Violation Of Human Rights Research Articles

Losing sight of the abuse: how and why women’s and children’s rights are violated in child contact decisions after intimate partner violence in Europe

ABSTRACT International human rights law sets out the right to life and freedom from torture and ill-treatment. This includes the positive obligation of states to prevent, protect and punish acts of private individuals that threaten the life and limb of another person. Permeating through many areas of law, this duty of due diligence is particularly important for women and children who require protection from abuse perpetrated by intimate partners or family members. The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence details these obligations, including in family law. Based on the work of the convention’s independent monitoring body (GREVIO), this article offers a categorisation of factors and mechanisms that thwart women’s and children’s rights in family law proceedings, resulting in unsafe child contact regulation after intimate partner violence. It shows the shared nature of these factors across several European jurisdictions and places them in context with the interpretative work of international human rights bodies and the European Court of Human Rights. Situating the discussion in the context of growing anti-feminist movements seeking to expand patriarchal notions of family authority, it argues for an understanding of family law processes as a setting for human rights violations.

Norm entrepreneurship and legal frameworks against corruption: human rights perspectives in international law

ABSTRACT The study of corruption as a violation of human rights has been growing since the adoption of the United Nations Convention Against Corruption in 2003, as exemplified by the adoption of the United Nations General Assembly political declaration regarding commitment to effectively prevent and combat corruption in 2021. Corruption has devastating impacts on human rights, but it has not yet been legally established as a violation of human rights. The current scholarship on corruption as a violation of human rights is heavily dominated by legal research; therefore, the state-of-the-art of this article is the combination of international relations and legal theory. This article analyses the work of the norm entrepreneur in transforming corruption as a violation of human rights from an emerging norm into a legal norm. The concept of international norm dynamics is utilized to assess the stage of norm development. Interactional legal theory is used as a guide to suggest that the norm entrepreneur focuses on the subsequent norm entrepreneurship based on the standard of legality. This article argues that the transformation of an emerging norm into a legal norm is possible; however, its feasibility depends on the continuous work of the norm entrepreneur to fulfil the standard of legality.

Changes in Attitude toward Intimate Partner Violence in Rapidly Developing Countries: The Case of Indonesia

Male-perpetrated intimate partner violence (IPV) is a severe human rights violation that negatively affects women’s well-being worldwide. Although many studies have examined the factors influencing IPV, few have investigated the changes in attitudes toward IPV during rapid economic growth. Therefore, this study aimed to clarify changes in attitudes toward husband-on-wife violence by gender, from 2007 to 2017, using individual data from the Indonesia Demographic and Health Surveys. The estimation results revealed that, despite being more accepting of IPV, young women, women living in rural areas other than Java and Bali, and women belonging to lower social classes have significantly increased their negative attitudes toward IPV over the past decade. Although negative attitudes toward IPV have increased significantly among men living in eastern Indonesia, men in their teens, 20s, and 30s and those living in Sumatra have become more accepting of IPV. This suggests that the overall awareness of IPV resistance among men has not increased. The acceptance of IPV is more prevalent among employed women in the middle and lower socioeconomic strata than among their unemployed counterparts. However, the reverse trend has become clearer among women in the upper strata over the past decade.

The Impact of Islamophobia on the Persecution of Myanmar's Rohingya: A Human Rights Perspective

AbstractThe concept of Islamophobia and the persecution of the Rohingya minority—these two phenomena are highly significant in the world context. These factors have affected systematic violence and statelessness for many years by the Myanmar Buddhist majority and the Myanmar government itself. The Rohingya community has a significant connection with several factors, including political, economic, national, and religious relations. This paper is dependent on a qualitative research methodology using secondary data was used. Myanmar is a non-secular, Buddhist-dominated country where the Buddhist majority holds a perception of Islam to justify their violence towards this community and to ensure Buddhist domination. This paper will shed some light on the argument, and discusses the extent to which Islamophobia is significant behind violations of human rights in the Rohingya community.

