Top PDF "Human Rights and the Law".

"Human Rights and the Law".

"Human Rights and the Law".

Any standard narrative of human rights within this stream essentially finds its legitimacy in existing international human rights standards, which then serve as a lens through which national human rights performance can be evaluated. For example, Bangladesh National Human Rights Commission (BNHRC) implemented a UNDP funded project in 2012 under which a number of compliance studies on various aspects of human rights were conducted by independent National Consultants to analyze the gap between the international standard and the national standard and also between legal norms and state practices. These BNHRC Study Reports (2013) invariably listed a series of recommendations on the basis of which various national and international stakeholders would then negotiate with the government to ameliorate latter’s human rights performance. This standard format of conducting human rights research – international standard, national standard, gap analysis, and recommendations – is also frequently used in academic publications as well as annual reports of NGOs. This section represents a narrative of human rights very much in this orthodox line.
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Human Rights at Sea and the Law of the Sea

Human Rights at Sea and the Law of the Sea

The Third United Nations Conference on the Law of the Sea, the subject of which was the national appropriation of maritime areas between different cate- *TM NDIAYE, “Les droits de l’Homme et la Mer”, Colloqueannuel de la Fondation René CASSIN (Institut International des Droits de l’Homme), Faculté de droit, Université du Mans, 24-25 mai 2018; I Papanicolopulu, “Human rights and the Law of the sea” IMLI, the Law of the Sea (Vol.1), Oxford University Press, 2014, pp. 509-532; B.H Oxman, “The Rule of Law and the United Nations Convention on the Law of the Sea”, 1996, 7 EJIL 353; T. TREVES, Human rights and the Law of the Sea, Berkeley Journal of international Law, vol. 28, Issue 1, 2010, pp. 1-14, Budislav VUKAS, Droit de la Mer et Droits de l’Homme, the Law of the Sea, Selected Writings) 2001, Martinus NIJHOFF Publishers, pp. 71-79. Tulio SCOVAGGI “Human Rights and immigration at Sea” in Human Rights and Immigration, Ed. By ruth RUBIO-MARIN, Oxford University Press, 2014, Chap.6, pp. 212-260. How to cite this paper: Ndiaye, T. M.
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Should International Human Rights Law Trump US Domestic Law?

Should International Human Rights Law Trump US Domestic Law?

The human rights community has fiercely criticized the United States' failure to make international human rights treaties a source of law in the domestic realm.' In this e[r]

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The state's right to stay in international law of human rights

The state's right to stay in international law of human rights

According to the International law, people are the second component of the State. In law, sociology and politics, the term people indicates to a group of individual or peoples who live within one frame of cultures and habits in one community on a piece of land ( 43 ) . The concept of people includes the nationals who enjoy political and legal rights and the foreigners who live in the State ( 44 ) . It is not necessary that the people talk with one language or many languages or from one nation or various nations, but the most important is: they are subject to the authority of the State. In this regard, if the internal law insures the individual's right to live, prohibits attacking him, decides protection since birth to death, gives him the right to use force to defend his existence, then the International Human Rights' Law insures the right of the people to stay within the three components of the State; the State's right to stay in addition as a legal and International law, it is considered an ethical right that is based on the fact that: man has the right to live in peace and safety, and shall not be exposed to elimination or damage. The concept of the right for live had recently developed, as countries began to discuss subjects regarding man's right to live within the borders of other States ( 45 ) , which is more than the right of the State to stay. There are various declarations and International treaties against unjustly killing, with the cancellation of the capital punishment ( 46 ) , prohibiting the use of Armed Force, banning abortion ( 47 ) , euthansasia ( 48 ) , the justified Homicide and prohibiting environment pollution (where man lives) ( 49 ) . The right for peace is a universal one relating to the survival of humanity, which took its position among man's rights in the modern world ( 50 ) . The General Assembly of the UN approved the peoples' right in the national unity and any attempt to make partial or total division thereof, is considered against the objectives and principles of the UN
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Reflections on Regional Human Rights Law

Reflections on Regional Human Rights Law

While neither the United Nations Charter nor the universal human rights conventions contain more than very limited mention of hierarchies of international law norms, [r]

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Participation in International Human Rights Law: A Comparison of Theory and Practice

Participation in International Human Rights Law: A Comparison of Theory and Practice

