Evolving Standards for Torture in International Law

The legal definition of torture is not limited to pain and suffering inflicted during interrogation or as punishment. Other practices, like domestic violence and female genital mutilation, have gradually been incorporated into the definition of torture and other ill-treatment. The absolute prohibition of torture extends to practices justified on grounds of “medical necessity” or “therapeutic purpose,” but which nevertheless inflict pain crossing the requisite threshold of severity, including the denial of pain relief and legally available abortions, or practices affecting persons with psychosocial disabilities or suffering from drug addiction. This chapter illustrates the gray areas where health care and the prohibited infliction of pain collide, discussing the rapidly evolving legal definition of torture and concepts like legal capacity, consent, and medical necessity. It recognizes that international law on the subject is far from settled, especially with regard to standards enacted by the recent Convention on the Rights of Persons With Disabilities.

Rights of the Child

10.1093/oso/9780199470716.003.0001 ◽

2017 ◽

Author(s):

Asha Bajpai

Keyword(s):

Civil Society ◽

International Law ◽

Legal Framework ◽

Civil Society Organizations ◽

Legal Definition ◽

Rights Of The Child ◽

The Government ◽

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.

Good offices: grasping the place of law in conflict

Legal Studies ◽

10.1111/lest.12029 ◽

2014 ◽

Vol 34 (3) ◽

pp. 469-496 ◽

Cited By ~ 2

Author(s):

Aoife O'Donoghue

Keyword(s):

International Law ◽

Past Century ◽

Legal Analysis ◽

International Organisations ◽

The Past ◽

The Pacific ◽

The Subject ◽

Definition Of ◽

Settlement Of Disputes ◽

Violent Conflicts

In the pantheon of approaches open to participants in the pacific settlement of disputes, good offices holds a noteworthy place. The evolution of good offices over the past century is concurrent with a trend of considerable transformation within international law, including – amongst other changes – a move away from a state-led legal order, including in good offices following the emergence of the heads of international organisations as its prime users, and a process of legalisation and specialisation within the subject that has entirely altered its character. These changes have led to a redefinition of good offices that stresses the actor carrying out the role above the form that it takes. To accompany these changes in practice, there is a need for a transformation in the legal analysis and definition of good offices. One potential option in achieving this end is Bell'slex pacificatoria. If good offices is to continue to play a significant role in the settlement of violent conflicts, a fully developed legal analysis is necessary to grasp both its historical development and its potential future role.

Сборник избранных статей по материалам научных конференций ГНИИ «Нацразвитие» (Санкт-Петербург, Апрель 2021) ◽

ON THE QUESTION OF THE CONCEPT OF ENTREPRENEURIAL ACTIVITY AND ITS RELATION TO OTHER TYPES OF ECONOMIC ACTIVITY

10.37539/apr315.2021.19.93.002 ◽

2021 ◽

Author(s):

Татьяна Александровна Скворцова ◽

Владислав Андреевич Сорокин

Keyword(s):

Economic Activity ◽

Entrepreneurial Activity ◽

Legal Definition ◽

The Subject ◽

Предметом данной статьи является анализ понятия предпринимательской деятельности и определение соотношения предпринимательской деятельности с иными видами экономической деятельности. Исследована легальная дефиниция «предпринимательская деятельность» и определены признаки, отграничивающие данный вид деятельности от других разновидностей экономической активности. The subject of this article is the analysis of the concept of entrepreneurial activity and the determination of the ratio of entrepreneurial activity with other types of economic activity. The legal definition of "entrepreneurial activity" is studied and the features that distinguish this type of activity from other types of economic activity are determined.

Bromley's Family Law

10.1093/he/9780198806691.001.0001 ◽

2021 ◽

Author(s):

Nigel Lowe ◽

Gillian Douglas ◽

Emma Hitchings ◽

Rachel Taylor

Keyword(s):

Family Law ◽

Hague Convention ◽

Case Law ◽

Critical Discussion ◽

Genital Mutilation ◽

Protection Orders ◽

European Court ◽

Key Issues ◽

The Subject ◽

Bromley’s Family Law has an enduring reputation as the definitive text on the subject. Its hallmark qualities of clarity, authority, comprehensiveness and readability have been relied upon by generations of readers. The text presents a broad treatment of the key issues relating to adult and child law. Each chapter provides an up-to-date critical discussion of the current legislative and case law position (including European Court of Human Rights’ decisions), proposals for reform and issues of current concern. Particular attention is also paid to the increasingly significant international dimension of family law, with a new chapter on this area covering the 1996 Hague Convention on the Protection of Children and reflecting the UK’s departure from the EU. This edition has been updated to provide up-to-date coverage on heterosexual civil partnerships, religious marriage (non)-recognition, the 2020 Domestic Abuse Bill, forced marriage protection orders, female genital mutilation protection orders, stalking protection orders, the Divorce, Dissolution and Separation Act 2020, online divorce, transgender parenthood, surrogacy, parental orders, child arrangement orders, radicalisation, and voluminous case law across all topics.

