Victims Of Human Rights Violations Research Articles

Tapping the potential of human rights provisions in mega-sporting events\u2019 bidding and hosting agreements

This article explores the implications of unprecedented commitments by leading international sports organizations to include human rights principles into their bidding requirements and hosting agreements. In May 2017, UEFA communicated their updated requirements for the 2024 tournament, which now explicitly refer to human rights protection. Four months later, the 2024 and 2028 Summer Olympic Games have been awarded to Paris and Los Angeles, for which the IOC drafted host city contracts that for the first time in the history of Olympic Games include human rights clauses. In November 2017, FIFA announced the adoption of new bidding requirements for the 2026 tournament, which expressly mention the protection of human rights. The aim of this article is to examine if and how such provisions and requirements could improve access to remedy for victims of human rights violations that occurred in the course of delivering mega-sporting events. In pursuing this aim, this article sheds light on the scope and enforceability of these measures and looks into the extent to which the Court of Arbitration for Sport is equipped to deal with human rights matters.

Hacia Un Sistema Nacional De Derechos Humanos

A re-organization of the national and local human rights commissions in Mexico is needed to address certain aspects that would allow them to better fulfill their constitutional mandate of protecting the victims of human rights violations. Said changes are required in three particular aspects: to determine in a (more) precise manner the competence of these public institutions; to delineate (or reformulate) the jurisdiction ratione materiae of the commissions in accordance with the current challenges that Mexico faces; and lastly, to ensure that the human rights commissions work in a coordinated and systemic manner, in order for the national system to have the ability to gather clear statistics on the main challenges or human rights violations throughout the country. Addressing these issues would allow the national system to contribute more efficiently to the development of “tailored” human rights policies.

¿Derechos humanos o renuncia a la reparación humanitaria? Compromisos políticos del teatro colombiano en dos obras sobre los 'falsos positivos'

This article explores the political commitment of two contemporary Colombian plays that deal with one of the most recent and outrageous scandals of state violence in Colombia: the "false positives." The two plays—Donde se decomponen las colas de los burros (2009), by Umbral Teatro, and Antígonas, tribunal de mujeres (2013), by Tramaluna Teatro—prolong the tradition of Colombian "Nuevo Teatro" in relation to the denunciation of violence, the reconstruction of collective memory, and the call for a public debate about the historic causes of violence and power abuses. But a comparison of the two pieces will show that in spite of their common interest in reconstructing the truth of the "false positives," it is possible to identify two opposite views on the relation between contemporary Colombian theatre and violence. On the one hand, the commitment to symbolic reparation of the victims of human rights violations, and, on the other hand, the renunciation of humanitarian reparation in an effort to bring to light the common condition of vulnerability that lies beneath the very experience of violence. At stake are the political powers attributed to theatre in our time.

The Shadow of Kiobel and Jesner: An Examination of the Alien Tort Statute and Bringing It Back into the Light

The Alien Tort Statute (“ATS”) was enacted in 1789 and seemed fated to go down as a curious historical footnote. Invoked only a handful of times over the ensuing two centuries, the ATS had new life breathed into it in 1980 with the case of Filartiga v. Pena-Irala. The ATS became a vehicle for victims of human rights violations seeking redress in U.S. courts. But while Filartiga represented a small window of opportunity opening for human rights activists, this utility would prove short-lived as the Supreme Court quickly began to curtail the applicability of the ATS: opening the window wider with the case of Sosa v. Alvarez-Machain, then slamming it closed in Kiobel v. Royal Dutch Petroleum Co., and finally bolting the lock and throwing away the key recently in Jesner v. Arab Bank, PLC. This constant chipping away at the ATS has sharply limited the circumstances in which it can be invoked, rendering it virtually toothless. This Note argues that the Court’s interpretations of the ATS post-Sosa is both flawed and at odds with its underlying intent. It will contrast the workable standard laid out by the Sosa Court with the subsequent brittle constructions of the Kiobel and Jesner Courts. This Note posits that the standard imposed by the Court in Sosa is best interpreted using Justice Breyer’s concurrence from Kiobel and Justice Sotomayor’s dissent in Jesner and calls for the adoption of a synthesis of these as the best interpretation of the ATS going forward. Specifically, this hybrid test interprets the first prong of Sosa through Justice Sotomayor’s Jesner dissent and relies on customary international law to inform courts as to what recognized norms are. It interprets the second prong of Sosa through Justice Breyer’s Kiobel concurrence and allows courts to use their discretion in determining whether enforcement of these norms is appropriate, viz, does it concern distinct American interests. It will show that this hybrid test is an appropriately constrained interpretation of the ATS based on its text, history, and intent, and also apply this hybrid test to two current cases to demonstrate its viability and applicability in practice.

