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Journal articles on the topic 'Human Rights Impact assessment'

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Published: 4 June 2021
Last updated: 16 February 2022

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1

Kemp, Deanna, and Frank Vanclay. "Human Rights and Impact Assessment." Impact Assessment and Project Appraisal 31, no. 2 (June 2013): 85. http://dx.doi.org/10.1080/14615517.2013.791507.

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2

Amaliyah, Anita, and Ika Riswanti Putranti. "Human Right Impact Assessment (HRIA): The Importance Of Community Involvement In International Agreement." JURNAL ILMU SOSIAL 1, no. 1 (February 2, 2020): 1–21. http://dx.doi.org/10.14710/jis.1.1.2020.1-21.

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In the growing international agreements as a consequence of Indonesia’s wider participation in the global community, the existence of free market harms the domestic industrial sector, especially to the community. The number of treaties which have been ratified by the government considered as incomparable to the losses incurred, particularly to the possibility of human rights violations of information dysfunction, and the lack of public participation as well as evaluation functions. This study uses a descriptive qualitative approach where data is obtained from primary and secondary data. The purpose of this study is to find out the conceptual and practical considerations faced in the possibility of violations of human rights. Moreover, the article also addresses the form of diplomacy carried out by the public regarding several government policies in the Free Trade Agreement and its relations to human rights. The study suggests that the government must guarantee human rights by involving affected communities as a form of collective understanding. Furthermore, the government must also monitor, evaluate, assess, as well as strengthen the communication from various stakeholders to eliminate the hidden costs that can harm the community.
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3

de Beco, Gauthier. "Human Rights Impact Assessments." Netherlands Quarterly of Human Rights 27, no. 2 (June 2009): 139–66. http://dx.doi.org/10.1177/016934410902700202.

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4

O’Keefe, Eileen, and Alex Scott-Samuel. "Human Rights and Wrongs: Could Health Impact Assessment Help?" Journal of Law, Medicine & Ethics 30, no. 4 (2002): 734–38. http://dx.doi.org/10.1111/j.1748-720x.2002.tb00439.x.

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While the importance of civil and political rights to health advocates is widely acknowledged, economic and social rights are not yet securely on advocates’ agenda. Health impact assessment is an approach that can promote an appreciation of their importance. This paper introduces health impact assessment, gives examples of how it is being used, links its development to a focus on inequalities in health status, indicates the insufficiency of civil and political rights to protect health, and shows that the use of health impact assessment draws attention to economic and social rights. While civil and political rights are an astonishing social achievement, they are not in themselves sufficient to promote health.
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MacNaughton, Gillian. "Human Rights Impact Assessment: A Method for Healthy Policymaking." Health and Human Rights 17, no. 1 (2015): 63. http://dx.doi.org/10.2307/healhumarigh.17.1.63.

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6

Baum, Tom, and Nguyen Thi Thanh Hai. "Hospitality, tourism, human rights and the impact of COVID-19." International Journal of Contemporary Hospitality Management 32, no. 7 (May 18, 2020): 2397–407. http://dx.doi.org/10.1108/ijchm-03-2020-0242.

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Purpose The purpose of this paper is to undertake a “real-time” assessment of the impact of the COVID-19 pandemic on the right to participate in hospitality and tourism and to illustrate where such rights are under threat. Design/methodology/approach This discussion is based on a review of current events, assessed through interpretation of a human rights lens. Findings Rights to participate in hospitality and tourism, particularly in parts of Asia, Europe and North America, were affected on a scale unprecedented in peacetime. Research limitations/implications The rights to participate in hospitality and tourism have been challenged as never before. The big questions that will need to be answered going forward are the extent to which such rights will be restored, post-COVID-19. Originality/value This is a “real-time” assessment and will require re-visiting as events unfold over the coming months and years.
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7

Lee, Young A. "A Study on Human Rights Impact Assessment for Human Rights Discourse in National Territorial Policy." Korean Association of Space and Environment Research 75 (March 30, 2021): 139–67. http://dx.doi.org/10.19097/kaser.2021.31.1.139.

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8

GÖTZMANN, Nora. "Human Rights Impact Assessment of Business Activities: Key Criteria for Establishing a Meaningful Practice." Business and Human Rights Journal 2, no. 1 (October 4, 2016): 87–108. http://dx.doi.org/10.1017/bhj.2016.24.

