UN Human Rights Research Articles

Climate change and forced migration

Abstract Climate change is increasingly recognized as a significant driver of migration patterns worldwide. As the global temperatures rise, extreme weather events become more frequent, leading to disruptions in livelihoods displacement, and migration. Every day, climate change becomes a more urgent economic, social and existential threat to countries and their people. Climate changes are becoming more and more evident every day, a factor that undoubtedly directly or indirectly affects the displacement of populations. This article provides answers to basic questions starting with how, and where climate change triggers migration and displacement, the second question is if we have a definition for the climate migration, or climate refugee, can they have protection from the Convention relating to the Status of Refugees and the last analysis is the inadequacy of the protection afforded by international law and European Union law and the Albania Legislation to individuals who leave their country of origin for reasons related to environmental issues. The methodology used to answer the questions of this paper includes desk review on existing literature, legal texts, reports from international organizations, legal framework regulating climate migration rights and the decision of the UN Human Rights Committee (HRC) regarding the “climate refugees”, the case of Teitiota v New Zealand.

The Rights of Minority Women Before the European Court of Human Rights: Critical Review in Light of the Practice of the UN Human rights comitee and other international human rights bodies

The Rights of Minority Women Before the European Court of Human Rights: Critical Review in Light of the Practice of the UN Human rights comitee and other international human rights bodies

Защита от высылки в практике Комитета по правам человека ООН

This article provides an analysis of the practice of the UN treaty body - the UN Human Rights Committee in cases related to expulsion. The treaty body effectively monitor compliance by States with the principle of "non-refoulement". The article analyzes the legal grounds, opportunities, mechanisms and effectiveness of human rights protection by filing complaints to this Committee. Various violated human rights are considered, for the restoration of which it is possible to apply to the UN treaty body in cases concerning expulsion.

The Discursive Evolution of Human Rights Law: Empirical Insights from a Computational Analysis of 180,000 UN Recommendations

Abstract Building on an independent database of 180,000 UN recommendations and a novel computational method, we present the most comprehensive study of human rights (HR) debates to date. We develop a unique empirical model that measures topical density of discourse. This innovative instrument measures the discursive activity of UN HR bodies through a machine-learning textual analysis of their outputs, offering a dynamic map of evolving trends in human rights, both over time (diachronically) and across different mechanisms (synchronically) within the UN HR ecosystem. Leveraging this comprehensive dataset and sophisticated computational methodologies, we identify which protected groups are central to different mechanisms’ attention and highlight the major human rights issues that have witnessed significant changes in attention. Our research presents significant findings on the density of UN HR discourse and its implications for two major debates in the field of HR law—HR proliferation and the structural critique of UN HR bodies.

Reconsidering the costs of commitment: Learning and state acceptance of the UN human rights treaties’ individual complaint procedures

AbstractHow do states react to adverse decisions resulting from human rights treaties’ individual complaint procedures? While recent scholarship has shown particular interest in states’ reactions to international court judgments, research on state behavior vis-à-vis an increasing treaty body output remains scarce. I argue that states generally want to avoid the costs implied by adverse decisions, or ‘views’. Rising numbers of rebukes lead them to update their beliefs about the costliness of complaint procedure acceptance in a Bayesian manner. As a result, states become less inclined to accept further petition mechanisms under different human rights treaties. I test these assumptions on an original dataset containing information on individual complaint procedure acceptance and the distribution of 1320 views for a total number of 169 countries ranging from the year 1965 to 2018. Results from Cox proportional hazards regressions suggest that both the number of views against neighboring states and against the examined state itself decrease the likelihood of acceptance of most of the six individual complaint procedures under observation. I also find evidence that this effect is exacerbated if states are more likely to actually bear the costs of implementation. Findings indicate that the omission of further commitment can be a negative spillover of the treaty bodies’ quasi-judicial output.

