Violation Of Human Rights Research Articles

Corporations and positive duties to fulfil socio-economic rights: developing international human rights law

ABSTRACT There is much contestation about the nature and scope of corporate human rights obligations under international law. Some maintain that corporations have a basic responsibility to avoid human rights violations in their operations; others argue for a wider scope of accountability, including a more active duty to protect human rights. I argue that corporations should have positive duties under international law to fulfil all human rights, especially socio-economic rights. I ground my argument in the staggering inequality that exists between the wealthiest corporations, on the one hand, and the poorest parts of the global population, on the other. This is entrenched by a perfect storm of global economic inequality, international trade, and transnational corporate power. This creates structural poverty, which enables conglomerates to generate profits that, promises notwithstanding, do not reach people living in indigency. This results in the anomaly whereby indigent communities actually subsidise corporate profits. It is this inequity and concomitant benefit, that justifies the imposition of positive duties on corporations to fulfil socio-economic rights. However, this duty is limited. I identify a series of interlocking factors, the coalescence of which creates a reasonable and justifiable imposition of human rights duties onto corporations.

The Unbearable Uncertainty of Being on the Front Street-level Military in the Mexican War on Drugs

Abstract Since the so-called war on drugs began in Mexico in 2006, the military has been the leading actor in charge of the government’s public security policy, undertaking tasks that should be carried out by the police. Analyses of this security strategy are based on quantitative methods and have focused on its results: e.g., an increase in the homicide rate or the committing of human rights violations. In contrast, based on in-depth interviews, this article explores the testimony of military personnel to understand what they experience in the field. Contrary to what the existing literature argues, which maintains that the military acts with a logic of war, this article shows that the situation is far more complex: they act in a scenario characterized by improvisation, facing the dilemma between acting and being accused of human rights or not acting and being accused of disobedience.

The meaning of obstetric violence experiences: A qualitative content analysis of the Break the Silence Campaign

BackgroundObstetric violence involves the mistreatment, disrespect, and abuse of birthing people and the problem has been recognized in healthcare systems worldwide. Obstetric violence is a gendered, sex-specific form of violence against women that is a public health problem and a violation of human rights. There are an unknowable number of online posts and social media messages that describe obstetric violence experiences. There are no known studies about self-published experiences of obstetric violence in the US maternity care system. ObjectiveTo understand the meaning of obstetric violence experiences in the US maternity care system from a naturally occurring, purposive sample. DesignA secondary analysis of the textual data from the original Break the Silence social media campaign using qualitative content analysis. The theory of social justice in nursing provided a theoretical framework. A healthcare systems approach was used for a wide-angle view of the multidirectional structure, processes, and outcome of obstetric violence. SettingThe study setting is the public Facebook page where the Break the Silence social media campaign can be seen. Break the Silence was an online activism response to the problem of obstetric violence in the US maternity care system with signboard messages posted from 31 known US states. The setting is bounded by the digital page where the campaign is published. ParticipantsThere were 139 participants, and 11 of them posted more than one signboard message. Most participants were birthing people (n = 125) followed by doulas (n = 10). MethodsKrippendorff's methodology for qualitative content analysis was applied to 156 signboard messages posted on Break the Silence from 2014 to 2016. Qualitative content analysis was supported by Atlas.ti 23. ResultsFour themes illustrated the meaning of obstetric violence in US maternity care: 1) pregnancy and birth as a battle with healthcare providers and the healthcare system, 2) sacrifice of the maternal body normalized and assumed as a gender stereotype, 3) disrupted rites of passage from childbirth, and 4) abuse of fiduciary power by healthcare providers. ConclusionsThis study demonstrated thematic meanings for the experience of obstetric violence in US maternity care with a healthcare systems approach that included structural and organizational considerations to increase understanding. Categories and forms of obstetric violence from the existing literature were expanded and strengthened by findings from this study. Themes were validated in principle with consistency in findings across the international evidence base on obstetric violence.Tweetable abstract: The meaning of #obstetricviolence experiences is interpersonal and structural with thematic consistency across international studies.

