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Begin New Search Topic Human Rights Content Type Journal Article

1. Civil War between the Ethiopian Government and the Tigray People’s Liberation Front: A Challenge to Implement the Responsibility to Protect Doctrine

Author:
Israel Nyaburi Nyadera and Census Osedo
Publication Date:
08-2023
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
How does the 2020–2022 civil war in Ethiopia contribute to our understanding of the Responsibility to Protect (R2P) doctrine? This study seeks to revisit the debate over the effectiveness of the R2P doctrine in the wake of increased intrastate conflicts. The objective is to assess the dilemma that arises with the implementation of R2P when governments are involved in the conflict and the international community is reluctant or unable to intervene. The study adopts the systematic review approach (PRISMA) to identify the shortcomings, trends, and debates around R2P. It uses the Ethiopian civil war to contribute further to the existing body of literature. The paper finds that, indeed, the R2P doctrine is facing serious challenges with its implementation. It shows that when governments fail to acknowledge the other actors as legitimate combatants and instead describe them as terrorist groups, it becomes difficult to uphold the R2P doctrine. The paper also identifies a lack of leadership and coordinated efforts at regional and international levels as contributing factors, which further undermine the effectiveness of R2P. The paper concludes that the Ethiopian civil war exposes serious shortcomings in the R2P doctrine that need to be reviewed and reformed urgently. It proposes the adoption of a systems-thinking approach that can streamline the actors and processes of response during civil wars.
Topic:
Civil War, Human Rights, Conflict, and Responsibility to Protect (R2P)
Political Geography:
Africa, Ethiopia, and Tigray

2. Derecho humano a la seguridad:Prevención del Extremismo Violentocon Vasili Grossman

Author:
Verónica Yazmín García Morales Morales
Publication Date:
06-2023
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
El presente estudio aborda el derecho humano a la seguridad desde el enfoque de la Prevención del Extremismo Violento. La Prevención del Extremismo Violento (PEV) es una estrategia en el marco de Naciones Unidas enfocada a fortalecer el respeto de los derechos humanos. La PEV aborda el extremismo violento que conduce al terrorismo desde el enfoque de la prevención y de los derechos humanos. Lo más relevante de esta perspectiva es su innovación para garantizar la seguridad como derecho humano. Es más, la PEVsurge como respuesta a las políticas de seguridad antiterroristas que se consideran insuficientes para erradicar este fenómeno. Las medidas de acción de la PEV, por tanto, van más allá de lo que en sentido estricto se conoce como política securitaria. La educación y la cultura tiene así una función importante en la PEV, como también ponen de relieve las políticas de la UNESCO. El análisis que se desarrolla expone una propuesta de espacio dialógico que aplica la medida de educación, cultura y sensibilización a través de la literatura. Se reflexiona así, a partir del diálogo con Vida y destino de Vasili Grossman, sobre el extremismo violento y los derechos humanos.
Topic:
Security, Human Rights, United Nations, Literature, and Countering Violent Extremism
Political Geography:
Global Focus

3. THE ROLE OF REGIONAL HUMAN RIGHTS INSTITUTIONS IN TIMES OF ARMED CONFLICTS IN AFRICA

Author:
Ufuoma Veronica Awhefeada
Publication Date:
03-2023
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
Armed conflict is a perennial problem that has plagued Africa for decades, resulting in flagrant human rights abuse. The central problem this paper seeks to address is identifying the laws establishing institutions and agencies for protecting human rights in Africa and examining how well-adapted these institutions are to protect human rights in times of armed conflict in Africa. This research employs the doctrinal research method, which entails an examination of the relevant primary sources of the law as laid down in the statutes and treaties and interpreted by the courts as well as secondary source materials, including journal articles, reports, and other relevant sources materials. It is contended that though human rights institutions were not established with the goal of interventions in times of armed conflict to protect human rights, they can be adapted to meet this challenge to stem the tide of gross human rights violations during armed conflicts. The paper concludes by recommending the expansion in the practice of the mandate of these human rights institutions to accommodate mechanisms for the protection of human rights in times of armed conflicts.
Topic:
Human Rights, International Humanitarian Law (IHL), and Armed Conflict
Political Geography:
Africa

4. Los retos de Honduras en materia de inseguridad. El dilema de Xiomara Castro ante el populismo punitivo y de la seguridad.

