Human rights and corruption: Problems and potential of individualizing a systemic problem

Conquest, Tyranny, and Ethnocide against the Oromo:A Historical Assessment of Human Rights Conditions in Ethiopia, ca. 1880s–2002 Mohammed Hassen This article attempts to assess the human rights conditions of the Oromo people under four Ethiopian regimes. Beginning with the conquest and incorporation of Oromia into the Ethiopian empire, it provides an overview of the brutality and depredations that Oromos suffered at the hands of Ethiopian soldiers and administrators under Menelik (r. 1880s–1913) and the concerted attacks on the Oromo cultural heritage, language, and national identity during the six decades when Haile Sellassie dominated the Ethiopian political landscape (1916–74). Then it examines the violence against the Oromo national identity and the attempt to alter the demographic makeup of Oromia by the Ethiopian military-socialist regime (1974–91) and the massive human rights violations perpetrated against the Oromo since 1992 in the name of democracy and federalism. In all, the article shows that for more than a century, the Oromo have endured unrelenting attacks on their individual rights, their national identity and cultural institutions, and their independent organizations. Ethiopia has yet to produce a government that respects Oromo human rights. Before I proceed, a few caveats are in order. First, the definition of human rights varies depending on cultural, historical, political, economic, and ideological considerations. In this article, I will follow the definition of Mahmood Monshipuri: [End Page 15] The concept of human rights . . . refers to . . . civil and political rights; rights to life, privacy, a fair trial, humane treatment, prohibition of torture and slavery, freedom of movement and residence; the right not to be arbitrarily arrested or detained; freedom of association, political participation, and equal protection under the law.2 Second, "Historians, in general, are most at home when dealing with events that have been allowed to settle over time."3 It is easier to discuss Oromo human rights conditions before 1991, an era that belongs to history, than in the period since 1991, a highly contested period of history in the making. As I have noted elsewhere, "the present is an emotionally charged psychological moment."4 While it is possible to present a relatively objective picture of Oromo human rights conditions based on the record produced by both Ethiopian and foreign writers,5 one cannot escape being accused of exaggerating the Oromo people's plight and indulging in anti–Tigrayan People's Liberation Front (TPLF) propaganda. My purpose is nevertheless to document the human rights conditions of the Oromo as a scholar loyal to the canons and standard practices of my discipline. If this article encourages others to write about human rights conditions in Ethiopia, its purpose will have been served. Third, the Oromo do not have influential friends in positions of power among Western governments and the Western media. Diaspora Oromos do not have the numerical strength and resources necessary to capture the attention of either the governments or the media. Consequently, the sufferings of the Oromo have received little international attention. The apparent Western indifference to the misery of the Oromos has encouraged the TPLF authorities to continue their Oromo human rights violations with impunity. I believe my duty to the victims of human rights violations is "to record their plight so that they are not forgotten by history, and that history is not rewritten to conceal or distort embarrassing facts."6 This article is an attempt to contribute in a small way to the effort of recording the past in its totality so that future generations will not have to relive their tortured past. Space does not permit me to provide a thorough account of human rights conditions in Ethiopia between the 1880s and 2002. Instead of a detailed discussion, I will outline the salient features of the human rights conditions experienced by the Oromo people [End Page 16] during the century after Menelik's conquests in the 1880s, and I will focus especially on the period after 1991. Conquest, Exploitation, and Deculturation: The Imperial Period, 1880s–1974 During the second half of the nineteenth century, the steady flow of European warfare technology into Abyssinia and its virtual absence from Oromia facilitated and increased Abyssinian raids for slave and cattle into Oromo territory. This...

