Browsing by Title

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    The 17 October 2019 protests in Lebanon: Perceptions of Lebanese and non-Lebanese residents of Tripoli and surroundings
    (Global Campus of Human Rights, 2020) Dahrouge, Elias ; Nammour, Jihad ; Lotf, Ahmed Samy ; Abualroos, Karim ; Ait Youssef, Iasmin ; Al-Burbar, Eman ; Al-Salafi, Azal ; Alsheikh Ali, Rana ; Arbi, Chiraz ; Benyahya, Khawla ; Bhatti, Sarah ; Cavalluzzo, Francesco ; Comaro, Elena ; Daniaud, Elise ; El-Zein, Jamal ; Fares, Asmaa ; Hosta Cuy, Elena ; Lavigne Delville, Solene ; Maaninou, Nouha ; Olea Corral, Andrea ; Pannunzio, Marta ; Ramdani, Adel ; Salloum, Hazar ; Werf, Charlotte : van der ; Yousef, Nedaa
    Starting from 17 October 2019, Lebanon had witnessed an unprecedented wave of mass protests and mobilisation across its territory. This so-called Thawra came to question the state’s social contract, which is built on a peculiar political system: sectarian con-sociationalism. Characterised by institutionalised clientelism and systemic corruption, coupled with an unprecedented economic crisis, the system recently showed its limits. Tripoli is Lebanon’s second-largest and most deprived city. Yet, it hosted the largest protests across the country, aptly referred to as the ‘bride of the revolution’. To better understand the city’s dynamics in this respect, field research was conducted there in January 2020. Using a combination of quantitative and qualitative methods, the study reflects on Tripoli’s residents’ perceptions about the protests. Beyond focusing exclusively on the city’s Lebanese residents, it gives some important insights into its vulnerable Syrian and Palestinian refugee inhabitants. The study also demonstrates that, surprisingly, Tripoli’s citizens have nuanced perceptions about these protests. It reveals through charts how divergence in some of these perceptions depends on conditions such as employment, sex, age and nationality. Finally, it gives some tangible insights into Tripoli’s level of mobilisation, engagement, and inclusion of women in the wave of protests. Key words: Middle East; Lebanon; mobilisation; protests; refugees
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    20 Years of EMA : the European Master’s Programme in Human Rights and Democratisation
    (Libreria Editrice Cafoscarina srl, 2017) EIUC
    ‘Bearing in mind the principles of the International Law of Human Rights and in the spirit of inter-university cooperation, we declare open the Academic Year of the European Master’s Degree in Human Rights and Democratisation.’ These words, constituting a solemn and challenging commitment, were read out in chorus for the first time at 12 noon on 6 October 1997 in the Palazzo Ducale by rectors and professors from the universities participating in EMA, for the opening of the academic year. Every year since then, this reference to the great universal values that international human rights law has turned into principles of ius positum, has been repeated, as a confirmation of the commitment of European academia for the effectiveness of this ‘new’ law. That day in 1997 was the official start date of the original undertaking that was the European Master’s Programme. The preliminary stage had begun in the latter part of 1996 and had completed in July 1997, in Villa Herriot on Giudecca Island, when the EMA Statute, known as the Venice Charter, was adopted. We wanted to combine the contents of Article 6 of the Amsterdam Treaty, signed that same year, with the incipit of the Universal Declaration of Human Rights that indicates teaching and education as the most effective guarantee of human rights and fundamental freedoms. The immediate idea was to develop a new higher education project in an inter-university structure that would also serve as a more general message of integration and peace. For the first six years, the University of Padua was the legal and organisational ‘womb’ for this inspiring enterprise.
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    The 2013 Irish legislation on abortion: turning-point or missed opportunity? : a critical analysis from a human rights perspective
    ( 2014) Cosentino, Chiara ; Higgins, Noelle
    While Ireland is being targeted by a worldwide Amnesty International campaign on sexual and reproductive rights, a reflection on the Irish legal framework on abortion is deemed necessary. The present work assesses whether the Protection of Life During Pregnancy Act approved by the Irish Parliament in July 2013 represents a step forward or a missed opportunity for the protection of women’s reproductive rights in Ireland. After illustrating the legal, political and social developments on the issue of abortion since the introduction of the Eighth Amendment of the Constitution in 1983, the focus will move to the analysis of the 2013 Act. The assessment will be twofold. On the one hand, at a national level, the alleged shortcomings of its practical impact will be illustrated. On the other hand, at the international level, the legislation will be evaluated in the light of its compliance with the Irish obligations under International Human Rights Law. Finally, it will be concluded that the Protection of Life During Pregnancy Act has to be welcomed, since it fills a thirty-year lasting legislative gap, but it falls short of human rights requirements and does not bring any major practical improvement in the majority of women’s lives.
