Legal Aid Before Human Rights Treaty Monitoring Bodies

2000 ◽  
Vol 49 (2) ◽  
pp. 360-389 ◽  
Author(s):  
Andrew S. Butler
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
International Human Rights ◽  
State Compliance ◽  
International Human ◽  
Fundamental Rights And Freedoms ◽  
The Individual ◽  
The Right ◽  
Improve State ◽  
Universal Standard

The right of individuals to have recourse to international human rights bodies has been regarded as one of the most significant developments in securing respect for and the promotion of universal fundamental rights and freedoms.1 First, it ensures that individuals subjected to human rights violations have an alternative forum should the domestic judicial forums not be persuaded of the existence of rights violations, for whatever reason. Secondly, the availability of an individual's right of recourse affirms the fact that the individual is an actor cognisable by international law, and is not dependent on the intervention of other States for the safeguarding of his or her rights.2 This is particularly important, as many States are slow to engage complaint mechanisms against another State for fear of reprisal (be it in the form of economic or political sanctions, or the instigation of a complaint under the same mechanism by the other state), lack of interest, or otherwise.3 Thirdly, the existence of such fora, and the right of individual complaint from a variety of countries, are useful in developing a common universal standard of human rights observance.4 The combined result of these is that implementation of the goals set out in the international human rights instruments is facilitated because the means for their enforcement are not dependent upon international politics but rather are put in the hands of the rights holders. In turn, such machinery should improve State compliance.5

scholarly journals The Consequences of Corona Virus on Human Rights System: تداعيات فيروس كورونا على منظومة حقوق الإنسان

2020 ◽  
Vol 4 (8) ◽  
Author(s):  
Maya Hasan Malla Khater
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Vulnerable Groups ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Protection Of Human Rights ◽  
International Human ◽  
Fundamental Rights And Freedoms ◽  
The Right

The outbreak of the New Corona Epidemic has been leading governments around the world to adopt strategies to limit its spread and to counter it. Some of the measures taken have affected a number of fundamental rights and freedoms, which are guaranteed according to the international human rights law, and not just intended the right of life and the right of effective health care. In fact, many other rights were affected intentionally or unintentionally. This study seeks to highlight on states practices and responses related to fighting against the Corona Crisis, its impact on human rights in general, and the rights of the most vulnerable groups in particular, by using the descriptive and analytical method. One of the most important results of this research is that the protection of human rights while combating this Epidemic can't be considered as a secondary issue. It is necessary for these government measures to be consistent with the rules and provisions of the International Human Rights Law. 

23. Current issues

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
International Human Rights ◽  
Environmental Rights ◽  
The Future ◽  
International Human ◽  
State Actors ◽  
The Law ◽  
Fundamental Rights And Freedoms ◽  
State Responses

This chapter outlines the future agenda for international human rights and provides an overview of some issues that are likely to characterize the evolution of international human rights in the future. These include non-State actors, including businesses. Environmental rights are also considered. The chapter also suggests that State responses to the threat of terrorism must be proportionate to said threat and must be in accordance with the law, respecting fundamental rights and freedoms.

International Human Rights Law and Practice in Latin America

2000 ◽  
Vol 54 (3) ◽  
pp. 633-659 ◽  
Author(s):  
Ellen L. Lutz ◽  
Kathryn Sikkink
Keyword(s):  
Human Rights ◽  
Latin America ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Consensus ◽  
State Compliance ◽  
International Human ◽  
Human Rights Norms ◽  
The Right

Human rights practices have improved significantly throughout Latin America during the 1990s, but different degrees of legalization are not the main explanation for these changes. We examine state compliance with three primary norms of international human rights law: the prohibition against torture, the prohibition against disappearance, and the right to democratic governance. Although these norms vary in their degree of obligation, precision, and delegation, states have improved their practices in all three issue-areas. The least amount of change has occurred in the most highly legalized issue-area—the prohibition against torture. We argue that a broad regional norm shift—a “norms cascade”—has led to increased regional and international consensus with respect to an interconnected bundle of human rights norms, including the three discussed in this article. These norms are reinforced by diverse legal and political enforcement mechanisms that help to implement and ensure compliance with them.

scholarly journals The duty to work as precondition for human dignity: a Swiss perspective on work programmes

2020 ◽  
pp. 89-112
Author(s):  
Melanie Studer ◽  
Kurt Pärli
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Fundamental Rights ◽  
Eligibility Criterion ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Right ◽  
Federal Supreme

In Switzerland, the participation in certain work programmes is an eligibility criterion to social assistance benefits and the constitutionally granted right to the financial means required for a decent standard of living. This chapter examines whether the implementation of these programmes is in accordance with fundamental rights and more precisely, whether they respect the normative framework elaborated in Chapter 4. As will be shown, the right to financial assistance when in need has close links to human dignity. Therefore, the evaluation of the mentioned work programmes against the human rights background leads to some critical conclusions on their compatibility with international human rights law in general and human dignity in particular. Especially, the authors argue that the Swiss Federal Supreme Court’s case law lacks a comprehensive approach for the evaluation of human rights infringements in this context.

