Search results for: African human rights

Authors: Gabriel Adegbite

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Corruption has become one of the most notoriously persistent and progressively worsening social problems afflicting most of the African states. It has permeated virtually all institutions and has become a way of life and principal method of accumulating wealth on the continent. While major cause of this pandemic has been traced to the post-colonial antecedents of many African leaders, some highlights during the colonial era have shown that activities during the period gave impetus for its entrenchment. There is also a growing study establishing an intersection between corruption and governance. However, any comprehensive analysis of factors responsible for the emergence and entrenchment of corruption in Africa must take a holistic view of the practice. It must examine the role played by colonialism and neo-colonialism in African countries. This study presents few elements and historical view of corruption in sub-Sahara Africa. It analyse the reason for corruption eruption in most of the African states while suggesting some anti-corruption strategy that may be peculiar to the continent. This study makes a contribution to the growing literature in the area of corruption and panacea in developing countries.

Keywords: Africa, fighting corruption, antidote, governance

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Authors: Celine Delacroix

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Analyses of global emission scenarios demonstrate that slowing population growth could lead to substantial emissions reductions and play an important role to avoid dangerous climate change. For this reason, the advancement of individual reproductive rights might represent a valid climate change mitigation and adaptation option. With this focus, we reflected on population ethics and the ethical dilemmas associated with environmental degradation and climate change. We conducted a mixed-methods qualitative data study consisting of an online survey followed by in-depth interviews with stakeholders of the reproductive health and rights and environmental sustainability movements to capture the ways in which the linkages between family planning, population growth, and environmental sustainability are perceived by these actors. We found that the multi-layered marginalization of this issue resulted in two processes, the polarization of opinions and its eschewal from the public fora through population reductionism. Our results indicate that stakeholders of the reproductive rights and environmental sustainability movements find that population size and family planning influence environmental sustainability and overwhelmingly find that the reproductive health and rights ideological framework should be integrated in a wider sustainability frame reflecting environmental considerations. This position, whilst majoritarily shared by all participants, was more likely to be adopted by stakeholders of the environmental sustainability sector than those from the reproductive health and rights sector. We conclude that these processes, taken in the context of a context of a climate emergency, threaten to weaken the reproductive health and rights movement.

Keywords: environmental sustainability, family planning, population growth, population ethics, reproductive rights

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Authors: Angel Mabudusha

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The impression created by the high volume of foreign nationals being deported by the South African Home Affairs and the police departments is that all undocumented foreign nationals insist on staying in South Africa and voluntary repatriation is open for every person. However, those foreign nationals whose request for deportation has been rejected are often not reported on especially their everyday survival as undocumented immigrant women and their encounter with the police on the street. As a result, this paper aims at exploring the everyday experiences of these women on the street and on why the number of undocumented immigrant women in this country will remain a challenge to the police department. The research was conducted in two cities in South Africa, namely: Johannesburg and Pretoria where the police, the undocumented immigrant women, the human rights lawyers and NGO officials were interviewed on this matter. Based on the idea that voluntary repatriation is open for every immigrant, this study has found that some women’ request for voluntary repatriation remain a dream that never came true. Furthermore, this article proposes more humanitarian ways of dealing with undocumented immigrant women.

Keywords: repatriation, refugee status, undocumented foreign nationals, humanitarian

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Authors: Haymanot Gebre-Amlak, Selamawit Gebre-Amlak

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Since its original declaration in the 18th century, Karl Marx and Friedrich Engels's Communist Manifesto has become one of the most influential political tracts. Socialism is a political path that leads towards communism by fostering a cooperative economy through the creation of cooperative enterprises, common ownership, state ownership, or shared equity. The ultimate objective of communism is to bring everyone working toward the same collective goal of a healthy, happy, and free society. The European establishment of 19-century colonial rule over the continent of Africa reinforced inflows of European investment and forced a profound change in the operation of labor and land markets. The colonial era and forced labor schemes in Africa lasted for several decades. When exiting from colonialism, these African countries were attracted to socialism’s ideology to bridge the social gap and freedom to their society. In this paper, we compare a pre and post socialist ideology and the impact in various African countries. We analyse the different aspects, which led to inconsistent outcomes. Our finding indicates that while they have some facets in common, each African country had a unique interpretation and influence from the socialist ideology.

Keywords: African politics, socialism in Africa, African history, Africa

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Authors: Doctor Akanle Florence Foluso

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Access to health care and people’s ability to having a responsible, satisfying and safe sexual life is clearly a defined human right of people with hearing impairment and others with disabilities this paper looks at disability and sexuality: a human right approach to sexual and reproductive health of the hearing impaired adolescents in developing countries. This paper investigates the extent to which the hearing impaired has a satisfying, safe sexual life and whether their human right in regards to information education is violated. The study population consists of all hearing impaired adolescents and young adults aged 10-24 years who are currently enrolled in the primary and secondary schools in Nigeria. A sample of 389 hearing impaired adolescents was selected, an adapted version of the illustrative questionnaire for interview – survey by Johncleland was used to collect the data. A correlation of 0.80 was obtained at p<0.05 level of significance. Teachers in the schools of the deaf who used sign language were used in the administration of the questionnaire. The data generated were analyzed using Frequency Counts, Percentages, Means and Standard Deviation to give a Summary on responses on access to information, education, voluntary testing and counselling and other reproductive services. This is to investigate if the sexual and reproductive right violated or protected. Findings show that a gap exists in the level of knowledge of SRH services, voluntary counselling because more than half the respondents are not aware of these services in their community. Access to information, education and health services are rights denied the hearing impaired. So their SRH rights are violated.

