Influence of the ICESCR in Africa

This chapter considers the influence of the International Covenant on Economic, Social and Cultural Rights in Africa. It seeks to show how the Covenant as interpreted by the UN Committee on Economic, Social and Cultural Rights has, through the fifty years since its adoption, influenced the regional and domestic protection of economic, social and cultural rights (ESCR) in Africa. The chapter begins by considering the influence of the Covenant on the regional protection of human rights in Africa, followed by an analysis of the influence of the Covenant on the protection of ESCR in the domestic legal systems of African States, focusing primarily on the constitutional protection of ESCR. It then considers the limited influence of the Covenant on national courts’ jurisprudence in African States that apply dualist and monist approaches to international treaties. The chapter ends by making recommendations to maximize the future influence of the Covenant.

Torture as a ground for inadmissibility of evidence

Economics. Finances. Law ◽

10.37634/efp.2021.4(2).6 ◽

2021 ◽

pp. 28-31

Author(s):

Maryna HRYTSENKO

Keyword(s):

Human Rights ◽

Third Parties ◽

The State ◽

Evidence Based ◽

Legal Systems ◽

Criminal Proceedings ◽

National Courts ◽

European Court ◽

Fundamental Freedoms ◽

The European Court of Human Rights, which focuses on the Convention for the Protection of Human Rights and Fundamental Freedoms, points to the importance of the prohibition of torture. The Court has formed its position based on the importance of Article 3 of the Convention and, consequently, the inadmissibility of the evidence obtained in violation of that article by the prosecution. This paper analyzes the practice of the European Court of Human Rights on the implementation of evidence-based activities in national legal systems, and in particular examines the requirements of the Court on the admissibility of evidence-based exercise and activity obtained in the course of work results. The paper demonstrates the ECHR's practice on the issue of torture in obtaining evidence and the consequences of using such a «method», its significance for the practice of national courts and the modernization of the position of courts in relation to the dynamics of this issue. As a result, problematic areas of Ukrainian legislation and justice were identified. The reasons for the use of torture by the authorities and the safeguards introduced by Ukraine to combat the use of such inhuman treatment by the authorities were identified. Changes in the opinion of the European Court of Human Rights on this issue and its significance for Ukraine are analyzed. The possibilities of application of the ECHR for evaluation of admissibility of evidence in criminal proceedings in Ukraine are examined. The patterns characterizing the legal positions of the ECHR in assessing the admissibility of evidence are discovered and singled out. Ukraine should take into account that the responsibilities of the state, in addition to refraining from the use of torture to obtain evidence, include the protection of people from these encroachments by third parties.

Public Morality as a Legitimate Aim to Limit Rights and Freedoms in the National and International Legal Order

Contemporary Central & East European Law ◽

10.37232/cceel.2019.01 ◽

2019 ◽

pp. 10-20

Author(s):

Anna Młynarska-Sobaczewska ◽

Katarzyna Kubuj ◽

Aleksandra Mężykowska

Keyword(s):

Human Rights ◽

Moral Judgments ◽

Moral Issues ◽

National Courts ◽

European Court ◽

Starting Point ◽

International Legal Order ◽

Human Rights Standards ◽

The Impact

Domestic legislation and international instruments designed for the protection of human rights provide for general clauses allowing limitations of rights and freedoms, e.g. public morals. A preliminary analysis of the case-law leads to the observation that both national courts and the European Court of Human Rights, when dealing with cases concerning sensitive moral issues, introduce varied argumentation methods allowing them to avoid making direct moral judgments and relying on the legitimate aim of protecting morality. In the article the Authors analyse selected judicial rulings in which moral issues may have played an important role. The scrutiny is done in order to identify and briefly discuss some examples of ways of argumentation used in the area under discussion by domestic and international courts. The identification of the courts’ methods of reasoning enables us in turn to make a preliminary assessment of the real role that the morality plays in the interpretation of human rights standards. It also constitutes a starting point for further consideration of the impact of ideological and cultural connotations on moral judgments, and on the establishment of a common moral standard to be applied in cases in which restriction on human rights and freedoms are considered.

Human Rights

The Oxford Handbook of Legal Studies ◽

10.1093/oxfordhb/9780199248179.013.0015 ◽

2005 ◽

Author(s):

Keith Ewing

Keyword(s):

Human Rights ◽

International Law ◽

Constitutional Law ◽

Legal Systems ◽

International Treaties ◽

Municipal Law

This article begins with a brief discussion of what human rights are. It then considers the international treaties which have emerged to protect human rights in national legal systems, focusing on aspects of the scholarship which has developed alongside the cascade of these rights from international law to constitutional law to ordinary municipal law. This is a process which has been controversial as human rights and democracy are seen by some to be mutually dependent, but by others to be engaged in an abrasive struggle for superiority on the battleground of ideas.