The Qualification for Being a Refugee under eu Law: Religion as a Reason for Persecution

2014 ◽  
Vol 16 (4) ◽  
pp. 535-558
Author(s):  
Alexandra Maria Rodrigues Araújo
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Eu Law ◽  
Refugee Status ◽  
International Human Rights ◽  
Court Of Justice ◽  
International Human ◽  
The Individual ◽  
The Right ◽  
Human Rights Standards

The Court of Justice in Y and Z deals with persecution in the form of interference in the right to practise one’s religion. The main aspects of the judgment can be summarized in the following three statements: in order to be granted refugee status under eu law, only a severe violation of religious freedom can be regarded as an act of persecution; the severity of the acts of persecution must be identified on the basis of the nature of the repression inflicted on the individual and its consequences; the competent authorities cannot expect the applicant to abstain from religious practices upon the return to his country of origin. Y and Z is an undeniable reference towards the interpretation of religion-based persecution provisions of the Qualification Directive. From the perspective of religious freedom, the Court reinforces the commitment of the eu with the European and international human rights standards concerning this right.

Sovereign Rights of the State and the Scope of their Implementation in the Context of Development of the International Human Rights Law

2020 ◽  
Vol 11 (1) ◽  
pp. 164
Author(s):  
Iryna PROTSENKO ◽  
Кostiantyn SAVCHUK
Keyword(s):  
Human Rights ◽  
International Law ◽  
The State ◽  
Fundamental Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Adequate Treatment ◽  
International Human ◽  
The Right

In the contemporary science of international law, the state sovereignty issue lacks adequate treatment. In particular, the list and essence of sovereign rights and duties of the state are not defined, although these are referred to in some international legal instruments and resolutions of international courts and arbitrations. In addition, particular circumstances are being under development, which require if not precise outlining of the catalogue of fundamental rights of states, then at least determining the essence of some of these rights and the scope of their implementation. It goes about developing the practice to limit specific sovereign rights of the state to ensure the implementation of human rights (notably, the ones not directly related to the respective rights of the state). In this very way, the state is limited in its right to determine its own immigration policy. The fact is that the European Court of Human Rights (ECtHR) has ruled in some of its judgments that by implementing this right, the state violates the right to respect for private and family life provided for by the Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (ECHR). This resulted in ECtHR`s practice to be somewhat considered in the draft articles on the expulsion of aliens elaborated by the International Law Commission (ILC) in 2014. The examples from ECtHR`s practice analyzed in this paper provide the basis for the conclusion that the development of the International Human Rights Law is gradually narrowing the scope of the internal sovereign rights of the state.

Limitation of welfare to work: the prohibition of forced labour and the right to freely chosen work

2020 ◽  
pp. 67-88
Author(s):  
Elise Dermine
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fundamental Rights ◽  
Welfare To Work ◽  
International Human Rights ◽  
Legal Duty ◽  
Per Se ◽  
International Human ◽  
Forced Labour ◽  
The Right

Welfare-to-work programmes imply a legal duty to perform work, often accompanied by sanctions which can be questioned from the angle of human rights and the freedom of work. The chapter examines the conformity of those programmes with the prohibition of forced labour and the right to freely chosen work proclaimed in international human rights instruments. It shows that the mandatory character of those programmes does not violate per se the prohibition of forced labour, neither the right to freely chosen work. However, those fundamental rights set limits and frames the development of welfare to work measures. Through a rigorous analysis of the emerging international case law, the chapter identifies six criteria for assessing the conformity of welfare-to-work programmes with those rights.

Constitutionalisation of International Human Rights Law in the Jurisprudence of the Egyptian Supreme Constitutional Court

2018 ◽  
Vol 32 (3) ◽  
pp. 242-262
Author(s):  
Islam Ibrahim Chiha
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Development Education ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
International Human ◽  
Fundamental Rights And Freedoms

Abstract This article examines the status of international human rights law in the Egyptian legal system and investigates how Egypt’s Supreme Constitutional Court (SCC) uses international and foreign law in its constitutional interpretation of fundamental rights and freedoms. I argue that integrating international human rights law into the jurisprudence of the SCC is imperative both for protecting the rights and freedoms of Egyptian people and for resolving potential conflicts between national law and international law. I rely on cases covering rights to marriage, development, education and equality (especially for persons with disabilities).

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