scholarly journals From constitutional to human rights: On the moral structure of international human rights

2014 ◽  
Vol 3 (3) ◽  
pp. 373-403 ◽  
Author(s):  
KAI MÖLLER
Keyword(s):  
Human Rights ◽  
Structural Features ◽  
Global Model ◽  
Constitutional Rights ◽  
International Human Rights ◽  
Global Consensus ◽  
Protection Of Human Rights ◽  
Joseph Raz ◽  
International Human ◽  
Moral Structure

AbstractThe paper presents a theory of the moral structure of international human rights. It proceeds by drawing on recent scholarship on the philosophy of national constitutional rights, which has shown that there is now an emerging global consensus on certain structural features of constitutional rights; in previous work I have summarized this under the label ‘the global model of constitutional rights’. Starting from the theory of rights underlying the global model, the paper asks what modifications, if any, are required to turn that theory into a suitable theory of international human rights. In particular, it examines the widely held view that international human rights are more minimalist than national constitutional rights. Discussing recent work by Ronald Dworkin (on political/constitutional versus human rights) and Joseph Raz (on legitimate authority versus national sovereignty), the paper concludes that it is not possible to make rights more minimalist than they already are under the global model. It follows that the moral structures of national constitutional rights and international human rights are identical. The final section of the paper examines some implications of this result, addressing the issues of the workability of the proposed conception of international human rights in practice, its point and purpose, and discussing the obligations of states to participate in international mechanisms for the protection of human rights.

Regional Human Rights

2021 ◽  
Keyword(s):  
Human Rights ◽  
International Human Rights ◽  
Protective Mechanisms ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Systems ◽  
Protection Of Human Rights ◽  
International Human ◽  
Local Languages ◽  
Specific Country

Regional human rights mechanism are now in place covering nearly all five continents with the notable exception of Australia. Regional and international human rights protection are not meant to thwart each other. On the contrary, the regional protection of human rights is intended to back up and strengthen the international one by translating human rights into local languages and supporting them with additional protective mechanisms like commissions and courts that enforce regional human rights documents. In this volume, five experts from various continents will introduce regional human rights protection systems in Europe, Africa, Asia, Latin America and Australia providing an overview of the regional protections vis-à-vis the international one and then contextualising it in specific country context.

The role of international human rights organisations in the context of the conflict in Eastern Ukraine

2021 ◽  
Vol 28 (1) ◽  
pp. 24-31
Author(s):  
Nina I. Karpachova
Keyword(s):  
Human Rights ◽  
Current Status ◽  
Human Rights Violations ◽  
International Human Rights ◽  
Quantitative And Qualitative Research ◽  
Human Rights Organizations ◽  
High Commissioner ◽  
Protection Of Human Rights ◽  
International Human

The task of this paper is to study the role of international human rights organizations in response to the conflict taking place in eastern Ukraine. The study is based on recent reports from the Office of the UN High Commissioner for Human Rights and the OSCE on Ukraine. The relevance of the stated topic is determined by the situation with human rights violations in the armed conflict in Ukraine and the significant role of international human rights organizations, making active efforts to resolve it. The purpose of this study is to determine the main aspects of the role that international organizations play in resolving this range of issues. This will help to identify potential opportunities to tackle the problem with human rights violations in the Ukrainian territories. The study combines quantitative and qualitative research of the entire spectrum of issues brought into the subject. The main results obtained are: analysis of the role and place of international human rights organizations in assessing the situation with the conflict in the Ukrainian territories and obtaining statistical information on the current status of human rights violations in these territories. The value of this paper lies in obtaining practical recommendations for finding ways to peacefully resolve the conflict in the East of Ukraine and implementing comprehensive measures to create conditions for the protection of human rights in this region

scholarly journals The Citizens’ Constitutional Rights Regarding Habitable and Wholesome Environment: Towards a Law State that Protects the Environment

