International Human Rights Law

Human Rights Law ◽

Respective Field ◽

International Human ◽

The Ideal

Written by leading experts in the field, International Human Rights Law explores the essentials of international human rights law, from foundational issues to substantive rights and systems of protection. It also addresses contemporary challenges, such as terrorism and poverty, ensuring students are aware of the current and future importance of these issues. A variety of perspectives bring this multifaceted and sometimes contentious subject to life, making the book the ideal companion for students and practitioners of human rights. Breadth and depth of coverage provide a thorough and complete guide for students of international human rights law. Each chapter is written by an expert in their respective field. The book includes useful features such as chapter summaries, charts, and suggestions for further reading. New to this third edition are chapters on children’s rights and the regional protection of human rights.

Using international human rights law to mobilize for children’s rights and reproductive rights in Ireland

Reframing Human Rights in a Turbulent Era ◽

10.1093/oso/9780198299578.003.0005 ◽

2021 ◽

pp. 131-182

Author(s):

Gráinne de Búrca

Keyword(s):

Human Rights ◽

Reproductive Rights ◽

Children's Rights ◽

Children’S Rights ◽

Human Rights Law ◽

Rights Of The Child ◽

International Human ◽

The Government

This chapter uses the experimentalist framework to examine two processes of social change in Ireland in recent decades—children’s rights reform and reproductive rights reform—which included the engagement of domestic advocacy groups with international human rights law as a key element of those campaigns. In the case of child rights, a coalition of hitherto separate organizations and groups came together following Ireland’s ratification of the UN Convention on the Rights of the Child, and re-oriented their work and advocacy around the idea of children’s rights. By bringing issues before the Committee on the Rights of the Child, and requiring the government to engage repeatedly with the Committee and with the meaning and consequences in practice of the obligations taken on under the Convention, they injected fresh impetus into existing campaigns, opened a public conversation about children’s rights, and placed Ireland’s practices and attitudes towards children and the family in the context of international standards. In the case of abortion law reform which was a bitterly divisive and difficult issue in Ireland, domestic activists drew upon and engaged with a variety of international human rights institutions and laws over decades to keep pressure on the government and the state to introduce change, as well as to create public awareness of the suffering of specific women and to highlight existing and emerging international norms on reproductive rights. Both campaigns ultimately succeeded in pressing for the adoption of a range of important legislative and policy reforms.

Jusnaturalism as the foundation of the concept of international protection of human rights in H. Lauterpacht’s works

Uzhhorod National University Herald. Series: Law ◽

10.24144/2307-3322.2021.64.72 ◽

2021 ◽

pp. 392-396

Author(s):

O. M. Sheredʹko

Keyword(s):

Human Rights ◽

International Law ◽

Natural Law ◽

Human Rights Law ◽

International Human ◽

International Document

Prominent international law scholar H. Lauterpacht devoted most of his exploratory work to the issue of human rights in international law.This article reveals H. Lauterpacht’s views on the role of international law in the recognition and consolidation of human rights and the role of jusnaturalism as the basis of international human rights law. Analyzing the works by H. Lauterpacht, we can say that the scholar was the founder of international human rights law. Natural law and natural human rights, according to H. Lauterpacht, have been the unchanging basis of human rights of all times.The origins and periodization of jusnaturalism in the works of leading international law scholar are considered. The main statements of the representatives of the natural law concept of different times, in particular, the basic ideas in the works of Socrates, Aulis Aarnio, Francisco de Vitoria, Francisco Suarez, Alberico Gentili, Thomas Hobbes, Samuel von Pufendorf, Hugo Grotius are outlined.The views of prominent philosophers are the foundation of the concept of jusnaturalism. Numerous supporters of the concept of natural law in different periods of history testify to its importance at every stage of human rights development.International law in this matter is a kind of second stage of recognition and protection of human rights, after recognition in the national law of states.International law is designed to consolidate the rights granted by nature to the human in the international arena.H. Lauterpacht saw the real recognition and protection of human rights by enshrining them in an international document signed by all countries of the world.The scientist proposed a draft international document on the recognition of human rights at the international level called International Bill of the Rights of Man. The provisions proposed in this document were later enshrined in international instruments such as the Universal Declaration of Human Rights of 1948, the International Covenant on Economic, Social and Cultural Rights of 1966 and the International Covenant on Civil and Political Rights of 1966.

