Violation Of Basic Human Rights Research Articles

Discrimination and Social Exclusion of People Experiencing Mental Disorders in Burkina Faso: A Socio-anthropological Study.

Stigma has been pointed out as a barrier to mental healthcare in sub-Saharan Africa. Among the manifestations of stigma, the use of physical restraints is condemned as a form of violation of basic human rights. Research on this phenomenon is limited in West Africa and more particularly in Burkina Faso. This study explores the phenomenon of stigma of individuals experiencing mental disorders in Bobo-Dioulasso (Burkina Faso). As part of 8 months of socio-anthropological fieldwork, we interviewed 94 informants (7 focus groups and 25 individual interviews) to document exclusionary practices, their perceptions, and justifications. Exclusionary practices can be divided in five subgroups: ignoring, physically and sexually abusing, abandoning, banning, and restraining. Some practices were linked to a lack of financial and material resources, while others were justified by an inferior moral status. We observed differences in the type of exclusion experienced between men and women. Restrictive, abusive, and exclusionary measures are common in Bobo-Dioulasso. These practices can either be understood as part of families' adaptative strategies when dealing with chronic conditions, as part of security measures in the case of patients with aggressive behaviors, or as part of punitive measures when transgressions are committed. We conclude the article by addressing the tensions between local and global meanings of stigma.

Effects of Gender Violence on Self-Esteem among the Adolescents of Turkana County, Northern Kenya

Violence against women has been one of the most prominent issues and a major public health concern. It is a principal violation of basic human rights and has both physical and mental effects on the victim. Evidence suggests adolescent self-esteem is influenced by beliefs of how individuals in their reference group perceive them. However, few studies examine how gender-based violence-related affects self-esteem among adolescents of Turkana populations in northern Kenya. This study examined the effects of sexual violence on adolescents’ self-esteem in Turkana County. Descriptive survey method was used to get preliminary results and Chi-squared test and Spearman was used to test the significant of variables. The study established that incest was the most commonly reported among the girls, followed by defilement, forced early marriage and forced hugs, inappropriate touching of the body parts body and suggestive teasing, which were found to be the major types of sexual violence among young girls in Turkana County. The study concluded that sexual violence is prevalent in Turkana County and violence with young girls and adolescents as the victims. The study recommends that enforcement and implementation of laws and policies related to gender-based violence must be improved to include advocacy and capacity building required for the law enforcement agencies as well as institutions that implement the national policy on gender-based violence with men, boys and community leaders must be sensitized on the rights of women through community mobilization activities by the community health volunteers, women groups and civil society organizations.

Human Organs Trafficking: Perspective from Criminal Matters, Business and Human Rights

Background: The trafficking of human organs has evolved over the years. At first it appeared across isolated cases, but over time it has increased the curiosity of organised crime due to the high benefits and the small possibility of the perpetrators being pursued with an international character. The perpetrators of this criminal act start this criminal activity with the trafficking of sperm, but they can also continue with the tissues and organs from corpses. Also, human rights have evolved in recent decades. Today, human rights are at the epicentre of global poli- tics. In addition, security issues, poverty, social inequality, non-respect of human rights, lack of adequate laws, and lack of law enforcement are prerequisites for a particular impact on the trafficking of human organs. Methods: This paper provides a comparative look at the topic with a special emphasis on hu- man organ trafficking by analysing in different and interrelated perspectives, including the social aspect, criminal aspect, the benefits of criminal groups, and the violation of basic human rights. Results and Conclusions: As part of the concluding remarks, suggestions for future actions by law enforcement institutions in terms of anti-trafficking policies and practices.