In addition, customary law-making is in principle dependent on the actions of states, as it is constructed via the general practice of states660 which is accepted and observed as law; it is thus determined by action taken as a result of states’ sense of legal obligation.661 It should, though, be noted that the ICJ is argued to also participate in customary law-making, through its interpretative role; Pellet alludes to “an impression of a complex and somehow mysterious alchemy through which the Court enjoys a rather large measure of discretionary power”662 over the determination of the content o f customary law. It has also been suggested that NGOs contribute to the development of customary law. For example, Treves asserts that “the perception of the public (and therefore of NGOs seen as organised groups thereof) of what is permitted and what is prohibited to states in their relationship with other states influences the perception of governments and ultimately their opinion juris”.663 This indicates the potential for private actors to influence customary human rights law. Nonetheless, their role remains inferior to that of states, who are the central actors in customary law-making, and without whom customary law could not develop.
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Human rights law as social control

Human rights law as social control

A second aspect of the empirical data used throughout this article are documents which relate to the execution of the CourtÕs judgments by the Committee of Ministers of the Council of Europe. Judgments of the Court are ultimately declaratory commands similar to other forms of legal judgments: they are authoritative statements that seek to compel states, and the individuals in them, towards particular forms of action and behaviour. This aspect of the Court is what makes it a popular destination for applicants. Whilst the Court forms just one element of the more general juridification of contemporary European societies (Habermas, 1989), applicants know that a favourable judgment in the Court can have widespread effects throughout Europe and beyond. A judgment by the Court can reshape social control practices throughout 47 states and influence the lives of up to 800 million people within them. However, the capacity of the CourtÕs jurisprudence to act as a form of governmental social control (Black, 1976: 2) depends upon the effectiveness of its execution. Unless one accepts command theories of law (for example, Olivecrona, 1971) it is important to recognize that the existence of the CourtÕs jurisprudence does not in itself ÔdoÕ anything. Human rights law, like all Ôpaper lawÕ, requires a machinery of enforcement in order to translate it into action and the Committee of Ministers functions as the CourtÕs machinery of enforcement.
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Human Rights and Environmental Wrongs: Achieving Environmental Justice through Human Rights Law

Human Rights and Environmental Wrongs: Achieving Environmental Justice through Human Rights Law

More practically useful perhaps than the normative weight of human rights law may be the availability of human rights tribunals, courts and committees, which could be utilised by individuals and communities who allege their human rights have been violated (Posner 2007: 3). For example, an individual may bring a complaint to the Human Rights Committee where there is an alleged violation of a right contained in the ICCPR (First Optional Protocol to the ICCPR 1976: art 1). Regional enforcement mechanisms may also provide an avenue for redressing environmental injustice. Several cases have already been successful before regional human rights tribunals, establishing that environmental degradation such as pollution or deforestation can amount to a violation of human rights. For example, in Lopez‐Ostra vs Spain (1994), the European Court of Human Rights held that pollution caused by a waste treatment facility located near the complainants’ home violated their right to privacy and family life (guaranteed under article 8 of the European Convention on Human Rights (1950)) by limiting their ability to enjoy their home. This was found to be the case even though the court did not find a violation of the right to health in the circumstances. In the Awas Tingni case before the Inter‐American Court of Human Rights (2001), the Mayagna Awas (Sumo) Tingni community of Nicaragua argued that the Nicaraguan government had failed to protect its property rights over traditional lands and natural resources, which were to be commercially developed. The Court upheld the claim and agreed that the Community’s property rights under the American Convention of Human Rights (1969) had been violated by the State’s failure to provide an adequate system of indigenous title and protection of indigenous lands. These judicial avenues provide one option for communities or individuals unjustly affected by environmental harm where such harm can be construed as a violation of human rights.
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The Asymmetric Nature of Boko Haram Insurgency and Its Implications on Human Rights and International Humanitarian Law

The Asymmetric Nature of Boko Haram Insurgency and Its Implications on Human Rights and International Humanitarian Law

