16. International human rights and refugee law

Customary International Law ◽

Human Rights Protection ◽

State Constitutions ◽

Cultural Rights ◽

Rights Protection ◽

Refugee Law ◽

This chapter addresses international human rights and refugee law. In 1948, the General Assembly adopted the famed Universal Declaration of Human Rights (UDHR). Many of its provisions have influenced the adoption of major multilateral treaties, or have come to reflect customary international law, at times through influencing the drafting of State constitutions. The UDHR has also been referred to by international courts to give weight, or to interpret, obligations contained in other treaties. Two overarching covenants were also adopted separately in 1966: the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR). In parallel with the emergence of human rights protection at the international level, several regional frameworks exist. The chapter then looks at the European, American, and African human rights conventions and accompanying institutions.

Scientific and Informational Bulletin of Ivano-Frankivsk University of Law Named after King Danylo Halytskyi - Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi ◽

Universal declaration of human rights as a source of universal international legal standards of human rights

10.33098/2078-6670.2020.9.21.36-42 ◽

2020 ◽

pp. 36-42

Author(s):

Uliana Kuzenko

Keyword(s):

Human Rights ◽

Legal Regulation ◽

Universal Declaration ◽

Human Being ◽

Legal Basis ◽

Human Rights Protection ◽

Rights Protection ◽

Legal Standards ◽

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.

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

E-Theologos Theological revue of Greek Catholic Theological Faculty ◽

10.2478/v10154-010-0011-9 ◽

2010 ◽

Vol 1 (2) ◽

pp. 117-135

Author(s):

Bożena Drzewicka

Keyword(s):

Human Rights ◽

International Law ◽

International Humanitarian Law ◽

Humanitarian Law ◽

The West ◽

Human Rights Protection ◽

Rights Protection ◽

The World ◽

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.

The Fallacy of Effective Human Rights Protection under Relevant Treaty Law when Armed Groups Commit Violations

10.1093/oso/9780198821946.003.0007 ◽

2018 ◽

Author(s):

Tilman Rodenhäuser

Keyword(s):

Human Rights ◽

Human Rights Violations ◽

Human Rights Law ◽

Armed Groups ◽

Human Rights Protection ◽

Rights Protection ◽

Human Rights Treaties ◽

Chapter 5 adds to the contemporary discourse on human rights obligations of non-state armed groups by showing that in many situations, there is a clear legal need for these obligations. This chapter first engages in the debate on whether and to what extent certain human rights treaties address armed groups directly. Second, it shows that under the law of state responsibility, states are generally not responsible for human rights violations committed by non-state entities. Third, it recalls that under international human rights law, states have an obligation to protect human rights against violations committed by armed groups. However, it argues that because this cannot be a strict obligation but is one that depends on states’ capacities and the particular circumstances, often this framework cannot adequately protect individuals against human rights violations by armed groups. The result is a legal and practical need for human rights obligations of non-state armed groups.

Regional Human Rights

10.5771/9783748910251 ◽

2021 ◽

Keyword(s):

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 PRINCIPLE OF NON-DISCRIMINATION IN THE INTERNATIONAL HUMAN RIGHTS PROTECTION MECHANISM

Private and public law ◽

10.32845/2663-5666.2020.4.6 ◽

2020 ◽

pp. 31-35

Author(s):

M.Yu. Kuznetsova

Keyword(s):

Human Rights ◽

Protection Mechanism ◽

Human Rights Protection ◽

Rights Protection ◽

Triage

Making Human Rights a Reality ◽

10.23943/princeton/9780691155357.003.0011 ◽

2013 ◽

Author(s):

Emilie M. Hafner-Burton

Keyword(s):

Human Rights ◽

Legal Reform ◽

Human Rights Protection ◽

Rights Protection ◽

Effective Implementation ◽

The Core ◽

International Human ◽

Core Idea ◽

Human Rights Norms

This chapter advocates a process called “triage” for resource allocation that requires investing more heavily in areas where the evidence indicates that human rights promotion is most likely to work. It argues that the universality of human rights norms, which are the bedrock of the international human rights legal system and the core idea of the Universal Declaration of Human Rights, is not a tenable guide for the most effective implementation of human rights norms. It explains why human rights is a matter of national interest and how assessments of leverage impact human rights. It shows how triage can help stewards in the area of international legal reform and concludes by outlining steps that could transform the process through which government stewards work to protect human rights and increase the returns on international promotion efforts for human rights protection.

2. Historical background

10.1093/he/9780198843672.003.0002 ◽

2019 ◽

pp. 8-28

Author(s):

Rhona K. M. Smith

Keyword(s):

Human Rights ◽

Second World War ◽

Historical Background ◽

International Labour Organization ◽

World War ◽

Human Rights Protection ◽

Rights Protection ◽

International Human ◽

Second World

This chapter provides an historical sketch of international human rights. It considers the divergent views as to the origins of human rights. The chapter traces developments including the law of aliens; diplomatic laws; the laws of war; slavery; minority rights; the establishment of the International Labour Organization; and human rights protection after the Second World War.

25. International Human Rights Law

International Law ◽

10.1093/he/9780198791836.003.0025 ◽

2018 ◽

Author(s):

Nigel Rodley

Keyword(s):

Human Rights ◽

Political Rights ◽

Political Factors ◽

International Protection ◽

Human Rights Protection ◽

Cultural Rights ◽

Rights Protection ◽

Human Rights Treaties ◽

Protection Of Human Rights

This chapter considers the background to, and current developments concerning the manner in which international law has engaged with the protection of human rights, including both civil and political rights and economic, social, and cultural rights. It looks at historical, philosophical, and political factors which have shaped our understanding of human rights and the current systems of international protection. It focuses on the systems of protection developed by and through the United Nations through the ‘International Bill of Rights’, including the Universal Declaration of Human Rights, the UN human rights treaties and treaty bodies, and the UN Special Procedures as well as the work of the Human Rights Council. It also looks at the systems of regional human rights protection which have been established.

2. Historical background

10.1093/he/9780198805212.003.0002 ◽

2017 ◽

Author(s):

Rhona K. M. Smith

Keyword(s):

Human Rights ◽

World War Ii ◽

Historical Background ◽

International Labour Organization ◽

World War ◽

Traditional Concept ◽

Human Rights Protection ◽

Rights Protection ◽

This chapter provides an historical sketch of international human rights. It considers the divergent views as to the origins of human rights, and suggests that human rights represent the modern interpretation and an expansion of the traditional concept of the rule of law. The chapter discusses the law of aliens; diplomatic laws; the laws of war; slavery; minority rights; the establishment of the International Labour Organization; and human rights protection after World War II.

International Human Rights Law and the Response to the covid-19 Pandemic

Journal of International Humanitarian Legal Studies ◽

10.1163/18781527-bja10004 ◽

2020 ◽

Vol 11 (2) ◽

pp. 249-269

Author(s):

Sarah Joseph

Keyword(s):

Human Rights ◽

Political Rights ◽

Human Rights Law ◽

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.