The Meaning of 'Life': Dignity and the Right to Life in International Human Rights Treaties

The protection of the right to life and the duty to rescue persons in distress at sea are the fundamental obligations under two specialized international law regimes which are the international human rights law and the law of the sea. These rules when read together form a strong protection of the human rights of the asylum-seekers stranded at sea. However, often states failed to honour this obligation for various reasons ranging from national security to economic reasons. This article will analyse Malaysia’s responsibilities as regards the right to life and the duty to rescue of these asylum-seekers. It will also identify the existing international and domestic legal framework relevant to the application of these obligations upon Malaysia and whether it has acted in breach of such obligations. The article then proceeded with suggestions for further improvement that Malaysia can adopt in order to better perform its obligations. This study is a pure doctrinal legal research which is qualitative in nature. The data used in this research is collected from library-based resources. These data were then analyzed by using methods of content analysis as well as critical analysis. The article found that Malaysia has a duty to protect the right to life under international human rights law. Additionally, Malaysia is also bound under the law of the sea to perform its duty to rescue. In view of Malaysia’s failure to perform these duties in two occasions in the past consequently had resulted in a violation of international law. Therefore, it is suggested that Malaysia should initiate a revision of its national laws and policies regarding treatment of asylum-seekers stranded at sea to be in line with Malaysia’s duty under international law. Besides, the Malaysian Maritime Enforcement Agency is call upon to comply with the international standards of treatment of persons in distress at sea which includes the asylum-seekers.

3 Right to be Presumed Innocent

The Right to a Fair Trial in International Law ◽

10.1093/law/9780198808398.003.0004 ◽

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.

States' Procedural Obligations Regarding Private Military and Security Companies' Activities

Defending Human Rights and Democracy in the Era of Globalization - Advances in Religious and Cultural Studies ◽

10.4018/978-1-5225-0723-9.ch013 ◽

2017 ◽

pp. 302-336

Author(s):

Zafeiris Tsiftzis

Keyword(s):

Human Rights ◽

Crucial Role ◽

International Human Rights Law ◽

Human Rights Law ◽

Right To Life ◽

International Human Rights ◽

Human Rights Abuses ◽

International Human ◽

The Right ◽

Security Companies

A lot of attention has been paid by the international community to the responsibility of Private Military and Security Companies (PMSCs) and to the prevention of human rights abuses committed their employees. The non-binding nature of the existing international initiatives with respect to PMSCs requests the human rights law to play a crucial role to the regulation of PMSCs and their employees during operations. This article examines the States' procedural obligation under international human rights law with regard to allegations of the right to life and the prohibition of torture. Moreover, it assesses the application of the jurisprudence of human rights bodies over the activities of PMSCs, whilst it focuses on the obligations of States to prevent and investigate human rights allegations committed by PMSCs' employees. Above all, this article advocates that human rights law has a significant role in the regulation of PMSCs and the prevention of the commission of human rights violations by PMSCs and their employees.

13. The right to life

International Human Rights Law ◽

10.1093/he/9780198805212.003.0013 ◽

2017 ◽

Author(s):

Rhona K. M. Smith

Keyword(s):

Human Rights ◽

National Security ◽

Death Penalty ◽

International Human Rights Law ◽

Human Rights Law ◽

Right To Life ◽

International Human Rights ◽

Security Forces ◽

International Human ◽

The Right

This chapter examines African, American, European, and international jurisprudence on the right to life. It discusses the positive obligation incumbent on States to protect life; the permissible deprivation of life (the death penalty, death caused by national security forces, and death during armed conflict); and the issue of genocide. The chapter concludes that the right to life is of paramount importance in international human rights law. International law covers not only the straightforward human rights aspects, but also extends to the prevention and punishment of the crime of genocide.

Part IV The Right to Reparation/Guarantees of Non-Recurrence, A The Right to Reparation, Principle 32 Reparation Procedures

10.1093/law/9780198743606.003.0036 ◽

2018 ◽

Author(s):

d’Argent Pierre ◽

de Ghellinck Isabelle

Keyword(s):

Human Rights ◽

Theoretical Framework ◽

Historical Background ◽

International Level ◽

Human Right ◽

International Human Rights ◽

Human Rights Treaties ◽

International Human ◽

The Right ◽

Procedural Aspect

Principle 32 deals with the procedural aspect of the right to reparation, that is, the right for victims of human right violations to access remedial procedures. It addresses three issues: the right to access remedial procedures, procedural requirements of national reparation programmes, and regional and international procedures. While the obligation of states to provide effective remedies is enshrined in most of, if not all, the key international human rights treaties, Principle 32 provides for a right to all victims to access remedies. ‘Reparation’ and ‘remedies’ are both envisioned as victims’ rights, but the distinction between them is vague. After providing a contextual and historical background on Principle 32, this chapter discusses its theoretical framework and how the reparation procedure, judicial or administrative, dealing with gross violations of human rights at national or international level has been implemented.

