South Africa: Issues and Challenges

Women have historically been the most marginalised groups in South Africa, as their political, social, and economic circumstances are precarious. South Africa's post-apartheid constitution has several provisions to protect women's human rights, however enforcing the constitutional responsibilities remains a difficulty owing to different constraints. This paper deals with the status of human rights of women in post apartheid South Africa. The purpose of this paper is to analyse constitutional and legal provisions for the protection of socio – economic and political human rights of women. It also attempts to explore the real situation of women’s rights in independent South Africa. The article concludes some suggestions to overcome the challenges against women’s human rights in South Africa particularly after the apartheid era.

ЗАПОБІГАННЯ КАТУВАННЮ НА ТИМЧАСОВО ОКУПОВАНИХ ТЕРИТОРІЯХ УКРАЇНИ

The article reveals the content of armed aggression and the legal status of the temporarily occupied territories of Ukraine. Russia's aggression against Ukraine is considered in historical retrospect. Cases of torture and other ill-treatment on the temporarily occupied territories have been demonstrated in specific cases. The article examines the state of human rights on the temporarily occupied territories, namely the prevention of torture and other ill-treatment. Ways to prevent torture and ill-treatment in order to respect human rights and maintain the rule of law have been identified. The author determined that system of counteraction to aggression of Russia, which consists the political, legal and economic means, includes the prevention of torture and ill-treatment.The author notes that the adoption of UN GA resolutions and other documents of the Committee of Ministers of the Council of Europe, the Parliamentary Assembly of the Council of Europe, the Organization for Security and Co-operation in Europe are new elements of increasing legal pressure on Russia. The submission of interstate applications by the Government of Ukraine to the European Court of Human Rights against the Russian Federation is one of the effective means of preventing torture. The article reveals the impact of expert and advocacy activities of non-governmental human rights organizations on the prevention of torture and the state of human rights on the temporarily occupied territories. It is noted that maintaining contacts with the citizens of the Autonomous Republic of Crimea, constant informing, as well as obtaining information by the Ukrainian side on the state of human rights in the temporarily occupied territory provides an opportunity to partially prevent such violations and allow future reintegration of these territories. Keywords: prevention of torture, temporarily occupied territories, armed aggression, observance of human rights.

Ensuring Vaccine Equity, Erasing Vaccine Nationalism: Upholding the Human Rights and Justice Framework

COVID-19 has shown that today the world is more interconnected, yet it is more hierarchical and stratified riddled with disproportionate systemic structural socio-economic inequalities. The global humanitarian disaster has highlighted the despaired state of human rights affairs across the planet. It has exposed the supremacy of the neoliberal, nationalist paradigm that is deeply entrenched affecting the poorest of the poor. The pandemic has also indicated how capitalism is eroding democratic values endangering the lives of billions. Today, the high-income countries and the pharmaceutical companies are advancing their strategic interest, whereas the persons in the middle and low-income countries are being deprived of their basic requirements. Inequities in vaccine distribution are obstructing the effective response to the pandemic at the global level. Discrimination in access to the vaccine is adversely affecting the marginalized. This essay argues for respecting human rights as global health justice and suggests affordable, accessible, and quality vaccination and treatment for all in line with reasoning that health inequalities and cross border issues are morally and ethically troubling and therefore are morally justified. Based on positive duties to create conditions for the availability of health rights for all humans, it argues that no rich country or resourceful persons will be safe until the last person is safe. These moral duties, in turn, generate duties of cooperation and obligations at international and domestic levels to better align with the principles of global health governance. Leaving a large section of the population in the Third world behind is not going to eliminate the threats of the spread of the epidemic.

Status of human rights in contemporary India: a study of trends in incidents of violation, judicial developments and institutions (2014-2019)

Human rights are fundamental rights of all human beings, regardless of race, sex, nationality, ethnicity, gender, faith, etc. Human rights include the right to live with dignity and liberty, right to education and work, freedom of speech and expression, freedom from oppression and slavery, and many more. Everyone is entitled to these rights, without discrimination. Although concept of human rights is not a very new thing for Indian civilisation, it is rooted there in our culture. At the same time, Indian society would had been probably one of the worst societies in the world practicing number of social evils degrading the life and value of human beings - like caste discrimination, sati prathta etc. Human rights in India underwent lot of ups and downs. Post-independence, most of the human rights as declared by UDHCR were reflected as Fundamental Rights in Indian Constitution, which was adopted on 26 January 1950. We also witnessed a number of historical judgements which further strengthened human rights in India. The last five years remained in news for various new trends in both - violations as well as strengthening of human rights in India. The paper attempts to outline such recent trends in last five years (2014-2019) in India.

Status of human rights in contemporary India: a study of trends in incidents of violation, judicial developments and institutions (20142019)

Human rights are fundamental rights of all human beings, regardless of race, sex, nationality, ethnicity, gender, faith, etc. Human rights include the right to live with dignity and liberty, right to education and work, freedom of speech and expression, freedom from oppression and slavery, and many more. Everyone is entitled to these rights, without discrimination. Although concept of human rights is not a very new thing for Indian civilisation, it is rooted there in our culture. At the same time, Indian society would had been probably one of the worst societies in the world practicing number of social evils degrading the life and value of human beings - like caste discrimination, sati prathta etc. Human rights in India underwent lot of ups and downs. Post-independence, most of the human rights as declared by UDHCR were reflected as Fundamental Rights in Indian Constitution, which was adopted on 26 January 1950. We also witnessed a number of historical judgements which further strengthened human rights in India. The last five years remained in news for various new trends in both - violations as well as strengthening of human rights in India. The paper attempts to outline such recent trends in last five years (2014-2019) in India.

