Abstract: This paper examines essential issues relating to the rise and nature of violent extremism involving non-state actors and groups in the early 21st century. The global trends in terrorism and violent extremism are examined in relation to Western governments’ counter terror operations. The paper analyses the existing legal framework for fighting violent extremism and terrorism and highlights the inherent limitations of the current International Law of War in dealing with the growing challenges posed by terrorists and violent extremist groups. The paper discusses how terrorist groups use civilians, women and children as tools and weapon of war to fuel their campaign of terror and suggests ways in which the international community could deal with the challenge of fighting terrorist groups without putting civilians, women and children in harm way. The paper emphasises the need to uphold human rights values and respect for the law of war in our response to global terrorism. The paper poses the question as to whether the current legal framework for dealing with terrorist groups is sufficient without contravening the essential provisions and ethos of the International Law of War and Human Rights. While the paper explains how terrorist groups flagrantly disregard the rule of law and disrespect human rights in their campaign of terror, it also notes instances in which the current Western strategy in fighting terrorism may be viewed or considered as conflicting with human rights and international law.
Abstract: Legal theory has been referred to as the explanation of why things do or do not happen. It also describes situations and why they ensue. It provides a normative framework by which things are regulated and a foundation for the establishment of legal mechanisms/institutions that can bring about a desired change in a society. Furthermore, it offers recommendations in resolving practical problems and describes what the law is, what the law ought to be and defines the legal landscape generally. Some legal theories provide a universal standard, e.g. human rights, while others are capable of organizing and streamlining the collective use, and, by extension, bring order to society. Legal theory is used to explain how the world works and how it does not work. This paper will argue for the application of the principles of legal theory in the achievement of access to justice for female victims of sexual violence in refugee camps in Africa through the analysis of legal theories underpinning the access to justice for these women. It is a known fact that female refugees in camps in Africa often experience some form of sexual violation. The perpetrators of these incidents may never be apprehended, prosecuted, convicted or sentenced. Where prosecution does occur, the perpetrators are either acquitted as a result of poor investigation, inept prosecution, a lack of evidence, or the case may be dismissed owing to tardiness on the part of the prosecutor, which accounts for the culture of impunity in refugee camps. In other words, victims do not have access to the justice that could ameliorate the plight of the victims. There is, thus, a need for a legal framework that will facilitate access to justice for these victims. This paper will start with an introduction, and be followed by the definition of legal theory, its functions and its application in law. Secondly, it will provide a brief explanation of the problems faced by female refugees who are victims of sexual violence in refugee camps in Africa. Thirdly, it will embark on an analysis of theories which will be a help to an understanding of the precarious situation of female refugees, why they are violated, the need for access to justice for these victims, and the principles of legal theory in its usefulness in resolving access to justice for these victims.
Abstract: The following paper describes the activity of national
and international parliamentary assemblies of the European region
in protection and promotion of human rights. It may be said that
parliamentarians have a “double mandate” — as members of the
international assembly and of their respective national parliaments.
In other words, parliamentarization at both international and national
level provides a situation for parliamentarians, where they link
people, national governments and international organizations. The
paper is aimed towards demonstrating that the activity of the
main international parliamentary assemblies of the European region
have a real positive impact on the human rights situation in the
European region. In addition, the paper describes the assemblies
that include protection of human rights in their Agenda as one
of the main subjects: the EP, the PACE, the OSCE PA and the
IPA CIS. Co-operation activities such as joint election observation;
participation in inter-parliamentary associations, such as the IPU;
conclusion agreements allow assemblies to provide observation of
human right situation in the states that are not members of the
particular organization and as consequence make their impact broader.