Atención psicosocial a militares víctimas del conflicto armado colombiano

Este estudio analiza la jurisprudencia y los elementos normativos que reconocen a los militares como víctimas del conflicto armado colombiano y, a su vez, pretende identificar la implementación de la atención psicosocial como parte de la medida de rehabilitación contemplada en la Ley 1448 de 2011. Además, se plantea la necesidad de establecer una ruta de atención con enfoque psicosocial para los militares víctimas del conflicto armado interno.Existe legislación interna y jurisprudencia emitida por altas Cortes donde se reconocen los derechos fundamentales de las víctimas del conflicto armado interno y se favorece de igual manera a los militares que han sido víctimas de violaciones de DDHH e infracciones al DIH, con ocasión y desarrollo del conflicto armado interno; sin embargo, con relación a los militares víctimas y la observancia de esta normatividad, se han identificado fallas en la aplicación de la ruta de atención psicosocial, como herramienta de reparación en la medida de rehabilitación.Para el desarrollo de este estudio se empleó como metodología la investigación aplicada con enfoque cualitativo, que para este caso relaciona el derecho con los fenómenos sociales.

The Status of Access to Effective Remedies by Victims of Human Rights Violations Committed by Multinational Corporations in the African Union Member States

The main purpose of this paper is to document the failure and dysfunction of the existing judicial structures of many African Union’s Member States (AUMS), to address human rights violations that are often committed by Multinational Corporations (MNCs) on their territories. Concretely, it assesses the access of victims of the MNCs’ human rights abuses (in the AUMS) to effective remedies and the obstacles they face through a number of case studies. Although these victims’ cases are specific to some countries, they illustrate a general challenge faced by victims of such abuses from many AUMSs. The examination of these cases, in turn, results in the examination of the legal remedies the victims use and the obstacles they face in the pursuit of such remedies, either in their domestic jurisdictions or in other foreign national jurisdictions. The present paper also weighs the obstacles faced by the same victims in their quest for effective remedies against the concept of “African solutions to the problems of Africa.” Finally, it is suggested that the reluctance of the AUMSs to hold MNCs accountable for their human rights violations, which are often committed on their territories, and the non-redress of the same violations by other forums outside the African continent, places the onus on African regional and sub-regional mechanisms of human rights protection to get involved.

Narrating the History: The Reinterpretation of Symbolic Reparation for the Reconciliation and Redemption of Child Victims of Conflict

:In Colombia there is a large sector of the population that has been the object of violation and ignorance of their human rights. They, like all victims of this type of violation, need to be repaired in a comprehensive manner. The concept of symbolic reparation that includes this integral reparation aims to reclaim the human being, to reconstruct it from the wounds and traces left by the violation of human rights in his memory. In a more sympathetic sense than is usually attributed to it, it seeks to bring the practice and experience of individuals to a level of abstraction that allows them to conceptualize a specific fact and articulate it with other concepts, so that the individual acquires adequate resilience. In this sense, the exercise and the experience of this reconstruction through the narratives, can provide certain conditions that make possible the process of symbolic reparation, which is exactly what it is tried to demonstrate with this investigation. This document is part of the research entitled "The narratives as a mechanism for the symbolic reparation of children victims of human rights violations", which seeks to understand the factors that make it possible to implement narratives as a mechanisms for symbolic reparation of children who are victims of human rights violations, as opposed to the symbolic reparations that have been erroneously ordered by the Inter-American Court of Human Rights and the Colombian Supreme Court and Constitutional Court.