Part III Structural Principles, Ch.15 Subsidiarity

The Oxford Handbook of International Human Rights Law ◽

10.1093/law/9780199640133.003.0016 ◽

2013 ◽

Author(s):

Neuman Gerald L

Keyword(s):

Human Rights ◽

International Institutions ◽

Human Rights Law ◽

International Protection ◽

Structural Principles ◽

This article examines the role of the principle of subsidiarity in international human rights law. It explains the concept and the procedural doctrines of subsidiarity and considers subsidiarity of international institutions as a structural fact and the substantive subsidiarity within the state. It contends that international protection of human rights is subsidiary to national protection and that subsidiarity plays important roles in international human rights law. This article also predicts the future expansion and evolution of the role of subsidiarity in international human rights law.

The Contemporary Significance of International Human Rights Law

Leiden Journal of International Law ◽

10.1017/s0922156509005792 ◽

2009 ◽

Vol 22 (2) ◽

pp. 217-223 ◽

Cited By ~ 1

Author(s):

THOMAS BUERGENTHAL

Keyword(s):

Human Rights ◽

Large Scale ◽

Economic Consequences ◽

Human Rights Law ◽

Gradual Loss ◽

Substantial Progress ◽

AbstractJudge Buergenthal argues that the increased acceptance by states of international human rights obligations proclaimed in UN and regional treaties, reinforced by the jurisprudence of international and regional tribunals, accounts for the substantial progress that has been made in the protection of human rights throughout the world. The resultant political significance of international human rights law and the international community's growing expectation of compliance with that law explain why states engaging in large-scale human rights violations increasingly risk serious political and economic consequences for such practices. A state's continuing non-compliance with its international human rights obligations tends also to lead to the gradual loss by its government of the national and international legitimacy it needs in order to govern, which may in time contribute to its fall.

PERSPEKTIF HUKUM DAN HAK ASASI MANUSIA TERHADAP ANAK YANG MENJADI KORBAN PERDAGANGAN MANUSIA

Negara dan Keadilan ◽

10.33474/hukum.v9i2.7387 ◽

2020 ◽

Vol 9 (2) ◽

pp. 107

Author(s):

Abu Hasin

Keyword(s):

Human Rights ◽

Human Trafficking ◽

Criminal Law ◽

Children's Rights ◽

The State ◽

Children’S Rights ◽

Human Rights Law ◽

Perspektif yuridis terhadap anak yang menjadi korban kejahatan perdagangan manusia sudah banyak norma yuridis yang dibuat negara yang secara fundamental mengaturnya, bahwa tindak pidana atau kejahatan memperdagangkan anak sudah jelas-jelas sebagai perbuatan yang berbentuk melanggar norma hukum pidana. Dalam perspektif hak asasi manusia (HAM) terhadap anak yang menjadi korban kejahatan perdagangan manusia adalah berkaitan dengan masalah hak-hak anak, baik yang diatur dalam instrumen HAM internasional seperti UDHR, Kovenan Hak Anak, hingga produk yuridis Indonesia.Kata kunci: anak, hak asasi manusia, hukum, korban Juridical perspective on children who are victims of human trafficking crimes has many juridical norms made by the state that fundamentally regulate them, that criminal acts or the crime of trafficking in children are clearly acts that violate criminal law norms. In the perspective of human rights (HAM) against children who are victims of human trafficking crimes is related to the issue of children's rights, both regulated in international human rights instruments such as the UDHR, the Covenant on Childrens Rights, to Indonesian juridical products.Keywords: children, human rights, law,

The Principle of Self-Determination in the Context of Human Rights

Przegląd Prawniczy Uniwersytetu im Adama Mickiewicza ◽

10.14746/ppuam.2017.7.02 ◽

2017 ◽

Vol 7 ◽

pp. 25-36

Author(s):

Tadeusz Gadkowski

Keyword(s):

Human Rights ◽

Self Determination ◽

Soft Law ◽

Human Rights Law ◽

Fundamental Freedoms ◽

Close Relationship ◽

The essay presents the issue of the principle of self-determination from the perspective of international human rights law. The author highlights the close relationship between the principle of self-determination and the principle of respect for human rights and fundamental freedoms. In practice, the principle of self-determination is a prerequisite for the effective guarantee of human rights, and, at the same time, guaranteed protection of human rights is a prerequisite for implementing the principle of national self determination. The author presents the issue of self-determination in the context of the basic regulations of international human rights law, considering regulations of both a ‘hard’ and ‘soft’ law character.

