Feeling the Pressure

2021 ◽  
pp. 316-341
Author(s):  
Richard Martin
Keyword(s):  
Human Rights ◽  
The Other ◽  
Street Level ◽  
Street Level Bureaucrats ◽  
The One ◽  
The Right ◽  
Police Functions

Similar to the street-level bureaucrats in Lipsky’s classic study, the custody officers met in the course of fieldwork for this study were faced with a dilemma emergent from competing occupational demands and police functions. On the one hand, they were conscious of their statutory duties under PACE to act as guardians of suspects’ rights, and that the routine practices of their fellow officers could undermine the right to liberty. On the other, they were confronted with considerable organizational pressure to process arrests in custody and, in doing so, help their over-worked frontline colleagues who tirelessly bounced from one response call to another. This chapter aims to answer the question emerging from the last chapter: how did custody officers respond to the pressure they faced to authorize the detention of suspects, especially where the arrest seemed to be on dubious grounds? Did they succumb to workplace demands and authorize detention, or did they feel able to push back and challenge arresting officers and their supervisors? By the end of this chapter, the reader will come to understand how and, more importantly, why, the former attitude prevailed and what this tells us about custody officers as human rights practitioners.

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.

EFFECTIVE LIMITATIONS AND ILLUSORY RIGHTS: A COMMENT ON THE MOTHERS OF SREBRENICA DECISION OF THE EUROPEAN COURT OF HUMAN RIGHTS

2014 ◽  
Vol 23 (1) ◽  
pp. 269-286 ◽  
Author(s):  
Valentina Spiga
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
Critical Review ◽  
The Other ◽  
Access To Justice ◽  
European Court ◽  
Alternative Means ◽  
The One ◽  
The Right ◽  
Right Of Access

The latest attempt by the relatives of the victims of the Srebrenica massacre to hold the UN accountable for the inaction of UNPROFOR while the Bosnian enclave was attacked has once again proven unsuccessful. In a unanimous decision in the Stichting Mothers of Srebrenica and others v. the Netherlands case, the European Court of Human Rights declared the application to be ill-founded, finding that the decision of Dutch courts to grant immunity to the UN did not violate the applicants’ right of access to a court. An intrinsic tension between two contemporary trends seems to be embodied in this recent decision. On the one hand the decision follows established and authoritative practice according to which a civil claim cannot override immunity from jurisdiction even though no alternative means of redress is available. On the other hand it conflicts with the growing emphasis placed on the right of access to justice and the right to remedy for victims of gross violations of human rights in the last decade. This note aims to provide a critical review of the decision, focusing on the “alternative means of remedy” test in cases involving the immunity of international organizations. In doing so, the note questions whether such a test must always be a prerequisite for the effective enjoyment of the right of access to a court.

The Right against Interference: Human Rights and Legitimate Authority

2013 ◽  
Vol 7 (1) ◽  
pp. 25-46 ◽  
Author(s):  
Daniel Viehoff
Keyword(s):  
Human Rights ◽  
The State ◽  
The Other ◽  
Human Rights Violations ◽  
Legitimate Authority ◽  
Human Rights Practice ◽  
Internal Affairs ◽  
The One ◽  
The Right

Abstract Among the functions of state borders is to delineate a domain within which outsiders may normally not interfere. But the human rights practice that has sprung up in recent decades has imposed significant limits on a state’s right against interference. This article considers the connection between human rights on the one hand and justified interference in the internal affairs of states on the other. States, this article argues, have a right against interference if and because they serve their subjects. Interference by outsiders threatens to set back their capacity to serve and thus ultimately harms those over whom the state exercises power. Human rights, in turn, circumscribe the outer limits of what any state can do while plausibly claiming to be serving its subjects. On this view, human rights are distinguished from other rights because they function as cancelling conditions on the state’s right against outside interference: while interfering in the internal affairs of a state normally wrongs that state, interfering where the state fails to respect human rights does not. Contrary to what is often thought, human rights violations do not justify outside interference. They merely make a state liable to such interference. The further considerations that must enter into an all things considered judgment in favor of interference are irrelevant for determining what human rights we have.