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    The 2016 reform on Islamic education textbooks in Morocco : the strategy used by the reform to implement a “more tolerant” Islam
    ( 2017) Boustany, Razane ; Gunn, Jeremy
    In 2016, a commission working under the supervision of the Moroccan Ministry of Education completed a revision of the textbooks and curricula for the teaching of Islam in public schools. This change was very controversial among the experts and teachers of Islamic education, which raised a lot of questions concerning the effectiveness and the significance of this reform. In fact, it was made upon the request of the King Mohammad VI, who wanted to promote a “more moderate” Islam. This study, which is based on a careful review of selected textbooks before and after the reform, seeks to underline first, the different issues pointed out in the public debate to better understand the direction taken by the reform. Second, it exposes a comparative study of six textbooks underlining exactly what the changes were to the curriculum, was it on the level of the structure or the content of the textbooks. Finally, it will put into relation the different elements found in the first two parts in order analyze the strategy used by the Ministry of Education, in the reform of 2016, to promote a “more moderate” Islam.
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    A commodity for export? The implementation of the Triple Nexus by the National Societies of the Red Cross in national migration affairs
    ( 2023) Conte, Arianna ; Koff, Harlan
    The subject of this thesis is the potential implementation of the Triple Nexus by the Red Cross National Societies in Europe. In an innovative approach, it looks at three different local branches of the Red Cross as the main subject of focus. This choice was dictated by the fact that these are considered both the emergency actor for crises happening in Europe and the humanitarian organisation. Considering the scarcity of previous scholarly work on the topic, the author has engaged in data generation through interviews with six Red Cross representatives, two per case study, one working nationally and one internationally. The thesis then conducts a comparative study to create generalisable findings from this data. By using normative coherence for human rights as its theoretical framework and looking at both the national and international level of each National Society, the research leading the following academic piece aims at uncovering whether the Triple Nexus is used as a tool to cope with the migration crisis on European soil, or whether the latter is used solely as a commodity for export, something to apply only abroad. In doing so, it not only helps fill the lack of academic sources looking at the putting in practice of the Triple Nexus, but it also uncovers the normative implications of a potential divide between the national and international domains.
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    A comparative analysis of populist party discourses and party programs: evaluating women’s rights and gender equality in Hungary vs Poland and the Netherlands. Populist parties and gender: a human rights approach
    ( 2024) Bourilkova, Lyubov ; Harmsen, Robert
    This paper analysis how the far-right populist parties construct women’s rights and gender equality in Hungary, compared to Poland and the Netherlands. By analyzing party rhetoric, law amendments,cultural and political contexts, this study highlights how far-right populist parties shape women’s issues to further their political agendas. The study discusses the anti-feminist and strategies of Hungary’s Fidesz and Poland’s Law and Justice party, contrasting them with the more progressive yet still far-right populist approach of the Netherlands’ PVV. The analysis reveal that while the far-right parties in Hungary and Poland utilize traditional gender roles to forward their agenda at women's rights and gender equality, the Dutch far-right exploits women’s rights discourse to justify their anti-immigrant sentiments.
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    A critical approach to neonatal euthanasia : a proposal for a protocol aimed at harmonising the jurisprudence of the European Court of Human Rights
    ( 2022) Contras, Oana ; Benoît-Rohmer, Florence
    As societies developed, medical practices advanced as well. Consequently, moral dilemmas arise putting fundamental rights at stake. This paper deems to explore the practice of neonatal euthanasia and the born polemics due to human rights conflicts, cultural relativism, bio rights as well as fiduciary duties within the European Union. In cases of euthanasia, law and morality clash, this posing a definite challenge on the European Court of Human Rights. When it comes to cases of neonatal euthanasia, conflicting rights arise, and the absoluteness of the right to life and not being subject to torture are being questioned. Ethical questions are being posed, cross-examining issues of when life begins, who is the right holder, the duty bearer as well as what it means to be a human being or a person. Thus, this paper through the analysis of neonatal euthanasia, the absoluteness of the rights and the judgements of the European Court of Human Rights will argue that an Additional Protocol mirroring the Dutch Groningen Protocol, with regards to the practice, shall be proposed to the Oviedo Convention. Hence, the European Court of Human Rights by having available such protocol will have clearer guidelines when similar difficulties are being encountered.