Women’s Progress and Women’s Human Rights

The Limits of Human Rights ◽

10.1093/oso/9780198824756.003.0017 ◽

2019 ◽

pp. 231-266

Author(s):

Martha C. Nussbaum

Keyword(s):

Human Rights ◽

Common Language ◽

Human Rights Law ◽

Common Purpose ◽

International Human ◽

National Boundaries

Focusing primarily on CEDAW, this chapter examines the role that international human rights law plays in the advancement of the protection of human rights of women. The author claims that although human rights law lags well behind the women’s movement in some crucial ways, nonetheless, it is worthwhile that documents like CEDAW exist, and not merely for their direct legal value (which can be questioned). Documents help people to network across national boundaries and to develop a sense of common purpose, a common language, a common set of demands, and a sense that progress is being made. In a few cases, moreover, CEDAW has had a real, if limited, legal significance, when implemented by friendly jurists. The author suggests that the influence of international human rights law ought to be assessed, often at least, in this broader way, looking at the role of documents in political and social movements.

Experiencing human rights protections in prisons: The case of prison monitoring in Ireland

European Journal of Criminology ◽

10.1177/1477370820960024 ◽

2020 ◽

pp. 147737082096002

Author(s):

Sophie van der Valk ◽

Mary Rogan

Keyword(s):

Human Rights ◽

Fundamental Rights ◽

Human Rights Law ◽

Good System ◽

Power Differentials ◽

International Human ◽

Views And Perceptions

The protection of human rights in prison gives rise to unique challenges. The power differentials and dynamics involved, the need to balance considerations of security with those of dignity, and the lack of openness to the outside world mean that the implementation of human rights principles takes on a particular importance in these environments. International human rights law has increasingly emphasized the importance of external oversight of prisons as a way to prevent torture and ill-treatment and to uphold fundamental rights more generally. Although the monitoring of prisons is now quite well established as a principle of European and international human rights provisions, we know surprisingly little about how people in prison experience and understand monitoring bodies. This gap in our understanding is part of a wider lack of literature on how prisoners experience their rights and protections of their rights. This article addresses that gap a, reporting on qualitative findings from a study with people in prison in Ireland on their views and perceptions of a monitoring body: the Inspector of Prisons. The article finds evidence of a lack of awareness of, and a deficit of trust in, monitoring. However, this picture is complex, with people in prison also viewing the concept of monitoring as a good way to protect rights, believing that the visibility of monitors, clarity in their role and powers, and ensuring that a variety of voices are heard by monitoring bodies are important elements of a good system of prison oversight.

Protecting Children’s Rights in Asian Tourism

The International Journal of Children s Rights ◽

10.1163/15718182-02201001 ◽

2014 ◽

Vol 22 (3) ◽

pp. 581-617 ◽

Cited By ~ 3

Author(s):

Afrooz Kaviani Johnson

Keyword(s):

Human Rights ◽

East Asia ◽

Children's Rights ◽

Children’S Rights ◽

South East Asia ◽

Human Rights Law ◽

International Attention ◽

Opportune Time ◽

Protection Of Human Rights

International attention was first drawn to horrifying accounts of children being sexually exploited by foreign tourists in South East Asia in the early 1990s. This article reviews progress over the last two decades to combat this crime. With tourism reaching record levels and the relative vulnerability of children in South East Asia, I contend it is an opportune time to re-examine the response. Moving forwards, prevention initiatives must better address underlying vulnerabilities and acknowledge the indivisibility and interrelationship of children’s rights granted under international human rights law. This means broadening the response to address other disturbing violations of children’s rights in the tourism context, such as child labour and ‘orphanage tourism’. Those with the potential positively to influence the tourism environment must also be engaged in ‘child safe tourism’ as part of the wider commitment to responsible tourism and the protection of human rights.

6. International Human Rights Law

Cases & Materials on International Law ◽

10.1093/he/9780198727644.003.0006 ◽

2016 ◽

Author(s):

Martin Dixon ◽

Robert McCorquodale ◽

Sarah Williams

Keyword(s):

Human Rights ◽

Self Determination ◽

Human Rights Law ◽

International Protection ◽

International Human ◽

The Right ◽

Right Of Self Determination

Human rights are a matter of international law, as the rights of humans do not depend on an individual’s nationality and so the protection of these rights cannot be limited to the jurisdiction of any one State. This chapter introduces the principal ideas, issues and framework of international human rights law. It discusses human rights theories; human rights and the international community; international protection of human rights; regional human rights protections; limitations on the human rights treaty obligations of States; the right of self-determination; and the protection of human rights by non-State actors.