The Nature of Social Human Rights Treaties and Standard-Setting WTO Treaties: A Question of Hierarchy?

2007 ◽  
Vol 76 (4) ◽  
pp. 435-464 ◽  
Author(s):  
Hans Morten Haugen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Standard Setting ◽  
The Other ◽  
Adequate Food ◽  
Human Rights Treaties ◽  
The One ◽  
Jus Cogens ◽  
The Right ◽  
Fragmentation Of International Law

AbstractSocial human rights are not held to belong to the category of jus cogens norms. At the same time these human rights protect vital matters, such as the right to adequate food, which obviously has a relationship to the right to life. On the other hand, the annexes to the World Trade Organization (WTO) Agreement, which are binding on all WTO member States, has implied a shift from the old General Agreement on Trade and Tariffs (GATT) to the WTO, from pure contractual treaties to more standard-setting treaties. The article seeks to analyse if the obligations erga omnes and the concept of 'multilateral obligations' are applicable to distinguish between human rights treaties on the one hand and WTO agreements on the other. The background of the analysis is also the work of the International Law Commission (ILC) Study Group on fragmentation of international law, finalised in 2006. The article finds that there is still uncertainty regarding the exact meaning of the term 'multilateral obligations'. Hence, other concepts such as 'absolute obligations' might be preferred in order to characterise human rights treaties, and hence implicitly acknowledge that treaties that protect vital matters may prevail over other treaties, based on the interests which are to be protected.

scholarly journals Third Party Rights in Authorization by Ratification at the PICC, PECL and Iranian Law

2016 ◽  
Vol 9 (6) ◽  
pp. 137
Author(s):  
Ahmed Heidari ◽  
Seyed Hekmatollah Askari
Keyword(s):  
Human Rights ◽  
The Other ◽  
Third Party ◽  
The Third ◽  
Iranian Law ◽  
Legal Restrictions ◽  
The One ◽  
The Right ◽  
Domestic Law

Agency refers to a contract whereby a person selects another one to do his affairs. It is obvious that agency can be fulfilled in different ways, including explicit authorization and authorization by ratification. Authorization by ratification is ineffective for some contracts and it faces challenges in practice, because it follows the fulfillment of two rights, one the principal’s right for ratification, and the other the third-party’s right to be free from the obligations of an ineffective contract. This article has dealt with the positions of two important International Instrument of Human Rights as well as that of Iran’s domestic law regarding the scope of the use of ratification right by the principal and the owner of the authority right on the one hand and the rights of a third party on the other. It seeks to answer the question whether the principal has the right of ratification in any way, or has some legal restrictions? And if there are some limits to the principal’s right and access to such uncertainties can lead to further compatibility of Iranian law with International Instrument of Human Rights, based on which principles and rules can one establish a relative balance between the parties?

Rectitude Rights and Legitimacy: Reassessing and Reforming the Privilege against Self-Incrimination in English Law

1997 ◽  
Vol 31 (1-3) ◽  
pp. 24-73
Author(s):  
Ian H. Dennis
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
The Other ◽  
European Convention ◽  
European Court ◽  
Formal Restriction ◽  
Critical Phase ◽  
English Law ◽  
The One ◽  
The Right

The privilege against self-incrimination has always attracted controversy. Legal historians continue to disagree over its origins, and its justification has been keenly debated ever since Bentham's famous attack on it as a misguided concession to the guilty. This debate has recently entered a new and critical phase as the result of diametrically opposed developments by, on the one hand, the courts and legislature in England and, on the other, by the institutions of the European Convention of Human Rights. These developments can be summarised by saying that whereas the trend in England has been towards attrition and formal restriction of the privilege, the European Court of Human Rights has been reconstituting the privilege as an implicit element of the right to a fair trial under article 6.1 of the European Convention. The European decisions have the potential for significant expansion of the privilege, and they call into question the validity of several of the English developments.

