The 10 most recently published documents
Prologue
(2024)
Does the legal eradication of illicit crops in Colombia negatively impact the human rights of rural social groups living in the surrounding areas? Furthermore, can political and legal experiences of Germany contribute to this discussion? If you find these questions compelling, please keep reading. Through a set of papers, this section addresses the intricate relationship between human rights and the various policies that Colombian governments have implemented over the last few decades to eradicate illicit crops, in particular the coca plant.
This article aims to provide a concise yet comprehensive overview of the evolution of human rights and the Sustainable Development Goals (SDGs), tracing their historical development to the ongoing monitoring initiatives today. As we delve into the core of the discussion, a critical examination will be conducted to assess the alignment between the SDGs and human rights. The focal point will be a nuanced exploration of whether these two frameworks are in sync or if there are discernible deviations and potential conflicts of goals between them. To facilitate a more in-depth analysis, the SDGs will be systematically categorized into distinct clusters, enabling a clearer illustration of their compatibility or divergence from human rights principles. By breaking down the SDGs into specific thematic areas, we aim to shed light on both the areas where alignment is evident and those where disparities with human rights may exist. This comparative approach seeks to enhance our understanding of the interconnectedness and potential tensions between the SDGs and human rights. Moreover, the exploration will not only highlight the points of convergence but also delve into the complexities of ensuring a harmonious coexistence between these two vital frameworks. By examining the interplay of human rights principles with the diverse goals encapsulated within the SDGs, this article endeavors to contribute to a nuanced understanding of the broader implications for global development and social justice. In summary, this expanded article aspires to offer readers a more detailed exploration of the interrelationships between human rights and the Sustainable Development Goals, navigating through the clusters of SDGs to unveil areas of agreement and potential divergence. Through this analysis, we seek to foster a deeper appreciation for the complexities of aligning diverse global goals with fundamental principles of human dignity and equality.
The following article is intended to provide an initial overview about the relationship between the United Nations Sustainable Development Goals of 2015, as well as their Universal Human Rights of 1948, and catholic healthcare in the United States of America. The aim is to show why Catholicism in the US, despite its constitutional secularity, still has a major influence on ensuring adequate health care for all citizens and where religious influence conflicts with the basic principles of the SDGs and the UN's Universal Human Rights. This is done using the example of catholic hospitals and the role of Catholicism in the field of public health.
The goal of this contribution is to provide an overview of the conceptual connections between the constructs of human rights, sustainability, and democracy, emphasizing the historically significant role of human dignity. This overview serves as an overarching introduction to the students’ articles in Chapter One, which explore selected relationships between these concepts. One main assumption of this overview is that the concept of human dignity is central to the institution of human rights, and human rights are instrumental in ensuring human dignity. Another key assumption relates to democracy, which is viewed as the framework for shaping human dignity, human rights, and sustainability. This article first focuses on the relationship between sustainability and democracy. It then analyzes the links between human dignity and human rights, followed by a discussion on the connections between human dignity and sustainability, and between human rights and sustainability. Finally, it concludes with an examination of the triangle formed by human dignity, human rights, and sustainability within the context of democracy, emphasizing the crucial roles of human agency and the rights of nature. Clarifying these links is essential for future empirical research to develop specific practical recommendations for sustainability transformation, including human rights, within a democratic context.
Already more than 50 years ago, against the backdrop of the "earth science" findings of the time, voices could be heard in the legal literature expressing concern about the planet's carrying capacity, calling for consistent political rethinking and action and explicitly questioning consumer behavior and the ongoing pursuit of economic growth. The realization that the limits of environmental resources must be respected, and that growth must be shaped effectively within this framework has therefore been omnipresent not only since the "Our Common Future" report by the "World Commission on Environment and Development", or "Brundtland Commission" for short, in 1987 (United Nations General Assembly, 1987). Nevertheless, the current planetary status quo shows that the era of environmentally friendly economic development has by no means been effectively ushered in since then; on the contrary, implementation deficits or a lack of effectiveness of environmental protection measures against the excessive use of ecological resources are to be deplored. The demand for an ecological transformation of society is one of the most urgent on the political agenda and continues then as now, albeit partly with new terminology, at the level of jurisprudence: Currently, it is discussions about intertemporal freedom rights, nature's own rights and the greening of law that dominate the picture. However, the demand for ecologically oriented protection of fundamental rights is not new: the idea of protecting nature from excessive human behavior - also with a view to the generations of tomorrow and their chances of realizing a life in freedom in the future - is reflected not least in the precautionary principle, which is internationally recognized as a legal principle. Its ecological potential will be briefly explored below, culminating in an overview of constitutional tendencies towards an ecologically oriented protection of fundamental rights from a German perspective. This overview at the same time serves as an introduction for selected legal, ethical and social aspects of case studies in Latin America done by students in the context of a Human Rights interdisciplinary seminar in Wintersemester 2023/2024.
