Human Rights Review最新文献

In India, consistent marginalization of women suggests that broader societal transformation is needed to transcend gender stereotypes and foster gender equality. Effective school curriculum and textbook content can influence and revitalize mindsets to respect and uphold women’s rights (WR). This research examines the manifestation and extent to which WR is addressed in Indian school social science textbooks using qualitative content analysis. Data from official primary and secondary school textbooks published between 2006 and 2013 and reprinted between 2017 and 2019 were analyzed, based on the components of WR prescribed by the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), using descriptive statistics (frequency and percentage). The results indicate that there is negligible focus on WR in textbooks at the elementary level. While both explicit and implicit focus on WR increased at the secondary and senior secondary levels, some vital aspects were either marginally represented or completely missing.

AI-enabled State surveillance capabilities are likely to exert chilling effects whereby individuals modify their behavior due to a fear of the potential consequences if that behavior is observed. The risk is that chilling effects drive individuals towards the mainstream, slowly reducing the space for personal and political development. This could prove devastating for individuals’ ability to freely develop their identity and, ultimately, for the evolution and vibrancy of democratic society. As it stands, human rights law cannot effectively conceptualize this cumulative, longer-term, harm, and so cannot accurately evaluate the cost/benefit of AI tools, risking irreparable harm. As chilling effects impact individuals’ ability to live a good, self-determined life, the concept of human flourishing is relevant. This article engages with Aristotelian naturalism, the life-satisfaction approach, and the capabilities approach to determine which best resonates with the concept of identity as relevant to chilling effects and human rights law. It concludes that the capabilities approach may overcome some of the problems associated with the human rights law approach and may provide a framework capable of capturing both the intricate processes of free identity development and of conceptualizing the harm linked to AI surveillance. The challenge, however, is to ‘operationalize’ this approach.

Conflicting social expectations in a particular state affect the interpretation and implementation of international human rights law. Ideological, religious, and legal factors related to the protection of freedom of religion or belief (FoRB) and freedom from discrimination based on sexual orientation and gender identity (SOGI) in Ukraine put businesses under social pressure. Businesses thus face a legitimate dilemma whether to follow national social expectations perceiving FoRB and freedom from discrimination based on SOGI as rights in conflict or expectations arising from international human rights law establishing both freedoms as equal and non-clashing. Based on desk research and in-depth interviews with business policymakers the article identifies neutrality, ignoring, and active engagement strategies when providing corporate respect to FoRB and SOGI under the business and human rights framework ‘Protect, Respect, Remedy’ which requires responsible business conduct. The article concludes with the implications each strategy has for resolving presumed clashes between FoRB and SOGI at the community level.

Colombia has received the largest influx of Venezuelan refugees and migrants. Since 2015, more than 3 million Venezuelan migrants have entered the country. Those arriving in Cúcuta have several options for entering Colombian territory. One of the main routes involves a difficult and dangerous journey of nearly 200 km to the Metropolitan Area of Bucaramanga, which serves as a key territory for accessing various destinations. Because of its geographical location, this area serves as an important transit city, facilitating travel to other major cities in Colombia, such as Bogotá, Medellín, and Cali; it is also a residence destination for Venezuelan migrants. Among the specific reasons why immigrants choose Bucaramanga over other cities are factors like climate, the existence of various cooperation organizations that provide assistance, and the considerable number of migrant individuals previously settled in this area; thus, many new migrants have family or friendship connections there. Furthermore, for many, it is the safest option or the only place they can go to when the weather turns cold. In this study, we analyze the institutional response and identify barriers that limit the protection of Venezuelan migrants’ right to access to healthcare in this location where Venezuelan citizens have faced economic, legal, bureaucratic, and social barriers. This has profound consequences for migrants’ health and poses a risk to their lives. The article is primarily based on interviews and fieldwork conducted with migrant populations between 2022 and 2023 to identify the barriers and supporting elements they experienced in terms of health care services. Likewise, this study makes a significant contribution by directly examining the experiences of Venezuelan migrants in relation to the right to health in this area. This provides a useful understanding of the social phenomenon at both the academic and institutional levels.

