scholarly journals Crime, Diversity, Culture, and Cultural Defense

2018 ◽  
Author(s):  
Clara Rigoni
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Indigenous Populations ◽  
Access To Justice ◽  
Criminal Proceedings ◽  
International Human Rights ◽  
Criminal Justice Systems ◽  
International Human ◽  
Justice Systems ◽  
Cultural Defense

Contemporary societies are culturally diverse. This diversity can be the result of different historical and social processes and might affect the uniformity and efficiency of criminal justice systems. Colonization of indigenous populations that started in the 15th century later European colonization of Africa and migration flows following the Second World War have contributed to this diversity in different ways. The growing importance acquired by culture in the criminal law domain went hand in hand with the attention received by it both in the human rights field (especially linked to minority rights) and in the field of sociological and criminological theories. Nowadays, crimes such as female genital mutilation, forced marriages, and other behaviors grounded in “culture or tradition” form the object of several international human rights instruments and media reports. The way in which criminal justice systems deal with such cases, and more in general with cultural factors, varies greatly. Different instruments have been proposed to allow the consideration of cultural elements within criminal proceedings among which (in common law countries) is the formalization of an autonomous “cultural defense.” However, international human rights instruments, especially those protecting the rights of vulnerable subjects such as women and children, have repeatedly discouraged states to take into account “culture, religion, and tradition” as grounds for justification (see, e.g., the Istanbul Convention). Criminal proceedings are not the only setting to deal with culture and crime. More recently, the development of alternative dispute resolution mechanisms and restorative justice both within formal and informal (community) settings have given an additional option to take culture into account in the resolution of disputes (in terms of procedures used and normativities in play). Concerns exist with regard to the substantive and procedural rights of participants to these programs. However, these alternatives could represent a way to allow a certain degree of legal pluralism and facilitate access to justice for minority groups.

The Influence of International Human Rights Law upon Criminal Justice Systems

2002 ◽  
Vol 66 (6) ◽  
pp. 510-527 ◽  
Author(s):  
Javaid Rehman
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
International Law ◽  
Undergraduate Students ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Criminal Justice Systems ◽  
International Human ◽  
Justice Systems

Is international law, law in the real sense? This is a question that has been frequently posed not only by inquisitive undergraduate students, but also by national law practitioners. The sceptics of international law point to the absence of firmly established legislative, executive and judicial mechanisms—mechanisms that represent the essence of an effective legal system. The influence of human rights law upon national laws may appear particularly limited and tenuous. Furthermore, in the light of significant violations of individual and collective rights, there is scepticism about the effectiveness or influence of international human rights law upon national legal systems. This article, in challenging those sceptics who question the effectiveness of international human rights law, argues in favour of a strong and influential relationship between national criminal justice systems and international human rights law.

Liability of Multinational Corporations in Canada for International Human Rights Violations

2021 ◽  
pp. 113-139
Author(s):  
Bruce W. Johnston
Keyword(s):  
Human Rights ◽  
Multinational Corporations ◽  
Civil Law ◽  
Access To Justice ◽  
International Human Rights Law ◽  
International Human Rights ◽  
Human Rights Abuses ◽  
Class Actions ◽  
Forum Non Conveniens ◽  
International Human

Bruce W. Johnston reviews the current state of play in Canada regarding the imposition of civil liability on multinationals for human rights abuses occurring overseas. He explains the bijural nature of the legal system and the consequential developments of civil law in Quebec and common law elsewhere. He outlines, by reference to case law, the relevant law on jurisdiction, including in class actions, and application of forum non conveniens, forum necessitatis, and choice of law, under common and civil law. Regarding causes of action, he considers the corporate veil hurdle and important judgments on direct liability of the parent company, in Choc v. Hudbay Minerals and most strikingly, the direct application of customary international human rights law by the Supreme Court in Nevsun. Equally important in terms of practical access to justice, the chapter outlines the rules on procedures relating to opt-out class actions, legal costs, including litigation funding.