2020 ◽  
Vol 4 (1) ◽  
pp. 81
Author(s):  
Nyoman Satyayudha Dananjaya ◽  
Fuchikawa Kazuhiko
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Due Process ◽  
Fundamental Rights ◽  
Constitutional Rights ◽  
Human Beings ◽  
Legal Research ◽  
International Human Rights ◽  
The Rule Of Law ◽  
Protection Of Human Rights

This paper aims to examine the protection of the environment in Indonesia which is part of the realization of a law state that guarantees the constitutional rights of its citizens. It is a legal research that reviews Indonesian constitutional and statutory provisions, besides adding a comparative perspective from a Japanese Constitution and legal system. It is found that the concept of a law state in Indonesia does not specifically follow the concept of a law state like what is meant in “rechtsstaat” or “the rule of law”. It has peculiar characteristics which indeed seem to adopt the noble values ??of those two concepts which clearly confesses in the constitution along with the elements and characters stated in it. One of the most prominent characteristics of a law state is the recognition and protection of human rights. In the Indonesian Constitution 1945, human rights as the fundamental rights of human beings have been arranged and compiled which is legally legitimized become constitutional rights. Among human rights, rights related to the environment include essential rights in array of international human rights formulations. Article 28 letter H of the Indonesian Constitution 1945 expressly states the rights to habitable and wholesome environment for citizen. The protection form can be a normative arrangement in the constitution or in a formal juridical through legislation. Protection of citizens' constitutional rights related to the environment is faced with due process of environmental protection that requires consistency in order to achieve the intention and direction of the Indonesian law state itself.

scholarly journals Jusnaturalism as the foundation of the concept of international protection of human rights in H. Lauterpacht’s works

2021 ◽  
pp. 392-396
Author(s):  
O. M. Sheredʹko
Keyword(s):  
Human Rights ◽  
International Law ◽  
Natural Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Protection Of Human Rights ◽  
International Human ◽  
International Document

Prominent international law scholar H. Lauterpacht devoted most of his exploratory work to the issue of human rights in international law.This article reveals H. Lauterpacht’s views on the role of international law in the recognition and consolidation of human rights and the role of jusnaturalism as the basis of international human rights law. Analyzing the works by H. Lauterpacht, we can say that the scholar was the founder of international human rights law. Natural law and natural human rights, according to H. Lauterpacht, have been the unchanging basis of human rights of all times.The origins and periodization of jusnaturalism in the works of leading international law scholar are considered. The main statements of the representatives of the natural law concept of different times, in particular, the basic ideas in the works of Socrates, Aulis Aarnio, Francisco de Vitoria, Francisco Suarez, Alberico Gentili, Thomas Hobbes, Samuel von Pufendorf, Hugo Grotius are outlined.The views of prominent philosophers are the foundation of the concept of jusnaturalism.  Numerous supporters of the concept of natural law in different periods of history testify to its importance at every stage of human rights development.International law in this matter is a kind of second stage of recognition and protection of human rights, after recognition in the national law of states.International law is designed to consolidate the rights granted by nature to the human in the international arena.H. Lauterpacht saw the real recognition and protection of human rights by enshrining them in an international document signed by all countries of the world.The scientist proposed a draft international document on the recognition of human rights at the international level called International Bill of the Rights of Man. The provisions proposed in this document were later enshrined in international instruments such as the Universal Declaration of Human Rights of 1948, the International Covenant on Economic, Social and Cultural Rights of 1966 and the International Covenant on Civil and Political Rights of 1966.

In Defense of Politicization of Human Rights

2020 ◽  
Author(s):  
Elvira Domínguez-Redondo
Keyword(s):  
Human Rights ◽  
International Level ◽  
International Human Rights ◽  
Solid Ground ◽  
Protection Of Human Rights ◽  
Institutional Status ◽  
International Human ◽  
Political Decisions ◽  
Comprehensive Study