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AbstractThis article considers the emerging practice of human rights impact assessment (HRIA) in the field of business and human rights. As HRIA is relatively new, current approaches vary considerably, indicating that there is a need for the business and human rights community to engage in further dialogue and debate about what good practice HRIA can and should entail. I propose five key criteria for HRIA of business activities: (1) applying international human rights standards; (2) considering the full scope of impacts; (3) adopting a human rights-based process; (4) ensuring accountability; and (5) addressing impacts according to severity. It is suggested that these criteria should form the basis of methodologies used to assess human rights impacts of business activities, with the view to developing HRIA practice that meaningfully contributes to preventing and addressing adverse impacts of business activities on the human rights enjoyment of workers and communities.
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9

Harrison, J. "Human Rights Measurement: Reflections on the Current Practice and Future Potential of Human Rights Impact Assessment." Journal of Human Rights Practice 3, no. 2 (May 26, 2011): 162–87. http://dx.doi.org/10.1093/jhuman/hur011.

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10

MacNaughton, Gillian, and Lisa Forman. "The Value of Mainstreaming Human Rights into Health Impact Assessment." International Journal of Environmental Research and Public Health 11, no. 10 (September 26, 2014): 10076–90. http://dx.doi.org/10.3390/ijerph111010076.

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11

Kemp, Deanna, and Frank Vanclay. "Human rights and impact assessment: clarifying the connections in practice." Impact Assessment and Project Appraisal 31, no. 2 (June 2013): 86–96. http://dx.doi.org/10.1080/14615517.2013.782978.

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12

Sauer, Arn Thorben, and Aranka Podhora. "Sexual orientation and gender identity in human rights impact assessment." Impact Assessment and Project Appraisal 31, no. 2 (June 2013): 135–45. http://dx.doi.org/10.1080/14615517.2013.791416.

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13

Dommen, Caroline. "Applying the Human Rights Framework to Economic Policy: Insights from an Impact Assessment of Services Trade Liberalisation in Mauritius." African Journal of International and Comparative Law 29, no. 1 (February 2021): 1–39. http://dx.doi.org/10.3366/ajicl.2021.0348.

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This article sets out the methodology and findings of a Human Rights Impact Assessment (HRIA) of the Trade in Services Agreement (TiSA) for Mauritius. It presents analysis of possible impacts of services trade liberalisation and deregulation on the right to water, on labour rights and on labour migration. By examining impacts of trade-related policies through the lens of human rights law, this article brings to the fore how an HRIA can strengthen trade policy-making, and how it can provide African negotiators and other stakeholders with legal and conceptual arguments to strengthen their positions in economic negotiating contexts that are often highly complex. The article is a contribution to the literature in that it provides insights into the underexplored area of human rights impacts of liberalisation of trade in services, and in that it illustrates through specific examples how the human rights analytical framework can be applied to services trade negotiations in other fora, and to economic policy more broadly.
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Bakker, S., M. Van Den Berg, D. Duzenli, and M. Radstaake. "Human Rights Impact Assessment in Practice: The Case of the Health Rights of Women Assessment Instrument (HeRWAI)." Journal of Human Rights Practice 1, no. 3 (September 14, 2009): 436–58. http://dx.doi.org/10.1093/jhuman/hup017.

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Esteves, Ana Maria, Gabriela Factor, Frank Vanclay, Nora Götzmann, and Sergio Moreira. "Adapting social impact assessment to address a project's human rights impacts and risks." Environmental Impact Assessment Review 67 (November 2017): 73–87. http://dx.doi.org/10.1016/j.eiar.2017.07.001.

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16

Bürgi Bonanomi, Elisabeth. "Measuring Human Rights Impacts of Trade Agreements—Ideas for Improving the Methodology: Comparing the European Union’s Sustainability Impact Assessment Practice and Methodology with Human Rights Impact Assessment Methodology." Journal of Human Rights Practice 9, no. 3 (November 1, 2017): 481–503. http://dx.doi.org/10.1093/jhuman/huy001.

