scholarly journals Building and Applying a Human Rights-Based Model for Migrant Integration Policy

2019 ◽  
Vol 11 (3) ◽  
pp. 445-466
Author(s):  
Clíodhna Murphy ◽  
Mary Gilmartin ◽  
Leanne Caulfield
Keyword(s):  
Human Rights ◽  
Disability Services ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Integration Policy ◽  
Policy And Practice ◽  
The Public ◽  
Migrant Populations ◽  
Treaty Monitoring ◽  
Migrant Integration

Abstract The approach of public bodies towards migrant populations is often framed in terms of ‘migrant integration’. However, domestic integration policy and practice often come up short in terms of ensuring equal access to rights such as education, employment and housing for migrants. In this article, we discuss a variety of approaches to defining and measuring integration and, drawing on the concluding observations of a number of UN human rights treaty monitoring bodies, argue in favour of a model of integration based on international human rights law. Indicators derived from this model are used to assess the extent to which policymaking in the public sector in Ireland is informed by human rights. Finally, it is suggested that the methodology used in this study could be applied outside the sphere of immigration and integration to other areas of public policy which directly affect individuals’ human rights—from housing policy, to the provision of disability services, to early education and other important domains.

2 Right to a Public Trial

2021 ◽  
Author(s):  
Clooney Amal ◽  
Webb Philippa
Keyword(s):  
Human Rights ◽  
National Security ◽  
Criminal Trial ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Public ◽  
Public Nature ◽  
International Human ◽  
The Right

This chapter examines the right to a public trial, which protects both the defendant in a criminal trial and the interests of society as a whole in having a fair system of open justice. Under international human rights law, the right requires that a criminal trial should be held in public and that the court’s judgment is pronounced publicly. However, the right to a public trial is not absolute. The right may, for instance, be limited by valid national security concerns, or to protect the interests of a child or victim of sexual assault. This chapter examines the circumstances in which international bodies have found that exceptions to the right to a public trial are justified, and the additional measures that may be required to ensure that a criminal trial remains fair when there are restrictions on the public nature of proceedings. right to fair trial

Translating International Law into Domestic Law, Policy, and Practice

2020 ◽  
pp. 113-132
Author(s):  
Gillian MacNaughton ◽  
Angela Duger
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Policy And Practice ◽  
International Human Rights ◽  
International Human ◽  
Judicial Actions ◽  
Domestic Law ◽  
Subnational Governments

This chapter provides an overview of the means through which international human rights law is translated into domestic law, policy, and practice. To have an influence on public health, international human rights law must be translated into domestic action. As international human rights law is largely state centered, it relies upon national and subnational governments to implement it—to promote and protect human rights and to provide remedies to victims of human rights violations. Based upon international rules on domestic implementation, there are four general approaches to translate international law into domestic action: human rights education, policymaking, judicial actions, and engagement with international human rights mechanisms. National and subnational governments use these four approaches to translate international human rights law into domestic law, policy, and practice for health, while nongovernmental organizations and international human rights mechanisms play important roles in monitoring these processes.

scholarly journals Human Rights Obligations of the Territorial State in the Cyberspace of Areas Outside Its Effective Control

2019 ◽  
Vol 52 (2) ◽  
pp. 197-231 ◽  
Author(s):  
Antal Berkes
Keyword(s):  
Human Rights ◽  
Effective Means ◽  
Effective Control ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Territorial State ◽  
Treaty Monitoring ◽  
The Government ◽  
The One

The absence of control of a territorial state over part of its physical territory is closely associated with online human rights violations, on the one hand, and the state's restricted (but not necessarily absent) control over the cyberspace, on the other. Notwithstanding the lack of its effective territorial control, the territorial state continues to be entitled to exercise its sovereignty over both territory and cyberspace. The consequence of sovereignty in international human rights law is the territorial state's presumed jurisdiction over its entire national territory. The article claims that the territorial state, while lacking the effective means to control its cyberspace fully as it does in the government-controlled areas, has continuing jurisdiction, and consequently obligations, to protect human rights online from wrongful acts that originate, occur or have effect in the area outside its effective control. Treaty monitoring bodies have recommended various positive measures that any territorial state is required to take while seeking to restore its ‘internet sovereignty’ in the separatist region, depending on the means in its power that are feasible in the particular situation.

