51 research outputs found
Mitigating humanitarian crises during non-international armed conflicts:the role of human rights and ceasefire agreements
Situations of humanitarian crisis are often caused by armed conflicts. Given the prevalence of non-international armed conflicts today, ways of ameliorating these situations are at the forefront of concerns. The international humanitarian law rules governing non-international armed conflict remain much less developed than those for international armed conflicts. This is exacerbated by the lack of direct human rights obligations for non-state armed groups, which makes governing the behaviour of non-state parties to non-international armed conflicts (non-state armed groups) even more challenging. Although several initiatives have been taken to encourage non-state actors to mitigate situations of humanitarian crisis, the role of human rights law is in need of further clarification. The paper aims to assess what role human rights may have in improving humanitarian crises, suggesting one specific way: The paper will first discuss the international laws applicable to situations of non-international armed conflict, before critically analysing some of the initiatives that have already been taken to govern the behaviour of non-state armed groups. Part 3 will assess the possibility of using cease-fire agreements to impose specific human rights obligations on all parties to a non-international armed conflict. Finally, a conclusion will be drawn in Part 4 as to the role that human rights and ceasefire agreements could have during humanitarian crises
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Regulating disasters? The role of international law in disaster prevention and management
Purpose – This article explores the role of international law in disaster prevention and management, with a particular focus on the emerging field of international disaster law, and its relationship with international human rights law. It further introduces the four articles of the special column of this journal issue, dedicated to disasters and international law.
Design/methodology/approach – The analysis is based upon primary sources of legislation and policy, as well as academic literature on disasters and international law.
Findings – Although the field of international disaster law is at its infancy, we argue that this emergent area does have the potential to gain widespread recognition as a distinct field of law, and that this could be of benefit for the wider disaster management community.
Originality/value – The article introduces key legal features and themes relating to international law and disasters, highlighting their relevance for disaster management. The added value is to widen the discussion on aspects of disasters regulated by international law, thus facilitating the future exchange with other academic subjects and operational fields.
Keywords – disasters; international law; disaster management; treaties; human rights; international disaster law; international human rights law.
Paper type – Research pape
‘Repeal the 8th’ in a Transnational Context: The Potential of SRHRs for Advancing Abortion Access in El Salvador
This article undertakes a discursive feminist reading of citizenship and human rights to understand, through the cases of Ireland and El Salvador, domestic abortion rights movements as part of a transnational women’s rights movement. While abortion has been partially decriminalised in Ireland, approximately 42 per cent of the world’s women1 of reproductive age still live in a country where abortion is prohibited entirely or only permitted to save a woman’s life or health (Singh et al., 2018, p. 4). In El Salvador, abortion is illegal and those suspected of having the procedure are prosecuted. As in Ireland, since 2012/2013 numerous controversies have brought the issue to wider public attention and have further galvanised the feminist movement to campaign for reform. Feminist abortion rights campaigns in both countries have connected important sites of activism and contestation: civil society, national parliaments, regional human rights systems and the United Nations
The Haitian Centre for Human Rights et al. v. United States, Case 10.675
According to information provided to the petitioners\u27 counsel in a telephone conversation with an Immigration and Naturalization Service (INS) Press Officer on February 5th, 1992, the INS estimated that since November of 1991, 15,081 Haitians had been interdicted. Historically only 1.8% of those Haitians permitted to present asylum claims, would actually be given asylum. See Refugee Reports, Vol. XII, No. 12, Dec. 30, 1991 at 12.) Given the ongoing violence in Haiti, the inability of the interdiction program to fairly identify those with legitimate claims of asylum, and the inability of the United States Government to meaningfully ensure that the Haitians returned would not be harmed, the Haitian Interdiction Program represented a serious violation of several provisions of international law. (Articles allegedly violated are listed in part II of this report.
Five-Year Strategy for the Caribbean 2023-2027
The ultimate goal of the Inter-American Commission on Human Rights’ (IACHR) Strategic Plan 2023-2027 is to achieve greater enjoyment of all human rights by all in the Hemisphere. The Commission prioritizes the Caribbean under Program 17 of its Strategic Plan, the major goal of which is to promote greater understanding and engagement with the IACHR. This goal has external and internal dimensions that correspond to the three pillars or intermediate outcomes of IACHR’s Strategic Plan. The Caribbean Strategy is developed around these three pillars of IACHR’s Plan
The Rapes in Haiti: Psychological and Sociological Aspects of Sexual Crimes
This article reveals the psychological and sociological suffering of Haitians due to sexual crimes. It argues that the rape cases in Haiti have been rampant and even caused trauma to the victims. Haiti has stingy social, economic, and cultural barriers that hinder the culture of whistleblowing, as depicted in this source. As a result, people can be exploited sexually but can hardly speak out against the crime
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