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17

Neimane, Leila, and Ilva Rudusa. "Trade sustainability impact assessment - transformation and modelling: roles of the European Union and Switzerland." Journal of Education Culture and Society 8, no. 1 (July 10, 2017): 239–55. http://dx.doi.org/10.15503/jecs20171.239.255.

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This paper as a theoretical perspective based on a literature study addresses trade sustainability impact assessments. They are defined and designed to enhance free trade agreements and conducted either by regional organizations or individual states. The paper includes sections on the historical background of the different generations of the impact assessments (sustainability impact assessment, human rights impact assessment) used in the context of international trade, its impact on human rights and relation to environmental refugees, as well as, the influence of the European Union and Switzerland as the international players in shaping these assessments. The conclusion reached in this paper is that although diverse assessment tools are available, there is a need to encourage their greater adoption and use, based upon a holistic approach. The paper highlights the need for the use of theoretical models of trade sustainability impact assessment
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18

Raftopoulos, Malayna. "REDD+ and human rights: addressing the urgent need for a full community-based human rights impact assessment." International Journal of Human Rights 20, no. 4 (February 5, 2016): 509–30. http://dx.doi.org/10.1080/13642987.2015.1115266.

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19

Boele, Richard, and Christine Crispin. "What direction for human rights impact assessments?" Impact Assessment and Project Appraisal 31, no. 2 (June 2013): 128–34. http://dx.doi.org/10.1080/14615517.2013.771005.

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20

Collins, Tara M., and Gabrielle Guevara. "Some Considerations for Child Rights Impact Assessment (CRIAs) of Business." Revue générale de droit 44, no. 1 (September 3, 2014): 153–92. http://dx.doi.org/10.7202/1026401ar.

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With increasing international attention to business and human/child rights, the necessary next step must examine the monitoring of activities in order for the connection between business and child rights to be meaningful. Consequently, the essential question for this paper is whether business should use child rights impact assessments (CRIAs) and if so, what are some considerations in order to move forward? It is argued that the business must develop and carry out CRIAs in order to meet its due diligence obligations, and to identify and respond to potential and actual child rights impacts due to business activities. Business should use CRIAs as part of a broader process of supporting its organizational commitment to human rights. Other actors can also participate in this monitoring endeavour of business activities. This paper identifies some challenges and considerations of CRIAs in relation to business.
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21

Singh, Kapil Kumar. "Total Sanitation Campaign: Human Rights Impact Assessment of a Health Program." Indian Journal of Public Health Research & Development 4, no. 3 (2013): 138. http://dx.doi.org/10.5958/j.0976-5506.4.3.096.

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22

장인호. "A Study on Expansion Plan of Human Rights Impact Assessment System." SungKyunKwan Law Review 29, no. 4 (December 2017): 137–76. http://dx.doi.org/10.17008/skklr.2017.29.4.005.

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23

Lee, Choong-Eun and Noh, Jin-Seok. "A Study on the Institutionalization Measures of Human Rights Impact Assessment." 법과정책 24, no. 2 (August 2018): 217–44. http://dx.doi.org/10.36727/jjlpr.24.2.201808.008.

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24

Harrison, J., and A. Goller. "Trade and Human Rights: What Does 'Impact Assessment' Have to Offer?" Human Rights Law Review 8, no. 4 (October 21, 2008): 587–615. http://dx.doi.org/10.1093/hrlr/ngn026.

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25

Forman, L., and G. MacNaughton. "Moving Theory into Practice: Human Rights Impact Assessment of Intellectual Property Rights in Trade Agreements." Journal of Human Rights Practice 7, no. 1 (February 1, 2015): 109–38. http://dx.doi.org/10.1093/jhuman/huv001.

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Harrison, James. "Establishing a meaningful human rights due diligence process for corporations: learning from experience of human rights impact assessment." Impact Assessment and Project Appraisal 31, no. 2 (June 2013): 107–17. http://dx.doi.org/10.1080/14615517.2013.774718.

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27

Haugen, Hans Morten. "Human Rights Impact Assessment in the Context of Biofuels: Addressing the Human Right to Food and the Human Right to Water." Nordic Journal of Human Rights 28, no. 01 (June 21, 2010): 39–61. http://dx.doi.org/10.18261/issn1891-814x-2010-01-04.