International Efforts in Combating Women Trafficking Within Human Rights Protection Framework International and National Measures to Combat Trafficking in Women

The phenomenon of trafficking in women and the resulting multiple human rights violations has been one of the most complex challenges facing the international community, as this complexity is linked to different perspectives in finding a comprehensive definition of the phenomenon. Therefore, many international provisions have been interested in addressing this phenomenon, in an attempt to adapt, at each period, to the new forms and dimensions they take at each era. In line with the current situation, there are approaches that do not limit the mechanisms adopted to combat women trafficking issues to prevention, repression and punishment, but rather to address the root causes of this phenomenon, which relate to combating poverty, inequality and corruption

Corporate involvement in atrocity crimes—trends and patterns in regulation

AbstractCorporate involvement in atrocity crimes refers to instances in which businesses are linked to the commission of genocide, crimes against humanity, war crimes, or other gross human rights violations. This article traces four trends in the regulation of this phenomenon, from the 1600 s to the present. I argue that the persuasive trend of no regulation of this type of corporate wrongdoing has seen three countertrends: international criminal justice, civil society labelling corporate involvement in atrocity crimes as something worth engaging with, and institutionalization of norms. This article describes and analyses these trends, uncovering some recurring patterns that emerge in efforts towards preventing, ending, or limiting corporate involvement in atrocity crimes.

“Fool Me Once” Or “Slippery Slope”? A Study of Purchasing Managers' Reaction to Repeated Supplier Sustainability Incidents

ABSTRACTSustainability incidents (e.g., human rights violations, pollution, bribery, etc.) in supply chains continue to manifest globally. Yet, evidence from practice shows such incidents tend to recur within the same supply chains despite stakeholder attention. We investigate the manifestations of supplier sustainability incidents (SSIs) and purchasing managers' reaction to them over time, looking for traces of the slippery slope effect. We also test whether moral disengagement and psychological distance can further impact decisions toward SSIs. Through a series of experiments on both social and environmental SSIs and a follow‐up qualitative study (683 participants in total), we find evidence for the impact of moral disengagement and psychological distance on purchasing managers' reaction to SSIs. However, results for the slippery slope effect were mixed. Our supplementary qualitative study found evidence for the slippery slope effect, as well as moral licensing/cleansing and moral psychology.

Resettlement by algorithm: Can artificial intelligence uphold human rights?

This article focuses on the potential use of artificial intelligence (AI) in the resettlement of refugees and its implications for their fundamental rights. Resettlement is the process of selecting refugees and transferring them to a third country that agrees to admit them permanently. While AI has the potential to improve efficiency and effectiveness in resettlement processes, such as matching refugees with suitable resettlement countries and places, it also poses various risks and raises concerns about human rights violations. The article examines the current and potential uses of AI throughout the resettlement process, including the selection and referral of refugees for resettlement and the facilitation and improvement of integration. The article then analyses the potential impact of AI on fundamental rights. The article concludes by arguing for a cautious approach to using AI in resettlement processes. It emphasises that the use of AI in assessing refugee inclusion and exclusion for resettlement, as well as matching them with different resettlement states, could conflict with fundamental rights. This raises concerns about transparency, explainability, accountability, effective remedies, data protection, and the risk of bias and discrimination.

Pre‐reparations Preparation: Fixing the Plumbing before Turning on the Tap

ABSTRACTA growing number of communities in the global African diaspora are campaigning for reparations for historical and contemporary human rights violations. While the political advocacy campaigns continue, communities which are set to receive reparations should, through a process called pre‐reparations preparation, consider their current economic situation and how they may improve their circumstances with the restitution that they will receive. An integral part of pre‐reparations preparation is investigating community income and expenditure. This article explores the use of the leaky bucket analogy in assessing the Black American community's financial inflows and outflows, how Black communities can use this process to plan pre‐ and post‐payment community economic development, and why government administrators and regulators should engage in their own pre‐reparations preparation.