Keywords: sexual right diability, family planning, pregnancy, diability

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Authors: Goodness Thandi Ntuli

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As one of the sub-Saharan African countries, South Africa has a majority of women living at the receiving end of all ferocious atrocities, afflictions and social ills such as utter poverty, unemployment, morbidity, sexual exploitation and abuse, gender-based and domestic violence. The response to these social ills that permeate the South African context like wildfire requires postcolonial feminism as a lens which needs to directly address this particular context. In the empirical study that was conducted among the Zulu people about Zulu young women in the South African context, it was found that a postcolonial young woman has a lot of social challenges that militate against her. In her struggle to liberate herself, there are layers of oppression that she has to deal with before attaining emancipation of any kind. These layers of oppression emanate from postcolonial effects on cultural norms that come with patriarchal issues, racial issues as the woman of colour and socio-economic issues as the poverty-stricken marginalised woman. Such layers also render marginalized women voiceless on many occasions, and hence the kind of feminism that needs to be applied in this context has to give them a voice, worth and human dignity that they deserve. From the postcolonial feminist perspective, this paper examines the condition of women from the margins and seeks the ways in which the layers of oppression could be disengaged. In the process of the severed layers of oppression, these women can be uplifted to becoming the women of worth, restored to life-giving dignity from the inferiority complex of racial discrimination and liberation from all forms of patriarchy and its upshots that keep them bound by gender inequality. This requires, in particular, postcolonial feminism that would find profound ways of reaching into the deep-seated socialization and internalization of every kind of prejudice against women. It is the kind of feminism that questions the status core even among those who consider themselves feminists. With the ruination of all postcolonial layers of oppression, women in the margins could find real emancipation that they have always longed for through feminism that will take into consideration their context. This calls for the rethinking of feminism in different contexts because the conditions of the oppressed woman of the South cannot be the same as the conditions of the woman who considers herself oppressed in the North.

Keywords: exploration, feminism, postcolonial, margins, South African, women

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Authors: Jessica Leigh Thornton

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The South African Constitution outlines provisions for every detainee and sentenced prisoner in relation to the human rights recognized in the country since 1994; but currently, across the country, prisons have yet to meet many of these criteria. Consequently, their day-to-day lives are marked by extreme lack of privacy, high rates of infection, poor nutrition, and deleterious living conditions, which steadily erode prisoners’ mental and physical capacities rather than rehabilitating inmates so that they can effectively reintegrate into society. Even more so, policy reform, advocacy, security, and rehabilitation programs continue to be based on research and theories that were developed to explain the experiences of men, while female offenders are seen as the “special category” of inmates. Yet, the experiences of women and their pathways to incarceration are remarkably different from those of male offenders. Consequently, little is known about the profile, nature and contributing factors and experiences of female offenders which has impeded a comprehensive and integrated understanding of the subject of female criminality. The number of women globally in correctional centers has more than doubled over the past fifteen years (these increases vary from prison to prison and country to country). Yet, female offenders have largely been ignored in research even though the minority status of female offenders is a phenomenon that is not peculiar to South Africa as the number of women incarcerated has increased by 68% within the decade. Within South Africa, there have been minimal studies conducted on the gendered experience of offenders. While some studies have explored the pathways to female offending, gender-sensitive correctional programming for women that respond to their needs has been overlooked. This often leads to a neglect of the needs of female offenders, not only in terms of programs and services delivery to this minority group but also from a research perspective. In response, the aim of the proposed research is twofold: Firstly, the lived experiences and views of rehabilitation and reintegration of female offenders will be explored. Secondly, the various pathways into and out of recidivism amongst female offenders will be investigated regarding their inclusion in educational rehabilitation.

Keywords: female incarceration, educational rehabilitation, exclusion, experiences of female offenders

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Authors: Tismazammi Mustafa, Jaharudin Padli

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The frequency of terrorism is increasing throughout years that is resulting in loss of life, damaging people’s property, and destructing the environment. The incident of terrorism is not stationed in one particular country but has spread and scattered in other countries hence causing an increase in the number of terrorism cases. Thus, this paper aims to investigate the factors of human development upon the terrorism in East Asia and Pacific countries. This study used a panel ARDL model, in which it enables to capture the long run and the short run relationship among the variables of interest. Logit Model for Binary data is also used, in which to representing an attributes of dependent variables. This study focuses on several human development variables namely GDP per capita, population, human capital, land area, and technologies. The empirical finding revealed that the GDP per capita, population, human capital, land area, and technologies are positively and statistically significant in influencing the terrorism. Thus, the finding in this study will present as grounds to preserve human rights and develop public awareness and will offer guidelines to policy makers, emergency managers, first responders, public health workers, physicians, and other researchers.

Keywords: terrorism, East Asia and Pacific, human development, econometric analysis

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Authors: J. Dutton, L. Knight