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28

Methven O'Brien, Claire, and Sumithra Dhanarajan. "The corporate responsibility to respect human rights: a status review." Accounting, Auditing & Accountability Journal 29, no. 4 (May 16, 2016): 542–67. http://dx.doi.org/10.1108/aaaj-09-2015-2230.

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Purpose – The purpose of this paper is to discuss a wide range of significant developments that have emerged in the wake of the UNs endorsement of the Guiding Principles on Business and Human Rights (GPs) in June 2011. In particular, the paper offers a preliminary assessment of how the GPs’ corporate responsibility to respect human rights has been interpreted and to what extent it has been operationalised through government action, business behaviour and the praxis of other social actors. Design/methodology/approach – The paper provides a comprehensive assessment of a number of key developments related to Pillar 2 of the GPs – concerned with the corporate responsibility to respect human rights. More specifically, the paper considers a range of elements relating to corporate human rights due diligence, including: establishing a corporate human rights policy; the undertaking of human rights impact assessment; integrating findings of impact assessment, and; corporate human rights reporting. Findings – Based on the assessment of recent developments and initiatives, the paper suggests that the corporate responsibility to respect human rights, as expressed in Pillar 2 of the GPs, embodies the culmination of significant progress in the sphere of corporate accountability. In doing so, the paper documents a plethora of innovations in regulation and praxis, led by actors in government and the corporate sector, civil society organisations, labour unions and others, in the areas of human rights due diligence, impact assessment and reporting. Yet overall, change is slow and partial and the results achieved are still unsatisfactory. Severe business-related human rights abuses remain endemic in many industry sectors and in many countries. Research limitations/implications – The implementation of the GPs is at a key stage of development, with a multitude of initiatives and actors attempting to develop and influence new forms of corporate governance. This paper provides an overview and assessment of these key developments. Originality/value – This paper provides an important assessment and synthesis of key developments related to corporate responsibility for human rights.
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Short, Damien, Jessica Elliot, Kadin Norder, Edward Lloyd-Davies, and Joanna Morley. "Extreme energy, ‘fracking’ and human rights: a new field for human rights impact assessments?" International Journal of Human Rights 19, no. 6 (May 11, 2015): 697–736. http://dx.doi.org/10.1080/13642987.2015.1019219.

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30

Pakowski, Maciej, and Anna Garus-Pakowska. "Health Impact Assessment as an Essential Element of Environmental Law in the National Legal Order. Considerations on the Basis of International Law." Problemy Ekorozwoju 16, no. 2 (July 1, 2021): 199–208. http://dx.doi.org/10.35784/pe.2021.2.21.

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The purpose of this paper was to prove that the standards for environmental friendliness set out by international law require the states to carry out Health Impact Assessment (HIA) before implementation of public or private investments having a potential human health impact even if national legal systems do not require it. The analysis of both soft international law and treaty law, as well as the case-law of international courts and tribunals show that Environmental Impact Assessment (EIA) is the international law ius cogens. At the same time the human right to information and protection of life and health are regarded as fundamental human rights. According to the authors it means that carrying out proper Environmental Impact Assessment without Health Impact Assessment is not possible. It would be contrary to the human right to information and the obligation of the authorities to provide citizens with active transparency mentioned by the Inter-American Court of Human Rights and with the principle of fair balance developed in the case-law of the similar European Court together with the objective on sustainable development adopted in Agenda 2030. According to the authors Health Impact Assessment is an immanent and integral part of environmental impact and the possible absence of provisions in the national law requiring investors to carry out HIA where EIA is necessary, does not justify the failure to assess.
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Petrétei, Anna. "Corporate Behaviour towards the Upholding of Human Rights – Exploring the Possibilities of Human Rights Impact Assessment in the Sápmi Region." Yearbook of Polar Law Online 12, no. 1 (December 13, 2021): 367–95. http://dx.doi.org/10.1163/22116427_012010022.

