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101-423: The principles and the supplement contain a set of precepts intended to apply the standards of international human rights law to address the abuse of human rights of lesbian , gay , bisexual , transgender , and intersex ( LGBTI ) people. The Principles themselves are a lengthy document addressing legal matters. A website that was established to hold the principles and to make them accessible has an overview of

202-416: A breach of confidence or plagiarism, or extending the confidence of information beyond those authorised. In the financial world, Insider trading can also be considered a misuse of internal information that gives an unfair advantage in investment. Abuse of power, in the form of "malfeasance in office" or "official misconduct", is the commission of an unlawful act, done in an official capacity, which affects

303-492: A coalition of human rights organisations, had undertaken a project to develop a set of international legal principles on the application of international law to human rights violations based on sexual orientation and gender identity to bring greater clarity and coherence to States' human rights obligations... 88. These principles give further content to the fundamental rights contained in Articles 14, 15, 19 and 21, and viewed in

404-562: A consistent understanding about application of international human rights law in relation to sexual orientation and gender identity. The Yogyakarta Principles were developed at a meeting of the International Commission of Jurists , the International Service for Human Rights and human rights experts from around the world at Gadjah Mada University on Java from 6 to 9 November 2006. The seminar clarified

505-508: A dead body is considered abuse. An abuse of discretion is a failure to take into proper consideration, the facts and laws relating to a particular matter; an arbitrary or unreasonable departure from precedent and settled judicial custom. Market dominance by companies is regulated by public and private enforcement of competition law, also known as antitrust or anti-monopoly law. These laws stop companies from doing things that hurt customers or block fair competition. For example, Article 102 of

606-405: A desired outcome. Gaslighting is manipulation through persistent denial , misdirection, contradiction, and lying in an attempt to destabilize and delegitimize a target. Its intent is to sow seeds of doubt in the targets, hoping to make them question their own memory, perception, and sanity. Instances may range from the denial by an abuser that previous abusive incidents ever occurred up to

707-644: A given country. Although not all NHRIs are compliant with the Paris Principles, the number and effect of these institutions is increasing. The Paris Principles were defined at the first International Workshop on National Institutions for the Promotion and Protection of Human Rights in Paris from 7 to 9 October 1991, and adopted by UN Human Rights Commission Resolution 1992/54 of 1992 and General Assembly Resolution 48/134 of 1993. The Paris Principles list

808-615: A negative image. It is usually – but not always, a requirement that this claim be false and that the publication be communicated to someone other than the person defamed (termed the claimant ). It has been noted that disabled people are disproportionately affected by disability abuse and bullying , and such activity has been cited as a hate crime . The bullying is not limited to those who are visibly disabled – such as wheelchair-users or individuals with physical differences (e.g., cleft lip ) – but also those with learning disabilities , autism or developmental coordination disorder . In

909-406: A number of responsibilities for NHRIs. Universal jurisdiction is a controversial principle in international law, whereby states claim criminal jurisdiction over people whose alleged crimes were committed outside the boundaries of the prosecuting state, regardless of nationality, country of residence or any other relationship to the prosecuting country. The state backs its claim on the grounds that

1010-439: A result of coercion ; particularly when physical force, threats, trickery, or emotional manipulation are used to elicit co-operation. Clandestine abuse is sexual , psychological , or physical abuse "that is kept secret for a purpose, concealed, or underhanded." Cyberbullying "involves the use of information and communication technologies to support deliberate, repeated, and hostile behavior by an individual or group, that

1111-610: A sexual orientation and that penalties for its practice be abolished'. The Principles have never been accepted by the United Nations and the attempt to make gender identity and sexual orientation new categories of non-discrimination has been repeatedly rejected by the General Assembly, the UN Human Rights Council and other UN bodies. In July 2010, Vernor Muñoz, United Nations Special Rapporteur on

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1212-611: A sustainable economy, in particular by bringing an end to intra-African conflict and creating an effective and productive common market. The Charter on Human and Peoples' Rights is the region's principal human rights instrument, which emerged under the aegis of the Organisation of African Unity (OAU) (since replaced by the African Union ). The intention to draw up the African Charter on Human and Peoples' Rights

1313-434: A threat to the international community as a whole, and that the community has a moral duty to act. Others, like Henry Kissinger , argue that "widespread agreement that human rights violations and crimes against humanity must be prosecuted has hindered active consideration of the proper role of international courts. Universal jurisdiction risks creating universal tyranny—that of judges". Medical abuse Abuse