Narrating the History: The Reinterpretation of Symbolic Reparation for the Reconciliation and Redemption of Child Victims of Conflict

:In Colombia there is a large sector of the population that has been the object of violation and ignorance of their human rights. They, like all victims of this type of violation, need to be repaired in a comprehensive manner. The concept of symbolic reparation that includes this integral reparation aims to reclaim the human being, to reconstruct it from the wounds and traces left by the violation of human rights in his memory. In a more sympathetic sense than is usually attributed to it, it seeks to bring the practice and experience of individuals to a level of abstraction that allows them to conceptualize a specific fact and articulate it with other concepts, so that the individual acquires adequate resilience. In this sense, the exercise and the experience of this reconstruction through the narratives, can provide certain conditions that make possible the process of symbolic reparation, which is exactly what it is tried to demonstrate with this investigation. This document is part of the research entitled "The narratives as a mechanism for the symbolic reparation of children victims of human rights violations", which seeks to understand the factors that make it possible to implement narratives as a mechanisms for symbolic reparation of children who are victims of human rights violations, as opposed to the symbolic reparations that have been erroneously ordered by the Inter-American Court of Human Rights and the Colombian Supreme Court and Constitutional Court.

De la injusticia a los derechos: momentos en la construcción de identidad de defensores de derechos humanos. El caso de México

¿Cómo es que personas que no han sido víctimas de violaciones a derechos humanos se convierten en defensores/as? En el artículo se presenta el proceso de construcción identitaria de defensores/as de derechos humanos en México. El proceso comparte tres rasgos: la formación de intuiciones iniciales de justicia que los lleva a rechazar situaciones de inequidad social y abusos de autoridad; un momento de ruptura que los lleva a dedicarse a la defensa de derechos humanos como opción de vida; y un proceso de consolidación como activista de derechos humanos.

The Role of the OECD National Contact Points in Improving Access to Justice for Victims of Human Rights Violations in the EU Member States

In the perspective of the UN Guiding Principles, the OECD National Contact Points constitute important components of a polycentric governance system that must be reinforced and made increasingly coherent to improve victims’ ability to access remedies in the EU. This Chapter provides, first of all, an overview of how the NCPs have been implemented and are functioning in EU member countries, highlighting the persisting challenges to their credibility and effectiveness. It then investigates current trends in the handling of specific instances by EU-based NCPs with the aim of illustrating to what extent these non-judicial mechanisms are improving access to remedy for victims of corporate-related human rights abuses. The concluding paragraph summarizes the points of strength and of weakness of these mechanisms in the European context.

Politik Hukum Pembentukan Komisi Kebenaran dan Rekonsiliasi Aceh

The signing of Memorandum of Understanding in Helsinki between the Free Aceh Movement (GAM) and the Republic of Indonesia (RI) is a sign of peace for the conflict in Aceh. Among the points of agreement is the establishment of the Truth and Reconciliation Commission (KKR) in Aceh. This study aims to investigate and explain the basis for KKR establishment as well as the concept of Aceh KKR. To answer this, the author uses a juridical-normative approach with the library research method. We find that the formation of KKR in Aceh is based on Article 229 of Law No. 11 of 2006 concerning Aceh Government. However, based on the a quo Law, Aceh KKR is referred to as part of National KKR, while National KKR has yet to be established until today. In addition, the institutional concept of Aceh KKR is independent and non-structural with the aim of strengthening peace, helping to achieve reconciliation between perpetrators of human rights violations and victims, and recommending comprehensive reparation for victims of human rights violations. Aceh KKR is based on Islam, Acehnese, independence, impartiality, non-discrimination, democratization, justice and equality, as well as legal certainty . Keywords: Commission; truth; reconciliation; Aceh; human rights

IMPLEMENTASI PRINSIP KEBEBASAN BERAGAMA DAN BERKEYAKINAN DI INDONESIA (Studi Kasus: Tanggung Jawab Negara dalam Konflik Sampang, Madura)

The purpose of this study is to explain in depth how the responsibility of the state c.q Government of Indonesia against violations of the principle of freedom of religion in the case of Sampang, Madura. The method of approach used in this research is normative juridical in discussing the issue of implementation of protection and guarantee to freedom of religionand belief which is regulated in constitution and Indonesian legislation system and how state responsibility to religious conflict happened in Sampang, Madura, Jawa East. The results of the research conducted in the case of Sampang are, the security forces do not act or do omission(omission) in the event of riots. In addition, the government’s attitude that provoked provocation was shown by the MUI who issued a decree stating that the Shia taught by Tajul Muluk is heretical. The State should (in this case the Police) take precautions. Therefore, the State c.q The Government of Indonesia is obliged to provide compensation, restitution and rehabilitation to victims of human rights violations as well as to give legal assertiveness to all perpetrators of riots including government officials who allow the riots of human rights violations