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One of the most current challenges the Sami are facing is the rapid expansion of extractive industries throughout the Arctic region, creating obvious conflicts between states and Sámi people. European High North has already proven to be rich in mineral deposits. Furthermore, it is suggested that the world’s largest remaining untapped gas reserves and undeveloped oil reserves are located in the Arctic. Therefore, there is a growing pressure to conduct extractive industrial activities on the territories important for the Sámi, for instance on reindeer herding areas and reindeer migration routes. The expansion of extractive industrial developments causes significant challenges to the enjoyment of their human rights, unless effective procedural measures are in place to mitigate adverse impacts. The aim of this paper is to explore the possibility of integrating human rights impact assessment (HRIA) in existing license granting mechanisms, to examine how particular companies comply with human rights norms applicable to local and indigenous, and to scrutinise the possibility of these and other Northern mining companies to carry out HRIA in the future. The integration of HRIA would ensure that the special status and interests of Sámi people is properly taken into consideration when planning and implementing extractive industrial projects.
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Scott-Samuel, Alex. "Health impact assessment, human rights and global public policy: a critical appraisal." Bulletin of the World Health Organization 85, no. 3 (March 1, 2007): 212–17. http://dx.doi.org/10.2471/blt.06.037069.

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Hossain, Kamrul, and Anna Petrétei. "Resource Development and Sámi Rights in the Sápmi Region: Integrating Human Rights Impact Assessment in Licensing Processes." Nordic Journal of International Law 86, no. 3 (September 21, 2017): 302–40. http://dx.doi.org/10.1163/15718107-08603006.

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In recent years, the Sápmi region has witnessed an expansion of resource extraction activities. The enjoyment of human rights of the Sámi indigenous people will likely be challenged by extractive industries, unless effective measures are implemented to mitigate the possible effects of these activities. In this article, we explore the possibility of integrating human rights impact assessment (hria) in license granting mechanisms such as environmental impact assessment (eia). Our goal is to explore what international standards are available for conducting hrias and whether these would bring benefit to license granting processes. Based on our analysis, we recommend that the integration of hrias, particularly concerning Sámi rights, in response to resource developments in the Sápmi region, would on one hand bring a stronger normative value to such processes, offering a greater legal protection for Sámi, and on the other hand offer strengthened trust between communities and the companies, in resource extractions.
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34

Azubuike, Smith I., and Ondotimi Songi. "A Rights-based Approach to Oil Spill Investigations: A Case Study of the Bodo Community Oil Spill in Nigeria." Global Energy Law and Sustainability 1, no. 1 (February 2020): 28–54. http://dx.doi.org/10.3366/gels.2020.0005.

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Oil-bearing local communities in resource-rich developing countries suffer human rights violations after an oil spill. The violations arise as a result of impacted water sources, destruction of the environment and access to food, affected economic livelihood, etcetera. In the oil spill investigation process, the existing laws do not incorporate an assessment of the human rights impacts of the spill, to forestall subsequent human rights infringement when another oil spill occur. The Bodo community oil spill in Nigeria is a case in point. This article utilises a Human Rights Impact Assessment (HRIA) framework to examine the oil spill investigation regime in Nigeria, regarding the Bodo community oil spill. The essence is to identify the flaws in the investigation process, assist in holding duty-bearers accountable to their human rights obligations and responsibilities while empowering local communities as right-holders in the oil spill investigation process. This article seeks to incorporate the HRIA framework into the oil spill investigation regime to prevent further human rights violations post-oil spill. It notes that the application of the core procedural elements of HRIA – DM-PACT - is fundamental to improving the human rights experience after an oil spill. As a result, the framework could be mainstreamed into policy, legal, regulatory processes and management systems to enhance restorative and energy justice post-spill and to enhance post-spill or accident investigation to improve the human rights experience in the energy sector.
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PARK, Stephen Kim. "Social Bonds for Sustainable Development: A Human Rights Perspective on Impact Investing." Business and Human Rights Journal 3, no. 2 (June 18, 2018): 233–55. http://dx.doi.org/10.1017/bhj.2018.6.

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AbstractThis article analyses the human rights implications of impact investing, which aims to create positive social and environmental impacts in addition to financial returns. Reflecting growing awareness of the capacity of the global capital markets to advance sustainable development, companies and institutional investors are seeking new financial instruments and strategies. This article focuses on social bonds, a prominent and illuminating example of this phenomenon. Social bonds are debt securities sold to investors whose proceeds are used to finance projects with a defined social benefit such as affordable housing, education, food security, and access to healthcare. To analyse social bonds in the context of human rights, this article proposes a framework for evaluating human rights factors in impact investing and applies it to the social bond market. It finds that current standards and practices do not adequately account for the human rights implications of social bonds. In light of these observations, this article suggests reforms to the social bond market that enhance investor assessment, external assurance, and impact-maximizing leverage.
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Watson, Gabrielle, Irit Tamir, and Brianna Kemp. "Human rights impact assessment in practice: Oxfam's application of a community-based approach." Impact Assessment and Project Appraisal 31, no. 2 (June 2013): 118–27. http://dx.doi.org/10.1080/14615517.2013.771007.