1414-403: A wide range of offensive behaviour. It is commonly understood as behaviour intended to disturb or upset. In the legal sense, it is behaviour which is found threatening or disturbing. Power harassment is harassment or unwelcome attention of a political nature, often occurring in the environment of a workplace. Sexual harassment refers to persistent and unwanted sexual advances, typically in

1515-542: Is a UN General Assembly declaration that does not in form create binding international human rights law. Many legal scholars cite the UDHR as evidence of customary international law . More broadly, the UDHR has become an authoritative human rights reference. It has provided the basis for subsequent international human rights instruments that form non-binding, but ultimately authoritative international human rights law. Besides

1616-407: Is a form of child abuse in which an adult or older adolescent abuses a child for sexual stimulation. Different forms of this include: asking or pressuring a child to engage in sexual activities (regardless of the outcome), some types of indecent exposure of genitalia to a child, displaying pornography to a child, actual sexual contact against a child, viewing or engaging in physical contact with

1717-532: Is an absence of consensus as to the precise definition of emotional abuse, it is classified by the U.S. federal Child Abuse Prevention and Treatment Act as a form of mental injury. The typical legal definition, particularly in the area of child welfare, accepted by the majority of U.S. states describes it as injury to the psychological capacity or emotional stability as evidenced by an observable or substantial change in behavior, emotional response or cognition. False accusations (or false allegations) can be in any of

1818-690: Is an autonomous organ of the Organization of American States , also based in Washington, D.C. Along with the Inter-American Court of Human Rights , based in San José , Costa Rica, it is one of the bodies that comprise the inter-American system for the promotion and protection of human rights. The IACHR is a permanent body which meets in regular and special sessions several times a year to examine allegations of human rights violations in

1919-687: Is an international organization headquartered in Washington, DC. Its members are the thirty-five independent nation-states of the Americas. Over the course of the 1990s, with the end of the Cold War , the return to democracy in Latin America, and the thrust toward globalisation , the OAS made major efforts to reinvent itself to fit the new context. Its stated priorities now include the following: The Inter-American Commission on Human Rights (IACHR)

2020-604: Is another form of alcohol use disorder. Frequent binge drinking or getting severely drunk more than twice is classed as alcohol misuse. According to research done through international surveys, the heaviest drinkers happen to be the United Kingdom's adolescent generation. Animal abuse is the infliction of suffering or harm upon animals, other than humans, for purposes other than self-defense. More narrowly, it can be harm for specific gain, such as killing animals for fur. Diverging viewpoints are held by jurisdictions throughout

2121-519: Is crucial to recognise, as discussed above, that the two frameworks constitute different legal regimes. The United Nations human rights bodies do have some quasi-legal enforcement mechanisms. These include the treaty bodies attached to the seven currently active treaties, and the United Nations Human Rights Council complaints procedures, with Universal Periodic Review and United Nations Special Rapporteur (known as

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2222-633: Is different; for example concerning: Discriminatory laws such as redlining have existed in many countries. In some countries, controversial attempts such as racial quotas have been used to redress negative effects of discrimination. Other acts of discrimination include political libel , defamation of groups and stereotypes based on exaggerations . Domestic abuse can be broadly defined as any form of abusive behaviours by one or both partners in an intimate relationship , such as marriage, cohabitation, family, dating, or even friends. Domestic violence has many forms, including: Depending on local statues,

2323-756: Is highly competitive and has a well defined hierarchy, with junior staff being particularly vulnerable. Adult abuse refers to the abuse of vulnerable adults. Alcohol use disorder, as described in the DSM-IV , is a psychiatric diagnosis describing the recurring use of alcoholic beverages despite its negative consequences. Alcohol use disorder is sometimes referred to by the less specific term alcoholism. There are two types of people with alcohol use disorder: those who have anti-social and pleasure-seeking tendencies, and those who are anxiety-ridden- people who are able to go without drinking for long periods of time but are unable to control themselves once they start. Binge drinking

2424-458: Is intended to harm others." -Bill Belsey Dating abuse is a pattern of abusive behaviour exhibited by one or both partners in a dating relationship. The behaviour may include, but is not limited to; physical abuse ; psychological abuse ; and sexual abuse . Defamation is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual , business, product , group , government or nation

2525-534: Is repeated acts over time that involves a real or perceived imbalance of power with the more powerful individual or group attacking those who are less powerful. Bullying may consist of three basic types of abuse – verbal , physical and emotional . It typically involves subtle methods of coercion such as intimidation . Bullying can be defined in many different ways. Although the UK currently has no legal definition of bullying, some US states have laws against it. Bullying

2626-750: Is separate from the European Union , but the latter is expected to accede to the European Convention on Human Rights. The Council includes all the member states of European Union. The EU also has a separate human rights document, the Charter of Fundamental Rights of the European Union . The European Convention on Human Rights has since 1950 defined and guaranteed human rights and fundamental freedoms in Europe. All 47 member states of