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    A critical review of the relationship between academic freedom and democracy in Ghana’s public universities: From pre-independence to the Fourth Republic
    (Global Campus of Human Rights, 2021) Appiagyei-Atua, Kwadwo
    The present work undertakes a critical assessment of academic freedom at Ghana’s public universities. Attention is placed on how the laws enacted to regulate the functioning of public universities have influenced or are likely to influence respect for academic freedom in public universities in Ghana. The paper seeks to articulate a correlation between the democratic credentials and the level of respect for academic freedom on the country’s university campuses. Three key decisions taken by the present government which threaten academic freedom are discussed. They are: the incidents leading to the closure of the Kwame Nkrumah University of Science and Technology (KNUST) in October 2018; the tensions arising in the Technical University Teachers Association of Ghana (TUTAG); and the unsuccessful attempt by the government to enact the Public Universities Bill 2020. To deal with the threat to academic freedom through managerialism, the paper calls for the democratisation of academic freedom on university campuses. This is premised on the fulfilment of responsibilities attached to the enjoyment of academic freedom by members of the academic community—the university, academics and students—towards each other. The place of the State, as the principal dutybearer in the academic freedom matrix, is considered as pivotal in facilitating this process.
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    A demand for jal, jungle aur jameen : an argument for climate justice of indigenous women in india through recognition of land rights
    ( 2022) Anju Anna John ; Gomez Sanchez, Davinia
    The environmental movement of modern-day India could be traced back to protests led by the indigenous Adivasi women. These protests were to secure the health, food security and livelihoods of their families, on lands that they had traditionally occupied. Ironically, the strongest hurdle they face in saving their lands from deforestation and other development projects is the Forest Department in India. This paper seeks to make an argument for the Adivasi woman’s climate justice as the realisation of rights over their traditional lands. This paper examines the unique situation of the indigenous peoples in central Indian society. It then considers the effects of climate crisis in this region on the Adivasi women, and how dispossession of land caused by extractivism has affected their lives and livelihoods. It proceeds to deliberate whether gaining rights over their traditional lands would be the solution, and how have legislations and cultural practices affected their land rights. Following this, India’s obligations under international law is analysed. Finally, this research studies the implementation of the Forest Rights Act of 2006 that recognised indigenous peoples’ rights over forest lands. Based on the findings of this paper, it can be concluded that despite the impediments faced in the implementation of the 2006 Act, the proper enforcement of the legislation is the best available solution towards ensuring climate justice of the indigenous women in India.
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    A human rights-based approach to augmentative and alternative communication: enhancing the right to inclusive education in Italy in a digital world and a post-COVID era
    ( 2024) Polidori, Gaia ; Broderick, Andrea
    The right to inclusive education is a fundamental right for children with disabilities since it provides them with the necessary skills to fully exercise their human rights and participate actively in society. Article 24 of the United Nations Convention on the Rights of Persons with Disabilities embodies the principle of ‘inclusive education’, recognizing the right of people with disabilities to access education, the necessity of establishing a consistent ‘inclusive education system’, and aims at ending discrimination and fostering equal education opportunities for students with disabilities. However, nowadays there are still many challenges that children with disabilities face in schools, concerning the lack of access to digital tools and services, as well as the lack of specific and adequate support, in particular with the COVID-19 outbreak. Through the case study of Italy, this thesis focuses on the issues that children with speech, language, and communication needs have faced in primary schools since the COVID-19 pandemic and the increasing digitalization of school materials and contents. Therefore, the purpose of analyzing Article 24 CRPD, is to examine the right to inclusive education in Italy, investigate the extent to which Italian laws and policies are in line with the CRPD, and underline the challenges in the system. To explore such issues, this thesis proposes an interdisciplinary framework that examines the interaction of communication theory and human rights law in today’s digital world, specifically investigating how a human rights-based approach to alternative and augmentative communication in Italian primary schools can enhance the right to inclusive education for children with speech, language and communication needs, facilitating digital participation in a post-COVID era.