Recently, there has been a strong push for binding human rights due diligence (HRDD) legislation, both at the national and European levels. As empirical evidence of such legislation's impact gradually emerges, it is time to take stock. In this article, we conduct a systematic literature review to assess available empirical evidence on (1) how HRDD legislation affects the policies and practices through which companies engage with human rights; (2) how these policies and practices, in turn, affect different actors in companies’ value chains. While it is too early to make conclusive judgements, existing evidence allows us to identify several worrying trends: most companies opt for managerialist and compliance-oriented approaches to HRDD; revert primarily to earlier (and flawed) private governance mechanisms; and try to cascade responsibilities and costs in their supply chain. This risks perpetuating or reinforcing marginalisation and exclusion dynamics. Based on these findings, we formulate some lessons for policy-makers.

In “The Biden Plan for Securing Our Values as a Nation of Immigrants” (hereinafter “Biden Plan“), then-candidate Joe Biden promised to “reassert America’s commitment to asylum-seekers and refugees.” Three years into his presidency, how far has the Biden Administration come in their efforts to create a more humane asylum system? And has the treatment of unaccompanied minors seen any significant improvements? This article examines the Trump Administration’s attempts to permanently alter the US asylum system. After trying to categorically ban all claims that were based on persecution by “private actors,” the Trump Administration seized on the COVID-19 pandemic as a convenient pretext for taking away even some of the most basic human rights protections that asylum-seekers have enjoyed for generations. This article will argue that the Biden Administration, despite their efforts to restore some basic protections, continues to criminalize and institutionalize many unaccompanied minors.

In 2020, the Maldives instituted a transitional justice process to address decades of systematic human rights abuses including the widespread use of arbitrary arrest and detention, torture, and the forced depopulation of entire island communities. While the country’s decision to confront its violent past is not unusual, the institution it has established to undertake that task is. Rather than institute a truth and reconciliation commission (TRC), refer cases to its Human Rights Commission, or undertake criminal trials in its domestic judicial system, the Maldives has taken the unprecedented step of establishing a temporary Ombudsperson’s Office for Transitional Justice (OTJ). Comparing the OTJ to national human rights institutions and TRCs, this article examines how and why the Maldives’ transitional justice process has taken this unusual form. It suggests that the OTJ represents a new attempt to address the full range of human rights abuses, including violations of social and economic rights, perpetrated by repressive regimes.

Human rights defenders (HRDs) fight for various human rights and address concerns related to corruption, employment, the environment, and other issues. They also challenge powerful state and private stakeholders and seek justice for human rights abuses. Therefore, HRDs are increasingly becoming targets of violent attacks and abuse with the aim of silencing them. This article begins by providing a brief definition of HRDs and then proceeds to outline the risks associated with their work in defending human rights. It also identifies the perpetrators responsible for these violations. The article categorises the types of abuses against HRDs into two main categories, with a particular focus on the widespread tactic of using the legal system to target and silence defenders in Europe, which is also emerging globally. It introduces a taxonomy of various types of violations through the legal system. By categorising the types of violations against HRDs and establishing a taxonomy to aid in identifying these tactics, the article seeks to deepen understanding and awareness of the varied abuses experienced by HRDs, as well as their deviation from human rights standards, providing a valuable resource for academics, practitioners, and defenders.

Abstract

The article addresses the pervasive global challenge of delayed justice, emphasizing its role as a catalyst for widespread judicial reforms. The study defines international and national court approaches to reasonable trial durations by employing systematic and comparative legal methods. It delves into essential technology courts and parties use to ensure timely proceedings, categorizing associated risks and problems. The authors advocate for the multi-door courthouse system, illustrating its efficacy in reducing delays. Furthermore, the article classifies technologies facilitating reasonable trial durations, acknowledging and offering solutions for the challenges they present. This research contributes to the dynamic landscape of judicial reform, offering a holistic perspective on the multifaceted aspects of timely justice.