2727-592: Is the improper usage or treatment of a person or thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, crimes, or other types of aggression . To these descriptions, one can also add the Kantian notion of the wrongness of using another human being as means to an end rather than as ends in themselves. Some sources describe abuse as "socially constructed", which means there may be more or less recognition of

2828-664: Is the oldest organisation working for European integration. It is an international organisation with legal personality recognised under public international law, and has observer status at the United Nations. The seat of the council is in Strasbourg in France. The Council of Europe is responsible for both the European Convention on Human Rights and the European Court of Human Rights . These institutions bind

2929-465: Is to redress that situation". The Yogyakarta Principles were presented at a United Nations event in New York City on 7 November 2007, co-sponsored by Argentina , Brazil and Uruguay . Human Rights Watch explain that the first step towards this would be the de-criminalisation of homosexuality in 77 countries that still carry legal penalties for people in same-sex relationships, and repeal of

3030-622: Is traditionally seen as distinct from international humanitarian law which governs the conduct of states and non-state armed groups during conflict, although the two branches of law are complementary and in some ways overlap. A more systemic perspective explains that international humanitarian law represents a function of international human rights law; it includes general norms that apply to everyone at all time as well as specialized norms which apply to certain situations such as armed conflict between both state and military occupation (i.e. IHL) or to certain groups of people including refugees (e.g.

3131-431: Is treating people of a lower rank in an abusive, discriminatory, or exploitative way. Robert W. Fuller claims that rankism includes the abuse of the power inherent in superior rank, with the view that rank-based abuse underlies many other phenomena such as bullying, racism, sexism , and homophobia . Abusive supervision is most commonly studied in the context of the workplace, although can arise in other areas such as in

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3232-413: Is usually done to coerce others by fear or threat . Character assassination is an attempt to tarnish a person's reputation. It may involve exaggeration or manipulation of facts to present an untrue picture of the targeted person. It is a form of defamation and can be a form of an ad hominem (to the person) argument. Child abuse is the physical or psychological/emotional mistreatment of children. In

3333-804: The 1951 Refugee Convention ), children (the Convention on the Rights of the Child ), and prisoners of war (the 1949 Third Geneva Convention ). The General Assembly of the United Nations adopted the Vienna Declaration and Programme of Action in 1993, in terms of which the United Nations High Commissioner for Human Rights was established. In 2006, the United Nations Commission on Human Rights

3434-551: The Asia Pacific Forum of National Human Rights Institutions (APF) states, "The Principles do not deal appropriately or adequately with the application of international human rights law in relation to intersex people. They do not specifically distinguish sex characteristics." Those issues were addressed in the Yogyakarta Principles plus 10 update. Boris Dittrich of Human Rights Watch comments that

3535-616: The Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse in October 2007, and the Convention on preventing and combating violence against women and domestic violence in May 2011. The European Court of Human Rights is the only international court with jurisdiction to deal with cases brought by individuals rather than states. In early 2010,

3636-546: The Human Rights Committee under the ICCPR). The International Criminal Court (ICC) has jurisdiction over the crime of genocide , war crimes and crimes against humanity . The European Court of Human Rights and the Inter-American Court of Human Rights enforce regional human rights law. Although these same international bodies also hold jurisdiction over cases regarding international humanitarian law, it

3737-573: The right to water ) and 14 of 2000 (on the right to the highest attainable standard of health ), it indicated that the Covenant proscribes any discrimination on the basis of, inter alia , sex and sexual orientation "that has the intention or effect of nullifying or impairing the equal enjoyment or exercise of [the right at issue]". The Committee on the Elimination of Discrimination against Women (CEDAW), notwithstanding that it has not addressed

3838-684: The 1235 and 1503 mechanisms respectively). The enforcement of international human rights law is the responsibility of the nation state ; it is the primary responsibility of the State to make the human rights of its citizens a reality. In practice, many human rights are difficult to enforce legally, due to the absence of consensus on the application of certain rights, the lack of relevant national legislation or of bodies empowered to take legal action to enforce them. In over 110 countries, national human rights institutions (NHRIs) have been set up to protect, promote or monitor human rights with jurisdiction in

3939-644: The African Court on Human and Peoples' Rights entered into force in January 2004, but its merging with the Court of Justice has delayed its establishment. The Protocol establishing the Court of Justice will come into force when ratified by fifteen countries. There are many countries in Africa accused of human rights violations by the international community and NGOs. The Organization of American States (OAS)