Abstract: This article provides a conceptual framework of the freedom of media and its correlation with democracy. In a democracy, media should serve the publics’ right to know and reflect human rights violations and offer options for meaningful political choices and effective participation in civic affairs. On that point, the 2013 events at Gezi Park in Turkey are a good empirical example to be discussed. During the events, when self-censorship was broadly employed by mainstream Turkish media, social media filled the important role of providing information to the public. New technologies have made information into a fundamental tool for change and growth, and as a consequence, societies worldwide have merged into a single, interdependent, and autonomous organism. For this reason, violations of human rights can no longer be considered domestic issues, but rather global ones. Only global political action is an adequate response. Democracy depends on people shaping the society they live in, and in order to accomplish this, they need to express themselves. Freedom of expression is therefore necessary in order to understand diversity and differing perspectives, which in turn are necessary to resolve conflicts among people. Moreover, freedom of information is integral to freedom of expression. In this context, the international rules and laws regarding freedom of expression and freedom of information – indispensable for a free and independent media – are examined. These were put in place by international institutions such as the United Nations, UNESCO, the Council of Europe, and the European Union, which have aimed to build a free, democratic, and pluralist world committed to human rights and the rule of law. The methods of international human rights institutions depend on effective and frequent employment of mass media to relay human rights violations to the public. Therefore, in this study, the relationship between mass media and democracy, the process of how mass media forms public opinion, the problems of mass media, the neo-liberal theory of mass media, and the use of mass media by NGOs will be evaluated.
Abstract: While the need for equal access to civil, political as well as economic, social and cultural rights is clear under the international law, the adoption of the Convention on the Elimination of all forms of Discrimination against women in 1979 made this even clearer. Despite this positive progress, the abuse of refugee women's rights is one of the basic underlying root causes of their marginalisation and violence in their countries of asylum. This paper presents a critical review on the development of refugee women's rights at the international levels and national levels. It provides an array of scholarly literature on this issue and examines the measures taken by the international community to curb the problem of violence against women in their various provisions through the instruments set. It is cognizant of the fact that even if conflict affects both refugee women and men, the effects on women refugees are deep-reaching, due to the cultural strongholds they face. An important aspect of this paper is that it is conceptualised against the fact that refugee women face the problem of sexual and gender based first as refugees and second as women, yet, their rights are stumbled upon. Often times they have been rendered "worthless victims" who are only in need of humanitarian assistance than active participants committed to change their plight through their participation in political, economic and social participation in their societies. Scholars have taken notice of the fact that women's rights in refugee settings have been marginalized and call for a need to incorporate their perspectives in the planning and management of refugee settings in which they live. Underpinning this discussion is feminism theory which gives a clear understanding of the root cause of refugee women's problems. Finally, this paper suggests that these policies should be translated into action at local, national international and regional levels to ensure sustainable peace.
Abstract: Audio visual communication is a type of collective
expression. Due to inform the masses, give direction to opinions, and
establish public opinion, audio visual communication must be
subjected to special restrictions. This has been stipulated in both the
Constitution and the European Human Rights Agreement. This paper
aims to review freedom of expression and its restriction in audio
visual media. For this purpose, the authorization of the Radio and
Television Supreme Council to impose sanctions as an independent
administrative authority empowered to regulate the field of audio
visual communication has been reviewed with regard to freedom of
expression and its limits.
Abstract: Millions of girls are forcibly married during the
transitional period between puberty and adulthood. At a stage of
vulnerability cultural practices, religious rights and social standards
place her in a position where she is catapult into womanhood. An
advocate against forced child marriage could argue that child rights,
cultural rights, religious rights, right to marry, right to life, right to
health, right to education, right to be free from slavery, right to be
free from torture, right to consent to marriage are all violated by the
practice of child marriage. The author is this advocate and this paper
will present how some of these rights are violated and establish the
need for change.
Abstract: Latin America is probably the region with greater
social inequality, contrary to the amount of rights enshrined in their
constitutions. In the last decade of the twentieth century, the area
resulted in significant changes to democratization and constitutional
changes. Through low-key public policy, political leaders activated
participation in the culture of human rights. The struggle for social
rights in Latin America has been a constant regulation. His
consecration at the constitutional level has chained search
application. The constitutionalization and judicial protection of these
rights have been crucial in countries like Argentina, Venezuela, Peru
and Colombia. This paper presents an analytical view on the
constitutionalization of social rights in the Latin American context
and its justiciability.
Abstract: The main purpose of this paper is to determine the
applicability of the constitutional social rights in the so-called
horizontal relations, i.e. the relations between private entities.
