scholarly journals Protecting working welfare recipients through human rights experimentalism

2021 ◽  
pp. 1-19
Author(s):  
Elise Dermine ◽  
Anja Eleveld
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
Empirical Study ◽  
Social Assistance ◽  
Case Law ◽  
Welfare Recipients ◽  
International Human Rights ◽  
Changing Environment ◽  
Gender Neutral ◽  
International Human

Abstract In this paper, we adopt an experimentalist approach to determining the content of international human rights for assessing national mandatory work programmes for recipients of social assistance (MWPs). This approach implies going back and forth between law and experience in order to determine the better way to secure human rights in an ever-changing environment. After having identified six criteria for evaluating MWPs in the soft case-law of international bodies, we confront this emerging international human rights framework with an empirical study on MWP practices in the Netherlands. This confrontation reveals that specific aspects of the capability for voice of working welfare recipients are absent in the human rights framework and that the framework is not gender-neutral. Including these aspects, we construct an experimentalist human-rights-based instrument that is suitable for evaluating national MWPs.

scholarly journals Interpretation of Economic, Social and Cultural Rights by Human Rights Bodies in Times of Economic Distress. The case of Greece

2017 ◽  
Vol 12 (1) ◽  
Author(s):  
Vasiliki Saranti
Keyword(s):  
Human Rights ◽  
Social Security ◽  
Special Reference ◽  
Economic Crisis ◽  
Case Law ◽  
International Human Rights ◽  
Economic Distress ◽  
Cultural Rights ◽  
International Human ◽  
Of Greece

Economic, social and cultural rights have borne the brunt of the recent economic crisis and the austerity measures adopted to counter it. Due to their gradual implementation and the need of positive measures to implement them, they were the first to be attacked. After discussing the possible ways of applying economic, social and cultural rights in the first part of the essay, I will then examine their application during economic crises with a special reference to Greece focusing mainly on two fields, labour rights and social security rights, and the case-law produced by international human rights bodies in that respect.

Right to the Truth and International Jurisprudence as the “Conscience” of Humanity. Comparative Insights from the European and Inter-American Courts of Human Rights

Global Jurist ◽  
2016 ◽  
Vol 16 (2) ◽  
Author(s):  
Anna Oriolo
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Comparative Perspective ◽  
San Jose ◽  
International Human Rights ◽  
Emerging Trends ◽  
International Human ◽  
The Right

AbstractIn recent decades, the right to the truth has increasingly come to the attention of international scholars and jurisprudence. Moving from the recognition of truth as a right in the international arena and exploring the reconstruction and evolution of the right to the truth in the international human rights courts’ case-law, the following analysis focuses on the ECtHR and IACtHR insights in a comparative perspective to conclude on the emerging trends of the Strasbourg Court and the Court of San José in interpreting and applying the right to the truth, thereby acting as the “conscience” of the whole of humanity.

The Right to Institute a Private Prosecution

2015 ◽  
Vol 4 (2) ◽  
pp. 222-255 ◽  
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
General Rule ◽  
State Intervention ◽  
Case Law ◽  
Legal Basis ◽  
International Human Rights ◽  
Locus Standi ◽  
International Human ◽  
The Right ◽  
Almost All

The general rule in almost all jurisdictions is that when an offence is committed, the suspect will be prosecuted by the state’s prosecutorial organ. However, there is one exception to this rule in many states – private prosecution. International human rights instruments do not provide for the right of a victim to institute a private prosecution. However, in many states legislation or case law provides for this right. Due to the fact that different states have different legal systems, it is important to study the features of private prosecutions in these jurisdictions. These features also demonstrate the limitations on the right to institute a private prosecution. In this article, the author analyses pieces of legislation or case law from states in Europe, Asia, Africa, Australasia, and North America to highlight how legislation or case law has dealt with the following aspects of private prosecution: legal basis for instituting a private prosecution; locus standi in private prosecutions; whether permission from the court or prosecuting authority is a pre-requisite for instituting a private prosecution; the threshold that has to be met to institute a private prosecution; the rights of the accused in private prosecutions; incurring the costs for a private prosecution; state intervention or involvement in private prosecutions; and abuse of private prosecutions.

scholarly journals The European Court of Human Rights’ Engagement with International Human Rights Instruments: Looking at the Cases of Domestic Violence

2021 ◽  
pp. 79-96
Author(s):  
Ebru Demir
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Specific Area ◽  
Case Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
European Court ◽  
International Human ◽  
Scope Of Protection

In its recent jurisprudence on domestic violence, the European Court of Human Rights started to examine the domestic violence cases in the light of relevant international human rights law developed in this specific area. This article examines the engagement of the European Court of Human Rights with other international and regional human rights instruments in domestic violence cases. Upon examination, the article concludes that by integrating its case law into international human rights law the European Court of Human Rights broadens the scope of protection for domestic violence victims and maintains the unity of international law.

scholarly journals ON DIGNITY, VULNERABILITY, INDIGENOUS PEOPLES AND FISHERFOLKS: CHILEAN SUBSISTENCE FISHING ACCORDING TO INTERNATIONAL HUMAN RIGHTS

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Eduardo Roig Monge
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Case Law ◽  
International Treaties ◽  
Conceptual Approach ◽  
International Human Rights ◽  
Right To Food ◽  
International Human ◽  
The Right ◽  
Subsistence Fishing

Abstract Subsistence fishing is a confusing and heterogeneous fishery construct. Even so, its connection to human protection compels us to analyze it through the lens of human rights. Using the case of Chile due to its legal peculiarities, we aim to determine the scope of the Chilean legislation on subsistence fishing, integrating international treaties on human rights, case law, and reports from United Nations agencies regarding three issues. First, we examine how the Chilean legislation relates to the right to food and the promotion of decent social conditions. Next, we explain why the prohibition of riggings and propulsion enables us to identify economically precarious users and how this prohibition is related to vulnerabilities and poverty as human rights concepts. Finally, we show how the property of indigenous peoples and the culture of fisherfolk populations could impose their inclusion and preferences in access to subsistence fishing resources. Considering the results, we hold that human rights help to clarify the understanding of it and propose partial amendments to the Chilean legislation on subsistence fishing. But, above all, they introduce protection standards that allow us to see such legislation not as a mere derivation of state privilege, but as an attempt to foster a situation of equality: an affirmative action. We conclude by presenting a conceptual approach for Chilean subsistence fishing, suggesting that it could help to unveil new objectives and rights in fishing, and even influence the understanding of natural resource allocation.

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