Access to Justice in the European Union For Corporate-Related Human Rights Violations: Jurisdictional Issues

This paper is part of a broader research study on access to justice in the European Union for third-country victims of corporate-related human rights violations. It addresses the jurisdictional challenges that third-country victims of human rights violations committed by EU-based multi-national companies (MNCs) face in seeking redress in EU Member State courts. Section two analyses the role of international human rights law in private litigations for human rights violations by MNCs, with particular reference to the European Convention on Human Rights (ECHR). Section three compares the allocation of jurisdiction in transnational tort litigations against MNCs in the European Union (EU) and the United States. Section four offers an overview of EU Member State rules of jurisdiction governing third-state defendants in cases of corporate-related human rights violations.

Potential Abuse of the Protection from Harassment Act 17 of 2011

The Protection from Harassment Act (hereinafter referred to as “the Act”) has been enacted to give effect to the protection of individual fundamental rights, including but not limited to, the right to equality, privacy, dignity and freedom and security of the person. To achieve this, the Act, specifically aims, inter alia, to “afford victims of harassment an effective remedy against such behaviour”. Legislation enacted to pursue the protection of fundamental rights, as the Act asserts it does, is necessary in a constitutional democracy but should be drafted to provide maximum protection to deserving victims of human rights violations, while minimising the potential for abuse by unscrupulous litigants, by way of an interpretation of the Act that creates unjust legal remedies. This article will explore the definition of harassment, as provided for in the Act, taking into account the purpose of the Act and other relevant tools provided for by juridical interpretation. By exploring the aforementioned, the author will determine if the definition of harassment as provided for in the Act will contribute to the achievement of the purpose of the Act. It will be argued that the legal remedies provided for in the Act, allows, in its current form, for potential abuse. It will further be argued that, in securing and protecting the aforementioned rights, the potential for abuse has unintentionally been created, resulting in an unwanted situation whereby an alleged victim of harassment may become the “harasser” through the Act and unintentional or alternatively intentional abuse of the Act.

Untying the Gordian Knot: Re-Assessing the Impact of Business and Human Rights Principles on Extractive Resource Governance in Sub-Saharan Africa

Extractive resource governance has been a challenging task for countries in the Global South. Whereas products of these resources have enhanced the economic development of advanced countries, it has only exacerbated conflicts, fueled ethnic clashes, and further impoverished the citizens in the Global South. The UN Guiding Principles on Business and Human Rights sought to address these human rights concerns. The Guiding Principles laid the foundation for States duty to protect human rights, businesses’ responsibility to respect human rights and access to remedies for victims of human rights violations. This article argues that while African leaders have consistently found themselves as mendicants at the mercy of the Global North community in solving their problems, they should look inwards by implementing laws and policies aimed at addressing Africa’s weak extractive resource governance. The article considers various approaches in ensuring that local communities actively participate in resource management. It will further describe the human rights questions and challenges facing current international business and human rights regimes and thereafter show how these approaches could create an avenue for seeking a heterodox solution that takes into consideration the cross cutting synergies among business, human rights, and effective implementation of policy measures aimed at positive extractive resource governance.

Mining for Justice in Home Country Courts: A Canada-UK Comparison of Access to Remedy for Victims of Human Rights Violations

In the absence of international law holding multinational corporations accountable, the only recourse available to many victims of human rights violations may be domestic tort law in the multinational’s home country courts. Existing barriers preventing access to this forum of last resort for victims from countries which lack adequate legislation or fail to provide access to local courts or justice, allow multinationals to operate largely with legal impunity. This paper will analyse and compare the court access available in Canada and the United Kingdom to foreign victims of human rights violations committed by mining companies based in these countries, as well as how these countries are meeting their obligations under the United Nations Guiding Principles on Business and Human Rights. As Canadian courts have the greatest potential to provide justice to the most victims and have been criticised widely for failing to do so, including by the UN, this forum will be the primary focus.Specifically, the history and current state of UK and Canadian legislation and case law is explored under which mining companies operate overseas, and the divergence of UK and Canadian courts on granting home court access and remedy. Particular attention is directed to key Canadian and UK court cases involving the mining sector and human rights in developing countries, with emphasis on the precedence setting Choc v. Hudbay rulings and the impact of this case on Canadian jurisprudence in the areas of forum non conveniens, parent company duty of care, doctrine of limited liability, and the application of international law. The paper recommends approaches Canadian lawmakers may pursue to guarantee access to Canadian courts for foreign human rights victims at the hands of Canadian mining companies, which includes eliminating forum non conveniens as a defence in human right cases, guaranteeing home court access in bilateral trade agreements, recognising international human rights law in Canadian courts, and removing the shield of the doctrine of corporate limited liability in human rights cases, especially where companies have knowingly established operations in areas of conflict or weak rule of law.