Nowadays the constitutional rights are more and more often violated
by private entities and not only by the state. The private entities
interfere with the privacy of individuals, limit their freedom of
expression or disturb their peaceful gatherings. International
corporations subordinate individuals in a way which may limit their
constitutional rights. These new realities determine the new role of
the constitution in protecting human rights.
The paper will aim at answering two important questions. Firstly,
are the private entities obliged to respect the constitutional social
rights of other private entities and can they be liable for violation of
these rights? Secondly, how the constitutional social rights can
receive horizontal effect? Answers to these questions will have a
significant meaning for the popularisation of the practice of applying
the Constitution among the citizens as well as for the courts which
settle disputes between them.
Abstract: International and domestic environmental law has
evolved quite rapidly in the last few decades. At the international
level the Stockholm and Rio Declarations paved the way for a broad
based consensus of the international community on environmental
issues and principles. At the Domestic level also many states have
incorporated environmental protection in their constitutions and even
more states are doing the same at least in their domestic legislations.
In this process of evolution environmental law has unleashed a
number of novel principles such as; the participatory principle, the
polluter pays principle, the precautionary principle, the intergenerational
and intra-generational principles, the prevention
principle, the sustainable development principle and so on.
Abstract: Validity, integrity, and impacts of the IT systems of
the US federal courts have been studied as part of the Human Rights
Alert-NGO (HRA) submission for the 2015 Universal Periodic
Review (UPR) of human rights in the United States by the Human
Rights Council (HRC) of the United Nations (UN). The current
report includes overview of IT system analysis, data-mining and case
studies. System analysis and data-mining show: Development and
implementation with no lawful authority, servers of unverified
identity, invalidity in implementation of electronic signatures,
authentication instruments and procedures, authorities and
permissions; discrimination in access against the public and
unrepresented (pro se) parties and in favor of attorneys; widespread
publication of invalid judicial records and dockets, leading to their
false representation and false enforcement. A series of case studies
documents the impacts on individuals' human rights, on banking
regulation, and on international matters. Significance is discussed in
the context of various media and expert reports, which opine
unprecedented corruption of the US justice system today, and which
question, whether the US Constitution was in fact suspended. Similar
findings were previously reported in IT systems of the State of
California and the State of Israel, which were incorporated, subject to
professional HRC staff review, into the UN UPR reports (2010 and
2013). Solutions are proposed, based on the principles of publicity of
the law and the separation of power: Reliance on US IT and legal
experts under accountability to the legislative branch, enhancing
transparency, ongoing vigilance by human rights and internet
activists. IT experts should assume more prominent civic duties in the
safeguard of civil society in our era.
Abstract: Political blogs are one of the pivotal alternative communication channels for political news in Malaysia. Many have argued that the mushrooming of political blogs nurtures the effective realization of human rights in the country. The paper studies the ‘Malaysian political blog readers–human rights’ relationship by exploring these questions: Has traditional mainstream media become obsolete with the rise of political blogosphere? Why do blog readers visit political blogs? A survey was conducted and the findings revealed that traditional mainstream media is still a pertinent source for political news in the country. Apart from acquiring the latest political updates quickly and at anytime, blog readers compare the news published in political blogs with the ones reported in traditional mainstream media. This suggests that freedom of information is deemed as one of the prime motives for Malaysian blog readers clinging to political blogosphere.
Abstract: By the end of XX century in the structure of humanity some changes have been provoked: a new ethnos - Ethnos of Intellect is formed and is still being formed, beside the historical types of ethnoses: open ethnos, closed ethnos, wandering ethnos, dead ethnos, - and this event was caused by the technical progress, development of informational and transport communications, especially - by creation of Internet. The Ethnos of Intellect is something very close to the ÔÇ×Information Society“ described by J. Ellule and Y. Masuda that was regarded as the culture of XXI century, being an antithesis for technical and technicistical civilizations, but it-s necessary to indicate also the essential difference between these concepts: the Ethnos of Intellect is the antithesis of Socium. The existence of such an ethnos within human society that has already become an Information Society itself is extremely important in observing legally and informatically a new kind of reins in the hands of the political power, revealing every attempt to violate the human rights of simple citizens. A concrete example of some conjunction points of legal informatics and informatical law in a certain kind of ambiental studies of the project ''State Registre of Population'' in Russia is very eloquent.
