Violation Of Human Rights Research Articles

Part I: Health issues of those experiencing trafficking: Background and context for dermatologists

Human trafficking is a global human rights violation affecting millions of individuals across diverse demographic characteristics with severe health consequences. Despite the frequent interactions that exploited individuals have with health care systems, many remain unrecognized, positioning health care providers, including dermatologists, as critical first responders. In the first part of this three-paper series, we discuss the current landscape of human trafficking from a health care perspective, emphasizing the role of dermatologists in recognizing and responding to this issue. This paper reviews the current understanding of trafficking, outlines the epidemiology and legal framework surrounding it, and discusses gaps in training for health care providers and policy that may hinder effective identification and intervention. It also explores state and national efforts to incorporate human trafficking education into health care training, emphasizing the need for standardized, trauma-informed approaches within dermatology. By fostering awareness and advocacy within the dermatology community, this paper aims to contribute to the broader efforts to combat human trafficking and improve the care and support provided to this patient population.

Between Legalities and Humanities in Refugee Policy: A Comparative Analysis of Indonesia and Hungary Exit Strategy Refugee Crisis

Abstract This study compares Indonesia's and Hungary's legal and humanitarian approaches to managing the 2015–2022 refugee crisis and proposes an exit strategy for Indonesia's refugee handling. Indonesia faces challenges due to the maximum detention duration stipulated in its Immigration Law No. 6/2011, which lacks further legal basis for prolonged detention. Employing a qualitative approach with comparative literature analysis, the study reveals Hungary's emphasis on legal solutions, leading to potential human rights violations but a decrease in asylum seekers, contrasting with Indonesia's humanitarian approach, resulting in positive impacts on refugees but a surge in asylum seekers. It concludes by recommending Indonesia to conduct comparative legal research with Hungarian asylum law to develop more effective refugee policies addressing legal and political concerns. This research enhances understanding of refugee management in Indonesia and Hungary, offering insights for nations grappling with similar crises.

Defending Discomfort: A Critical Social Work Case Against Trigger Warnings

ABSTRACT Trigger warnings have become a hotly contested practice in higher education, including within the field of social work. Learning to become a social worker can be a demanding process that requires in-depth study about often socially taboo and traumatic topics. The learning process can, understandably, cause discomfort that may result in a disconcerting or anxiety-provoking experience for social work students. However, the inclusion of challenging topics in social work education, including human rights violations, domestic violence, sexual abuse, racism, sexism, and many other social injustices is essential in the development of competency in social work practice. What remains unclear is the role and responsibility of universities and subsequently educators, in how we include or exclude trigger warnings, their relevance to social work education, and how we manage the expectations of students and their responses to the exposure of sensitive material. This article argues that trigger warnings may contribute to the pathologization of the experience of discomfort while simultaneously silencing oppressed students who may not identify with the language or experience of being triggered. This article investigates trigger warnings from a critical social work perspective and considers if the use of trigger warnings may potentially be more harmful than helpful.

Marta Rodríguez: When Cinema Unleashes Social Change and Serves as a Historic Archive

Marta Rodríguez is one of the first documentarians in Colombia. Her filmography focuses on exposing human rights violations through film. Her approach as a filmmaker is ethnographic, characterized by using the camera as an observer, and portraying the reality of her subjects without imposing personal narratives. Her work has triggered social change and her documentaries have become part of the archive of Colombian history. The following article describes how she uses her ethnographic method as a filmmaker and the impact of her approach in making cinema for social change.

Towards Establishing Quality Standards on Human Rights for Services in Dementia Care.

People with dementia often experience violations of fundamental human rights and impeded access to healthcare. This study aims to investigate the views of experts regarding the use of the United Nations Convention on the Rights of People with Disabilities (CRPD) principles as quality standards for human rights-based care. A single-round Delphi e-consultation with 15 dementia experts was designed to evaluate each CRPD principle and collect feedback on their views about the application of the CRPD principles in dementia care. The CRPD principles were fully endorsed as quality standards; however, several experts commented on the complexities of the use of CRPD principles in relation to information disclosure, capacity assessment, stakeholders' involvement in decision-making, respecting needs and preferences, holistic approaches in care practice, and protection against abuse, neglect and discrimination. These findings indicate the CRPD quality standards were fully applicable for people with dementia although some clarification around interpretation could assist in their use. Future research should elaborate on further points of support and guidance for dementia care providing examples of good practice from across the globe, and develop a concordant, human rights-based scheme for the implementation and evaluation of dementia services. This study suggests that the CRPD can serve as a benchmark for human rights-based practices in dementia services globally that could enhance nursing care practice. Nursing staff are encouraged to consider human rights in relation to the complexities associated with people with dementia, their caregivers, and other services involved in their care.

