Surveying the Geneva impasse: Coercive care and human rights
بررسی بن بست ژنو: حقوق مراقبت اجباری و انسانی-2019
The United Nations human rights system has in recent years been divided on the question as to whether coercive care interventions, including coercive psychiatric care, can ever be justified under UN human rights standards. Some within the UN human rights community hold that coercive care can comply with human rights standards, provided that the coercive intervention is a necessary and proportionate means to achieve certain approved aims, and that appropriate legal safeguards are in place. Others have held that coercive care is never justified. Disagreement over this issue has produced an impasse in the UN human rights system. We survey the impasse with particular attention to the legal arguments that inform the divergent positions. In doing so we introduce a distinction among a variety of different ‘abolitionist’ positions regarding coercive care, and draw a distinction between ‘non-consensual’ and ‘coercive’ treatment. We conclude with three proposals for moving beyond the current impasse.
Keywords: Human rights | mental health | consent | psychiatric coercion | psychiatric detention | Coercive treatment | United nations human rights committee | United nations convention on the rights of | persons with disabilities | Non-consensual treatment | Involuntary treatment
Fisheries crime, human rights and small-scale fisheries in South Africa: A case of bigger fish to fry
جرم ماهیگیری ، حقوق بشر و ماهیگیری در مقیاس کوچک در آفریقای جنوبی: مورد ماهی بزرگتر برای سرخ کردن-2019
Marine fisheries plays an important role in ensuring food security and providing livelihoods in South Africa, as in many other developing coastal States. Transnational fisheries crime seriously undermines these goals. Drawing on empirical research this contribution highlights the complexity of law enforcement at the interface between low-level poaching and organised crime in the small-scale fisheries sector with reference to a South African case study. Specifically, this article examines the relationship between a fisheries-crime law enforcement approach and the envisaged management approach of the South African Small-Scale Fisheries Policy
Keywords: Fisheries crime | South Africa | Small-scale fisheries policy | Human rights
Canada, cannabis and the relationship between UN child rights and drug control treaties
کانادا ، حشیش و رابطه بین حقوق کودک سازمان ملل و معاهدات کنترل مواد مخدر-2019
Article 33 of the UN Convention on the Rights of the Child requires States to take appropriate measures to protect children from illicit drugs ‘as defined in the relevant international treaties’. Those treaties are the UN drugs conventions. Following cannabis legalisation, then, can Canada remain in compliance with the CRC while breaching treaties to which Article 33 expressly refers? This article investigates this question with reference to the drafting of the CRC and the drugs conventions, how the relationship between the two systems has been approached, and the practice of the UN Committee on the Rights of the Child from 1993-2015. While the CRC could offer an alternative framework through which to critically assess drug laws and policies, by and large it has operated so as to reinforce the drug control system. An interpretation of Article 33 in the light of Canadas cannabis reforms is proposed. Based on the text of the provision, the pacta tertiis rule, and the object and purpose of the provision, it decouples the CRC from the normative requirements of the drugs conventions.
Keywords: Single convention | Convention on the rights of the child | International law | Cannabis | Human rights
Decriminalization of abortion - A human rights imperative
جرم زدایی از سقط جنین: یک حقوق بشر ضروری-2019
This chapter reviews the evolving consensus in international human rights law, first supporting the liberalization of criminal abortion laws to improve access to care and now supporting their repeal or decriminalization as a human rights imperative to protect the health, equality, and dignity of people. This consensus is based on human rights standards or the authoritative interpretations of U.N. and regional human rights treaties in general comments and recommendations, individual communications and inquiry reports of treaty monitoring bodies, and in the thematic reports of special rapporteurs and working groups of the U.N. and regional human rights systems. This chapter explores the reach and influence of human rights standards, especially how high courts in many countries reference these standards to hold governments accountable for the reform and repeal of criminal abortion laws.
Keywords: Abortion | Penalization | Criminalization | Decriminalization | Proportionality | Human rights
The Irish Journey: Removing the shackles of abortion restrictions in Ireland
سفر ایرلند: برداشتن موارد محدودیت سقط جنین در ایرلند-2019
In May 2018, the Irish electorate voted to remove from the Constitution one of the most restrictive abortion bans in the world. This referendum followed 35 years of legal cases, human rights advocacy, feminist activism and governmental and parliamentary processes. The reframing of abortion as an issue of womens health rather than foetal rights was crucial to the success of law reform efforts. The new law, enacted in 2018, provides for access to abortion on a womans request up to 12 weeks of pregnancy and in situations of risk to the life or of serious harm to the health of the pregnant woman and fatal foetal anomaly thereafter. Abortion is now broadly accessible in Ireland; however, continued advocacy is needed to ensure that the state meets international human rights standards and that access to abortion care and abortion rights is fully secured into the law.
