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.

Abortion and Human Rights in Central America

Janus Head ◽  
2019 ◽  
Vol 17 (1) ◽  
pp. 9-43
Author(s):  
Gabriela Arguedas-Ramirez ◽  
Keyword(s):  
Human Rights ◽  
Central America ◽  
Legal Abortion ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Political Dialogue ◽  
Democratic State ◽  
The Subject ◽  
International Human

This essay aims to show that the nations of Central America must create access to safe and legal abortion as well as promote a political dialogue on the subject that is based on reason and science, rather than religion. Not only does prohibiting abortion constitute a violation of women's human rights, but, based on international human rights law as well as the minimum duties of civil ethics, failing in to provide such access or dialogue would mean failing to meet the standards of a legitimate democratic state.

scholarly journals Assessing U.S. Targeted Killings Under An International Human Rights Law Framework

2018 ◽  
Vol 1 (1) ◽  
pp. 19
Author(s):  
Michael Ramsden
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Decision Makers ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Domestic Legislation ◽  
The Us ◽  
International Human ◽  
Post Hoc

The US practice of targeted killings provokes difficult questions concerning the appropriate legal framework and the standards that govern such strikes. This article will argue that, in certain cases, it is necessary to examine the legality of targeted killings under international human rights law (IHRL). An explicit IHRL justification for targeted killings is important and, at present, often ignored by the US. IHRL requires any use of lethal force to be proportionate to the legitimate aim of safeguarding life and a necessary measure with no other reasonable means available to address the threat. It is possible, following a survey of human rights decision-makers, that targeted killings in exceptional circumstances are justifiable under IHRL. It is also incumbent on the US to pass domestic legislation that provides a legal basis for strikes disconnected to September 11, and also the provision of administrative and judicial review in order to provide a post-hoc check on targeted killing decisions.

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.

International Human Rights Law

2019 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Freedom Of Expression ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Subject ◽  
International Human ◽  
The United Nations ◽  
The Right

International Human Rights Law provides a concise introduction for students new to the subject. Clearly written and broad in scope, this popular text gives a concise introduction to international human rights, including regional systems of protection and the key substantive rights. The author skillfully guides you through the complexities of the subject, making it accessible to those with little or no prior legal and/or international knowledge. Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings are provided at the end of each chapter. The book continues to be relied upon by students worldwide as the first book to turn to for clear and accurate coverage. It discusses the United Nations; the United Nations’ organizational structure; regional protection of human rights; Europe; the Americas; Africa; key treaties and mechanisms for monitoring, implementing, and enforcing human rights; substantive rights; equality and non-discrimination; the right to life; freedom from torture; cruel, inhuman, and degrading treatment or punishment; the rights to liberty of person; equality before the law; the right to a fair trial; the right to self-determination; freedom of expression; the right to work; the right to education and human rights education; minority rights; and group rights.

Due Diligence and the Duty to Protect Human Rights

2020 ◽  
pp. 92-108
Author(s):  
Björnstjern Baade
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Due Diligence ◽  
Human Rights Law ◽  
Gender Based Violence ◽  
International Human Rights ◽  
International Human ◽  
Duty To Protect ◽  
Systemic Problems ◽  
Gender Based

This chapter shows that a state’s duty to protect human rights is an obligation that requires due diligence. As a standard of conduct under international human rights law, due diligence demands balancing a foreseeable risk to a protected interest against countervailing interests. The chapter reviews the practice of human rights courts and treaty bodies, concerning gender-based violence, business activities, official misconduct, and natural hazards. It reveals the way that due diligence requirements are operationalised in practice. The chapter argues that, despite occasional arguments to the contrary, due diligence does not dilute established standards of international human rights law but complements them. It serves to effectively mitigate risks to human rights no matter the risks’ source, in a manner that is also able to address systemic problems.

Impacts of the interpretative interaction between international human rights law and the Refugee Convention

2021 ◽  
Vol 10 (1) ◽  
pp. 96-120
Author(s):  
Spyridoula Katsoni
Keyword(s):  
Human Rights ◽  
Decision Makers ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Refugee Convention ◽  
International Human ◽  
Academic Debate

The article addresses the issue of interpretative interaction between international human rights law (IHRL) and the Refugee Convention against the background of an ongoing academic debate on the primacy or complementarity of the protection granted to refugees through IHRL. Specifically, it highlights the multifarious ways in which decision-makers and academics have sought interpretative guidance from IHRL in order to interpret the provisions of the Refugee Convention and vice versa. Moreover, it identifies the interpretative patterns to which this guidance has led. Ultimately, the article contributes to the debate through the identification of the impacts of interpretative interaction between IHRL and the Refugee Convention on the question of protection of refugees.

International Human Rights Law

2018 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Freedom Of Expression ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Subject ◽  
International Human ◽  
The United Nations ◽  
The Right

International Human Rights Law provides a concise introduction for students new to the subject. Clearly written and broad in scope, this popular text gives a concise introduction to international human rights, including regional systems of protection and the key substantive rights. The author skillfully guides you through the complexities of the subject, making it accessible to those with little or no prior legal and/or international knowledge. Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings are provided at the end of each chapter. The book continues to be relied upon by students worldwide as the first book to turn to for clear and accurate coverage. It discusses the United Nations; the International Bill of Human Rights; the United Nations’ organizational structure; regional protection of human rights; Europe; the Americas; Africa; monitoring, implementing, and enforcing human rights; substantive rights; equality and non-discrimination; the right to life; freedom from torture; cruel, inhuman, and degrading treatment or punishment; the rights to liberty of person; equality before the law; the right to a fair trial; the right to self-determination; freedom of expression; the right to work; the right to education and human rights education; minority rights; and group rights.

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?

Sign in / Sign up

Export Citation Format

Share Document