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Achieving quality and respectful maternal health care is part of the global agenda to improve reproductive health and achieve universal reproductive rights. Barriers to quality of care in South African maternal health facilities exist at both systemic and individual levels. Addition to this, the normalization of gender violence within South Africa has a large impact on people seeking health care as well as those who provide care within health facilities. The hierarchical environment of South Africa’s public health system penalizes both patients and providers who battle to assume any assessable power. This paper explores how systemic and individual level barriers to quality of care affect the midwifery profession within South African maternal health services and create, at times, an environment of enmity rather than care. This paper analyzes and discusses the data collected from in-depth, semi-structured interviews with nurses and midwives at three maternal health facilities in South Africa. This study has taken a holistic approach to understand the realities of nurses and midwives in order to explore the ways in which experience informs their practice and treatment of pregnant women. Through collecting and analyzing narratives, linkages between nurses and midwives day-to-day and historical experiences and disrespectful care have been made. Findings from this study show that barriers to quality of care take form in complex and interrelated ways. The physical structure of the health facility, human resource shortages, and the current model of maternal health care, which often lacks a person-centered approach, is entangled within personal beliefs and attitudes of what it means to be a midwife to create an environment that is often not conducive to a positive birthing experience. This entanglement sits within a society of high rates of violence, inequality, and poverty. Having teased out the nuances of each of these barriers and the multiple ways they reinforce each other, the findings of this paper demonstrate that birth, and the work of a midwife, are situated in a mode of discipline and punishment within this context. For analytical purposes, this paper has broken down the individual barriers to quality care and discusses the current and historical significance before returning to the interrelated forms in which barriers to quality maternal health care manifest. In conclusion this paper questions the role of agency in the ability to subvert systemic barriers to quality care and ideas around shifting attitudes and beliefs of and about midwives. International and local policies and guidelines have a role to play in realizing such shifts, however, as this paper suggests, when policy does not speak to the local context there is the risk of it contributing to frustrations and impeding the path to quality and respectful maternal health care.

Keywords: disrespect and abuse in childbirth, midwifery, South African maternal health care, quality of care

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Authors: B. F. Espiritu

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This paper examines the resistance of the Lumad people, the indigenous peoples in Mindanao, Southern Philippines, and of environmental and human rights activists to the Philippine government's neoliberal policies and their call for justice and a new economic paradigm that will uphold peoples' rights and environmental protection in two alternative media online sites. The study contributes to the body of knowledge on indigenous resistance to neoliberal globalization and the quest for a new economic paradigm that upholds social justice for the marginalized in society, empathy and compassion for those who depend on the land for their survival, and environmental sustainability. The study analyzes the discourses in selected news articles from Davao Today and Kalikasan (translated to English as 'Nature') People's Network for the Environment’s statements and advocacy articles for the Lumad and the environment from 2018 to February 2020. The study reveals that the alternative media news articles and the advocacy articles contain statements that expose the oppression and violation of human rights of the Lumad people, farmers, government environmental workers, and environmental activists as shown in their killings, illegal arrest and detention, displacement of the indigenous peoples, destruction of their schools by the military and paramilitary groups, and environmental plunder and destruction with the government's permit for the entry and operation of extractive and agribusiness industries in the Lumad ancestral lands. Anchored on Christian Fuch's theory of alternative media as critical media and Bert Cammaerts' theorization of alternative media as counterhegemonic media that are part of civil society and form a third voice between state media and commercial media, the study reveals the counterhegemonic discourses of the news and advocacy articles that oppose the dominant economic system of neoliberalism which oppresses the people who depend on the land for their survival. Furthermore, the news and advocacy articles seek to advance social struggles that transform society towards the realization of cooperative potentials or a new economic paradigm that upholds economic democracy, where the local people, including the indigenous people, are economically empowered their environment and protected towards the realization of self-sustaining communities. The study highlights the call for justice, empathy, and compassion for both the people and the environment and the need for a new economic paradigm wherein indigenous peoples and local communities are empowered towards becoming self-sustaining communities in a sustainable environment.

Keywords: alternative media, environmental sustainability, human rights, indigenous resistance

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Authors: G. A. Kuanaliyeva, G. T. Aigarinova, G. K. Shulanbekova

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This article is devoted to judicial control in criminal legal proceedings of the Republic of Kazakhstan in the light of the new Concept of legal policy till 2020. In article the general characteristic and concept of judicial control, and also its signs and types are considered. Different views of scientists are analyzed. Foreign experiment on application of judicial control is given. The author states also the point sight on this problem and gives the definition to concept of judicial control. The code of criminal procedure of the Republic of Kazakhstan (RK Criminal Procedure Code) doesn't consolidate concept of judicial control. The author in article suggests making change and addition to the existing Code of criminal procedure of the Republic of Kazakhstan by definition of judicial control. The decree of the President of the Republic of Kazakhstan of August 24, 2009 No. 858 approved the Concept of legal policy of the Republic for the period from 2010 to 2020. The new Concept of legal policy of the Republic of Kazakhstan, defines prospects of development of national legal system of the country on the following decade. The concept of legal policy completely mentions also institute of judicial control. Since finding of the independence by Kazakhstan the set of laws, including the rights directed on providing, freedoms and a legitimate interest of citizens was accepted. Certainly, in any country, whatever democratic it was, there are problems to human rights. However, it is obvious that Kazakhstan strongly intends to guarantee all Republic of Kazakhstan proclaimed in the Constitution the rights and freedoms of the citizens. Our country seeks for creation of the constitutional state, tries to provide a guarantee from various arbitrariness in activity of competent government bodies, officials. In the concept of legal policy of the Republic of Kazakhstan it is specified: "...priority of development of the criminal procedure right there is a further consecutive realization of the fundamental principles of the criminal legal proceedings directed on protection of the rights and freedoms of the person". Judicial control just also is such guarantee.

Keywords: rights and freedoms of the person, concept, legal policy, court, judicial control

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Authors: Ekaterina Semenova

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The article explores the issue of website owners’ liability for the illicit content. Whilst various issues of secondary liability of internet access providers for the illicit content have been widely discussed in the law doctrine, the liability of website owners has attracted less attention. Meanwhile, the website blocking injunctions influence website owners’ rights most, since website owners have the interest to keep their website online, rather than internet access providers. The discussion of internet access providers’ liability overshadows the necessity to protect the website owners’ rights to due process and proportionality of blocking injunctions. The analysis of Russian website blocking regulation and case law showed that the protection of website owners’ rights depends on the kind of illicit content: some content induces automatic blocking injunctions without prior notice of website owners and any opportunity to appeal, while other content does not invoke automatic blocking and provides an opportunity for the website owner to avoid or appeal an injunction. Comparative analysis of website blocking regulations in European countries reveals different approaches to the proportionality of website blocking and website owner’s rights protection. Based on the findings of the study, we conclude that the global trend to impose website blocking injunctions on wide range of illicit content without due process of law interferes with the rights of website owners.