Rethinking the Anti-FGM Zero-Tolerance Policy: from Intellectual Concerns to Empirical Challenges

Current Sexual Health Reports ◽

10.1007/s11930-020-00299-9 ◽

2020 ◽

Vol 12 (4) ◽

pp. 266-275

Author(s):

Sarah O’Neill ◽

Dina Bader ◽

Cynthia Kraus ◽

Isabelle Godin ◽

Jasmine Abdulcadir ◽

...

Keyword(s):

Female Genital Mutilation ◽

Zero Tolerance ◽

World Health ◽

Genital Mutilation ◽

Tolerance Strategy ◽

Zero Tolerance Policy ◽

Genital Cutting ◽

Definition Of ◽

Health Organization ◽

Abstract Purpose of Review Based on the discussions of a symposium co-organized by the Université Libre de Bruxelles (ULB) and the University of Lausanne (UNIL) in Brussels in 2019, this paper critically reflects upon the zero-tolerance strategy on “Female Genital Mutilation” (FGM) and its socio-political, legal and moral repercussions. We ask whether the strategy is effective given the empirical challenges highlighted during the symposium, and also whether it is credible. Recent Findings The anti-FGM zero-tolerance policy, first launched in 2003, aims to eliminate all types of “female genital mutilation” worldwide. The FGM definition of the World Health Organization condemns all forms of genital cutting (FGC) on the basis that they are harmful and degrading to women and infringe upon their rights to physical integrity. Yet, the zero-tolerance policy only applies to traditional and customary forms of genital cutting and not to cosmetic alterations of the female genitalia. Recent publications have shown that various popular forms of cosmetic genital surgery remove the same tissue as some forms of “FGM”. In response to the zero-tolerance policy, national laws banning traditional forms of FGC are enforced and increasingly scrutinize the performance of FGC as well as non-invasive rituals that are culturally meaningful to migrants. At the same time, cosmetic procedures such as labiaplasty have become more popular than ever before and are increasingly performed on adolescents. Summary This review shows that the socio-legal and ethical inconsistencies between “FGM” and cosmetic genital modification pose concrete dilemmas for professionals in the field that need to be addressed and researched.

Female Genital Mutilation Act 2003

10.1093/med/9780199659425.003.0025 ◽

2021 ◽

pp. 287-288

Author(s):

Anna Smajdor ◽

Jonathan Herring ◽

Robert Wheeler

Keyword(s):

Female Genital Mutilation ◽

Genital Mutilation ◽

The Subject ◽

This chapter covers the Female Genital Mutilation Act 2003 and the subject of the offence of female genital mutilation.

Abuja Peoples of Nigeria as Indigenous Peoples in International Law

International Journal on Minority and Group Rights ◽

10.1163/15718115-02502002 ◽

2018 ◽

Vol 25 (3) ◽

pp. 431-457 ◽

Cited By ~ 2

Author(s):

Sylvanus Gbendazhi Barnabas

Keyword(s):

International Law ◽

Indigenous Peoples ◽

Child Rights ◽

International Child ◽

The Subject ◽

Definition Of ◽

International Instruments ◽

Diverse Cultures ◽

Agreed Definition

There is no agreed definition of indigenous peoples (IPs) as the international community has not agreed to any. However, an examination of international instruments and literature on the subject presents a picture. This article examines the definition of IPs and its relevance to Africa. The case study of Abuja, Nigeria is used as a vehicle to challenge the existing descriptions of IPs. It argues that international law should expand its definition of IPs to include collectives of peoples with diverse cultures in Africa. Analogical insights are drawn from international child rights law to advance the argument that international law on IPs’ rights can learn from the evolution of international children’s rights law.

