The individual in international human rights law

2011 ◽  
pp. 278-340
Author(s):  
Kate Parlett
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Individual

A Need for Transnational Non Bis in Idem Protection in International Human Rights Law

2005 ◽  
Vol 23 (3) ◽  
pp. 329-347 ◽  
Author(s):  
Alexander Poels
Keyword(s):  
Human Rights ◽  
Due Process ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
International Human ◽  
The Individual ◽  
Domestic Law

Although safeguards for the individual human right guarantees for protection against double jeopardy are strongly entrenched in international and domestic law as well as widely reflected in State practice, such protection is generally limited in scope and applicability to surrender or extradition procedures. Where criminal offenders face courts of a State after having been prosecuted and punished or acquitted by a court of another State, the absence of transnational non bis in idem protection constitutes a serious lacuna in international human rights law. Although legislative and judicial initiatives are being undertaken – notably under the aegis of the European Union – to remedy this lacuna, the international community must incontestably act upon this need for individuals' protection against abuses of power and breaches of due process through the amendment or complementing of the classical international human rights conventions.

scholarly journals The principle of the dignity of human person: a reading of the effectiveness of citizenship and human rights through the challenges put forward by globalization

2018 ◽  
Vol 5 (1) ◽  
pp. 273
Author(s):  
Orides Mezzaroba ◽  
Vladmir Oliveira da Silveira
Keyword(s):  
Human Rights ◽  
Human Person ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Human Needs ◽  
Deductive Method ◽  
International Human ◽  
The Individual ◽  
The Relationship

Even today concepts that should have been overcome are debated, for example, the belonging of an individual to a State and, consequently, to its laws. The process of globalization, and the constant immigration resulted thereof, have led to profound changes in the relationship between the individual and the State, and especially, in the field of international human rights law. This means that the human needs began to be manifested regionally and internationally, in order to achieve the principle of the dignity of the human being. Thus, this article intends to investigate the link between citizenship and human rights, from new perspectives, through literature studies and deductive method, in order to answer the following questions: what are the added values to the concept of citizenship? And what is the current dimensions of citizenship?

The ‘Feminizing’ of Torture under International Human Rights Law

2006 ◽  
Vol 19 (2) ◽  
pp. 349-391 ◽  
Author(s):  
ALICE EDWARDS
Keyword(s):  
Human Rights ◽  
Decision Makers ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Past ◽  
The Subject ◽  
International Human ◽  
Gender Based ◽  
The Individual

International human rights law has been the subject of much scrutiny by feminist scholars over the past two decades, principally because of the way in which it is seen as privileging the realities of men's lives while ignoring or marginalizing those of women. The international prohibition on torture is identified by feminist writers as a classic example of this ‘male’-gendered nature of human rights law. This article explores the extent to which key feminist critiques of the 1980s and 1990s are now reflected in the commentary and jurisprudence on torture of various international human rights bodies. It asks: have the critiques of international human rights law been satisfied by interpretations applied by international and regional bodies to this so-called ‘male’ right? It concludes by offering both caution and counsel – it cautions against the potentiality of new interpretations simply replacing old gender-based stereotypes with new ones and counsels international decision-makers to focus on the individual or personalized characteristics and circumstances of each claim, of which sex/gender may be but one factor.

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