Keywords: illicit content, liability, Russia, website blocking

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Authors: Mbuzeni Mathenjwa

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Upon their independence, most African countries adopted constitutions that proclaim respect for the rule of law. The decision to constitutionalise the rule of law is basically informed by the countries’ experience during the colonial era which was characterised by discrimination on various grounds including race, gender and religion. Despite the promise to be bound by and adhere to the rule of law, disrespect for the rule of law has become a norm in the African continent. This is evident from the reported incidence of abuse of power, failure to perform obligations imposed by law and flagrant disregard of the law by the Executive including the heads of states in the continent. In some African countries including South Africa, the courts of law have been approached to rule on the legality of the decisions of the executives, taken contrary to the prescripts of the law. South African Courts have laid down a number of decisions wherein they found that the conduct of the executive contravenes the rule of law. Consequently decisions of the executive have been declared invalid by courts. In this regard courts have become a safety net in preserving the rule of law in. Accordingly, this paper discusses the role of the courts in preserving the rule of law in Africa. This it does by explaining the notion of judicial independence and the doctrine of the rule of law. The explanation on the notion of judicial independence is relevant because only an independent judiciary can effectively review and set aside the decision of the executive including the president of a country. Furthermore, a comparative overview of the enforcement of the rule of law in African countries is done. The methods used for this research is literature review, and study of legislation and case law in selected African countries relating to the independence of the judiciary and the rule of law. Finally, a conclusion is drawn on the role of the independent judiciary to preserve the rule of law in Africa.

Keywords: Africa, constitutions, independence, judiciary

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Authors: Claudia Huerta, Pepijn Doornenbal, Walaa Elsiddig

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Rising waves of nationalism around the world have led first-world migration receiving countries to exploit the ambiguity of international refugee law and establish asylum application processes that deter applications, allow for bureaucratic deniability, and violate human rights. This case study of Greek asylum application practices argues that the 'pre-application' asylum process in Greece violates the spirit of international law by making it incredibly difficult for potential asylum seekers to apply for asylum, in essence violating the human rights of thousands of asylum seekers. This study’s focus is on the Greek mainland’s asylum 'pre-application' process, which in 2016 began to require those wishing to apply for asylum to do so during extremely restricted hours via a basic Skype line. The average wait to simply begin the registration process to apply for asylum is 81 days, during which time applicants are forced to live illegally in Greece. This study’s methodology in analyzing the 'pre-application' process consists of hours of interviews with asylum seekers, NGOs, and the Asylum Service office on the ground in Athens, as well as an analysis of the Greek Asylum Service historical asylum registration statistics. This study presents three main findings: the delays associated with the Skype system in Greece are the result of system design, as proven by a statistical analysis of Greek asylum registrations, NGOs have been co-opted by the state to perform state functions during the process, and the government’s use of technology is both purposefully lazy and discriminatory. In conclusion, the study argues that such asylum practices are part of a pattern of first-world migration receiving countries policies’ which discourage asylum seekers from applying and fall short of the standards in international law.

Keywords: asylum, European Union, governance, Greece, irregular, migration, policy, refugee, Skype

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Authors: Mehdi Moradi Sarmeidani, Peyman Keyhani, Hasan Momtaz

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Chlamydophila psittaci is a avian pathogen that may cause respiratory disorders in humans. Conjunctival and cloacal swabs from 54 captive psittacine birds presented at veterinary clinics were collected to determine the prevalence of C. psittaci in domestic birds in Isfahan. Samples were collected during 2014 from a total of 10 different species of parrots, with African gray(33), Cockatiel lutino(3), Cockatiel gray(2), Cockatiel cinnamon(1), Pearl cockatiel(6), Timneh African grey(1), Ringneck parakeet(2), Melopsittacus undulatus(1), Alexander parakeet(2), Green Parakeet(3) being the most representative species sampled. C. psittaci was detected in 27 (50%) birds using molecular detection (PCR) method. The detection of this bacterium in captive psittacine birds shows that there is a potential risk for human whom has a direct contact and there is a possibility of infecting other birds.

Keywords: chlamydophila psittaci, psittacine birds, PCR, Isfahan

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Authors: Mehdi Ghaemi

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Within the current paper, there is an attempt to examine the legal system that overrules economic stability and legitimate expectations of foreign investment rights. Studies show that Meeting the legitimate expectations of foreign investment is one of the rights and privileges which obviously are to be benefited from by all types of foreign investments. The legitimate expectations of foreign investors are protected and structured strongly with the help of international investment laws. The body of international investment laws is faced with multiple challenges with respect to the legitimate expectations of foreign investments, including the Economic stability and the public interest of the host country, the attitude of the host country towards the legitimate rights and privileges of the foreign investment, the ways to meet and to control those expectations, and also the assessment of the regulations of the host country which would affect the investing bodies within different circumstances.