Quality of Life and Coping Strategies among Acid Survivors

Background: Acid Violence is one of the worst form of violation of basic human rights and a major public health issue. Though the prevalence has dropped dramatically after the enactment of two important laws against this crime in Bangladesh the victims in this country are still leading a disastrous life. The present study aimed to identify the score of Quality of life and to find out the coping strategies among acid victims. Methods: This cross sectional study was conducted from July to September, 2019 among purposively selected 101 acid victims in four districts of Bangladesh. Data was collected through face-to-face interview by using SF-36 Health Related Quality of Life scale and Brief Cope Inventory (Carver). Results: About 82% of the acid victims were female, 51.49% were illiterate, income of 69.3% respondents were below 5000 Taka, 80.2% got married before the age of 18 years. Apart from Physical functioning (63.66±32.124) and Social functioning (60.89±39.198), all the domain of the QOL score remains below 30, the score of General health is 27.97±30.791. Active coping was followed a lot (43%) among all the other coping strategies. There was positive correlation with active coping and social functioning(r=0.359, p=0.000) and physical functioning (r=0.288, p=.003). Conclusion: Even after many years of the violence, the acid victims have not regained a good quality of life. Community support and frequent motivational campaigns can help the acid victims to cope up with their situation more positively and thus improve their quality of life. JOPSOM 2021; 41(1):19-24

THE CONTRIBUTION OF THE INTERNATIONAL CRIMINAL COURT IN TRANSITIONAL JUSTICE OF THE POST-CONFLICT SOCIETIES

As a complex concept, transitional justice includes processes and mechanisms related to the efforts of post-conflict societies to face inter alia the consequences of mass abuses and violations of basic human rights. National and international non-judicial and judicial mechanisms are included in these processes. The international courts, the aim of which is to prosecute genocide, war crimes and crimes against humanity, could also be included. The international intervention through investigations could be an important contribution in achieving the goals of transitional justice. Reasonably, these processes are expected to lead to reconciliation and sustainable peace. Unfortunately, in practice, sometimes these expectations turn into disappointments. The paper aims at providing an overview of some of the actual and potential questions of the contribution of The Court in transitional justice in post-conflict societas. The intention is to answer two key questions: 1. Whether and how the International Criminal Court can contribute in achieving the goals of transitional justice? 2. Has the Court since it was established until today made a significant contribution in achieving the goals of transitional justice in post-conflict societies? In this order, we will review the key instruments that are available to the International Criminal Court from a formal point of view, and will consider the Court’s possibilities for processing specific cases from a practical point of view. The factual challenges and criticisms that the International Criminal Court has faced since its inception, will also be discussed.

요양병원 노인인권 침해에 관한 연구

Currently, a nursing hospital is a hospital-level medical institution in which doctors, dentists, or oriental doctors perform medical treatment mainly for inpatients under the Medical Act, and any medical person other than a doctor or oriental doctor can be opened.
 So-called nursing hospitals must inevitably have more than 30 nursing beds and have medical personnel of a certain level or higher. To open a convalescent hospital, permission must be obtained from the mayor/ province governor as prescribed by the Ordinance of the Ministry of Health and Welfare after deliberation by the City/Province Medical Institution Establishment Committee. If not, permission cannot be obtained.
 Currently, patients who are admitted to nursing hospitals are 1. Elderly patients, 2. Chronic patients, and 3. Those who have a recovery period after surgery and injury, and mainly need nursing care. With the enactment of the Medical Act in 1994, the legal concept of nursing hospitals was stipulated. Since the 2000s, the number of elderly nursing hospitals has increased rapidly in tandem with the increase in the elderly population following changes in Korea's demographic structure. In the midst of this, cases of human rights violations of the elderly continue to occur in the stages of entering and leaving nursing hospitals and living stages. The violation of the human rights of the elderly here is related to the violation of basic human rights under the Constitution and, furthermore, to the issue of elder abuse under the Elderly Welfare Act.
 Therefore, in this paper, it is hoped that policies and measures for ensuring and realizing the rights of the elderly are guaranteed and realized through the correct prevention of violations of the human rights of the elderly in nursing hospitals. First, we would like to make legislative proposals on the provision of human rights education regulations, second, the mandatory installation of CCTVs, third, the necessity of expanding medical personnel, and fourth, the unification of management and supervisory bodies for insolvent nursing hospitals.