4040-533: The Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity discussed below, which were also referred to by Radhakrishnan, J. in NALSA (supra), conform to our constitutional view of the fundamental rights of the citizens of India and persons who come to this Court. 85. The International Commission of Jurists and the International Service for Human Rights , on behalf of

4141-525: The Brazilian Supreme Federal Court became the first supreme court in the world to recognize same-sex civil unions as a family entity equal in rights to a heterosexual one, as certified by UNESCO , expressly citing the Yogyakarta Principles as a significant legal guideline: It is important to point out, for relevant, that this examination is in line with the Yogyakarta Principles, that translates recommendations addressed to

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4242-464: The Charter. The commission has three broad areas of responsibility: In pursuit of these goals, the commission is mandated to "collect documents, undertake studies and researches on African problems in the field of human and peoples' rights, organise seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights and, should

4343-812: The Council of Europe have signed this convention, and are therefore under the jurisdiction of the European Court of Human Rights in Strasbourg. In order to prevent torture and inhuman or degrading treatment, the Committee for the Prevention of Torture was established. The Council of Europe also adopted the Convention on Action against Trafficking in Human Beings in May 2005, for protection against human trafficking and sexual exploitation ,

4444-661: The Human Rights Council." The representative of Mauritania , speaking on behalf of the Arab League , said that the Arab States were "dismayed" and accused the rapporteur of attempting to promote "controversial doctrines that did not enjoy universal recognition" and to "redefine established concepts of sexual and reproductive health education, or of human rights more broadly". The Russian Federation expressed "its disappointment and fundamental disagreement with

4545-1022: The Principles detail how international human rights law can be applied to sexual orientation and gender identity issues, in a way that affirms international law and to which all states can be bound. They maintain that wherever people are recognised as being born free and equal in dignity and rights, this should include LGBT people. They argue that human rights standards can be interpreted in terms of sexual orientation and gender identity when they touch on issues of torture and violence, extrajudicial execution, access to justice, privacy, freedom from discrimination, freedom of expression and assembly, access to employment, health-care, education, and immigration and refugee issues. The Principles aim to explain that States are obliged to ensure equal access to human rights, and each principle recommends how to achieve this, highlighting international agencies' responsibilities to promote and maintain human rights. The Principles are based on

4646-403: The Principles have been cited by numerous national governments and court judgments. The principles influenced the proposed UN declaration on sexual orientation and gender identity in 2008. Human rights and LGBT-rights groups took up the principles, and discussion has featured in the gay press, as well as academic papers and text books (see bibliography). In a unanimous decision on May 5, 2011,

4747-572: The Right to Education, presented to the United Nations General Assembly an interim report on the human right to comprehensive sexual education , in which he cited the Yogyakarta Principles as a Human Rights standard. In the ensuing discussion, the majority of General Assembly Third Committee members recommended against adopting the principles. The Representative of Malawi , speaking on behalf of all African States argued that

4848-770: The Treaty on the Functioning of the European Union (TFEU) prohibits companies in a dominant market position from abusing their power, such as through unfair pricing, limiting production, or refusing to deal with others. In the Catholic Church, an indulgence is a way to reduce punishment for sin, often by prayer, pilgrimage or good works. In the Middle Ages, some Church officials demanded money in exchange both for forgiveness of sins and for other rewards such as future salvation. Abuse of information typically involves

4949-516: The UN, have adopted treaties (albeit with weaker implementation mechanisms) containing catalogues of economic, social and cultural rights , in addition to the aforementioned conventions dealing mostly with civil and political rights : The African Union (AU) is a supranational union consisting of 55 African countries. Established in 2001, the AU's purpose is to help secure Africa's democracy, human rights, and

5050-592: The United States and Canada, hazing is often associated with Greek-letter organisations ( fraternities and sororities ). Hazing is often prohibited by law and may be either physical (possibly violent ) or mental (possibly degrading ) practices. It may also include nudity or sexually oriented activities. Human rights are "basic rights and freedoms to which all humans are entitled." Examples of rights and freedoms which have come to be commonly thought of as human rights include civil and political rights , such as

5151-609: The United States, the Centers for Disease Control and Prevention (CDC) define child maltreatment as any act or series of acts of commission or omission by a parent or other caregiver that results in harm, potential for harm, or threat of harm to a child. Most child abuse occurs in a child's home, with a smaller amount occurring in the organisations, schools or communities the child interacts with. There are four major categories of child abuse: neglect , physical abuse , psychological/emotional abuse , and sexual abuse . Child sexual abuse