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    A lack of legal frameworks for internally displaced persons impacted by climate change and natural disasters: Analysis of regulatory challenges in Bangladesh, India and the Pacific Islands
    (Global Campus Human Rights, 2022) McNeill, Isaac ; Amin, Asma-Al ; Son, Giwoong ; Karmacharya, Swasti
    The issue of internal displacement of persons (IDPs) due to climate change (CC) and natural disasters (ND) is an area of global concern. With the increasing impacts of CC and ND (henceforth written as CC-ND), forced displacement and relocation are the only cogent solutions, but at huge physical, economic, and psychological costs, causing imbalances in well-being. However, despite the recognition and efforts directed towards addressing climate change and tackling its impacts, the pathways to safe relocation and, possibly, avoiding displacement are still restricted by barriers for a majority of vulnerable populations who are directly exposed to and affected by the harsh impacts of CC, ND, and displacement. This study uses a comparative case study approach to critically examine the patterns of internal displacement due to the compounding impacts of CC-ND in Bangladesh, India and the Pacific Islands, and also examines the impact on the well-being of IDPs. Furthermore, the study also attempts to critically examine the legal frameworks of each of these case studies to identify their relevance and note any gaps in addressing the issue of CC-ND induced internal displacement. Finally, it attempts to make policy recommendations to better respond to this issue.
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    A matrix of jurisdiction: extra-territoriality ‘divided and tailored’ : States’ duties to ensure access to effective remedy under the EU Proposal for a Directive 2022/0051 on corporate sustainability due diligence
    ( 2023) Fruth, Leonard ; Binder, Christina
    What are jurisdictional implications when the EU is regulating companies’ conduct outside of the EU, and enshrines judicial remedies for victims of corporate human rights violations that occurred abroad? The EU initiative for a Directive on corporate sustainability due diligence is an important step towards a legally binding framework, which this thesis takes up to inquire into a particular tension: (i) the well-established lack of access to effective remedies in the EU for victims who are based in a third country, (ii) the call on Member States to reduce legal, practical, and other barriers as given mandatory expression in the Commission Proposal, and (iii) the right of access to effective remedy in international human rights law as mediating between the former two. The inquiry has the following steps: Part 1 introduces the structuring role of concepts of ‘jurisdiction’ both for States’ competences to act within and outside their borders, and for the scope of States’ obligations under human rights law. Then it highlights jurisdictional obstacles and barriers inherent in the EU jurisdictional framework. Part 2 compares the negotiation mandates of the Commission, Parliament and Council with respect to their scope as regards remediation, presenting scenarios to illustrate the mechanisms that would be available for victims to bring claims against private parties, and against the State. Part 3 extrapolates three specific bases of States’ extraterritorial jurisdiction and the according substantive and procedural standards that States need to observe under the Articles 1, 6(1), and 13 of the ECHR, informing the discussion of the scenarios developed before. In light of the opposing tendencies in the three mandates, linked to substantively different remediation for victims outside the EU, a framework of ‘forms of extraterritorial jurisdiction’ is assessed.
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    A model for independent oversight of Secure Care Centres in South Africa: National Preventive Mechanism
    (South African National Preventive Mechanism, 2022) South African National Preventive Mechanism ; Centre for Child
    This document sets out a model for the oversight of Secure Care Centres in South Africa, to strengthen child rights consistent practice. These centres accommodate children who have been referred by orders of the Child Justice Court, who are awaiting trial, undergoing residential diversion or serving a sentence.