Keywords: foreign investment, legitimate expectations, regulating investments, international investment

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Authors: Chetna Khandelwal

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This research aims to study the contentions that Farm Animal Sanctuaries pose to human-animal relationships in modernity, which have developed as a result of globalisation of the meat industry and advancements in technology. The sociological history of human-animal relationships in farming is contextualised in order to set a foundation for the follow-up examination of challenges to existing human-(farm)animal relationships by Farm Animal Sanctuaries. The methodology was influenced by relativism, and the method involved three semi-structured small-group interviews, conducted at locations of sanctuaries. The sample was chosen through purposive sampling and varied by location and size of the sanctuary. Data collected were transcribed and qualitatively coded to generate themes. Findings revealed that sanctuary contentions to established human-animal relationships by factory farming could be divided into 4 broad categories – Revealing horrors of factory farming (involving uncovering power relations in agribusiness); transforming relationships with animals (including letting them emotionally heal in accordance with their individual personalities and treating them as partial-pets); educating the public regarding welfare conditions in factory farms as well as animal sentience through practical experience or positive imagery of farm animals, and addressing retaliation made by agribusiness in the form of technologies or discursive strategies. Hence, this research concludes that The human-animal relationship in current times has been characterised by – (ideological and physical) distance from farm animals, commodification due to increased chasing of profits over welfare and exploitation using technological advancements, creating unequal power dynamics that rid animals of any agency. Challenges to this relationship can be influenced by local populations around the sanctuary but not so dependent upon the size of it. This research can benefit from further academic exploration into farm animal sanctuaries and their role in feminist animal rights activism to enrich the ongoing fight against intensive farming.

Keywords: animal rights, factory farming, farm animal sanctuaries, human-animal relationships

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Authors: Erinda Bllaca Ndroqi

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The dilemma with which the monitoring professionals are facing in today’s reality is whether to accept that prisons all over the world constitute a place where not all rights are respected (ethical approach), or widen the scope of monitoring by prioritizing the special needs of people deprived of their liberties (human right approach), despite the context and the level of improved prison condition, staff profiling, more services oriented towards rehabilitation instead of punishment. Such dilemma becomes a concern if taking into consideration the fact that prisoners, due to their powerlessness and 'their lives at the hand of the state', are constantly under the threat of abuse of power and neglect, which in the Albanian case, has never been classified as torture. Scientific research in twenty-four (24) Albanian prisons shows that for some rights, prisoners belonging to 'vulnerable groups' such as mental illness, HIV positive status, sexual orientation, and terminal illness remain quite challenged and do not ensure that their basic rights are being met by the current criminal justice system (despite recommendations set forwards to prison authorities by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)). The research orients more discussion about policy and strategic recommendations that would need a thorough assessment of the impact of rehabilitation in special categories of prisoners, including recidivists.

Keywords: prisons, rehabilitation, torture, vulnerability

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Authors: Louise Reyntjens

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Where criminal law used to be the traditional response to cope with the terrorist threat, European governments are increasingly relying on administrative paths. The reliance on immigration law fits into this trend. Terrorism is seen as a civilization menace emanating from abroad. In this context, the expulsion of dangerous aliens, immigration law’s core task, is put forward as a key security tool. Governments all over Europe are focusing on removing dangerous individuals from their territory rather than bringing them to justice. This research reflects on the consequences for the expelled individuals’ fundamental rights. For this, the author selected four European countries for a comparative study: Belgium, France, the United Kingdom and Sweden. All these countries face similar social and security issues, igniting the recourse to immigration law as a counterterrorism tool. Yet, they adopt a very different approach on this: the United Kingdom positions itself on the repressive side of the spectrum. Sweden on the other hand, also 'securitized' its immigration policy after the recent terrorist hit in Stockholm, but remains on the tolerant side of the spectrum. Belgium and France are situated in between. This paper addresses the situation in Belgium. In 2017, the Belgian parliament introduced several legislative changes by which it considerably expanded and facilitated the possibility to expel unwanted aliens. First, the expulsion measure was subjected to new and questionably definitions: a serious attack on the nation’s safety used to be required to expel certain categories of aliens. Presently, mere suspicions suffice to fulfil the new definition of a 'serious threat to national security'. A definition which fails to respond to the principle of legality; the law, nor the prepatory works clarify what is meant by 'a threat to national security'. This creates the risk of submitting this concept’s interpretation almost entirely to the discretion of the immigration authorities. Secondly, in name of intervening more quickly and efficiently, the automatic suspensive appeal for expulsions was abolished. The European Court of Human Rights nonetheless requires such an automatic suspensive appeal under Article 13 and 3 of the Convention. Whether this procedural reform will stand to endure, is thus questionable. This contribution also raises questions regarding expulsion’s efficacy as a key security tool. In a globalized and mobilized world, particularly in a European Union with no internal boundaries, questions can be raised about the usefulness of this measure. Even more so, by simply expelling a dangerous individual, States avoid their responsibility and shift the risk to another State. Criminal law might in these instances be more capable of providing a conclusive and long term response. This contribution explores the human rights consequences of expulsion as a security tool in Belgium. It also offers a critical view on its efficacy for protecting national security.

Keywords: Belgium, counter-terrorism and human rights, expulsion, immigration law

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Authors: Ana M. Prieto del Pino

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As is well known, UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988) was a landmark regarding the seizure of proceeds of crime. Depriving criminals of the profits from their activity became a priority at an international level in the fight against organised crime. Enabling confiscation of proceeds of illicit traffic in narcotic drugs and psychotropic substances, criminalising money laundering and confiscating the proceeds thereof are the three measures taken in order to achieve that purpose. The beginning of 21st century brought the declaration of war on corruption and on the illicit enjoyment of the profits thereof onto the international scene. According to the UN Convention against Transnational Organised Crime (2000), States Parties should adopt the necessary measures to enable the confiscation of proceeds of crime derived from offences (or property of equivalent value) and property, equipment and other instrumentalities used in offences covered by that Convention. The UN Convention against Corruption (2003) states asset recovery explicitly as a fundamental principle and sets forth measures aiming at the direct recovery of property through international cooperation in confiscation. Furthermore, European legislation has made many significant strides forward in less than twenty years concerning money laundering, confiscation, and asset recovery. Crime does not pay, let there be no doubt about it. Nevertheless, we must be very careful not to sing out of tune with individual rights and legal guarantees. On the one hand, innocent individuals and businesses must be protected, since they should not pay for the guilty ones’ faults. On the other hand, the rule of law must be preserved and not be tossed aside regarding those who have carried out criminal activities. An in-depth analysis of judicial decisions on money laundering and confiscation of proceeds of crime issued by European national courts and by the European Court of Human Rights in the last decade has been carried out from a human rights, legal guarantees and criminal law basic principles’ perspective. The undertaken study has revealed the violation of the right to property, of the proportionality principle legal and the infringement of basic principles of states’ domestic substantive and procedural criminal law systems. The most relevant ones have to do with the punishment of money laundering committed through negligence, non-conviction based confiscation and a too-far reaching interpretation of the notion of ‘proceeds of crime’. Almost everything in life has a bright and a dark side. Confiscation of criminal proceeds and asset recovery are not an exception to this rule.

