23. Current issues

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
International Human Rights ◽  
Environmental Rights ◽  
The Future ◽  
International Human ◽  
State Actors ◽  
The Law ◽  
Fundamental Rights And Freedoms ◽  
State Responses

This chapter outlines the future agenda for international human rights and provides an overview of some issues that are likely to characterize the evolution of international human rights in the future. These include non-State actors, including businesses. Environmental rights are also considered. The chapter also suggests that State responses to the threat of terrorism must be proportionate to said threat and must be in accordance with the law, respecting fundamental rights and freedoms.

Legal Aid Before Human Rights Treaty Monitoring Bodies

2000 ◽  
Vol 49 (2) ◽  
pp. 360-389 ◽  
Author(s):  
Andrew S. Butler
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
International Human Rights ◽  
State Compliance ◽  
International Human ◽  
Fundamental Rights And Freedoms ◽  
The Individual ◽  
The Right ◽  
Improve State ◽  
Universal Standard

The right of individuals to have recourse to international human rights bodies has been regarded as one of the most significant developments in securing respect for and the promotion of universal fundamental rights and freedoms.1 First, it ensures that individuals subjected to human rights violations have an alternative forum should the domestic judicial forums not be persuaded of the existence of rights violations, for whatever reason. Secondly, the availability of an individual's right of recourse affirms the fact that the individual is an actor cognisable by international law, and is not dependent on the intervention of other States for the safeguarding of his or her rights.2 This is particularly important, as many States are slow to engage complaint mechanisms against another State for fear of reprisal (be it in the form of economic or political sanctions, or the instigation of a complaint under the same mechanism by the other state), lack of interest, or otherwise.3 Thirdly, the existence of such fora, and the right of individual complaint from a variety of countries, are useful in developing a common universal standard of human rights observance.4 The combined result of these is that implementation of the goals set out in the international human rights instruments is facilitated because the means for their enforcement are not dependent upon international politics but rather are put in the hands of the rights holders. In turn, such machinery should improve State compliance.5

Constitutionalisation of International Human Rights Law in the Jurisprudence of the Egyptian Supreme Constitutional Court

2018 ◽  
Vol 32 (3) ◽  
pp. 242-262
Author(s):  
Islam Ibrahim Chiha
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Development Education ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
International Human ◽  
Fundamental Rights And Freedoms

Abstract This article examines the status of international human rights law in the Egyptian legal system and investigates how Egypt’s Supreme Constitutional Court (SCC) uses international and foreign law in its constitutional interpretation of fundamental rights and freedoms. I argue that integrating international human rights law into the jurisprudence of the SCC is imperative both for protecting the rights and freedoms of Egyptian people and for resolving potential conflicts between national law and international law. I rely on cases covering rights to marriage, development, education and equality (especially for persons with disabilities).

23. Current issues: non-State actors

2019 ◽  
pp. 421-436
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
International Human Rights ◽  
The Future ◽  
International Human ◽  
State Actors

This chapter outlines the future agenda for international human rights and provides an overview of some is-sues that are likely to characterize the evolution of international human rights in the future. These include non-State actors, including businesses.

scholarly journals The Consequences of Corona Virus on Human Rights System: تداعيات فيروس كورونا على منظومة حقوق الإنسان

2020 ◽  
Vol 4 (8) ◽  
Author(s):  
Maya Hasan Malla Khater
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Vulnerable Groups ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Protection Of Human Rights ◽  
International Human ◽  
Fundamental Rights And Freedoms ◽  
The Right

The outbreak of the New Corona Epidemic has been leading governments around the world to adopt strategies to limit its spread and to counter it. Some of the measures taken have affected a number of fundamental rights and freedoms, which are guaranteed according to the international human rights law, and not just intended the right of life and the right of effective health care. In fact, many other rights were affected intentionally or unintentionally. This study seeks to highlight on states practices and responses related to fighting against the Corona Crisis, its impact on human rights in general, and the rights of the most vulnerable groups in particular, by using the descriptive and analytical method. One of the most important results of this research is that the protection of human rights while combating this Epidemic can't be considered as a secondary issue. It is necessary for these government measures to be consistent with the rules and provisions of the International Human Rights Law. 