This paper focuses on human rights violation ,societal abuse and the language used in perpetrating these vices in Cross River State, Nigeria. Human rights in the state are particularly violated through child-trafficking, child-abuse, spousal rights and rights in the work-place. Child-trafficking is rampant in certain Local Government Areas (LGA) of the state, such as Yakurr and Calabar South. Although this is also a form of child-abuse it was discovered that the latter is highlighted in the home where children are used for labour and invariably denied access to education. Spousal rights are also reflected in the home where the wife is subjected to a ‘policy’ of lack of freedom to a job, further education etc by her husband. It was also observed that corruption was a harbinger of human rights violation, particularly in the civil service. Language use in persuasion and coercion play an important role in how successful these violations are carried out. However, government through its agencies, such as the National Agency for the Prohibition of Traffic in Persons and Other Related Matters (NAPTIP) has been active to some extent in curbing these violations. It is hoped that this paper, will help to galvanize further action and interactions on the subject of human rights in Cross River State in particular and Nigeria in general. DOI: 10.5901/mjss.2015.v6n1s1p210

The adoption of the United Nations (UN) Charter in 1945 marked the legalization of international human rights. Despite the legalized status of human rights, their violation by states is not uncommon. This article questions why a state might violate international human rights. Analyzing this issue from an economic perspective, this article advances regulatory arbitrage theory to rationalize a state’s violation of human rights. It discusses regulatory arbitrage-type behaviors among state actors that derogate from the obligations to respect, protect, and fulfill human rights. Defending state sovereignty, minimizing regulatory or compliance costs, and prioritizing economic achievement are identified as rational arbitrage actions that circumvent international human rights. We call for competent and credible governance mechanisms that can increase the cost of arbitrage, to disincentivize state violation of international human rights.

Background: Food is an important part of nursing care and recognized as a basic need and a human right. Nutritional care for older adults in institutions represents a particularly important area to address in nursing education and practice, as the right to food can be at risk and health personnel experience ethical challenges related to food and nutrition. Objective: The present study investigates the development of coursework on nutritional care with a human rights perspective in a nursing programme for first-year nursing students and draws upon reflections and lessons learned. Research design: The study utilized educational design research. The coursework, developed through two rounds, combined on-campus learning and clinical placement in nursing homes. Nursing studentsʼ perspectives and experiences gathered through focus groups and a written assignment informed the development and evaluation of the coursework. Participants and research context: In the first round, multistage focus group interviews were conducted with 18 nursing students before, during and after placement. In the second round, four focus group interviews with 26 nursing students were conducted shortly after placement. Ethical consideration: The study was approved by the Norwegian Centre for Research Data. Findings: Three main ʽlessons learnedʼ emerged regarding introducing a human rights perspective in nursing education: 1) the contribution of the human rights perspective in changing the narrative of ʽvulnerable and malnourished patientsʼ, 2) the importance of relationships and experiences for learning about human rights and 3) the benefit of combining development of ethical competence with a human rights perspective. Conclusion: A human rights perspective enabled the students to give meaning to nutritional care beyond understanding of food as a basic physical need. Incorporating human rights in nursing education can support nursing students and nurses in recognizing and addressing ethical and structural challenges and being able to fulfil the right to food for patients.

