Systematic Human Rights Research Articles

“The state has a debt to us, it ended our dreams, our life projects”: Reconstructing life projects after torture

Introduction: The concept of ‘life project’ is at the core of several decisions in the inter-American human rights system. The concept has also become part of the legal consciousness of torture survivors in Peru and is often referred to when they describe the impact of torture and imprisonment on their lives and on the lives of their children. Methods: The paper is based on qualitative interviews with seven Peruvian torture survivors. Results: The concept of ‘life project’ has been included in the legal consciousness of torture survivors in in Peru, and is used to address the ways in which torture and imprisonment has impacted not only on the life project of the person targeted, but also on the lives of their children. The interviewees describe damage to their life project both regarding health and the impact of stigma, but place special emphasis on the ways in which the life projects of their children have been impacted: as a result of being imprisoned, they have been unable to take care of their children for longer periods of time, their children have been subjected to violence, and they have had less access to education. Still, the interviewees describe how they reconstruct their life projects, as well as how the concept of life project serves as a starting point for demanding reparations. Discussion: The concept of “life project”, originating from the inter American Court of Human Rihgts, is useful for grasping how peoples’ lives are impacted by imprisonment and torture, and has become part of the legal consciousness of persons affected by serious and systematic human rights violations in Peru.

The Italian Nazi Crimes Reparations Fund and Judicial Protection: Navigating the Drawbacks of Judicial Responses to Mass Crimes

Abstract Reparations for mass crimes and systematic human rights violations are inherently complex endeavours and can be approached through various means. At the domestic level, a fundamental distinction can be made between judicial and administrative remedies, each with its own advantages and drawbacks. The present contribution focuses on the “Nazi Crimes Reparations Fund” established by the Italian government to provide redress to Italian victims or victims of crimes committed on Italian territory by the Third Reich during the period between 1 September 1939 and 8 May 1945. This Fund has a peculiar relationship with judicial proceedings. On one hand, eligibility to receive compensation through the Fund is contingent upon victims obtaining or intending to obtain a final judgment against Germany based on a claim filed by 31 December 2023. On the other hand, the Italian Decree-Law establishing the Fund precludes any continuation or institution of enforcement proceedings stemming from judgments that condemn Germany to award compensation to WWII victims of Nazi crimes. In practice, a judgment awarding compensation entitles victims to access the Fund, which is intended to be the sole means of execution. The main purpose of the present paper is to reflect on the nature of this legislative measure, especially concerning its relationship with – or rather, dependence on – judicial proceedings. The paper highlights how judicial remedies for mass human rights violations may raise concerns about both financial sustainability for the State and equality among victims.

Russia's Abduction of Children in Ukraine War and Applicability of UN Genocide Convention

The purpose of this paper is to investigate whether Russia's abduction of Ukrainian children falls under the provisions of genocide under international law and to suggest the political implications of Russia's abduction of Ukrainian children. Through this paper, it was pointed out that Russia's policy to annihilate Ukraine's identity in occupied areas before the invasion of Ukraine in 2022, that is, after Russia's occupation of Crimea in 2014, has been continuously implemented, and has been rationalized domestically through the Russian media. The policy of kidnapping Ukrainian children to erase their memories of their homeland and change their mother language to Russia is not just a cultural assimilation policy, but a international crime that is equivalent to “genocide” that forcibly transforms the ethnic character of a group. Today, there is little disagreement on the fact that the prohibition of serious, continuous and systematic human rights violations by the state and the prohibition of genocide have developed into norms under common international law. However, it can be said to be exceptional in that there is no precedent for an international court trial on child abduction after World War II, and there has been no opportunity to recognize its seriousness. Nevertheless, the international community should realize the seriousness of the crime of child abduction in the wake of the Ukraine war and not neglect to hold the kidnappers accountable.

Human Rights and Transitional Justice in the Maldives: Closing the Door, Once and For All?

