9. International human rights law

Human Rights Law ◽

Human Rights Protection ◽

Rights Protection ◽

Protection Of Human Rights ◽

Enforcement Mechanisms ◽

Private Actors

This chapter discusses the system of human rights protection that has emerged since the end of the Second World War. It begins in Section 9.2 with the primary sources of human rights law before Section 9.3 discusses the different categories of human rights. Section 9.4 discusses the obligation on states to offer protection from acts of private actors. Section 9.5 provides an overview of the enforcement mechanisms in the UN and Section 9.6 focuses on the regional protection of human rights. Section 9.7 discusses the territorial scope of human rights treaties and Section 9.8 concerns the application of human rights in times of public emergency. Section 9.8 provides an overview of the international legal protection of refugees.

9. International human rights law

International Law ◽

10.1093/he/9780198753018.003.0009 ◽

2017 ◽

Author(s):

Anders Henriksen

Keyword(s):

Human Rights ◽

Primary Sources ◽

Human Rights Law ◽

Human Rights Protection ◽

Rights Protection ◽

Human Rights Treaties ◽

Protection Of Human Rights ◽

Enforcement Mechanisms ◽

Second World

This chapter discusses the system of human rights protection that has emerged since the end of the Second World War. It begins in Section 9.2 with the primary sources of human rights law before Section 9.3 discusses the different categories of human rights. Section 9.4 discusses the obligation on states to offer protection to individuals from the acts of other private individuals. Section 9.5 provides an overview of the enforcement mechanisms in the UN and Section 9.6 focuses on the regional protection of human rights. Section 9.7 discusses the territorial scope of human rights treaties and Section 9.8 concerns the application of human rights in times of public emergency.

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 ◽

International Human

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.

Politics Of Law Human Rights Protection In Indonesia

Jurnal Daulat Hukum ◽

10.30659/jdh.v2i4.8354 ◽

2020 ◽

Vol 2 (4) ◽

pp. 513

Author(s):

Pradikta Andi Alvat

Keyword(s):

Human Rights ◽

Political Development ◽

Legal Protection ◽

Secondary Data ◽

Three Dimensions ◽

Reform Era ◽

Human Rights Protection ◽

Rights Protection ◽

Source Data ◽

Protection Of Human Rights

This study aims to know how political development of legal protection of human rights in Indonesia and political objectives of the legal protection of human rights itself. The research method using normative juridical approach. Specification of the research is descriptive. Provide an overview and critical analysis and conclusions of the research object. Source data using secondary data sources through books and legislation. The data collection method through the study of literature. Analysis of data using qualitative approach. The results showed that the political development of the legal protection of human rights has undergone discourse tight since the formulation of the Constitution and found basic juridical-constitutional is ideal since the reform era with the birth of Chapter XA in the constitution on human rights, born Law of Human Rights, and the formation of the court of HAM. The purpose of a political human rights protection law contains three dimensions, namely the dimensions of philosophical, sociological dimension and juridical dimension.Keywords: Protection Of Human Rights; Political Law; State Law.

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.

Constitutional Change: Towards Better Human Rights Protection in Australia

Constitutional Review ◽

10.31078/consrev523 ◽

2019 ◽

Vol 5 (2) ◽

pp. 248

Author(s):

Mohammad Ibrahim

Keyword(s):

Human Rights ◽

Primary Sources ◽

Constitutional Change ◽

Bill Of Rights ◽

Legal Scholar ◽

State Laws ◽

Human Rights Protection ◽

Rights Protection ◽

Protection Of Human Rights ◽

Constitutional System

Many legal scholars contend that Australia does not have a charter of rights in its Constitution. The legal scholar Rosalind Dixon, however, suggests that the Constitution does include some provisions that could be viewed as resembling a (partial) bill of rights. This constitutional framework might cause one to ponder whether human rights are adequately protected in the Australian constitutional system. This paper attempts to consider this question. It is argued that the protection of human rights under the Constitution, federal and state laws is not fully capable of responding to at least three human rights crises presented. Accordingly, the paper suggests that Australia should consider the idea of amending the Constitution in order to better human rights protection in the country. It offers suggestion that the Canadian model protection of human rights could be considered as one of the primary sources for reforms in the future.

