By guest contributors Swetha Somu and Sanigdh Budhia, students at Gujarat National Law University.
INTRODUCTION
The recent case of Milieudefensie et al. v Royal Dutch Shell has shifted the focus back to the dilemma of whether private corporations are outrightly liable for infringing human rights, as defined under the international laws and treaties, or whether only the state is liable for the actions of private corporations under its jurisdiction. The Hague District Court, in this case, ordered a private company, Royal Dutch Shell (RDS), to decrease its net emissions by 45%, in relation to the 2019 levels, by 2030 in line with the Paris Agreement.
Generally, states are held accountable for any violation of private corporations as corporations aren’t recognized as legal subjects. However, there’s a recent shift in the view that corporations are also subjects of international law since they are also contributors to it, even though there is no “hard” law in the form of treaties or conventions that legally bind...
By Atika Chaturvedi, a third year law student at National University of Study and Research in Law at Ranchi, India.
As the world came to a standstill, the shock of the lockdown rippled through the various strata of society. The proliferation of COVID-19 in 2020 left the daily wage earners around the world scraping for money and struggling for survival. One such group was sex workers. Albeit, various South Asian governments formulated covid-relief packages, most of them left out sex workers out of the ambit of such packages. Article 1 of the Universal Declaration of Human Rights, which affirms that all human beings are born free and equal in dignity and rights, and Article 3, that guarantees everyone the right to life, liberty and security of person, were denied to the sex workers as they were not only curtailed from earning their livelihood, but were also rendered ineligible for the relief packages. They were stripped off of the chance of continuing...
By Noah Smith, RightsViews staff writer.
Promoting Corporate Accountability and Indigenous Women’s Rights was a five-year project implemented by Amnesty International (Amnesty) Philippines under the larger global Education, Empowerment, Justice (EEJ) Program, which ran from 2013 to December 2017. The EEJ program was coordinated by Amnesty Norway with the goal of reinforcing basic human rights of people across the world and contributing to greater justice for thousands of human beings through human rights education and empowerment initiatives. Since its inception in 2013, the project distinguished itself in such a way by coalescing women’s empowerment within a framework of corporate accountability; courageous in its attempts to change the balance of power in three exceedingly patriarchal indigenous communities; and undaunted in targeting governance structures to perform their state obligations to protect, respect, and fulfill indigenous communities’ rights.
The project was implemented in the Caraga Region which is an administrative region in the Philippines occupying the northeastern section of the island of Mindanao. It is...
By guest contributor Ayush Kumar*
Globalisation has caused the emergence of new technologies that facilitate trade and transport, making business more rewarding. A negative ramification of this change is the proliferation of cross-border human trafficking. The UN Office of Drugs and Crime (UNODC) defines Human Trafficking as the “recruitment, transportation, transfer, harbouring, or receipt of people through force, fraud, or deception, intending to exploit them for profit.” Men, women, and children of all ages and from all backgrounds can become victims of this crime, which occurs in every region of the world.
There are nearly 36 million victims of human trafficking in the world, out of which two-thirds are from Asia, making it the third-largest crime in magnitude and profit after arms and drug trafficking. With Covid-19, the situation is anticipated to turn grimmer.
Open Borders: A Facilitating Factor
Nepal is an indispensable neighbour of India because of its cultural, historical, and economic connections. It also holds a vital place in India’s foreign policy...
By guest contributor Reigha Yangzom, an incoming LL.M. candidate at School of Oriental and African Studies, London.
Background
The United Nations has described the Rohingyas as the most persecuted minority in the world. The gross human rights violations and persecution faced by the Rohingyas have led to thousands of Rohingyas fleeing Myanmar to escape alleged genocide and crimes against humanity. The Rohingya population that remains in the Rakhine state of Myanmar are denied citizenship, disenfranchised, subjected to widespread atrocities such as torture, enforced disappearances, rape and mass killings. They are denied access to adequate food, healthcare, education, employment, land ownership, religious freedom and freedom of movement. The Independent International Fact-Finding Mission on Myanmar established by the Human Rights Council of the United Nations have provided detailed reports on the threats of genocide and other serious crimes against the Rohingyas.
On 23 January 2020, the International Court of Justice (ICJ), in the case of The Gambia v. Myanmar took cognizance of the imminent danger faced by...
