Promoting International Human Rights Values Through Reflective Practice in Clinical Legal Education: A Perspective From England and Wales

Author(s):  
Irene Antonopoulos ◽  
Omar Madhloom
Youth Justice ◽  
2021 ◽  
pp. 147322542110305
Author(s):  
Vicky Kemp ◽  
Dawn Watkins

While studies have explored adult suspects’ understanding of their legal rights, seldom are the experiences of children and young people taken into account. In this article, we discuss findings arising out of research interviews conducted with 61 children and young people; many of whom have experience of being suspects. From listening to their points-of-view, we find that children and young people fundamentally lack understanding of the rights of suspects, and especially the inalienable nature of those rights. We argue this is not surprising when children are being dealt with in an adult-centred punitive system of justice, which is contrary to international human rights standards.


2014 ◽  
Vol 19 ◽  
pp. 295 ◽  
Author(s):  
Kris Gledhill

<p>Whilst clinical programmes are an established and core feature of legal education in the USA, and play a significant role in various other jurisdictions, they are essentially absent from New Zealand. The existence of a marked difference is itself a reason to investigate whether experiential learning should have a place in the curriculum of New Zealand’s law schools. This is done by examining briefly the growth of clinical legal education in order to illuminate its purpose; and then considering whether structural differences mean that this does not resonate as much in New Zealand. It is suggested that there are indeed some reasons for caution, in particular that there is a concern around having a two-tier system of legal provision. But it is also suggested that an international human rights clinic could surmount these reasons for caution; and a prospective design for such a programme is developed and its ability to secure the needs of students and clients is assessed.</p>


2016 ◽  
Vol 16 (2) ◽  
pp. 87-98
Author(s):  
Petr Kilian ◽  
Ivo Pospíšil ◽  
Hubert Smekal

Summary The paper presents novel data on international human rights in the Czech legal education. The importance of international human rights treaties and case-law of human rights bodies in the domestic practice gradually increases, therefore the students of Czech law schools should be familiar with the grounds of the sub-discipline, especially with the interpretative techniques used by international human rights bodies. The paper categorizes the approaches which the Czech law faculties employ as regards educating students in international human rights field and evaluates advantages and disadvantages of the approaches implemented by individual law schools. Finally, the paper identifies weak spots in Czech legal curricula and proposes some ideas for improvement.


2013 ◽  
Vol 15 (3) ◽  
pp. 293-315 ◽  
Author(s):  
Jessie Brechin

The use of Islamic norms in the determination of arbitration in England and Wales has become a source of great controversy. Concerns are raised for the human rights of vulnerable parties who may be pressured into arbitrations and who may not be treated fairly under the agreed rules of arbitration or by arbitrators themselves. The Arbitration Act 1996 limits the ability to appeal arbitration decisions and as such does not safeguard the rights of these parties. As a signatory to the European Convention on Human Rights the UK is under an obligation to uphold human rights standards domestically, and it is argued that the way in which arbitration on religious norms is currently regulated does not comply with this obligation. This article considers some of the possible adaptations or alterations that could rectify the situation, improving parties' experience of religious arbitration and ensuring that the system remains compatible with international human rights obligations.


Author(s):  
Uliana Kuzenko

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.


Sign in / Sign up

Export Citation Format

Share Document