Indonesia’s Diplomatic Actions in the Israel-Palestine Conflict

Indonesia has consistently fought for Palestinian independence, utilizing parliamentary diplomacy to enhance its role in international efforts that support the establishment of an independent Palestinian state. The problem formulations in this study are (1) what factors inhibit the Israeli-Palestinian conflict? (2) what is the role of Indonesian diplomacy in the Israeli-Palestinian conflict? This study aims to examine Indonesia's diplomatic actions towards the conflict between Israel and Palestine. This study uses a descriptive-qualitative method. The data sources in this study are books, journals, and electronic news from several related objects. The results of this study are in the case of the Indonesian Hospital in Palestine, the International Criminal Court (ICC) is the proper party to adjudicate Israel's war violations of International Humanitarian Law and Human Rights. The UN Security Council should not obstruct the enforcement of violations of international law in political relations. The veto cannot be exercised if it conflicts with jus cogens norms or undermines the ability of other Security Council members to collaborate in response to grave violations of human rights. Indonesia's Foreign Minister condemned the situation in Gaza as a human rights violation and recommended an immediate ceasefire, rejection of double standards, and support for accountable mechanisms. Indonesia also highlighted the Palestinian people's right to self-determination at the International Court of Justice. As a UN Human Rights Council member, Indonesia made justice for the Palestinian people a key issue, recommending three important actions: strengthening the human rights ecosystem, addressing the global humanitarian crisis, and promoting human rights equally.

Violation of human rights and The Jurisdiction of The International Criminal Court

Violation of human rights and The Jurisdiction of The International Criminal Court

“Mirroring” the World Versus “World-Making”: The Crisis of Ethics in Indian Mental Health Systems

In the context of neoliberalism and increasing globalization, technocratization, and scientification of mental health care, people suffering from socio-politico-economic problems ranging from poverty to structural violence are often transmogrified into “patients” with mental health problems to be “treated” with psychopharmaceuticals and individualized psychological therapies. Drawing from three socio-political issues India witnessed in the past 3 years, concerning three marginalized sections, namely, farmers, LGBTQIA+ people, and migrant workers, I illustrate the silence of mainstream mental health disciplines in India on sheer instances of structural violence and social suffering. Deflection of attention from human rights violations by mainstream mental health systems raises critical questions about the ethics and politics of mental health disciplines. The social, political, and material contexts that are central to lived experiences are almost always unaccounted in mental health academia, research, and practice. Engaging people with lived experiences advances equity by breaking down power dynamics, establishing collaborative decision-making, and improving equitable outcomes. Thus, knowledge production in mental health becomes irrelevant to political action and transformative policies that are crucial for positive mental health outcomes. By ignoring and thus implicitly sanctioning discriminatory, exploitive neoliberal architecture, mental health systems maintain the very upstream factors that cultivate and sustain mental distress. In this way, mainstream mental health practice in India fails to undertakeworld-making, raising deeper questions in public mental health ethics.

Tinjauan Yuridis Normatif Perlindungan Anak dalam Perspektif Konsep Hadhanah dan Undang-Undang Nomor 35 Tahun 2014

This study aims to explain the concept of Islamic law through the concept of hadhanah in the effort to protect Indonesian children. In Law No. 35 of 2014, which has been ratified by the government, it is emphasized that the protection of Indonesian children from all forms of discrimination and violence is a priority. Since the majority of people in Indonesia are Muslim, Islamic values and standards certainly influence the upbringing and education of children. Child neglect is one form of maltreatment and violence experienced by children and constitutes a violation of children's human rights, whether intentional or unintentional. A normative juridical research method, which is based on library research, is used as the research methodology. Based on the research findings, Islamic law itself teaches how to protect children, and the government, society, and parents have a very important role in establishing policies that benefit children and uphold human rights. The results of this study indicate that Law No. 35 of 2014 has fulfilled the concept of hadhanah in Islamic jurisprudence and has involved all parties in protecting children. This law also explains child protection in the fields of religion, health, education, and social matters.