In 2020, the Maldives instituted a transitional justice process to address decades of systematic human rights abuses including the widespread use of arbitrary arrest and detention, torture, and the forced depopulation of entire island communities. While the country’s decision to confront its violent past is not unusual, the institution it has established to undertake that task is. Rather than institute a truth and reconciliation commission (TRC), refer cases to its Human Rights Commission, or undertake criminal trials in its domestic judicial system, the Maldives has taken the unprecedented step of establishing a temporary Ombudsperson’s Office for Transitional Justice (OTJ). Comparing the OTJ to national human rights institutions and TRCs, this article examines how and why the Maldives’ transitional justice process has taken this unusual form. It suggests that the OTJ represents a new attempt to address the full range of human rights abuses, including violations of social and economic rights, perpetrated by repressive regimes.

R2P 관점에서 본 인도적 대북지원의 쟁점과 과제

This study summarized the achievements and issues of humanitarian assistance to North Korea and looked at the direction and Tasks in terms of ‘Responsibility to Protection(R2P)’ that has been actively raised in the international community. If we expand the concept of R2P, it includes the meaning of ‘prevention’ and ‘support’ to prevent systematic human rights violations from occurring. In other words, it can be seen that the suppression of human rights against North Koreans, the threat of survival due to food shortages, and the level of serious health care all provide the basis for the international community’s intervention in North Korea. And intervention in North Korea from an R2P perspective is actually a means of preventing North Korea’s provocations in the current situation in North Korea. Considering the past experience of humanitarian assistance to North Korea and the nature of the North Korean regime, a long-term and gradual strategy is needed to maintain both humanitarian assistance and international pressure for intervention in North Korea from the R2P’s perspective in order to bring about the ultimate change in North Korea.

HIV/AIDS, Human Rights, and structural discrimination: elucidating relationships, enabling resistance

This study focuses on the interrelations between HIV/AIDS, human rights, and structural discrimination. Specifically, it examines the restrictions imposed on individuals living with HIV/AIDS and their denial of access to public service positions in Brazil. Additionally, it analyses these restrictions in terms of their compliance with human rights norms and practices. Objective To explore the relationships between HIV/AIDS, human rights, and structural discrimination by examining the denial of access to public service positions in Brazil due to discrimination against individuals living with HIV/AIDS. Method An empirical research was conducted employing a human rights approach, taking into account cases of restrictions in public service in Brazil. Subsequently, an argument was articulated that enables resistance through a discourse centered on human dignity. Conclusion There is an ongoing and unresolved process of repeated and systematic human rights violations against individuals living with HIV/AIDS. The violations perpetrated by the State at municipal, state, and federal levels infringe upon fundamental human rights to citizenship, equality, privacy and intimacy, the right to work, and the right to non-discrimination.

Mining from the pipeline: Artisanal oil refining as a consequence of failed CSR policies in the Niger Delta

Oil production in the Niger Delta first attained global prominence after the 1995 hangings of Ken Saro-Wiwa and eight other Ogonis. In the face of horrible publicity and credible allegations that international oil companies were complicit in systematic human rights violations against local host communities, corporate social responsibility (CSR) was embraced. CSR in the Nigerian oil industry has evolved from non-existent to limited community development programs to today's Global Memorandum of Understanding model. Yet, concomitant with CSR's growth has been a devastating increase in artisanal oil refining or “bunkering.” In this article, we do not focus on industrial scale bunkering, which clearly requires high-level political support. Instead, we focus on the growth of small-scale artisanal refining in the rural Niger Delta. We situate this sector's growth in failed government and CSR policies, highlight its devastating environmental impacts, and advocate a shift away from flawed and limited CSR to legal and regulated modular refineries that, with fewer negative developmental and environmental externalities, could serve as a vital source of job creation and wealth generation.

