Using international human rights law to mobilize for children’s rights and reproductive rights in Ireland

Human Rights Law ◽

Rights Of The Child ◽

International Human ◽

This chapter uses the experimentalist framework to examine two processes of social change in Ireland in recent decades—children’s rights reform and reproductive rights reform—which included the engagement of domestic advocacy groups with international human rights law as a key element of those campaigns. In the case of child rights, a coalition of hitherto separate organizations and groups came together following Ireland’s ratification of the UN Convention on the Rights of the Child, and re-oriented their work and advocacy around the idea of children’s rights. By bringing issues before the Committee on the Rights of the Child, and requiring the government to engage repeatedly with the Committee and with the meaning and consequences in practice of the obligations taken on under the Convention, they injected fresh impetus into existing campaigns, opened a public conversation about children’s rights, and placed Ireland’s practices and attitudes towards children and the family in the context of international standards. In the case of abortion law reform which was a bitterly divisive and difficult issue in Ireland, domestic activists drew upon and engaged with a variety of international human rights institutions and laws over decades to keep pressure on the government and the state to introduce change, as well as to create public awareness of the suffering of specific women and to highlight existing and emerging international norms on reproductive rights. Both campaigns ultimately succeeded in pressing for the adoption of a range of important legislative and policy reforms.

‘Past’ Violations under International Human Rights Law: The Indigenous ‘Stolen Generation’ in Australia

Netherlands Quarterly of Human Rights ◽

10.1177/016934410502300204 ◽

2005 ◽

Vol 23 (2) ◽

pp. 243-272

Author(s):

Maria O'Sullivan

Keyword(s):

Human Rights ◽

Racial Discrimination ◽

Political Rights ◽

Human Rights Law ◽

International Convention ◽

Rights Of The Child ◽

International Human ◽

This article examines the debate relating to reparations for ‘past’ human rights violations, with particular focus on the case of the indigenous ‘Stolen Generation’ in Australia. The ‘Stolen Generation’ is a term used to describe the government-sanctioned practice of forced removals of part-Aboriginal children from their indigenous parents and placement into non-indigenous institutions and homes, which occurred in Australia from approximately 1910–1970. The ‘Stolen Generation’ violations present a unique and difficult legal question for international human rights law because they straddle the divide between ‘historic’ violations and contemporary acts, that is, they were committed by Australia after Australia signed key agreements such as the UN Charter, the Universal Declaration on Human Rights, the Declaration on the Rights of the Child and the Declaration on the Elimination of All Forms of Racial Discrimination, but prior to its ratification of international human rights treaties such as the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination. This means that bringing a claim under international human rights law in relation to the violations raises a number of problems. The object of this article will be to explore whether Australia can be held responsible under international human rights law for the ‘Stolen Generation’ violations and possible avenues of redress. In this regard, the focus of the article will be on the possible claims victims could make to relevant treaty monitoring bodies and the types of obstacles they would face in doing so. These legal questions are also relevant to the wider debate that is taking place in relation to reparations, namely the extent to which a State can be held legally responsible to provide reparations for past violations.

International Human Rights Law

10.1093/he/9780198767237.001.0001 ◽

2018 ◽

Cited By ~ 3

Keyword(s):

Human Rights ◽

Children's Rights ◽

Children’S Rights ◽

Human Rights Law ◽

Respective Field ◽

Protection Of Human Rights ◽

International Human ◽

The Ideal

Written by leading experts in the field, International Human Rights Law explores the essentials of international human rights law, from foundational issues to substantive rights and systems of protection. It also addresses contemporary challenges, such as terrorism and poverty, ensuring students are aware of the current and future importance of these issues. A variety of perspectives bring this multifaceted and sometimes contentious subject to life, making the book the ideal companion for students and practitioners of human rights. Breadth and depth of coverage provide a thorough and complete guide for students of international human rights law. Each chapter is written by an expert in their respective field. The book includes useful features such as chapter summaries, charts, and suggestions for further reading. New to this third edition are chapters on children’s rights and the regional protection of human rights.

