Pub Date : 2024-05-10DOI: 10.1007/s41134-024-00309-z
Ainun Nishat Chowdhury, Ridwan Islam Sifat
The concept of Islamophobia and the persecution of the Rohingya minority—these two phenomena are highly significant in the world context. These factors have affected systematic violence and statelessness for many years by the Myanmar Buddhist majority and the Myanmar government itself. The Rohingya community has a significant connection with several factors, including political, economic, national, and religious relations. This paper is dependent on a qualitative research methodology using secondary data was used. Myanmar is a non-secular, Buddhist-dominated country where the Buddhist majority holds a perception of Islam to justify their violence towards this community and to ensure Buddhist domination. This paper will shed some light on the argument, and discusses the extent to which Islamophobia is significant behind violations of human rights in the Rohingya community.
{"title":"The Impact of Islamophobia on the Persecution of Myanmar's Rohingya: A Human Rights Perspective","authors":"Ainun Nishat Chowdhury, Ridwan Islam Sifat","doi":"10.1007/s41134-024-00309-z","DOIUrl":"https://doi.org/10.1007/s41134-024-00309-z","url":null,"abstract":"<p>The concept of Islamophobia and the persecution of the Rohingya minority—these two phenomena are highly significant in the world context. These factors have affected systematic violence and statelessness for many years by the Myanmar Buddhist majority and the Myanmar government itself. The Rohingya community has a significant connection with several factors, including political, economic, national, and religious relations. This paper is dependent on a qualitative research methodology using secondary data was used. Myanmar is a non-secular, Buddhist-dominated country where the Buddhist majority holds a perception of Islam to justify their violence towards this community and to ensure Buddhist domination. This paper will shed some light on the argument, and discusses the extent to which Islamophobia is significant behind violations of human rights in the Rohingya community.</p>","PeriodicalId":15919,"journal":{"name":"Journal of Human Rights and Social Work","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2024-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140926662","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-09DOI: 10.1007/s41134-024-00308-0
Witness Chikoko, Johanne Mhlanga, Petronella C. J. Matavire, Kudzai Mwapaura
The study examines the experiences of asylum seekers and refugees in accessing social safety nets at Tongogara Refugee Camp (TRC). A qualitative literature review complemented by six key-informant interviews generated data for the article. The study used a social development approach to understand and analyse the existing opportunities and challenges for asylum seekers and refugees at Tongogara Refugee Camp. Research findings suggest that there are a number of social safety nets for refugees and asylum seekers at Tongogara Refugee Camp. Some of them include school fee waivers, free medical care, cash transfers, rotational schemes and financial remittances among others. However, several challenges affect the provision of the social safety nets among asylum seekers and refugees. Some of them include the welfare approach to social protection programs, lack of access to banking facilities, lack of weaning approaches from the social assistance programs, and inadequate funding to cater for all refugee needs. The study concludes that the social safety nets for refugees and asylum seekers at Tongogara Refugee Camp are not of a developmental nature. The duty bearers should embrace the social development approach in the provision of social safety nets for refugees and asylum seekers at TRC.
{"title":"Asylum seekers, Refugees and Social Safety Nets: Opportunities and Challenges at Tongogara Refugee Camp, Chipinge, Zimbabwe","authors":"Witness Chikoko, Johanne Mhlanga, Petronella C. J. Matavire, Kudzai Mwapaura","doi":"10.1007/s41134-024-00308-0","DOIUrl":"https://doi.org/10.1007/s41134-024-00308-0","url":null,"abstract":"<p>The study examines the experiences of asylum seekers and refugees in accessing social safety nets at Tongogara Refugee Camp (TRC). A qualitative literature review complemented by six key-informant interviews generated data for the article. The study used a social development approach to understand and analyse the existing opportunities and challenges for asylum seekers and refugees at Tongogara Refugee Camp. Research findings suggest that there are a number of social safety nets for refugees and asylum seekers at Tongogara Refugee Camp. Some of them include school fee waivers, free medical care, cash transfers, rotational schemes and financial remittances among others. However, several challenges affect the provision of the social safety nets among asylum seekers and refugees. Some of them include the welfare approach to social protection programs, lack of access to banking facilities, lack of weaning approaches from the social assistance programs, and inadequate funding to cater for all refugee needs. The study concludes that the social safety nets for refugees and asylum seekers at Tongogara Refugee Camp are not of a developmental nature. The duty bearers should embrace the social development approach in the provision of social safety nets for refugees and asylum seekers at TRC.</p>","PeriodicalId":15919,"journal":{"name":"Journal of Human Rights and Social Work","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2024-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140926759","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-06DOI: 10.1007/s41134-024-00295-2