An Analysis of The Presentation of Human and Democratic Rights Abuses in AMELMAL’S YÄLTÄKOÄCHE GUZO (1974- 2018)

The main objective of the study is to examine the depiction of democratic and human rights abuses in Amelmal’s, Yältäkoäche Guzo (Unfinished Journey). One of the considerable importances of literature all over the world is its use of sympathetic and attractive literary language to expose basic human right abuses since human rights are also part of human life. Therefore, analyzing the roles of literatures that are written in Amharic language in portraying basic human rights violations is paramount. However, literatures written in Amharic language are not well studied from human rights violation perspectives. This article, therefore, explores how the violations of basic human rights are depicted in the selected novel. Because there was no computable data used, the study considered qualitative research method. Regardless of the system by which a country is ruled, human rights are inviolable because they are innate. The analysis of the novel, however, depicts that the inviolable human and democratic rights of human beings have been violated. The finding of the study showed that the depiction of human and democratic rights violations was explicit. It showed that people’s rights to life, rights to equality, rights to liberty, and rights to election were abused during the two political regimes.

과학기술의 발전에 따른 형사절차상 변화와 헌법적 쟁점

The development of science and technology has a wide range of impacts on the criminal procedure. First, once it is acknowledged that there is a lack of penalty regulations to the violation of legal right and interest using advanced technologies, a need to establish newly or improve the existing elements of a crime arises. Also, where there are penalty regulations but the existing investigation and trial method have a limitation in properly responding to the crimes of such kind, an attempt to adopt a new policy is sought on occasions. In addition, while science and technology are used to improve the efficiency of investigation or trial sometimes, the problem of the violation of basic human rights is often noticed in the course of discussion. With this background in mind, this paper examined the changes in the criminal procedure due to the development of science and technology and the constitutional issues related thereto. First, this paper looked into the impacts of science and technology on the criminal procedure, and then investigated the types of changes that are required in the criminal procedures with the commercialization of the advanced technologies, such as encryption and data anonymizationas well as autonomous driving technology. Furthermore, it explored the constitutional issues raised in the course of adopting advanced technologies such as artificial intelligence(AI), drone, robotics, internet of things(IoT), and extended realities(XR) in the criminal procedure.

Interrogating “Marginality” in Bombay Cinema: An Exhaustive Historiography

Interrogating “Marginality” in Bombay Cinema: An Exhaustive Historiography

Medical negligence and liability; A perspective from violation of international human rights law

In the present world, there has been a great amount of improvement in medical services through technology and science. Developed methods and treatments are invented, and thousands of lives are also saved. Day by day, new doors of innovation and inventions are being opened in this sector. But in spite of these developments, there is also a black dot in that improvement which is adding to the health issues of the population, called "Medical Negligence". It's the breach of “duty of care" standard on part of the medical personnel in charge, having liability to fulfil the standard and eventually leading to the occurrence of "medical negligence ". The determination of liability in cases of “medical negligence", is a complex one. In this regard, this paper opts to discuss the determination of the liability of the medical personnel in question of medical negligence as well as the legal consequence of such medical negligence as violation of basic human rights under International Human Rights Law.

Training Educators to Foster Inclusion and Resilience: Lessons From Ukraine

The implementation and development of inclusive education are one of the goals of Ukraine’s educational reform, thus training and professional development of teachers involves building skills to teach students with special educational needs and disabilities in inclusive settings. Over the past five years, there has been a significant increase in the enrollment numbers of students with special educational needs, so the quality training of educators with the understanding and capacity to organize a safe and inclusive learning environment should be a priority of education policy. The paper analyses the consequences of the military invasion of the Russian Federation and the humanitarian crisis it caused that deteriorate and disrupt educational services for all categories of students, including those with disabilities. Still, notwithstanding air raids, targeting civilian infrastructure, war crimes, violations of basic human rights, and forced migration, the Ukrainian state and its educational system display signs of resilience. It is highlighted that being a result and a process of positive adaptation to adverse circumstances, resilience should be studied in the context of resistance and vitality of Ukrainian society during the war and post-war recovery. It is found that diverse reactions to stressful and traumatizing factors can be determined and caused by multiple dynamic interactions at the personal and systemic levels. Psychological resilience as the ability to resist a traumatic impact may vary individually; however, it can be effectively developed within the socio-ecological system framework. Its application involves understanding that the development is influenced by a combination of interactions at the micro-, meso-, exo-, macro-, and chrono-system levels. Thus, teacher training in universities and colleges, being conducted at the organizational system level, can build individual resilience and, consequently develop community, society, national and global resilience at the present and in the future.
 It is emphasized that developed individual resilience can eliminate the appearance of behavioral and mental disorders (ADHD, PTSD, anxiety syndrome, deviant behavior) in children and social marginalization, aggression, and mental disorders in adults who were exposed to traumatic war events. Thus, it is important to analyze resilience at all levels during the acute phase of the conflict and to develop mechanisms for the development of individual and national resilience in the post-war period. The paper presents the findings of the inclusion and resilience awareness survey among pre-service teachers. The hypothesis has been proposed that the application of inclusive practices contributes to building resilience and enforces national resistance to aggression. The author substantiates the introduction of narrative speech, art and performance techniques, inclusive community leadership, and building soft skills in the professional training of educators. The ideas and practices of including persons with disabilities, veterans and those affected by the war should be applied while developing models of assessment, monitoring, and building resilience. Thus, teacher training can provide invaluable resources for an inclusive and resilient society.

