scholarly journals How do international human rights influence national healthcare provisions for irregular migrants?: A case study in France and the United Kingdom

2015 ◽  
Vol 15 (2) ◽  
pp. 208-228 ◽  
Author(s):  
Milena Chimienti ◽  
John Solomos
2013 ◽  
Vol 15 (3) ◽  
pp. 293-315 ◽  
Author(s):  
Jessie Brechin

The use of Islamic norms in the determination of arbitration in England and Wales has become a source of great controversy. Concerns are raised for the human rights of vulnerable parties who may be pressured into arbitrations and who may not be treated fairly under the agreed rules of arbitration or by arbitrators themselves. The Arbitration Act 1996 limits the ability to appeal arbitration decisions and as such does not safeguard the rights of these parties. As a signatory to the European Convention on Human Rights the UK is under an obligation to uphold human rights standards domestically, and it is argued that the way in which arbitration on religious norms is currently regulated does not comply with this obligation. This article considers some of the possible adaptations or alterations that could rectify the situation, improving parties' experience of religious arbitration and ensuring that the system remains compatible with international human rights obligations.


2021 ◽  
pp. 092405192110169
Author(s):  
Matthieu Niederhauser

The implementation of international human rights law in federal States is an underexplored process. Subnational entities regularly enjoy a degree of sovereignty, which raises questions such as whether they implement obligations of international law and how the federal level may ensure that implementation takes place at the subnational level. This article aims to answer these questions, using the implementation of the Convention on Preventing and Combating Violence against Women and Domestic Violence (Convention) in Switzerland as a case study. To implement the Convention at the cantonal level, federal actors decided to use networks of civil servants in charge of domestic violence issues, who act as governmental human rights focal points (GHRFPs). This article is based on original empirical data, on 25 interviews with State officials who participate in this implementation. The findings show how complex GHRFPs networks work in practice to implement the Convention and highlight the role played by numerous non-legal State actors in this process. As a result, the article argues that international human rights law implementation becomes more diversified both within and across federal States.


2015 ◽  
Vol 16 (1-2) ◽  
pp. 104-149 ◽  
Author(s):  
Deepika Udagama

Domestic application of international human rights law may encounter more serious obstacles than purely doctrinal constraints due to political factors. Sri Lanka offers an interesting case study in that regard. Once a committed democracy with high social indicators, it descended into authoritarianism and political violence a few decades after independence. This article examines the interplay between Sri Lanka’s dualist legal system and its international human rights obligations and points to how the relationship is increasingly being defined by political factors than doctrinal complexities. It argues that in such circumstances remedial action may lie more within the political arena than before legal forums.


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