The Domestic Politics of International Human Rights Law: Implementing the Convention on the Rights of the Child in Ecuador, Chile, and Argentina

Human Rights Quarterly ◽

10.1353/hrq.2012.0013 ◽

2012 ◽

Vol 34 (1) ◽

pp. 178-198 ◽

Cited By ~ 15

Author(s):

Jean Grugel ◽

Enrique Peruzzotti

Keyword(s):

Human Rights ◽

Domestic Politics ◽

Human Rights Law ◽

Rights Of The Child ◽

The Holy See and Children’s Rights: International Human Rights Law and Its Ghosts

Nordic Journal of International Law ◽

10.1163/15718107-08401003 ◽

2015 ◽

Vol 84 (1) ◽

pp. 59-88

Author(s):

Ntina Tzouvala

Keyword(s):

Human Rights ◽

Child Abuse ◽

Human Rights Law ◽

Legal Subject ◽

Holy See ◽

Rights Of The Child ◽

Vatican City ◽

The revelation of a series of child abuse incidents committed by Catholic priests and other members of religious orders has given rise to the question of establishing the responsibility of the Holy See for these acts under international human rights law. This article focuses on the report issued in 2014 by the Committee on the Rights of the Child, the monitoring body of the Convention of the Rights of the Child (crc). It is argued that in order to fulfil this task we need to take three steps: first, to establish the relationship between the Vatican City state and the Hole See, a distinct and peculiar international legal subject. To do so, a historical account of the Holy See and its position within the fabric of international law is considered necessary. Secondly, this article argues that the crc was ratified by the Holy See both in its capacity as the government of the Vatican City and as a non-territorial legal subject. Hence, the application of the crc is not confined within the limited territory of the Vatican City, but ‘follows’ the authority of the Holy See irrespective of state borders. Thirdly, it is argued that the vertical, hierarchical structure of the Holy See is homologous to that of the modern state and, therefore, attribution rules can be applied by analogy in this case. The final conclusion is that it is possible to hold the Holy See responsible under the crc for acts of child abuse that occurred under its authority around the globe.

the-domestic-politics-of-international-human-rights-law-implementing-the-convention-on-the-rights-of-the-child-in-ecuador-chile-and-argentina

Human Rights Documents online ◽

10.1163/2210-7975_hrd-1416-0123 ◽

2016 ◽

Keyword(s):

Human Rights ◽

Domestic Politics ◽

Human Rights Law ◽

Rights Of The Child ◽

Good Governance and Property Rights of the State: The Dubovets Case before the European Court of Human Rights and the Russian Constitutional Court

Review of Central and East European Law ◽

10.1163/15730352-04403002 ◽

2019 ◽

Vol 44 (3) ◽

pp. 296-304

Author(s):

Grigory Vaypan

Keyword(s):

Human Rights ◽

Property Rights ◽

Good Governance ◽

Constitutional Court ◽

Human Rights Law ◽

European Court ◽

International Human ◽

This contribution discusses the recent Dubovets case before both the European Court of Human Rights and the Russian Constitutional Court, and its implications for the changing design of Russian property law as increasingly shaped by international human rights law and good governance principles. Communicated in December 2016, the application in Dubovets v. Russia continues the line of the European Court’s cases against Russia on the protection of good faith private owners of real estate against property claims by the government. Prompted by this case law, the Russian Constitutional Court in its Judgment of 22 June 2017 No 16-P struck down Article 302 of the Russian Civil Code as unconstitutional insofar as it entitled the government to reclaim possession of state property that had been previously alienated due to the government’s own negligence. This judgment manifests the increasing interdependence between private and public law – of classical property law, on the one hand, and international human rights law and good governance principles, on the other hand. It also contributes to ongoing evolution in the understanding of the state’s property rights in Russia: from the superior status of public property in Soviet times – to formal equality between public and private property rights in the landmark legal instruments of the 1990s – and now to the growing need for special protection of individual property rights vis-à-vis the state, in light of the latter’s double role as both the largest owner and the (quite unrestrained) regulator.

Domestic Human Rights Adjudication in the Shadow of International Law: The Status of Human Rights Conventions in Israel

Israel Law Review ◽

10.1017/s0021223717000164 ◽

2017 ◽

Vol 50 (3) ◽

pp. 331-388 ◽

Cited By ~ 1

Author(s):

Barak Medina

Keyword(s):

Human Rights ◽

International Law ◽

Democratic Legitimacy ◽

Human Rights Law ◽

Quarter Century ◽

Human Rights Treaties ◽

International Human ◽

The quarter-century anniversary of Israel's ratification of the major United Nations (UN) human rights treaties is an opportunity to revisit the formal and informal interaction between domestic and international Bills of Rights in Israel. This study reveals that the human rights conventions lack almost entirely a formal domestic legal status. The study identifies a minor shift in the scope of the Israeli Supreme Court's reference to international law, as the Court now cites international human rights law to justify decisions that a state action is unlawful, and not only to support findings that an action is valid. This shift may be the result of other reasons, for instance, a ‘radiation’ of the Court's relatively extensive use of international humanitarian law in reviewing state actions taken in the Occupied Territories. However, it may also reflect a perception of enhanced legitimacy of referring to international human rights law as a point of reference in human rights adjudication following ratification of the treaties.At the same time, the Court continues to avoid acknowledging incompatibility between domestic law and international law. It refers to the latter only to support its interpretation of Israeli constitutional law, as it did before the ratification. This article critically evaluates this practice. While international human rights law should not be binding at the domestic level, because of its lack of sufficient democratic legitimacy in Israel, it should serve as an essential benchmark. The Court may legitimise a human rights infringement that is unjustified according to international law, but such incompatibility requires an explicit justification. The Court, together with the legislature and the government, are required to engage critically with the non-binding norms set by the ratified UN human rights treaties.