#ForeignersMustGo versus “in favorem libertatis”: Human rights violations and procedural irregularities in South African immigration detention law

In 2021, an estimated 3.95 million foreign nationals resided in South Africa, with no data available on numbers of displaced persons or undocumented migrants residing without legal or valid immigration status. Surveillance data on immigration detention are scant. We present a socio-legal account of the historical evolution of South African immigration detention regulation in post-apartheid timeframes, with a view to providing a legal realist assessment of the socio- and politico-legal dimensions pertinent to human rights assurances of immigration detainees in South Africa. The realist focus is on scrutinizing South Africa’s progress in upholding the rights of immigration detainees and illustrating the contemporary complexities in ensuring due process in the (co)application of the Immigration Act (and Refugees Act) explicitly regarding immigration detention processes and practices. We present the applicable international and regional African human rights treaties, domestic regulations, and relevant jurisprudence to the rights of immigration detainees in South Africa. The generated realist narrative is cognizant of the contextual forces of migration into South Africa, securitization agendas, and violations of basic human rights and due process, and illustrates various gaps in the application of domestic laws, policies, and standards of care regarding immigration detention when evaluated against the rule of law.

Policy and political implications of government responses to COVID-19 in Ethiopia

ABSTRACT In Ethiopia there have been contested political debates over the government’s response to mitigate the impact of COVID-19. The postponement of the sixth national election, constitutional interpretation and the continuation of the terms of the House of People’s Representatives are sources of contentious political debates. All these require policy and political analysis. Political actors argued that the contested political notions have critical political and policy implications that extend beyond the impacts of the pandemic. The country’s political history is marked by political opportunism and power struggles in which force is used to conquer/maintain power, as well as political repression and a lack of political consensus. It is argued that COVID-19 was used as an opportunity by political actors to consolidate their power. Together with identity politics, such political opportunism contributed significantly to the escalation of political tensions that led to civil war throughout the country. It also has more far-reaching effects on people’s sociopolitical and economic lives such as mass deaths, displacements and violations of basic human rights than COVID-19. Furthermore, it altered the country’s diplomatic relations with the international community. Therefore, in Ethiopian politics, the notion that political problems are more pressing than the consequences of COVID-19 is plausible.

Gendered Nationalism And The Sri Lankan War: Reading Select Representations

The Sri Lankan Civil War, spanning more than a quarter of a century, witnessed brutal violence and gross violations of basic human rights in the name of establishing a quintessential ethnic identity. The raisons d'être were various, as were perspectives. This paper tries to look at the event from the lens of 'gendered nationalism', in which the role of gender (particularly the feminine) is studied via analyses of its different performances and representations in shaping the concept of nationhood. How female bodies and stereotypes of feminity coincided with the concept of nationalism is studied, reading events and representations.

