70 Years Later: Lights & Shadows of Human Rights

By Agnese Olmati

Today, on December 10, 2018, the Universal Declaration of Human Rights celebrates its 70th anniversary. After seven decades and many achievements, it is certainly important to honour the document which became a major milestone for the history of human rights and is now regarded as a yardstick by all nations. However, it is also necessary to highlight that the UDHR is not all black and white, as well as the declarations it inspired, like for example the European Convention on Human Rights (1953) or the Charter of Fundamental Rights in the European Union (2009).
All these papers, their articles and their words demonstrate the states’ commitment to the protection of human rights but, despite this, it is clear that today, nations and the institutions created to protect those rights are often failing. A simple example? Even if the three above-mentioned declarations prohibit slavery, servitude, forced labor and the trafficking of human beings, all these can still be found in many countries around the world and around Europe[1].

The practical failure in the protection of human rights is now of great concern especially in Europe, where these rights are some of the main principles on which the European Union was built. Recent events have questioned the willingness of Europeans to actually support other people to be able to enjoy their same human rights and have shown the difficulties the EU encounters in guaranteeing the fruition of these rights to its citizens, thus challenging the accomplishment of the entire European project.
But flaws do not only concern the practical protection of human rights. Considering the theoretical aspect, there are several obstacles in the understanding and consequent application of the UDHR. Continue reading “70 Years Later: Lights & Shadows of Human Rights”

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Why the “I” in “India” Stands For “Identity”

By Nikhil Verma

The Hidden Indian ‘Apartheid’

In October 2015, two three-year-old kids were set on fire and torched inside a house along with eight adults of the same family in the Indian town of Ballabgarh, Haryana. [1]
Similarly, in 2010, a polio-stricken teenage girl was torched while she was sleeping, her elderly father who went to save her was also locked by an upper-caste mob until both of them were charred to death. The spokes of the rusty handicap tricycle which was meant to assist the polio-ridden condition of the obliterated girl laid darkened in the corner. These are not excerpts of stories from Auschwitz, these are everyday stories from Modern India – so-called progressive India.
These are narratives of caste-based violence and atrocities which occur without any fear of prosecution in India. In both stories, the perpetrators belonged to ‘Upper-Caste groups” i.e. the ‘Caste Elites of India’, whereas both the families on the receiving end belonged to the most socially stigmatised community of Indian society – “The Untouchables” which are now mostly recognized as “Dalits”. The word ‘Dalit’ means ‘broken’ or ‘oppressed’ (recognized as Scheduled Castes & Scheduled Tribes under the Indian Constitution).

In India, such heinous crimes against ‘Dalits’ are not an exception but rather a norm. Moreover, such crimes are committed with impunity which is made evident by the conviction rate which stands at 5.3%.[2] ‘Dalits’ cover almost one-fifth of the Indian population with 200 million people which is bigger than the combined population of Germany and France. Such a large population experiences caste discrimination in forms of sexual assault, physical violence, forced prostitution, manual scavenging, and denial of most basic human rights. This is tribalism of the highest order and the international community is not paying enough attention to it.

Despite the fact that caste discrimination is outlawed in India since 1947, it is omnipresent in India and the situation is not showing any signs of progress as the crimes against Dalits have increased by 66% and the rapes of ‘Dalit’ women doubled between 2007 and 2017, according to the Ministry of Home Affairs. Continue reading “Why the “I” in “India” Stands For “Identity””

Has the West forgotten the war in Yemen?

 

Ben Krasa

A country on the brink of a famine. With a population of 27 million, 18 million are in need of humanitarian assistance. Three million have been forced to flee their homes. An estimated 10,000 are dead. Serious allegations of violations of international humanitarian law and human rights law have been made. It is one of the biggest humanitarian crises of the twenty-first century. Yet no one is talking about it. The Yemeni war began with a bang, but has quietly slipped through our media. The occasional news report here and there highlights what horrendous times the country is facing and the suffering endured by what is left of its population. But the crisis is largely ignored by the West.

Surprisingly, a politician who has come under intense scrutiny, Boris Johnson, has been the politician to question Saudi Arabia’s motives and actions in the war. Johnson recently criticised Saudi Arabia’s involvement but quickly came under fire by his own party. Despite having personal views that conflict with the party lines, it is evident that the man who gave the US State Department the biggest smile, is indeed one of the few politicians in the West, who is showing leadership. Despite stating that the party’s views do not align with Johnson’s, some Conservative party figures defended him as well as some from the opposition. Unfortunately, the spotlight will shine on the Yemeni war only if public figures will speak out about the horrific events taking place in Yemen. With Saudi money invested in many powerful Western nations, especially in England and the USA, it is a breath of fresh air that not all politicians turn a blind eye to the silently reported catastrophic war in Yemen. Continue reading “Has the West forgotten the war in Yemen?”

