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
Extraterritorial Jurisdiction on Celestial Bodies
صلاحیت برون مرزی در مورد اجسام آسمانی-2019
Space exploration is a trailblazing project endowed with multiple uses by multiple users. The human settlement project on celestial bodies, such as the Moon Village, will give rise to complex activities. To regulate these activities, it is necessary to extend earthly countries jurisdiction into outer space. This article examines existing rules on extraterritorial jurisdiction and identified possible problems thereof. This article offers solutions by making reference to the jurisprudences from human rights law. For the jurisdictional quasi-territorial jurisdiction and personal jurisdiction, this article offers new criteria in establishing them.
Keywords: Jurisdiction | Quasi-territory | Ratione personae
The relationship between LGBT inclusion and economic development: Macro-level evidence
رابطه بین گنجاندن همجنسگرایان و توسعه اقتصادی: شواهد کلان-2019
This study analyzes the relationship between social inclusion of lesbian, gay, bisexual, and transgender (LGBT) people and economic development. It uses legal and economic data for 132 countries from 1966 to 2011. Previous studies and reports provide substantial evidence that LGBT people are limited in their human rights in ways that also create economic harms, such as lost labor time, lost productivity, underinvestment in human capital, and the inefficient allocation of human resources. This analysis uses a fixed effects regression approach and a newly-created dataset – Global Index on Legal Recognition of Homosexual Orientation (GILRHO) – to assess how these detriments are related to the macroeconomy. Our study finds that an additional point on the 8-point GILRHO scale of legal rights for LGB persons is associated with an increase in real GDP per capita of approximately $2000. A series of robustness checks confirm that this index continues to have a positive and statistically significant association with real GDP per capita after controlling for gender equality. In combination with the qualitative evidence from previous studies and reports, our quantitative results suggest that LGBT inclusion and economic development are mutually reinforcing. Also, a back-of-the-envelope estimate suggests that about 6% to 22% of the finding could reflect the costs to GDP of health and labor market stigmatization of LGB people. Results from this study can help to better understand how the fuller enjoyment of human rights by LGBT people can contribute to a country’s economic developme
Keywords: LGBT inclusion | Legal rights | Discrimination | Economic development | Global | Homosexual orientation
Human trafficking as a fisheries crime? An application of the concept to the New Zealand context
قاچاق انسان به عنوان یک جرم ماهیگیری؟ کاربرد مفهوم در زمینه نیوزلند-2019
Beginning in 2011, Indonesian fishermen from several South Korean foreign charter vessels (FCVs) operating in New Zealands waters walked off their vessels citing labour and human rights abuses, as well as illegal fishing practices. This article argues that the level of these abuses meets the criteria for human trafficking for forced labour under domestic and international law. The article further argues that the human trafficking and illegal fishing practices that occurred on board many of these vessels are intrinsically linked. This connection forms a nexus between the criminal offence of human trafficking for forced labour, and the wider category of unlawful practices termed ‘fisheries crime’. Fisheries crime is an emerging paradigm for conceptualising the range of illegal activities taking place at sea, including illegal fishing activities, document fraud and human trafficking.
Keywords: Human trafficking | New Zealand | Foreign charter vessels | Illegal fishing | Fisheries crime
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
Accepting the political face of international criminal justice
پذیرش چهره سیاسی عدالت کیفری بین المللی-2019
The emergence of international criminal justice in general and of the modern international criminal courts in particular (the International Tribunal for the former Yugoslavia — ICTY, for Rwanda — ICTR and the permanent International Criminal Court — ICC) has been a matter of mixed reception by the academic and policy communities. After years of initial enthusiasm in the academic world and among international human rights campaigners about the creation and functioning of international criminal tribunals, the atmosphere has transformed into one of disappointment, blunt criticism and often open rejection. Over the past decade it has been difficult to find academic articles and books which are affirmative about the tribunals’ trial record, about the fairness of their proceedings, or their contribution to the fight against impunity. Instead, a vast and devastating literature appears to have emerged, which can be divided into four different, critical strands.
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