TINJAUAN YURIDIS KASUS KEBAKARAN LAPAS KELAS 1 TANGERANG DITINJAU DARI PERSPEKTIF HAK ASASI MANUSIA MENURUT UU NO. 39 TAHUN 1999 TENTANG HAS ASASI MANUSIA

The safety guarantee of the right to life for prisoners in correctional institutions (“lapas”) is often neglected, even though it is the responsibility of the state. One of the cases that occurred was the alleged negligence of government officials in the management of facilities and infrastructure in prison, such as the fire that occurred in Correctional Institutions Class 1 Tangerang on September 8, 2021. The problems of this article are: whether there is a violation of human rights in the case of fire in Correctional Institutions Class 1 Tangerang? This article is a normative legal research, descriptive in nature, using secondary data, and deductive inference. The Result and conclusion obtained is that there was a violation of human rights due to the negligence of several prison officers which then caused a fire and resulted in casualties. Related to the case, four prison officers were charged under Articles 359 and 188 of the Criminal Code with a prison sentence of up to five years. Improvement and revitalization of prisons are also needed so that the safety of prisoners in prison can be better guaranteed.

A Jurisdictional Vertigo: Compulsory Arbitration, Sports and the European Court of Human Rights

Abstract This article discusses jurisdictional issues when cases related to arbitral awards of the Court of Arbitration for Sport end up before the European Court of Human Rights (ECtHR). By focusing on the ECtHR’s Third Chamber judgment in the Semenya case, it discusses how the unique governance structure of sports governing bodies, as the benchmark for such disputes, has distorted the traditional jurisdictional paradigms of the ECtHR, posing challenges for the Court in addressing potential human rights violations in the realm of sports. This article argues that human rights claims arising from sports activities form a new class of human rights litigation stemming from the activities of private actors with a strong public character. Such dynamics grant the ECtHR a central role as the ultimate arbiter in protecting human rights within the realm of sports and require it to subject the sports proceedings to a comprehensive review both on procedural and substantive grounds, even with relation to athletes residing outside the territory of Council of Europe member States.

Forensic Anthropology and the Mitigation of Cognitive Biases in the Investigation of Human Rights Violations

Forensic Anthropology and the Mitigation of Cognitive Biases in the Investigation of Human Rights Violations

Violence as a Coercive Tool to Establish State Control in Harold Pinter’s One for the Road

After Harold Pinter became a member of PEN and Amnesty International in the early 1980s, he grew interested in global politics and started to openly speak up against human rights violations present in several countries of the world. Then, in 1984, he published One for the Road, which is considered his first overtly political play. Taking place in an unnamed country and historical period to preserve its universality, the play portrays the torture and violence practised by totalitarian regimes against political dissidents. This study examines the use of various forms of violence in the text and analyses their role as the means to establish state control over nonconforming individuals, break their will and coerce them into submission. For this purpose, a socio-political approach is used by employing the Norwegian sociologist Johan Galtung’s theory on violence. The detailed analysis of the play reveals that tyrannical systems dehumanise and debase noncomplying citizens using political ideology as an excuse so that imprisoning and torturing them becomes justifiable.

Forced Marriages in Times of Armed Conflict: An Implicit Paradox of Modern Slavery under International Humanitarian Law

Abstract The idea of the world as a global village has brought about various transnational problems. One of these problems is the transition of forced marriages into the modern form of slavery. Forced marriage continues to be a violation of human rights specifically in the context of modern slavery, usually existing during armed conflicts. Such a violation is linked to modern slavery as it constitutes slavery-like practices, including abuse, sexual assault, rape, domestic violence, and so on. In literature and practice, forced marriages in times of armed conflicts are usually labelled as personal problems requiring personal solutions. Factors such as financial crisis, threats to honour, and family protection lead to forced marriages in conflict zones. Such factors have been overlooked, resulting in the absence of legislation across the globe to prohibit forced marriages during conflicts. Consequently, international laws need to be on the same page in the categorization of forced marriages as modern slavery by considering it a specified form of human rights violation. Inconsistent labelling in this regard has produced ambiguity in resolving the issue through practical mechanisms. Severe violations of human rights continue to occur due to the absence of an explicit prohibition of forced marriage in armed conflicts, as highlighted through multiple case studies in this research. A preventive solution is required to hinder the practice that is feasible through the codification of the prevention mechanisms under International Law (IL) and International Humanitarian Law (IHL).