Policy-specific human rights shaming: Evidence from the other letters of the UN Special Procedures

This study provides empirical insights into “other letters” (OLs) issued by the UN Special Procedures, a unique tool of policy-specific human rights shaming. By analyzing criticized laws, recipients, state responses, and impact, the study reveals that OLs are predominantly targeted at cooperative states. Despite better human rights records, democracies receive more OLs and they are more likely to implement the recommendations. Authoritarian states receive fewer OLs and tend to reject the allegations. The study highlights the intricate dynamics shaping interactions between UN human rights mechanisms and states, emphasizing democratic responsiveness while underscoring the challenges of addressing abuses in nondemocratic settings.

Human Rights, Business and the Investment Ombudsman of the Philippines

Human rights and business are crucial elements in the development of the Philippine economy. The constitution safeguards the rights of both juridical and natural persons, including business owners and employees who play vital roles in economic progress for the welfare of all citizens. Businesses aim to generate profits, create jobs, and enrich investors through the utilization of labor and resources. However, unregulated operations can lead to resource exploitation, harming other stakeholders like labor, government, environment, and customers. The Office of the Ombudsman serves as the protector of legal rights for these entities. This paper explores the interplay between human rights, business, and the Investment Ombudsman in the Philippines. It delves into discussions on UN Business and Human Rights concepts, addressing political challenges, governance practices, stakeholder recommendations, and the Investment Ombudsman's role. This research can guide those interested in studying governance, business, and human rights integration, promoting sustainable development for the benefit of society.

Digital geographies of diplomacy: The uneven digital mediation of spaces and encounters at the UN Human Rights Council

In Spring 2020, as COVID-19 spread across the globe, diplomats embraced the digital as a means of continuing to practise statecraft. Drawing on online observations of the (resumed) 43rd, 44th and 45th sessions of the United Nations Human Rights Council (HRC) in 2020, and 23 interviews with representatives who participated in these sessions, this paper addresses two lacuna in the existing literature: the under-theorisation of the role of the spatial in studies of digital diplomacy; and the lack of attention paid to diplomacy in digital geographies scholarship. We explore how diplomacy, an inherently spatial practice, is being ‘recast’ by the digital via a shift both in the form of diplomatic interactions, and in the human and non-human actors involved in doing diplomacy. In doing so, we take as our starting point Leszczynski's theory of the mediation of socio-spatial-digital relations. We consider two features of digital diplomacy which scholarship on digital mediation opens up for examination. First, how digitalisation – specifically the use of ‘real-time’ online audio-visual communication devices – has altered the geographies of diplomatic inclusion and exclusion at the HRC, simultaneously fostering interactions between diverse diplomatic actors whilst also exacerbating pre-existing spatial exclusions. Second, the shifting geographies of diplomatic encounters, including how digital technologies have reconfigured opportunities for intimacy. The paper concludes by calling for dialogue between scholars of digital diplomacy and of digital geographies.

Privacy in the Digital Age: Implications of the European Court of Human Rights’ Interpretation of Privacy as Personality Right for the UN Human Rights Committee

Privacy in the Digital Age: Implications of the European Court of Human Rights’ Interpretation of Privacy as Personality Right for the UN Human Rights Committee

대체복무제의 개선방향에 관한 소고

It is meaningful to look back on the current alternative service system at the present time, three years after the alternative service system was implemented. In particular, considering that there is still controversy over the punishment of the alternative service system, it is necessary to reconsider what direction the alternative service system should have in the future. Currently, alternative service personnel in Korea are serving in correctional facilities for 36 months, twice the length of active military service, which is longer than the maximum difference between the general military service period and the alternative service period in Armenia, which the European Court of Human Rights called punitive. In addition, in Armenia, it was controversial that the place of service should be at the workplace 24 hours a day, even though the place of service was various private institutions such as orphanages, nursing homes, mental health institutions, and facilities for the disabled. In Korea, the form of having to serve in a single place called correctional facilities and camp service can be even more problematic. In fact, although there are no uniformly established standards under international law regarding the period of alternative service, according to the recommendations of the Ministerial Committee within the European Council and the decisions of the UN Human Rights Commission, it is mentioned that the period of alternative service should be within a reasonable range that is non-punitive. In addition, among the countries implementing alternative service, the largest difference in period of less than 1.5 times was found. And the European countries have alternative service institutions in various fields, such as social welfare, health, culture, religion, peace, education, the environment, and emergency rescue, and Korea also needs to prepare a variety of service institutions as possible in addition to correctional facilities. In addition, in terms of diversifying service types, it is necessary to consider a method of distinguishing between the types of service that can be served as non-combatants within the military and the types of alternative service of civilians outside the military. Lastly, considering that there are countries that have abolished the interview survey in the process of applying for alternative service, and this was a measure of respect for the freedom of conscience of conscientious objectors, I think Korea needs to consider discussing it in the long run.