Author:
Javier Lozano Cobos
Publication Date:
10-2023
Content Type:
Journal Article
Journal:
Revista UNISCI/UNISCI Journal
Institution:
Unidad de investigación sobre seguridad y cooperación (UNISCI)
Abstract:
La militarización y el combate como herramienta casi exclusiva contra la violencia y la inseguridad ha sido el paradigma de profundo calado en Honduras y la mayor parte de la región, lo que implica la solución a los problemas de inseguridad en clave de guerra. Este conflicto asimétrico entre los grupos criminales y los Estados se recrudeció a raíz de la Guerra contra las Drogas iniciada por el presidente mexicano Calderón, y no es sino la continuación de las diversas guerras contra ya ensayadas en Centroamérica bajo inspiración de los EEUU. Con la llegada al poder de la presidenta hondureña, Xiomara Castro, se advertía un cambio en relación a las políticas de seguridad que no se enfocaran exclusivamente en la mano dura, sino que abordara la reforma integral del Estado priorizando la lucha contra la corrupción y la impunidad, así como la mejora de la calidad de la democracia. Una ola de populismo punitivo recorre la región, pero la mejora en los niveles de inseguridad en Honduras no será sostenible mediante el uso exclusivo de la fuerza ni estados de excepción.
Topic:
Corruption, Human Rights, War on Drugs, Democracy, Geopolitics, Inequality, Populism, and Militarization
Political Geography:
Latin America, Honduras, and United States of America

5. Prior Rebel Experience Of Leaders And Its Influence On Physical Integrity Rights

Author:
Adil Yıldız
Publication Date:
12-2023
Content Type:
Journal Article
Journal:
AURUM Journal of Social Sciences
Institution:
Altinbas University
Abstract:
Previous research shows that leaders’ prior experiences influence their policy decisions. The existing human rights literature focuses mainly on country-level factors, such as economic development, regime type and the conflict situations to explain violations of rights. This research contributes to a flourishing literature on leaders’ role in upholding rights by theorizing why and how the prior experiences of leaders affect the propensity to violate physical integrity rights. It is argued in this article that leaders with a rebel experience, and who have experienced victory in rebellion are less likely to respect human rights, while those who have suffered defeat are more likely to do so. Both types of leaders have demonstrated a willingness to take risks, but in the former case, victory reinforces their belief in taking risks, leading them to keep risk-taking, whereas in the latter, defeat teaches leaders to become more risk averse. Infringing on human rights is indeed risky, potentially leading to negative consequences such as a damaged reputation, accountability, and social upheaval. The empirical analysis of the research demonstrates that having a rebel background alone does not inherently influence a leader’s behavior regarding human rights; what matters is the outcome of the rebellion. The probability of showing respect for rights decreases when a rebellion is won, while it increases when there has been a previous loss in rebellion. The article highlights the importance of using leaders, rather than just states, as a unit of analysis to explain why certain countries commit human rights violations.
Topic:
Human Rights, Leadership, and Rebellion
Political Geography:
Global Focus

6. Comment on the Zhao Case: Can a ‘Victory for Human Rights’ in the Netherlands Benefit Children at Risk of Statelessness in the Middle East and North Africa?