This situation has stimulated lawlessness by triggerin g misunderstanding and extensive horror among people in Nigeria. The fundamental human rights of individual as guaranteed by the Constitution have been jeopardised as well as gross violation of the rules of international humanitarian law. The people have been made to suffer from the double jeopardy of the insurgents and the armed forces of Nigeria. This is so because while the insurgents release violence on the people, the security agents on the other hand have subjected the people to gross violation of their constitutionally guaranteed rights. Government forces have deployed unconstitutional and extra-judicial system of unwarranted detention, torture, including shoot at sight to challenge and counter prevalent civic turbulences arising from the insurgency activities. People are harassed, intimidated, confined unjustifiably and killed at the slightest suspicion by the armed forces. This paper is designed and constructed to evaluate the implications of the activities of the insurgents and government forces on human and humanitarian rights law. We therefore seek to establish in this work that there have been serious human rights abuses and international humanitarian law breaches as a result of the Boko Haram insurgency in Nigeria.The nature of insurgency is evaluated and the asymmetric strategy adopted by Boko Haram appraised.Even though this research is primarily doctrinal, it enjoys the benefit of diverse approaches including the chronological, analytical and evaluative. For all these, heavy reliance is placed on published materials such as books, journals, documents, reports, papers, communiqués, newspapers, etc. Additional materials are sourced from reliable internet sites.
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Human Rights in Ethiopia: An Assessment on the Law and Practice of Women’s Rights

Human Rights in Ethiopia: An Assessment on the Law and Practice of Women’s Rights

Women’s rights are human rights. Hence, all the respect and protection given for human rights should also be given for women’s rights. Women’s rights deserve equal protection and promotion as other human rights. After all, Ethiopian women constitute almost half of the total population (49.9 %). This shows that unless women are empowered and fully enjoyed their rights, achievement of the development of the country at the expected level is unlikely. This means, women should be given with equal opportunity and access in order to fully utilize the talent, creativity, and intelligent of all human beings in the overall development process. Hence, the focus should not be only on the enactment and revision of laws and policies but also on the real application of those laws and policies so as to enforce women’s rights and remove obstacles thereto. Culture perpetuates women’s suffering. However, culture is changeable hence there is a need to work hard so as to make it friendly with women’s human rights. There is a need to work strongly to change bad societal attitudes and practices. Furthermore, harmonizing regional states’ family laws with the federal family law and relevant international instruments is too vital. Moreover, strong punishment to those who perpetrate any act which contravenes women’s rights should be in place.
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The state's right to stay in islam law study in the light of international  human rights law

The state's right to stay in islam law study in the light of international human rights law

According to Ibn Khaldoun, the State is exposed to extinction and replacement. He adds that, it the State is absent from some peoples then it should be returned to another people of the same State as long as they belong to that State. The reasons for that is ownership came to them after submission and being drowned in luxurious life and fertility and they deprived their brothers from such blessing, but spent the wealth on various kinds of fund, while the oppressed stayed deprived from these resources. Accordingly, if those luxurious and wealthy people become old and reached high levels of human and political civilization ( 78 ) , they will be eliminated due to such reasons ( 79 ) . Ibn Khaldoun''s theory for extinction and replaces is based on the one State that dominates the world. He considers the dominating State but does not care about the small ones ( 80 ) . In addition, Ibn Khaldoun's theory is the nation's theory which is prevailing nowadays; the State which falls under the domination of the great one insures its stay, while the opposing State will decide its extinction by itself. Among the most factors for extinction (according to Ibn Khaldoun) is the military weakness due to engagement in fun and luxurious life. Accordingly, extinction factors are internal and external.
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International Law, Human Rights Beneficiaries, and South Africa: Some Thoughts on the Utility of International Human Rights Law

International Law, Human Rights Beneficiaries, and South Africa: Some Thoughts on the Utility of International Human Rights Law

While international criminal accountability for private organizations is not provided for in the Hague tribunals," civil liability and other forms of accountability for[r]

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INTERNATIONAL LAW AND BASIC HUMAN RIGHTS

INTERNATIONAL LAW AND BASIC HUMAN RIGHTS

The dcclaration (which I bclicve is not hinding law, although some more way-out thinkers would argue it is) sets a common standard of achievement for all pl·ople. The[r]

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INTERNATIONAL LAW AND BASIC HUMAN RIGHTS

INTERNATIONAL LAW AND BASIC HUMAN RIGHTS

The Organization of African Unity adopted a strong resolution against it, and the Mrican states went to the United Nations and got the Security Council to adopt a resoluti[r]

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Exploring the Limits of International Human Rights Law