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Schiel, Rebecca, Malcolm Langford, and Bruce M. Wilson. "Does it Matter: Constitutionalisation, Democratic Governance, and the Human Right to Water." Water 12, no. 2 (January 26, 2020): 350. http://dx.doi.org/10.3390/w12020350.

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States are urged frequently by the UN, policymakers, and activists to recognise the human right to water domestically. However, does such legal incorporation, often in national constitutions, affect water policy and the realisation of the right? While several qualitative studies report positive impacts, initial quantitative assessments have questioned the systematic positive impact of the national recognition of the human right to water. Yet, such quantitative analyses of the effects of constitutional rights to water often overlook important mediating policy factors. We test specifically whether strong democratic governance is a significant condition for ensuring that the constitutional recognition of the human right to water has concrete outcomes. Results of a multivariate regression analysis on a global sample of 123 states over a 15-year period provide two findings. First, the constitutionalisation of the right to water and other economic, social, and cultural rights (ESCRs), in national constitutions alone is not associated with material benefits related to the human right to water. Second, the constitutionalisation of those rights can have positive material benefits for water access when the rights are foregrounded in democratic governance.
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Nur, Muhammad, and M. Hajir Susanto. "Certification of fisheries human rights and its impact to protecting the rights of fishing vessel crew." Legality : Jurnal Ilmiah Hukum 29, no. 1 (February 11, 2021): 63–81. http://dx.doi.org/10.22219/ljih.v29i1.14652.

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The crew of fishing vessels is human beings, the absolute owners of human rights that have been universally recognized. To anticipate and overcome many human rights violations in the Indonesian seas, the Government, through the Ministry of Marine Affairs and Fisheries issued a Regulation of the Minister of Marine Affairs and Fisheries Number 35 of 2015 concerning Fisheries Human Rights Systems and Certification. This research further describes how the provisions of the fisheries' human rights certification and analyzes their impact on protecting human rights for fishing vessel crews in Indonesia. The author uses a normative juridical research method by examining library materials or other secondary materials. The data collection method used is a literature study. The tools used are documents in the form of primary, secondary, and non-legal legal materials. The data obtained were analyzed qualitatively and then presented descriptively. This study found that there are various forms of human rights violations against fishing boat crews. Ministry of Marine Affairs and Fisheries then enforces regulation to prevent human rights violations by business actors against fishing vessel crews. There are several weaknesses in regulations and implementations, namely weaknesses in wage system arrangements, limited regulatory targets, the involvement of workers and employers' representatives in the fisheries human rights team that is not clear, weaknesses of the coordinating system for fisheries human rights teams with supervisors employment, weaknesses of fisheries human rights assessment institutions, weaknesses of socialization for employers and workers. The author suggests that it is necessary to strengthen the coordination and cooperation system between ministries in implementing Fisheries Human Rights Regulations. It also needs to improve communication and dissemination of policies and regulations to stakeholders.
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Takeda, Shutaro, Alexander Keeley, Shigeki Sakurai, Shunsuke Managi, and Catherine Norris. "Are Renewables as Friendly to Humans as to the Environment?: A Social Life Cycle Assessment of Renewable Electricity." Sustainability 11, no. 5 (March 5, 2019): 1370. http://dx.doi.org/10.3390/su11051370.