MINORITY RIGHTS IN CENTRAL ASIA: INSIGHTS FROM KAZAKHSTAN, KYRGYZSTAN, AND UZBEKISTAN

This paper explores the state of minority rights in the three Central Asian countries of Kazakhstan, Kyrgyzstan, and Uzbekistan. These countries share a lot of similarities in terms of their post-Soviet authoritarian legacy and weakness of democratic institutions. The repressive political landscapes of the Central Asian states have taken their tolls on minority groups, leaving them discriminated against, mistreated, and severely disadvantaged. Minority rights violations range from ethnic and religious discrimination to state-sponsored homophobia. Even though the leadership changes have positively affected the state of human rights in the three countries, there is still a slow pace of reforms. Overall, domestic changes in Uzbekistan, Kazakhstan, and Kyrgyzstan have not yielded considerable results so far in terms of alleviating the plight of minority groups across these countries.

Democratic Services, Secular-Traditional Value Orientations and Satisfaction with Democracy: A Comparative Analysis of India and Pakistan

This paper studies the association between democratic services and satisfaction with democracy in India and Pakistan. It extends upon the political support and secular-traditional values orientation literature to suggest legitimacy consequences of democratic services and values orientations. Through the lens of performance theory literature, it argues that an increased supply of democratic services such as the state of human rights and freedom of choice would positively affect the satisfaction with the democracy in the two countries. Then mobilizing the modernization theory literature, it suggests that the relationship between democratic services and satisfaction with the democracy would be moderated by the secular-traditional values orientations. The estimates produced through OLS analyses of the cross-sectional data from the 2012 World Values Survey data showed that of the two measures of democratic services, the respect for human rights produced more salient effects on satisfaction with the democracy in India than in Pakistan. Freedom of choice produced significant yet independent effects only in India. Secular-traditional value orientations operationalized as only my religion is acceptable did not produce any direct effect in the two countries. Nevertheless, such orientations moderated the relationship between freedom of choice and satisfaction with the democracy in different fashions.

Dinamika HAM dalam Perbincangan Tiga Dimensi: Tinjauan Konseptual dan Praktis

<p><em>Human Rights (HAM) has achieved a lot of progress as well as a stalemate. The human rights condition at these two points also shows human rights dynamics concerning various dimensional contexts. This article explicitly discusses the significant dimensions of the dynamics of human rights. Based on a critical literature review and practical reflection, this study proposes two three-dimensional analysis models of human rights dynamics at both global and national levels. The first model deals with the historical, theoretical, and practical dimensions of human rights dynamics. The second model explains the normative-philosophical, political, and sociological dimensions of the dynamics of human rights. This article consists of several sections, including an introduction, an analytical framework, the two</em><em>-</em><em>dimensional model of human rights dynamics, and </em><em>a </em><em>conclusion.</em></p><p><em> </em></p><p><strong>Keywords</strong>: <em>Human<strong> </strong>rights, Human rights dynamics, State, R2P, Citizen</em><em></em></p>

Seeking a “Better Life” in Turkey: Afghan Refugees’ International Human Rights Condition in Turkey

Turkey hosts the vast majority, more than four million, of refugees in the world, and Afghans make up the second-largest group of this population. Turkey is considered both a transit, a gate toward European countries, and a destination country for refugees due to its geographical position. Nevertheless, the majority of asylum seekers in Turkey are Syrian who have moved into since 2011. The author claims that Turkey and international refugee supporters prefer Syrian refugees’ legal protection, which causes Afghans to suffer massive violations of basic human rights during their journey to Turkey, after arrival, and while seeking refugee status in Turkey. This paper considers current condition of Afghan asylum seekers’ international human rights in Turkey who are waiting for their final destination toward European countries. Similarly, this paper highlights the possible consequences of current strategies’ application on Afghan refugees’ human rights conditions based on UNHCR's most recent system. The author includes practical recommendations and suggestions for international society as well as Turkey to enhance the human rights condition of refugees, especially Afghans, since this concept requires global cooperation rather than only Turkey’s efforts.

The 2020 United Nations human rights treaty body review process: prioritising resources, independence and the domestic state reporting process over rationalising and streamlining treaty bodies

ABSTRACT This article reflects concerns about what may emerge from the United Nations human rights treaty body (TB) review process that began in April 2020. The fear specifically is what the outcome of that review may be and whether the goal of strengthening and/or streamlining TBs will actually result in a less robust state oversight and human rights compliance methodology in the future. Already TBs have been weakened by being granted fewer resources, which causes strains on the system, and by steps to make the procedures easier, less cumbersome, less duplicative, less time-consuming, and less resource-intensive for states. This article maintains, however, that more emphasis ought in fact to be placed on enhancing the resources available to these institutions, and on strengthening their roles in a variety of ways, including by increasing their independence as a means to improve their performance. It claims that if streamlining TBs means reducing what impact these bodies can have, this ought to be avoided. The article also stresses that if the domestic component of the state reporting process is enhanced, and the national follow-up procedures and processes further developed, the TB process will see improvements, both in its functioning and in its role in promoting and protecting human rights in states. It is thus reasoned that the global push to create and promote national reporting mechanisms ought to be supported.