The Rights of Minorities in International Law

Journal of Politics and Law ◽

10.5539/jpl.v9n6p15 ◽

2016 ◽

Vol 9 (6) ◽

pp. 15

Author(s):

Fatemeh Mihandoost ◽

Bahman Babajanian

Keyword(s):

International Law ◽

Present Article ◽

International Society ◽

Minority Rights ◽

The Other ◽

Human Right ◽

Religious Minorities ◽

The Subject ◽

Specific Culture ◽

Today human right is of great importance. The existence of different minorities such as lingual, ethnic, racial, and religious minorities with different tendencies derived from different civilizations and cultures has brought about social and cultural varieties and differences in each country and also the emergence of this variety has resulted in the development of variety in a specific culture and ceremony in different countries. On the other hand, each country as a member of international society has to observe norms and principles accepted by international society. In other words, although preparation of constitution of each country depends on exclusive qualification of the country’s people and government, it does not mean they are free in each law because international legitimacy of each country’s government and constitution depends on observation of the accepted principles and the governing rules in international law. The subject of minorities was first introduced in Vienna Congress and today different minorities live in different countries. In international documents and treaties, a precise definition of minority has not been provided. The present article seeks to interpret minority rights according to international law and investigate minority rights in international law by using international documents.

Labioplasty in girls under 18 years of age: an unethical procedure?

Clinical Ethics ◽

10.1258/ce.2008.008002 ◽

2008 ◽

Vol 3 (1) ◽

pp. 37-41 ◽

Cited By ~ 3

Author(s):

S Boraei ◽

C Clark ◽

L Frith

Keyword(s):

Young Women ◽

Legal Status ◽

Therapeutic Technique ◽

Genital Mutilation ◽

Labia Minora ◽

Current State ◽

Ethical Acceptability ◽

Definition Of ◽

Type Of Surgery ◽

Labioplasty is a surgical procedure performed to alter the size and shape of the labia minora. The reasons for women requesting this procedure remain largely unknown and recently girls and young women under the age of 18 years have been requesting this type of surgery. This paper examines the ethical acceptability of performing this procedure on under 18s. We will first discuss whether labioplasty can be considered to be a therapeutic technique. We will claim that, while it is difficult to offer a definitive definition of what constitutes a therapeutic technique, in our view labioplasty cannot be considered as such. This conclusion has relevance for the ethical acceptability of the procedure, its legal status in regard to the Female Genital Mutilation Act and the debates over who can give consent for it. It will be concluded that in our current state of knowledge, the benefits of labioplasty are far from clear, whereas the harms are demonstrable and therefore this procedure should not be offered to those aged under 18 years.

Doctrinal approaches to the definition of civil procedural law

Theory and Practice of Intellectual Property ◽

10.33731/12021.234201 ◽

2021 ◽

pp. 82-90

Author(s):

Olena Shtefan

Keyword(s):

Public Relations ◽

International Law ◽

The State ◽

Legal Norms ◽

Civil Process ◽

Procedural Law ◽

Civil Proceedings ◽

The Subject ◽

The Russian Federation ◽

Keywords: civil procedural law, civil process, civil proceedings, subject of civil procedurallaw The process of reforming procedural legislation, its harmonization, harmonization with theprinciples and standards of international law, as well as other processes taking place insociety and the state are the factors that affect the need to revise the doctrinal definitions of civil procedural law. One of the most developed issues in the theory of civil procedurallaw is its definition. In turn, the development of science is impossible without reviewingeven established doctrinal approaches and provisions.An analysis of the special literature, mostly educational, led to the conclusion thatscholars use approaches to the definition of the term "civil procedural law", which weredeveloped and included in the theory of civil procedural law in the 50s-60s of the twentiethcentury. Modern definitions of civil procedural law are based on the provisions of theold invalid legislation, or on the provisions of the legislation of other countries (for example,the Russian Federation). Therefore, the purpose of this study was to review the existingdefinitions in the theory of civil procedural law and their harmonization with theprovisions of current legislation of Ukraine.In the process of researching doctrinal approaches to the definition of civil procedurallaw, it was found that researchers invest in the definition of the subject, purpose of thisbranch of law, as well as additional characteristics of civil procedural law (participants,sectoral affiliation, stage, etc.).The lack of a single doctrinal approach to the definition of the subject of civil procedurallaw, which is part of the definition of civil procedural law, prompted to study thesubject of civil procedural law and propose its author's definition.Based on the provisions of current legislation, the article presents the author's definitionof civil procedural law as a branch of law, set and system of legal norms, the subjectof which are public relations arising in civil proceedings on the basis of fair, impartialand timely consideration and resolution of civil cases in order to effectively protect violated,unrecognized or disputed rights, freedoms or interests of individuals, rights and interestsof legal entities, the interests of the state.