The achievement of sustainable development hinges on safeguarding the environment, preserving natural resources, and fostering economic growth that is intricately linked with responsible resource utilization. In simpler terms, sustainable development is contingent upon maintaining environmental sustainability. Conversely, Goal 16 of the 2030 Agenda for Sustainable Development emphasizes the need for global peace, justice, and robust institutions, aiming to uphold the rule of law and facilitate access to justice on a worldwide scale. Addressing environmental conflicts is an integral facet of environmental sustainability and a crucial component of ensuring access to justice. The escalating environmental challenges stemming from the relentless growth of the global population and the insufficient global adoption of renewable energy resources have significantly impacted the environment, leading to a corresponding surge in environmental conflicts. Given the considerable diversity in the judicial systems of nations worldwide and the often inefficacious nature of these systems, there arises a pressing need to reconsider and reconstruct effective alternative dispute resolution mechanisms, especially concerning their role in environmental conflicts. However, it is essential to acknowledge that Alternative Dispute Resolutions (ADR) come with their own set of barriers and drawbacks. This paper delves into a comprehensive examination and analysis of the role played by ADR methods in addressing environmental disputes. It assesses the effectiveness of these methods and conducts research to identify the factors that contribute to their success or failure.
The challenges and opportunities of liberal democracies in promoting international value systems
(2024)
In 1948, the United Nations proclaimed the Universal Declaration of Human Rights as a guideline for the protection of human rights. Not legally binding, the declaration represents an ideal that must be promoted by those who are committed to it. Among other amendments adopted since 1948, in 1998 the General Assembly passed a declaration seeking to strengthen the responsibility and right to protect human rights. "Stressing that all members of the international community shall fulfill, jointly and separately, their solemn obligation to promote and encourage respect for human rights and fundamental freedoms for all" (UN General Assembly, 1998,) this declaration is one of the central starting points of this paper. The Universal human rights formed the basis for many subsequent international treaties and agreements, one of the most recent being the 2030 Agenda with the SDGs. The legal situation of these agreements differs greatly in terms of their binding nature and enforceability. These issues will be examined in more detail in the following parts of this publication series. However, it should be noted here that successful implementation of the written goals requires voluntary debate and implementation. In today's multicultural, international context, some countries have significantly higher financial as well as social capital to fulfill these responsibilities. Based on the assumption that many of the existing liberal democracies fulfill these criteria of higher capacities, which will be discussed again in the course of the data analysis, this paper attempts to answer the question of what special responsibilities but also what opportunities are offered in this particular position.
To begin with, the current data situation will be examined in more detail. The focus here is on the international comparison of various reference values that are relevant to the issue at hand. First, we will take a brief look at the Human Rights Index (HRI), as processed by Our World in Data, what characteristics it has in international comparison and what questions and challenges can be derived from it. We will then take a look at the 2023 Sustainable Development Report (SDR). Here, again, we will try to recognize certain patterns in the international comparison. In a second step, we will link the progress of the individual countries with the respective income level, as already shown in the SDR. In addition, we include the Democracy Index, published by The Enonomist, in our data analysis. In the final step, we use all the data to build an overall picture that allows us to see the progress of global development in our area of interest and the associated challenges. In the following step, the results of this data analysis will be combined with further research findings and the question of the responsibility of liberal democracies in an international context. The challenges but also opportunities and possible benefits of promoting human rights and SDGs will be examined in more detail. Before concluding, we will try to generalize our findings to paint a picture of the inherent resilience of human rights and SDGs.
