Human Rights, Law, and Political Economy

Human Rights Law ◽

Human Right ◽

World Hunger ◽

Adequate Food ◽

Regulatory Law

The final chapter of the book explores the potential of international human rights law as a means of addressing the persistence of world hunger. The chapter begins by relating the institutional development of the human right to adequate food. The analysis highlights some of the main advances that have been made in protecting the right, and it considers the emegence of two particular approaches taken to realizing socio-economic rights on the domestic level. The chapter then considers some of the limitations of human rights law as a tool to remedy complex socio-economic problems. The challenges of financialization and world hunger serve as referents for this analysis. Next, the author discusses the rise of the ‘food sovereignty’ movement and considers whether this approach overcomes some of the limitations of rights-based solutions to hunger. The chapter concludes with a two-fold argument concerning the limitations of existing international responses to hunger, which is that they simultaneously underweight the embeddedness of regulatory law in political economy, and, relatedly, that they pay insufficient attention to the operations of constitutive legal regimes that function to obstruct efforts to realize a right to adequate food.

Breastfeeding in Refugee Camps: A Child and Maternal Right?

Human Rights Law Review ◽

10.1093/hrlr/ngaa064 ◽

2021 ◽

Author(s):

Aleisha Ebrahimi

Keyword(s):

Human Rights ◽

Best Interests ◽

Refugee Camps ◽

Human Rights Law ◽

Human Right ◽

Formula Milk ◽

International Human ◽

Milk Marketing

Abstract In recognition of the health benefits breastfeeding offers for both mother and child, breastfeeding has been acknowledged in various International Human Rights Law instruments. Furthermore, against the backdrop of aggressive formula milk marketing campaigns, significant soft law provisions contained within the International Code of Marketing of Breast-milk Substitutes 1981 regulate and control the promotion of breastmilk substitutes. Refugee camps, however, remain aligned with pre-code practice, as formula milk is often one of the first donations to arrive in camps. Mothers, who are still affected by historical formula marketing campaigns, receive formula milk and perceive its availability and distribution as an endorsement over breastfeeding. In this article, International Human Rights Law is analysed, within the framework of the principle of the best interests of the child, to determine if the choice to breastfeed should be protected as a human right and how the indiscriminate supply of formula milk interacts with this choice in refugee camps.

Freedom of Expression in Malaysia: Compatibility with the International Human Rights Standard

BESTUUR ◽

10.20961/bestuur.v9i1.51637 ◽

2021 ◽

Vol 9 (1) ◽

pp. 44

Author(s):

Saidah Fasihah Binti Che Yussoff ◽

Rohaida Nordin

Keyword(s):

Human Rights ◽

Freedom Of Expression ◽

Legal Framework ◽

International Standards ◽

Freedom Of Information ◽

Human Rights Law ◽

Human Right ◽

International Human

Malaysia is likely to introduce new laws on freedom of information. However, the important questions are whether the said laws are effective and will have enough bite with the public looking forward to opening government policy. Freedom of information has developed under international human rights law as the right to freedom of expression, including the freedom to seek, receive and impart knowledge and ideas through media, regardless of any frontier. This paper aims to examine freedom of expression under the international realm, scrutinize the said freedom in the Malaysian legal framework, and discuss the proposed enactment of freedom of information laws in Malaysia in conformity with international human rights law. This research uses the qualitative research method. This paper concludes that freedom of information in Malaysia is severely impeded by the enforcement of the Official Secret Act. This paper calls for the repeal or amendment to the Act in conformity with international standards. Keywords: Expression; Freedom; Expression; Human Right.