Prison systems must embrace disability rights as a human rights imperative

For decades, India has been a staunch supporter of the human rights regime. However, lately, its positive role has been jeopardised by glaring instances of human rights violations against prisoners, especially those with disabilities. Since the edifice of the Convention on the Rights of Persons with Disabilities and the subsequent Rights of Persons with Disabilities Act emphasises non-discrimination and reasonable accommodation, our policies, laws, and procedures need to be aligned with the human rights model of disability. We offer insights into the current challenges and propose disability-inclusive prison reforms, advocating for data disaggregation, legislative amendments, accessibility measures, and decision-making autonomy support. Upholding ethical healthcare standards is vital. Adhering to human rights principles and legal mandates in policymaking is crucial to combat systemic injustices and ensure equitable access to justice for all.

Corporate Sustainability Due Diligence

Ever since the concept of Corporate Social Responsibility (CSR) be-gan to take off in the 1970s, multinational corporations (MNCs) and international organizations have attempted to implement a variety of voluntary initiatives to detect and prevent human rights and environ-mental abuses within corporate supply chains. Despite these voluntary initiatives, however, human rights violations and environmental dam-age have continued to occur frequently within the supply chains of MNCs, leading to increased calls for binding, “hard law” remedies. The adoption of the United Nations’ Guiding Principles on Business and Human Rights (UNGPs) in 2011 catalyzed efforts to adopt domestic mandatory human rights due diligence (mHRDD) laws, and since 2017, a growing number of nations have passed more comprehensive human rights and environmental due diligence (HREDD) laws that recognize the connection between human rights and the environment. The most ambitious HREDD proposal thus far is the European Union’s proposed Corporate Sustainability Due Diligence Directive (CS3D), which, when enacted, will impose mandatory human rights and environmental due diligence requirements on corporations that conduct business in the European Union. This Note assesses the feasibility and desirability of adopting domes-tic HREDD legislation in the United States based on the framework provided by the EU’s proposed CS3D. The predominant reliance in the U.S. on voluntary CSR initiatives and limited disclosure regulations is insufficient to prevent human rights and environmental abuses in the supply chains of US-based MNCs. This Note argues that the proposed CS3D provides a promising model for how Congress could take strong-er action in this area. Although it would not completely prevent adverse impacts and could be initially challenging to implement because of the ambiguity surrounding its scope, comprehensive federal HREDD legislation based on the CS3D framework would be a significant step towards filling in the gaps in U.S. corporate accountability.

The Ten-Year Revolution

Abstract This article reviews the evolution of the role of civil society documentation efforts in international justice proceedings since 2013 circa. It is written from my personal perspective by virtue of my involvement in a series of initiatives aimed to strengthen civil society’s (as well as other international justice actors’) documentation efforts through the collection of standards and best practices, which the essay also discusses. In particular, it reviews the process and challenges of setting forth the first comprehensive guidance and set of best practices for civil society documentation with the Public International Law and Policy Group’s ‘Handbook on Civil Society Documentation of Serious Human Rights Violations’. It argues that civil society documentation efforts have undergone a revolution within the field: from the margins to the very heart of international judicial proceedings upholding accountability for international crimes. This revolution was, in part, rendered possible by a changing documentation landscape and the proliferation of documentation resources and capabilities now readily available to the civil society. After reviewing the current state of play with respect to documentary efforts and documentation best practices, which I situate within the context of a broader evolution of the international justice ‘ecosystem’, the article addresses some ongoing challenges in documentation and areas that would benefit of further strengthening in the future.