By guest contributor, Ayush Kumar is a law student at Dr. Ram Manohar Lohiya National Law University, India.
On the 13th of March, as a gesture of accountability, Jordan’s health minister resigned after six Covid-19 patients died due to lack of oxygen at a hospital ward. Accountability is the linchpin of a
functional democracy as it compels a State to explain what it is doing and how it is moving forward in times of crisis. In the past few weeks, India has faced a massive oxygen shortage as the healthcare infrastructure collapsed like a house of cards due to exponentially rising cases of Covid-19. Alone in the capital city, twenty-five patients died due to the shortage of oxygen on 24th April.
The government’s inadequacy in providing healthcare facilities to its people is a serious violation of their human right to health. Patna High Court’s division bench expressed strong displeasure over the deaths due to oxygen shortage and further stated that lack of adequate...
By guest contributors Namrata Rawat* and Rishav Devrani.*
February 1, 2021, the world witnessed Myanmar succumbing to a military coup after a 5-year run of a democratically elected government. The coup happened on account of alleged fraud in the 2020 elections wherein the National League for Democracy (NLD) Party, headed by Aung San Suu Kyi saw a landslide victory with 83% votes in its favour. Myanmar, currently under a year-long state of emergency, would be under military rule. The coup d’état has been condemned by countries and international organisations across the globe, who have called it a serious blow to democratic reforms. However, this state of events is not unprecedented, a similar narrative presided over the 1990 election as well. The imposed state of emergency is provided for under Section 417 of the Constitution of Myanmar. It becomes pertinent to discuss this as a military rule can have unavoidable violations of human rights across the country. In this article, the authors...
By guest contributors Harsh Mahaseth* and Ishita Goel*
Although homosexuality is legal in most parts of Indonesia, it is widely believed that the unitary state of the Republic of Indonesia is anti-lesbian, gay, bisexual, and transgender (LGBT), with government officials making the four-letter acronym a toxic symbol.
In November, Indonesian police arrested Millen Cyrus, a trans-woman Instagram influencer, for alleged drug possession. Police placed her in a male detention cell at the Tanjung Priok Port Police Station, a move that received criticism from Indonesians and the international community. Millen Cyrus was arrested on November 22, 2020, after police raided her hotel room and discovered 0.36 grams of crystal methamphetamine in her possession. Police revealed later that Cyrus had been placed in a male detention cell because her I.D card identified her as a male. She was moved to a special cell following public outrage, not because police realised their mistake. They removed her from the male detention cell in order to “stifle anger,”...
By guest contributors Saba Kohli Dave* and Namrata.*
In the wake of the historic farmer’s protests in India, on February 8th, India’s Prime Minister Narendra Modi, hailing from the country’s contentious Hindu nationalist Bharatiya Janta Party (BJP), compared protestors to parasites in Parliament. This politically motivated comparison comes as no surprise as there has been a steady state-led crackdown on those asserting civil rights and liberties through protest. However, the state made a miscalculation when it promulgated three agriculture-related ordinances in June 2020, which were passed in Parliament under controversial circumstances in September 2020. Since November, farmers across India have been the major voices of dissent, outraged at laws that were passed without their consultation.
Why are the farmers protesting?
The 3 farm laws were passed blurring legal and constitutional lines. The bills were arrived at without pre-legislative consultation, tabled without scrutiny, and passed through a dubious “voice vote.” They have been perceived by a majority of farmers as the government abrogating its...
By Kelly Dudine, a staff writer at RightsViews and a graduate student in the Human Rights MA Program
Globally, girls and women are simultaneously among the most overworked and most impoverished populations. Entire economies thrive due to the unrecognized and undervalued labor of women, including household work, care work, and informal and low-wage labor.
During the continuation of the COVID-19 pandemic, girls and women stand to lose even more. Women in varying levels of employment are now struggling to maintain dignified work, and many fear the loss of income more than the pandemic itself. “During the first lockdown, all the artisans were tense about not having enough orders to work and feared not getting paid,” said Rosna Kafle, Chair of the Kopila Valley Women’s Cooperative in Surkhet, Nepal.
The Cooperative employs some of the most vulnerable women in the community with work as tailors and weavers. Before the Cooperative, many of the artisans were unemployed, or performed hazardous work, like breaking stones or...