Daniel Devoted Matemba, Edmond Raphael Kautsire
{"title":"Assessing the Factors That Affect the Use of Modern Contraceptive Methods Among Youth and Adolescents in Traditional Authority Chimwala, Mangochi District","authors":"Daniel Devoted Matemba, Edmond Raphael Kautsire","doi":"10.1007/s41134-024-00295-2","DOIUrl":"https://doi.org/10.1007/s41134-024-00295-2","url":null,"abstract":"","PeriodicalId":15919,"journal":{"name":"Journal of Human Rights and Social Work","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2024-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141008862","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-04-30DOI: 10.1007/s41134-024-00307-1
Jobair Alam, Md. Naimul Hasan, Sonia Mannan
The human right to health in Bangladesh has recently encountered unprecedented challenges owing to the COVID-19 pandemic. This paper examines four of such challenges related to the right to health such as (1) adoption of preventive measures, (2) access to health care, (3) healthcare workers’ safety, and (4) health-related rights amidst social distancing. It argues that Bangladesh has largely failed to combat these challenges for several reasons including the lackluster social work practices, which violated the right to health to its citizens secured under the international and national human rights obligations of Bangladesh. The article also reflects on how the negation of healthcare as a human right could have profound implications for social work practices during a health emergency. Starting with a focus on the transformation of the right to health from international to national level and the obligation of Bangladesh towards it, this paper explores these challenges through a viewpoint methodology. It concludes with some recommendations to overcome these challenges, which can be helpful to secure the human right to health in Bangladesh should a parallel situation emerge in the future.
{"title":"COVID-19 and Healthcare as a Human Right in Bangladesh: The Way Forward","authors":"Jobair Alam, Md. Naimul Hasan, Sonia Mannan","doi":"10.1007/s41134-024-00307-1","DOIUrl":"https://doi.org/10.1007/s41134-024-00307-1","url":null,"abstract":"<p>The human right to health in Bangladesh has recently encountered unprecedented challenges owing to the COVID-19 pandemic. This paper examines four of such challenges related to the right to health such as (1) adoption of preventive measures, (2) access to health care, (3) healthcare workers’ safety, and (4) health-related rights amidst social distancing. It argues that Bangladesh has largely failed to combat these challenges for several reasons including the lackluster social work practices, which violated the right to health to its citizens secured under the international and national human rights obligations of Bangladesh. The article also reflects on how the negation of healthcare as a human right could have profound implications for social work practices during a health emergency. Starting with a focus on the transformation of the right to health from international to national level and the obligation of Bangladesh towards it, this paper explores these challenges through a viewpoint methodology. It concludes with some recommendations to overcome these challenges, which can be helpful to secure the human right to health in Bangladesh should a parallel situation emerge in the future.</p>","PeriodicalId":15919,"journal":{"name":"Journal of Human Rights and Social Work","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2024-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140831560","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-04-20DOI: 10.1007/s41134-024-00298-z
Sapto Hermawan, Okky Fauzan Trias Anggoro
Persons with disabilities (PWDs) have the same legal and socio-economic rights as other normal human beings, as guaranteed in the Constitution of every single country. This paper attempts to answer the empirical questions and provide an overview of granting disability concessions in several selected ASEAN countries. In addition, this paper examines the fundamental impediments that make concessions challenging to deliver. This paper was prepared using simplified Prisma methods using selected literature and legal material. Information regarding concessions for PWD in selected ASEAN countries was obtained from articles, working papers, regulations, and data available on the portals of each country. The data obtained is then processed deductively to answer the issue raised. The paper’s results revealed that the fundamental barriers to disability concession are so intricate that four significant reasons and solutions need to be offered so that PWDs can enjoy the concession to stand straight and survive like normal human beings.
