The Applicability of International Human Rights Law to Non-State Actors: What Relevance to Economic, Social and Cultural Rights?

2008 ◽  
Vol 12 (5) ◽  
pp. 725-760 ◽  
Author(s):  
Manisuli Ssenyonjo
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Cultural Rights ◽  
International Human ◽  
State Actors

Conflict, ‘terrorism’ and non-state actors

2020 ◽  
pp. 141-154
Author(s):  
Féilim Ó hAdhmaill ◽  
Mike Ritchie
Keyword(s):  
Human Rights ◽  
Conflict Situation ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
State Actors ◽  
Global Peace

International Human Rights Law is supposed to operate at all times. However, during war/conflict it is often suspended to address an ‘emergency’. International Humanitarian Law attempts to deal with human rights protections during the specific circumstances of war. However, what happens when states refuse to recognise a conflict situation as a ‘war’? In a world where violent conflict increasingly involves non-state actors, where does that leave existing international human rights’ mechanisms? This chapter looks at the changing forms of conflict globally and the development of what has been termed ‘terrorism’. It critically assesses the concept of ‘terrorism’ and discusses the difficulties it poses for social science, universal human rights and the development of equality, stability and global peace.

14. Cultural rights

2017 ◽  
Author(s):  
Julie Ringelheim
Keyword(s):  
Human Rights ◽  
Scientific Progress ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Cultural Rights ◽  
Cultural Life ◽  
Material Interests ◽  
International Human ◽  
The Right

This chapter examines the sources of cultural rights in international human rights law, describes their evolution, and highlights the major debates regarding their interpretation. Specifically, it discusses the content and meaning of the right to take part in cultural life, the right to enjoy the benefits of scientific progress and its applications, and the rights of authors and inventors to the protection of their moral and material interests.

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.

Scholarly Perspectives

2013 ◽  
Author(s):  
Emilie M. Hafner-Burton
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
Social Scientists ◽  
International Human Rights ◽  
Cultural Rights ◽  
System P ◽  
International Human ◽  
Second Category

This chapter reviews scholarly research on international human rights law, focusing on systematic studies that are based on historical statistics and carried out by social scientists. The systematic, scholarly study of international human rights law can be grouped into two main categories. First are studies on the process of international law, such as on how judges in human rights tribunals make decisions. Second are studies that look for relationships between the presence of law (and laws of different types) and actual changes in human behavior. The chapter concentrates on the second category of research and highlights its main weaknesses. It also discusses some of the findings of statistical research regarding civil and political rights as well as economic, social, and cultural rights. Finally, it examines the mechanisms of influence of the international human rights legal system.

International law and armed non-state actors in Afghanistan

2011 ◽  
Vol 93 (881) ◽  
pp. 47-79 ◽  
Author(s):  
Annyssa Bellal ◽  
Gilles Giacca ◽  
Stuart Casey-Maslen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Responsibility ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
State Actors ◽  
Peremptory Norms

AbstractAn effective legal regime governing the actions of armed non-state actors in Afghanistan should encompass not only international humanitarian law but also international human rights law. While the applicability of Common Article 3 of the 1949 Geneva Conventions to the conflict is not controversial, how and to what extent Additional Protocol II applies is more difficult to assess, in particular in relation to the various armed actors operating in the country. The applicability of international human rights law to armed non-state actors – considered by the authors as important, particularly in Afghanistan – remains highly controversial. Nevertheless, its applicability to such actors exercising control over a population is slowly becoming more accepted. In addition, violations of peremptory norms of international law can also directly engage the legal responsibility of such groups.

scholarly journals ‘A Right to Water’ in International Human Rights Law: Flow from Implicit to Explicit Right

2017 ◽  
pp. 156-164
Author(s):  
Swechhya Sangroula
Keyword(s):  
Human Rights ◽  
Primary Source ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Cultural Rights ◽  
Secondary Sources ◽  
Social Council ◽  
Treaty Body ◽  
International Human

The paper relies on doctrinal method of study in determining whether a right to water exists under international human rights law. As primary source, the paper relies on the International Covenant on Economic, Social and Cultural Rights and the products of the ICESCR’s monitoring system: Economic and Social Council (ECOSOC) and particularly the work of the CESCR, which is the subsidiary body of the ECOSOC, tasked with monitoring functions, since 1985. The paper relies on the international interpretation of relevant ICESCRprovisions made by the CESCR as ‘evidence of the meaning and application of the Covenant’.1 The paper also relies on the study of relevant Concluding Observations issued by the CESCR during the course of its monitoring of states’ periodic reports. The primary reason, being, that unlike ICCPR’s Human Rights Committee jurisprudence, the ICESCR has not developed a body of jurisprudence from its treaty body. As secondary sources, scholarly writings and published academic debates have been referred to gauge the contents of the academic debate surrounding the issue.

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