Human Rights of Refugees: Australian Government’s Policies Over Refugees

Global displacement levels are at a record-high level and Australia is under international pressure to accept refugees, but its strong ethnocentric nationalism resists immigration and multiculturalism. Despite claims of humanitarianism, Australian policies such as offshore processing and detention methods frequently violate human rights. The government degrades refugees and silences their voices to defend its actions and avoid accountability for international Human rights violations. The aim of this research is to investigates the policies and procedures implemented by various Australian governments, tracing their history and impact on refugees. Through a critical lens, it explores the specific human rights difficulties that refugees experience in Australia, assessing instances of violations caused by government actions. The evaluation of Australia’s obedience to international human rights norms, as well as its adherence or divergence from the universality and equality principles that underpin international frameworks, are key to the research. I find that Australia’s response to refugees can be more accurately explained using the concept of the International human rights framework and the concept of Universality. This research uses qualitative methods analyzing legislative documents, government papers, scholarly articles, and international human rights treaties to analyze Australia’s refugee policies. A comparative Analysis is used to examine how these policies align with international human rights obligations. This research reveals human rights breaches caused by Australia’s mandatory detention, boat turnback, and offshore processing practices and it illustrates cases of emotional and physical harm suffered by refugees in detention camps, raising questions about Australia’s adherence to international conventions. While Australia’s measures are justified by national security and border protection, they frequently cover up systematic human rights violations. Despite being a signatory to many key human rights treaties, Australia’s internal policies differ from the equality and universality principles that form the foundation of international human rights laws.

Research on the Implementation of Human Rights Policing through the Police Reform Roadmap

The National Police Agency announced a Police Reform Roadmap for the implementation of human rights policing through a public reporting event in 2021. The Police Reform Roadmap brings in outside experts by newly instituting an open Human Rights Policy Officer, and establishes a control system within the National Investigation Headquarters to prevent human rights violations and power abuse during the investigative process. It also proposed a system for monitoring attorney-led investigations to analyze and address issues in vulnerable sectors. However, in an effort to strengthen these human rights guarantee capabilities, it suggested that the Human Rights Impact Assessment system be recognized as an essential process and stipulated. It also introduced a framework for establishing the direction of Human Rights Impact Assessment system within the police organization. Furthermore, it suggested the police to develop substantive, systematic human rights education and training programs, foster close cooperation within the organization through institutional human rights solidarity, and design human rights guidelines, indicating that such measures are requisite for the police to strenghten its human rights guarantee capabilities.

Соціальне забезпечення внутрішньо переміщених осіб

The purpose of the article is to analyze the ways of social security for internally displaced persons in the ongoing wartime context. To achieve the article’s purpose, the author used the methods of analysis (to analyze the current state of social protection and social security of internally displaced persons); monographic method (to reflect the situation with internally displaced persons in the ongoing wartime context); abstract-logical method (to summarize the collected material). Under current conditions, there is an increasing need for social protection and social security. Beginning with the Russian military aggression of 2014, such a group of the population as internally displaced persons appeared in Ukrainian society. According to Ukrainian legislation, as such person is treated a citizen of Ukraine, a foreigner or a stateless person who stays legally on the territory of Ukraine and has the right to permanent residence in Ukraine, who was forced to leave or abandon her/his place of residence as a result of/in order to avoid the negative consequences of armed conflict, occupation, widespread violence, human rights violations and natural or man-made emergencies. Internally displaced persons are people who have been forced to flee their homes suddenly as a result of armed conflict, internal hostility, systematic human rights violations or natural disasters, but stay on the territory of their own country. Currently, there are a number of social benefits for internally displaced persons on the territory of Ukraine, as well as international aid programs, in particular: the Ministry of Social Policy Program, the UN Government Program, the UN World Food Program, the United Nations High Commissioner for Refugees Program, the Ministry of Social Policy Program in cooperation with UNICEF, the International Committee of the Red Cross in

Statelessness, Trauma and Mental Wellbeing: Implications for Practice, Research, and Advocacy

In 2016, the UNHCR estimated that about 10 million people, globally, were stateless. The issue of statelessness is inextricably linked to the psychosocial wellness and is a crucial mental health factor to consider in the holistic care, protection of stateless persons. There is a dearth of research examining the mental health implications for stateless persons and their exposure to multiple and ongoing rights violations. In addition, there is limited literature on the mental health impacts of statelessness. This paper describes the systematic human rights violations as linked to statelessness and how these contribute to individual trauma and stress – subsequently affecting wellbeing. The paper utilises a trauma-focused approach in understanding statelessness and presents a novel contribution to the research, advocacy and practice interventions addressing statelessness especially when drawing on the link between trauma and systemic rights violations. Findings from the document study reveal statelessness-linked stressors. Historic systematic human rights violations, traumatic events and situations, and previous and daily stressors become mental health burdens and challenges for those experiencing statelessness. Service providers working with stateless persons should be aware of the impact of statelessness on mental health and should refer cases to mental health practitioners who can provide services that reduce socio-emotional distress whilst strengthening resilience and coping strategies. The findings emphasize the promotion of stateless persons psychosocial wellbeing – looking at both curative and preventative strategies, towards the establishment of just and inclusive societies.