The growing numbers of terminally ill and dying in prison has high economic and moral costs as global correctional systems and the society at large. However, to date little is known about the extent to which palliative and end-of-life care is infused within global prison health care systems. The purpose of this paper is to fill a gap in the literature by reviewing and critically appraising the methods and major findings of the international peer-reviewed literature on palliative and end-of-life care in prison, identify the common elements of promising palliative and end-of-life services in prison, and what factors facilitate or create barrier to implementation. A content analysis was conducted of the existing peer-reviewed literature on palliative and end-of-life care in prison. English-language articles were located through a comprehensive search of peer-reviewed journals, such as Academic Search Premier Literature databases using differing combinations of key word search terms, "prison," "palliative care," and "end-of-life care." A total of 49 studies published between 1991 and 2013 met criteria for sample inclusion. Deductive and inductive analysis techniques were used to generate frequency counts and common themes related to the methods and major findings. The majority (n=39) of studies were published between 2001-2013 in the USA (n=40) and the UK (n=7). Most were about US prison hospice programs (n=16) or barriers to providing palliative and end of life care in prisons (n=10). The results of the inductive analysis identified common elements of promising practices, which included the use of peer volunteers, multi-disciplinary teams, staff training, and partnerships with community hospices. Obstacles identified for infusing palliative and end-of-life care in prison included ethical dilemmas based on custody vs care, mistrust between staff and prisoners, safety concerns, concern over prisoners' potential misuse of pain medication, and institutional, staff, and public apathy toward terminally ill prisoners and their human rights to health in the form of compassionate and palliative care, including the use of compassionate release laws. Implications for future research that foster human rights and public awareness of the economic and moral costs of housing the sick and dying in prisons. More research is needed to document human rights violations as well as best practices and evidence-based practices in palliative and end-of-life care in prisons. Future studies should incorporate data from the terminally ill in prison, peer supports, and family members. Future studies also should employ more rigorous research designs to evaluate human rights violations, staff and public attitudes, laws and policies, and best practices. Quantitative studies that use experimental designs, longitudinal data, and multiple informants are needed. Qualitative data would allow for thick descriptions of key stakeholders experiences, especially of the facilitators and barriers for implementing policy reform efforts and palliative care in prisons. Practical implications - This review provides a foundation on which to build on about what is known thus far about the human right to health, especially parole policy reform and infusing palliative and end-of-life care for the terminally ill and dying in prisons. This information can be used to develop or improve a new generation research, practice, policy, and advocacy efforts for that target terminally ill and dying in prison and their families and communities. There are significant social implications to this review. From a human rights perspective, the right to freedom from torture and cruel and unusual punishment is a fundamental human right along with prisoners' rights for an appropriate level of health care. These rights should be guaranteed regardless of the nature of their crime or whether they are in a prison placement. The information provided in this review can be used to educate and possible transform individual's and society's views toward the terminally ill and dying who are involved in the criminal justice system. This paper extends the extant literature by using both quantitative and qualitative analysis methods to organize, summarize, and critically analyze the international literature on palliative care and end of life care in prison. This review is designed to increase awareness among the international community of the pain and suffering of the terminally ill in prison and the facilitators and barriers to providing them compassionate care while in custody.

Age restriction in applying for a job becomes an essential issue when it causes discriminatory consequences for job seekers, especially if it is caused by the provisions of Article 35 paragraph (1) of Law Number 13 of 2003 concerning Manpower which is considered vague so as to provide a legal loophole for discriminatory actions in providing employment opportunities by employers. The purpose of this study is to examine the vagueness of norms in Article 35 paragraph (1) of the Manpower Law and human rights issues in limiting the age of applying for a job. Examining the problems from the existing laws and doctrines, this research uses normative research methods with the focus of the study is on the norms governing the age restriction of job applications in terms of human rights perspectives and concepts. The results show that the purpose of Article 35 para-graph (1) does not provide an opportunity for discrimination but as a form of flexibility related to determining labor needs. The age limit for applying for a job is not a violation of human rights when viewed from the perspective of the main principles of human rights. The determination of age limit criteria is not specifically regulated and is not prohibited by positive legal provisions in Indonesia so that it cannot be said to be a form of discrimination in providing employment opportunities.

This chapter explores the role of human rights as an integral component of 'governance for sustainable development' system and practice. It analyses the evolving relationship between sustainable development and the human rights framework, and its implications for governance practices. The chapter argues that governance arrangements are important tools for realizing sustainable development and human rights. The legally binding human rights regimes especially are also governance regimes. This is a position underpinned by the commitment of all states to global human rights instruments and/or to sustainable development presented in the United Nations' Agenda 2030 which includes the Sustainable Development Goals (SDGs). While there are still numerous human rights and sustainable development deficits in all parts of the world, international law confirms that both notions are relevant for, and require action by, states at all stages of development and in all circumstances. This means that states are duty-bearers for sustainable development and human rights, and are responsible for building an enabling environment for the actual enjoyment of human rights. Besides providing substantive orientation, the core global human rights treaties also create monitoring opportunities and are a basis for holding duty bearers to account. The fourth section explores the implications of a human rights perspective for governance practices related to natural resource management and finds that participation and benefit-sharing are central concerns in this regard. The potential practical consequences of benefit-sharing requirements are illustrated in a short account of the Saramaka Judgement of the Inter-American Court of Human Rights delivered in 2007, which relates to natural resource exploitation in tribal territory in Suriname and gave rise to the formulation and application of the notion of reasonable benefit-sharing. The chapter closes with a few concluding remarks reflecting on the main insights gained from the analysis of the relevance, content and implications of a human rights perspective on governance for sustainable development.

