Human Rights in Germany – A View from Germany's National Human Rights Institution

2016 ◽  
Vol 44 (1) ◽  
pp. 50-58
Author(s):  
Beate Rudolf
Keyword(s):  
Human Rights ◽  
Added Value ◽  
International Human Rights Law ◽  
Persons With Disabilities ◽  
The Right To Privacy ◽  
National Human ◽  
Human Rights Treaties ◽  
Protection Of Human Rights ◽  
The Right ◽  
The Relationship

AbstractThis paper discusses the protection of human rights in Germany through the interplay of constitutional law and international human rights law. It also explores the relationship between specialized human rights treaties on the rights of women, children, and persons with disabilities with “general” human rights treaties and their added value. It will highlight current human rights issues, such as the treatment of refugees, the protection against racist discrimination, and the right to privacy in the digital age.

Art.13 Access to Justice

2018 ◽  
Author(s):  
Flynn Eilionóir
Keyword(s):  
Human Rights ◽  
Access To Justice ◽  
International Human Rights Law ◽  
Persons With Disabilities ◽  
Optional Protocol ◽  
System P ◽  
Human Rights Treaties ◽  
United Nations Convention ◽  
Effective Remedy ◽  
The Right

This chapter examines Article 13 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which represents the first expression of a stand-alone right to access justice in international human rights law. It explores how the drafters drew on concepts like the right to an effective remedy and the right to a fair hearing in other UN human rights treaties, to develop a unique treaty provision on access to justice for persons with disabilities in the CRPD. It further considers how this right has been interpreted by the UN Committee on the Rights of Persons with Disabilities in its Concluding Observations to date. Further, the chapter explores the extent to which the article has been interpreted and applied in domestic and regional courts. Finally, it highlights individual complaints made under the Optional Protocol concerning the interpretation of Article 13 and any references to this provision by other treaty bodies and independent mechanisms within the UN system.

Preventing the Police State

2017 ◽  
Author(s):  
Sarah St. Vincent
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
International Human Rights Law ◽  
Political Rights ◽  
The Right To Privacy ◽  
Human Rights Treaties ◽  
Effective Remedy ◽  
Access To Data ◽  
The Right ◽  
Mass Surveillance

This chapter is intended as a basic reference guide for lawyers, legislators, and advocates approaching the issue of mass surveillance—or surveillance more generally—through the lens of international human rights law for the first time. It focuses on the International Covenant on Civil and Political Rights and the human rights treaties that apply in Europe and the Americas, with a particular emphasis on the rights to privacy, freedom of expression and opinion, and an effective remedy for violations. Although the exact parameters of the right to privacy are still being decided, it appears increasingly clear that state interferences with any kind of communications data will generally be subject to a standard of strict necessity applied on an individualized basis, and there is presently a trend toward finding that mass surveillance—including systematic state access to data held or transmitted by the private sector—violates the human rights treaties.

A Life Fulfilled: Should There Be Assisted Suicide for Those Who Are Done with Living?

2018 ◽  
Vol 27 (3) ◽  
pp. 366-375 ◽  
Author(s):  
MARTIN BUIJSEN
Keyword(s):  
Human Rights ◽  
Assisted Suicide ◽  
Case Law ◽  
European Convention ◽  
International Human Rights Law ◽  
Physician Assisted Suicide ◽  
The Right To Privacy ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right

Abstract:The issue of assisted suicide for those with a “fulfilled life” is being hotly debated in the Netherlands. A large number of Dutch people feel that elderly people (i.e., people who have reached the age of 70) with a “fulfilled life” should have access to assisted suicide. Citizens have therefore requested Parliament to expand the existing legislation that governs euthanasia and physician-assisted suicide. The Dutch constitution does not permit national legislation to be incompatible with higher international (human rights) law. An analysis of the case law of the European Court of Human Rights shows that a person’s right to decide on the time and manner of his or her death should be regarded as an aspect of the right to privacy. Although no positive obligation has been imposed on parties to the European Convention for the Protection of Human Rights and Fundamental Freedoms to facilitate suicide, they may do so, provided that certain conditions are met.

Making Human Rights a Reality

2013 ◽  
Author(s):  
Emilie M. Hafner-Burton
Keyword(s):  
Human Rights ◽  
International Law ◽  
World Population ◽  
International Human Rights Law ◽  
Legal Norms ◽  
Human Rights Protection ◽  
National Human ◽  
The World ◽  
Protection Of Human Rights ◽  
National Human Rights Institutions

In the last six decades, one of the most striking developments in international law is the emergence of a massive body of legal norms and procedures aimed at protecting human rights. In many countries, though, there is little relationship between international law and the actual protection of human rights on the ground. This book takes a fresh look at why it's been so hard for international law to have much impact in parts of the world where human rights are most at risk. The book argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights “stewards” can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions. To date, promoters of international human rights law have relied too heavily on setting universal goals and procedures and not enough on assessing what actually works and setting priorities. This book illustrates how, with a different strategy, human rights stewards can make international law more effective and also safeguard human rights for more of the world population.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

scholarly journals Monitoring mechanisms designed to serve persons with intellectual disabilities: exploring the implementation of Article 16 CRPD in Cyprus