Ensuring that Others Behave Responsibly

2011 ◽  
Vol 20 (4) ◽  
pp. 481-498 ◽  
Author(s):  
Alison Mawhinney ◽  
Iorwerth Griffiths
Keyword(s):  
Human Rights ◽  
Analytical Framework ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Public Power ◽  
Public And Private ◽  
The Public ◽  
Anthony Giddens ◽  
Regulatory Approach ◽  
Complex Landscape

Governance produces a complex landscape of public power that state authorities have to take account of when discharging their duties under international human rights law. A traditional model of human rights law views the state as the primary duty-holder. However, to restrict the reach of human rights law to actions carried out by state bodies is extremely problematic in a context where the private and voluntary sectors are involved in service delivery and the boundary between the public and private is hazy. This article examines the approaches taken by international and domestic human rights law to the question of the applicability of human rights law. In this examination it draws upon the recent work of Anthony Giddens as a means of illustrating the socio-political context in which human rights law must now be implemented. The article argues that an understanding of Giddens’ evolving conception of the modern state is instructive in posing questions on the appropriate response of human rights law to governance. An analytical framework comprising three possible approaches – institutional, functional or regulatory – is put forward. The article argues that the shift to what Giddens calls the ‘ensuring’ state ought to entail a corresponding shift to a ‘regulatory approach’ in the interpretation of human rights obligations.

scholarly journals s.Two Implementation and Accountability, 5 Translating International Law into Domestic Law, Policy, and Practice

2020 ◽  
Author(s):  
MacNaughton Gillian ◽  
Duger Angela
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Policy And Practice ◽  
International Human Rights ◽  
International Human ◽  
Judicial Actions ◽  
Domestic Law ◽  
Subnational Governments

This chapter provides an overview of the means through which international human rights law is translated into domestic law, policy, and practice. To have an influence on public health, international human rights law must be translated into domestic action. As international human rights law is largely state centered, it relies upon national and subnational governments to implement it—to promote and protect human rights and to provide remedies to victims of human rights violations. Based upon international rules on domestic implementation, there are four general approaches to translate international law into domestic action: human rights education, policymaking, judicial actions, and engagement with international human rights mechanisms. National and subnational governments use these four approaches to translate international human rights law into domestic law, policy, and practice for health, while nongovernmental organizations and international human rights mechanisms play important roles in monitoring these processes.

Revisiting the working of patent requirements under Indian patent law

2021 ◽  
Vol 11 (3) ◽  
pp. 386-396
Author(s):  
Pratik Prakash Dixit
Keyword(s):  
Human Rights ◽  
Patent Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Public ◽  
Disclosure Requirements ◽  
Patented Product ◽  
International Human ◽  
Indian Law

This article aims to analyse the working of patent requirements under Indian patent law. A patent working requirement generally entails that the patentee must work or apply the patented product in the patent granting country. This article evaluates the compatibility of the patent working requirement with the TRIPS Agreement from the perspective of international human rights law. A human rights approach suggests that the rights of the patentee must be reconciled with the interests of the general public. In such pursuance, this article argues that there is a need to recalibrate the patent working requirement under the Indian law to strike a right balance between the rights of the patentee and the public interest. Particularly, this article argues that India must modify the present patent working disclosure requirements to ensure that foreign patentees are able to do business in India without bureaucratic hassles.

scholarly journals The Horizontal Effect of International Human Rights Law in Practice

2018 ◽  
Vol 5 (1) ◽  
pp. 5-88 ◽  
Author(s):  
Lottie Lane
Keyword(s):  
Human Rights ◽  
Comparative Analysis ◽  
United Nations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Limited Evidence ◽  
International Human Rights ◽  
Treaty Monitoring ◽  
International Human ◽  
State Actors

This article critically examines whether, and how, five United Nations human rights treaty monitoring bodies deal with situations in which human rights have been interfered with by non-State actors. The article uses the concepts of ‘direct’ and ‘indirect’ horizontal effect of international human rights law. An in-depth comparative analysis reviews the monitoring bodies’ general comments and views on individual communications from the bodies’ establishment until August 2017. The analysis identifies very limited evidence of ‘direct’, and two main kinds of ‘indirect’ horizontal effect of human rights applied by the bodies. First, it finds that while the bodies do engage with the ways in which non-State actors can interfere with human rights, they predominantly focus on the positive and procedural obligations of States. Second, it finds that where non-State actors are sufficiently ‘State-like’ in their nature and actions, they may be re-categorised as public actors for the purposes of human rights.

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