Keywords: Abortion | Ireland | Human rights | Advocacy | Legalisation
News from the pit: Journalistic performativity and discourse on Belgian internment policy
خبرهایی از گود: عملکرد و گفتمان روزنامه نگاری در مورد سیاست کارآموزی بلژیک-2019
This contribution examines the ways in which newspapers open or close mediated debate on the Belgian internment issue, and whether this can be connected to different journalistic practices. Although human rights guarantees are often articulated as a matter of near-universal consensus, Belgium has been convicted 23 times by the European Court for Human Rights for its treatment of mentally disabled criminal offenders. Considering news media’s central role in shaping debate on human rights issues, we study internment news in two Dutch-language newspapers between 2013 and 2015 using critical discourse analysis. Our research shows that studying media as a site of struggle enables a deeper understanding of how debate is opened or closed, and explores the possibilities of studying discursive strategies that shape the mediated debate together with practices that reinforce journalistic credibility
Keywords: Human rights | Internment | Agonistic pluralism | Discursive strategies | Media discourse | Performativity | Journalistic practices | Newspapers | Critical discourse analysis
Potential ecological and social benefits of a moratorium on transshipment on the high seas
منافع بالقوه زیست محیطی و اجتماعی از یک مهلت قانونی در انتقال در دریاهای آزاد-2017
One way that illegal, unreported, and unregulated (IUU) fish catch is laundered into the seafood market is through transshipments at-sea. This practice, which often occurs on the high seas (the areas of ocean beyond national jurisdiction), allows vessels fishing illegally to evade most monitoring and enforcement measures, offload their cargo, and resume fishing without returning to port. At the same time, transshipment at-sea can facilitate trafficking and exploitation of workers who are trapped and abused on fishing vessels. This study gives an overview of high seas transshipment as well as evaluates transshipment at-sea regulations across 17 Regional Fisheries Management Organizations (RFMOs), which are responsible for regulating fisheries on the high seas. Transshipment at-sea regulations have become increasingly strict in most RFMOs since the late 1990s. However, only five RFMOs have mandated a partial ban, and only a single RFMO, the South East Atlantic Fisheries Organization (SEAFO), has mandated a total ban on transshipment at-sea. A total ban on transshipment at-sea across all RFMOs would support the ability of oversight and enforcement agencies to detect and prevent IUU fishing and also likely reduce human trafficking and forced labor on the high seas.
Keywords: High seas | Human rights | IUU fishing | Organized crime | Overfishing | Slavery at sea
Fundamental rights regarding forensic databases: Review and analysis of Kuwaits law 78/2015
Fundamental rights regarding forensic databases: Review and analysis of Kuwaits law 78/2015-2017
The development of forensic genetics and the creation of DNA databases for human identification are highly useful tools in criminal investigations; however, the protection of fundamental rights must establish inalienable limits in the application of these advances. Law 78/2015 in Kuwait, passed recently, is the first in the world which includes the requirement that all citizens, residents and visitors must provide DNA samples to the authorities to be included in the police database in order to cooperate with the Ministry of Interior. This paper studies the characteristics of the DNA regions that are included in the databases and the fundamental rights that may be affected in the process, using Spanish Law as a reference framework. Finally, it analyses Kuwait’s DNA law and its implications.
KEYWORDS: Human identification | DNA database | Human rights | Kuwait law
El derecho humano a la educación superior en México
حقوق بشر در آموزش عالی در مکزیک-2017
This article seeks to resolve the debate over the existence or not of a human right to higher education, by appealing to the perspective of the International Law of Human Rights. The legislation provides the main arguments substantiating this right and establishes its minimum content, the details of which are discussed in this text. The article also links those arguments to recent decisions by the federal courts in Mexico, in order to show that the country’s judiciary, with its relevant resolutions, is effectively recognizing the human right to higher education.
Keywords: Human rights | Right to higher education | International law of human rights | Mexico
The social responsibility of international business: From ethics and the environment to CSR and sustainable development
مسئولیت اجتماعی کسب و کار بین المللی: از اخلاق و محیط به CSR و توسعه پایدار-2016
This article examines how the international business (IB) literature has addressed social responsibility issues in the past 50 years, highlighting key developments and implications from a historical perspective. Speciﬁc attention is paid to the Journal of World Business (JWB), which has covered the whole period and published relevant articles related to these issues, in comparison to the Journal of International Business Studies (JIBS), the other long-standing IB journal. The article outlines that they illustrate different conceptualizations of IB and social responsibility. The 50-year review shows three subthemes: the (green) environment; ethics, rights and responsibilities; poverty and (sustainable) development. These are discussed consecutively, including main contributions and promising areas to further the ﬁeld.© 2015 Elsevier Inc. All rights reserved.
Keywords: Sustainability | Human rights | Corporate social responsibility | Poverty | Multinationals | Stakeholders