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181. Implementing the PWDVA: Safeguarding women from domestic violence

Author:
Pooja Parvati
Publication Date:
10-2015
Content Type:
Working Paper
Institution:
Oxfam Publishing
Abstract:
Violence Against Women and Girls (VAWG) is one of the most widespread, and yet the least recognized, human rights violations across the world. It can manifest in many forms, but the most common form experienced by women globally is physical violence inflicted by an intimate partner. Documenting this continues to be a challenge due to lack of reliable, timely datasets. In 2005, the government of India enacted the Protection of Women from Domestic Violence Act (PWDVA), which came into force in 2006. Nine years later, progress in its implementation is insignificant as it remains plagued by challenges such as inadequate funds and human resources, poor coordination across implementing agencies and ineffective monitoring mechanisms. Addressing these would go a long way in strengthening the Act and making it effective. This also corresponds with the Indian government’s wholehearted commitment to ‘Achieve gender equality and empower all women and girls’ by the year 2030 through its adoption of the Sustainable Development Goals (SDGs).
Topic:
Gender Issues, Human Rights, Gender Based Violence, and Humanitarian Crisis
Political Geography:
India, Asia, and Global Focus

182. In Defence of Freedom of Speech and against the Publication of Certain Cartoons

Author:
Paul Hedges
Publication Date:
10-2015
Content Type:
Working Paper
Institution:
Centre for Non-Traditional Security Studies, S. Rajaratnam School of International Studies
Abstract:
This paper explores the concept of freedom of speech, as it relates to religion, focusing on recent European examples of tensions that surface secular mores and Islamic sensibilities, primarily the Charlie Hebdo incident. This paper argues that while offence to others does not breech free speech, when considering cartoons of the Prophet Muhammad, we cannot ignore the geopolitical context. Such images may perpetuate stereotypes and be perceived as part of a neo-colonial project to denigrate minorities and the Muslim world. In particular, Islamophobia and the post-colonial context provide a context wherein the Islamic “Other” within Western societies is marginalised and often experiences oppression. Therefore, what appears to be legitimate freedom of speech may actually be a discourse of suppression. The paper also considers possible objections around individual autonomy and the power of religion, and suggests principles when considering the limits of freedom of speech.
Topic:
Human Rights, Post Colonialism, Religion, and Islamophobia
Political Geography:
Global Focus

183. Civil Liberties vs. State Security in Historical Perspective

Author:
Louis Fisher
Publication Date:
05-2015
Content Type:
Policy Brief
Institution:
Foreign Policy Research Institute (FPRI)
Abstract:
How do we reconcile self-government with national security and analyze claims of national security? There should be little doubt that many assertions of "national security" have left the nation less secure. Consider the case of Ellen Knauff, a German woman who married a U.S. soldier and came to New York City to meet his parents in 1948. Instead of being allowed to disembark with other passengers, she was held at Ellis Island for three years and threatened with deportation as a security risk. At no time was Knauff or her attorney told why she was a risk. Her case reached the Supreme Court in Knauff v. Shaughnessy (1950). The Court, divided 6 to 3, found no objections to the procedures used by the executive branch. In a dissent, however, Justice Robert Jackson said: “Security is like liberty in that many are the crimes committed in its name.” No one has better underscored the danger of automatically bowing down to claims of security.
Topic:
Security, Human Rights, and Governance
Political Geography:
Global Focus