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    A modern tale of Frankenstein? How to regulate non-consensual sexually explicit AI-generated deepfakes in the Metaverse
    ( 2024) Kolen, Elise ; Benedek, Wolfgang ; Tichy, Helmut
    This thesis examines the emerging issue of non-consensual sexually explicit deepfakes (sexfakes) in the context of the Metaverse. The research focuses on two key issues: sexfakes as a gender-based phenomenon, and the applicability of current regulations on sexfakes in the Metaverse. The thesis takes a euro-centric approach and therefore analyses the current regulatory frameworks established by the Council of Europe (CoE) and the European Union (EU) on sexfakes and the Metaverse. The study reveals that while progress has been made in addressing sexfakes, current protections remain incomplete, leaving women inadequately safeguarded. The Metaverse presents further unique challenges in the regulation and enforcement of sexfakes, raising complex questions about identity, legal personality, avatar ownership, harm, perpetrator accountability, jurisdiction, and the right to be forgotten. This thesis argues that the EU's and CoE's stance that no new instruments are necessary may underestimate the transformative potential of the Metaverse, especially concerning gender-based cyber violence. It proposes to enhance current frameworks to specifically address sexfakes in the Metaverse by taking a proactive regulatory stance so that the Metaverse could be transformed into a safe and inclusive digital space for all. Keywords: artificial intelligence, gender-based violence, deepfakes, non-consensual sexually explicit deepfakes, Metaverse, European Union, Council of Europe.
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    A monster called justice: Female incarceration and motherhood in Mexico’s prison system
    (Global Campus Human Rights, 2023) Giacomello, Corina
    Female incarceration has been growing at a higher rate than the general prison population around the world and Mexico has been no exception: between 2000 and 2022 the country has witnessed an increase of the female prison population by 100%, vs a 60% global tendency. The main cause for women’s incarceration is theft, followed by more serious crimes, such as kidnapping and homicide. Most women in prison come from poor households, have basic schooling and are primary or sole caregivers of small children. Despite a growing international and national attention to the issue of women in prison and the impacts of female incarceration on small children, the Mexican prison system is not legally designed nor practically equipped to uphold children’s rights and mainstream a children rights’ perspective in the adult criminal justice system. This paper aims at analyzing the conditions of female incarceration in Mexico and its impacts on children, with a focus on those living with their mothers. It is based on publicly available quantitative data and literature review as well as on semi-structured interviews and focus groups with women in prison from 2005 onwards and, more recently, with women detained in the country’s federal female prison “CPS femenil Morelos” in 2023. It also draws from the lived experience of formerly incarcerated women.
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    A normative and legal analysis of the convergence of labour and migration policies: impacts on migrant workers, undocumented workers, refugees, and asylum seekers in the European Union
    ( 2024) Impiglia, Dalia ; Pushkarova, Iva
    This thesis's research considers a normative understanding of EU migration policy in tandem with the practice of labour rights for migrant workers, refugees and asylum seekers, and undocumented workers. The reason to uncover the relationship between labour rights for migrant workers and migration comes from the persisting incidences of exploitation in the EU that affect non-EU citizens exponentially more than EU workers. Understanding why this trend occurs and what systems are in place to prevent it is crucial today and requires moral and legal assessment. The first half of the research places the EU's approach to labour migration in normative contexts. The case for Open Borders migration, based on the work of Joseph Carens, posits an egalitarian liberal ideology seemingly emulated by the border-free EU regime. However, the fortification of the EU external border and increasing securitization of the EU represent the ideas of Christopher H Wellman's right of association. Although oppositional, it is only in tandem that we may understand the EU's labour policies differentiating non-EU workers. The second half of the research focuses on how the current practice of sponsored work permits, employer's sanctions, migration policy filters, transnational guest worker schemes, and exploitation and trafficking prevention schemes all impact labour rights for migrant workers. The findings show that economic self-interest and historical colonial relations cause migrant workers to live and work in precarity and residential insecurity and face significant discrimination. Low-skilled, low-wage employment and ethnic economies significantly have heightened risks of exploitation by the shadow economy, the informal sector, and state regulation.