The Autocracy Bias: Evaluating Democratic Citizens’ Perception of Human Rights Violations in Policy Proposals Abroad

Abstract Do citizens in democracies view foreign policies as more violative of human rights based on the governing regime’s type? We hypothesize that in democratic societies, there is an inherent association of autocracy with human rights violations, leading citizens to believe that policies from authoritarian governments infringe upon human rights more than those from democracies, even when the policies are seemingly identical. We evaluate this autocracy bias by gathering evidence from nine survey experiments across seven democracies. Consistently, we find that citizens of democratic countries are more likely to consider a policy to be a violation of human rights if China adopts it, compared to when a seemingly identical policy is adopted by Spain or Italy. We find that this perception extends to eleven other authoritarian regimes, and a mechanism experiment reveals that regime type is the driving force behind this differential evaluation. This study contributes to the understanding of how citizens in democratic societies perceive respect for human rights in foreign countries.

Derecho Penal Sustantivo y Adjetivo en México: control social para la prevención y represión de conductas delictivas

This study aimed to analyze the persistent human rights violations within the Mexican criminal justice system, despite the reforms implemented. The main objective was to examine the role of formal social control in crime prevention and repression, as well as to evaluate the effectiveness of substantive and procedural criminal law in protecting fundamental rights. To conduct this research, an review of specialized literature and reports from international and national organizations was carried out. The results reveal that, despite normative advances, practices such as torture, arbitrary detention, and inhumane prison conditions persist. These violations are exacerbated by the lack of judicial independence, corruption, and impunity. The analysis of substantive and procedural criminal law showed that, while there are advances in legislation, problems such as the imprecision of some criminal offenses, the workload of system operators, and the lack of resources persist. In conclusion, the Mexican criminal justice system faces significant challenges in protecting human rights. A comprehensive reform is required that addresses the structural causes of violations, strengthens judicial independence, professionalizes police forces, and guarantees access to justice. Furthermore, it is essential to promote a culture of legality and respect for human rights.

Will the EU deforestation-free products regulation (EUDR) reduce tropical forest loss? Insights from three producer countries

The European Union regulation on deforestation-free products (EUDR) represents a policy innovation with important implications for the governance of global commodity chains. We discuss the risks and limitations of this policy derived from an ex-ante assessment of the robustness of its theory of change. For doing so, we use insights from the literature on zero-deforestation commitments and other private standards in value chains and from trade and deforestation patterns in three relevant producer countries (Brazil, Colombia and Indonesia). Despite the potentially positive symbolic effect in mobilizing a global agenda for combating deforestation, the EUDR faces several drawbacks and risks associated with three of its constitutive features: To be demand-oriented, having the value chain as the unit of intervention and holding a high degree of unilateralism. We conclude that to be effective in curbing tropical deforestation, the Regulation must be complemented with international cooperation aiming to strengthen national policies with a territorial approach, as well as social movements addressing the underlying causes of forest loss and human rights violations in the territories where it takes place.

The Use of Artificial Intelligence in Reducing Healthcare Disparities

Healthcare disparities, particularly in vulnerable areas, are important human rights violations that contribute to poor health outcomes and higher healthcare expenses. Artificial intelligence (AI) provides promising solutions for reducing inequities by improving decision-making, disease diagnosis, and access to care. However, if deployed incorrectly, AI has the potential to perpetuate current imbalances. This study investigates the role of AI in addressing healthcare disparities and presents AI applications for closing these gaps, obstacles, ethical concerns, and future potential for using AI to create a more equitable healthcare system. Combining AI with equitable frameworks can encourage inclusion, improve healthcare outcomes, and minimize long-standing healthcare disparities. Keywords: Artificial Intelligence, Healthcare Disparities, Health Equity, Marginalized Communities, Health Access.

“It seemed like she just wanted me to suffer”: Acts of obstetric racism and birthing rights violations against Black women