Abstract: Assassination of politicians, school mass murders, purported suicides, aircraft crash, mass shootings by police, sinking of sea ferries, mysterious car accidents, mass fire deaths and horrificterror attacks are some of the cases that bring forth scientific and legal conflicts. Questions about truth, justice and human rights are raised by both victims and perpetrators/offenders as they seek to understand why and how it happened to them. This kind of questioning manifests itself in medical-criminological-legalpsychological and scientific realms. An agreement towards truthinvestigations for possible legal-political-psychological transitory issues such as prosecution, victim-offender mediation, healing, reconciliation, amnesty, reparation, restitution, and policy formulations is seen as one way of transforming these conflicts. Forensic scientists and pathologists in particular have formed professional groups where the complexities between legal truth and scientific truth are dramatized and elucidated within the anatomy of courtrooms. This paper focuses on how pathological truth and legal truth interact with each other in Kenya’s criminal justice system.
Abstract: With the resource exhaustion, bad affections of human
activities and the awakening of the human rights, the corporate social
responsibility became popular corporate strategy achieving
sustainable development of both corporation and society. The issue of
Guideline of Chinese Corporate Social Responsibility Report
promotes greatly corporation to take social responsibility. This paper
built the index system according to this guideline and takes the textile
industry as an example, uses the analytical hierarchy process to
identify the weightings of different responsibilities of corporation to
guide the corporate social responsibility performance assessment.
Abstract: Many states are now committed to implementing
international human rights standards domestically. In terms of
practical governance, how might effectiveness be measured? A facevalue
answer can be found in domestic laws and institutions relating
to human rights. However, this article provides two further tools to
help states assess their status on the spectrum of robust to fragile
human rights governance. The first recognises that each state has its
own 'human rights history' and the ideal end stage is robust human
rights governance, and the second is developing criteria to assess
robustness. Although a New Zealand case study is used to illustrate
these tools, the widespread adoption of human rights standards by
many states inevitably means that the issues are relevant to other
countries. This is even though there will always be varying degrees of
similarity-difference in constitutional background and developed or
emerging human rights systems.
Abstract: Cultural stories are political. They register cultural
phenomena and their relations with the world and society in term of
their existence, function, characteristics by using different context.
This paper will provide a new way of rethinking which will help us
to rethink the relationship between fiction and politics. It discusses
the theme of human rights and it shows the relevance between art and
politics by studying the civil society through a literary framework.
Reasons to establish a relationship between fiction and politics are
the relevant themes and universal issues among the two disciplines.
Both disciplines are sets of views and ideas formulated by the human
mind to explain political or cultural phenomenon. Other reasons are
the complexity and depth of the author-s vision, and the need to
explain the violations of human rights in a more active structure
which can relate to emotional and social existence.
Abstract: This study attempts to investigate the relationship
between internal CSR practices and organizational commitment
based on the social exchange theory (SET). Specifically, we examine
the impact of five dimensions of internal CSR practices on
organizational commitment: health and safety, human rights, training
and education, work life balance and workplace diversity. The
proposed model was tested on a sample of 336 frontline employees
within the banking sector in Jordan. Results showed that all internal
CSR dimensions are significantly and positively related to affective
and normative commitment. In addition, the findings of this study
indicate that all internal CSR dimensions did not have a significant
relationship with continuance commitment. Limitations of the study,
directions for future research, and implications of the findings are
discussed.
Abstract: This paper begins with formal defining of human rights and freedoms, and the basic document regarding the said subject is undoubtedly French Declaration of the Rights of Man and of the Citizen from 789. This paper furthermore parses legal sources relevant for the workers' rights in legal system of the Republic of Croatia, international contracts and the Labour Act, which is also a master bill regarding workers' rights The authors are also dealing with issues of Constitutional Court of the Republic of Croatia and its' position in judicial system of the Republic of Croatia, as well as with the specifics of Constitutional Complaint, and the crucial part of the paper is based on the research conducted with an aim to determine implementation of rights and liberties guaranteed by the articles 54. and 55. of the Constitution of the Republic of Croatia by means of Constitutional Complaint.