The Protection of Fundamental Human Rights

Japanese Law ◽  
2021 ◽  
pp. 89-114
Author(s):  
Hiroshi Oda
Keyword(s):  
Human Rights ◽  
Civil Code ◽  
Differential Treatment ◽  
Equal Treatment ◽  
Human Rights Law ◽  
Constitutional Review ◽  
The Us ◽  
Us Constitution ◽  
Illegitimate Children ◽  
Sizeable Number

In contrast to the previous Constitution, which was modelled on the 1850 Prussian constitution, the current Constitution of 1946 was heavily influenced by the US Constitution. In general, the courts has been instrumental in developing human rights law via constitutional review, particularly since the 1970s there have been a sizeable number of cases where the court found a law to be unconstitutional. The latest case involved a provision of the Civil Code which found the differential treatment of legitimate and illegitimate children in inheritance to be against equal treatment.

Determining the Legitimacy of Laws That Use Racial/Ethnic Classifications

2017 ◽  
Author(s):  
Roger J.R. Levesque
Keyword(s):  
Empirical Evidence ◽  
Legal System ◽  
Differential Treatment ◽  
Equal Treatment ◽  
Equal Protection ◽  
Equal Opportunities ◽  
The Us ◽  
Us Constitution ◽  
The Government ◽  
Racial Ethnic

Under the US Constitution, the government must ensure that individuals receive the equal protection of laws. This mandate, however, becomes challenging in that equal protection may be different depending on the involved individuals and circumstances. This chapter examines the general parameters of how the legal system addresses claims alleging violations of rights, such as those involving differential treatment based on race. The analysis demonstrates when discrimination exists in law and, equally important, discusses what is needed to envision ways to reach societal interests relating to equal opportunities and equal treatment. The chapter concludes by noting how these legal developments influence the potential relevance and utility of empirical evidence.

Debt Crisis and Learning – Replying to Two Stimulating Reviews

2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Juan Pablo Bohoslavsky ◽  
Kunibert Raffer
Keyword(s):  
Human Rights ◽  
Sovereign Debt ◽  
Debt Crisis ◽  
Equal Treatment ◽  
Human Rights Law ◽  
Policy Space ◽  
Debt Crises

AbstractThis piece tackles Barrio Arleo and Lienau’s comments on Sovereign Debt Crises: What Have We Learned? while tries to further develop some ideas and discussions proposed in the book. This piece deals with existing alternatives to overcome debt crises, the link between sovereign policy space and the principle of creditors’ equal treatment, who the target of the book is (and should be), whether “learning is enough”, and the potential policy and legal role of human rights law in debt restructurings.

scholarly journals REPUTATION AND COMPLIANCE WITH INTERNATIONAL HUMAN RIGHTS LAW: EXPERIMENTAL EVIDENCE FROM THE US AND SOUTH KOREA

2019 ◽  
Vol 19 (2) ◽  
pp. 215-238
Author(s):  
Matthew Dale Kim
Keyword(s):  
Human Rights ◽  
South Korea ◽  
Public Support ◽  
The United States ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Us ◽  
Survey Experiments ◽  
International Human

AbstractPast studies suggest that domestic public support for compliance with international human rights law can constrain governments to comply with human rights law. But the question remains: Why does the public care about compliance? Using a series of survey experiments in South Korea and the United States, this study finds that constituents are concerned about compliance in one issue area—such as human rights—because they believe it will affect the country's reputation in other domains of international law. Cross-national survey experiments demonstrate that past noncompliance negatively affects the South Korean public's second-order beliefs about the likelihood of future compliance across different issue areas. However, past noncompliance has a limited impact on the US public's first-order beliefs across different domains.

scholarly journals Assessing U.S. Targeted Killings Under An International Human Rights Law Framework

2018 ◽  
Vol 1 (1) ◽  
pp. 19
Author(s):  
Michael Ramsden
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Decision Makers ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Domestic Legislation ◽  
The Us ◽  
International Human ◽  
Post Hoc

The US practice of targeted killings provokes difficult questions concerning the appropriate legal framework and the standards that govern such strikes. This article will argue that, in certain cases, it is necessary to examine the legality of targeted killings under international human rights law (IHRL). An explicit IHRL justification for targeted killings is important and, at present, often ignored by the US. IHRL requires any use of lethal force to be proportionate to the legitimate aim of safeguarding life and a necessary measure with no other reasonable means available to address the threat. It is possible, following a survey of human rights decision-makers, that targeted killings in exceptional circumstances are justifiable under IHRL. It is also incumbent on the US to pass domestic legislation that provides a legal basis for strikes disconnected to September 11, and also the provision of administrative and judicial review in order to provide a post-hoc check on targeted killing decisions.