THE RIGHT TO VOTE FOR NON-RESIDENT CITIZENS IN EUROPE

International and Comparative Law Quarterly ◽

10.1017/s0020589316000336 ◽

2016 ◽

Vol 65 (4) ◽

pp. 859-894 ◽

Cited By ~ 1

Author(s):

Richard Lappin

Keyword(s):

Human Rights ◽

Political Rights ◽

Human Rights Law ◽

Human Right ◽

European Court ◽

Civil And Political Rights ◽

Right To Vote ◽

The Right ◽

Political Right

AbstractThe right to vote is the most important political right in international human rights law. Framed within the broader right of political participation, it is the only right in the International Covenant on Civil and Political Rights not guaranteed as a universal human right but rather as a citizen's right. While limitations on the right to vote are permissible in respect of citizenship and age, residency-based restrictions are not explicitly provided. However, recent judgments of the European Court of Human Rights endorse a view that voting rights may be conditioned on residency on the grounds of an individual's bond to their country-of-origin and the extent to which laws passed by that government would affect them. This article questions this proposition and explores whether disenfranchisement based solely on residency constitutes an unreasonable and discriminatory restriction to the essence of the right.

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

Jurnal Konstitusi ◽

10.31078/jk1211 ◽

2016 ◽

Vol 12 (1) ◽

pp. 1

Author(s):

Munafrizal Manan

Keyword(s):

Human Rights ◽

International Law ◽

Self Determination ◽

Human Rights Law ◽

Human Right ◽

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.

A Need for Transnational Non Bis in Idem Protection in International Human Rights Law

Netherlands Quarterly of Human Rights ◽

10.1177/016934410502300302 ◽

2005 ◽

Vol 23 (3) ◽

pp. 329-347 ◽

Cited By ~ 3

Author(s):

Alexander Poels

Keyword(s):

Human Rights ◽

Due Process ◽

The European Union ◽

Human Rights Law ◽

Human Right ◽

International Human ◽

The Individual ◽

Domestic Law

Although safeguards for the individual human right guarantees for protection against double jeopardy are strongly entrenched in international and domestic law as well as widely reflected in State practice, such protection is generally limited in scope and applicability to surrender or extradition procedures. Where criminal offenders face courts of a State after having been prosecuted and punished or acquitted by a court of another State, the absence of transnational non bis in idem protection constitutes a serious lacuna in international human rights law. Although legislative and judicial initiatives are being undertaken – notably under the aegis of the European Union – to remedy this lacuna, the international community must incontestably act upon this need for individuals' protection against abuses of power and breaches of due process through the amendment or complementing of the classical international human rights conventions.

The Incomplete Right to Freedom of Movement

AJIL Unbound ◽

10.1017/aju.2018.23 ◽

2017 ◽

Vol 111 ◽

pp. 514-518

Author(s):

Moria Paz

Keyword(s):

Human Rights ◽

Human Rights Law ◽

Human Right ◽

Freedom Of Movement ◽

Territorial State ◽

Human Rights Regime ◽

The Face ◽

International Human

We live now in the midst of a massive global crisis of mobility. An ever-growing population finds itself refugees displaced from the legitimate jurisdiction of any territorial state. In the face of this pressing emergency, influential voices argue that international human rights law should be placed “at the center” of international efforts to meet this challenge. But today's calamity is set against the backdrop of a universal human rights regime that is not only thin but, more importantly, incomplete. When it comes to cross-border mobility, human rights law ensures that states allow individuals to leave their state, but alas does not require that any other state let them enter and remain. Such entry and residence rights are required only for a country's own nationals (however nationality is defined). And so, many refugees who have exercised their human right to exit come up against a functional block to mobility: they have no place to stop moving. Some of them may nonetheless find a state willing to take them in. In that case, they may enjoy meaningful protection, but this protection exists only by virtue of a state's domestic policies and has little to do with international human rights.

The Limits of Law

Feeding the Hungry ◽

10.7591/cornell/9781501751165.003.0006 ◽

2020 ◽

pp. 109-130

Author(s):

Michelle Jurkovich

Keyword(s):

Human Rights ◽

International Law ◽

Human Rights Law ◽

Human Right ◽

Right To Food ◽

International Human ◽

The Right

This chapter considers the puzzling role of international law around the right to food and examines why the existing law has been unable to generate norms within the advocacy community. It explores the reasons why international anti-hunger organizations rarely legitimate the right to food in legal terms and how this case can challenge the understanding of the relationships between norms, human rights, and law. It also provides a conceptual discussion of the distinction between formal law and norms, underscoring the importance of not conflating the two concepts. The chapter argues that many international anti-hunger organizations still do not conceptualize food as a human right, making international human rights law less relevant. It looks at the hunger case that suggests there is nothing automatic about law generating norms among activists or society at large.