Bilateral investment treaties and investors’ social accountability: the law and praxis in South Asia

PurposeInternational investment law governs matters related to transnational investments. The extensive reach of transnational corporations (TNCs) has granted them substantial economic, political and social influence, often intertwining them with public interest issues and implications in human rights violations. This paper aims to explore the profound influence exerted by TNCs in today’s globalized world and its implications for human rights and social responsibility within the framework of international investment law. Particularly, it acknowledges the vulnerability of economically weak South Asian states and cites past instances such as the Bhopal gas tragedy in India and the Rana Plaza disaster in Bangladesh as egregious violations of human rights. Focusing on South Asian bilateral investment treaties (BITs), this paper aims to examine the scope of investors’ social accountability.Design/methodology/approachThis research engages with doctrinal and analytical methods in traversing through primary and secondary sources. It would parse the arbitral tribunals’ jurisprudence for their discussion on the inclusion of social accountability obligations within international investment agreements (IIAs). Further, it engages in a quantitative analysis related to the nature of the social accountability-related obligation of the corporation within South Asian BITs.FindingsThe findings reveal a glaring absence of the law on investors’ social accountability and the need for enhanced regulatory mechanisms to address the escalating influence of TNCs on human and social rights. The absence of a robust legal framework, coupled with the asymmetric nature of international investment law, granting investors greater rights and leverage compared to states, exacerbates this challenge. The phenomenon of “regulatory chill” inhibits states from effectively enforcing regulatory measures aimed at protecting human rights and the environment. Furthermore, the broad interpretation of clauses such as “fair and equitable treatment” by investment tribunals often undermines states’ ability to implement measures in the public interest. While international organizations such as the UNCTAD and the UNCITRAL Working Group III are actively discussing reforms to IIAs, the existing guidelines addressing investors’ social accountability are woefully lacking in the content as well as the method of their integration with international human rights law. The findings underscore the imperative for South Asian nations, the subject of this research’s empirical analysis, to adopt a comprehensive approach involving both domestic law reforms to promote corporate social accountability and active pursuit of negotiations for the inclusion of binding social obligations for investors within IIAs.Practical ImplicationsThis research, drawing upon international law developments, offers suggestions for incorporation of social accountability provisions via relevant domestic law reform. The research could be viewed as a prelude for mapping the legal developments in the area of investors’ social accountability within investment agreements, as well as investment contracts, drawing guidance from international law instruments.Originality/ValueTo the best of the authors’ knowledge, no other study analysed the scope of investors’ social accountability in South Asian BITs.

Bad Deals and Tragic Pacts: The impact of the EU's management of migration through the externalisation of its borders on 'Women on the Move'.

In recent years the EU has become increasingly restrictive in its regulation of irregular migration flows despite its outward sustained discourse of safeguarding human lives and the protection of fundamental rights and freedoms. As part of this restrictive strategy, the EU has invested heavily in the securitisation and the management of migration through the externalisation of its borders. The EU-Turkey Deal struck in 2016 paved the way for further agreements with third countries with poor gender equality and human rights records, such as Libya and Tunisia. This externalisation of migration constitutes an important feature of the New Pact on Migration and Asylum adopted in 2023 with the aim of establishing a common asylum process at EU level. Asylum seekers, particularly girls and women are placed at added risk from these restrictive policies and policies of externalisation, as apart from dangers faced by all asylum seekers, they are at increased risk of human trafficking, sexual abuse and exploitation, and others forms of gender-based violence. Despite offering a short-sighted measure to a complex problem and the adverse humanitarian repercussions and gross human rights violations, particularly on female refugees and asylum seekers, such deals and pacts constitute an integral aspect of the EU's strategic agenda of managing migration through the externalisation of its borders. The article proposes a number of alternative solution-oriented measures which safeguard fundamental human rights and freedoms, in particular the right to asylum for refugee women and girls.

