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Begin New Search Topic Human Rights Content Type Journal Article Journal Review of Human Rights

1. Proposing a Relative Enforcement Mechanism for the Treaty on Business and Human Rights

Author:
Muhammad Asif Khan
Publication Date:
12-2022
Content Type:
Journal Article
Journal:
Review of Human Rights
Institution:
Society of Social Science Academics (SSSA)
Abstract:
An Intergovernmental Working Group is established by the Human Rights Council to adopt a treaty on Business and Human Rights. According to the draft treaty the enforcement mechanism relies on a treaty body working through a reporting-based mechanism. In this article the enforcement mechanism of the treaty is analysed through the progressive model of accountability presented by Gupta and Van Asselt. It also takes further the analysis based on the progressive model by Nadia Bernaz of the enforceability measures adopted within the treaty. The enforceability of the treaty is further discussed in this article and a relative enforcement mechanism is proposed. The proposal includes structural changes within the treaty body and inclusion of the role of non-state entities for more efficient enforcement.
Topic:
Human Rights, Treaties and Agreements, Business, and Enforcement
Political Geography:
Global Focus

2. Public Policy and the Challenge of Health Care Services to Women prisoners in Myanmar

Author:
Swe Zin Linn Phyu
Publication Date:
12-2021
Content Type:
Journal Article
Journal:
Review of Human Rights
Institution:
Society of Social Science Academics (SSSA)
Abstract:
While women's rights are seen as human rights in Myanmar to a larger extent, this is not however true for women prisoners. This disregard of rights to women prisoners is because of administrative and legal hurdles. According to the 2008 Constitution though both men and women enjoy equal rights, nevertheless on the implementation level administration and laws, which are drawn from a mix of colonial and traditional sources, makes is practically difficult to realize the constitutional guarantee. This paper explores and reflects on the issues of women prisoners’ access to their basic health care rights from the human rights perspective. Furthermore, I also throw light on how various loopholes of in the public policy increase their vulnerability.
Topic:
Health, Human Rights, Prisons/Penal Systems, Women, and Prisoners
Political Geography:
Southeast Asia and Myanmar

3. Exceptionality of the Principle of the Presumption of Innocence

Author:
Carlos Manuel Rosales
Publication Date:
12-2021
Content Type:
Journal Article
Journal:
Review of Human Rights
Institution:
Society of Social Science Academics (SSSA)
Abstract:
The Principle of Presumption of Innocence (PPI) is one of the constitutional pillars of modern democratic state system. However, various theories and justifications have been developed for its inalienability to be reconsidered, especially based on the local context and needs of each country. This research highlights and critically analyzes the question of its reconsideration, the exceptions so far created, and its impact on the continental human rights jurisdictional system.
Topic:
Human Rights, Law, Justice, Jurisdiction, and Presumption of Innocence
Political Geography:
Global Focus

4. Stable Regime, Historiography and Truth Commissions: A Case Study of Pashtun Tahafuz Movement of Pakistan

Author:
Farhat Taj
Publication Date:
12-2021
Content Type:
Journal Article
Journal:
Review of Human Rights
Institution:
Society of Social Science Academics (SSSA)
Abstract:
This article discusses the Pashtun Tahafuz Movement's (PTM) demand for establishing a Truth and Reconciliation Commission (TRC) to facilitate the right to truth of victims of the war on terror in Pakistan. It highlights the tension among the right to truth, geopolitical considerations, and historiography in pursuit of transitional justice under a stable regime. It argues that Pakistan is not likely to establish a TRC due to its geopolitical considerations vis-a-vis Afghanistan. It, however, also underscores that PTM as a pressure group could contribute greatly to realising several human rights based right claims of the war victims, if it disengages itself from the anti-Pakistan Afghan diaspora
Topic:
Human Rights, Transitional Justice, War on Terror, Pashtun, Pashtun Tahafuz Movement (PTM), and Truth and Reconciliation
Political Geography:
Pakistan and South Asia