Author:
Thomas McGee and Yoana Kuzmova
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
Zhao establishes a significant precedent, but it remains to be seen how easily the outcome can be translated into victories elsewhere. In practical terms, the universal application of the decision may be hampered by the limitations of the legal and institutional landscape in the MENA.This issueneeds to be pushed to challenge violations of the same right:a nationality forall children,at birth,everywhere in the world.
Topic:
Human Rights, Law, Citizenship, and Stateless Population
Political Geography:
Africa, Middle East, and MENA

7. Views Adopted by the UN Human Rights Committee Under Article 5(4) of the Optional Protocol, concerning Communication No 2918/2016

Author:
Rodolfo Ribeiro Coutinho Marques
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
InDecember 2021, the UN Human Rights Committee(‘HRC’)published its views in a ground-breaking case (Communication No2918/2016),1finding that the Netherlands had violated a child’s right to a nationality by registeringthem as having‘unknown nationality’in theircivil records. The HRCreasoned that, in so doing, the Netherlands hinderedthe child’s access to international protection as a stateless child.This was the first time that the HRChas ruled on the right of a child to acquire a nationality under art 24(3) of the International Covenant on Civil and Political Rights(‘ICCPR’).FACTSThe case revolved arounda petition by DZ, a child born in Utrecht in 2010 to a Chinese mother. In 2004, she was trafficked to the Netherlands as a minorbut managed to escape her traffickers at the Schiphol Airport in Amsterdam. She then applied for asylum, but her application was unsuccessful. In 2006, DZ’s mother was forced into prostitution. Two years later, she broke out of her captivity and reported the situation to the police, which gave her the right to a temporary status while the investigation was undergoing. After an unsuccessful, year-long investigation, her temporary residence permit was revoked, and her status changed to ‘illegal alien [sic]’.Moreover, DZ’s biological father, who did not recognise paternity, was not in contact with themor with DZ’s mother.*Teaching Assistant and PhD Candidatein International Law at the Graduate Institute of International and Development Studies.I would liketo thank Dr Katia Bianchini and Professor Laura van Waas for theirinsightful feedback and comments. The usual caveats apply. An earlier version of this case note was published on EJIL:Talk! as a blog post.1Human Rights Committee, Views Adopted by the Committee under Article 5(4) of the Optional Protocol,Concerning Communication No2918/2016, UN Doc CCPR/C/130/D/2918/2016(20 January 2021) (‘Communication No 2918/2016’).
Topic:
Human Rights, International Cooperation, United Nations, and Nationality
Political Geography:
Global Focus

8. Women’s Security in the Democratic Republic of the Congo

Author:
Immaculée Birhaheka
Publication Date:
03-2022
Content Type:
Journal Article
Journal:
Brown Journal of World Affairs
Institution:
Brown Journal of World Affairs
Abstract:
The fight for women’s rights in the Democratic Republic of the Congo (DRC) originated in the 1950s with the creation of young women’s social centers in local Catholic churches. In the early 1980s, challenges within the fight grew with the emergence of the NGO system, which brought non-state actors into activism for social change. This development popularized the idea that, because women constitute 52 percent of the population, abandoning them would be a mistake. However, the road to women’s social emancipation remains long and perilous.
Topic:
Security, Human Rights, History, Women, and Inequality
Political Geography:
Africa and Democratic Republic of the Congo

9. Extradition in the Criminal Procedural Legislation of Ukraine:" Compliance With The European Standards

Author:
Victoriia Rohalska, Oksana Bronevytska, and Gediminas Buciunas
Publication Date:
02-2022
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The importance of legal regulation of extradition in the system of legal aid in criminal proceedings is determined both by the national interests of states and the interests of international cooperation in combating transnational and international crimes. The objective of this paper was to get the answer to the main question of this research - Did the provisions of the law on extradition in Ukraine meet international standards? A set of general and special scientific, and philosophical methods of scientific research were used while preparing this article, to clarify the approaches to the extradition procedure of different countries and in practice. The results of the research suggested that the current criminal procedure legislation of Ukraine in the sphere of extradition generally meets European standards. Although, there are some gaps in the national legal regulation of extradition that may adversely affect the observance of the rights and freedoms of persons to whom it is applied.
Topic:
Human Rights, International Cooperation, International Law, European Union, and Extradition
Political Geography:
Europe and Ukraine