Community Interests and the Right to Health in Trade and Investment Law

2018 ◽  
Author(s):  
Tania Voon ◽  
Andrew Mitchell
Keyword(s):  
International Economic ◽  
Human Rights ◽  
Right To Health ◽  
The Other ◽  
Economic Law ◽  
International Economic Law ◽  
Investment Law ◽  
The One ◽  
The Right ◽  
Trade And Investment

The authors examine the interaction between international trade and investment law on the one hand and the right to health as a human right on the other. They argue that international economic law has the potential to make a profound impact on the realization of the right to health. Yet the relationship between international economic law, on the one hand, and international human rights law and the right to health, on the other, is rarely acknowledged explicitly in the primary sources of trade and investment law. The chapter considers the U.N. treatment of this relationship as well as the right to health and human rights in WTO agreements, preferential trade agreements, bilateral investment treaties, and international disputes. Using tobacco control as a case study, the chapter concludes that international economic law has the capacity to balance health interests, such that the objectives of health, trade, and investment can be aligned.

scholarly journals Theoretical and practical aspects regarding solving civil cases in an optimal and predictable time

2019 ◽  
pp. 11-19
Author(s):  
MĂDĂLINA DINU
Keyword(s):  
Human Rights ◽  
Time Frame ◽  
Fair Trial ◽  
The Other ◽  
Political Rights ◽  
Constitutional Level ◽  
Procedure Code ◽  
Civil And Political Rights ◽  
The One ◽  
The Right

The existence of a fair trial implies the granting of guarantees to the litigant in order to ensure compliance with the principle enshrined, first and foremost, at the constitutional level, but also in the Civil Procedure Code, in the Universal Declaration of Human Rights, the International Covenant on civil and political rights. The fair trial involves, on the one hand, the right of the litigant to a (independent and impartial) court, and on the other hand, the resolution of the case in an optimal and predictable time. In order to respect the optimal and predictable time frame for solving a civil case, the legislator has established a series of obligations, terms and penalties in case of non-compliance by the participants in the trial, but also by the court invested in solving the case.

Óscar Romero and the Politics of Sainthood

2011 ◽  
Vol 5 (3) ◽  
pp. 265-291
Author(s):  
Manuel A. Vasquez ◽  
Anna L. Peterson
Keyword(s):  
Human Rights ◽  
Civil War ◽  
El Salvador ◽  
The Other ◽  
Post Colonial ◽  
Holy See ◽  
The Poor ◽  
The Face ◽  
Crisis Of Modernity ◽  
The One

In this article, we explore the debates surrounding the proposed canonization of Archbishop Oscar Romero, an outspoken defender of human rights and the poor during the civil war in El Salvador, who was assassinated in March 1980 by paramilitary death squads while saying Mass. More specifically, we examine the tension between, on the one hand, local and popular understandings of Romero’s life and legacy and, on the other hand, transnational and institutional interpretations. We argue that the reluctance of the Vatican to advance Romero’s canonization process has to do with the need to domesticate and “privatize” his image. This depoliticization of Romero’s work and teachings is a part of a larger agenda of neo-Romanization, an attempt by the Holy See to redeploy a post-colonial and transnational Catholic regime in the face of the crisis of modernity and the advent of postmodern relativism. This redeployment is based on the control of local religious expressions, particularly those that advocate for a more participatory church, which have proliferated with contemporary globalization

Challenges of Media Education Standards in Georgia

2017 ◽  
Vol 2 (2) ◽  
Author(s):  
Marine Vekua
Keyword(s):  
Working Conditions ◽  
Teaching Methods ◽  
International Standards ◽  
The Other ◽  
Historical Background ◽  
Journalism Education ◽  
Education Standards ◽  
Modern Media ◽  
The One ◽  
The Right

The main goal of this research is to determine whether the journalism education of the leading media schools inGeorgia is adequate to modern media market’s demands and challenges. The right answer to this main questionwas found after analyzing Georgian media market’s demands, on the one hand, and, on the other hand, differentaspects of journalism education in Georgia: the historical background, development trends, evaluation ofeducational programs and curricula designs, reflection of international standards in teaching methods, studyingand working conditions.

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