Is It Time To Panic? American Foreign Policy Under Donald J. Trump

Lauren Rogers

“Don’t Panic” has become the motto of the Democratic Party in the days following the 2016 Presidential Election. The surprise victory of the self-described outsider Donald Trump has divided the nation and experts are scrambling to come up with clear predictions of the President-Elect’s future policies. Among his many campaign promises were a bevy of foreign policy goals promising an “America First” foreign policy. But what does this mean?

In dozens of interviews, speeches and debates over the past year, President-Elect Trump has pledged to renegotiate trade deals, take a hard line on China, eliminate ISIS using a Cold-War style strategy and a wide array of other lofty goals. With a Republican House of Representatives and Senate and the potential to influence the make-up of the Supreme Court, President-Elect Trump has the possibility to enact real change at home and abroad. Still, since many of his proposals, especially in the foreign policy realm, have been met with skepticism by veteran members of his own party, the question becomes whether President Trump will be able to unilaterally carry out his vision.

In order to assess what the Trump administration is capable of, we must first look at what foreign policy power the president actually has. The answer to that, as is the answer with many constitutional questions in the US, is very vague. The actual powers delineated in the constitution are as follows: he is the commander in chief; he appoints ambassadors; he can negotiate treaties, and he appoints the Secretary of State. Every President has interpreted these powers differently. President-Elect Trump is fortunate to follow in the footsteps of two presidents who expanded the executive authority over foreign policy decisions immensely.

In light of this, I want to look at three of the most oft-repeated promises Donald Trump has made over the last year and assess whether or not he is capable of fulfilling these promises, and what affects they might have. Continue reading “Is It Time To Panic? American Foreign Policy Under Donald J. Trump”

Why does Ireland have the EU’s strictest abortion regime? Applying and Repealing the Eighth Amendment to the Irish Constitution

 

repeal-8
A mural in Dublin calling for the repeal of the Eighth Amendment to the Constitution of Ireland, which bans abortion.

Eoghan Hughes

With a significant pro-choice victory in Poland as the country’s conservative PiS government performs a U-turn on restricting access to abortion in the case of incest, rape, fatal foetal abnormality and risk to the mother’s life, it is easy to forget that the EU still has one State in which very few of the above constitute a legitimate cause for abortion.

Last year the Republic of Ireland became the first country to legalise same sex marriage through a popular referendum with an overwhelming victory, which seemed to signal a new liberal turn in a country many people across Europe and the world associate with conservative Catholicism. Yet Ireland, despite calls from the EU, the Council of Europe and the UN, has retained one of the most restrictive abortion laws in the world, where fatal foetal abnormalities and rape are not considered legal grounds for the termination of a foetus and where, even in the cases where woman’s life would be endangered by seeing a foetus to term, a woman might be denied the necessary treatment. Enshrined in the Constitution of the Republic of Ireland (Bunreacht na hÉireann) the Eighth Amendment prevents a woman having an abortion because the foetus is considered to have an equal right to life:

“The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.” Continue reading “Why does Ireland have the EU’s strictest abortion regime? Applying and Repealing the Eighth Amendment to the Irish Constitution”

The Public, the Private, and the Privates: Europe’s Abortion Debate against Shifting Backgrounds

 

Sophie van den Elzen

Recurrent images of the masses of women filing through the streets of Europe’s capitals remind us that the conflict over whether to prioritize women’s right to choose or a fetus’ right to live is one at the heart of many major social debates. Not only does it chafe at the junctions between social progress and tradition, individualism and normativity, encouraging women to exercise their right to self-determination and protecting sacralized family life; the issue also serves as a pin on which politicians hang the canvases they paint of ‘their’ nations as either traditionalist religious countries respectful of their past (such as Poland under PiS) or liberal countries  pragmatically looking to the future (e.g. The Netherlands under VVD).

With Europe’s eyes glued to those countries with the most ostensibly hostile public opinions to the right to legal abortion, it is perhaps also important to glance over at those in which a woman’s right of choice is most firmly established. Continue reading “The Public, the Private, and the Privates: Europe’s Abortion Debate against Shifting Backgrounds”