Preventing the Police State

Political Rights ◽

The Right To Privacy ◽

Human Rights Treaties ◽

Effective Remedy ◽

Access To Data ◽

The Right ◽

Mass Surveillance

This chapter is intended as a basic reference guide for lawyers, legislators, and advocates approaching the issue of mass surveillance—or surveillance more generally—through the lens of international human rights law for the first time. It focuses on the International Covenant on Civil and Political Rights and the human rights treaties that apply in Europe and the Americas, with a particular emphasis on the rights to privacy, freedom of expression and opinion, and an effective remedy for violations. Although the exact parameters of the right to privacy are still being decided, it appears increasingly clear that state interferences with any kind of communications data will generally be subject to a standard of strict necessity applied on an individualized basis, and there is presently a trend toward finding that mass surveillance—including systematic state access to data held or transmitted by the private sector—violates the human rights treaties.

Human Rights in Germany – A View from Germany's National Human Rights Institution

International Journal of Legal Information ◽

10.1017/jli.2016.7 ◽

2016 ◽

Vol 44 (1) ◽

pp. 50-58

Author(s):

Beate Rudolf

Keyword(s):

Human Rights ◽

Added Value ◽

Persons With Disabilities ◽

The Right To Privacy ◽

National Human ◽

Human Rights Treaties ◽

Protection Of Human Rights ◽

The Right ◽

The Relationship

AbstractThis paper discusses the protection of human rights in Germany through the interplay of constitutional law and international human rights law. It also explores the relationship between specialized human rights treaties on the rights of women, children, and persons with disabilities with “general” human rights treaties and their added value. It will highlight current human rights issues, such as the treatment of refugees, the protection against racist discrimination, and the right to privacy in the digital age.

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 ◽

Political Rights ◽

International Labour Organisation ◽

Cultural Rights ◽

Human Rights Treaties ◽

International Human ◽

<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>

Art.13 Access to Justice

The UN Convention on the Rights of Persons with Disabilities ◽

10.1093/law/9780198810667.003.0014 ◽

2018 ◽

Author(s):

Flynn Eilionóir

Keyword(s):

Human Rights ◽

Access To Justice ◽

Persons With Disabilities ◽

Optional Protocol ◽

System P ◽

Human Rights Treaties ◽

United Nations Convention ◽

Effective Remedy ◽

This chapter examines Article 13 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which represents the first expression of a stand-alone right to access justice in international human rights law. It explores how the drafters drew on concepts like the right to an effective remedy and the right to a fair hearing in other UN human rights treaties, to develop a unique treaty provision on access to justice for persons with disabilities in the CRPD. It further considers how this right has been interpreted by the UN Committee on the Rights of Persons with Disabilities in its Concluding Observations to date. Further, the chapter explores the extent to which the article has been interpreted and applied in domestic and regional courts. Finally, it highlights individual complaints made under the Optional Protocol concerning the interpretation of Article 13 and any references to this provision by other treaty bodies and independent mechanisms within the UN system.

An EU Right to Interim Protection during Appeal Proceedings in Asylum Cases?

European Journal of Migration and Law ◽

10.1163/157181610x535764 ◽

2010 ◽

Vol 12 (4) ◽

pp. 407-434 ◽

Cited By ~ 1

Author(s):

Marcelle Reneman

Keyword(s):

Human Rights ◽

Human Rights Law ◽

Human Rights Treaties ◽

International Human ◽

Effective Remedy ◽

The Right ◽

Judicial Protection ◽

The Eu

AbstractDoes EU law provide for a right to interim protection in asylum cases and if so under what circumstances and in what form? These questions are addressed in this article on the basis of relevant EU legislation, the EU principle of effectiveness and the right to effective judicial protection, and finally international human rights law, which serves as a source of inspiration for these principles. It is argued that Article 39 of the Procedures Directive, interpreted in the light of the EU principle of effectiveness and the EU right to effective judicial protection, requires a remedy with automatic suspensive effect in all asylum cases, regardless of their arguability. It is therefore conceivable that this provision offers broader protection than the right to an effective remedy, laid down in international human rights treaties, such as Article 13 ECHR.

What Constitutes as Limitation of (Human) Rights in Indonesian Legal Context?

Hasanuddin Law Review ◽

10.20956/halrev.v3i3.1203 ◽

2018 ◽

Vol 3 (3) ◽

pp. 290

Author(s):

Anbar Jayadi

Keyword(s):

Human Rights ◽

Freedom Of Expression ◽

European Convention ◽

Constitutional Court ◽

Political Rights ◽

Human Rights Protection ◽

The Right To Privacy ◽

Legal Method ◽

Legal Context ◽

This article reviews the interpretation of the Constitutional Court (the Court) on the Article 28J paragraph (2) of the 1945 Constitution by looking into the rulings related to the Information and Electronic Transaction Law. These rulings are chosen because, in those rulings, tensions between individual and public interest are apparent. For example, the tension between the right to privacy and freedom of expression, and the tensions between freedom of expression and public order. The rulings that will be studied in this writing are Ruling No. 50/PUU-VI/2008, Ruling No. 2/PUU-VII/2009, Ruling No. 5/PUU-VIII/2010, Ruling No. 52/PUU-XI/2013, and Ruling No. 20/PUU-XIV/2016. In studying those rulings, this article use a legal method namely the interpretation of arguments, e.g. what are the arguments provided by the claimants in the case in relation to the Article 28J paragraph (2) of the 1945 Constitution and how does the Court responds to such arguments. Additionally, this writing will also compare the rulings to each other to portray the “variety” of interpretation by the Court over the time. Furthermore, this article will compare the Article 28J paragraph (2) of the 1945 Constitution and the Court’s interpretation of it to other standards of limitation in other human rights instruments such as European Convention on Human Rights (ECHR) and International Covenant on Civil and Political Rights (ICCPR) in order to depict what are the distinctive features of limitation of rights in Indonesian regime in comparison to other regimes. Last but not least, this article analyze what are the lesson learned from studying the Court’s interpretation and the possible consequence of such interpretation to the human rights protection in Indonesia.