How Transnationally Effective are the UK Migration Policies in Relation to Missing Migrants? A Transnational Law Perspective

All over the world, several thousands of migrants go missing when they attempt to flee from war, violence, persecution, repressive regimes, systematic human rights violations etc. Thousands die each year in deadly shipwrecks in a desperate attempt to enter Europe and the UK. In these instances of deaths and loss, international human rights law imposes duties on states to account for people missing in transnational migration and respect the rights of members of their families. Despite such provisions, states sometimes deny that they have obligation to deal with cases of migrants reported missing in transnational migration until migrants reach their territories. Such conflicting claims raise serious questions about migration policies and governance and how the subject of missing migrants should be dealt with at the international level. The newly adopted UN Global Compact for Safe, Orderly and Regular Migration (Objective 8(a-f)) answers a part of the question by recognising that migration generally, and missing migrants specifically, is a transnational social problem which requires greater cooperation amongst states as well as policies with transnational effects. The UK was one of the earliest countries to endorse the new migration compact, hinting that it respects the sovereign right of states to determine and implement their own migration policies and protect national interest. The article asks if, from a transnational law perspective, the UK migration policy in relation to missing migrants is transnationally effective such as to facilitate enforcement of the new Global Compact and other related international instruments nationally. Building on existing literature which shows limited knowledge about the transnational effects of the UK policies in relation to missing migrants, the article highlights the imperatives of strengthening, in order to avoid a future policy vacuum, the transnational effectiveness of UK policies in addressing the increasing cases of people who go missing while attempting to reach international destinations. https://www.transnat.org/post/how-transnationally-effective-are-the-uk-migration-policies-in-relation-to-missing-migrants

The Rohingya: Myanmar’s Unwanted Minority

This article analyses the plight of Myanmar’s unwanted people— the Rohingya. Although they have inhabited the country for centuries, the Rohingya are not listed as one of the 135 legally recognized ethnic groups by the state and are therefore categorized as illegal immigrants. Rendered stateless, subject to decades of oppression and systematic human rights violations by the country’s successive governments, these people have now become, according to the UN, the most persecuted minority in the world. While an estimated 1.5 to 2 million Rohingya once lived in Myanmar, only around one- fifth remain at present. Over the last four decades, almost two thirds of its population have fled the country due to state- sponsored ethnic persecution. This article addresses: the reason for the Rohingya’s statelessness; their disputed origins and the issue of Rohingya identity; the context of the Rohingya crisis; the nature of human rights violations against the community; the situation of the Rohingya in Bangladesh; and, finally, international reaction to the crisis.

Hindrances to Third-Party Interventions in Conflict Resolution: United Nations and Patterns of Constraints in Resolving the Lord’s Resistance Army Conflict Between 2008-2012

Since 1987, the Lord’s Resistance Army has continued systematic human rights violations in the Central African region. Cases of kidnapping, village raids, mass rapes, and murders, have become defining factors to the urgency of resolving the crisis. In an attempt to respond to the conflict, the United Nations Security Council has initiated a number of political and military-based resolutions to control the conflict since 2008, which includes extending UN peacekeeping mandates in Uganda, Democratic Republic of Congo, and South Sudan, as well as coordinate efforts with relevant African Union bodies. However, its success is far-reached, urging the need to contextualize the forms of hindrances that the UN faced in responding to the crisis. Employing Rourke and Bouyer’s (1996) concept of collective security and measures of response success, with a research limitation set to 2008-2012, a qualitative research utilizing secondary data is implemented, concluding the following hindrances that can be categorized into the following; (1) Implementation of the additional mandate of the UN Peace Forces, (2) Application of the AU Regional Task Force, and (3) Implementation of the Disarmament, Demobilization, Repatriation, Resettlement, and Reintegration program.
 