The magnitude of gender-based violence, health consequences, and associated factors among women living in post-war woredas of North Shewa zone, Amhara, Ethiopia, 2022

BackgroundGender-based violence (GBV) is a pervasive global public health concern and a violation of human rights, particularly pronounced in conflict settings where it is often used as a tool of warfare to instill fear and control populations.ObjectiveAssessment of Magnitude, Associated Factors, and Health Consequences of GBV among women living in war-affected woredas of North Shewa zone, Ethiopia, 2022MethodsA community-based cross-sectional study was conducted, involving 845 randomly selected women living in conflict zones. Data on GBV experiences over the previous 3 months were collected through interviewer-administered questionnaires developed from literature review. The collected data underwent validation, entry into EPI data, and analysis using SPSS. Findings are summarized using descriptive statistics, AOR and 95% confidence interval.ResultThe magnitude of GBV in this study was (490, 58.0%) where, (466, 55.0%) psychological violence, (254, 30.1%) physical violence, and (135, 16.0%) reported sexual violence. A majority of the physical violence, (161, 63.4%), occurred during conflict period, with (143, 56.3%) of these cases involving armed forces, and (161, 63.4%) women experiencing physical violence in their homes. Urban Residence AOR = 2.65, CI, (1.82–3.89), Educational status of Secondary education AOR = 0.33, CI, (0.19–0.57, and ≥College AOR = 0.17, CI, (0.09–0.35), Occupation of Housewife AOR = 1.88, CI, (1.20–2.94), Private employee AOR = 6.95, CI, (3.70–13.04), Gov't employee AOR = 5.80, CI, (2.92–11.50), and others (Students) AOR = 3.46, CI, (1.98–6.01), Ever had sexual intercourse AOR = 0.46, CI, (0.25–0.83), Have heard about SRH AOR = 0.59, CI, (0.40–0.89), Have had previous GBV exposure AOR = 0.24, CI, (0.15–0.38), having a previous history of sexual violence AOR = 0.30, CI, (0.16–0.57), and Number of sexual partner AOR = 1.84, CI, (1.13–2.99) were identified to be associated factors of GBV in our study area. The most commonly reported consequences of GBV were Anxiety, depression, physical injuries, self-blame, women had school dropout, and abortion.ConclusionThe study reveals a higher prevalence of GBV, resulting in profound physical, social, mental, and reproductive health challenges for survivors. To address this, multi-sectoral cooperation is advised to enhance women's empowerment, access to information, and psycho-social support in affected areas. Furthermore, national policymakers are urged to implement preventive measures during conflict and establish legal mechanisms to ensure accountability for perpetrators.

Biopolíticas e “inscrituras”: la poesía de Raúl Zurita como communitas del dolor

This article analyzes part of the poetic work of Raúl Zurita, expressed both in some of his poetry books and in his "inscriptions" or material inscriptions and in his corporal self-mutilations to determine the functions that his art fulfills in the face of neoliberal biopolitical practices (Foucault, Agamben, Calveiro) and as a bet for a communitas of pain (Diéguez). It explains the meaning and function of books such as Purgatorio (1982), Canto a su amor desaparecido (1985) and zurita/in memoriam (2007), or interventions such as her verse "ni pena ni miedo" in the Atacama Desert, her presence in memorials or her intervention "El mar del dolor"; all as differentiated forms of resistance from art, against strategies of power that tried to "let die" part of the society in the context of the military dictatorship in Chile (1973-1990) and also in other contexts of human rights violations.

The rights of Venezuelan Indigenous women in Brazil

The large flow of indigenous refugees/migrants in Brazil represents a range of challenges in the context of social protection. Indigenous women face various forms of historical discrimination, and the situation is aggravated with the migrant and refugee population. This fact results in the exposure of this population to human rights violations in all everyday contexts, impacting civil, political, economic, social, cultural rights, access to justice, as well as the right to a life without violence. The study has as general objective to identify the rights of indigenous Venezuelan women in Brazil. A qualitative descriptive methodology was used, through a bibliographical review through the reading of literary works, articles, theses, and monographs that cover the object of study, as well as IOM Reports in Brazil. It is concluded that there is still much to be done, but, in the context of social assistance, in the analyzed location, the rights of Venezuelan indigenous women are being observed and the implemented actions are being improved.