Conflict over Conflict: The Right to Strike in International Law

Global Labour Journal ◽

10.15173/glj.v8i1.2649 ◽

2017 ◽

Vol 8 (1) ◽

Author(s):

Diane F Frey

Keyword(s):

Human Rights ◽

International Law ◽

International Human Rights Law ◽

Political Rights ◽

International Labour Organisation ◽

International Human Rights ◽

Cultural Rights ◽

Human Rights Treaties ◽

International Human ◽

The Right

<p>The existence of a right to strike under international law has been challenged by the International Organization of Employers since the late 1980s. The employer group claims that no such right exists under international law and has been moving to undermine recognition of the right at the International Labour Organisation (ILO). This article examines the right to strike in international human rights law. It considers specifically the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) and finds that the right to strike exists in both of these treaties. Further, the article demonstrates that while the ILO employers group may challenge the existence of the right to strike, its government members have overwhelmingly ratified international human rights treaties contradicting the employer group's position that there is no such right.</p>

Extra-judicial killings and human rights law: Bangladesh perspective

International Journal of Law and Management ◽

10.1108/ijlma-11-2016-0140 ◽

2017 ◽

Vol 59 (6) ◽

pp. 1116-1125 ◽

Cited By ~ 1

Author(s):

Md Sazzad Hossain

Keyword(s):

Human Rights ◽

Law Enforcement ◽

International Human Rights Law ◽

Human Rights Law ◽

Right To Life ◽

Law Enforcement Agencies ◽

International Human Rights ◽

Content Type ◽

International Human ◽

The Right

Purpose The main purpose of this paper is to explore the extra-judicial killing situation in Bangladesh by analyzing both national and international human rights law. In addition, this paper will also identify the remedy that is available for the victim’s family for extra-judicial killing by law enforcement agencies, especially the Rapid Action Battalion of Bangladesh. Design/methodology/approach This is a qualitative research where both primary and secondary sources have used to identify the situations of extra-judicial killings in Bangladesh, the human rights instruments and the judicial activism to protect human rights. Findings This paper will show impunity of the law enforcement agencies increasing the number of extra-judicial killings of citizens, by violating the Constitutional and International human rights law that deal with “right to life”. The state sovereignty is not hindering the implementation of the international law, but the judiciary of Bangladesh needs to be more efficient in protecting citizens’ human rights, along with bringing criminal prosecution against members of the law enforcement agencies, by providing “effective and adequate” remedy to the victim’s family. Research limitations/implications While analyzing the “right to life” under the International Human Rights Conventions, this paper will only deal with the UDHR and the ICCPR, as Bangladesh has ratified those Conventions. Originality/value This paper will add value to identify the present rights of the citizen under domestic and international law and to incorporate new legislation through finding the lack of present legislation to protect the right to life and remedy for extra-judicial killings in Bangladesh.

STATE SOVEREIGNTY, INTERNATIONAL HUMAN MOBILITY AND HUMAN RIGHTS

Revista de Direito Brasileira ◽

10.26668/indexlawjournals/2358-1352/2015.v12i5.2939 ◽

2015 ◽

Vol 12 (5) ◽

pp. 198

Author(s):

Luís Renato Vedovato ◽

Samyra Haydêe Dal Farra Naspolini

Keyword(s):

Human Rights ◽

Human Mobility ◽

The State ◽

State Sovereignty ◽

International Human Rights ◽

The Past ◽

Human Rights Treaties ◽

International Human ◽

The Right

International human mobility and human rights can be linked by the dinamogenesis theory. The State sovereignty isn’t the same it was in the past. The State can’t decide about the right to entry without consider international human rights treaties. The nationality has an important row in finding how dinamogenesis can modify the interpretation of the State sovereignty. The right to entry is built in the evolution of human rights. Now State has no more the discretion to decide who can enter its territory, due to dinamogenesis and human rights.

El Estado como garante de los derechos de los pueblos originarios en Argentina / The argentinian State as guarantor of aboriginal’s rights

Revista Derecho y Salud | Universidad Blas Pascal ◽

10.37767/2591-3476(2019)10 ◽

2019 ◽

pp. 164-171

Author(s):

María Florencia Blanco Pighi

Keyword(s):

Human Rights ◽

Supreme Court ◽

Legal Protection ◽

Right To Health ◽

International Human Rights ◽

Derechos Humanos ◽

Court Of Justice ◽

Human Rights Treaties ◽

International Human ◽

The Right

Los derechos humanos de los pueblos originarios, entre ellos, el derecho a la salud, son reconocidos por la Constitución Argentina, por tratados internacionales ratificados por nuestro país, por la normativa interna y por las constituciones provinciales. La Corte Suprema de Justicia de la Nación, mediante el fallo en análisis, establece que la protección de estos derechos debe asegurarse por la vía más idónea, y que, al existir una acción de amparo en curso, la medida cautelar de interposición más reciente, debe ser rechazada. The Argentinian Constitution, the international human rights treaties ratified by Argentina, the argentine internal regulations and the constitution of several provinces, recognize the aboriginal´s human rights, including the right to health. In the judgment in analysis, the Argentinian Supreme Court of Justice, states that the protection of those rights needs to be accomplish by the most suitable way. When a legal protection action is in curse, the most recently filed action must be rejected.