{"title":"Breaking Barriers: Addressing the Critical Challenges of Disability Concession in ASEAN Countries","authors":"Sapto Hermawan, Okky Fauzan Trias Anggoro","doi":"10.1007/s41134-024-00298-z","DOIUrl":"https://doi.org/10.1007/s41134-024-00298-z","url":null,"abstract":"<p>Persons with disabilities (PWDs) have the same legal and socio-economic rights as other normal human beings, as guaranteed in the Constitution of every single country. This paper attempts to answer the empirical questions and provide an overview of granting disability concessions in several selected ASEAN countries. In addition, this paper examines the fundamental impediments that make concessions challenging to deliver. This paper was prepared using simplified Prisma methods using selected literature and legal material. Information regarding concessions for PWD in selected ASEAN countries was obtained from articles, working papers, regulations, and data available on the portals of each country. The data obtained is then processed deductively to answer the issue raised. The paper’s results revealed that the fundamental barriers to disability concession are so intricate that four significant reasons and solutions need to be offered so that PWDs can enjoy the concession to stand straight and survive like normal human beings.</p>","PeriodicalId":15919,"journal":{"name":"Journal of Human Rights and Social Work","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2024-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140623869","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-04-06DOI: 10.1007/s41134-024-00302-6
Daniel Devoted Matemba, Christina Banda
In Malawi, sexual abuse disproportionately affects girls and young women, emphasizing the need for effective interventions to safeguard their well-being. The Spotlight Initiative, a significant effort to combat violence against women and girls, has been implemented in Malawi, addressing various forms of gender-based violence, including sexual abuse. One funded project, Girls Action to End Violence against Women and Girls (GATEVAWG), aims to empower girls through mentorship in combating gender-based violence. This study assesses the effectiveness of initiatives and support mechanisms for sexual abuse victims in Malawi’s Dowa District. The population size includes data from at least 10 victims or project beneficiaries, 5 community authorities (traditional authorities), and at least 5 organization representatives leading the Spotlight Initiative project. Findings reveal the pervasive nature of sexual abuse in the study area, where men exploit vulnerable women and girls. While community authorities play a crucial role in intervention and support, neglecting some cases leads to adverse consequences for victims and their families. Support provided includes health care, psychosocial, emotional, and social assistance, facilitating recovery and societal reintegration. The study highlights the positive impact of the Spotlight Initiative, empowering girls with knowledge of their rights and sexual reproductive health. However, challenges persist, necessitating continuous efforts to combat harmful social and gender norms. Recommendations include encouraging girls to report abuse, raising awareness among families and community leaders, and strengthening follow-up mechanisms for addressed cases. The study also recommends future investigations into how survivors, supported by community-based initiatives, experience long-term physical, psychological, and emotional well-being.
{"title":"Assessing Initiatives Taken to Safeguard and Support Victims of Sexual Abuse in Dowa District: A Case Study of the Spotlight Initiative Under the Girls Empowerment Network (GENET)","authors":"Daniel Devoted Matemba, Christina Banda","doi":"10.1007/s41134-024-00302-6","DOIUrl":"https://doi.org/10.1007/s41134-024-00302-6","url":null,"abstract":"<p>In Malawi, sexual abuse disproportionately affects girls and young women, emphasizing the need for effective interventions to safeguard their well-being. The Spotlight Initiative, a significant effort to combat violence against women and girls, has been implemented in Malawi, addressing various forms of gender-based violence, including sexual abuse. One funded project, Girls Action to End Violence against Women and Girls (GATEVAWG), aims to empower girls through mentorship in combating gender-based violence. This study assesses the effectiveness of initiatives and support mechanisms for sexual abuse victims in Malawi’s Dowa District. The population size includes data from at least 10 victims or project beneficiaries, 5 community authorities (traditional authorities), and at least 5 organization representatives leading the Spotlight Initiative project. Findings reveal the pervasive nature of sexual abuse in the study area, where men exploit vulnerable women and girls. While community authorities play a crucial role in intervention and support, neglecting some cases leads to adverse consequences for victims and their families. Support provided includes health care, psychosocial, emotional, and social assistance, facilitating recovery and societal reintegration. The study highlights the positive impact of the Spotlight Initiative, empowering girls with knowledge of their rights and sexual reproductive health. However, challenges persist, necessitating continuous efforts to combat harmful social and gender norms. Recommendations include encouraging girls to report abuse, raising awareness among families and community leaders, and strengthening follow-up mechanisms for addressed cases. The study also recommends future investigations into how survivors, supported by community-based initiatives, experience long-term physical, psychological, and emotional well-being.</p>","PeriodicalId":15919,"journal":{"name":"Journal of Human Rights and Social Work","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2024-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140563542","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-04-02DOI: 10.1007/s41134-024-00297-0
Jessi Hanson-DeFusco, William N. Dunn, Ernest G. Smith
In recent decades, the Government of Liberia (GOL) and international partners have prioritized combatting child sexual abuse, including illicit and harmful early sexual practices involving girls and adult men. Previous studies indicate high rape rates among Liberian female populations, yet more research on specific forms of abuse is needed to better understand the magnitude of the problem. Applying Bronfenbrenner’s ecological framework, this paper presents the results of a 2018 mixed-methods study of 719 Liberian young women (ages 18–35) and 493 of their parents, from urban/rural districts in Montserrado. The purpose is to contribute a large-scale representative study establishing the rate of female statutory rape and key correlates. The survey captures data measuring early sexual activity (ESA), education, socio-economic status, demographics, and knowledge, attitudes, and behaviors (KABs) associated with cultural ethnic customs, rural/urban settings, and gender rights. The statistical analysis indicates that 35.1% (95% CI 30.1–37.1) of Liberian women report experiencing ESA that qualifies as statutory rape under Liberian law. Age, ethnicity, location, SES, education, and most individual KABs are not correlated with lower rates (p < 0.05). The following are associated (unadjusted odds ratio [OR]): advanced education (OR 2.63, 95% CI 1.26–5.50); saying no to sex (0.57, 0.36–0.89); equitable work opportunities (2.15, 1.28–3.62); living with a man as a minor (0.47, 0.31–0.74); and early pregnancy (0.45, 0.32–0.65). Additionally, 39.7% (95% CI 31.2–44.1) of male assailants hold school-based occupations. As the ecology of girls is increasingly shifting in low-income nations, it is crucial to better understand the face of abuse to protect children’s welfare.