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    A patchwork way to democracy: Brazil’s struggles to remember its past and the role of arts to create an anti-authoritarian culture
    ( 2024) Schmidt, Paula Eduarda ; Preda, Caterina
    Abstract: The aim of this thesis is to analyse Brazil’s long history with authoritarianism and investigate whether and to which extent the country succeeded to overcome the twenty one years under the military rule. A historical overview is provided in order to give visibility to a range of different elements that has impacted the country’s political environment and cultural identity. The investigation continues as we understand the intrinsic elements that composed the Brazilian authoritarian regime and the governmental initiatives towards the building of democratic values, the respect for human rights and the memorialisation of past atrocities. In the final chapter, the relevant role of civil society is assessed even though the nation is still battling with a culture of violence and social fragmentation. It leads to the elaboration of the contributions brought by arts and culture in the transitioning process and whether it is a valid mechanism or not to achieve reconciliation. Key words: Brazil, transitional justice, memory studies, latin american studies, arts and human rights
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    A prolegomenon on deepfakes and human rights in the African Charter
    (Global Campus Human Rights, 2023) Jimoh, Mujib
    Deepfake, the manipulation of videos, audio and images using Artificial Intelligence (AI) technology, is popularly gaining attention in different areas of law since its first creation in 2017. Recent scholarships have considered its impacts on evidence law and proofs in courtrooms. Other areas of law that have been tested with deepfake include criminal law, torts, intellectual property and national security law, among others. In Africa, one of the challenges in addressing issues relating to deepfake is illiteracy. Most Africans are said to be ignorant of what deepfake is. Yet, with its nature and as a form of AI, deepfake impacts almost all known human rights since human rights are interdependent and interrelated. This paper seeks to introduce and underscore the impacts of deepfake on human rights in Africa, particularly the rights contained in the African Charter on Human and Peoples’ Rights (African Charter). Although an analysis of the impact of deepfake on all the rights contained in the African Charter is outside the scope of this paper, the most impacted human rights—the right to dignity, privacy and information—will be discussed. As a prolegomenon (introduction) on this topic, the paper aims to highlight the human rights violations in the creation of deepfakes in Africa. The paper argues that while most deepfakes are created by private individuals, under the ‘duty to respect’ framework of human rights, both individuals and State Parties have obligations to respect human rights.
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    A seemingly obsolete mechanism activated : temporary protection for forcibly displaced Ukrainians - a paradigm change of the European Union on how to deal with future mass influx situations?
    ( 2022) Fridl, Susanne ; Arenal Lora, Libia
    The European Union faced an extreme mass influx situation, after Russian armed forces launched a large-scale aggression in Ukraine on 24 February 2022. The European Union reacted promptly with the activation of the temporary protection mechanism on 2 March 2022 for Ukrainians fleeing the war in order to ensure a high protection standard. However, this mechanism has so far been never used since its implementation within the Temporary Protection Directive 2001 - despite the fact that the European Union faced several mass influx situations in the past. This research aims to answer the question if the activation of the Directive can be considered as a paradigm shift of the European Union on how to deal with the predicted mass influxes of the future, stemming from European as well as non-European countries - or if the activation of the Directive can be seen as circumstantial and only applicable in the Ukrainian case. The study sheds light on the temporary protection regime, its challenges and advantages and aims to answer the question if temporary protection in the concrete form is a promising approach to deal with future mass influx situations. Furthermore, it elaborates on the previous mass influx situations since the implementation of the Directive, the failed activation requests of the past and on the EU’s approach to deal with these previous mass exodus situations. The study further focuses particularly on the question why the Temporary Protection Directive has been seemingly obsolete for the last 21 years and compares these reasons to the prompt activation in 2022. Taking all these aspects into account, recommendations to overcome the challenges and ensure a high protection standard for all future mass influx situations are developed at the end of the research.
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    A she-cession? Exploring labour policy responses to COVID-19 and their impact on women's right to work in Europe
    (Global Campus Human Rights, 2021) Altafin, Chiara ; Baiker, Manuela ; McCall Magan, Ríon ; Mancarella, Francesca ; Ferreira, Mariana
    Women’s right to work in Europe has been disproportionately affected by the ongoing COVID-19 pandemic. This article explores how and to what extent certain European countries have developed labour policy responses reflecting a feminist human rights preparedness during the pandemic’s first two years. The impacts of the policies on women’s right to work in Italy, Portugal, Ireland and Germany are examined under critical policy analysis (CPA) methodology and from a human rights-based approach. Ultimately, it is argued that these states failed to immediately address the disproportionately gendered impacts in the labour market. Across all case studies, the analysis identifies a shortfall in protection for certain categories of women which has challenged the fulfilment of their right to work and left them in a state of ‘she-cession’. As a result, previous structures and tendencies defining the roles of women in society have been reinforced. In light of such unpreparedness, policy recommendations are elaborated upon from a feminist human rights perspective, in which attention is given to: intersectionality; dynamics of social hierarchies and power structures affecting access to rights; equal participation in policy decision-making; availability of data on the impact of states’ ongoing responses; and engagement with relevant stakeholders to monitor and ensure women’s enjoyment of the right to work.