Volume 7 No 1

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https://repository.gchumanrights.org/handle/20.500.11825/2733

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Browsing Volume 7 No 1 by Title

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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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    Access to justice through the obligations developed by the United Nations Human Rights treaty bodies
    (Global Campus Human Rights, 2023) Aguirre, Cláudia : de Freitas
    Access to justice is not a new theme in the academic literature, and there are several approaches to the subject. Nevertheless, the objective of this article is not the analysis of access to justice in theory. Instead, it aims to reflect on it as a human right. Indeed, there is a close link between human rights violations and the need for remedies and/or access to justice mechanisms in general. In addition, the consideration of access to justice as a human right in itself and a precondition for all other human rights leads us to investigate the specific state’s obligations. Hence, the article focuses on the general comments/recommendations of UN treaty bodies, as they represent the authoritative interpretation of legally binding treaties, consequently establishing consolidated positions on the state’s obligations regarding access to justice. The article’s objective is, in a legal analysis, to identify the precise duties encompassing the right to access justice. By recognizing these obligations, the article aims to systematize some trends in their evolution, striving to pinpoint which vectors drive such tendencies, with a brief contextualization in the studies on the renewal waves of access to justice. Finally, after acknowledging these obligations/standards, their implications for realizing the right to access justice in practice from the perspective of states, treaty bodies, victims, and other human rights actors, are reflected upon.
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    Combating climate change and promoting human rights through associativism
    (Global Campus Human Rights, 2023) Menezes, Anna Cláudia ; Belli, Lourega ; Voigt Pisconti Machado, Claudia
    Preserving nature and promoting human rights emerge as pressing challenges in contemporary society. Companies, as prominent economic agents, play a crucial role in building a more equitable and environmentally sustainable world. In this context, associativism stands out as a crucial tool, enabling companies to collaborate jointly with local communities and non-governmental organisations in the creation of projects and initiatives beneficial to all. In the realm of climate change, fossil fuels stand out as the primary emitters of greenhouse gases. Associativism emerges as a valuable tool in addressing climate change, through this collaborative approach, companies can cooperate with local communities and non-governmental organisations in designing projects and initiatives aimed at reducing dependence on fossil fuels and driving the transition to a low-carbon economy. This article investigates how companies, through associativism, can take effective measures for environmental preservation and the prevention of human rights violations in the context of climate change. The research was conducted through literature review and document analysis. The results obtained suggest that sustainable development practices adopted by companies committed to promoting the rights of nature and humans have the potential to reduce the environmental impact of business operations, promote social well-being, and strengthen collaboration between companies, local communities, and civil society organisations. Companies incorporating associational practices to drive sustainability are more likely to achieve the Sustainable Development Goals (SDGs) outlined in the UN’s 2030 Agenda.
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    Rethinking China’s challenge to human rights: The case of tourism development in Tibet
    (Global Campus Human Rights, 2023) Genoud, Christelle
    In recent years, the challenge that the Chinese Human Rights Narrative poses to the human rights regime has gained a special sense of urgency as the issue has become embedded into the larger geopolitical debate on China’s threat to the liberal world order. This article shifts the focus from the opposition between the liberal and Chinese Narratives to discrepancies between China’s Human Rights narrative and practices and challenges liberal human rights, which have been contentious from their inception. Ironically, the Chinese government does not live up to the narrative based on which it confronts liberal democracies. Through the case of tourism development in Tibet, the article illustrates that while China emphasises the right to development by promoting human rights for all individuals, the government’s implementation is anchored into violations of the cultural rights of ethnic minorities. With this perspective in mind, the study calls for a defence of human rights grounded on discrepancies between the narrative and actual practices rather than a status quo defence of the human rights regime.
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    The impact of mandatory Hijab Laws on women’s rights in Iran: A human rights perspective
    (Global Campus Human Rights, 2023) Ali, Sajid ; Kayyal, Mahsa
    This article delves into the complex landscape of women’s rights in Iran, focusing on the profound impact of mandatory hijab laws imposed after the 1979 Islamic revolution. Against a historical backdrop of ongoing struggles for human rights, particularly concerning women, this paper aims to scrutinize the multifaceted violations arising from the implementation of hijab laws, revealing their ramifications on civil, political, religious, and economic rights. The study begins by contextualizing the historical evolution of women’s rights in Iran, contrasting the experiences under monarchy with the current regime. It highlights the distinctive nature of women’s rights violations post-revolution, emphasizing the coercive enforcement of discriminatory laws and its contribution to widespread protests both within Iran and globally. Central to the analysis is the examination of how mandatory hijab laws infringe upon women’s personal freedoms and jeopardize their fundamental rights. The recent outcry and resistance against these laws, exemplified by the nationwide protests triggered by the tragic incident involving Mahsa Amini, underscore the urgent need for political reevaluation and legal reform. The paper contends that these laws not only impede women’s participation in political, religious, civil, and economic spheres but also contravene Iran’s International Commitments and Human Rights Instruments. The article concludes by reinforcing the deep-rooted concerns about women’s rights in Iran, echoing the discontent that has persisted since the 1979 Islamic Revolution. The discriminatory impact of hijab laws is unveiled through the lens of the marginalized position of women in various fields, coupled with widespread discrimination and violations of their political, religious, and economic rights. As international scholars and experts question the compatibility of these laws with International Human Rights norms, the United Nations and other human rights organizations call for the Iranian regime’s adherence to international commitments, emphasizing the potential exacerbation of the vulnerable situation of women’s rights in the absence of such compliance.
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    The right to live or to live well? Refugees’ quest for entitlement: A reflection through Aristotle’s and Arendt’s lenses
    (Global Campus Human Rights, 2023) Fagard, Clarisse J.
    The term “life” is undoubtedly a concept that legislators can no longer fail to understand in present times, certainly with a burning migration crisis at the forefront. The study explores the intrinsic relationship between the concepts of “life” and “rights” through the lens of ancient philosophy, in particular Aristotle’ seminal writing. The distinction between “bios” and “zoe,” as recognised by the latter, is analysed and reconsidered in contemporary contexts, within the framework of modern human rights and the challenges posed by the global migration crisis. Challenging thereby the philosopher Agamben, who maintains a dichotomy between the biological and the political body—albeit blurred by his conception of “naked life,” the study argues for a nuanced interpretation of Aristotle’s oeuvre, allowing for the recognition of a complementary—if not inseparable—connection between biological life and political existence. Through a further interlacing with Hannah Arendt’s concept of “the right to have rights,” the article aims to apply this framework to refugees’ situations, emphasizing the intertwined nature of life and political recognition. In a forward-looking perspective, it is hoped to raise reflexive stances on the contemporary right to life, whose complete comprehending hinges on recognizing its innate political dimension.
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    The State of exception: An insight into its theoretical background
    (Global Campus Human Rights, 2023) Ates, Dilan
    This article aims to carry out a critical examination of the state of exception within the context of modern constitutional state, to shed light on this legal anomaly that entails the suspension of rights, freedoms, and norms. The state of exception, wielding the power to annul the fundamental rights and freedoms enumerated and enshrined before it, finds its form in almost all manifestations of modern law (constitutions, laws, international law, conventions). The ambiguous position of the concept has widened the theoretical debates that accompany it. This article is an attempt to elucidate the theoretical discussions revolving around the state of exception: namely Carl Schmitt, Giorgio Agamben and Judith Butler’s perspectives. The central objective is to discuss one of the aspects of the intricate relationship between modern law and sovereignty.