In recent years, a paradigm shift in environmental ethics has given rise to a groundbreaking concept granting legal rights to nature itself. As the global community grapples with escalating environmental challenges, select nations have taken unprecedented steps to acknowledge nature as a subject with inherent rights, transcending the conventional view of the environment as mere property. This term paper dives into the evolving landscape of environmental jurisprudence by exploring the inclusion of nature's rights in the constitutional frameworks of Ecuador, Bolivia, New Zealand, Colombia and India. Through a comparative analysis of these distinct cases, we unravel the diverse approaches these countries have adopted to recognize and protect the rights of nature, examining the legal, cultural, and ecological implications of this transformative concept. From the constitutional enshrinement of Pachamama's rights in Ecuador to the legal personification of the Whanganui River in New Zealand, this paper sheds light on the global movement for the rights of nature and its potential impact on environmental conservation and societal harmony.
This paper delves into the human right to an adequate standard of living, a fundamental principle articulated in the Universal Declaration of Human Rights (UDHR). The specific context under examination is the livelihood of artisanal Peruvian fishermen. The inquiry centers on understanding the prevailing standard of living for these individuals and exploring avenues for its optimization in harmony with both the environment and legal frameworks. In particular, this paper aims to identify and propose solutions for enhancing the living standards and working conditions of artisanal Peruvian fishermen, aligning with the principles of human rights, environmental sustainability, and legal compliance.
The paper, written by Maxi-Mercedes Jahn, is in particular about the use of glyphosate as the unique pesticide product provided for aerial aspersion. She discusses the forced eradication of more than 800 thousand hectares of coca in Colombia in 10 years, between 2012 and 2022, while discussing the reasons behind an increase in cultivation during this period. Circumstances may be dynamic, but the lack of state presence and for an effective land distribution have been some of the determinants to this problem. In 2019, drug trafficking revenues reached 31 billion of Colombian pesos, or 2.9 percent of the GDP. The business has remained healthy and thriving. Yet, the glyphosate supporters remain firm. Literature review reveals a lack of significant scientific debate on the efficacy of glyphosate as the best method for eradicating coca plantations. The use of glyphosate raises not only environmental concerns but also geopolitical issues, affecting conflict resolution and peacebuilding attempts. Coca cultivation is a viable business, it offers benefits such as more frequent harvests and reliable markets, enabling farmers to improve their income and living conditions in a relatively short term. Unlike other crops, coca does not require formal and legal export market. For example, while 14 kilos of Chontaduro (palm tree fruit) earn about 30 thousand Colombian pesos, a kilo of coca paste can cost 2 million pesos. This disparity highlights why substitution schemes are ineffective when drug revenues far exceed legal alternatives. The author’s insights into these often-overlooked factors contribute significantly to the discussion. She also addresses the Colombia-FARC peace agreement, which included comprehensive crop substitution policies, but progress has been minimal. It can even be said that increase in coca cultivation directly correlates with unmet agreement commitments. As well as other issues that are highlighted in the paper. The author notes that cartels have developed new methods to produce more cocaine with fewer plants, complicating government efforts. It also discusses the impact of technological advancements and the political complexities behind eradication policies. Back to the glyphosate issue, which it thorough in the paper, it mentioned that glyphosate negatively impacts that are usually not reported in mainstream media, like destroying soil organisms such as bacteria, fungi, and mycorrhizae, which are crucial for soil health and fertility. Farmers have reported adverse effects from glyphosate, including skin irritations that lead to permanent scars and vision problems. Reports also indicate that some farmers were mistakenly targeted during glyphosate applications, leading to the loss of their crops and livelihoods. This discussion underscores how the use of glyphosate, while intended for public health purposes, infringes on human rights and affects the lives of those in the impacted areas. Finally, the author makes a really interesting survey through the German Basic Law referring a few lessons for the Colombian case. The constitution orders the state to protect natural resources and life through prevention of harm, defense against threats, and risk assessment. The author highlights the balloon effect, linking deforestation, cattle ranching, coca production, violence, and displacement. More interestingly, she describes how glyphosate use exacerbates soil exhaustion and raises agricultural costs due to increased fertilizer and pesticide use. Additionally, she provides compelling information stating that spraying one hectare of coca can cost more than 50 thousand Colombian pesos, suggesting deeper issues, such as the influence of glyphosate producers in the overall transaction. The author concludes that broader goals of social justice, environmental stewardship, and sustainable rural development are needed. However, the discussion leaves unresolved questions about the environmental impact of glyphosate use. It emphasizes that the relationship between communities and their environment is complex, involving diverse, interdependent processes that go beyond the immediate effects of eradication efforts.