6. Balancing rights—free speech and privacy

10.1093/actrade/9780198706168.003.0006 ◽

2015 ◽

Author(s):

Andrew Clapham

Keyword(s):

Human Rights ◽

Free Speech ◽

Freedom Of Expression ◽

Public Order ◽

Human Rights Law ◽

The Right To Privacy ◽

International Human ◽

‘Balancing rights—free speech and privacy’ considers the human rights that have built-in limitations. The thrust of international human rights law for these rights is that limitations to rights must be justified by reference to pre-existing accessible laws that allow for proportionate action necessary to achieve a legitimate aim such as national security, public order, or the rights of others. Human rights simultaneously claim to protect freedom of expression and the right to privacy, but how do you balance these rights and put them into practice? It all depends on the context and proportionality.

Introduction

10.1093/oso/9780198828570.003.0001 ◽

2018 ◽

Author(s):

Allan Hepburn

Keyword(s):

Human Rights ◽

Church Of England ◽

Freedom Of Expression ◽

Roman Catholicism ◽

Freedom Of Conscience ◽

Oxford Movement ◽

The Right To Privacy ◽

The Right ◽

Race And Religion ◽

The Church

In the 1940s and 1950s, Britain was relatively uniform in terms of race and religion. The majority of Britons adhered to the Church of England, although Anglo-Catholic leanings—the last gasp of the Oxford Movement—prompted some people to convert to Roman Catholicism. Although the secularization thesis has had a tenacious grip on twentieth-century literary studies, it does not account for the flare-up of interest in religion in mid-century Britain. The ecumenical movement, which began in the 1930s in Europe, went into suspension during the war, and returned with vigour after 1945, advocated international collaboration among Christian denominations and consequently overlapped with the promotion of human rights, especially the defence of freedom of worship, the right to privacy, freedom of conscience, and freedom of expression.

Freedom of Expression and the Right to Privacy and Ethics in Dialectic of Human Rights in This Complex and Turbulent Society

International Journal of Project Management and Productivity Assessment ◽

10.4018/ijpmpa.2021070101 ◽

2021 ◽

Vol 9 (2) ◽

pp. 1-28

Author(s):

José Poças Rascão ◽

Nuno Gonçalo Poças

Keyword(s):

Social Networks ◽

Human Rights ◽

Online Social Networks ◽

Freedom Of Expression ◽

Technological Development ◽

Social Engineering ◽

Digital Data ◽

Right To Privacy ◽

The Right To Privacy ◽

The article is about human rights freedom of expression, the right to privacy, and ethics. Technological development (internet and social networks) emphasizes the issue of dialectics and poses many challenges. It makes the theoretical review, the history of human rights through and reference documents, an analysis of the concepts of freedom, privacy, and ethics. The internet and social networks pose many problems: digital data, people's tracks, the surveillance of citizens, the social engineering of power, online social networks, e-commerce, spaces of trust, and conflict.

Human rights violations during the COVID-19 pandemic

International Journal of Human Rights in Healthcare ◽

10.1108/ijhrh-11-2020-0097 ◽

2021 ◽

Vol ahead-of-print (ahead-of-print) ◽

Author(s):

Mohammed R.M. Elshobake

Keyword(s):

Health Care ◽

Human Rights ◽

Freedom Of Expression ◽

Human Rights Violations ◽

Human Rights Law ◽

Content Type ◽

International Human ◽

Purpose The purpose of this paper is to explore the most prominent human rights violations during the COVID-19 pandemic in accordance with international human rights law. Design/methodology/approach Through doctrinal and legal study and content analysis, this paper analyses the important relevant legal provisions under International human rights law and applies these provisions to the reality of managing the COVID-19 crisis to identify the most prominent human rights violations during the COVID-19 outbreak. This research paper considered as a review paper in that it provides a review of the most prominent measures taken during the COVID-19 crisis, which constitutes violations of international human rights law. Findings It is concluded that some measures that have been taken by countries to confront the COVID-19 pandemic have constituted violations of human rights and did not comply with the legal conditions to restrict human rights. Indeed, the COVID-19 pandemic has shown the ugly fractures in health-care systems, health inequities, racism and discrimination, Undermining the right to freedom of expression and the right to access information, gross negligence in protecting detainees from COVID-19 infection, all of these constitute clear violations of the principles of international human rights law. Research limitations/implications The spread of COVID-19 has not stopped, and its effects still continue, including human rights violations. Therefore, this paper cannot enumerate all human rights violations that occur during the spread of COVID-19. Practical implications Based on the results in this paper, governments need to be more prepared to face any health crisis at all levels including health care, which would reduce human rights violations. Social implications This research paper reflects positively on the social reality, as the adoption of its recommendations leads to the provision of adequate health care to all members of society in accordance with the principles of human rights, granting them the right to access information, protecting their right to freedom of expression, reducing the phenomenon of racism and discrimination and providing adequate health care to all detainees. Originality/value This paper studies an up-to-date topic that we are still living and seeing its effects. The benefit of this paper is to provide recommendations that protect human rights during the COVID-19 pandemic.

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.