近几十年来,利比里亚政府(GOL)和国际合作伙伴一直将打击儿童性虐待作为优先事项,包括涉及女童和成年男子的非法和有害的早期性行为。以往的研究表明,利比里亚女性人口中的强奸率很高,但要更好地了解这一问题的严重程度,还需要对具体的虐待形式进行更多的研究。本文运用布朗芬布伦纳的生态框架,介绍了 2018 年一项混合方法研究的结果,研究对象是来自蒙特塞拉多城乡地区的 719 名利比里亚年轻女性(18-35 岁)及其 493 名父母。目的是通过大规模代表性研究,确定女性法定强奸率和主要相关因素。调查收集了衡量早期性行为(ESA)、教育、社会经济地位、人口统计以及与文化民族习俗、城乡环境和性别权利相关的知识、态度和行为(KABs)的数据。统计分析表明,35.1%(95% CI 30.1-37.1)的利比里亚妇女报告曾遭受过根据利比里亚法律被定性为法定强奸的 ESA。年龄、种族、地点、社会经济地位、教育程度和大多数 KABs 与较低的比率无关(p < 0.05)。以下因素(未调整的几率比 [OR])与之相关:高学历(OR 2.63,95% CI 1.26-5.50);对性说 "不"(0.57,0.36-0.89);公平的工作机会(2.15,1.28-3.62);未成年时与男性同居(0.47,0.31-0.74);早孕(0.45,0.32-0.65)。此外,39.7%(95% CI 31.2-44.1)的男性施暴者在学校从事职业。在低收入国家,女童的生态环境正在发生越来越大的变化,因此,更好地了解虐待的面貌以保护儿童的福利至关重要。
{"title":"Sexual Violence Against Female Children in Liberia: A Cross-Sectional Study of Statutory Rape Prevalence Rates Related to Correlates of Gender Equity","authors":"Jessi Hanson-DeFusco, William N. Dunn, Ernest G. Smith","doi":"10.1007/s41134-024-00297-0","DOIUrl":"https://doi.org/10.1007/s41134-024-00297-0","url":null,"abstract":"<p>In recent decades, the Government of Liberia (GOL) and international partners have prioritized combatting child sexual abuse, including illicit and harmful early sexual practices involving girls and adult men. Previous studies indicate high rape rates among Liberian female populations, yet more research on specific forms of abuse is needed to better understand the magnitude of the problem. Applying Bronfenbrenner’s ecological framework, this paper presents the results of a 2018 mixed-methods study of 719 Liberian young women (ages 18–35) and 493 of their parents, from urban/rural districts in Montserrado. The purpose is to contribute a large-scale representative study establishing the rate of female statutory rape and key correlates. The survey captures data measuring early sexual activity (ESA), education, socio-economic status, demographics, and knowledge, attitudes, and behaviors (KABs) associated with cultural ethnic customs, rural/urban settings, and gender rights. The statistical analysis indicates that 35.1% (95% CI 30.1–37.1) of Liberian women report experiencing ESA that qualifies as statutory rape under Liberian law. Age, ethnicity, location, SES, education, and most individual KABs are not correlated with lower rates (<i>p</i> < 0.05). The following are associated (unadjusted odds ratio [OR]): advanced education (OR 2.63, 95% CI 1.26–5.50); saying no to sex (0.57, 0.36–0.89); equitable work opportunities (2.15, 1.28–3.62); living with a man as a minor (0.47, 0.31–0.74); and early pregnancy (0.45, 0.32–0.65). Additionally, 39.7% (95% CI 31.2–44.1) of male assailants hold school-based occupations. As the ecology of girls is increasingly shifting in low-income nations, it is crucial to better understand the face of abuse to protect children’s welfare.</p>","PeriodicalId":15919,"journal":{"name":"Journal of Human Rights and Social Work","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2024-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140563534","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-28DOI: 10.1007/s41134-024-00303-5
Kubra Kucuksen, Seyma Arat
{"title":"Determination of Healthcare Professional Candidates’ Xenophobic Attitudes and Global Social Responsibility Levels: The Case of Turkey","authors":"Kubra Kucuksen, Seyma Arat","doi":"10.1007/s41134-024-00303-5","DOIUrl":"https://doi.org/10.1007/s41134-024-00303-5","url":null,"abstract":"","PeriodicalId":15919,"journal":{"name":"Journal of Human Rights and Social Work","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2024-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140369263","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-27DOI: 10.1007/s41134-024-00301-7
Louis Nyahunda, F. Matlakala, J. Makhubele