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5252-504: The Yogyakarta Principles (200 7) , when ruling in the case of NLSA v. Union of India (2014) , which recognised the right to self-identify gender and recognized non-binary gender as " Third Gender ." The court held that Yogyakarta Principles must be recognised and followed as long as they are consistent with the fundamental rights enshrined in the Constitution of India . 53. ...Any international convention not inconsistent with

5353-460: The Yogyakarta Principles should be adopted as a universal standard, affirming binding international legal standard with which all States must comply but some states have expressed reservations. In alignment with the movement towards establishing basic human rights for all people, the Yogyakarta Principles specifically address sexual orientation and gender identity . The Principles were developed in response to patterns of abuse reported from around

5454-947: The Yogyakarta Principles", emerged from the intersection of the developments in international human rights law with the emerging understanding of violations suffered by person on ground of sexual orientation and gender identity and the recognition of the district and intersectional grounds of gender expression and sex characteristics . The update was drafted by a committee of Mauro Cabral Grinspan , Morgan Carpenter , Julia Ehrt , Sheherezade Kara , Arvind Narrain , Pooja Patel , Chris Sidoti and Monica Tabengwa . Signatories additionally include Philip Alston , Edwin Cameron , Kamala Chandrakirana , Sonia Onufer Corrêa , David Kaye , Maina Kiai , Victor Madrigal-Borloz , Sanji Mmasenono Monageng , Vitit Muntarbhorn , Sunil Pant , Dainius Puras , Ajit Prakash Shah , Sylvia Tamale , Frans Viljoen , and Kimberly Zieselman . The compilers explain that

5555-552: The adoption in 1966 of the two wide-ranging Covenants that form part of the International Bill of Human Rights (namely the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights ), other treaties have been adopted at the international level. These are generally known as human rights instruments . Some of the most significant include

5656-877: The basis of perceived or actual sexual orientation or gender identity. The finalised Yogyakarta Principles was launched as a global charter on 26 March 2007 at a public event in Geneva , timed to coincide with the main session of the United Nations Human Rights Council . Michael O'Flaherty, spoke at the International Lesbian and Gay Association (ILGA) Conference in Lithuania on 27 October 2007; he explained that "all human rights belong to all of us. We have human rights because we exist – not because we are gay or straight and irrespective of our gender identities", but that in many situations these human rights are not respected or realised, and that "the Yogyakarta Principles

5757-531: The case arise, give its views or make recommendations to governments." With the creation of the African Court on Human and Peoples' Rights (under a protocol to the Charter which was adopted in 1998 and entered into force in January 2004), the commission will have the additional task of preparing cases for submission to the Court's jurisdiction. In a July 2004 decision, the AU Assembly resolved that

5858-409: The child's genitals for sexual purposes, or using a child to produce child pornography . Child-on-child sexual abuse refers to a form of child sexual abuse in which a prepubescent child is sexually abused by one or more other children or adolescent youths, and in which no adult is directly involved. This includes sexual activity between children that occurs without consent, without equality, or as

5959-677: The city where the conference was held. These principles have not been adopted by States in a treaty , and are thus not by themselves a legally binding part of international human rights law. However the Principles are intended to serve as an interpretive aid to the human rights treaties. Among the 29 signatories of the principles were Mary Robinson , Manfred Nowak , Martin Scheinin , Mauro Cabral , Sonia Corrêa , Elizabeth Evatt , Philip Alston , Edwin Cameron , Asma Jahangir , Paul Hunt , Sanji Mmasenono Monageng , Sunil Babu Pant , Stephen Whittle and Wan Yanhai . The signatories intended that

6060-690: The council's members to a code of human rights which, although strict, is more lenient than that of the UN Charter on human rights. The council also promotes the European Charter for Regional or Minority Languages and the European Social Charter . Membership is open to all European states which seek European integration , accept the principle of the rule of law , and are able and willing to guarantee democracy, fundamental human rights and freedoms . The Council of Europe

6161-404: The country's own national flag and flags of other countries. Countries may have laws protecting the right to burn a flag as free speech. Gaming the system (also called bending the rules, gaming the rules, playing the system, abusing the system, milking the system, or working the system) can be defined as using the rules and procedures meant to protect a system to instead manipulate the system for

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6262-444: The court had a backlog of over 120,000 cases and a multi-year waiting list. About one out of every twenty cases submitted to the court is considered admissible. In 2007, the court issued 1,503 verdicts. At the current rate of proceedings, it would take 46 years for the backlog to clear. There is currently no international court to administer international human rights law, but quasi-judicial bodies exist under some UN treaties (like