5. George Floyd’s Murder: A Human Rights Analysis of the Racial Discrimination in the United States

Author:
Farnaz Raees Kazemi
Publication Date:
12-2021
Content Type:
Journal Article
Journal:
Review of Human Rights
Institution:
Society of Social Science Academics (SSSA)
Abstract:
George Floyd’s murder by the police in Minneapolis provoked widespread political agitation across the country. It once again highlighted the problematic racial dimension of policing and eggregious violation of human rights commitments on the part of the government. In this article we explore how the human rights law and racism in the United States interact with each other? We employ qualitative research based on descriptive-analytical method and divide the article in four parts: a brief introduction, ahistorical background of racism, a conceptual comprehension of racial discrimination and a brief survey of the international human rights instruments against racism, and the onground situation of racial discrimination in the country. We conclude that the process of negotiation between human rights law and racism in the United States is far from settled yet.
Topic:
Human Rights, Minorities, Discrimination, Protests, Police, Racism, and George Floyd
Political Geography:
North America and United States of America

6. Women's Rights and Democratic Transitions: A Comparative Study of Pakistan, Chile, and South Africa

Author:
Abida Bano
Publication Date:
12-2021
Content Type:
Journal Article
Journal:
Review of Human Rights
Institution:
Society of Social Science Academics (SSSA)
Abstract:
Democratization provides women an opportunity to represent their interests/issues effectively. Institutional change of democratic transition proves women's movement's best chance to push for gender-sensitive policy outcomes. This case study critically examines three selected democratic transitions' workings and assesses the cross-cases variation in women's gendered outcomes (South Africa, Chile, and Pakistan). The research questions state as "how and why did women's movements perform differently in achieving gendered policy outcomes in the democratic transitions?” Engaging comparative framework and the qualitative approach, the study shows that the socio-political context, historical legacies, and party alliances have played vital role in varying gendered outcomes.
Topic:
Democratization, Gender Issues, Human Rights, Social Movement, Women, and Collective Action
Political Geography:
Pakistan, Africa, South Asia, South Africa, South America, and Chile

7. Incorporation of Universal Human Rights’ Norms in Municipal Law: An Analytical Study of Saudi Arabia, Iran, and India

Author:
Moosa Akefi Ghaziani and Mohmmad Akefi Ghaziani
Publication Date:
12-2020
Content Type:
Journal Article
Journal:
Review of Human Rights
Institution:
Society of Social Science Academics (SSSA)
Abstract:
The incorporation of universal human rights’ norms in public municipal law has often been a challenge for both Islamic and secular states. Employing an analytical method this article explores the main legal challenges to the incorporation of universal human rights norms into municipal laws in three states--Saudi Arabia and Iran, the two Islamic states, and India, the secular state. It is argued that despite their differences in the larger legal framework they follow a peculiar dualistic system to incorporate the human rights norms, which results in its application challenges.
Topic:
Human Rights, Law, and Norms
Political Geography:
Iran, Middle East, and Saudi Arabia

8. Fighting for the Disability Rights through Vernacularization in Bangkok

Author:
Swe Zin Linn Phyu
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
Review of Human Rights
Institution:
Society of Social Science Academics (SSSA)
Abstract:
In many non-Western societies there are still challenges to the legibility, and hence applicability, of international human rights law. This is partly due to the gap between Western legal regime and local cultural contexts. However, with the process of vernacularization some of this gap has been bridged, especially in issues of relating to women rights. This paper explores how NGOs and Human Rights defenders in Bangkok have adopted the process of vernacularization to enhance disability rights.
Topic:
Human Rights, International Law, Disability, and NGOs
Political Geography:
Asia, Thailand, Southeast Asia, and Bangkok

9. Pakistan’s Commitment to Human Rights: A Probe into the Question of Ratification of the Rome Statute of International Criminal Court

Author:
Mazhar Ali Khan
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
Review of Human Rights
Institution:
Society of Social Science Academics (SSSA)
Abstract:
The question of ratification of the Rome Statute of International Criminal Court is one of the most debated questions in public international law. Because it involves strict commitment to human rights many states often see it as a hurdle to their national interests. Nevertheless a number of states have ratified the statute except a few. Pakistan is one of those states that have not ratified the Rome Statute even though it has been a party to various other treaties on human rights. This article focuses on the question why Pakistan did not ratify the statute? The article also provides recommendations how the ratification can be made possible.
Topic:
Human Rights, International Law, Islamic State, International Community, International Criminal Court (ICC), Rome Statute, and Universal Jurisdiction
Political Geography:
Pakistan, South Asia, and Global Focus