Complementing UN Human Rights Efforts Through Universal Periodic Review

Abstract The UN undertakes numerous human rights activities. Various UN entities have been established solely to promote and protect human rights, such as the Human Rights Council and the human rights treaty bodies. Others, such as the Security Council, have mandates intrinsically connected to human rights. Furthermore, a variety of UN specialized agencies, programmes and funds work in areas associated with human rights. However, the work these entities undertake lacks coordination. In his 2020 Call to Action, UN Secretary-General António Guterres spoke of the need to enhance ‘synergies between human rights and all pillars of the work of the United Nations’ and encouraged the use of the Universal Periodic Review (UPR) process as a way of doing so. Furthermore, one of the ‘principles’ of UPR is that it should ‘complement and not duplicate other human rights mechanisms’. There has been little exploration of the extent to which UPR does, in fact, complement the UN’s other work in human rights. This article seeks to fill that gap. Drawing on data from the first three cycles of UPR, it demonstrates the extent to which states have complemented UN efforts to protect and promote human rights in UPR recommendations. Building on these empirical observations, it explores how UPR recommendations could be used to further coordinate and reinforce the UN’s human rights work by avoiding generic references to the UN, expanding their focus beyond the ‘core’ UN human rights bodies to engage with the work of all UN entities, and encouraging engagement with all aspects of a particular entity’s mandate.

Global Governance, Human Security, and unpko s

Abstract The process of international organization has fundamentally, even though not exclusively, been to address the problem of interstate war. The institutionalization of multilateral security cooperation at the global level, under first the League of Nations (albeit a false dawn), and more recently and successfully, the UN system, has contributed significantly to the resolution of existing conflicts and the generation of a more peaceful international society. UN peacekeeping operations (unpko s), viewed traditionally as forces placed between parties to a conflict with the aim of preventing future breakdowns of peace and security, have played a major part. International organization can further, however, be seen as a transitional process from the international anarchic conditions which generate conflict, towards the aspiration of global governance, whereby states are actively brought together to solve common problems, reconcile conflicting interests, and generate collective good. At the intersection of the three pillars of the UN (Security, Development, and Human Rights), we find the concept of human security, which, despite being essentially contested, has become increasingly prominent not only at the organisation, but also in terms of policy prescription for other actors. This human-centring in global governance has impacted unpko s through a more complex role for peacekeepers, including, but not limited to, the expansion of conditions under which deadly force may be used, the protection of civilians and vulnerable groups in conflict affected societies, and peacebuilding, even state-building activities. These developments are not without their critics. This article, therefore, addresses first the evolution of the human security paradigm within the UN’s global governance mission. It then turns to the growing impact of human security upon unpko s. This is followed by areas of contestation and challenges to human-centred peace promotion. Finally, the article concludes with policy prescription for better operationalisation of human security at the UN and through its pko s.

Inter-State Communications before UN Human Rights Treaty Bodies: Testing the Waters for Collective Communications

Abstract The awakening of inter-state communications with the first ever three cases before the Committee on the Elimination of Racial Discrimination in 2018 has inspired new avenues of research about their potential and shortfalls. This article opens a new line of exploration, considering the mechanism’s potential as an avenue for collective action at a time when many States are responding to violations of international law, even when not directly affected by those violations. Those responses have included massive third-party interventions (Ukraine v Russia), and the initiation of proceedings before the icj by States not directly injured (The Gambia v Myanmar, Canada and the Netherlands v Syrian Arab Republic, South Africa v Israel). This article argues that enabling collective inter-state communications before UN treaty bodies could strengthen the mechanism as an avenue for treaty compliance and the protection of human rights, and for amplifying sovereign voices as part of peaceful dispute settlement processes.