Keywords: confiscation, human rights, money laundering, organized crime

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Authors: Muhammad Adil

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Women in different parts of the world confront several barriers to accomplishing their legal rights, particularly political rights. One of the common barriers in this respect is the indigenous culture of the locality. In the same way, women in Khyber Pakhtunkhwa are facing difficulties in accomplishing their political rights. The most significant obstacle in this context is Pakhtunwali, the traditional code of conduct in Pakhtun society, which is perceived as a substantial impediment for Pakhtun women in practicing their political rights as guaranteed by the Constitution of Pakistan and international legal instruments. Several codes of Pakhtunwali, like peghor (slander or abuse), tor (blame or disgraced), sharam (shame and dishonor), purdah (gender segregation), and ghayrat (honor) have a prominent role in this regard. The research approach employed a combination of both qualitative and quantitative methods to ensure a thorough exploration of the subject. Not only different documents have been analyzed but also a questionnaire has been developed to get accurate findings. Simultaneously, both primary and secondary data have been utilized. The finding shows that the Pakhtun culture is a formidable hurdle in accomplishing women’s political rights in Pakhtun society, particularly in rural areas. Observation reveals that a prevailing societal perception is that having women as their representatives would be viewed as a challenge to the honor of Pakhtun men. Consequently, women candidates who participated in the general elections in Khyber Pakhtunkhwa received only 1 percent or less than 1 percent of the votes compared to their male counterparts. It is recommended that certain codes of Pakhtunwali should be redefined and made compatible with international legal instruments.

Keywords: constitution, fundamental rights, honor, pakhtunwali.

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Authors: Parvez Sattar

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There are around 150,000 female sex workers in Bangladesh, and the country hosts one of the largest brothels in the world. There are 20 brothel-villages in the country, of which 14 are recognized to be ‘official’, and at least 11 are currently operational. Although the national Constitution adopts a preventive policy against prostitution, law does not, as such, prohibit commercial sex work by an adult woman working in a brothel having made an affidavit in this regard. But, at the same time, the law renders at least some forms of floating and hotel based sex work illegal, while sex between males has been termed as sodomy and made culpable offence even on its own. All forms of sex works by MSM and Hijra are thus branded as criminal acts. Observations and findings drawn in this article are based on both primary and secondary sources collecting data from a series of field-based empirical studies conducted by the author through questionnaire survey, FGDs, key informant consultations and other PRA/PLA tools. General and specific conclusions have been based on analysis guided by international standards of human and labour rights approaches. It has been noted that neither the community attitudes nor the cultural mind-sets, or the State's institutional set up is supportive of the causes of sex workers engaged in the most exploitative forms of labour. Lack of respect for fundamental rights continues to diminish any chances of sex workers' reintegration to the mainstream of the society, perpetuates poverty, and increases their vulnerability to HIV/AIDS. To aggravate the scenario, the endemic practice of a complex debt-bondage masked by the so-called 'entry-cost' and ‘legal license’ to the industry is considered to be a somewhat accepted 'open secret' and that the police and administration keep their eyes off from such practices treating these as 'their internal affairs'. Often these practices are used by the Sardarni/Khala (landlady) and other 'managing' actors as the tool for further exploitation of the sex workers as well as a 'control strategy'. The paper concludes with the observation that the tabooed truths of commercial sex and sex workers are inherently embedded in the very factors that compel them into this endemically ostracised profession itself. While denial of both recognition and enjoyment of the fundamental human rights of sex workers is widespread, it is the same cycle of social vulnerability and economic exclusion that often confines these people within a continuous process of servitude and modern day slavery.

Keywords: commercial sex work and human rights, Labor protection in sex industry, Prostitution Law in Bangladesh, Sex work as modern day slavery

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Authors: Poopak Dehshahri

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The applicability of intellectual property rights in the sports industry from the present paper’s perspective includes athletic skills, which are comprised of two parts: athletic movements and athletic methods. Also, the applicability pertaining to the athletes᾽ personality, such as the Name, the Image, the Voice, the Signature and their Shirt Number, are deemed as related to the sports natural persons. Radio and TV broadcasting rights of the sports events, the signs and symbols of the athletic institutions including the sign and symbol, trademark (brand name), the name and the place of residence of the sports clubs, the Sports events and the special sports, special slogan of the sports clubs or sports competitions and the sports clothing design are Included under the athletic institutions᾽ applicability of intellectual property rights.