10. Progressive Policy Versus Conservative Norms: A Paradox of LGBTQ+ Rights in Cuba

Author:
Melissa Wilk
Publication Date:
05-2022
Content Type:
Journal Article
Journal:
Journal of Public and International Affairs (JPIA)
Institution:
School of Public and International Affairs (SPIA), Princeton University
Abstract:
LGBTQ+ rights are gaining attention in national and international political discourse and policymaking. Despite recent progress, complex challenges still stand in the way of establishing human rights for LGBTQ+ communities around the world. One such challenge is the uneven progress towards LGBTQ+ rights caused by conflicts between progressive policy and conservative norms, which poses a threat to the progress that has been made and may lead to worsening conditions for LGBTQ+ people. Within the context of Latin America and Cuba specifically, this paper explores whether progressive policy alone is sufficient for enabling change, and the relationship between policy and norms: does policy shift with norms? Or do norms shift with policy? With a unique history and culture, and some of the strongest pro-LGBTQ+ policies in the region, Cuba provides an opportunity to examine these questions and provides critical insights for literature that is otherwise underdeveloped.
Topic:
Human Rights, International Development, LGBT+, Norms, and Progressivism
Political Geography:
Cuba and Caribbean

11. Robbing Reproductive Autonomy: Forced Sterilizations in the Americas and the Inter-American Human Rights System’s Response

Author:
Meredith McCain
Publication Date:
05-2022
Content Type:
Journal Article
Journal:
Journal of Public and International Affairs (JPIA)
Institution:
School of Public and International Affairs (SPIA), Princeton University
Abstract:
Forced and coerced sterilizations, far from being a relic of the past, remain a widespread and troubling practice throughout the world. In the Americas, numerous countries have been accused of carrying out state-sponsored campaigns of forced sterilizations against indigenous, Afro-descendant, poor, and/or intellectually disabled women, in what amounts to an appalling act of violence and targeted erasure of marginalized communities. While international jurisprudence on forced sterilizations is limited, the Inter-American Human Rights System has been at the forefront of confronting this issue of reproductive justice. Through an analysis of two landmark cases at the Inter-American Court of Human Rights, this paper explores the strides that have been made and the gaps that remain for survivors of forced sterilization to receive justice.
Topic:
Human Rights, Law, State Violence, Reproductive Rights, and Sterilization
Political Geography:
South America, Central America, and North America

12. Tying Human Rights to U.S.-DPRK-ROK Negotiations

Author:
Greg Scarlatoiu
Publication Date:
04-2022
Content Type:
Journal Article
Journal:
International Journal of Korean Studies
Institution:
International Council on Korean Studies
Abstract:
For over three decades, the United States and the international community has been attempting to engage North Korea diplomatically, aiming for the complete, verifiable, irreversible denuclearization of North Korea. The Kim family regime has been committing crimes against humanity, but human rights concerns have been discounted by U.S. and other negotiators, fearing they would be an obstacle to a negotiated solution to the grave military and security challenges Pyongyang poses. North Korea has breached each and every one of the international obligations it has assumed, from imembership in the Treaty of Non-Proliferation of Nuclear Weapons to the 1994 Geneva Agreed Framework to the Six Party Talks to the 2012 Leap Day Agreement. While its negotiating counterparts have neglected human rights concerns in multilateral and bilateral talks, North Korea has continued to develop and test its nuclear and ballistic missile programs. It is time for a new paradigm, that brings human rights into the conversation, in a bilateral or multilateral setting.
Topic:
Security, Human Rights, Nuclear Weapons, Treaties and Agreements, United Nations, and Appeasement
Political Geography:
Asia, North Korea, North America, and United States of America