{"title":"Situating Social Work Methods in Climate Change Interventions in the South African Context","authors":"Louis Nyahunda, F. Matlakala, J. Makhubele","doi":"10.1007/s41134-024-00301-7","DOIUrl":"https://doi.org/10.1007/s41134-024-00301-7","url":null,"abstract":"","PeriodicalId":15919,"journal":{"name":"Journal of Human Rights and Social Work","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2024-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140373449","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-23DOI: 10.1007/s41134-024-00304-4
Abstract
The criminal justice system seeks to balance the search for the truth with procedural fairness. Because of this, the law imposes a legal burden on the state to protect public security and suspected individuals’ rights. Among individual rights that need protection is a presumption of innocence until proven guilty. Presumption of innocence is a basic right in the Ethiopian constitution and subsidiary laws in Ethiopia which requires the public prosecutor to prove each element constituting the crime beyond reasonable doubt. However, this right is facing violation in the Ethiopian criminal justice system. Thus, this article examines challenges to the presumption of innocence rights in Ethiopia’s criminal justice system. Doctrinal research method is used in the investigation process. The study found various subsidiary substantive and procedural laws, and practices violate the presumption of innocence rights. Among others, several criminal law clauses do not require the public prosecutor to provide proof but instead take certain elements of particular crimes as proven, the Criminal Justice Administration Policy presumption to transfer the burden of proof in certain major crimes to the defendant, and anti-corruption and the vagrancy control proclamation permits prolonged remand time which compromise and deprive the suspected right to be presumed innocent until proven guilty. These laws shall be revised in a manner that protects the presumption of innocence rights.
{"title":"Legal Lacunae of Presumption of Innocence Right Protection in Ethiopia","authors":"","doi":"10.1007/s41134-024-00304-4","DOIUrl":"https://doi.org/10.1007/s41134-024-00304-4","url":null,"abstract":"<h3>Abstract</h3> <p>The criminal justice system seeks to balance the search for the truth with procedural fairness. Because of this, the law imposes a legal burden on the state to protect public security and suspected individuals’ rights. Among individual rights that need protection is a presumption of innocence until proven guilty. Presumption of innocence is a basic right in the Ethiopian constitution and subsidiary laws in Ethiopia which requires the public prosecutor to prove each element constituting the crime beyond reasonable doubt. However, this right is facing violation in the Ethiopian criminal justice system. Thus, this article examines challenges to the presumption of innocence rights in Ethiopia’s criminal justice system. Doctrinal research method is used in the investigation process. The study found various subsidiary substantive and procedural laws, and practices violate the presumption of innocence rights. Among others, several criminal law clauses do not require the public prosecutor to provide proof but instead take certain elements of particular crimes as proven, the Criminal Justice Administration Policy presumption to transfer the burden of proof in certain major crimes to the defendant, and anti-corruption and the vagrancy control proclamation permits prolonged remand time which compromise and deprive the suspected right to be presumed innocent until proven guilty. These laws shall be revised in a manner that protects the presumption of innocence rights.</p>","PeriodicalId":15919,"journal":{"name":"Journal of Human Rights and Social Work","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2024-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140204956","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}