184. The Role of Human Rights in Countering Violent Extremism

Author:
Human Rights First
Publication Date:
09-2015
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
On the sidelines of the annual United Nations General Assembly meeting, the United States is sponsoring briefings and meetings with allies to develop strategies to counter the spread of violent extremism. These activities will build on the February 2015 White House Summit to Counter Violent Extremism (CVE). The CVE initiative is designed to advance a more preventive and proactive approach to countering violent extremism. It takes into account the lesson of the past decade that addressing the threat of violent extremism requires a truly comprehensive strategy that goes beyond military intelligence and law-enforcement tools. The United States government has played a leading role in moving forward a global conversation on countering violent extremism since convening the White House Summit. If this process is to yield results, the United States will have to continue to provide leadership in close coordination with the efforts of the United Nations and other multilateral organizations, notably the U.N. Secretary General’s Plan of Action on Preventing Violent Extremism to be presented to the U.N. General Assembly later this year. While sustained U.S. engagement with this multilateral process will be essential, just as important will be a clear demonstration from the United States that it is putting the principles of its CVE approach into practice. The United States must show its commitment to the principles it has been championing through its more comprehensive, preventive CVE strategy in each of its bilateral relationships, particularly those with states facing challenges from the threat of terrorism, which also engage in systematic violations of human rights. It is no accident that these two conditions often coincide. This blueprint brings together examples of existing bilateral relationships with some U.S. allies that fit this category. The material collected here illustrates the vital importance for the United States to encourage its allies to implement security policies rooted in the reality that good governance, the rule of law, and respect for human rights are essential tools in countering violent extremism. This blueprint compiles and summarizes previous Human Rights First blueprints. For more information on a specific topic or country, please refer to the following documents: How to Conduct Effective Counterterrorism that Reinforces Human Rights (December 2014); How to Bring Stability to Bahrain (December 2014); How to Prevent Egypt Slipping into a Deepening Crisis (December 2014); How to Build a More Sustainable and Mutually Beneficial Relationship with Saudi Arabia (March 2015); How to Counter Terrorism by Supporting Civil Society in the United Arab Emirates (May 2015); How the United States Can Help Counter Violent Extremism and Support Civil Society in Kenya (July 2015).
Topic:
Human Rights, Terrorism, United Nations, Violent Extremism, and Counter-terrorism
Political Geography:
United States and Global Focus

185. How to Dismantle the Business of Human Trafficking

Author:
Amy Sobel
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
This year marks the 150th anniversary of the ratification of the 13th Amendment, which abolished slavery in the United States. Yet in the world today there are an estimated 20.9 million people enslaved, and the United States is both a source and destination of victims. While the United States would have a moral responsibility to address this problem even without its history of slavery, its legacy heightens this imperative. Contemporary slavery manifests in various ways. Many trafficking victims are forced to toil in fields, factories, and fishing boats for little or no pay. Others are held captive in private homes. Forced prostitution rings imprison women, girls, and boys in brothels or force them to work in the streets under threat of abuse. What links all these forms—as well as historic American slavery—is the profit motive. Human trafficking is a lucrative criminal enterprise, generating $150 billion annually in profits worldwide. The United States should seek to reduce substantially the number of victims by implementing policies and practices that dismantle the business of trafficking. Since passage of the Trafficking Victims Protection Act (TVPA) of 2000—and its subsequent reauthorizations—the U.S. government has undertaken significant steps to build an anti-human trafficking infrastructure. Through annual publication of the Department of State’s (DOS) Trafficking in Persons report (TIP report), it has called worldwide attention to this blight. The DOS Office to Monitor and Combat Trafficking in Persons (J/TIP) provides grants to U.S. and foreign institutions involved in prevention/awareness, protection/services, law enforcement/prosecution, research and data collection, and evaluation. J/TIP also coordinates U.S. agencies both at home and abroad, including agencies on the President’s Interagency Task Force (PITF). Despite these efforts, human trafficking continues to be a horrific human rights problem both in the United States and around the world. The 2014 DOS TIP report used law enforcement data to determine that 44,738 survivors were reported globally in 2013 —a paltry figure considering the number of victims. It is clear that far more needs to be done.
Topic:
Human Rights, United Nations, Slavery, and Human Trafficking
Political Geography:
United States, Global Focus, Washington, and D.C.