 Received: 16 December 2020 / Accepted: 11 March 2021 / Published: 10 May 2021

Political security of the state in the conditions of instability of the international political environment

The purpose of the research is to define the political security concept in conditions of modern threats to international security. The relevance of political security study is confirmed by the lack of conceptualisation of this concept by social and political sciences. There is a need to define this concept in today's conditions in connection with the changes taking place in the world, particularly in the political arena. Political security concerns the organisational stability of public administration, their systemic governance and the ideology that legitimises. The research results found that the concept of political security is still poorly understood; approaches to its definition are changing following the transformation of general views on political science and need clarification and additions. The findings found that the relationship between political security and humanitarian intervention was closely linked. It has been identified that one of the critical threats to international security today remains state repression, systematic human rights abuses and militarization, which necessitates a focus on political security. It is substantiated that this discussion's nature has changed in both theoretical and practical dimensions due to the changing political environment of security. It is argued that political security, humanitarian intervention, and the right to protection remain a vital part of the international community's discourse and practice. The new policy of protection against humanitarian crises is permeated by differences over the right to intervene and protect. The transformations of threats in the international political arena and the changing nature of the concept of security demonstrate the anachronism of the definition of political security, as new challenges to global security are emerging every day.

VIOLÊNCIA POR PARCEIRO ÍNTIMO CONTRA A MULHER: ASPECTOS MÉDICO-LEGAIS

Violence against women is a grave and systematic human rights violation, with high incidence and prevalence worldwide. For this reason, a narrative review and a case report were conducted that seek to analyze intimate partner violence and, from that, to put the subject under discussion.

Em busca da verdade: uma análise das concepções de verdade nas comissões de verdade e no processo penal brasileiro

O reestabelecimento da ordem democrática em países que viveram os infortúnios de um regime totalitário violador de direitos humanos implica na adoção de medidas que objetivam a busca pela verdade dos fatos, a punição para os agentes causadores dos danos e a reparação das vítimas, pilares da Justiça de Transição. A palavra verdade então é aplicada em diversas nuances, sendo essencial discutir quais as concepções adotadas pela Justiça de Transição e pelo Processo Penal, para que se escolha o mecanismo adequado. O presente artigo pretende, por meio de uma reconstrução do debate teórico sobre o tema, analisar as concepções de verdade mais discutidas pela doutrina – verdade por correspondência, por coerência e por consenso. Além disso, propõe-se identificar qual dessas visões é adotada pela Justiça de Transição, em especial pelas comissões da verdade, cuja finalidade é construir um discurso coerente que produza uma memória coletiva consensual sobre as massivas e sistemáticas violações de direitos humanos praticados por Estados autoritários. O processo penal, por sua vez, enquanto instrumento de aplicação da lei penal e garantidor do devido processo legal, busca demonstrar uma verdade evidenciada por provas lícitas, através da construção de um discurso jurídico coerente, sob o manto de um sistema jurídico de garantias, de forma a não condenar inocentes. Apesar de aparente semelhança quanto à concepção de verdade adotada, o sistema jurídico requer a observância de uma série de regras processuais que impedem a vinculação dos resultados da comissão da verdade ao processo penal.

Діяльність Комісії прав людини Світового Конгресу Вільних Українців (1970-1980-ті роки)

На основі архівних документів та опублікованих спогадів проаналізовано діяльність Комісії прав людини Світового Конгресу Вільних Українців (СКВУ), спрямовану на привернення уваги до порушення прав людини в Українській РСР у 1970-х – 1980-х роках. З цією метою простежено причини утворення цієї структурної одиниці СКВУ, її склад і напрямки роботи. Встановлено, що основні зусилля Комісії прав людини були спрямовані на інформування світової громадськості про факти недотримання прав людини в УРСР шляхом публікації відповідних матеріалів, організації масових заходів (маніфестацій, прес-конференцій), скеровування звернень до міжнародних правозахисних організацій та державних діячів країн Заходу з проханнями встати на захист переслідуваних українських дисидентів.