Reflections on Rehabilitation as a Form of Reparation in Chile after Pinochet’s Dictatorship

This article considers the Programme for Reparation and Integral Health Assistance for Victims of Human Rights Violations (prais) in Chile. It includes a summary of the reparations programmes implemented in Chile from 1990 to 2004, to redress the human rights violations suffered by victims of Pinochet’s dictatorship (1973–1990). The Health Programme was created in 1991 and reinforced by law in 2004. It has been the principal reparation measure for victims of human rights violations adopted in Chile, including third-generation relatives. This article puts them in context and assesses achievements and challenges of the reparations programme.

Putting the Victim’s families first: The comparative analysis of the Inter-American Court of Human Rights and the European Court of Human Rights on the Right to be Free from Torture in cases of Enforced Disappearances

This article aims to assess the American Convention on Human Rights in relation to the European Convention on Human rights on the topic of decisions made in cases of enforced disappearances. Case law, peer-reviewed articles, books, and legislation were used in the course of the article. The argument in this article is that the Inter-American Court of Human Rights is more responsive to the vulnerability of the applicant to the Court, in cases of enforced disappearances, in comparison to the European Court of Human Rights. This is because the Inter-American Court uses a lesser standard of proof than beyond a reasonable doubt when assessing violations of the right to be free from torture. In contrast, the European Court uses the standard of beyond a reasonable doubt only when dealing with allegations of violations of Article 3 of the ECHR, which is the prohibition of torture. This use of the standard is inappropriate given that the role of international human rights law is not to be punitive, for that is the role of a criminal court, but rather to give reparation and redress to the victims and families of victims of human rights violations. The article finds that the Inter-American Court is more progressive than the European Court when addressing the right to be free from torture in cases of enforced disappearances due to its extensive experience, its lack of a rigid standard of proof, and its opinion on the responsibility of burden of proof.

Judicial Reform and Access to Justice: The Impact of Criminal Justice Reforms on Transitional Justice Efforts in Latin America

The criminal justice systems in Latin America have experienced profound transformations since the 1980s. But what has been the impact of criminal justice reforms in terms of access to justice and human rights adjudication? Although there are studies looking into the advances and failures of judicial reforms in general, systematic empirical research that helps us assess how new institutions and legal rights are actually working to improve individual criminal accountability for human rights violations is still scarce. In this paper, through a mixed-method approach, I explore the impact of reforms on access to justice for victims of human rights violations.

MEMORIAS DE LA VIOLENCIA POLÍTICA EN CHILE: 1970-2014

En este artículo se reflexiona en torno a las memorias de la violencia política en Chile. Se argumenta que la hegemonización de las memorias de y sobre las víctimas de las violaciones de los derechos humanos ha contribuido a contribuido a invisibilizar otras memorias, de diversos sujetos sociales, que se diferencian de las anteriores y participan también de la construcción del presente. Estas memorias, menos visibles y sin expresión organizada en lo público, inciden en las acciones tanto de individuos como de grupos, ya que a partir de ellas las personas interpretan la realidad, construyen opiniones y toman decisiones frente a las condiciones del presente. Son memorias de menor visibilidad y reconocimiento, que participan del proceso de memorialización de una forma menos clara y precisa, pero que tienen importantes efectos psicológicos, sociales y políticos. Por otro lado, se sostiene que limitar las acciones y políticas de memoria a la reparación de las víctimas y a la reconciliación entre sectores contrapuestos de la sociedad, ha excluido de la discusión pública el debate serio y reflexivo en torno a las violencias políticas ejercidas en democracia, limitándonos a su condena moral y a la defensa de un nunca más que excluye las prácticas actuales.