Human Rights, Global Justice, and the Limits of Law

2019 ◽  
pp. 69-80
Author(s):  
Kate Nash
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Global Justice ◽  
The Political ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Sociological Perspective ◽  
International Human Rights ◽  
National Human ◽  
International Human

Although international human rights law is globalizing, it has inherent limits due to the fundamental paradox through which it is being institutionalized: humans have rights as such, but citizens must give themselves the law. Moreover, sociologically, respect for human rights in practice depends on how states are structured and on the political projects of officials who act ‘in the name of the state’. It depends on material and moral resources—economic, military, legitimacy, and authority—organized across nominal divisions between state and civil society and across state borders. From a sociological perspective, the author argues that human rights are necessarily political, and that the entanglement of the ‘international’ and the ‘national’, ‘human’ and ‘citizen’, is unavoidable for the progressive construction of human rights.

Conclusion

2020 ◽  
pp. 210-216
Author(s):  
Lea Raible
Keyword(s):  
Human Rights ◽  
Global Justice ◽  
Political Power ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Narrow View ◽  
Wide Range ◽  
International Human

The conclusion revisits the central tenets and strands of the argument: how to understand interpretation, why jurisdiction is necessary, and how to account for it in international human rights law, how to relate it to territory, and how to apply jurisdiction as political power to a wide range of cases. It futher connects the theory of extraterritoriality developed in the previous chapters to wider considerations and takes stock of which questions have been answered and which questions remain. Finally, we consider why a narrow view of human rights might be our best option if we want to advance claims of global justice.

4. Human Rights in International Law

2016 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Customary International Law ◽  
Legal Context ◽  
National Human ◽  
International Human ◽  
United Nations System

This chapter examines the international legal context of human rights. It first considers the historical evolution of international human rights law, with particular emphasis on the reincarnation of philosophical ideals as international laws (treaties), before discussing the principal sources of international human rights law such as customary international law and ‘soft’ law. It then describes the various forms of expressing human rights, along with the core international human rights instruments. It also explores the mechanisms for monitoring and enforcing human rights, including the United Nations system, regional human rights systems, and national human rights systems. Finally, it explains the process followed for a state wishing to be bound to the provisions of a treaty and the benefits of listing human rights in treaties.

Hate-speech laws: consistency with national and international human rights law

Legal Studies ◽  
1998 ◽  
Vol 18 (4) ◽  
pp. 453-485 ◽  
Author(s):  
Dominic McGoldrick ◽  
Thérèse O'Donnell
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Political Agenda ◽  
The Political ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Anti Semitism ◽  
International Human

Racism has climbed the political agenda at national, European and international levels. Reports from national and international non-governmental organisations (NGO’s) and inter-governmental organisations have focused considerable attention on racism and xenophobia and document an increase in racism, xenophobia, anti-Semitism and race-related activities. As racism has climbed the political agendas, so there has been a substantial increase in the number of national, European and international legal instruments devoted to it. In particular, race-related restrictions on freedom of expression (‘hate-speech’) are increasing and seem likely to continue to do so. Such restrictions give rise to controversy in terms of constitutionality, legal policy and consistency with European and international human rights law. There are also differences of views between the policies of NGO's on restrictions on racist speech.

Part II Subsidiary Human Rights Organs, 5 The Human Rights Council

2020 ◽  
Author(s):  
Freedman Rosa
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
General Assembly ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Human Rights Council ◽  
International Human ◽  
High Degree

This chapter focuses on the Human Rights Council. As the principal UN human rights body, the Council is arguably the lynchpin of the UN human rights machinery, bringing together states, independent experts, UN staff, and civil society actors, as well as reporting to the full UN membership via the General Assembly. The Human Rights Council is also quite a unique body, combining the most intensely political elements, a high degree of reliance on expertise, and in situ human rights investigations in order to fulfil its duties to protect, to promote, and to develop international human rights law. Many of the criticisms of the Council fail to take into account the ways in which it is hampered by its mandate, powers, and mechanisms. The chapter then considers the Council’s creation, its mandate and functions, and details the body’s strengths and weaknesses.

Universal Rights versus Sharia? Reflections on the Moral and Legal Dimensions of Human Rights Law and Sharia

2013 ◽  
Vol 8 (2) ◽  
pp. 139-161
Author(s):  
Elena Namli
Keyword(s):  
Human Rights ◽  
The Political ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Positive Law ◽  
The Social ◽  
Liberal Ideology ◽  
International Human ◽  
Effective Development

Abstract This article develops a critique of the monopoly of liberal ideology in the field of human rights by considering how law, morality and politics are related to each other. The author argues that the constructive potential of international human rights law does not lie in its being understood and practiced as a positive law. On the contrary, to focus on human rights law as positive law is to conceal the political nature of human rights and to prevent effective development of its moral and political potential. Further, the author considers the case of Sharia law and argues that Sharia, for it to be implemented concretely in the social, political, and legal spheres, must be understood as a moral and religious ‘way’. These interpretations of human rights law and Sharia are used as the basis for a critique of the idea that human rights law and Sharia contradict each other.

Sign in / Sign up

Export Citation Format

Share Document