In the Long Run: Rights, Sovereignty, and Bombing

PMLA ◽

10.1632/s0030812900099971 ◽

2006 ◽

Vol 121 (5) ◽

pp. 1638-1642

Author(s):

Bruce Robbins

Keyword(s):

Human Rights ◽

National Sovereignty ◽

Sovereign State ◽

Cultural Rights ◽

Long Run ◽

Rights Discourse ◽

The University ◽

Human Rights Discourse ◽

University Of Connecticut

Will historians looking back a hundred years from now see the rise of human rights as an agent or reflection of the decline of national sovereignty? I take this question (asked at a recent meeting by Richard Wilson, director of the Human Rights Institute at the University of Connecticut) as an expression of worry about the effects that the decline of national sovereignty is likely to have, including effects on human rights themselves. Human rights advocates will recognize an obvious reason for this worry. Human rights are often seen, correctly but narrowly, as a key line of protection against an invasive and oppressive state. But the project of winning respect for human rights also relies heavily on the state's legal and bureaucratic powers—the power to enforce, to educate, to take positive measures, and so on. This is especially true in the domain of economic, social, and cultural rights, which require for their fulfillment that states exercise what has come to be called “due diligence.” Violence against women, for example, which has only been classified as an abuse of human rights since 1993, is often perpetrated not by states but by private individuals and groups. It can come under the protection of human rights discourse only if a sovereign state, which is held responsible for intervening to punish and prevent, is strong enough to do so. Weaken national sovereignty, and you may subvert the cause of women's rights.

25. International Human Rights Law

International Law ◽

10.1093/he/9780198791836.003.0025 ◽

2018 ◽

Author(s):

Nigel Rodley

Keyword(s):

Human Rights ◽

International Human Rights Law ◽

Political Rights ◽

Political Factors ◽

International Protection ◽

Human Rights Protection ◽

Cultural Rights ◽

Rights Protection ◽

Human Rights Treaties ◽

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.

Does Self-isolation Violate the Right to Liberty? An Analysis of the European Court of Human Rights’ Practice in Light of the Ukrainian Experience

European Journal of Health Law ◽

10.1163/15718093-bja10024 ◽

2020 ◽

Vol 27 (4) ◽

pp. 368-385

Author(s):

Yana Litins’ka ◽

Oleksandra Karpenko

Keyword(s):

Human Rights ◽

Stress Test ◽

European Convention ◽

Legal Systems ◽

Human Rights Practice ◽

Rapid Action ◽

European Court ◽

Fundamental Freedoms ◽

The Right

Abstract COVID-19 became a stress-test for many legal systems because it required that a balance be found between rapid action to prevent the spread of the disease, and continued respect for human rights. Many states in Europe, including Ukraine, chose to enforce an obligation to self-isolate. In this article we review what the obligation to self-isolate entails in the case of Ukraine. We also analyse whether such an obligation should be viewed as a deprivation or a mere restriction of liberty, and if it is permissible under the European Convention for the Protection of Human Rights and Fundamental Freedoms.

commonwealth-constitutional-protection-of-human-rights-the-perspective-of-british-overseas-territories-bot-orbots

Human Rights Documents online ◽

10.1163/2210-7975_hrd-0560-0192 ◽

2016 ◽

Keyword(s):

Human Rights ◽

Constitutional Protection ◽

Overseas Territories

report-of-a-conference-on-the-constitutional-protection-of-human-rights-held-at-the-faculty-of-law-university-of-toronto-dec-5-1980-15-pp

Human Rights Documents online ◽

10.1163/2210-7975_hrd-1200-0014 ◽

2016 ◽

Keyword(s):

Human Rights ◽

Constitutional Protection ◽

University Of Toronto ◽

The Protection of Human Rights by the Organization of American States

The American Journal of International Law ◽

10.2307/2197015 ◽

1968 ◽

Vol 62 (4) ◽

pp. 889-908 ◽

Cited By ~ 3

Author(s):

José A. Cabranes

Keyword(s):

Human Rights ◽

San Francisco ◽

General Assembly ◽

Political Rights ◽

Bill Of Rights ◽

Cultural Rights ◽

Optional Protocol ◽

American States ◽

Civil And Political Rights

On December 16, 1966, the General Assembly approved three agreements designed to establish a global system of enforceable treaty obligations with respect to fundamental human rights. These agreements are the second part of the “international bill of rights” proposed at the San Francisco Conference. Eighteen years separated the adoption of these agreements—the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, and the Optional Protocol to the International Covenant on Civil and Political Rights—and the approval in 1948 of the first part of the projected United Nations program for the protection of human rights, the non-binding Universal declaration of Human Rights.

Privileges and Immunities of the World Health Organization

International Organizations Law Review ◽

10.1163/15723747-01002007 ◽

2014 ◽

Vol 10 (2) ◽

pp. 349-372

Author(s):

Gian Luca Burci ◽

Egle Granziera

Keyword(s):

Human Rights ◽

International Organizations ◽

Legal Protection ◽

Added Value ◽

World Health ◽

National Courts ◽

The World ◽

Democratic Control ◽

Health Organization

This paper presents a brief overview of the World Health Organization’s experience with privileges and immunities, focusing on the sources of its privileges and immunities and the challenges encountered in asserting them and securing their respect. This overview will demonstrate how complex and sometimes elusive the legal protection afforded to the WHO can be. Although the rationale for the WHO’s privileges and immunities is constitutionally founded on the notion of functional necessity,1 the scope and limits of its functions can be blurred or shifting. While the WHO has not faced the dramatic challenges to or denials of its privileges and immunities that other organizations have encountered, the trend of progressive erosion of legal protection in the name of accountability, democratic control by national courts, the protection of human rights and shifting perceptions of the ‘added value’ of international organizations may eventually require a conscious and strategic revision by the international community of the model of international cooperation represented by international organizations.