Keywords: sport industry, intellectual property, sport skills, right to fame, radio and television broadcasting right, sport sign

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Authors: Mesfin Nigussie Ibido

Abstract:

The study is designed to explore the effects of land certification in securing women’s land rights of two rural villages in Robe district at Arsi Zone of Oromia regional state. The land is very critical assets for human life survival and the backbone for rural women livelihood. Equal access and control power to the land have given a chance for rural women to participate in different economic activities and improve their bargaining ability for decision making on their rights. Unfortunately, women were discriminated and marginalized from access and control of land for centuries through customary practices. However, in many countries, legal reform is used as a powerful tool for eliminating discriminatory provisions in property rights. Among other equity and efficiency concerns, the land certification program in Ethiopia attempts to address gender bias concerns of the current land-tenure system. The existed rural land policy was recognizing a women land rights and benefited by strengthened wives awareness of their land rights and contribute to the strong involvement of wives in decision making. However, harmful practices and policy implementation problems still against women do not fully exercise a provision of land rights in a different area of the country. Thus, this study is carried out to examine the effect of land certification in securing women’s land rights by eliminating the discriminatory nature of cultural abuses of study areas. Probability and non-probability sampling types were used, and the sample size was determined by using the sampling distribution of the proportion method. Systematic random sampling method was applied by taking the nth element of the sample frame. Both quantitative and qualitative research methods were applied, and survey respondents of 192 households were conducted and administering questionnaires in the quantitative method. The qualitative method was applied by interviews with focus group discussions with rural women, case stories, Village, and relevant district offices. Triangulation method was applied in data collection, data presentation and in the analysis of findings. Study finding revealed that the existence of land certification is affected by rural women positively by advancing their land rights, but still, some women are challenged by unsolved problems in the study areas. The study forwards recommendation on the existed problems or gaps to ensure women’s equal access to and control over land in the study areas.

Keywords: decision making, effects, land certification, land right, tenure security

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Authors: Jiarong Zhang

Abstract:

Digitizing intangible cultural heritage is a complex and comprehensive process from which sorts of intellectual property rights may be generated. Digitizing may be a repacking process of cultural heritage, which creates copyrights; recording folk songs and indigenous performances can create 'related rights'. At the same time, digitizing intangible cultural heritage may infringe the intellectual property rights of others unintentionally. Recording religious rituals of indigenous communities without authorization can violate the moral right of the ceremony participants of the community; making digital copies of rock paintings may infringe the right of reproduction. In addition, several parties are involved in the digitization process: indigenous peoples, museums, and archives can be holders of cultural heritage; companies and research institutions can be technology providers; internet platforms can be promoters and sellers; the public and groups above can be beneficiaries. When diverse intellectual property rights versus various parties, problems and disputes can arise easily. What are the types of intellectual property rights generated in the digitization process? What is the essence of these rights? Who should these rights belong to? How to use intellectual property to protect the digitalization of cultural heritage? How to avoid infringing on the intellectual property rights of others? While the digitization has been regarded as an effective approach to preserve intangible cultural heritage, related intellectual property issues have not received the attention and full discussion. Thus, parties involving in the digitization process may face intellectual property infringement lawsuits. The article will explore those problems from the intersection perspective of intellectual property law and cultural heritage. From a comparative approach, the paper will analysis related legal documents and cases, and shed some lights of those questions listed. The findings show, although there are no intellectual property laws targeting the cultural heritage in most countries, the involved stakeholders can seek protection from existing intellectual property rights following the suggestions of the article. The research will contribute to the digitization of intangible cultural heritage from a legal and policy aspect.

Keywords: copyright, digitization, intangible cultural heritage, intellectual property, Internet platforms

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Authors: Isaac Kfir

Abstract:

In thinking about the role of the law and its impact on socially constructed norms and identities, scholars have come to explore a multitude of issues to do with equality, empowerment, and views. The aim of this contribution is threefold. Firstly, offer a descriptive framework of feminist legal studies (FLS) through a review of the evolution of the field in the context of equality, rights, and justice. Secondly, encourage those working on equality, rights, and justice in respect to ‘women’s issues’ to engage in international comparative legal studies. Third, to highlight that those seeking solutions to disempowerment and discrimination must recognize that they need to contend with claims that one is seeking to undermine cultural norms. Therefore, one effective way for feminists to address this situation is by relying more on the international legal mechanism, which reflects basic legal tenets as to the universality of equality, rights, and justice, that can then help shape the domestic setting.

Keywords: international comparative law, feminist legal studies, equality, rights, justice

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Authors: Susana Almeida

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The right to adequate food is a human right protected under several international human rights treaties of universal or regional application. In addition, this social right is – as we intend to demonstrate – guaranteed under the Portuguese Constitution. Therefore, in order to assure the protection of this right, the Portuguese State must not only abstain from interfering with this human right (negative obligation) but also take action to secure the human right to adequate food (positive obligation). In this context, the Portuguese State has developed several governmental policies, such as taxing sugary drinks, setting the maximum amount of salt in the bread or creating the National Program for the Promotion of Healthy Food. Nevertheless, we intend to demonstrate that special attention should be given to advertising, as advertisements have an extreme influence on the consumers' decisions and hence on the food decisions. In this paper, besides explaining the cross construction of the human right to adequate food, we aim to examine the Advertising Portuguese Code and to study the several provisions that could be held by the Portuguese consumer to challenge some advertisements due to the violation of the right to health and the right to adequate food. Moreover, having in mind the influence of advertising on the food decisions and the serious problems that unhealthy food may bring (e.g., child obesity), one should ask if this legal framework should not be reviewed in order to lay out some restrictions on advertising, namely setting advices like in alcohol advertisements.