Living ghosts and the Laapata: the episode of genocide continuum in Pakistani art

ABSTRACT The systematic disappearance of individuals is very much a global phenomenon. In Pakistan, this phenomenon re-emerged after Pakistan decided to get involved in the U.S.-led ‘war on terror’ in the wake of 9/11. This paper exposes the politics of necropolitics in Pakistan through art, as death plays a significant role in setting up a political change. I contend that Ramla Fatima’s artworks put a human face to death and speak truth to power, to draw on Foucault, interlinking death with politics to expose the hiding and camouflaging of death in Pakistan. Fatima’s artworks represent another episode of the genocide continuum in Pakistan – the unending enforced disappearances and the sufferings of the families of the laapata – the disappeared. By painting necropolitics, she transgresses the silencing culture, a legacy of enforced disappearances. Through art, she illustrates how victims and their families are condemned to a state of subalternity and ambiguity – ambiguous loss, slow violence and torture, and psychological scars. Her artworks also draw attention to the role of expressive art in evoking awareness of human rights violations and establishing the fact that the laapata’s lives matter.

Prevention is Better than a Cure: The Obligation to Prevent Human Rights Violations

ABSTRACT: The obligation to prevent human rights violations has received little attention in the international human rights community, including in academic commentary. This article considers the sources of the obligation to prevent violations in international human rights law and explores some of the content of the obligation. This leads to a recognition that this obligation may challenge the way we often approach human rights violations and what States need to do to comply. While much of the attention to human rights violations tend to be retrospective—after they have occurred, the obligation to prevent violations requires that action be taken before individuals and groups of individuals become victims.

"What Kind of Court Is This?": Perceptions of International Justice Among Rohingya Refugees

ABSTRACT: In the context of mass atrocities, the legitimacy of institutions for international justice—such as the International Criminal Court and International Court of Justice—is based on the assumption that they vindicate demands for accountability by the survivors of horrific human rights violations. Yet, notwithstanding advances in victim representation at these Hague-based courts, victim-centered justice remains elusive. This article contributes to centering the voices of survivors in their specific cultural contexts, against the backdrop of existing efforts that too often render invisible their perspectives. Through semi-structured interviews, conducted in late 2022, with 444 Rohingya survivors of genocide who have fled Myanmar to refugee camps in neighboring Bangladesh, we attempt to convey the priorities of these survivors situated within their cultural understanding of justice. We contextualize the empirical data gathered from the survey within Rohingyas' lived experiences of persecution in Myanmar, their cultural framings of communal justice, and their current reality of prolonged displacement in refugee camps in Bangladesh. The article concludes by describing the implications of this survey's findings on future engagement of the Rohingya in international justice processes, and a wider reflection on how grassroots perspectives can and should shape the global justice discourse.

The Evolution of Humanitarian Aid in Disasters: Ethical Implications and Future Challenges

Ethical dilemmas affect several essential elements of humanitarian aid, such as the adequate selection of crises to which to provide aid and a selection of beneficiaries based on needs and not political or geostrategic criteria. Other challenges encompass maintaining neutrality against aggressors, deciding whether to collaborate with governments that violate human rights, and managing the allocation and prioritization of limited resources. Additionally, issues arise concerning the safety and protection of aid recipients, the need for cultural and political sensitivity, and recognition of the importance of local knowledge, skills, and capacity. The appropriateness, sustainability, and long-term impact of actions; security risks for aid personnel; and the need for transparency and accountability are also crucial. Furthermore, humanitarian workers face the duty to report and engage in civil activism in response to human rights violations and the erosion of respect for international humanitarian law. Lastly, the rights of affected groups and local communities in the decision-making and implementation of humanitarian aid are vital. The traditional foundations and approaches of humanitarian aid appear insufficient in today’s landscape of disasters and crises, which are increasingly complex and divergent, marked by a diminished capacity and shifting roles of various actors in alleviating suffering. This article reviews the historical evolution of the conceptualization of humanitarian aid and addresses some of its ethical challenges and dilemmas.