A Genuine Islamic Conceptualization of Religious Freedom

Muslim World Journal of Human Rights ◽

10.1515/mwjhr-2018-0020 ◽

2018 ◽

Vol 15 (1) ◽

pp. 1-27 ◽

Cited By ~ 1

Author(s):

Farhood Badri

Keyword(s):

Human Rights ◽

International Relations ◽

Religious Freedom ◽

Human Rights Law ◽

Human Right ◽

Research Perspective ◽

Islamic Thought ◽

Comprehensive Picture ◽

Human Rights Norms

Abstract Departing from a critical norm research perspective, the paper first sketches the need to unveil the Eurocentric and secular bias of International Relations (IR) as a discipline in general and its constructivist norm research program in particular. With regard to human rights norms, and religious freedom in particular, the dominant liberal-secular international human rights law understanding of religious freedom marginalizes religious, and especially, Islamic grounds and understandings of this truly global norm. Indeed, it demonstrates both, the dominant ideational perspective of religious freedom as a Western human right grounded by Western-canonical thinkers, and the limits of accommodating religion and religious voices in IR. In contrast, and against the background of a post-secular IR, the paper seeks to unveil alternative and marginalized bodies of Islamic knowledge for the sake of a more comprehensive picture to be painted by IR. By reconstructing reformist Islamic thought and Islamic ideational perspectives and conceptualizations of religious freedom, the paper seeks to let these voices speak for themselves as truly genuine Islamic contributions to IR. The overall aim is threefold: to theoretically connect critical norm research and post-secular approaches with reformist Islamic thought by conceptualizing ijtihad as religious norm contestation; to unveil the double marginalized character of critical Muslim voices in IR; and finally to paint a broader and more comprehensive picture of Islam and IR by revealing an alternative Islamic genealogy of universal religious freedom.

The Human Right to Water in International Human Rights Law

Towards a Sustainable Human Right to Water ◽

10.1017/9781780686165.003 ◽

2019 ◽

pp. 47-94

Keyword(s):

Human Rights ◽

Human Rights Law ◽

Human Right ◽

International Human

The crime of human trafficking against persons with disabilities. A comparative study

Journal of Social Sciences (COES&RJ-JSS) ◽

10.25255/jss.2021.10.3.303.316 ◽

2021 ◽

Vol 10 (3) ◽

pp. 303-316

Author(s):

Lujain Ahmed Abu Dalu

Keyword(s):

Human Rights ◽

Human Trafficking ◽

Human Rights Law ◽

International Treaties ◽

Right To Life ◽

Human Right ◽

Persons With Disabilities ◽

Peace And War ◽

Shed Light

The criminalization of human trafficking has passed through several stages throughout the ages, starting with Islamic Sharia and its prohibition of slavery and servitude to considering it a crime of denial in international human rights law, which in turn emphasized the imposition of punishment on it and its prevention in peace and war, because of its danger to the whole world. There are several mechanisms to prevent, suppress and combat human trafficking. Whether at the international level by international treaties and agreements or at the regional level by national laws. This study noted a legislative shortcoming in the mechanisms applied to the crime of human trafficking, especially those against persons with disabilities. Considering the crime of human trafficking is a flagrant violation of human rights, specifically the human right to life and the preservation of his dignity. For the aforementioned reasons, this legal study is conducted, in two sections, where it shed light in the first section on the general of the crime of human trafficking by explaining its concept and the pillars of the crime of human trafficking. While the second section clarify the concept of the crime of human trafficking against persons with disabilities.