6363-478: The crime committed is considered a crime against all, which any state is authorized to punish. The concept of universal jurisdiction is therefore closely linked to the idea that certain international norms are erga omnes , or owed to the entire world community, as well as the concept of jus cogens . In 1993, Belgium passed a "law of universal jurisdiction" to give its courts jurisdiction over crimes against humanity in other countries. In 1998, Augusto Pinochet

6464-462: The death penalty in the seven countries that still have the death penalty for such sexual practice. On 10 November 2017, the "Yogyakarta Principles plus 10" (The YP +10) to the supplement the Principles, formally as "Additional Principles and State Obligation on the Application of International Human Rights Law in Relation to Sexual Orientation, Gender Expression and Sex Characteristics to Complement

6565-450: The domestic violence may or may not constitute a crime, also depending on the severity and duration of specific acts, and other variables. Alcohol consumption and mental illness have frequently been associated with abuse. Economic abuse is a form of abuse when one intimate partner has control over the other partner's access to economic resources, which diminishes the victim's capacity to support him/herself and forces him/her to depend on

6666-478: The following contexts: Flag abuse (or flag desecration) is a term applied to various acts that intentionally destroy, damage or mutilate a flag in public, most often a national flag. Often, such action is intended to make a political point against a country or its policies. Some countries have laws forbidding methods of destruction (such as burning in public) or forbidding particular uses (such as for commercial purposes); such laws may distinguish between desecration of

6767-399: The following: Regional systems of international human rights law supplement and complement national and international human rights law by protecting and promoting human rights in specific areas of the world. There are three key regional human rights instruments which have established human rights law on a regional basis: The Organisation of American States and the Council of Europe , like

6868-549: The fundamental rights and in harmony with its spirit must be read into those provisions, e.g., Articles 14, 15, 19 and 21 of the Constitution to enlarge the meaning and content thereof and to promote the object of constitutional guarantee. Principles discussed hereinbefore on [Transgender Person]s and the International Conventions, including Yogyakarta principles, which we have found not inconsistent with

6969-665: The future Court on Human and Peoples' Rights would be integrated with the African Court of Justice. The Court of Justice of the African Union is intended to be the "principal judicial organ of the Union". Although it has not yet been established, it is intended to take over the duties of the African Commission on Human and Peoples' Rights, as well as to act as the supreme court of the African Union, interpreting all necessary laws and treaties. The Protocol establishing

7070-477: The hemisphere. Its human rights duties stem from three documents: The Inter-American Court of Human Rights was established in 1979 with the purpose of enforcing and interpreting the provisions of the American Convention on Human Rights. Its two main functions are therefore adjudicatory and advisory: Many countries in the Americas, including Colombia, Cuba, Mexico and Venezuela, have been accused of human rights violations. The Council of Europe , founded in 1949,

7171-467: The household and at school. "Abusive supervision has been investigated as an antecedent to negative subordinate workplace outcome". " Workplace violence has combination of situational and personal factors". The study that was conducted looked at the link between abusive supervision and different workplace events. Academic abuse is a form of workplace bullying which takes place in institutions of higher education, such as colleges and universities. Academia

7272-597: The latter case, this is linked to a poor ability in physical education, and this behaviour can be encouraged by an ignorant physical education teacher. Abuse of disabled people is not limited to schools; there are many known cases in which disabled people have been abused by staff of a "care institution", such as the case revealed in a BBC Panorama programme on a Castlebeck care home ( Winterbourne View ) near Bristol , leading to its closure and suspension or firing of staff members. Discriminatory abuse involves picking on or treating someone unfairly because something about them

7373-438: The latter document would result in criminal prosecution for such criminal offences as corrupting youth. The Council of Europe states in "Human Rights and Gender Identity" that Principle 3 of the Yogyakarta Principles is "of particular relevance". They recommend that member states "abolish sterilisation and other compulsory medical treatment as a necessary legal requirement to recognise a person's gender identity in laws regulating

7474-627: The light of these principles also, Section 377 will have to be declared to be unconstitutional. Essentially, the Supreme Court read the Yogyakarta Principles (2007) into the Fundamental Rights of the Indian Constitution. The Yogyakarta Principles mention intersex people only briefly. In a manual on Promoting and Protecting Human Rights in relation to Sexual Orientation , Gender Identity and Sex Characteristics

7575-473: The listed conditions. Incidents may involve physical assault , damage to property, bullying , harassment , verbal abuse or insults , or offensive graffiti or inflammatory letters (hate mail). Hazing is considered any activity involving harassment , abuse, or humiliation as a way of initiating a person into a group . Hazing is seen in many different types of groups; including within gangs , clubs, sports teams , military units , and workplaces . In