Part II: Conclusion

10.1093/oso/9780198821946.003.0009 ◽

2018 ◽

Cited By ~ 2

Author(s):

Tilman Rodenhäuser

Keyword(s):

Human Rights ◽

Human Rights Violations ◽

Armed Groups ◽

Adequate Model ◽

Human Rights Protection ◽

Rights Protection ◽

System P ◽

State Obligations ◽

Private Actors

‘Where are the good old days when everyone knew that human rights violations can only be committed by states against individuals?’1 Gone, replaced by a complex reality in which an exclusive focus on states as duty-bearers under international human rights law (IHRL) no longer provides an adequate model to address numerous human rights violations by non-state armed groups. Instead, states in United Nations (UN) organs or intergovernmental fora, as well as human rights experts, increasingly address demands to respect IHRL directly to armed groups. In order to conceptualize this development, this book raised three main arguments: (1) Contrary to the ‘received wisdom’, human rights may not only apply to the authority–individual relationship. Conceptually, they can also be understood as applying to the horizontal relationships between private actors. (2) While under IHRL treaty law it is primarily upon states to protect individuals against human rights violations by private actors, this obligation is limited if the state loses control over parts of its territory, or is otherwise unable to fulfil its obligations. In order to avoid a protection gap, IHRL obligations should be directly assigned to armed groups. (3) Contemporary international practice suggests that this requires a differentiated approach, taking account of the different nature and capacity of non-state armed groups. Assigning IHRL obligations to armed groups needs to complement and not substitute state obligations under the traditional state-centred human rights protection system....

Human rights protection and state capacity: The doctrinal implications of the statist character of international human rights law

Human Rights in Times of Transition ◽

10.4337/9781789909890.00010 ◽

2020 ◽

pp. 64-88

Author(s):

Mátyás Bódig

Keyword(s):

Human Rights ◽

State Capacity ◽

Human Rights Law ◽

Human Rights Protection ◽

Rights Protection ◽

International Human

Part VII Assessments, Ch.37 Compliance

The Oxford Handbook of International Human Rights Law ◽

10.1093/law/9780199640133.003.0038 ◽

2013 ◽

Author(s):

Gori Gisella

Keyword(s):

Human Rights ◽

Human Rights Law ◽

Conceptual Tool ◽

Human Rights Protection ◽

Rights Protection ◽

Protection Mechanisms ◽

International Human

This article examines the compliance of States with international human rights law. It explains the distinction between judicial and non-judicial compliance mechanisms, focusing on the United Nations (UN) in the context of non-judicial mechanisms and the Council of Europe and the Organization of American States (OAS) in the context of judicial mechanisms. It highlights the central role of the principle of subsidiarity in all international mechanisms for human rights protection and explains that this principle provides a conceptual tool for understanding the relation between the role of states in human rights protection and the role of the international human rights protection mechanisms that states create at the global and regional levels.

Human rights obligations in military occupation

International Review of the Red Cross ◽

10.1017/s1816383112000367 ◽

2012 ◽

Vol 94 (885) ◽

pp. 317-337 ◽

Cited By ~ 12

Author(s):

Noam Lubell

Keyword(s):

Human Rights ◽

Military Occupation ◽

Contextual Approach ◽

Human Rights Law ◽

Human Rights Protection ◽

Rights Protection ◽

Legal Challenges

AbstractThis article examines the applicability of international human rights law in situations of military occupation. Proceeding from the position that human rights obligations can exist in these circumstances, the article provides an analysis of the precise modalities of application. It examines the tests for the determination of human rights applicability, and how these are linked to the concept of occupation. Finally, it recognizes the practical and legal challenges to the implementation of human rights obligations, and argues for a contextual approach that provides for human rights protection while recognizing the realities of military occupation.