International human rights mechanisms’ efficiency is normally linked to the work of independent experts keen to push the boundaries of accountability, against recalcitrant states determined to defend their sovereignty. As a corollary, progress in this field is associated with the creation and maintenance of political free spaces. Another common presumption, rather than fact, is a belief in a differentiated “North” versus “South” approach to the promotion and protection of human rights, that finds solid ground within the prevalent human rights discourses repeated by governmental and non-governmental actors. Through the lenses of the UN Special Procedures, In Defense of Politicization of Human Rights: The UN Special Procedures challenges these and other presumptions informing doctrinal studies, policies, and strategies to advance international human rights. In seeking to debunk commonly held views about the role of politics in human rights at the international level, this book constitutes the first comprehensive study of the Special Procedures as a system covering their history, methods of work, institutional status, and relationship with other politically driven organs and processes affecting their development. The perspective chosen to analyze the human rights mechanisms most vulnerable to political decisions determining their creation, renewal, and operationalization casts a new light on the extent to which these remain the cornerstone of global accountability in protecting the inherent dignity and worth of individuals as well as groups.

Part III Structural Principles, Ch.15 Subsidiarity

2013 ◽  
Author(s):  
Neuman Gerald L
Keyword(s):  
Human Rights ◽  
International Institutions ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Protection ◽  
Protection Of Human Rights ◽  
Structural Principles ◽  
International Human

This article examines the role of the principle of subsidiarity in international human rights law. It explains the concept and the procedural doctrines of subsidiarity and considers subsidiarity of international institutions as a structural fact and the substantive subsidiarity within the state. It contends that international protection of human rights is subsidiary to national protection and that subsidiarity plays important roles in international human rights law. This article also predicts the future expansion and evolution of the role of subsidiarity in international human rights law.

The Contemporary Significance of International Human Rights Law

2009 ◽  
Vol 22 (2) ◽  
pp. 217-223 ◽  
Author(s):  
THOMAS BUERGENTHAL
Keyword(s):  
Human Rights ◽  
Large Scale ◽  
Economic Consequences ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Gradual Loss ◽  
Substantial Progress ◽  
Protection Of Human Rights ◽  
International Human

AbstractJudge Buergenthal argues that the increased acceptance by states of international human rights obligations proclaimed in UN and regional treaties, reinforced by the jurisprudence of international and regional tribunals, accounts for the substantial progress that has been made in the protection of human rights throughout the world. The resultant political significance of international human rights law and the international community's growing expectation of compliance with that law explain why states engaging in large-scale human rights violations increasingly risk serious political and economic consequences for such practices. A state's continuing non-compliance with its international human rights obligations tends also to lead to the gradual loss by its government of the national and international legitimacy it needs in order to govern, which may in time contribute to its fall.

Constitutional Rights and their Relationship with International Human Rights in Ghana

2008 ◽  
Vol 41 (3) ◽  
pp. 677-702 ◽  
Author(s):  
A. Kodzo Paaku Kludze
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Past History ◽  
Legal Rights ◽  
Constitutional Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
History Of ◽  
International Human

Particularly in developing nations, the movement has been toward the articulation of elaborate provisions in constitutions which guarantee the basic human and peoples' rights of the citizenry. In many cases these are reflections of the immediate past history of the young nations which were strewn with ugly spectacles of dictatorships on their path to democracy. The history of Ghana is unfortunately an illustrative example. The Ghana Independence Constitution of 1957—a very brief document—was brief to a fault and bereft of any provision for human rights. It is clear that the experience of years of abuse of human, political, and civil rights in Ghana explains many of the current constitutional guarantees of basic rights spelt out in the 1992 Constitution in order to protect citizens against future abuses.In the past, treaty obligations under municipal laws of Ghana were such that even ratification of human rights treaties did not directly confer enforceable legal rights in the domestic courts of Ghana and implementing legislation was necessary to make a treaty right justiciable. In the 1992 Constitution of Ghana, the provisions of the Universal Declaration of Human Rights and of the African Charter on Human and Peoples' Rights, as well as others, are entrenched as constitutional provisions, are to be interpreted as such, and enforceable under the laws of Ghana. To the extent that drafters of the Ghana Constitution relied on the principles of the international human rights law enshrined in treaties and declarations, there are many similarities between the domestic law and some principles of international human rights law.

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