"A Fundamental Violation of Basic Human Rights": An Interview With Loretta J. Ross

"A Fundamental Violation of Basic Human Rights":An Interview With Loretta J. Ross Sarah Jones (bio) and Loretta J. Ross (bio) Click for larger view View full resolution Loretta J. Ross (Molly Crabapple) [End Page 24] When the Supreme Court overturned Roe v. Wade in June 2022, the Christian right rejoiced. Although the decision didn't end abortion in the United States, it generated new possibilities for abortion opponents while setting back the feminist movement. The increasing criminalization of abortion has forced doctors and patients into impossible contortions. In Ohio, a ten-year-old girl fled the state to end her pregnancy. In Louisiana, where abortion is tightly restricted, an ob-gyn said that a hospital lawyer prevented her from performing a medically necessary abortion to remove a fetus that wasn't viable; instead, she had to induce delivery. The patient "was screaming—not from pain, but from the emotional trauma," she said in an affidavit. For people who can become pregnant, the situation is not likely to improve from here. We cannot count on the courts. The police are the enemy, and politicians can be fickle allies at best. What, then, can we do? To answer this question and more, I turned to one of the nation's leading feminist activists, Loretta J. Ross. A cofounder of SisterSong, a reproductive rights organization led by people of color in the South, Ross is a recent MacArthur Foundation grantee for her landmark work in reproductive justice. As the MacArthur Foundation observed on its website, Ross worked alongside other women of color in 1994 to help design a framework that links the right to have a child or not to the right to raise a child in safety—an outcome that demands access to healthcare, housing, and a clean environment, among other necessities. Ross spoke with me the day after the midterm elections offered feminists some hope that public opinion had turned against the anti-abortion movement. Sarah Jones: I thought we could begin with the question that I think many people had after the Supreme Court announced the Dobbs decision: how do you think we got here, to the end of Roe v. Wade? Loretta J. Ross: Well, we got to the end of Roe v. Wade because of Republicans. Since the 1970s, they have been committed to building a [End Page 25] base, putting together people who are opposed to immigration, people who are opposed to integration, people who are opposed to women's rights and feminism, and people who are opposed to gay rights. They called that group "the moral majority," but there is nothing moral, or majoritarian, about them. They made a commitment to engage in culture wars as a way of marching back into power and trying to permanently hold onto it. The manipulation of the culture wars, particularly around abortion rights, is a base-building strategy for people who want to pack the Supreme Court to protect themselves from criminal prosecution for their corruption. They've learned that they're out of step with the rest of the country. They have to cheat, because they can't compete. And that's why we're seeing all this voting rights suppression, not only targeting Black, Latino, and Indigenous voters, but young voters. Eighteen-to-twenty-nine year olds in the 2020 election voted for Biden, not Trump. The results were particularly surprising with the white portion of that group, who didn't vote for the candidate that most represented white supremacy. So you're seeing the shutting down of voting precincts that are near colleges, and people who are going to school out of state not being allowed to mail in ballots. Jones: The end of Roe occurred alongside the growth of this resurgent, far-right movement. How should we understand the relationship between them? Ross: They really do believe that white men are an endangered species, and so they're trying to achieve through coercion something that they cannot get any other way: to compel more white women to have more babies. They want to push white women out of the job market, because there aren't enough jobs to go around. They want them to...

Istanbul Convention: the right to life without violence

The Convention of the Council of Europe on preventing and combating violence against women and domestic violence, or as it is also called the Istanbul Convention, is an international document that imposes absolute obligations on the signatory states regarding those who experience violence. Violence against women is systemic throughout the world and is measured in hundreds of thousands of cases per year in countries. The convention defines that absolutely all types of violence are a violation of basic human rights and freedoms. Thus, this document obliges state authorities to develop a comprehensive strategy to support and protect people who have experienced violence and to punish those responsible for such acts. The Istanbul Convention is the first international legal document on the prevention of gender-based violence. The starting point for this convention is the thesis that de facto and legal equality between men and women is an important component for preventing violence against women in particular. The article is devoted to proving the need for Ukraine to ratify the Council of Europe Convention on the Prevention of Violence Against Women and Domestic Violence and Combating These Phenomena (Istanbul Convention). The article examines issues related to the general policy of the state, which is aimed at eradicating gender-based violence, which is confirmed by the relevant regulatory and legal acts. Also, the focus is on preventing and combating domestic violence, due to which some forms of violence against women do not get the attention they deserve. Despite the positive changes in Ukrainian legislation aimed at criminalizing domestic violence and crimes related to domestic violence, not all acts stipulated by the Istanbul Convention have been criminalized. Also, the practice of applying special measures against domestic violence indicates serious problems in the field of law enforcement. There are also certain gaps in the protection of persons who have suffered from gender-based and domestic violence, which indicates an insufficiently developed state mechanism for providing assistance to such persons. Ratification of the Istanbul Convention in Ukraine took place 11 years after its signing. After all, there were quite a few obstacles that delayed this process.