scholarly journals Arguments to Apply Constitutional Guarantees in the Private Sector

Lentera Hukum ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 175
Author(s):  
Md. Toriqul Islam
Keyword(s):  
Human Rights ◽  
International Law ◽  
The United States ◽  
Public And Private ◽  
The Public ◽  
Organic Growth ◽  
The Us ◽  
Library Resources ◽  
Us Constitution ◽  
Points Of View

Constitutional guarantees are such a body of interests or basic human rights which are inevitable for each human being. These rights are principally inherent, inalienable, and universal, and therefore, irrespective of race, sex, caste, color, or religion, everyone can enjoy them. Constitutional guarantees are distinct from all other rights and privileges because of at least two unique characteristics, such as intrinsic in nature, and inalienability. These guarantees are crucial in the state-individual relations, and recognized by major laws of the civilized nations, and often enshrined in the national constitutions. For instance, the US Constitution signifies the essence of these rights through the expression of life, liberty, and the pursuit of happiness. Nonetheless, very often, many citizens across the globe are deprived of these rights on numerous pretends and grounds, and mostly, on the public-private dichotomy. This study examined contemporary legal and philosophical discourses as to whether the constitutional guarantees of human rights apply in the private sectors in Malaysia, India, and the United States. This study used doctrinal legal research methodology with a qualitative approach based on library resources. The findings of this study showed that constitutional guarantees, primarily human rights, are presumed to have been neither created nor made but originated like organic growth. Accordingly, no authority can take them away. By examining various logics from theological to socio-historical points of view and the theory of international law, this study concluded that constitutional guarantees, particularly the equal protection of the law, should apply horizontally to cover both public and private sectors. KEYWORDS: Constitutional Guarantees, Human Rights, Public-Private Sectors.

scholarly journals PENGATURAN ADVOKASI TERHADAP HAK-HAK PENYANDANG DISABILITAS TERHADAP DISKRIMINASI DI BIDANG PENEGAKAN HUKUM

2015 ◽  
Vol 4 (1) ◽  
Author(s):  
Ni Komang Sutrisni
Keyword(s):  
Human Rights ◽  
Equal Treatment ◽  
Political Rights ◽  
Human Beings ◽  
Human Rights Law ◽  
Effective Protection ◽  
Persons With Disabilities ◽  
Civil And Political Rights ◽  
The Right ◽  
Case Based

Human Rights is the rights of human beings are naturally without exception and a privilege for the group, as well as the level of a particular social group. These rights are freedom  speech with freedom from all forms of oppression that must be upheld, not only by each individual of a State that recognizes the existence and respect of Human Rights itself, but must also be guaranteed by countries without any exceptions, including persons with disabilities in dealing with legal issues.This study used normative research for examining the principles and rules of law by using the legislation approach, and case-based approach. The regulation is regarding human rights in general stipulated in the Constitution Republif of Indonesia 1945, Act 39 of 1999 on Human Rights, Law No. 4 of 1997 on Persons with Disabilities, Law 19 of 2011 on the Ratification of Convention on the Rights of persons with Disabilities, International Covenant on Civil and Political Rights (ICCPR). The right to non-discriminatory treatment as a continuation of the right to equal treatment before the law for persons with disabilities can be realized through the exercise of the right to a fair trial. All such regulations prohibit all forms of discrimination and guarantee to all persons equal and will be effective protection against discrimination on any basis.  

A North American Perspective

2019 ◽  
pp. 109-125
Author(s):  
Kenneth Watkin
Keyword(s):  
Human Rights ◽  
North American ◽  
The United States ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
American Perspective ◽  
The Us ◽  
Relationship Of ◽  
North American Perspective

The chapter provides a comprehensive analysis of the overlap of the laws of armed conflict and international human rights law from a North American perspective. It adds a regionally focused analysis of the US and Canadian approach to the relationship of IHRL and LOAC in extraterritorial, multinational operations. The chapter explains why exclusionary approaches are favoured both in Northern America and Europe. The United States and Canada apply international humanitarian law while Europe privileges human rights law. These approaches are impacted by the lack of a regional human rights tribunal exerting jurisdiction in these North American countries, their common law roots, as well as the involvement of Canada and the US militaries in expeditionary operations. However, it is evident that military forces, regardless of whether they are deployed from Europe or North America, must apply human rights law as they confront the contemporary insurgent and terrorist threats.

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