2018 ◽  
Vol 15 (1) ◽  
pp. 33-50 ◽  
Author(s):  
Emily Julia Kakoullis
Keyword(s):  
Human Rights ◽  
Intellectual Disabilities ◽  
Persons With Disabilities ◽  
Legal Provisions ◽  
National Human ◽  
Adults With Intellectual Disabilities ◽  
National Human Rights Institutions ◽  
Relationship Of ◽  
Forms Of Violence ◽  
The Relationship

AbstractIn its concluding observations for Cyprus, the UN Convention on the Rights of Persons with Disabilities (CRPD) Committee stated that it ‘is concerned about the insufficiency of legal provisions and accessible mechanisms to detect, report, prevent and combat all forms of violence’.1This paper focuses on the independent monitoring obligation Article 16(3) CRPD places on states parties, and discusses the implications of the insufficient implementation of Article 16(3) as it affects adults with intellectual disabilities in Cyprus. It examines the existing monitoring frameworks, explains why they do not meet with Article 16(3) CRPD requirements and explores the relationship of the national human rights institutions (NHRIs) with Article 16(3). This paper enables understanding as to how, despite pre-existing monitoring frameworks in place, no independent monitoring action has been taken since the ratification of the CRPD. It argues that there is an immediate need for measures to achieve the implementation of Article 16(3) and makes recommendations for Cyprus and other states parties.

25. International Human Rights Law

2018 ◽  
Author(s):  
Nigel Rodley
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Political Factors ◽  
International Protection ◽  
Human Rights Protection ◽  
Cultural Rights ◽  
Rights Protection ◽  
Human Rights Treaties ◽  
Protection Of Human Rights

This chapter considers the background to, and current developments concerning the manner in which international law has engaged with the protection of human rights, including both civil and political rights and economic, social, and cultural rights. It looks at historical, philosophical, and political factors which have shaped our understanding of human rights and the current systems of international protection. It focuses on the systems of protection developed by and through the United Nations through the ‘International Bill of Rights’, including the Universal Declaration of Human Rights, the UN human rights treaties and treaty bodies, and the UN Special Procedures as well as the work of the Human Rights Council. It also looks at the systems of regional human rights protection which have been established.

Art.23 Respect for Home and the Family

2018 ◽  
Author(s):  
Fiala-Butora János
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Intimate Relationships ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
The Family ◽  
United Nations Convention ◽  
The Right

This chapter examines Article 23 of the United Nations Convention on the Rights of Persons with Disabilities. The right to family life and its various components have long been recognized by international human rights law and in regional human rights instruments. Despite this long tradition of protecting the family in human rights law, persons with disabilities have long been subject to serious violations of their right to family life. The prevailing stereotype has considered persons with disabilities asexual, which has led to the denial of their sexual autonomy. The right to family life also encompasses all forms of relationships and parenthood. To be truly equal members of society, persons with disabilities must achieve equality of opportunity in these areas as well. This requires significant attitudinal change, empowerment, dismantling of barriers, and support to experience intimate relationships.

1. Introduction

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Bill Of Rights ◽  
Human Rights Law ◽  
Right To Life ◽  
International Human Rights ◽  
Human Rights Organizations ◽  
Protection Of Human Rights ◽  
The Right

This introductory chapter introduces the theme of this book, which is modern international human rights law. The book traces the unprecedented expansion in the internationally recognized rights of all people with acceptance of a human rights dimension to the quest for international peace and security following the formation of the United Nations in 1945. It examines the International Bill of Rights and the regional protection of human rights, and describes several human rights organizations including the Organization of American States and the African Union. The book discusses different types of rights, including the right to life, the right of liberty to persons, and the right to work, and also evaluates the monitoring, implementation, and enforcement of human rights laws.

scholarly journals Surveillance and Drones at Greek Borderzones: Challenging Human Rights and Democracy

2017 ◽  
Vol 15 (3/4) ◽  
pp. 439-446 ◽  
Author(s):  
Panagiotis Loukinas
Keyword(s):  
Human Rights ◽  
Democratic Values ◽  
Right To Privacy ◽  
Far Right ◽  
The Right To Privacy ◽  
Protection Of Human Rights ◽  
The Right ◽  
Border Surveillance

The planned intensification of surveillance, including the use of drones, at the Greek borders will increase uncertainty at Greek borderzones as regards the protection of human rights, which are already under threat due to the existing high levels of surveillance. This includes both the human rights of migrants and refugees as well as the right to privacy of the populations already resident in these areas. The curtailment of these rights constitutes a threat to individuals’ liberties and democratic values. This further problematizes the situation in Greece, where the popularity of far-right has risen, while anti-immigrant rhetoric has been diffused in the practices and policies of border surveillance.

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