Human Rights, Refugees, and Other Displaced Persons in International Law

2012 ◽  
pp. 176-205
Author(s):  
Geoff Gilbert
Keyword(s):  
Human Rights ◽  
International Law ◽  
Displaced Persons

scholarly journals The International Law and Politics of Water Access: Experiences of Displacement, Statelessness, and Armed Conflict

Water ◽  
2020 ◽  
Vol 12 (2) ◽  
pp. 340
Author(s):  
Carly A. Krakow
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
International Law ◽  
Armed Conflict ◽  
Vulnerable Groups ◽  
Displaced Persons ◽  
Water Access ◽  
Human Right ◽  
Sovereign State ◽  
Conflict Zones

This article analyses international law regarding the human right to water as it impacts people who are stateless, displaced, and/or residents of armed conflict zones in the contemporary Middle East. Deficiencies in international law, including humanitarian, water, human rights, and criminal law, are examined to demonstrate international law’s strengths and weaknesses for functioning as a guarantor of essential rights for vulnerable groups already facing challenges resulting from ambiguous legal statuses. What are the political factors causing lack of water access, and what international legal protections exist to protect vulnerable groups when affected by water denial? The analysis is framed by Hannah Arendt’s assertion that loss of citizenship in a sovereign state leaves people lacking “the right to have rights”, as human rights are inextricably connected to civil rights. This article demonstrates that stateless/displaced persons and armed conflict zone residents are disproportionately impacted by lack of water, yet uniquely vulnerable under international law. This paper offers unprecedented analysis of international criminal law’s role in grappling with water access restrictions. I challenge existing “water wars” arguments, instead proposing remedies for international law’s struggle to guarantee the human right to water for refugees/internally displaced persons (IDPs). Examples include Israel/Palestine, Syria, Iraq, and Yemen. A key original contribution is the application of Arendt’s theory of the totalising impacts of human rights violations to cases of water access denial, arguing that these scenarios are examples of environmental injustice that restrict vulnerable persons’ abilities to access their human rights.

Forced Displacement and Broken Ties

Fully Human ◽  
2019 ◽  
pp. 79-100
Author(s):  
Lindsey N. Kingston
Keyword(s):  
Human Rights ◽  
North America ◽  
International Law ◽  
Asylum Seekers ◽  
Current System ◽  
Illegal Immigrants ◽  
Displaced Persons ◽  
Forced Displacement ◽  
Human Rights Abuses ◽  
False Assumption

Although most forcibly displaced persons are legal nationals of a state, they lack functioning citizenship with their governments. In fact, their governments are often responsible for the human rights abuses and conflicts that prompted their displacement to begin with. While some protections under international law are meant to fill the gaps created by these broken ties, in reality the displaced suffer widespread human rights abuses in the absence of a reliable state duty-bearer. Anti–Syrian refugee sentiments in Europe, refugee detention in Australia, and the stubborn refusal to acknowledge many “illegal immigrants” as asylum-seekers in North America are just a few examples of the severe challenges to basic human rights the forcibly displaced face in the absence of functioning citizenship. The inadequacies of refugee rights, including the false assumption that displacement is anything less than normal in our current system, lead to glaring denials of the rights to place and purpose for the displaced.

scholarly journals ENVIRONMENTAL-INDUCED DISPLACEMENT: POTENTIAL PROTECTION UNDER INTERNATIONAL LAW?

2020 ◽  
Vol 9 (2) ◽  
pp. 168
Author(s):  
Irawati Handayani ◽  
Anisa Fauziah
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
International Law ◽  
Legal Protection ◽  
International Human Rights Law ◽  
Displaced Persons ◽  
International Human Rights ◽  
Displacement Potential ◽  
The Status ◽  
International Human

<em>Climate change, environmental degradation, and natural disasters are some of the push factors of cross-border displacement. The consequence of this movement is the loss of legal protection from the country of origin of the displaced persons. They are not categorized as refugees as such and no international law specifically regulates the protection of climate displaced persons. This paper will try to analyze the legal protection of climate refugees based on international law. The paper elaborates the context of migration caused by climate change and its relevance with the 1951 Convention on the Status of Refugee, possibility of interpretation of the convention to cover environmental induced displacement and protection under international human rights instruments. The research concludes that it is quite difficult to include climate change-induced displacement under the 1951 Convention on the Status of Refugee even through interpretation. However, it does not mean that the people cannot be protected. International law, especially International Human Rights Law extends protection to peoples belongs to that group.</em>