7676-462: The matter in a General Comment or otherwise specified the applicable provisions of the Convention on the Elimination of All Forms of Discrimination Against Women , on a number of occasions has criticised states for discrimination on the basis of sexual orientation. For example, it addressed the situation of sexual minority women in Kyrgyzstan and recommended that, 'lesbianism be reconceptualised as

7777-637: The national States, as a result of a conference held in Indonesia, in November 2006, under the coordination of the International Commission of Jurists and the International Service for Human Rights . This Charter of Principles on the application of international human rights regarding sexual and gender identity has, in its text, the Principle 24, the wording of which is as follows: THE RIGHT TO CONSTITUTE FAMILY (...) . The Supreme Court of India relied on

7878-430: The nature, scope and implementation of states' human rights obligations under existing human rights treaties and law, in relation to sexual orientation and gender identity. The principles that developed out of this meeting were adopted by human rights experts from around the world, and included judges, academics, a former UN High Commissioner for Human Rights, NGOs and others. The Irish human rights expert Michael O'Flaherty

7979-456: The new update "protects intersex children from involuntary modification of their sex characteristics". Sexual education is a basic tool for ending discrimination against persons of diverse sexual orientations. A very important contribution to thinking in this area was made by the 2006 Yogyakarta Principles on the application of international human rights law in relation to sexual orientation and gender identity. The Special Rapporteur fully endorses

8080-413: The parties that have agreed to them; and customary international law . Other international human rights instruments , while not legally binding, contribute to the implementation, understanding and development of international human rights law and have been recognized as a source of political obligation. International human rights law, which governs the conduct of a state towards its people in peacetime

8181-404: The performance of official duties. Malfeasance in office is often grounds for a for cause removal of an elected official by statute or recall election . A cause of action in tort arising from one party making a malicious and deliberate misuse or perversion of regularly issued court process (civil or criminal) not justified by the underlying legal action. Rankism (also called abuse of rank)

8282-606: The perpetrator financially. Elder abuse is a type of harm to older adults involving abuse by trusted individuals in a manner that "causes harm or distress to an older person". This definition has been adopted by the World Health Organization from a definition put forward by Action on Elder Abuse in the UK. The abuse includes violence, neglect , and other crimes committed against an elderly person and their forms include physical, mental, and financial abuses as well as passive and active neglect. While there

8383-459: The precepts of Principle 16, referring specifically to the right to education. International human rights law International human rights law ( IHRL ) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law is primarily made up of treaties , agreements between sovereign states intended to have binding legal effect between

8484-470: The prejudice that "homosexuality is immoral" as a "subjective view usually based on religious dogma that, in a democratic society, cannot be a basis for limiting the rights of others." The document argued that the belief that "homosexuality is worsening the demographic crisis and threatening the future of the nation" is "illogical," and that "granting legal recognition to same-sex couples has no influence on whether heterosexuals marry or have children." However,

8585-566: The principles, reproduced here in full: The website promoting the Principles notes that concerns have been voiced about a trend of people's human rights being violated because of their sexual orientation or gender identity. While the United Nations human rights instruments detail obligations to ensure that people are protected from discrimination and stereotypes , which includes people's expression of sexual orientation or gender identity, implementation of these rights has been fragmented and inconsistent internationally. The Principles aim to provide

8686-538: The process for name and sex change," (V.4) as well as to "make gender reassignment procedures, such as hormone treatment, surgery and psychological support, accessible for transgender persons, and ensure that they are reimbursed by public health insurance schemes." (V.5) Similarly, the Parliamentary Assembly of the Council of Europe adopted a document titled "Discrimination on the basis of sexual orientation and gender identity" on 23 March 2010, describing

8787-402: The recognition of the right to non-discrimination. The Committee on Economic, Social and Cultural Rights (CESCR) has dealt with these matters in its General Comments, the interpretative texts it issues to explicate the full meaning of the provisions of the International Covenant on Economic, Social and Cultural Rights . In General Comments Nos. 18 of 2005 (on the right to work ), 15 of 2002 (on

8888-641: The report," writing of the rapporteur: As justification for his conclusions, he cited numerous documents which had not been agreed to at the intergovernmental level, and which therefore could not be considered as authoritative expressions of the opinion of the international community. In particular, he referred to the Yogyarkarta Principles and also to the International Technical Guidance on Sexuality Education. Implementation of various provisions and recommendations of

8989-609: The report: Reflected an attempt to introduce controversial notions and a disregard to the Code of Conduct for Special Procedures Mandate-holders as outlined in Human Rights Council resolution 8/4. She expressed alarm at the reinterpretation of existing human rights instruments, principles and concepts. The report also selectively quoted general comments and country-specific recommendations made by treaty bodies and propagated controversial and unrecognized principles, including