IntroductionStudies that examine obstetric violence and mistreatment during perinatal care demonstrate that Black women experience higher levels of harm and abuse than other racialized groups. Yet these gender-based concepts do not fully recognize the intersectional gender-and race-based harms that Black women experience within the context of quality, safety, and human rights violations in the U.S. healthcare system. MethodsWe performed qualitative secondary analysis from Black women participants in the Giving Voice to Mothers (GVtM) study (n = 304). Primary data collection for the GVtM survey spanned from 2016 to 2017, and our analysis occurred in 2023, focusing on the interpretation of open-ended responses to three categories of inquiry: worst experiences with perinatal care, experiences of being pressured to undergo medical interventions, and desired revisions to birthing experiences. We employed a deductive approach and applied two analytic frameworks – obstetric racism and the Black Birthing Bill of Rights (BBBR)– to categorize Black women's narratives of harm during perinatal care as quality, safety, and human rights violations. ResultsBlack women described perinatal care experiences with considerable violations of the BBBR, including disrupted time with babies, racially discordant care, and unaffordable care. These experiences illustrated all six domains of obstetric racism. ConclusionThis study contributes to an emerging body of Black feminist approaches to knowledge production in obstetric patient safety, emphasizing the critical intersection of gender and race. Furthermore, this study underscores the value of using Black-women-defined frameworks with typologies to interpret the distinct experiences of Black women instead of the more limited gender-based concepts of obstetric violence, mistreatment, and respectful maternity care that lack historical context and contemporary implications of anti-Black racism and misogynoir.

Do Trials as Part of Transitional Justice Challenge the Stigma Related to Being Targeted by Serious Human Rights Violations?

Abstract There is often stigma attached to being the victim of state violence, as being targeted by state violence is often seen as proof that a person is guilty. This article discusses whether trials as part of transitional justice can challenge such stigma. Trials can provide a legal truth, through identifying what has happened, who the perpetrators are, and who the victim is. Trials and court hearings are an expression of what societies accept, and when a perpetrator is sentenced it is an expression of solidarity with the victim. The article compares how persons targeted by state violence by former regimes in Argentina and Peru describe and perceive of such stigma, how stigma has changed over time and with contemporary trials. There are important differences between the countries regarding the violent history, the groups targeted by state violence, and the ongoing trials, also regarding the outcome of the trials.

Commissions of inquiry and transitional justice in India: accountability, acknowledgment, and truth in the aftermath of communal violence

ABSTRACT This article examines the contributions made by commissions of inquiry to transitional justice in the aftermath of violent conflict. Drawing on data from India, where commissions of inquiry are routinely instituted in response to episodes of communal violence, it assesses the contributions made by 26 commissions established between 1980 and the present to addressing human rights abuses. The article demonstrates that although some of India’s commissions of inquiry have made concrete contributions to uncovering the truth about human rights violations, acknowledging the rights of victims, and holding perpetrators to account, they have more often served to obscure the truth and avoid accountability for human rights violations. It argues that hey do this both to uphold the legitimacy of the democratic state and to protect powerful actors implicated in perpetrating, inciting, or failing to prevent human rights violations, using strategies of denial, blame shifting, and inaction.

Behind Bars and Beyond: Navigating the Terrain of Gender Justice in Indian Prison

The research aims to compile data on the challenges faced by women in prison and the available legal remedies for their plight. To guarantee women prisoners' protection and provide a non-custodial degree of punishment, the Bangkok Rules was established in 2010 by the United Nations General Assembly. Overcrowding, inadequate sanitation and cleanliness, poor nutrition, a lack of education, violence, and the hazards of pregnancy and child care are merely some of the physical and mental difficulties that women confront in prisons in India. Women are safeguarded against exploitation and granted access to essentials by a multitude of laws, regulations, and standards. In reaction to human rights violations against such convicts, the Indian judiciary has vigorously interpreted Articles 19, 21, 22, 37, and 39 A of the Indian constitution. What options does a woman have when "caretakers" are turned into abusers? Their predicament is exacerbated by the prevailing state of prisons, gender bias, abuse while incarcerated, harsh treatment of children, inadequacy of fundamental human rights, and restricted availability of prison resources. The research envisages the pressing need for improvements by addressing women's rights, challenges, and variables in prison.

Conflict-affected Karen Refugees from Myanmar: Reflections on their Resettlement in Hartford

Due to systemic violence and human rights violations in Myanmar, many ethnic minorities, including Karen, have fled the country. Many Karen refugees from camps in Thailand and Malaysia were resettled in the United States. Despite having access to multiple resources and opportunities, the Karen face challenges related to health, housing, education, employment, and culture. This paper aims to broaden our understanding of the needs and challenges of Karen refugees living in Hartford, Connecticut, through a qualitative, narrative-based research study. Lessons learned will help nongovernmental organizations, mental health professionals, and social workers to develop and implement programs and policies for refugee resettlement and integration in a culturally competent manner that is based on the values, strengths, and resilience of the refugee Karen community.