At least participants of the human rights discourse intuitively tend to think about human dignity when hearing the word ‘dignity’, but about national or public security when hearing a reference to ‘security’. Thereby dignity tends to have a positive connotation in human rights circles, while security may primarily be seen as a threat to the full enjoyment of human rights. A closer look into the two notions will, however, reveal that both dignity and security will require a nuanced treatment when addressed in a human rights perspective. In this brief chapter it is suggested that a human rights approach to combating terrorism emphasises both human dignity and human security as the proper way to frame the discourse. The chapter will address these two concepts and discuss their relevance in the fight against terrorism, ending by linking the two notions also to the definition of terrorism. Here, the author relies upon Immanuel Kant’s appeal to reason and his formulation of the categorical imperative as a maxim that any rational person must never treat another human being as mere means but always also as an end.

Human rights law is a powerful legal tool to protect health, including tobacco control. The International Covenant on Economic, Social and Cultural Rights (IESCR) obliges States to produce results and is enforceable. Although a human rights approach would have many advantages for Latin American tobacco control, it has not been appropriately used for advocacy purposes yet. Human rights law is a powerful legal tool to protect health, including tobacco control and smoking cessation. Therefore, I appreciate this article by Meier et al. [1]. I will briefly comment on some additional aspects, both generally and as they relate to the current situation in Latin America. Are human rights enforceable? In theory, yes. Human rights are inherent to human beings and empower individuals (rights holders) to demand that States (duty holders) comply with the obligations of those rights. However, an “artificial” contrast has been raised about differences in enforceability between civil and political rights (e.g. the right to life, liberty, property, etc.) and economic, social and cultural rights (ESCR), related to living conditions and access to material and cultural goods (including the right to health). Civil and political rights confer an obligation of results and no one disputes they are enforceable. ESCR confer obligations of means or behaviour and can be viewed as enforceable only to the extent that the State has sufficient resources; they are, therefore, often regarded as “expectations” [2]. For most Latin American law, the fact that ESCR must be fulfilled according to the available resources does not imply they are not enforceable. The obligation to use “the maximum” of the “available resources,” together with the obligation of progressive satisfaction and the need to the results to the appropriate technical or political standards, would make ESCR enforceable. In addition, international law imposes a fundamental rule: pacta sunt servanda, which means that “contracts are to be fulfilled.” Traditionally, the human rights State obligations were classified into positive obligations (to carry out certain activities leading to compliance; in the case of civilians and politicians) and negative obligations (to refrain from actions that violated them; in the case of ESCR). Currently, the Van Hoof classification describes three types of human rights State obligations: to respect (refrain from interfering directly or indirectly), to protect (take measures to prevent third parties from interfering), and to comply (adopt all legislative, administrative, budgetary and other measures appropriate for its realization) [2]. Although ESCR are considered enforceable rights, they are threatened by the doctrine, linked to economic liberalism, which aims to make the State cheaper, often at the cost of social policies. Additionally, although a human rights approach would have many advantages for Latin American tobacco control, this approach has traditionally not been used by tobacco control advocates, but by rather by the tobacco industry (e.g. arguing freedom of expression violation) to attack tobacco control policies [3]. A human rights approach currently has limited relevance for tobacco control policies in Latin America. As Meier et al. point out, human rights law has a prominent role in political and regulatory discourses, and some countries have already established a connection between tobacco control and the fundamental right to health. Because most Latin American countries belong to the civil law tradition, controlling private actors through civil liability litigation is underdeveloped. However, Latin America also has a strong tradition of controlling State action through fundamental rights litigation. Likewise, the Inter-American Human Rights System provides a way to demand human rights State responsibility. Although the current relevance of a human rights approach in Latin America may be limited, it seems a promising approach that ought to be explored [2]. None. None.