Exploring the Limits of International Human Rights Law

As I discuss below, advocacy groups have recognized that importation of the language of international human rights into domestic legal systems-through direct litigation, domestic [r]

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Immigration and Human Rights Law Review

Immigration and Human Rights Law Review

When selecting between a J-1 and F-1 visa, students need to be aware of the significant differences that could have consequences later depending on the law. For one, an F-1 visa holder is not expected to have a large portion of their funding come from an outside source. 14 Therefore, these students draw upon scholarships and outside aid to pay for schooling in the United States. J-1 visas, on the other hand, are expected to have more than 50 percent of their money coming from outside sources. 15 More significantly, the J-1 visa has a more difficult requirement to show proof of funding. A J-1 visa holder must show proof of funding “for the entire duration of his/her academic program.” 16 F-1 visa
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Human rights and human development: a conceptual framework  for research

Human rights and human development: a conceptual framework for research

negotiated locally (ODI, 1999). This will not only strengthen civil society, but increase the sustainability of the outcome, because the measures are not imposed from above. Good governance is indispensable to the realization of human rights in general and in the success of participation. One can imagine various forms of participation that do not necessarily coincide with a democratic socio-political structure. However, democratic institutions best guarantee stable and continuous participation and the growth of civil society and discourage dependence on paternalistic and arbitrary will. The strengthening of democratic institutions is the aim of good governance in development policy. Good governance as a complement to economic development was first propagated by the World Bank. The Bank perceives of good governance as a government’s capability to manage a country’s economic, political, and social affairs based on the rule of law. Characteristics are transparency, accountability, and efficiency. In principle, good governance can be understood as a state's inner sovereignty, meaning the legitimacy based on the government's ability to fulfil general state functions, such as the provision of public goods. This refers to both political rights, especially the rule of law, and economic and social rights, such as education, basic health care, and other public goods that states have to supply in some form or other for their population. The Human Development Report 2000 combines this under-standing of human development as the enhancement of capabilities with the concept of basic freedoms (HDR, 2000). UNICEF has a similar understanding of sustainable human development, embracing the economic, political, social, environmental, and cultural dimensions of development (UNICEF, 1998). Such holistic visions of development are consistent with human rights standards because human rights also refer to the whole human being.
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Book Review: Surrogacy: A Human Rights Violation by Renate Klein

Book Review: Surrogacy: A Human Rights Violation by Renate Klein

Part of the Bioethics and Medical Ethics Commons, Civic and Community Engagement Commons, Civil Law Commons, Civil Rights and Discrimination Commons, Commercial Law Commons, Community-Based Research Commons, Health Information Technology Commons, Human Rights Law Commons, Inequality and Stratification Commons, International Law Commons, Labor and Employment Law Commons, Law and Economics Commons, Law and Gender Commons, Law and Politics Commons, Law and Psychology Commons, Law and Society Commons, Medical Humanities Commons, Medicine and Health Commons, and the Mental and Social Health Commons
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The borders that disadvantage migrant women in enjoying human rights

The borders that disadvantage migrant women in enjoying human rights

Dismantling borders of inequality may not always be possible. States do not necessarily create practical borders such as those arising from insufficient family or social networks. Normative borders, in turn, are deeply ingrained and normalised in society. They are therefore difficult to recognise, let alone change. At times, normative borders operate discreetly, even silently, and certainly diffusively across the kind of domestic decisions that tend to escape attention: those of administrative bodies and lower courts. Even those normative borders that may be easier to spot given the use of discriminatory language (for example, the coupled motherhood border used to question Soares de Melo’s morality) cannot be dismantled overnight. Demolishing these borders requires deep changes in dominant cultural attitudes. Transforming formal borders comes with a different set of challenges, as immigration control is considered ‘a central substantive aspect of sovereignty’ . 148 The tensions between international human rights law and State sovereignty take on a particular dimension in the context of migration. 149 In this area, human rights do not only challenge ‘States’ relative jurisdictional independence from international authority [but also] States’ plenary territorial powers’. 150
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In Re Marriage of King: Amicus Curiae Brief of International Law Scholars in Support of Appellant

In Re Marriage of King: Amicus Curiae Brief of International Law Scholars in Support of Appellant

Amici curiae are law professors, international law scholars, and legal clinics that focus professionally on international human rights law. There is growing recognition [r]

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