scholarly journals THE MEANING AND SCOPE OF ‘ASSEMBLY’ IN INTERNATIONAL HUMAN RIGHTS LAW

2020 ◽  
Vol 69 (3) ◽  
pp. 521-556
Author(s):  
Michael Hamilton
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
International Human Rights ◽  
Virtual Spaces ◽  
International Human ◽  
Civil And Political Rights ◽  
Definition Of ◽  
The Right

AbstractInformed by the ‘assembly’ jurisprudence of the United Nations Human Rights Committee, this article addresses fundamental questions about the meaning and scope of ‘assembly’ in Article 21 of the International Covenant on Civil and Political Rights (ICCPR). In seeking to determine when the right of peaceful assembly might properly be engaged, the article explores the interrelationship of assembly with expression and association and proposes a definition of ‘assembly’—for the purposes of its protection—as ‘an intentional gathering by two or more people (including in private and online/virtual spaces)’. Such definitional reflection is particularly timely in light of the Human Rights Committee's drafting of General Comment No 37 on Article 21.

Part 1 Freedom of Religion or Belief, 1.3 The Right to Manifest One’s Religion or Belief

2016 ◽  
Author(s):  
Bielefeldt Heiner, Prof ◽  
Ghanea Nazila, Dr ◽  
Wiener Michael, Dr
Keyword(s):  
Human Rights ◽  
Freedom Of Religion ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Civil And Political Rights ◽  
The Right

This chapter emphasizes that the outer manifestations of freedom of religion or belief (forum externum) are not in any sense less important than the inner nucleus of a person’s religious or belief-related conviction (forum internum), even though only the latter is protected unconditionally under international human rights law. This chapter also discusses the largely overlapping elements of the right to manifest one’s religion or belief ‘in worship, observance, practice and teaching’. Furthermore, it analyses the implications of the religion-related reservations, declarations, and objections made by a number of States when signing, ratifying, or acceding to the International Covenant on Civil and Political Rights.

scholarly journals International Human Rights Law and the Response to the covid-19 Pandemic

2020 ◽  
Vol 11 (2) ◽  
pp. 249-269
Author(s):  
Sarah Joseph
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
International Human Rights ◽  
Cultural Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
Civil And Political Rights ◽  
Do So

Abstract States have duties under Article 12(2)(c) of the International Covenant on Economic, Social and Cultural Rights and Article 6 of the International Covenant on Civil and Political Rights to prevent, control and treat covid-19. Implementation of these three obligations is analysed, taking account of countervailing human rights considerations. Regarding prevention, lockdowns designed to stop the spread of the virus are examined. Control measures are then discussed, namely transparency measures, quarantine, testing and tracing. The human rights compatibility of treatment measures, namely the provision of adequate medical and hospital care (or the failure to do so), are then examined. Finally, derogations from human rights treaties in times of pubic emergency are discussed.

JUSTIFYING BLASPHEMY LAWS: FREEDOM OF EXPRESSION, PUBLIC MORALS, AND INTERNATIONAL HUMAN RIGHTS LAW

2020 ◽  
Vol 35 (1) ◽  
pp. 33-60
Author(s):  
Neville Cox
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Moral Vision ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
International Human Rights ◽  
Racial Hatred ◽  
International Human ◽  
Civil And Political Rights

AbstractIn its General Comment No. 34 dealing with freedom of expression, the United Nations Human Rights Committee (UNHRC) rejected the idea that a blasphemy law could ever be human-rights compliant, unless its function was to prevent incitement to religious or racial hatred. This is a widely shared view that is consistently endorsed when any international blasphemy controversy (such as that involving the Danish Cartoons in 2005) arises. This article assesses the legitimacy of this view. The International Covenant on Civil and Political Rights (ICCPR) permits freedom of expression to be limited inter alia in the name of public morality, provided that the law in question is also necessary to achieve this end. This article argues that because a blasphemy law can be a response to a public moral vision; therefore a blasphemy law can serve a legitimate purpose insofar as human rights law is concerned. It is further submitted that whereas some blasphemy laws are unacceptably draconian, it is not inherently impossible for such a law to represent a proportionate response to a public morals concern. Thus, the conclusion from the UNHRC is not warranted by the text of the ICCPR. Moreover, there is a risk that, in reaching this conclusion the committee is evincing an exclusively secularist worldview in its interpretation of the ICCPR that undermines its claim to universality.

Sanitation

2019 ◽  
pp. 13-46
Author(s):  
Catarina de Albuquerque
Keyword(s):  
Human Rights ◽  
Final Section ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Definition Of ◽  
The Right

This chapter analyses the right to sanitation from a human rights perspective. It provides an understanding of when, how, and why the right to sanitation originated in the international human rights arena and how it has developed under international human rights law. It begins by highlighting the enormity of the sanitation crisis, briefly examines existing definitions of sanitation, and goes on to explain the inextricable links between sanitation and a wide variety of human rights. The final section offers a definition of sanitation in human rights terms and explores the scope and content of human rights obligations related to sanitation. The conclusion emphasizes the need to further focus on steps that will make the right to sanitation a reality particularly for the most stigmatized and marginalized in society.

The Influence of International Human Rights Law on the Israeli Legal System: Present and Future

1994 ◽  
Vol 28 (1) ◽  
pp. 136-153 ◽  
Author(s):  
Eyal Benvenisti
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Bill Of Rights ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Supreme Court ◽  
International Human ◽  
Civil And Political Rights ◽  
Constitutional Jurisprudence

Since Israel's independence, the Supreme Court has been very active in establishing and securing an impressive edifice of human rights. Lacking a written constitution, the Court has based its constitutional jurisprudence on the democratic character of the state. It has developed an “Israeli made” bill of rights, relying on comparative studies, yet with little reference to the standards set in international human rights instruments.Two legal events of the last three years may change the judicial attitude towards international human rights. The first major event was the Israeli government's ratification of important human rights conventions during 1991, first and foremost among them the 1966 Covenant on Civil and Political Rights, which has been named the “International Bill of Rights” (hereinafter: the 1966 Covenant).

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