The work is devoted to the concept of human rights and freedoms in the context of globalization. The concept of the human dimension of globalization, the factors influencing the content of human and peoples' rights and freedoms are analyzed. In particular, human rights standards in the field of modern information technologies have been determined. It is determined that the transformation of society is due to the development of the information society and the gradual transition to a knowledge society, the impact of digitalization on all social processes. The active use of digital technologies in various spheres of life has led to the question of the need and sufficiency of human and civil rights and freedoms, and highlighted the concept of digital human rights and freedoms. Summarizing different approaches, it is determined that the globalization of human rights is a process of influencing human rights of various factors and factors of international importance (political, social, economic, information, etc.) in individual countries; the interdependence of the social status of the individual from the life of peoples and humanity as a whole and vice versa; it is the universalization of positive world experience in the field of human rights, recognition and consolidation of the universal status of human rights and freedoms, their protection at the international level. It is analyzed that personal rights and freedoms are known to be inseparable from the security of man, society and the state. Under these conditions, the problem of finding a balance between the protection of privacy, including information privacy, and the need to protect information and national security becomes relevant. That is, in the conditions of the rule of law and the development of the information society, restrictions on the arbitrary treatment of human rights, in particular in the information sphere, should be legally defined. This problem has become significantly more relevant in the current context of digital transformation and the introduction of an emergency situation related to quarantine and restrictive measures, which has helped to identify a number of important issues that need urgent attention. The transformation of society is due to the development of the information society and the gradual transition to a knowledge society, the impact of digitalization on all social processes. The active use of digital technologies in various spheres of life has led to the question of the need and sufficiency of human and civil rights and freedoms, and highlighted the concept of digital human rights and freedoms.
 Digital rights include fundamental rights, such as freedom of expression, privacy, the right to information, the right to participate in public affairs, etc., and such as the right to be forgotten, the right to anonymity, or even the right to the Internet. .
 The modern scientific literature identifies and explores such new rights as the right to be forgotten, the right to anonymity, the right to personal data protection, the right to digital education and access to digital knowledge; rights related to the protection of genetic information; the right to participate in the turnover of property in the digital sphere, etc. It is noted that the right to privacy, which is one of the main rights that embody human freedom in its negative sense, ie freedom from outside interference, is particularly vulnerable in the digital transformation era. The right to education is also actively developing in the digital age. A new right has been defined - the "right to digital death". Attention is paid to the group of digital rights, which are designed to ensure the implementation of constitutional principles in the democratic system of our state, so the category of "electronic democracy" is firmly in modern constitutional and legal usage. It is concluded that ensuring security in the information and communication environment is becoming a priority area of ​​scientific and technical activities, requiring significant attention and efforts from man, society, government agencies and legal science of the state.

Introduction The right to development is the right of individuals and peoples to an enabling environment for development that is equitable, sustainable, participatory, and in accordance with the full range of human rights and fundamental freedoms. Such an environment is free from structural and unfair obstacles to development domestically as well as globally (UN High Level Task Force 2010). The current scale and severity of global poverty provide a jarring contrast and add urgency to efforts to attain the sought-for enabling environment. In light of this, this chapter discusses the key attributes of the right to development from a human rights perspective, considering its conceptual and legal bases. As such, it particularly examines social justice; participation, accountability, and transparency; and international cooperation. It gives special emphasis to the legal framework of the right to development, examining the extent of the state duties to respect, protect, and fulfill the right to development at a national and international level. Considering the 1986 Declaration on the Right to Development as a dynamic, living instrument of enduring value in addressing current and emerging challenges central to development, this chapter concludes by highlighting the contemporary challenges and perspectives of the implementation of the right to development, inspired by the human rights-based approach to development and a development approach to human rights.

