A Critical Analysis of Life Imprisonment in Malawi

2017 ◽  
Vol 61 (3) ◽  
pp. 443-466
Author(s):  
Esther Gumboh
Keyword(s):  
Human Rights ◽  
International Standards ◽  
Political Rights ◽  
Bill Of Rights ◽  
Life Imprisonment ◽  
International Obligations ◽  
African Charter ◽  
Civil And Political Rights ◽  
Capital Crimes ◽  
Definition Of

AbstractThe abolition of the mandatory death penalty for murder in Malawi has attracted attention to life imprisonment as a possible punishment for capital crimes. This article considers the human rights challenges that life imprisonment in Malawi raises in view of the Bill of Rights and Malawi's international obligations under the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights, and other international and regional human rights instruments that prescribe various standards for punishment. The article argues that, in the absence of a clear statutory definition of life imprisonment and an inadequate release system, the application of life imprisonment in Malawi is inconsistent with the Bill of Rights and international standards on punishment.

Reformative and rehabilitative programs for prisoners with cognitive impairments: Australia’s international obligations

2017 ◽  
Vol 42 (2) ◽  
pp. 102-106
Author(s):  
Emma Henderson ◽  
Nicole Shackleton ◽  
Stephanie Falconer
Keyword(s):  
Human Rights ◽  
Cognitive Impairments ◽  
The State ◽  
Political Rights ◽  
Mental Impairment ◽  
Persons With Disabilities ◽  
International Obligations ◽  
Civil And Political Rights

While there has been much recent controversy relating to the abusive treatment of young prisoners and the failure of the State to properly facilitate the rehabilitation and reformation of young detainees, little attention has been paid to similar failures in relation to prisoners with cognitive impairments. In this article, we argue that Article 10.3 of the International Covenant on Civil and Political Rights and Article 26 of the Convention on the Rights of Persons with Disabilities require Australia to ensure that the conditions of detention of all prisoners are primarily reformative and rehabilitative. Analysing relevant jurisprudence, we argue that Australia is systematically failing to meet its human rights obligations to prisoners found ‘not guilty’ by reason of mental impairment.

The Protection of Human Rights by the Organization of American States

1968 ◽  
Vol 62 (4) ◽  
pp. 889-908 ◽  
Author(s):  
José A. Cabranes
Keyword(s):  
Human Rights ◽  
San Francisco ◽  
General Assembly ◽  
Political Rights ◽  
Bill Of Rights ◽  
Cultural Rights ◽  
Optional Protocol ◽  
American States ◽  
Protection Of Human Rights ◽  
Civil And Political Rights

On December 16, 1966, the General Assembly approved three agreements designed to establish a global system of enforceable treaty obligations with respect to fundamental human rights. These agreements are the second part of the “international bill of rights” proposed at the San Francisco Conference. Eighteen years separated the adoption of these agreements—the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, and the Optional Protocol to the International Covenant on Civil and Political Rights—and the approval in 1948 of the first part of the projected United Nations program for the protection of human rights, the non-binding Universal declaration of Human Rights.

Vitalising International Human Rights Law as Legal Authority: Freedom of Expression Enjoyed by Australian Public Servants and Article 19 of the International Covenant on Civil and Political Rights

2020 ◽  
Vol 43 (3) ◽  
Author(s):  
Azadeh Dastyari
Keyword(s):  
Human Rights ◽  
Political Communication ◽  
Freedom Of Expression ◽  
Legal Framework ◽  
International Human Rights Law ◽  
Political Rights ◽  
Public Servants ◽  
Public Servant ◽  
International Obligations ◽  
Civil And Political Rights

Michaela Banerji was a Commonwealth public servant when she was fired for sending up to 9000 messages on the public platform twitter criticising her employer; Australia’s human rights record; politicians; and public servants. The tweets did not disclose Ms Banerji’s name or occupation and all (except for one) tweet was sent in Ms Banerji’s private time. In 2019, the High Court confirmed that Ms Banerji’s tweets were not protected by the implied freedom of political communication in the Australian Constitution. Ms Banerji is not alone in having her ability to communicate her political views limited by her employment with the Australian public service. All Commonwealth public servants are bound by a legal framework that curtails their ability to criticise government policies. This article argues that the current regime restricting political communication by public servants in Australia is excessive and is not consistent with Australia’s international obligations under article 19 of the International Covenant on Civil and Political Rights.