Keywords: advertising code, consumer law, right to adequate food, social human right

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Authors: Christiena Van Der Bank, Marjone Van Der Bank, Ronelle Prinsloo

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The constitutional right to a healthy environment and the constitutional duty imposed on the state actively to protect the environment fulfill the specific duties to prevent pollution and ecological degradation and to promote conservation. The aim of this paper is to draw attention to the relationship between child rights and the environment. The focus is to analyse government’s responses as mandated with section 24 of the Bill of Rights for ensuring the right to a clean and healthy environment. The principle of sustainability of the environment encompasses the notion of equity and the harm to the environment affects the present as well as future generations. Section 24 obliges the state to ensure that the legacy of future generations is protected, an obligation that has been said to be part of the common law. The environment is an elusive and wide concept that can mean different things to different people depending on the context in which it is used for example clean drinking water or safe food. An extensive interpretation of the term environment would include almost everything that may positively or negatively influence the quality of human life. The analysis will include assessing policy measures, legislation, budgetary measures and other measures taken by the government in order to progressively meet its constitutional obligation. The opportunity of the child to grow up in a healthy and safe environment is extremely unjustly distributed. Without a realignment of political, legal and economic conditions this situation will not fundamentally change. South Africa as a developing country that needs to meet the demand of social transformation and economic growth whilst at the same time expediting its ability to compete in global markets, the country will inevitably embark on developmental programmes as a measure for sustainable development. The courts would have to inquire into the reasonableness of those measures. Environmental threats to children’s rights must be identified, taking into account children’s specific needs and vulnerabilities, their dependence and marginalisation. Obligations of states and violations of rights must be made more visible to the general public.

Keywords: environment, children rights, pollution, healthy, violation

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Authors: Tugce Duygu Koksal

Abstract:

In recent years, given the fact that the acts of terrorism and the threat of the latter are taking place without any border and distinction, it has led the states to deal with the terrorism as a priority issue. More recently, as seen in different countries during state of emergency, the adoption of anti-terrorism measures motivated by the sole need of the prevention of terrorism targets directly the fundamental rights of individuals. Therefore, a contribution to the understanding of the value of the principle of legality is becoming more and more important nowadays. This paper aims to reflect the probable effects of the adoption of anti-terrorism measures regardless of the principle of legality, on the fundamental rights. In this respect, this paper will first discuss the margin of appreciation of the national authorities by countering terrorism, and then, the importance of the respect of the legality of the anti-terrorism measures will be examined in the light of actual examples. Indeed, one of the major findings of this study is the fact that the anti-terrorism laws and measures were taken in this framework must be subject to close scrutiny in democracies, which adopted the principle of the rule of law and respect human rights. Although the state's margin of appreciation in the field of counter-terrorism is broad, these measures which are based on the legitimate aim of a democracies’ legitimate right to protect itself against the activities of terrorist organizations should have the legal basis and be strictly required by the exigencies of the fight against terrorism. While combating terrorism, the legal basis shall only be achieved if the legal consequences of an individuals’ actions related to terrorism shall be clear and foreseeable by the individuals of a society. On the other hand, particularly during the state of emergency, the ambiguity of the law might be used to include a wide range of actions under acts of terrorism. This is becoming more dangerous where freedom of expression, freedom of the press, freedom of association and the right to information is in the substance of these actions. Disregarding the principle of legality is susceptible to create a chilling effect on the exercise of human rights, and therefore, the fight against terrorism can be transformed into a repressive regime on opponents. As a result, the efforts to counter terrorism of the national authorities irrespective of the principle of legality are susceptible to cause a transformation of the rule of law to a state of law which cannot be appreciated in a democratic society.

Keywords: anti-terrorism measures, chilling effect, predictability, the principle of legality, state of emergency

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Authors: Muthukuda Arachchige Dona Shiroma Jeeva Shirajanie Niriella

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The necessity of protection of the rights of victims of crime is a matter of concerns today. In the criminal justice system, child victims who are subjected to sexual abuse/violence are more vulnerable than the other crime victims. When they go to the police to lodge the complaint and until the end of the court proceedings, these victims are re-victimized in the criminal justice system. The rights of the suspects, accused and convicts are recognized and guaranteed by the constitution under fair trial norm, contemporary penal laws where crime is viewed as an offence against the State and existing criminal justice system in many jurisdictions including Sri Lanka. In this backdrop, a reasonable question arises as to whether the existing criminal justice system, especially which follow the adversarial mode of judicial trial protect the fair trial norm in the criminal justice process. Therefore, this paper intends to discuss the rights of the sexually abused child victims in the criminal justice system in order to restore imbalance between the rights of the wrongdoer and victim and suggest legal reforms to strengthen their rights in the criminal justice system which is essential to end secondary victimization. The paper considers Sri Lanka as a sample to discuss this issue. The paper looks at how the child victims are marginalized in the traditional adversarial model of the justice process, whether the contemporary penal laws adequately protect the right of these victims and whether the current laws set out the provisions to provide sufficient assistance and protection to them. The study further deals with the important principles adopted in international human rights law relating to the protection of the rights of the child victims in sexual offences cases. In this research paper, rights of the child victims in the investigation, trial and post-trial stages in the criminal justice process will be assessed. This research contains an extensive scrutiny of relevant international standards and local statutory provisions. Case law, books, journal articles, government publications such as commissions’ reports under this topic are rigorously reviewed as secondary resources. Further, randomly selected 25 child victims of sexual offences from the decided cases in last two years, police officers from 5 police divisions where the highest numbers of sexual offences were reported in last two years and the judicial officers both Magistrates and High Court Judges from the same judicial zones are interviewed. These data will be analyzed in order to find out the reasons for this specific sexual victimization, needs of these victims in various stages of the criminal justice system, relationship between victimization and offending and the difficulties and problems that these victims come across in criminal justice system. The author argues that the child victims are considerably neglected and their rights are not adequately protected in the adversarial model of the criminal justice process.

Keywords: child victims of sexual violence, criminal justice system, international standards, rights of child victims, Sri Lanka

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