10. Operation Zarb-e-Azb, IDPs, and the Life in Camps

Author:
Sajad Rasool and Zahid Anwar
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
Review of Human Rights
Institution:
Society of Social Science Academics (SSSA)
Abstract:
This article focuses on internal displacement of the tribal people from North Waziristan Agency in the wake of military operation called Zarb-e-Azb. It takes Abharam Maslow’s model of hierarch of needs for analyzing the life of IDPs in camps. We argue that the institutions responsible for taking care of the camps tried their best to cope with the situation nevertheless, keeping in view Maslow’s model of hierarchy of needs, the IDPs faced difficulties to overcome their biological and psychological trauma.
Topic:
Human Rights, Displacement, and Trauma
Political Geography:
Pakistan, Afghanistan, and South Asia

11. The death of Jamal Kashoggi: Issues of Human Rights Violations and International Law

Author:
Jumoke Adegbonmire
Publication Date:
12-2018
Content Type:
Journal Article
Journal:
Review of Human Rights
Institution:
Society of Social Science Academics (SSSA)
Abstract:
State responsibility is a cardinal principle of international law. The doctrine of State sovereignty under international law accords States’ legal personality and requires that they fulfill international obligations. International law imposes obligations on States to perform their duties in ensuring that a breach of international law does not go unpunished. Consequences for such actions means that States need to adhere to procedural and substantive law in addition to offering reparation for the violation of an international obligation. In the past, violation of an international obligation was only attributed to States as they were considered to be the only entity that could possess rights and duties within the international sphere. Therefore States were considered to be the only ones that could be criminally liable for acts that could be attributed to them. But the development in human rights law and the advent of rules governing personal criminal responsibility has extended the scope of international obligations under international law to include States and individuals as being liable for international crimes. The international law disallows immunity from prosecution in foreign domestic courts for the most serious crimes: Re-Pinochet case. This means State responsibility and individual responsibility for wrongful acts are not mutually exclusive.
Topic:
Crime, Human Rights, International Law, Torture, and Extradition
Political Geography:
Turkey and Saudi Arabia

12. Cambodia and the Asian Values Debate

Author:
Alvin Cheng-Hin Lim
Publication Date:
12-2018
Content Type:
Journal Article
Journal:
Review of Human Rights
Institution:
Society of Social Science Academics (SSSA)
Abstract:
In the run-up to the 2018 general elections, the Cambodian government severely restricted political and human rights, including dissolving the primary opposition party—the Cambodia National Rescue Party. Supporters of the government have articulated defenses of these restrictions, including a line of argument, which echoes the long-standing Asian values debate. This article will examine the purge of political and human rights in Cambodia in 2016-17, and will also assess the justifications for these restrictions.
Topic:
Government, Human Rights, Elections, and Democracy
Political Geography:
Asia, Cambodia, and Southeast Asia

13. Terminal Illness, Socialized Medicine, and the Question of Individual’s “best interest”

Author:
Shehzad Ali
Publication Date:
12-2017
Content Type:
Journal Article
Journal:
Review of Human Rights
Institution:
Society of Social Science Academics (SSSA)
Abstract:
In April 2018, Alfie Evans, a 23-month-old child, died in the UK. He suffered from a degenerative neurological illness. His parents wanted to get further treatment for him outside the country, but the hospital authorities and courts denied permission. This article addresses three dimensions of the case: a) state intervention in individual’s health decision-making, b) potential violation of a human right, and c) the problematic nature of the state policy of socialized medicine. I engage René Girard anthropological theory of violence and mimesis to argue that this case highlights how states enact sacrificial violence upon the terminally ill as a part of maintaining coherent public order.
Topic:
Human Rights, Ethics, Violence, Bioethics, and Medicine
Political Geography:
Global Focus