State-level legal and sociodemographic correlates of child marriage rates in the United States

The United States and 193 other nations have pledged to end child marriage, which is widely considered a violation of basic human rights, by 2030 under the United Nations Sustainable Development Goals (SDG 5.3). Although there is a breadth of knowledge on child marriage in many low- and middle-income countries, little research and policy discussion exists surrounding child marriage within the United States. Using administrative data from several sources, this study examines how a range of different state-level variables, including political lean, academic performance, median household income, religiosity, population density, and median distance to an abortion clinic are related to variation in child marriage rates across states. Additionally, the study examines how minimum age requirements and other state laws, such as parental and judicial consent, are related to child marriage rates. Significant correlates of higher state-level child marriage rates in the United States included lower median state income, higher religiosity, lower academic performance, and more Republican political lean, whereas state minimum marriage age laws, median distance to an abortion clinic, population density, and state law loopholes were not significantly correlated with child marriage rates. Setting a federal minimum marriage age of 18 years would be necessary to eliminate child marriage in the United States.

Institucionalna politika očuvanja sigurnosti dece kao mehanizam za unapređenje sistema zaštite dece od nasilja u državnim institucijama Republike Srbije i Bosne i Hercegovine

Violence against children is one of the most serious forms of violation of basic human rights. Significant efforts have been made in Bosnia and Herzegovina and the Republic of Serbia to protect children from violence at the systemic level, but these processes, as well as their effects, have not been thoroughly evaluated so far. In order to review and better understand the context for the protection of children from violence in institutions, an analysis was conducted in which the normative and strategic framework in both countries were critically reviewed. The goal of this paper is to present the results of the analysis which indicate the existence of a good basis in the normative and strategic framework, but also the need to strengthen the capacity of institutions through improving existing procedures, introducing child safeguarding policies and improving competencies of professionals to recognize and respond to situations in which the safety of children is at risk.

A Critique on Sentencing Policy with reference to Vehicular Homicide Cases in India

The importance of the topic is highlighted, from the very fact that culpability is set according to the level of blameworthiness on the part of accused. This blameworthiness is known as guilty mind or to be more precise a blameworthy state of mind. There are many degrees or kinds of mens rea, with their corresponding levels of culpability like Intention, knowledge, recklessness, negligence, etc. The punishment decreases as the mens rea fall the ladder. The importance of mens rea in criminal jurisprudence is again stressed by the maxim “Actus reus non facit reum, nisi mens sit rea” which implies that “The act itself does not constitute guilt unless done with a guilty intent". Due to this elusiveness of Mens Rea, there is a disproportionate sentencing by the Courts which gives rise to injustice and violation of basic human rights and dignity of the victim. The paper shall decipher various issues pertaining to mens rea in Vehicular Homicide Cases and shall endeavour to come with suggestions to curb this menace.

Migrants and Refugees

A negative impact on public safety and security caused by the massive presence of different categories of migrants and refugees in Bosnia and Herzegovina is considered a source of instability for the last several years. Current migration management approaches in Bosnia and Herzegovina seem to be ineffective and causing direct impacts on security in local communities. Frequent violations of basic human rights and freedoms of migrants often causing adverse responses against public safety in local communities. Securitization of migrations in Bosnia and Herzegovina becomes a legitimate approach by different organizational levels and further leading to the humanitarian crisis of unprecedented scale. It is necessary to change the current approach in Bosnia and Herzegovina to improve the migration management process in local communities ensuring minimal impacts on public safety and security. The unified, organized, and effective approach in establishing migrant transit centers based on humanitarian principles might bring many benefits to local communities. Overall positive effects of such solution might abolish any financial constraint argued by local authorities in Bosnia and Herzegovina. Comparative analysis of different migrations strategies implemented in Turkey and Greece suggests that the migration crisis approach should be highly coordinated and, to a certain level, centralized to prevent negative implications on public security.