3 Right to be Presumed Innocent

2021 ◽  
Author(s):  
Clooney Amal ◽  
Webb Philippa
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Burden Of Proof ◽  
Reasonable Doubt ◽  
International Human Rights ◽  
The Rule Of Law ◽  
Human Rights Treaties ◽  
International Human ◽  
Assessment Of Evidence ◽  
The Right

This chapter focuses on the right to be presumed innocent, one of the most ancient and important principles of criminal justice, and a prerequisite for any system based on the rule of law. The right is absolute and non-derogable and, at its core, prohibits convictions that are predetermined or based on flimsy grounds. International human rights bodies have therefore found that where a conviction is based on non-existent, insufficient, or unreliable evidence, the presumption has been violated and a miscarriage of justice has occurred. More frequently, international human rights bodies have applied the presumption to require specific procedural protections during a trial. These include guarantees that the prosecution bears the burden of proving a defendant’s guilt beyond reasonable doubt, and that the defendant should not be presented or described as a criminal before he has been proved to be one. The chapter concludes that the presumption is protected in similar terms in international human rights treaties, but also highlights divergences in international jurisprudence relating to the standard for finding that a court’s assessment of evidence violates the presumption, the permissibility of reversing the burden of proof, and the extent to which the presumption applies after a trial has been completed.

scholarly journals International Human Rights in Canada: At the Juncture of Law and Politics

2013 ◽  
Vol 41 (1) ◽  
pp. 1-15 ◽  
Author(s):  
Faisal Bhabha
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Access To Justice ◽  
Supreme Court Of Canada ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Law And Politics ◽  
The Status ◽  
International Human

Thank you for the opportunity to address the very timely topic of international human rights law from the Canadian perspective. As my title suggests, my analysis of this topic sits at the intersection of law and politics, as so much of international law necessarily does. I will proceed in three parts. First, I will provide a sketch of the political context, drawing from recent events and trends, to describe a conflicted official government approach to international human rights. Next, I will examine the formal legal status of international human rights law in Canada, drawing selectively from key Supreme Court of Canada decisions. This will be far from a comprehensive account. Finally, I will discuss the recent adoption of the newest international human rights treaty, the disability convention, and discuss calls to promote access to justice at the international level for breaches of Convention norms domestically. Notwithstanding important efforts to advance the status of international human rights law in Canada, my overall observation is that, in both law and politics, the Canadian approach to international human rights is predominantly inward looking.

Aborginal English in the Legal System

1999 ◽  
Vol 27 (1) ◽  
pp. 35-42 ◽  
Author(s):  
Megan Suarez
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Legal System ◽  
Justice System ◽  
Equal Opportunity ◽  
Aboriginal People ◽  
International Human Rights ◽  
Aboriginal Community ◽  
International Human ◽  
The Government

The Australian legal system is based on the principle of equality before the law for all its citizens. The government of Australia also passed the international Human Rights and Equal Opportunity Commission Act in 1986, although these rights are not accessible to all Australians in the legal system (Bird 1995:3). The Australian legal system has failed to grant equality for all its people. The Aboriginal community is severely disadvantaged within the legal system because the Australian criminal justice system has “institutionalised discrimination” against Aboriginal people through communication barriers (Goldflam 1995: 29).

scholarly journals Combating Transnational Organised Crime through International Human Rights Law

2019 ◽  
Vol 8 (1) ◽  
pp. 1-37
Author(s):  
Tom Obokata
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Holistic Approach ◽  
Organised Crime ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Forced Labour

This article explores the key obligations imposed upon States under international human rights law to combat transnational organised crime. It begins by highlighting a number of human rights which are affected by various forms of organised crime, such as the rights to life, liberty and security, health, property, culture, as well as the prohibition on slavery/forced labour and other inhuman or degrading treatments. The article then analyses the key obligations imposed upon States under international human rights law, with particular reference to (1) investigation, prosecution and punishment, (2) protection of victims and (3) prevention. The main conclusion reached is that international human rights law is indeed useful as it encourages States to adopt a holistic approach capable of addressing the complex and multi-faceted nature of transnational organised crime beyond simple criminal justice responses.

scholarly journals Victims and international criminal justice: a vexed question?

2008 ◽  
Vol 90 (870) ◽  
pp. 441-459 ◽  
Author(s):  
Mina Rauschenbach ◽  
Damien Scalia
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Justice ◽  
International Level ◽  
International Regime ◽  
Criminal Proceedings ◽  
Criminal Justice Systems ◽  
Justice Systems ◽  
Vexed Question

AbstractDespite the growing attention being paid to “victims” in the framework of criminal proceedings, this attention does not seem to be meeting their needs under either national criminal justice systems or the international regime. In the latter, the difficulties encountered by the victims are aggravated by factors specifically arising from the prosecution and punishment of mass crimes at international level. This has prompted the authors to point out that the prime purpose of criminal law is to convict or acquit the accused, and to suggest that the task of attending to the victims should perhaps be left to other entities.

Sign in / Sign up

Export Citation Format

Share Document