13. Getting North Korean Human Rights Right, Now and for the Future

Author:
George Hutchinson
Publication Date:
04-2022
Content Type:
Journal Article
Journal:
International Journal of Korean Studies
Institution:
International Council on Korean Studies
Abstract:
While the Universal Declaration of Human Rights recognizes the agency, dignity and rights of the individual, North Korea’s collectivist notion of freedoms are conditioned to preserve and perpetuate the Kim regime, resulting in the denial of human rights for North Koreans. Pyongyang’s defensive outbursts and angry rhetoric in defense of its distorted definition of sovereignty has deeply affected South Korea’s policy approach over the issue of North Korean human rights. Sensitive to Pyongyang’s feelings, South Korea’s progressive camp prefers to engage with North Korea in the wishful hopes that relations will gradually improve. The conservative camp at times uses the Kim regime’s sensitivity to dial up pressure on issues such as denuclearization. Progressives are willing to concede aid and benefits up front to get to inter-Korean engagement while conservatives make these concessions conditional. Neither approach has alleviated the brutal denial of human rights in North Korea. This paper explores South Korea’s “wicked problem” of partisan treatment of North Korean human rights through careful examination of present and past administrations and concludes with recommendations for a middle ground safe enough so that neither progressives nor conservatives feel they have strayed too far outside of the partisan boundaries of their respective camps
Topic:
Human Rights, Authoritarianism, and Universal Declaration of Human Rights
Political Geography:
Asia and North Korea

14. The attitude of the international community to the October 1997 student protests in Kosovo

Author:
Aarjan Janova and Oktaj Hasani
Publication Date:
01-2022
Content Type:
Journal Article
Journal:
Revista UNISCI/UNISCI Journal
Institution:
Unidad de investigación sobre seguridad y cooperación (UNISCI)
Abstract:
During the administration of the former Yugoslavia, the Albanian population of Kosovo was denied the basic right to education. Albanian students, although they were numerically in the majority at the University of Pristina, did not even enjoy the basic rights to education in the Albanian language, despite the fact that this university was Albanian and was founded by Albanians more than 20 years ago. This situation pushed Albanians to organise themselves to defend their freedoms and rights, especially in the field of education. The student protests of October 1997, organised in a spirit of cooperation between students, civil society and teachers, became one of the many factors that brought the treatment of the Albanian people under Slobodan Milosevic's regime to the attention of the world.
Topic:
Human Rights, Protests, International Community, Independence, Freedom, Albanians, and Aggression
Political Geography:
Kosovo and Yugoslavia

15. Civil Society & Political Transformations (Harvard Journal of Middle Eastern Politics and Policy, Fall 2021)

Author:
Ghazi Ghazi
Publication Date:
04-2022
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
Eleven years after the 2011 Arab Spring, feelings of transformation and change still reverberate throughout the region. The Spring 2022 edition, Civil Society and Political Transformations, seeks to illuminate how civil society organizations operate in the region and their effects on political transformations.
Topic:
Civil Society, Education, Human Rights, Migration, Politics, Race, History, Reform, Women, Constitution, Arab Spring, Syrian War, Recep Tayyip Erdoğan, Baath Party, and Peacebuilding
Political Geography:
Afghanistan, Iraq, South Asia, Turkey, Middle East, Israel, Libya, Yemen, Palestine, North Africa, Syria, Jordan, Morocco, and United Arab Emirates

16. U.S. Relations With China: DACOR Conference Summary

Author:
Keith McCormick and Emma W. Sandifer
Publication Date:
11-2022
Content Type:
Journal Article
Journal:
American Diplomacy
Institution:
American Diplomacy
Abstract:
As relations with the People’s Republic of China (PRC) loom ever larger for the U.S., DACOR’s annual conference in 2022 focused on “Balancing Competing Interests in U.S. Relations With China.” The Washington-based organization of foreign affairs professionals brought together diplomats and academics to explore the idea that U.S. policy toward China needs to pursue cooperation in some areas and competition in others while simultaneously confronting Beijing and preparing to deter or win a conflict, if it comes to war. The hybrid conference, with some attendees present at the historic DACOR-Bacon house and others joining online, was conducted under Chatham House Rules. The keynote address, by Ambassador (ret.) J. Stapleton Roy, was live-streamed to a classroom of political science faculty and students at the University of Nebraska, Lincoln.
Topic:
Conflict Prevention, Diplomacy, Human Rights, Bilateral Relations, Trade, and Conference
Political Geography:
China, Asia, North America, and United States of America