The Interpretation and Development of International Human Rights Law by the International Court of Justice

本文采用制度主义研究路径，分析了国际法院在国际裁判和执行人权方面的作用，以及它在阐释和发展基本人权规则和原则方面的贡献。国际法院是联合国主要机关之一，也是其主要的司法机关，在国际裁判机制中享有重中之重的特殊地位。国际法院对阐释和发展人权法的贡献可以从三个角度来看：第一，在程序角度，它进一步推动了人权的可诉性。第二，在实体角度，它不仅分析了非殖民化背景下的民族自决权问题和一些公约项下的人权保护范围，还处理了人权公约义务的领土范围问题、国家责任归属问题以及国际不法行为的赔偿问题，为国家、国际组织及其机构、其他法律实体甚至个人制定了行为标准。第三，在制度角度，它确保了联合国人权问题报告员的独立性和不可侵犯性，对联合国大会和安全理事会在维护国际和平与安全方面的职能作出建设性的阐释，并对其遵守国际人权义务的情况进行监督。然而，一些案件体现出国际法院在审理人权案件时存在的管辖权漏洞和其他障碍，它对国际法中某些有争议的问题持谨慎立场。这意味着国际法院有时在实施人权保护方面可能施加的影响有限。 This article uses an institutional approach when discussing the role of the ICJ within the context of international adjudication and enforcement of human rights, as well as its contribution to the interpretation and development of key human rights rules and principles. As one of the main UN organs and its principal judicial organ, the ICJ enjoys a somewhat special position as first among equals. The Court’s contribution to the interpretation and development of human rights can be seen from three aspects. Firstly, from the procedural aspect, the Court furthered the justiciability of human rights. Secondly, from the substantial aspect, the Court has dealt not only with the right to self-determination within the decolonisation context and the scope of human rights protection under the convention, but also with the territorial scope of human rights treaties’ obligations, aspects of attribution of State responsibility and issues concerning reparations for internationally wrongful acts, which lays down standards of conduct for States, international organisations and their organs, other legal entities and even individuals. Thirdly, from the institutional aspect, the ICJ ensures the independence and inviolability of UN human rights rapporteurs, the constructive interpretation of the functions of the General Assembly and the Security Council in matters of international peace and security and their monitoring of compliance with international human rights obligations. However, several cases have highlighted the jurisdictional gaps and other obstacles to litigating human rights cases before the Court. These cases have also highlighted the Court’s guarded position on certain controversial issues under international law. It shows that the limitations to the Court’s potential impact on the enforcement of fundamental human rights.

From Aspiration to Public Policy: Imprinting UNGP-Aligned Footprints of Corporate Responsibility and Accountability into the Shifting Sands of International Arbitration Practice

Abstract Endorsed more than a decade ago by the UN Human Rights Council, the UN Guiding Principles for Business and Human Rights (UNGPs) articulate the responsibilities of States and corporations for human rights. Since then, the issue of corporate responsibility for human rights, and also the environment, and how it ought to be recognized and enforced, has attracted increasing attention. In more recent years, States have promulgated a flurried storm of ESG regulations requiring disclosure of human rights or climate risks or mandating human rights due diligence across global supply chain networks, intensified their transition to greener economies, and continued to negotiate treaties infused with dreams of more sustainable investment and development. Against this backdrop, in October 2023, a UN Special Rapporteur presented a report that condemned the international arbitration system for prioritizing the protection of corporate property rights over the protection of international human rights and the environment. In tracing the development of a ‘soft law’ aspiration of corporate responsibility to inscriptions into ‘hard law’ international investment law treaty instruments and then considering how those inscriptions have been interpreted and applied by tribunals, this article finds that despite the nascent recognition of corporate responsibility for human rights and the environment, the enforcement of accountability for that responsibility in international arbitral practice is currently misaligned with the UNGPs and with other fundamental tenets of international law. This article subsequently explores the opportunity, and implications, for imprinting stronger footprints of responsibility and accountability in international arbitral practice, including through the potential recognition of new international public policy upholding corporate responsibility for human rights and the environment, and in doing so, highlights the need for greater cross-industry, multidisciplinary and multilateral dialogue on an issue of not only global significance, but with global impact.