SHIPBREAKING AND RECYCLING INDUSTRY POLICY: AN ADVOCACY COALITION FRAMEWORK (A C F) APPROACH

Shipbreaking and recycling industry generates huge employment opportunities for workers and contribute a lot to the economy of Bangladesh. However, the profit motive driving the industry, has, however, been controversial in Bangladesh because of the severe violation of environmental and human rights that shipbreaking often involves. Since 1998, Greenpeace has published reports highlighting the poor conditions in shipbreaking yards and Bangladesh Environmental Lawyers Association (BELA) has been at the forefront of legal actions against shipyard owners and government agencies. After sustained dialogues with the government and various stakeholders, Bangladesh adopted the Ship Breaking and Recycling Rules, 2011 and the Hazardous Wastes and Shipbreaking Waste Management Rules, 2011. In 2018, the Bangladesh Ship Reprocessing Act was passed in Parliament, introducing new provisions that address the issues of Shipbreaking and recycling industry. The application of the Advocacy Coalition Framework (ACF) to the shipbreaking and recycling industry of Bangladesh has provided valuable insights into the intricate policymaking landscape of this critical sector. It provides a structured way to understand how different actors and their beliefs shaped the development and evolution of the Ship Breaking and Recycling policy in Bangladesh. KEY WORDS: Shipbreaking, Recycling Policy, ACF

Implementasi Smart Mining dan Teknologi Hijau dalam Mitigasi Dampak Pertambangan Nikel Terhadap Lingkungan di PT. Sulawesi Cahaya Mineral

In this case, we need to know about mining in Indonesia, our motherland has a lot of natural resources that can be renewed (renewable resources), for example rivers, forests, soil quality, and natural resources that cannot be renewed (non-renewable). resources) for example coal, petroleum and metals. There are positive and negative points in the mining industry in our country, in this case from a positive perspective, the mining industry contributes to Indonesia's national gross domestic product (GDP), opens up quite a lot of career/employment opportunities for local and non-local communities, infrastructure development, and improving the standard of living of the surrounding community. From a negative perspective, the mining industry is a scourge in terms of environmental damage, climate change, human rights violations and social inequality. In this case I will raise the topic of the impact of the nickel metal mine of PT, Sulawesi Cahaya Mineral, Routa area, Konawe Regency, Southeast Sulawesi Province on the environment.

Про концепцію соціальної відповідальності бізнесу та унормування відповідальності материнських компаній

The article identifies various areas of violations of human rights and freedoms by industrial companies, which require an adequate response from the legislator. The experience of French and German law in protecting human rights and freedoms from the adverse impact of economic activity may be useful. This also applies to the liability of a parent company for the actions of its subsidiaries, given the existence of control over the activities of the latter, and the adoption of decisions that indicate the level of influence they exert. Despite the fact that economic freedoms are currently prioritized over social interests, social responsibility of business is becoming increasingly important. The article focuses on the issues of determining the type, amount of liability and assessment of violations identified in the course of analyzing the case law in disputes on social responsibility of business in the presence of a negative impact on human rights and freedoms. The author analyzes the tort liability of legal entities for human rights violations, noting that it is characterized by pecuniary compensation. In the absence of actual damages, the tort liability of companies loses its meaning. The case law of the European Court of Human Rights and Ukrainian court practice does not provide for compensation for the mere fact of interference or the mere existence of a negative impact on human rights and freedoms by a business entity. This makes it necessary to find other approaches to respond to the negative consequences of companies’ activities. The problem is exacerbated by the fact that damage to human rights and freedoms is difficult to measure and evaluate: determining the equivalent value of a violation of the right to privacy, personal information, loss of comfort, etc. On the contrary, the practice of English courts is to award compensation to the claimants whose rights and freedoms have been violated, which distinguishes them from the tort liability of companies.