Implementation of the World Health Organization's QualityRights initiative in Ghana: an overview.

Globally, human rights violations experienced by persons with psychosocial, intellectual or cognitive disabilities continue to be a concern. The World Health Organization's (WHO) QualityRights initiative presents practical remedies to address these abuses. This paper presents an overview of the implementation of the initiative in Ghana. The main objective of the QualityRights initiative in Ghana was to train and change attitudes among a wide range of stakeholders to promote recovery and respect for human rights for people with psychosocial, intellectual and cognitive disabilities. Reports of in-person and online training, minutes of meetings and correspondence among stakeholders of the QualityRights initiative in Ghana, including activities of international collaborators, were analysed to shed light on the implementation of the project in Ghana. In-person and online e-training on mental health were conducted. At the time of writing, 40 443 people had registered for the training, 25 416 had started the training and 20 865 people had completed the training and obtained a certificate. The team conducted 27 in-person training sessions with 910 people. The successful implementation of the project is underpinned by a committed partnership among stakeholders, strong leadership from the coordinating agency, the acceptance of the initiative and the outcome. A few challenges, both in implementation and acceptance, are discussed. The exposure of the WHO QualityRights initiative to a substantial number of key stakeholders involved in mental healthcare in Ghana is critical to reducing human rights abuses for people with psychosocial, intellectual and cognitive disabilities.

The Case Against Human Rights Penality

Abstract This article seeks to make the human rights case against human rights penality—that is, against the reliance upon and foregrounding of penal mechanisms in the protection of (certain) human rights. The rationale for the alliance between human rights and state penality has at least three central dimensions: effectiveness, accountability and equal protection. In particular, the mobilisation of criminal law (enforcement) and punishment is often treated as the most effective means of preventing and/or redressing human rights violations. Moreover, the criminal process and sanction are often understood as the pinnacle of accountability for serious human rights violations. Finally, the egalitarian rationale for human rights penality views it as redistributing protection to under-protected persons. While remaining committed to human rights, I unpack (some of) the ways in which human rights penality ultimately fails to uphold and even undermines the principles that it has been promoted as fulfilling within the human rights frame.

Pelanggaran Hak Asasi Manusia pada Kasus Sengketa Lahan Perkebunan Tahun 2012 di Kabupaten Ogan Ilir Provinsi Sumatera Selatan

Countries all over the world recognize human rights as very important rights and need to be recognized in their constitutions. The protection of human rights is also regarded as an integral part of the rule of law, so States pay primary attention to this concept. Therefore, the security, peace, and stability of a country can be threatened by human rights violations. In this case in Indonesia there are frequent violations of human rights, both serious and mild. One of the allegations of human rights violations was a farmland dispute in Ogan Ilir Province of Sumatra Seiatan which resulted in one victim killed and four people suffered Iuka-Iuka, several human rights were violated, namely: the right to life, the right not to receive cruel treatment, the rights to safety and the rights of the child, and these rights are explicitly guaranteed in Act No. 39 of 1999 on Human Rights.