Systematic human rights violations, traumatic events, daily stressors and mental health of Rohingya refugees in Bangladesh

BackgroundAlmost 900,000 Rohingya refugees currently reside in refugee camps in Southeastern Bangladesh. Prior to fleeing Myanmar, Rohingya experienced years of systematic human rights violations, in addition to other historical and more recent traumatic events such as the burning of their villages and murder of family members, friends and neighbors. Currently, many Rohingya struggle to meet basic needs in refugee camps in Bangladesh and face mental health-related concerns that appear linked to such challenges. The purpose of this study is to describe systematic human rights violations, traumatic events, daily stressors, and mental health symptoms and to examine relationships between these factors.MethodsCross-sectional data was collected from a representative sample of 495 Rohingya refugee adults residing in camps in Bangladesh in July and August of 2018.ResultsRespondents reported high levels of systematic human rights violations in Myanmar, including restrictions related to expressing thoughts, meeting in groups, travel, religious practices, education, marriage, childbirth, healthcare, and more. Events experienced in Myanmar included exposure to gunfire (99%), destruction of their homes (93%), witnessing dead bodies (92%), torture (56%), forced labor (49%), sexual assault (33%), and other events. More than half (61%) of participants endorsed mental health symptom levels typically indicative of PTSD, and more than two thirds (84%) endorsed levels indicative of emotional distress (symptoms of anxiety and depression). Historic systematic human rights violations, traumatic events, and daily stressors were associated with symptoms of posttraumatic stress, as well as depression and anxiety. Respondents reported numerous stressors associated with current life in the camps in Bangladesh as well as previous stressors, such as harassment, encountered in Myanmar.ConclusionsFindings underscore the impact of systematic human rights violations, targeted violence, and daily stressors on the mental health of Rohingya in Bangladesh. Those working with Rohingya should consider the role of such factors in contributing to poor mental health. This research has the potential to inform interventions targeting such elements. Future research should examine the relationships between mental health and human rights violations over time.

The Right to Rebel against Violations of Human Rights: A New Role for the Responsibility to Protect?

The right to rebel is a neglected topic in international law. The reasons for this lack of interest are to be found in the centrality of States as subjects of international law and their understandable reluctance to address non-State violence in terms of right. This approach is reflected in the tendency to look at opposition groups as illegitimate, frequently labeling them as terrorists. However, non-State armed groups are highly heterogeneous and their aims and motivations to use violence should matter at the international law level. This paper argues that the responsibility to protect (R2P) could provide the theoretical basis for the right to rebel against gross and systematic violations of human rights. The R2P doctrine maintains that each State bears the primary responsibility to protect the population within its borders; when it fails to do so, this responsibility is shared with the international community. In extreme circumstances, and where authorized by the United Nations Security Council (UNSC), foreign States may use force in order to stop gross and systematic violations of human rights. If international law accepts forcible interventions by States into the internal affairs of other States in order to guard against gross human rights violations, why should it negate the right of the victims of such violations to mount a resistance of its own? International law has increasingly addressed the use of force by States within their borders. International humanitarian law (IHL) regulating non-international armed conflicts (NIACs) is now a fully developed field of studies. On the other hand, State violence in peaceful times has been taken away from the domaine reservee: the respect of international human rights law (IHRL) does matter at the international level, as confirmed by the R2P doctrine. Both R2P and the increasing attention for the respect of human rights by governments are in line with a top-down approach that pervades nearly all fields of international law. States are the central subjects at the international level; what happens within their borders might affect their legitimacy in the eyes of their peers, inter alia, but in no way does it grant a right to rebel to non-state actors within those borders. This paper challenges this traditional top-down approach. Several scholars have demonstrated that non-State actors can become subjects of specific branches of international law, such as IHL and IHRL. Now may be the time to take a step further and recognize a more active role for non-State actors. Victims of heinous human rights violations should not be passive subjects, waiting for foreign States to react to violations of their human rights: granting them rights would be pointless without a related right to defend and protect them. International law would thus regulate both state and non-State violence, and the latter would be legitimate at least when directed to stop massive and systematic human rights violations. This article is organized as follows. First, it focuses on the attempts of international law to address the right to rebel. Generally speaking, international law does not prohibit, nor expressly allow rebellions. Nevertheless, the right to rebel has been at the center of an animated debate through the centuries; furthermore, it has been object of codification at the domestic, regional, and international level. This paper then examines the ways in which the R2P doctrine could operate as legal basis for the right to rebel against human rights violations. Finally, it investigates what could mean, in practice, to recognize a right to rebel, especially with regard to foreign interventions.