The notion of structural violations of human rights is increasingly gaining currency in international human rights arenas. Structural violence yields a complex picture of inequality in terms of social, economic, political and human rights arenas. The study intended to understand the extent of structural violence with a special reference to the state of human rights of the women of the marginalized communities Bihari, Garo and Ahmadiyya in Bangladesh. The study employed a qualitative approach, applying a case study technique that dealt with three women of these communities and aiming to substantiate structural violence in relation to human rights perspectives. The study revealed that the women of the three marginalized communities experienced diverse forms of violence, including psychological, physical, sexual, etc., that violated their human rights. There was also a failure to restore their peace and security. The theory of structural violence provides a useful framework for understanding the structural inequalities that systematically deny marginalized communities, especially women of these communities, from achieving basic human rights in their daily lives.

For a long time, development is solely measured by the rate of economic growth. Measuring the success of development by simply referring to economic growth contains many flaws because it ignores the fairness of income distribution which resulted in a large gap between the rich and the poor. Various adverseefiects of growth-orienteddevelopmenthave prompted the emergence ofnew thinking to rectify the definition of development. The new thinking led to the expansion ofa definition of human-centered development, as defined in the oonoept of human rights-based development. In the perspective of human rights, development defined as "human-centered, participatory, and special attention to the vulnerable groups and environment“. Economicgrowth is still needed, but the development process should also ensure equitable distribution, enhancement of human capabilities, and intended to expand the human choices. Currently, the eflbrts to promote a human rights approach in development process are no more than just new concepts on paper rather than implementation. Therefore, there must be a joint eflbrt and commitment to fundamentally change the development paradigm. This MPSEI study in human rights perspective is an qfirt to ask jbr a commihnent from state oflicials to integrate human rights-based approach to Indonesia development. This ejjbrt shall be done continuesly to promote human rightsas a main development perspective, as well as theend and the means ofdevelopment.

This research aims to explore the legal and human rights implications of capital punishment, particularly in relation to the right to life as enshrined in international human rights law. The study critically examines the compatibility of the death penalty with contemporary human rights principles, focusing on its application across different legal systems. A qualitative research methodology, utilizing a systematic literature review, was employed to analyze existing scholarly works, legal documents, human rights reports, and case law related to the death penalty. The research identifies key themes such as the ethical concerns surrounding the irreversible nature of capital punishment, its lack of deterrent effect, and the racial and socioeconomic biases inherent in its application. Additionally, the study investigates the psychological and social consequences of capital punishment, including the emotional toll on both the condemned individuals and society. The findings reveal that while some countries continue to justify the death penalty, a growing global trend towards abolition is evident, fueled by concerns over human rights violations and the risks of wrongful convictions. Furthermore, the research supports the argument that the death penalty is increasingly incompatible with modern human rights standards, particularly as international legal frameworks continue to evolve. This study contributes to the broader debate on capital punishment, offering insights into its ethical, legal, and social dimensions, and calls for continued advocacy for its abolition in favor of more humane forms of justice.

Ensure legal certainty in the community, is to publish or assign relevant laws. Law is a rule in the form of norms and sanctions, created with the purpose of regulating human behavior, maintain order, justice, and prevent chaos. Each masyarat, is entitled to obtain a defense before the law. Law can be interpreted as a statute or statutes / regulations written or unwritten to regulate people's lives and provide sanctions for violating it. Man, born in any parts of the world, legally own rights to live. Enforcement of Human (HAM), irrespective of economic status, education, gender, race and other. The concept of human rights, which spearheaded UN Human Commission of Human gave birth to seventeen points stated in the declaration. The declaration or agreement Universal Declaration of Human Rights has been ratified by the Indonesian government through Law No. 39 of 1999 on Human Rights. The spirit of this law, is to exalt the dignity, the dignity of the nation in the hope away from the offense. Because the real human rights will not be traded, and can not mebatasi others outside corridor applicable law. Human rights perspective in the community, is still far from the expected. Legal product is considered to have many loopholes that affect law enforcement is not working as it should. Increased commitment of the Indonesian government in realizing human rights enforcement in the future, is expected to be more serious As social beings, should be able defend themselves and fight for their rights. Furthermore, it should be able to respect and preserve the rights of others. The government has time to open your eyes wide to be cases of human rights violations in Indonesia, or Indonesian citizens abroad. Doi: 10.22216/jit.2014.v8i4.10