Legal Protection for Victims of Domestic Violence

Domestic violence remains a pervasive issue globally, often leaving victims without a sense of justice or adequate protection. In many cases, resolutions fail to address the needs of domestic violence victims, perpetuating their suffering and leaving them vulnerable to further harm. Recognizing the severity of this issue, the implementation of legal protections outlined in Law Number 23 of 2004 concerning the Elimination of Domestic Violence is crucial. The research method employed by the author utilizes a normative legal approach, focusing on legal norms within statutory regulations. By gathering primary and secondary legal materials, the author examines the problem of domestic violence and seeks to align findings with established legal principles. This methodological approach, supplemented by literature reviews, enables the author to conclude the unequal dynamics within marital relationships that perpetuate domestic violence. Legal protection for victims of domestic violence is paramount as all forms of violence, particularly within the home, constitute human rights violations. Victims endure physical, psychological, and sexual abuse, as well as neglect, resulting in profound suffering and loss. Ensuring the protection of victims' rights is imperative to deliver justice and alleviate their trauma. However, many victims hesitate to report domestic violence due to feelings of embarrassment or fear of further harm. This reluctance underscores the critical need for comprehensive legal protections that prioritize the safety and well-being of victims. By fostering an environment of support and empowerment, victims can feel more confident in seeking justice and breaking the cycle of abuse. In conclusion, addressing domestic violence requires a multifaceted approach that combines legal enforcement with social support systems. By upholding the principles outlined in Law Number 23 of 2004 and providing comprehensive protections for victims, society can work towards eradicating domestic violence and ensuring justice for all.

Human Rights as Fundamental and Universal Rights in Regulating the Fulfillment of the Rights of Women Victims of Sexual Violence

Sexual Violence and Human Rights in Indonesia, is a crucial issue in Indonesia, taking away the human rights and dignity of victims. Stigma and lack of protection exacerbate the situation. This article examines the relationship between sexual violence and human rights in Indonesia, and explores solutions for building a future free from sexual violence. This research uses a sociolegal method (mix method) with statutory, conceptual, factual, sociological and comparative approaches. Primary data was obtained from field research in Bali, and secondary data from various sources. Sexual violence is a serious human rights violation, and states have an obligation to protect victims and enforce the law. Stigma and lack of access to recovery services hinder the fulfillment of victims' rights. The Universal Declaration of Human Rights (UDHR) and other human rights instruments affirm the right to security, freedom and dignity. Sexual violence violates these human rights principles. Collective efforts are needed to build an Indonesia free from sexual violence. These efforts include: Strengthening regulations and law enforcement. Increase public education and awareness. Building a support and recovery system for victims. Combat stigma and build positive narratives about victims. This research contributes to the understanding of the relationship between sexual violence and human rights in Indonesia, and offers solutions to build a better future for victims.

Respectful maternity care interventions to address women mistreatment in childbirth: What has been done?

IntroductionOver the last decade, there has been an increasing number of studies regarding experiences of mistreatment, disrespect and abuse (D&A) during facility-based childbirth. These negative experiences during labour have been proven to create a barrier for seeking both facility-based childbirth and postnatal health care, as well as increasing severe postpartum depression among the women who experienced them. This constitutes a serious violation of human rights. However, few studies have carried out specifically designed interventions to reduce these practices. The aim of this scoping review is to synthetise available evidence on this subject, and to identify initiatives that have succeeded in reducing the mistreatment, D&A that women suffer during childbirth in health facilities.MethodsA PubMed search of the published literature was conducted, and all original studies evaluating the efficacy of any type of intervention specifically designed to reduce these negative experiences and promote RMC were selected.ResultsTen articles were included in this review. Eight studies were conducted in Africa, one in Mexico, and the other in the U.S. Five carried out a before-and-after study, three used mixed-methods, one was a comparative study between birth centres, and another was a quasi-experimental study. The most common feature was the inclusion of some sort of RMC training for providers at the intervention centre, which led to the conclusion that this training resulted in an improvement in the care received by the women in childbirth. Other strategies explored by a small number of articles were open maternity days, clinical checklists, wall posters and constant user feedback.DiscussionThese results indicate that there are promising interventions to reduce D&A and promote RMC for women during childbirth in health facilities. RMC training for providers stands as the most proven strategy, and the results suggest that it improves the experiences of care received by women in labour.ConclusionThe specific types of training and the different initiatives that complement them should be evaluated through further scientific research, and health institutions should implement RMC interventions that apply these strategies to ensure human rights-based maternity care for women giving birth in health facilities around the world.