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The adoption of renewable energy technologies in developing nations is recognized to have positive environmental impacts; however, what are their effects on the electricity supply chain workers? This article provides a quantitative analysis on this question through a relatively new framework called social life cycle assessment, taking Malaysia as a case example. Impact assessments by the authors show that electricity from renewables has greater adverse impacts on supply chain workers than the conventional electricity mix: Electricity production with biomass requires 127% longer labor hours per unit-electricity under the risk of human rights violations, while the solar photovoltaic requires 95% longer labor hours per unit-electricity. However, our assessment also indicates that renewables have less impacts per dollar-spent. In fact, the impact of solar photovoltaic would be 60% less than the conventional mix when it attains grid parity. The answer of “are renewables as friendly to humans as to the environment?” is “not-yet, but eventually.”
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MacNaughton, Gillian. "Economic inequality and human rights impact assessments of economic reforms." International Journal of Human Rights 24, no. 9 (October 14, 2020): 1311–32. http://dx.doi.org/10.1080/13642987.2020.1811696.

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41

Salvador, Ana Manero. "The EU and Extraterritorial Obligations Concerning Human Rights." International Human Rights Law Review 8, no. 2 (November 30, 2019): 275–85. http://dx.doi.org/10.1163/22131035-00802007.

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The Treaty on European Union prescribes that the Union will promote its principles and values in international relations. Though the scope of the obligations foreseen by the treaty remains unclear, some aspects are becoming clearer, especially with regard to due diligence and the need for human rights impact assessment. Presently, it is generally recognised that actions with extraterritorial effects will undoubtedly be linked to these principles and values, and more specifically to human rights. This paper provides an analysis from current praxis of the scope of these obligations, including a description of the implications of the Treaty of Lisbon and developments that have taken place since it came into force.
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42

Mares, Radu. "Securing human rights through risk-management methods: Breakthrough or misalignment?" Leiden Journal of International Law 32, no. 3 (June 17, 2019): 517–35. http://dx.doi.org/10.1017/s0922156519000244.

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AbstractThis is a study of three authoritative instruments that promote a common idea: economic activities and development should be conducted with respect for human rights. The World Bank Framework, the International Financial Corporation Performance Standards and the UN Guiding Principles on business and human rights are examined to get clarity on how human rights risk management differs from more conventional management approaches. The focus here is on prevention of human rights impacts. Do the three instruments employ approaches adequate for handling human rights risks? To understand prevention, one needs to reflect on what makes human rights a particular type of impact and account for the regulatory context of protecting human rights transnationally. The analysis identifies four ‘offsets’ through which economic decision-makers can distort their human rights performance and place causal observers at a disadvantage. Prevention becomes an issue of how to relate to ‘residual impacts’ on human rights. This article finds that the ‘hierarchy or mitigation’ and even ‘human rights due diligence’ under illuminate the challenge. The proposal here is to add ‘reduction at source’ as a parameter of human rights risk management. The sources for this analysis are the three instruments, and the practice of implementing organizations, particularly IFC projects, CAO cases, impact assessments, and CSR reports. In conclusion, the potential for cross-fertilization among instruments is genuine. Increased clarity on prevention of human rights impacts should assist economic decision-makers in their risk management task and casual observers in assessing their performance.
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Kokabisaghi, Fatemeh. "Assessment of the Effects of Economic Sanctions on Iranians’ Right to Health by Using Human Rights Impact Assessment Tool: A Systematic Review." International Journal of Health Policy and Management 7, no. 5 (January 20, 2018): 374–93. http://dx.doi.org/10.15171/ijhpm.2017.147.

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FASTERLING, Björn. "Human Rights Due Diligence as Risk Management: Social Risk Versus Human Rights Risk." Business and Human Rights Journal 2, no. 2 (October 11, 2016): 225–47. http://dx.doi.org/10.1017/bhj.2016.26.

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AbstractThe UN Guiding Principles on Business and Human Rights endorse a risk management perspective of human rights due diligence, which may create ambiguities with regard to the nature of risk and the objectives of risk management. By ‘human rights risk’ we understand a business enterprise’s potential adverse human rights impacts. Human rights risk can be contrasted to an enterprise’s ‘social risk’ which refers to the actual and potential leverage that people or groups of people with a negative perception of corporate activity have on the business enterprise’s value.This article puts forward the argument that due diligence in respect of human rights risk is conceptually incompatible with the management of social risk, because social risk management and human rights due diligence vary at each step of the risk management process (risk identification, risk measurement and assessment, risk reduction measures). To resolve this incompatibility, an effective integration of human rights due diligence processes into corporate risk management systems would require an elevation of human rights respect to a corporate goal that determines corporate strategy.
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Graetz, Geordan, and Daniel M. Franks. "Incorporating human rights into the corporate domain: due diligence, impact assessment and integrated risk management." Impact Assessment and Project Appraisal 31, no. 2 (June 2013): 97–106. http://dx.doi.org/10.1080/14615517.2013.771006.