14. Anglers of Men: the Politics of Rescuing African Migrants in the Mediterranean Basin

Author:
Lorenzo Rinelli
Publication Date:
12-2017
Content Type:
Journal Article
Journal:
Review of Human Rights
Institution:
Society of Social Science Academics (SSSA)
Abstract:
This article theorizes the dynamics that emerge from the intimate relationship between contemporary African migration, liquid borders, and law around the channel of Sicily, between Italy and Libya. There, in the same waters where Ulysses and Aeneas roamed for years, whose epic journeys are considered foundational within the European identity narrative, today the trajectories that migrants boats traverse are disrupting and shuffling the European geographical limits. As a response, states are enacting a policy of containment that renders African migrants’ presence at sea invisible, while criminalizing human solidarity enacted by private organizations as well as individuals. Making use of a legal discourse analysis I will dig the premises behind the antinomic concept of criminal solidarity that emerges today in Europe as a somehow coherent system of thought, shaped by laws, codes of conduct, rules, and rulings. Specifically, by analyzing the rulings of one tribunal in Sicily, I will make an attempt to expose how rigid conceptions of borders naturalize state’s efforts to define the limits of national territory, while conversely, I will consider how the micropolitics of justice are capable of shaping the contours of discourses on current migration.
Topic:
Human Rights, Migration, Law, Refugees, and Borders
Political Geography:
Africa, Europe, Libya, and Mediterranean

15. E-Governance, Police Reforms, and Human Rights in Khyber-Pukhtunkhwa, Pakistan

Author:
Fasihuddin and Syed Ali Raza Zaidi
Publication Date:
12-2015
Content Type:
Journal Article
Journal:
Review of Human Rights
Institution:
Society of Social Science Academics (SSSA)
Abstract:
The Khyber-Pakhtunkhwa government is about to pass a legislation (Police Bill 2016) to replace the colonial police law. Moreover, the provincial police administration has already taken certain measures to introduce modern information technology in the policing system. These measures were taken in the larger backdrop of provincial government’s interest in introducing egovernance in the province. In this article we discuss these measures with a focus on whether the police performance and human rights conditions have improved with them.
Topic:
Human Rights, Governance, Reform, and Police
Political Geography:
Pakistan and South Asia

16. Law, Rights, and the Colonial Administrative System: A Critical Note on the Frontier Crimes Regulation (1901) in the FATA, Pakistan

Author:
Noreen Naseer
Publication Date:
12-2015
Content Type:
Journal Article
Journal:
Review of Human Rights
Institution:
Society of Social Science Academics (SSSA)
Abstract:
With these regulations, the colonial administration consolidated the long-term basis of their power and institutionalised an oppressive administrative-judicial system. For this purpose they also engaged local elites and customs. The administrative-judicial system introduced on the Northwestern border was different from the criminal and civil laws introduced elsewhere in British India. In 1947, when British colonial governance ended and the tribal areas became part of Pakistan, the oppressive colonial system of the Frontier Crimes Regulation (FCR) continued. It is still in force to the present day. In this article, I discuss the control structure of the administrative-judicial system that was imposed through these crime regulations in the FATA. I argue that these regulations are against fundamental rights prescribed in Pakistan’s Constitution of 1973 and the UN Human Rights Charter. I also highlight the plight of tribal people suffering politically, socially, and economically due to these undemocratic and discriminatory regulations, which are unduly unjustified and defended by a group of people with vested interests.
Topic:
Crime, Human Rights, History, Law, and Regulation
Political Geography:
Pakistan and South Asia

17. Human Rights in Cambodia after the Khmer Rouge

Author:
Alvin Cheng-Hin Lim
Publication Date:
12-2015
Content Type:
Journal Article
Journal:
Review of Human Rights
Institution:
Society of Social Science Academics (SSSA)
Abstract:
This article will first consider the decline of human rights in Cambodia under the Khmer Rouge’s Democratic Kampuchea regime. This will be compared with the situation in the Vietnamese-backed regime which followed Democratic Kampuchea, and with the post-conflict regime that was established after the Paris Peace Agreements of 1991. In particular, it will examine the different ways Cambodians lost their human rights under the revolutionary socialist regime of Democratic Kampuchea, the postrevolutionary socialist regime of the People’s Republic of Kampuchea, and the neoliberal post-socialist conditions of contemporary Cambodia. The article will conclude with a consideration of the future of human rights in Cambodia.
Topic:
Human Rights, History, Authoritarianism, and Khmer Rouge
Political Geography:
Asia, Cambodia, and Southeast Asia