Making Human Rights a Reality

2013 ◽  
Author(s):  
Emilie M. Hafner-Burton
Keyword(s):  
Human Rights ◽  
International Law ◽  
World Population ◽  
International Human Rights Law ◽  
Legal Norms ◽  
Human Rights Protection ◽  
National Human ◽  
The World ◽  
Protection Of Human Rights ◽  
National Human Rights Institutions

In the last six decades, one of the most striking developments in international law is the emergence of a massive body of legal norms and procedures aimed at protecting human rights. In many countries, though, there is little relationship between international law and the actual protection of human rights on the ground. This book takes a fresh look at why it's been so hard for international law to have much impact in parts of the world where human rights are most at risk. The book argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights “stewards” can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions. To date, promoters of international human rights law have relied too heavily on setting universal goals and procedures and not enough on assessing what actually works and setting priorities. This book illustrates how, with a different strategy, human rights stewards can make international law more effective and also safeguard human rights for more of the world population.

Can Multinational Corporations be responsible for human rights violation of its outsourcee company? Response of national or international law?

2020 ◽  
Vol 20 (1) ◽  
pp. 153-179
Author(s):  
Alessandro Suppa ◽  
Pavel Bureš
Keyword(s):  
Human Rights ◽  
International Law ◽  
Multinational Corporations ◽  
Corporate Law ◽  
International Economy ◽  
Due Diligence ◽  
Business And Human Rights ◽  
Original Question ◽  
Definition Of ◽  
Human Rights Violation

SummaryNowadays, an important role in the world is played by Multinational Corporations (MNCs). They hire, produce, and influence the international economy, but also, they exploit, pollute. Their business activities might have a worldwide effect on human lives. The question of the responsibility of MNCs has drawn the attention of many scholars, mainly from the study field labelled “Business and Human Rights”. The present paper does not examine the topic under the same approach. The authors aim at presenting the issue in a broader perspective, exploring the concept of due diligence both in international and corporate law. In this paper, authors strategically use the uniformity of national legislations as a possible and alternative solution to the issue. They are aware of three fundamental factors: 1) the definition of MNCs needs to be as clear as possible, so to avoid any degree of uncertainty; 2) the outsourcing phenomenon interacts with that definition; 3) in case of no possibility to include outsourcing in the definition of MNC, the original question arises in a significant way.

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

2010 ◽  
Vol 1 (2) ◽  
pp. 117-135
Author(s):  
Bożena Drzewicka
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
The West ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The World ◽  
International Human

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.

Derechos económicos, sociales y culturales más vulnerados a personas en situación de desplazamiento

2016 ◽  
Vol 9 (14) ◽  
pp. 130-135
Author(s):  
Carlos Torres Cetina
Keyword(s):  
Human Rights ◽  
Everyday Life ◽  
Displaced Persons ◽  
Derechos Humanos ◽  
Decent Life

El presente artículo tiene como finalidad reflexionar so- bre los derechos económicos, sociales y culturales (desc), unos de los más vulnerados a las personas en situación de desplazamiento en Colombia; se tendrán en cuenta los re- portes de organizaciones especializadas en el tema, como el Departamento para la Prosperidad Social (dps) y la Consultoría para los Derechos Humanos y el Desplaza- miento (codhes). Se busca conocer y describir en qué consisten los desc, su importancia para una vida digna, y cómo en situación de desplazamiento las personas están sujetas a nuevas di- námicas en sus vidas, que hacen que adopten otro tipo de acciones y actividades que no eran propias de su cotidia- nidad. This article aims to reflect on what are the Economic, So- cial and Cultural most violated of people in situation of displacement in Colombia, will take into account reports from organizations such as the Department for Social Prosperity (dps) and the consultancy for Human Rights and Displacement (codhes), organizations specializing in this subject. This article seeks to understand and describe what these desc and their importance for a decent life for each per- son, and how as displaced persons are subject to new dy- namics in their lives causing them to take other actions and activities that were not typical of everyday life. 

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