Towards Improved Compliance with Human Rights Decisions in the African Human Rights System: Enhancing the Role of Civil Society

Etuvoata, Anthony Ebruphihor

doi:10.1007/s12142-020-00603-z

Cited by 3 publications

(3 citation statements)

References 21 publications

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“…Protection of mass organizations is precisely the responsibility of the state, considering that state responsibility arises as a consequence of the principle of sovereignty and the principle of state equality contained in international law (R. K. M. Smith, 2020). Even though the state's responsibility does not have a specific international agreement, the habit of states to respect the rights of individuals and other countries is a moral consequence of 'what should be global life' (Etuvoata, 2020). In the case of FPI dissolution, the subject to which the party declaring dissolution is the government itself.…”

Section: Freedom Of Association and Dissolution Of Fpi : The Human Rights Reviewmentioning

confidence: 99%

The Joint Ministerial Decree (SKB) of Islamic Defenders Front (FPI): Quo Vadis The Rule of Law and Human Rights?

Disantara

2021

MuLaRev

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The freedom of association is one of the fundamental rights of a country. However, in Indonesia, the problems regarding of the legitimacy and recognition of the right to freedom of association have become stronger after the issuance of a The Joint Ministerial Decree (SKB) regarding the dissolution of the Islamic Defenders Front (FPI). This research is a legal research. This research uses statutory and conceptual approaches by using primary and secondary legal materials. The two legal materials are inventoried in order to obtain a prescriptive legal analysis; as well as providing a holistic conceptual study of the legal issues discussed. The research result states that the dissolution of FPI by the government is an act that violates human rights, particularly the right to freedom of association. The government uses the doctrine of the militant democracy to dissolve FPI. Then, the dissolution of FPI by SKB contradicts by the principle of the rule of law. Therefore, the dissolution of FPI was not carried out through to the court. Therefore, it is necessary to follow up on the action against 'radical mass organizations' in the form of presidential regulations or government regulations as a derivative renewal of the regulations concerning mass organizations.

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Section: Freedom Of Association and Dissolution Of Fpi : The Human Rights Reviewmentioning

confidence: 99%

The Joint Ministerial Decree (SKB) of Islamic Defenders Front (FPI): Quo Vadis The Rule of Law and Human Rights?

Disantara

2021

MuLaRev

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“…This will be discussed subsequently. It is a fact that different experts used to have examined AI through different cases (Etuvoata, 2020). In the context of human rights issues intersecting through AI technology, the international human rights laws along with its developed institutions have been able to contribute and provide a universally accepted forum that could address power differentials (Felix, 2020).…”

Section: Introductionmentioning

confidence: 99%

Evolution of artificial intelligence and its impact on human rights: from sociolegal perspective

Chatterjee

Sreenivasulu

Hussain

2021

IJLMA

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Purpose The applications of artificial intelligence (AI) in different sectors have become agendas for discussions in the highest circle of experts. The applications of AI can help society and can harm society even by jeopardizing human rights. The purpose of this study is to examine the evolution of AI and its impacts on human rights from social and legal perspectives. Design/methodology/approach With the help of studies of literature and different other AI and human rights-related reports, this study has taken an attempt to provide a comprehensive and executable framework to address these challenges contemplated to occur due to the increase in usage of different AI applications in the context of human rights. Findings This study finds out how different AI applications could help society and harm society. It also highlighted different legal issues and associated complexity arising due to the advancement of AI technology. Finally, the study also provided few recommendations to the governments, private enterprises and non-governmental organizations on the usage of different AI applications in their organizations. Research limitations/implications This study mostly deals with the legal, social and business-related issues arising due to the advancement of AI technology. The study does not penetrate the technological aspects and algorithms used in AI applications. Policymakers, government agencies and private entities, as well as practitioners could take the help of the recommendations provided in this study to formulate appropriate regulations to control the usage of AI technology and its applications. Originality/value This study provides a comprehensive view of the emergence of AI technology and its implication on human rights. There are only a few studies that examine AI and related human rights issues from social, legal and business perspectives. Thus, this study is claimed to be a unique study. Also, this study provides valuable inputs to the government agencies, policymakers and practitioners about the need to formulate a comprehensive regulation to control the usage of AI technology which is also another unique contribution of this study.

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“…While scholars have examined the influence that civil society and local human rights organizations have on shifting human rights practices (Murdie & Davis, 2012; Etuvoata, 2020; Tocci et al, 2011), this article proposes a new theory to examine how external factors affect norm compliance within institutions. I begin by examining Finnemore and Sikkink’s (1998) norm cycle and develop a theory that expands on the norm cycle by examining human rights norm development within state institutions.…”

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confidence: 99%

Does the Inter-American Court of Human Rights affect the development of human rights norms in El Salvador, Honduras and Guatemala?

Martinez

2023

International Studies

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Honduras, Guatemala and El Salvador have struggled to adopt measures of accountability and support for human rights norms since the end of the civil conflicts in the region. Many victims and activists have taken their cases to the Inter-American Court of Human Rights to gain reparations and accountability. How effective is the Inter-American Court of Human Rights at advancing human rights norms related to the cases it examines? I examine this question by developing the ‘domestic norm cycle’ theory, which extends Keck and Sikkink’s (1998) norm cycle theory. This theory captures how the ‘internalization’ of a norm takes place by examining political institutions. I argue that we can observe various stages of the ‘domestic norms cycle’ to examine how close or far the state is to fully adopting the norm. Although this article examines the levels of compliance with the Inter-American Court of Human Rights on El Salvador, Honduras and Guatemala, this theory can be applied to examine how external factors influence the development of human rights norms. This study has significant implications for how we observe support for human rights practices.

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Towards Improved Compliance with Human Rights Decisions in the African Human Rights System: Enhancing the Role of Civil Society

Cited by 3 publications

References 21 publications

The Joint Ministerial Decree (SKB) of Islamic Defenders Front (FPI): Quo Vadis The Rule of Law and Human Rights?

The Joint Ministerial Decree (SKB) of Islamic Defenders Front (FPI): Quo Vadis The Rule of Law and Human Rights?

Evolution of artificial intelligence and its impact on human rights: from sociolegal perspective

Does the Inter-American Court of Human Rights affect the development of human rights norms in El Salvador, Honduras and Guatemala?

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