186. Dangerous Trade: Arms Exports, Human Rights, and International Reputation

Author:
Jennifer L. Erickson
Publication Date:
05-2015
Content Type:
Book
Institution:
Columbia University Press
Abstract:
The United Nations's groundbreaking Arms Trade Treaty (ATT), which went into effect in 2014, sets legally binding standards to regulate global arms exports and reflects the growing concerns toward the significant role that small and major conventional arms play in perpetuating human rights violations, conflict, and societal instability worldwide. Many countries that once staunchly opposed shared export controls and their perceived threat to political and economic autonomy are now beginning to embrace numerous agreements, such as the ATT and the EU Code of Conduct. Jennifer L. Erickson explores the reasons top arms-exporting democracies have put aside past sovereignty, security, and economic worries in favor of humanitarian arms transfer controls, and she follows the early effects of this about-face on export practice. She begins with a brief history of failed arms export control initiatives and then tracks arms transfer trends over time. Pinpointing the normative shifts in the 1990s that put humanitarian arms control on the table, she reveals that these states committed to these policies out of concern for their international reputations. She also highlights how arms trade scandals threaten domestic reputations and thus help improve compliance. Using statistical data and interviews conducted in France, Germany, Belgium, the United Kingdom, and the United States, Erickson challenges existing IR theories of state behavior while providing insight into the role of reputation as a social mechanism and the importance of government transparency and accountability in generating compliance with new norms and rules.
Topic:
Arms Control and Proliferation, Human Rights, International Trade and Finance, Treaties and Agreements, and Weapons of Mass Destruction
Political Geography:
Global Focus
Publication Identifier:
9780231170963
Publication Identifier Type:
ISBN

187. Enhancing Women Migrant Workers' Rights and Mainstreaming Gender in Global Migration Governance

Author:
Bethlehem Daniel and Michael Gordon
Publication Date:
08-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
According to the International Organization for Migration, female migrants constituted approximately 50 percent of the share of the total migrant stock in 2013. The feminization of migration is an ongoing cross-border phenomenon that requires both attention and cooperation to minimize risk and increase protection for vulnerable populations. With women amounting to half of the number of global migrants, migration and gender can no longer be seen as separate silos in policy. Gender mainstreaming must be injected into high-level dialogue to reduce vulnerability and enhance human rights. This brief examines the problems associated with human trafficking, and identifies legislative and legal gaps in anti-trafficking policy through a compliance analysis of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). In order to facilitate gender mainstreaming efforts, member states party to CEDAW are encouraged to ensure that national anti-trafficking policies comply with CEDAW and adopt a rights-based approach to combatting human trafficking through the entrenchment of CEDAW principles in national legislation.
Topic:
Gender Issues, Human Rights, International Law, and Migration
Political Geography:
Global Focus

188. Climate Change and Human Rights: How? Where? When?

Author:
Basil Ugochukwu
Publication Date:
11-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
Actions taken to mitigate and adapt to the adverse impacts of climate change must be centred on human rights. This paper analyzes a few examples of national, subnational and corporate climate change policies to show how they have either enshrined human rights principles, or failed to do so. It also examines the challenge of integrating human rights principles in climate change actions. Climate change policies, if they are to respect all human rights, must actually use human rights language to articulate adaptation or mitigation measures.
Topic:
Climate Change, Development, Human Rights, and Politics
Political Geography:
Global Focus

189. Internet Freedom and Human Rights

Author:
Daniel Joyce
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
This article considers whether the Internet has become so significant, for the provision of, and access to, information and in the formation of political community and associated questions of participation, that it requires further human rights protection beyond freedom of expression. In short, should Internet freedom be configured as a human right? The article begins by considering the ubiquity of the Internet and its significance. A wider historical view is then taken to understand Internet freedom in terms of its lineage and development from earlier debates over freedom of expression and the right to communicate, through to the recognition of the significance of an information society and the need for Internet regulation on the international plane. The current debate over Internet freedom is then analysed with particular focus given to Hillary Clinton’s speech on Internet freedom and its subsequent articulation by Special Rapporteur Frank La Rue. The concluding part introduces the critical work of Evgeny Morozov and Jaron Lanier to an international law audience in order to deepen the debate over Internet freedom and to point to the concept’s limitations and dangers. It is too early to say whether a ‘right to Internet freedom’ has achieved universal recognition, but this article makes the case that it is worth taking seriously and that Internet freedom may need its own category of protection beyond freedom of expression.
Topic:
Human Rights, International Law, History, Regulation, Internet, and Freedom of Expression
Political Geography:
Europe, Global Focus, and United States of America

190. Schizophrenie du droit international

Author:
Ekaterina Yahyaoui Krivenko
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
A poem by Ekaterina Yahyaoui Krivenko.
Topic:
Globalization, Human Rights, International Law, and Constitution
Political Geography:
Europe and Global Focus