Human Rights, Membership, and Moral Responsibility in an Unjust World

2018 ◽  
Author(s):  
Alex Levitov ◽  
Stephen Macedo
Keyword(s):  
Human Rights ◽  
Moral Responsibility ◽  
The Other ◽  
Self Determination ◽  
Free Movement ◽  
International Human Rights ◽  
Collective Self ◽  
International Human ◽  
Political Communities

International human rights instruments establish both a fundamental right to collective self-determination and a right of individuals to free movement. What principles and priorities should guide us when these two sets of claims come into conflict? When and under what conditions are political communities morally entitled to exclude those who wish to enter? And when, on the other side, do the rights of individuals seeking entry take priority? These issues are both philosophically contested and of great practical import, and this chapter seeks to illuminate them.

Right to Education in Mother Language

2021 ◽  
pp. 223-241
Author(s):  
Nima Norouzi ◽  
Hussein Movahedian
Keyword(s):  
Human Rights ◽  
Mother Tongue ◽  
The Other ◽  
Right To Education ◽  
International Human Rights ◽  
Linguistic Rights ◽  
Government Institutions ◽  
International Human ◽  
The One ◽  
The Right

The right to use one's mother language is affected by examining the nature of this right in the international human rights system. Speaking of linguistic rights requires examining this right in the context of general human rights and the rights of minorities. On the one hand, the right to use one's mother tongue is rooted in the “right to be different,” which itself is inspired by human dignity, and, on the other hand, because the linguistic rights of the majority are better guaranteed than the linguistic rights of the minority. This chapter examines the right to use one's mother tongue in the minority system; therefore, language rights can be divided into two approaches based on tolerance, which prohibits any interference with the choice of language and its use by governments, as well as an extension-based approach that seeks to protect the right to use language in various fields such as education, court, public arena, and government institutions.

18. The right to self-determination

2019 ◽  
pp. 330-347
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
Self Determination ◽  
Current Debate ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Territorial Integrity ◽  
The Future ◽  
International Human ◽  
The Right

This chapter examines the right to self-determination in international human rights law. It traces the origins of this right and considers issues characterizing the current debate on the future of self-determination. The chapter suggests that while self-determination is acceptable for divesting States of colonial powers, problems can arise when groups that are not the sole occupants of a State territory choose to exercise self-determination. The right to self-determination may sit uneasily with respect for territorial integrity of States. Various forms of modern self-determination, including partial or full autonomy within States are emerging.

17. The right to self-determination

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
Self Determination ◽  
Current Debate ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Territorial Integrity ◽  
The Future ◽  
International Human ◽  
The Right

This chapter examines the right to self-determination in international human rights law. It traces the origins of this right and considers issues characterizing the current debate on the future of self-determination. The chapter suggests that while self-determination is acceptable for divesting States of colonial powers, problems can arise when groups that are not the sole occupants of a State territory choose to exercise self-determination. The right to self-determination may sit uneasily with respect for territorial integrity of States. Various forms of modern self-determination, including partial or full autonomy within States are emerging.

scholarly journals The Right of Self-Determination: Its Emergence, Development, and Controversy

2016 ◽  
Vol 12 (1) ◽  
pp. 1
Author(s):  
Munafrizal Manan
Keyword(s):  
Human Rights ◽  
International Law ◽  
Self Determination ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
International Human ◽  
The Right ◽  
Right Of Self Determination

This paper discusses the right of self-determinationfrom  international  law  and international human rights law perspective. It traces the emergence and development of self-determination from political principle to human right. It also explores the controversy of the right of self-determination. There have been different and even contradictory interpretations of the right of self-determination. Besides, there is no consensus on the mechanism to apply the right of self-determination. Both international law and international human rights law are vague about this.

scholarly journals ABORIGINAL SELF-DETERMINATION WITHIN CANADA: RECENT DEVELOPMENTS IN INTERNATIONAL HUMAN RIGHTS LAW

2011 ◽  
Vol 10 (1 - 4) ◽  
pp. 1999
Author(s):  
Andrew Orkin ◽  
Joanna Birembaum
Keyword(s):  
Human Rights ◽  
Self Determination ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Recent Developments ◽  
International Human

ABORIGINAL SELF-DETERMINATION WITHIN CANADA: RECENT DEVELOPMENTS IN INTERNATIONAL HUMAN RIGHTS LAW

scholarly journals In Search of Sub-National Constitutionalism

2008 ◽  
Vol 4 (2) ◽  
pp. 325-343 ◽  
Author(s):  
James A. Gardner
Keyword(s):  
Human Rights ◽  
Two Dimensions ◽  
Self Determination ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Cultural Self ◽  
International Human ◽  
Level Analysis

Federalism as a consequence of local/cultural self-determination – Degree of autonomous human rights protection on a subnational level – Analysis in terms of two dimensions: subnational constitutionalism and contestatory federalism – Contrast between US and European models – Opposition between contestatory federalism and subsidiarity – Rise of international human rights protection diminishes importance of subnational human rights protection

scholarly journals Critical Analysis of Refugee Protection in South Asia

Refuge ◽  
2001 ◽  
pp. 6-16 ◽  
Author(s):  
Veerabhadran Vijayakumar..
Keyword(s):  
Human Rights ◽  
Comparative Analysis ◽  
South Asia ◽  
Critical Analysis ◽  
The Other ◽  
International Human Rights ◽  
National Legislation ◽  
Judicial Decisions ◽  
Refugee Protection ◽  
International Human

Many countries in Asia and all the countries in South Asia have not acceded to the Refugee Convention of 1951 or the Protocol of 1967 in spite of the fact that a large number of refugees come from this region. The reasons for not ratifying them are not clear even though many international human rights instruments have been ratified by many of them. The probable reasons for not ratifying the Refugee Conventionor the Protocol, the lack of any regional approach or national legislation to address the problem, the contribution made by the international community to the crises in this region, nature of protection, the extent of rights available to the refugees and a brief comparison between the Northern and Southern perspectives have also been explained. Some of the important judicial decisions from India have been relied upon to appreciate the developments. This article concludes by emphasizing that through a comparative analysis of both the Northern and Southern perspectives relating to the protection of refugees, each can benefit from the experiences of the other, improve and build a scheme to care for the millions of refugees as well as others of concern in the new millennium.

scholarly journals The Principle of Self-Determination in the Context of Human Rights

2017 ◽  
Vol 7 ◽  
pp. 25-36
Author(s):  
Tadeusz Gadkowski
Keyword(s):  
Human Rights ◽  
Self Determination ◽  
Soft Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Fundamental Freedoms ◽  
Close Relationship ◽  
Protection Of Human Rights ◽  
International Human

The essay presents the issue of the principle of self-determination from the perspective of international human rights law. The author highlights the close relationship between the principle of self-determination and the principle of respect for human rights and fundamental freedoms. In practice, the principle of self-determination is a prerequisite for the effective guarantee of human rights, and, at the same time, guaranteed protection of human rights is a prerequisite for implementing the principle of national self determination. The author presents the issue of self-determination in the context of the basic regulations of international human rights law, considering regulations of both a ‘hard’ and ‘soft’ law character.

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