23 research outputs found

    Smokes and mirrors at the United Nations’ universal periodic review process

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    Purpose: In 2006, the United Nations’ Human Rights Council was tasked to establish a new human rights monitoring mechanism: the Universal Periodic Review Process. The purpose of this paper is to examine the nature of discussions held in the process, over the two cycles of review in relation to women’s rights to access health care services. Design and Methodology: This investigation is a documentary analysis of the reports of 193 United Nations’ state reports, over two cycles of review. Findings: The primary findings of this investigation reveal that despite an apparent consensus on the issue, a deeper analysis of the discussions suggest the dialogue between states is superficial in nature, with limited commitments made by states under review in furthering the protection of women’s right to access health care services in the domestic context. Practical Implications: Considering the optimism surrounding the UPR process, the findings reveal that the nature of discussions held on women’s rights to health care services is at best a missed opportunity to make a significant impact to initiate, and inform, changes to practices on the issue in the domestic context; and at worst, raises doubts as to whether the core aim of the process, to improve the protection and promotion of all human rights on the ground, is being fulfilled. Originality/Value: Deviating from the solely technocratic analysis of the review process in the existing literature, this investigation has considered the UPR process as a phenomenon of exploration in itself, and will provide a unique insight as to how this innovative monitoring mechanism operates in practice, with a particular focus on women’s right to access health care services

    What could a strengthened right to health bring to the post-2015 health development agenda?: interrogating the role of the minimum core concept in advancing essential global health needs

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    ‘Repeal the 8th’ in a Transnational Context: The Potential of SRHRs for Advancing Abortion Access in El Salvador

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    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 duty to make abortion law transparent: A Malawi case study

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    Despite adopting a progressive legal and policy framework informed by internationally recognized human rights norms and values, Malawi has not complied with the obligation to explain its abortion law in accordance with legal and human rights standards. In 1930, the colonial government adopted a Penal Code derived from English criminal law, containing provisions regulating access to abortion, but has not undertaken measures to explain when abortion is lawful. What constitutes legal abortion has never been clarified for health providers and potential clients. Consequently, eligible girls and women fail to access safe and legal abortion. The Malawi Law Commission, following its review of the colonial abortion law, has proposed liberal changes which, if implemented, would expand access to safe abortion. However, the immediate step the government ought to take is to clarify the current abortion law, and not to wait for a new law expected to materialize in the indeterminate future.Regional Team for Sexual and Reproductive Health and Rights, Embassy of Sweden, Lusaka, Zambiahttp://wileyonlinelibrary.com/journal/ijgo2019-12-01hj2019Private La

    Can the observance of human rights of individuals enhance their resilience to cope with natural disasters?

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    AbstractHuman rights are largely understood as rights of human beings arising from their very human nature and inherent dignity. It is generally accepted that members of society in a position of vulnerability are more likely to face serious human rights violations. The paper focuses on how do human rights address the most vulnerable in society, with the view of assessing if and how they can enhance the resilience of individuals also when confronted with natural disasters. As put by the International Federation of Red Cross and Red Crescent Societies: ‘a disaster occurs when a hazard impacts on vulnerable people’. The paper focuses on both governments and individuals. In relation to governments it discusses the notion of responsibility to protect from human rights violations. In relation to individuals, it looks at how to enhance their agency in society through the observance of human rights. It considers among other factors the access of individuals to relevant information, participation in decision-making and education. The conclusion is that human rights can enhance individuals’ resilience to face natural disasters, hence the article argues that human rights shall inform disaster-related programs and studies

    Addressing Human Rights Abuses against People Who Use Drugs: A Critical Role for Human Rights Treaty Bodies and Special Procedures

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