scholarly journals Article 10: The Right to Family Reunification

2022 ◽  
pp. 135-143
Author(s):  
Christian Whalen
Keyword(s):  
Hague Convention ◽  
Family Reunification ◽  
International Travel ◽  
Personal Contact ◽  
International Human Rights ◽  
Basic Principles ◽  
Substantive Content ◽  
History Of ◽  
International Human ◽  
The Right

AbstractArticle 10 provides international human rights codification of basic principles that apply in related Hague Convention treaties regarding international travel by children or parents for the purpose of family reunification and visits to maintain relations and personal contact. This chapter looks at the drafting history of Article 10 and related international legal materials, as well as the general principles and related provisions of the UNCRC to outline the substantive content of Article 10. It sets out three main attributes of Article 10, from which indicators of child rights implementation can be derived. These are: (1) the need to treat requests to enter or leave a country for family reunification in a positive, humane, and expeditious manner; (2) ensuring that requests to leave or enter a country entail no adverse consequences for parents, children, or their families; and (3) maintaining relations and personal contacts with both parents if residing in separate states.

Interdependency between Sovereignty, Citizenship and the Right to Vote

ICL Journal ◽  
2018 ◽  
Vol 12 (1) ◽  
pp. 19-58
Author(s):  
Markku Suksi
Keyword(s):  
Human Rights ◽  
National Court ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
History Of ◽  
International Human ◽  
Right To Vote ◽  
Triangular Relationship ◽  
The Right

Abstract It is fully legitimate and permissible under international human rights law to limit the right to vote to the citizens of the State. The relationship between sovereignty, citizenship and the right to vote is to some extent self-evident and undramatic. However, the triangular relationship between the three concepts is an important background factor summarizing much of what States are and do, and therefore, it is necessary to make visible the self-sustaining nature of the triangle and explicate the three corners of the triangle by means of drafting history of the human rights conventions and case law from international and national court instances as well as by means of examples from national law, in this case drawn from the Nordic space. The point here is that although the various human rights conventions formulate a right to participation through elections, the normative powers exercised in relation to sovereignty, citizenship and the right to vote are held by the national law-maker, and they are not influenced much by international human rights law.

scholarly journals Article 9: The Right Not to Be Separated from Parents

2022 ◽  
pp. 125-133
Author(s):  
Christian Whalen
Keyword(s):  
Human Rights ◽  
Due Process ◽  
Best Interests ◽  
Personal Contact ◽  
International Human Rights ◽  
Article 9 ◽  
Human Rights Treaties ◽  
International Human ◽  
The Right ◽  
Separation From Parents

AbstractThe Travaux Préparatoires insist upon the close nexus between Articles 9, 10, and 11 along with the several other provisions of the UNCRC that protect the close bond between child and parent. This chapter analyses the content of Article 9 in relation to the general principles of Child rights, related provisions in other international human rights treaties and materials, and sets out four main attributes of the right, as a child, to not be separated from one’s parents against one’s will. These four attributes are: (1) no separation from parents unless necessary for the child’s best interests; (2) no separation from one’s parents without due process before competent authorities; (3) the right to maintain relations and personal contact with both parents, if separated; and (4) the right to be informed of the whereabouts of one’s parent or child, if detained.

The Evolution of the Meaning(s) of Penal Servitude for Life (Life Imprisonment) in Mauritius: The Human Rights and Jurisprudential Challenges Confronted So Far and Those Ahead

2009 ◽  
Vol 53 (2) ◽  
pp. 222-248
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
South African ◽  
Criminal Procedure ◽  
Privy Council ◽  
Life Imprisonment ◽  
International Human Rights ◽  
History Of ◽  
International Human ◽  
The Right ◽  
Mandatory Sentence

AbstractThis article analyses the history of the various meanings and interpretations of the sentence of penal servitude for life in Mauritius, the human rights implications, and the likely challenges that courts will confront in interpreting new legislation. The Privy Council held in 2008 that a mandatory sentence of penal servitude for life was arbitrary and disproportionate because it violated the right to a fair trial under the constitution. However, the article argues that the Privy Council should also have found that penal servitude for life, where the offender is to be detained for the rest of his life, violates the prisoner's right not to be subjected to inhuman punishment under the constitution, as well as violating Mauritius's international human rights obligations. It recommends that Mauritian courts consult South African jurisprudence when interpreting what amount to substantial and compelling circumstances under the 2007 Criminal Procedure (Amendment) Act.

AUSTRIA'S LAW AGAINST DEFAMATION OF RELIGION: A CASE STUDY

2015 ◽  
Vol 30 (1) ◽  
pp. 80-106
Author(s):  
Greg Taylor
Keyword(s):  
Human Rights ◽  
Criminal Code ◽  
Religious Community ◽  
Right Wing ◽  
International Human Rights ◽  
History Of ◽  
The Subject ◽  
International Human ◽  
The Right

AbstractRecently there have been calls from Islamic nations for the creation of a crime of “defamation of religion.” Austria already has such an offense: section 188 of the Criminal Code of 1974 prohibits giving “justified offense” (berechtigtes Ärgernis) by “publicly disparag[ing] or ridicul[ing] a person who, or an object which, is the subject of veneration of a domestically established church or religious community, or a dogma, a lawful custom or a lawful institution of such a church or religious community.” This has recently been applied to secure the conviction of an activist of the right-wing Freedom Party of Austria, who announced at a semi-public seminar attended by about thirty people, including one undercover journalist, that Mohammed was a pedophile. Drawing on the law of comparable jurisdictions, this article traces the history of the provision and considers how it is applied by the courts. In this article it is contended that this provision, while rarely used, unduly restricts public discussion. At the least, the provision needs both reinterpretation and amendment; international human rights sources suggest that repeal should be seriously considered given that the existing offense of sedition is available for serious cases.

Legal Pluralism, Human Rights and the Right to Vote: The Case of the Noken System in Papua

2021 ◽  
Vol 22 (2) ◽  
pp. 255-286
Author(s):  
Ignatius Yordan Nugraha
Keyword(s):  
Human Rights ◽  
Local Population ◽  
Constitutional Court ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Right To Vote ◽  
The Right ◽  
Legal Pluralist

Abstract The goal of this article is to explore the clash between international human rights law and a legal pluralist framework in the case of the noken system and also to investigate potential solutions to the clash. Elections in Indonesia are generally founded on the principle of direct, universal, free, secret, honest and fair voting. There is a notable exception in the Province of Papua, where tribes in the Central Mountains area are following the noken system. Under this system, votes are allocated to the candidate(s) based on the decision of the big man or the consensus of the tribe. The Indonesian Constitutional Court has accepted this practice as reflecting the customs of the local population. However, this form of voting seems to be contrary to the right to vote under international human rights law, since article 25(b) of the International Covenant on Civil and Political Rights stipulates that elections shall be held genuinely by universal suffrage and secret ballot to guarantee the free will of the electors. Consequently, the case of the noken system in Papua reflects an uneasy clash between a legal pluralist approach and universal human rights.

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