Human Rights and Refugees: Enhancing Protection through International Human Rights Law

Nordic Journal of International Law ◽

10.1163/15718100020296224 ◽

2000 ◽

Vol 69 (2) ◽

pp. 117-177 ◽

Cited By ~ 4

Author(s):

Keyword(s):

Human Rights ◽

Legal Framework ◽

Human Rights Law ◽

Human Rights Protection ◽

Refugee Protection ◽

Rights Of The Child ◽

Recent Developments ◽

AbstractThis essay analyses how UN mechanisms of human rights protection – namely the UN Commission and Sub-Commission on Human Rights, the Committee Against Torture, the Committee on the Rights of the Child and the Human Rights Committee – can be used as a practical and analytical tool to enhance the protection of refugees and suggests that they can make a significant contribution to refugee protection. Although UN mechanisms may not provide a framework of protection as expansive and reliable as domestic systems, recent developments in international human rights law have contributed to an increasingly important legal framework that can be invoked in support of both specific cases and more broad-based advocacy on behalf of refugees. This article draws on specific examples to argue that UNHCR and refugee advocates can use these laws and mechanisms to enhance protection principles and give effect to forms of enforcement.

PERSPEKTIF HUKUM DAN HAK ASASI MANUSIA TERHADAP ANAK YANG MENJADI KORBAN PERDAGANGAN MANUSIA

Negara dan Keadilan ◽

10.33474/hukum.v9i2.7387 ◽

2020 ◽

Vol 9 (2) ◽

pp. 107

Author(s):

Abu Hasin

Keyword(s):

Human Rights ◽

Human Trafficking ◽

Criminal Law ◽

Children's Rights ◽

The State ◽

Children’S Rights ◽

Human Rights Law ◽

Perspektif yuridis terhadap anak yang menjadi korban kejahatan perdagangan manusia sudah banyak norma yuridis yang dibuat negara yang secara fundamental mengaturnya, bahwa tindak pidana atau kejahatan memperdagangkan anak sudah jelas-jelas sebagai perbuatan yang berbentuk melanggar norma hukum pidana. Dalam perspektif hak asasi manusia (HAM) terhadap anak yang menjadi korban kejahatan perdagangan manusia adalah berkaitan dengan masalah hak-hak anak, baik yang diatur dalam instrumen HAM internasional seperti UDHR, Kovenan Hak Anak, hingga produk yuridis Indonesia.Kata kunci: anak, hak asasi manusia, hukum, korban Juridical perspective on children who are victims of human trafficking crimes has many juridical norms made by the state that fundamentally regulate them, that criminal acts or the crime of trafficking in children are clearly acts that violate criminal law norms. In the perspective of human rights (HAM) against children who are victims of human trafficking crimes is related to the issue of children's rights, both regulated in international human rights instruments such as the UDHR, the Covenant on Childrens Rights, to Indonesian juridical products.Keywords: children, human rights, law,

Utilising the International Human Rights Framework to Access the Benefits of Paediatric Research in The covid Era: A Wales Case Study

The International Journal of Children s Rights ◽

10.1163/15718182-29020003 ◽

2021 ◽

Vol 29 (2) ◽

pp. 326-352

Author(s):

Rhian Croke ◽

Rhian Thomas Turner ◽

Phillip Connor ◽

Martin Edwards

Keyword(s):

Human Rights ◽

Health Professionals ◽

Children's Rights ◽

Children’S Rights ◽

Paediatric Research ◽

Rights Of The Child ◽

Human Rights Treaties ◽

Abstract This article uses Wales as a case study to discuss the challenges to accessing the benefits of paediatric research before and during the covid-19 pandemic. Due to the rapidly changing political and legislative landscape, it is critical that health professionals working for the benefit of children can utilise international human rights treaties and the most relevant General Comments that offer a bridge between legalistic provisions and practice. Additionally, it is vital for health professionals to interpret and understand domestic children’s rights legislation, including tools for implementation for realising children’s rights. This article shares learning from the Children’s Hospital for Wales, Children and Young Adult Research Unit’s endeavour to challenge the Welsh Government to pay due regard to the rights of the child in ensuring children can access the benefits of paediatric research; including research concerning children’s role in infection and transmission, during the pandemic.