How American International Lawyers Prepared for the San Francisco Bill of Rights

1995 ◽  
Vol 89 (3) ◽  
pp. 540-553 ◽  
Author(s):  
Louis B. Sohn
Keyword(s):  
Human Rights ◽  
San Francisco ◽  
Social Rights ◽  
Political Rights ◽  
Bill Of Rights ◽  
Fundamental Freedoms ◽  
Civil And Political Rights ◽  
The Law

Too much has been written lately about the limited approach to human rights at Dumbarton Oaks, the struggle at the San Francisco Conference, and the great flowering of declarations, conventions, covenants and instruments to implement them in the last fifty years. Instead of adding another retelling of these more than twice-told tales, this essay tries to look at the origin of two less known contributions to the law of human rights—the broad nondiscrimination clause which added a more practical meaning to the vague “human rights and fundamental freedoms” phrase; and the bold addition of economic and social rights to the more traditional civil and political rights.

Applying International Standards in Enforcing the Right to Personal Liberty in Cameroon: Challenges and Prospects

2016 ◽  
Vol 60 (3) ◽  
pp. 389-417
Author(s):  
Laura-Stella Enonchong
Keyword(s):  
Critical Review ◽  
International Standards ◽  
Political Rights ◽  
Personal Liberty ◽  
Article 9 ◽  
African Charter ◽  
Civil And Political Rights ◽  
The Right

AbstractThis article examines the problematic enforcement of the right to personal liberty in Cameroon. It offers a critical review of that right by assessing its compatibility with international standards endorsed by article 9 of the International Covenant on Civil and Political Rights and article 6 of the African Charter on Human and Peoples’ Rights. It finds that, although a small number of provisions are not sufficiently robust to protect that right adequately, for the most part the Cameroonian provisions reflect international standards. In the light of that assessment, the article seeks to identify the impediments to the effective enforcement of the right and to recommend the most effective and feasible mechanisms for developing a robust enforcement framework for the protection and promotion of the right to personal liberty in Cameroon.

Part III Organs Monitoring Treaty Compliance, 10 The Human Rights Committee

2020 ◽  
Author(s):  
Hennebel Ludovic
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Universal Declaration ◽  
Political Rights ◽  
Bill Of Rights ◽  
International Human Rights ◽  
Treaty Compliance ◽  
International Human ◽  
Civil And Political Rights ◽  
The United Nations

This chapter discusses the United Nations Human Rights Committee, which is in charge of the supervision of a major human rights treaty within the UN machinery, the International Covenant on Civil and Political Rights (ICCPR). This was adopted in 1966 and came into force in 1976. The Human Rights Committee enjoys a peculiar position in the international human rights architecture. It has been labelled ‘as one of the most active and innovative’ bodies among the UN institutions involved in human rights monitoring, considering that it is in charge of one of the two covenants which, together with the Universal Declaration, are sometimes presented as the ‘International Bill of Rights’ and covers the broadest subject-jurisdiction matter. At the same time, the Committee and its work remain overlooked and quite obscure even for most human rights lawyers and certainly for a lay audience. The chapter assesses the Committee’s mechanisms and work.

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.

Nganyi and Nine Others v. United Republic of Tanzania

2021 ◽  
Vol 191 ◽  
pp. 374-401
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
Material Loss ◽  
United Republic ◽  
Human Rights Treaties ◽  
United Republic Of Tanzania ◽  
Implementation Costs ◽  
African Charter ◽  
Civil And Political Rights ◽  
Legal Fees

Damages — Pecuniary reparations — Material loss — Loss of income — Proof of loss — Legal fees — Non-material loss — Loss suffered by victims — Material prejudice suffered by indirect victims — Quantum of compensation — Compensation on an equitable basis — Reparations — Whether merits judgment providing sufficient reparation — Order of release for applicants serving jail term — Non-repetition of violations — Order for publication of judgment — Report on implementation — Costs Human rights — Treaties — African Charter on Human and Peoples’ Rights, 1981 — International Covenant on Civil and Political Rights, 1966 — Judgment on merits — United Republic of Tanzania in violation of rights of ten Kenyan citizens to fair trial — Right to be tried within a reasonable time — Right to counsel — Reparations — Human rights violations for which compensation due International tribunals — African Court on Human and Peoples’ Rights — Judgments — Implementation — Reparations — Requirement of publication

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