9090-578: The so-called Yogyakarta Principles, to justify his personal opinion. Trinidad and Tobago , on behalf of the Caribbean States members of CARICOM , argued that the special rapporteur "had chosen to ignore his mandate, as laid down in Human Rights Council resolution 8/4, and to focus instead on the so-called 'human right to comprehensive education.' Such a right did not exist under any internationally agreed human rights instrument or law and his attempts to create one far exceeded his mandate and that of

9191-479: The staging of bizarre events by the abuser with the intention of disorienting the victim. The term owes its origin to Gaslight , a 1938 play and 1944 film, and has been used in clinical and research literature. Gay bashing and gay bullying are verbal or physical abuse against a person perceived by the aggressor to be gay, lesbian, or bisexual , including people who are actually heterosexual, or of non-specific or unknown sexual orientation . Harassment covers

9292-400: The suffering of a victim at different times and societies. Abuse of authority includes harassment, interference, pressure, and inappropriate requests or favors. Necrophilia involves possessing a physical attraction to dead bodies that may led to acting upon sexual urges. As corpses are dead and cannot give consent, any manipulation, removal of parts, mutilation, or sexual acts performed on

9393-534: The various fundamental rights guaranteed under the Indian Constitution, must be recognized and followed, which has sufficient legal and historical justification in our country. The Constitutional Bench of the Supreme Court of India held that the Yogyakarta Principles (2007) conform to the constitutional view of fundamental rights, when decriminalizing homosexuality in the case of Navtej Singh Johar v. Union of India (2018) . In his concurring opinion, Justice R.F. Nariman said, 84. ...the Yogyakarta Principles on

9494-536: The workplace, where the consequences of refusing sexual requests are potentially very disadvantageous to the victim. Hate crimes occur when a perpetrator targets a victim because of his or her perceived membership in a certain social group ; usually defined by racial group , religion, sexual orientation , disability , ethnicity , nationality, age , gender , gender identity , or political affiliation . "Hate crime" generally refers to criminal acts which are seen to have been motivated by hatred of one or more of

9595-496: The world. Anti-social behavior is often seen as public behavior that lacks judgement and consideration for others and may damage them or their property. It may be intentional, as with vandalism or graffiti , or the result of negligence. Persistent anti-social behavior may be a manifestation of an antisocial personality disorder . The counterpart of anti-social behavior is pro-social behavior , namely any behavior intended to help or benefit another person, group or society. Bullying

9696-460: The world. These included examples of sexual assault and rape, torture and ill-treatment, extrajudicial executions, honour killing , invasion of privacy, arbitrary arrest and imprisonment , medical abuse , denial of free speech and assembly and discrimination, prejudice and stigmatization in work, health, education, housing, family law, access to justice and immigration. These are estimated to affect millions of people who are, or have been, targeted on

9797-603: Was announced in 1979. The Charter was unanimously approved at the OAU's 1981 Assembly. Pursuant to Article 63 (whereby it was to "come into force three months after the reception by the Secretary General of the instruments of ratification or adherence of a simple majority" of the OAU's member states), the African Charter on Human and Peoples' Rights came into effect on 21 October 1986, in honour of which 21 October

9898-632: Was arrested in London following an indictment by Spanish judge Baltasar Garzón under the universal-jurisdiction principle. Adolf Eichmann who was the former Nazi SS lieutenant colonel accused of overseeing the transfer of Jews to Holocaust death camps also persecuted in Israel in 1961. Adolf was living in Argentina after the war. The principle is supported by Amnesty International and other human rights organisations , which believe that certain crimes pose

9999-459: Was declared African Human Rights Day. The African Commission on Human and Peoples' Rights (ACHPR) is a quasi-judicial organ of the African Union , tasked with promoting and protecting human rights and collective (peoples') rights throughout the African continent, as well as with interpreting the African Charter on Human and Peoples' Rights, and considering individual complaints of violations of

10100-432: Was rapporteur responsible for drafting and development of the Yogyakarta Principles adopted at the meeting. Vitit Muntarbhorn and Sonia Onufer Corrêa were the co-chairpersons. The concluding document "contains 29 principles adopted unanimously by the experts, along with recommendations to governments, regional intergovernmental institutions , civil society, and the UN itself". The principles are named after Yogyakarta ,

10201-431: Was replaced with the United Nations Human Rights Council for the enforcement of international human rights law. The changes prophesied a more structured organization along with a requirement to review human rights cases every four years. The United Nations Sustainable Development Goal 10 also targets the promotion of legislation and policies towards reducing inequality. The Universal Declaration of Human Rights (UDHR)

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