Domestic violence and associated factors among pregnant women in sub-Saharan African countries from the recent demographic and health survey data: a multilevel analysis.

Intimate partner violence (IPV) is a human rights violation that often involves violence against women, which appears to be the most prevalent type of abuse. IPV is a global public health issue with major human rights violations. Pregnant women's IPV needs special consideration because of the possible harm that might happen to mothers and their fetuses. The enormous global public health issue of IPV affects physical, mental, and sexual transgressions. Even though there were studies conducted on IPV among women, few studies were conducted among pregnant women in sub-Saharan African countries. Therefore, this study revealed IPV and associated factors among pregnant women from the recent Demographic and Health Survey (DHS) in sub-Saharan African countries. Multilevel logistic regression analysis used data from the recent sub-Saharan African countries DHS was carried out using this secondary data. For this study, pregnant women between the ages of 15 and 49 were included; the total sample size was 17,672. Multilevel logistic regression models were calibrated to determine the associated factors at the individual and community level with IPV, with a 95% CI and AOR. The prevalence of IPV among pregnant women in 23 sub-Saharan African countries was 41.94%, with a 95% CI of 40.82 to 43.06%. Poorer and poorest [AOR = 1.92; 95% CI: (1.01, 3.67)] and [AOR = 2.01; 95% CI:(1.02, 3.92)], partner alcohol drink [AOR = 3.37;95% CI:(2.21, 5.14)], and no partner education [AOR = 2.01;95% CI:(1.12, 3.63)] were statistically associated factors with IPV among pregnant women. The prevalence of IPV among pregnant women in sub-Saharan African countries was high (41.94%). Low economic status, partner drinking alcohol, and partner no education were the associated factors of IPV. This finding provides clues for policymakers and other organizations concerned about women.

The Indian Perspective on Existing Human Rights Violations Against People with Cognitive Psychosocial Disability

Regardless of economic status, violations of human rights are committed worldwide against those suffering from mental and psychological disorders. Rather than coming from scientific research, the evidence from low- and middle-income nations comes from reports from non-governmental organizations (NGOs), UN documents, official publications, and the media. Additionally, a wide consultation with individuals from low and middle income nations who have people with mental and psychosocial disabilities has been conducted. The WHO Quality Rights Assessment Tool, which evaluates the mental health institutions in compliance with the CRPD and their suitability for human rights, served as the basis for this qualitative consultation.

Witness of Christ and Brazilian Repression: Charles Harper’s Report to the World Council of Churches on His Visit to São Paulo in September 1977

Abstract This article analyzes a letter by Charles Roy Harper Jr., coordinator of the Human Rights Resources Office for Latin America at the World Council of Churches (WCC), written in 1977 during his visit to São Paulo amid the military dictatorship. In it, Harper tells other members of the council about the role played by the church in resisting the dictatorship, the repression orchestrated by the government against democratic forces, and some events such as the Solidarity Act at the Catedral da Penha and the invasion of the Pontifícia Universidade Católica de São Paulo. Observing Harper’s personal networks and enthusiastic view on the church’s stance on resisting authoritarianism during the period, this article examines the importance of the relationship between WCC and the Archdiocese of São Paulo in monitoring the situation of human rights violations in Brazil.

The Rome Statute Impact: Challenge of Upholding Human Rights in Indonesia’s Human Rights Court

This article examines the effect of enforcing gross human rights violations and the implications of Indonesia as a state that did not ratify the Rome Statute. This study is done by studying the legal basis of human rights courts in Indonesia. A doctrinal approach is used. The main legal materials used are the Human Right Court Law (2000) and human rights court decisions. The research findings indicate that the process of enforcing gross human rights violations requires integration between National Human Rights Commission as an investigator and the Attorney General's Office as an investigator. The substance of enforcing gross human rights violations is a formality because Indonesia, as a sovereign state, has the right to determine the model of enforcing gross human rights. However, in fact, there are still many gross human rights violations that cannot be resolved due to differences in perceptions of sufficient preliminary evidence. For this reason, reformulation of the Human Right Court Law (2000) is needed.