Sovereignty, human rights and the regulation of transnational corporations: a critical spatial analysis of civil society proposals for a binding treaty

ABSTRACT This article develops a critical spatial analysis of contemporary proposals to regulate transnational corporations (TNCs). Following an analysis of the existing topology of international regulatory space, the article develops a model of alternative spatial orders which would enable TNC regulation and uses this model to critically assess the different spatial orders implicit in the major proposals being tabled by two civil society groupings in the current treaty negotiations at the UN Human Rights Council. It shows that the proposals of the Human Rights NGOs would elaborate an ‘imperial sovereignty’, with the horizontal extension of the sovereignty of Northern states into the territory of Southern states, while the proposals of the Global Campaign would elaborate a ‘global sovereignty’ through the vertical dispersal of sovereignty, both upwards and downwards, to elaborate a more emancipatory universal spatial order. Understanding these implicit spatialities enables a deeper assessment of the implications of the different proposals.

The European Union’s leadership in the eyes of others at the UN Human Rights Council

ABSTRACT The policy documents of the European Union underline its self-image as a leader in promoting and protecting human rights in multilateral fora. The leadership claims are based on the EU’s example in domestic human rights protection and willingness to promote externally the same set of values and norms. However, drawing on interactionist role theory, this article emphasises the extent to which the roles depend on recognition by others. Hence, leadership claims need acceptance from other stakeholders. The article studies external perceptions of EU’s leadership in the Human Rights Council framework using data from interviews of Geneva-based, non-EU diplomats and human rights experts. The findings present a variable picture; while structural and exemplary leadership is recognised, incoherencies diminish EU’s credibility. The EU has improved its cognitive leadership, but its agenda is contested by others. Finally, the EU has negotiation capacities, but its strategy does not always optimally support the leadership ambitions.

The Special Procedures of the UN Human Rights Council and the Catalan Secession Process

The Special Procedures of the UN Human Rights Council and the Catalan Secession Process

Towards a Human Right to Psychological Continuity? Reflections on the Rights to Personal Identity, Self-Determination, and Personal Integrity

Abstract Scholars from different disciplines are increasingly debating how human rights should protect the autonomy not only over our bodies but also over our minds. These debates are often driven by emerging technologies that appear able to access, monitor, and manipulate mental states in ways that were previously inconceivable. Whereas some human rights already protect certain personal interests in the mental realm, such as the right to freedom of thought, it has been argued that new or updated human rights are necessary to offer adequate protection against modern technologies that may threaten our mental privacy, personal integrity, and identity. One of the proposed rights, which is under consideration by the Council of Europe and the UN Human Rights Council, concerns a right to ‘psychological continuity’. This paper challenges the necessity of recognising such a right, arguing that the notion of psychological continuity already receives considerable protection within the established framework of human rights law.

A ‘willing accomplice’? Evaluating South Africa’s response to China’s positions on international human rights

ABSTRACT According to the Economist, South Africa’s loyalty to China has made the former’s foreign policy ‘clueless and immoral’. This article examines the extent and solidity of South Africa’s support for China’s attempt to undermine the international human rights system. It does so by evaluating South Africa’s responses to China’s positions on seventeen issue areas of the UN Human Rights Council’s work. More specifically, the article assesses South Africa’s actions in relation to 132 Chinese-backed attempts to amend council resolutions in an anti-human rights direction. The evidence suggests that South Africa has been a willing accomplice in China’s effort to weaken international human rights.