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Mantelero, Alessandro. "AI and Big Data: A blueprint for a human rights, social and ethical impact assessment." Computer Law & Security Review 34, no. 4 (August 2018): 754–72. http://dx.doi.org/10.1016/j.clsr.2018.05.017.

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Etemire, Uzuazo. "A Fresh Perspective on the Human Right to Political Participation and Environmental Decision-Making in Nigeria." African Journal of International and Comparative Law 26, no. 4 (November 2018): 565–84. http://dx.doi.org/10.3366/ajicl.2018.0249.

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Accounts of significant environmental pollution and degradation in Nigeria, especially by major actors in the country's extractive industry, are common. The human rights crisis engendered by this phenomenon as it relates to members of the communities whose immediate environment is being degraded is also real and severe. To a large extent, this environmental crisis has been aided and sustained by the inadequacy of extant environmental legal regimes – majorly the Environmental Impact Assessment Act – to properly guarantee the right of the public to participate in environmental decision-making. Hence this article argues, analyses and proposes the human right to political participation as an alternative and viable platform that can support public participatory rights in environmental decision-making in Nigeria, and help to stem the tide of environmental degradation and its negative consequences for human well-being.
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Carver, Richard, and Lisa Handley. "Evaluating National Preventive Mechanisms: A Conceptual Model." Journal of Human Rights Practice 12, no. 2 (July 2020): 387–408. http://dx.doi.org/10.1093/jhuman/huaa030.

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Abstract This article outlines a rigorous and systematic approach to evaluating both the performance and impact of national preventive mechanisms (NPMs) formed under the Optional Protocol to the Convention against Torture. Many human rights practitioners remain sceptical about both the desirability and feasibility of evaluating human rights work. One obstacle has been that ‘indicators’ of human rights progress are formulated without evidence that they actually have a causal relationship to the intended outcome. By contrast, the tools used in this assessment model are derived from scientific research into what forms of torture prevention actually work, meaning that greater weight can be assigned to more effective activities (and vice versa). The model is piloted in an assessment of the performance and impact of the Georgian NPM, which in ten years of work is shown to have had a significant impact in reducing the incidence of torture and other ill-treatment, particularly in police detention and prisons.
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Rashevska, K. "THE ROLE AND SIGNIFICANCE OF EU REGULATORY INITIATIVES IN THE FIELD OF HUMAN RIGHTS IMPACT ASSESSMENT OF TRADE AGREEMENT FOR INTERNATIONAL HUMAN RIGHTS LAW." International Law Almanac, no. 23 (2020): 121–29. http://dx.doi.org/10.32841/ila.2020.23.15.

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Tarasov, A. A. "INTERNATIONAL HUMAN RIGHTS STANDARDS AND RUSSIAN CRIMINAL JUSTICE." Juridical Journal of Samara University 6, no. 4 (December 27, 2020): 61–66. http://dx.doi.org/10.18287/2542-047x-2020-6-4-61-66.

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The novelty lies in the author's assessment of the impact of international human rights standards and a fair trial procedure not only on the criminal justice itself, but also on the entire system of relations between the state and the individual, as well as in a critical analysis of clauses found in the literature on possible restrictions on the application of the European Court's practice on human rights in Russia. The aim of the work is to substantiate the unconditionally positive influence of international human rights and justice standards on the Russian criminal justice system and the relationship between the state, the individual and society. The objective is to demonstrate, using examples from the literature and practice of the European Court of Human Rights, the undoubtedly positive impact of the application in Russia of the European Convention for the Protection of Human Rights and Fundamental Freedoms and decisions of the European Court of Human Rights on Russian criminal justice and on all practical jurisprudence in Russia. The article uses the methods of system analysis and synthesis, comparative legal and historical methods. As a result, the author's conclusions about the inadmissibility and inappropriateness of limiting the operation on the territory of Russia of international human rights standards and fair trial procedures expressed in the European Convention and court decisions of the European Court have been substantiated. In conclusion, these brief conclusions are formulated.
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