17. Another Potemkin Visit? Rethinking the UN Human Rights Chief’s Upcoming Trip to Xinjiang

Author:
Christelle Genoud
Publication Date:
05-2022
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
In March, United Nations (UN) High Commissioner for Human Rights Michelle Bachelet announced an agreement with China for a May visit, which includes access to Xinjiang. The exact date for the visit has yet to be determined, but recent reports indicate it is due to take place before the end of this month, which will make Bachelet the first UN High Commissioner for Human Rights to visit China in 17 years (China Daily, May 11). Negotiations were stalled for years with Bachelet first indicating intent to report on Xinjiang in a 2018 request for unhindered access to “all regions of China” (Office of the High Commissioner for Human Rights (OHCHR), September 10, 2018). At the end of April, a UN advance team arrived in Guangzhou to quarantine before traveling to Xinjiang to lay the groundwork for Bachelet’s visit (South China Morning Post (SCMP), April 25.
Topic:
Human Rights, United Nations, and Uyghurs
Political Geography:
China, Asia, and Xinjiang

18. The Beijing Olympics in Retrospect: An Anti-Human Rights Politics Machine

Author:
Christelle Genoud
Publication Date:
03-2022
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
As the U.S. and other Western nations announced diplomatic boycotts of the 2022 Beijing Winter Olympics, the People’s Republic of China (PRC) frequently exhorted the international community to keep politics out of the games (People’s Daily, December 8, 2021). Spokespersons of the Beijing Organizing Committee also objected to the “politicization” of the Olympic Games, and claimed that the closed loop Olympic bubble was solely a COVID-19 containment measure necessitated by growing concerns over the spread of the Omicron variant in China (Global Times, January 5). Although, the creation of a closed loop bubble was ostensibly undertaken for epidemic prevention purposes, it also had the impact of isolating athletes and journalists, and forestalling unwanted international focus on poor human rights conditions in China.
Topic:
Human Rights, Politics, Sports, and Olympics
Political Geography:
China and Asia

19. National Security: An Exception of Freedom of Speech

Author:
Aman Ullah and Akram Badshah
Publication Date:
01-2022
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
The real autonomy would not be possible if people were not capable to express their thoughts, compose their opinions, or linked with those who might discuss their feelings and thoughts. It is also an essential right in a free society to be liberally allowed to participate in the welfare of society. The equilibrium should be maintained by imposing realistic restrictions which may be levied under the law when the right to Freedom of Speech comes in clash with rights of other individuals which can help the democratic state to preserve the basic right of Freedom of Speech at an admissible level. The basic purpose of this article is to explore the scope and extent of “protection of national security” an exception of Freedom of Speech in the light of national and international instruments.
Topic:
Human Rights, National Security, Freedom of Expression, Free Speech, and Debates
Political Geography:
Pakistan and South Asia

20. Defamatory Statements in Recent Political Landscape and Freedom of Speech

Author:
Aman Ullah and Akram Badshah
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
It is an internationally recognized principle that the prerogative to speak freely is a preliminary human right of the utmost importance. It is a fundamental democratic principle which plays a key role in strengthening other human rights. Concurrently, it is widely accepted that this right is not absolute and the legislature may impose restrictions on it, according to law, for the welfare of the people. The unbridled license may not be given to any person for publishing defamatory material, either libel or slander, which defames the dignity and reputation of others on the plea of the prerogative to speak freely. The prerogative to speak freely must be proportionated against other fundamental rights and constitutional principles. The basic purpose of this article is to explore the “defamatory statement” which harms the reputation of others in the light of UDHR, ICCPR and the Constitution of Pakistan, particularly in the recent political landscape.
Topic:
Human Rights, Politics, Freedom of Expression, Free Speech, and Defamation
Political Geography:
Pakistan and South Asia