Lois Mémorielles in Post-Genocide Societies: The Rwandan Law on Genocide Ideology under International Human Rights Law Scrutiny

2014 ◽  
Vol 27 (2) ◽  
pp. 419-445 ◽  
Author(s):  
PIETRO SULLO
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Freedom Of Expression ◽  
European Countries ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
Human Rights Standards

AbstractThis article discusses the Rwandan Law 18/2008 on genocide ideology in the light of international human rights standards. In order to put the genocide ideology law into context, it sketches a brief overview of the post-genocide scenario. Because of the influence that provisions restricting freedom of expression aimed at fighting negationism might exert on testimonies during genocide trials, it pays particular attention to the transitional justice strategies adopted in Rwanda. Finally, it assesses the law on the genocide ideology against the background provided by the measures implemented in some European countries to deal with the phenomenon of negationism.

scholarly journals Are Rights Out of Time? International Human Rights Law, Temporality, and Radical Social Change

2018 ◽  
Vol 28 (6) ◽  
pp. 817-838 ◽  
Author(s):  
Kathryn McNeilly
Keyword(s):  
Human Rights ◽  
Social Change ◽  
20Th Century ◽  
Judith Butler ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Future ◽  
International Human ◽  
The Relationship

Human rights were a defining discourse of the 20th century. The opening decades of the twenty-first, however, have witnessed increasing claims that the time of this discourse as an emancipatory tool is up. Focusing on international human rights law, I offer a response to these claims. Drawing from Elizabeth Grosz, Drucilla Cornell and Judith Butler, I propose that a productive future for this area of law in facilitating radical social change can be envisaged by considering more closely the relationship between human rights and temporality and by thinking through a conception of rights which is untimely. This involves abandoning commitment to linearity, progression and predictability in understanding international human rights law and its development and viewing such as based on a conception of the future that is unknown and uncontrollable, that does not progressively follow from the present, and that is open to embrace of the new.

scholarly journals Academic Freedom and Its Protection in the Law of European States

2016 ◽  
Vol 3 (3) ◽  
pp. 254-345
Author(s):  
Klaus D. Beiter ◽  
Terence Karran ◽  
Kwadwo Appiagyei-Atua
Keyword(s):  
Higher Education ◽  
Human Rights ◽  
Academic Freedom ◽  
Freedom Of Expression ◽  
European Convention ◽  
The European Union ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
The Right

Focusing on those countries that are members of the European Union, it may be noted that these countries are bound under international human rights agreements, such as the International Covenants on Civil and Political, and Economic, Social and Cultural Rights or the European Convention on Human Rights, to safeguard academic freedom under provisions providing for the right to freedom of expression, the right to education, and respect for ‘the freedom indispensable for scientific research.’ unesco’s Recommendation concerning the Status of Higher-Education Teaching Personnel, a ‘soft-law’ document of 1997, concretises international human rights requirements to be complied with to make the protection of the right to academic freedom effective. Relying on a set of human rights indicators, the present article assesses the extent to which the constitutions, laws on higher education, and other relevant legislation of eu states implement the Recommendation’s criteria. The situation of academic freedom in practice will not be assessed here. The results for the various countries have been quantified and countries ranked in accordance with ‘their performance.’ The assessment demonstrates that, overall, the state of the protection of the right to academic freedom in the law of European states is one of ‘ill-health.’ Institutional autonomy is being misconstrued as exhausting the concept of academic freedom, self-governance in higher education institutions sacrificed for ‘executive-style’ management, and employment security abrogated to cater for ‘changing employment needs’ in higher education.

Conflict, ‘terrorism’ and non-state actors

2020 ◽  
pp. 141-154
Author(s):  
Féilim Ó hAdhmaill ◽  
Mike Ritchie
Keyword(s):  
Human Rights ◽  
Conflict Situation ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
State Actors ◽  
Global Peace

International Human Rights Law is supposed to operate at all times. However, during war/conflict it is often suspended to address an ‘emergency’. International Humanitarian Law attempts to deal with human rights protections during the specific circumstances of war. However, what happens when states refuse to recognise a conflict situation as a ‘war’? In a world where violent conflict increasingly involves non-state actors, where does that leave existing international human rights’ mechanisms? This chapter looks at the changing forms of conflict globally and the development of what has been termed ‘terrorism’. It critically assesses the concept of ‘terrorism’ and discusses the difficulties it poses for social science, universal human rights and the development of equality, stability and global peace.

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