Overcoming Dilemmas of Democratisation: Protecting Civil Liberties and the Right to Democracy

2012 ◽  
Vol 81 (4) ◽  
pp. 471-506
Author(s):  
Joseph Siegle
Keyword(s):  
Human Rights ◽  
Human Development ◽  
Arab World ◽  
Civil Liberties ◽  
Democratic Institutions ◽  
Democratic Transitions ◽  
Checks And Balances ◽  
Democratic Government ◽  
The Many ◽  
The Right

The on-going global shift toward democratic government, vividly joined in recent years by the Arab World, is tempered by the many challenges of democratic transitions. The toppling of an autocratic leader does not automatically mean the rise of democracy. Elections do not guarantee the protection of civil liberties. And democratic leaders are not immune from the seductions of power and the incentives of dismantling democracy’s institutional checks and balances. The costs to a society and the international community for democratic reversals are high in terms of civil liberties, human rights, human development and political instability. Strengthening international legal instruments including mechanisms to enhance accountability for violence against journalists and proscribe the subversion of democratic institutions as a crime against democracy can help overcome these conundrums.

Confucian Perfectionism

2013 ◽  
Author(s):  
Joseph Chan
Keyword(s):  
Political Philosophy ◽  
Civil Liberties ◽  
Moral Rights ◽  
Democratic Institutions ◽  
Political Equality ◽  
Philosophical Foundations ◽  
Liberal Conception ◽  
Liberal Democratic ◽  
Conception Of The Good ◽  
The Right

Since the very beginning, Confucianism has been troubled by a serious gap between its political ideals and the reality of societal circumstances. Contemporary Confucians must develop a viable method of governance that can retain the spirit of the Confucian ideal while tackling problems arising from nonideal modern situations. The best way to meet this challenge, this book argues, is to adopt liberal democratic institutions that are shaped by the Confucian conception of the good rather than the liberal conception of the right. The book examines and reconstructs both Confucian political thought and liberal democratic institutions, blending them to form a new Confucian political philosophy. The book decouples liberal democratic institutions from their popular liberal philosophical foundations in fundamental moral rights, such as popular sovereignty, political equality, and individual sovereignty. Instead, it grounds them on Confucian principles and redefines their roles and functions, thus mixing Confucianism with liberal democratic institutions in a way that strengthens both. The book then explores the implications of this new yet traditional political philosophy for fundamental issues in modern politics, including authority, democracy, human rights, civil liberties, and social justice. The book critically reconfigures the Confucian political philosophy of the classical period for the contemporary era.

The Idea of Human Rights in Conditions of Hospital Treatment

2016 ◽  
pp. 1147-1165
Author(s):  
Bogusław Sygit ◽  
Damian Wąsik
Keyword(s):  
Human Rights ◽  
Civil Liberties ◽  
European Convention ◽  
Hospital Treatment ◽  
Political Rights ◽  
Human Rights Abuses ◽  
Cultural Rights ◽  
European Court ◽  
Definition Of ◽  
The Right

The aim of this chapter is describing of the influence of universal human rights and civil liberties on the formation of standards for hospital care. The authors present definition of the right to life and the right to health. Moreover in the section it is discussed modern standards of hospital treatment under the provisions of the International Covenant on Economic, Social and Cultural Rights: availability, accessibility, acceptability and quality. The authors discuss in detail about selected examples realization of human rights in the treatment of hospital and forms of their violation. During the presentation of these issues, the authors analyze a provisions of the International Covenant on Civil and Political Rights and European Convention on the Protection of Human Rights and Fundamental Freedoms and use a number of judgments of the European Court of Human Rights issued in matters concerning human rights abuses in the course of treatment and hospitalization.

Global Application of Intersectionality Theory

2021 ◽  
pp. 27-53
Author(s):  
Johanna Bond
Keyword(s):  
Human Rights ◽  
Partner Violence ◽  
The United States ◽  
Black Girls ◽  
Human Rights Violations ◽  
Gender Based Violence ◽  
Gender Based ◽  
The Many ◽  
Inadequate Prenatal Care ◽  
The Right

This chapter delves into examples of global intersectionality to illustrate the need for a thorough and consistent intersectional approach to human rights violations around the world. Although it is impossible to provide an exhaustive analysis of the many and varied types of intersectional human rights violations, this chapter offers multiple examples of intersectional human rights violations, including (1) gender-based violence, including both non-state actors who commit intimate partner violence and sexual violence in armed conflict; (2) maternal mortality and inadequate prenatal care in Brazil; (3) coerced sterilization among the Roma in Europe; (4) disproportionate discipline and punishment of Black girls in the United States; and (5) inconsistent LGBTQI rights. These case studies implicate different human rights, including the right to be free from violence, the right to education, and the right to the highest attainable standard of health. Each example demonstrates how a more nuanced, intersectional lens is necessary to capture the rights at stake and to contemplate appropriate remedies for victims of human rights violations in full.

7. Due Process, Liberty and Security of the Person, and the Right to a Fair Trial

2016 ◽  
Author(s):  
Steve Foster
Keyword(s):  
Human Rights ◽  
Due Process ◽  
Civil Liberties ◽  
Fair Trial ◽  
Expert Advice ◽  
Police Powers ◽  
Question And Answer ◽  
Questions And Answers ◽  
Bullet Point ◽  
The Right

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts and advice on gaining extra marks. Q&A Human Rights and Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; make your answer stand out from the crowd; and find relevant further reading. This chapter covers due process, liberty, and security of the person, and the right to a fair trial, including articles 5, 6, and 7 of the ECHR and their application to matters such as prison discipline, police powers, and the fight against terrorism.

7. Due Process, Liberty and Security of the Person, and the Right to a Fair Trial

2018 ◽  
Author(s):  
Steve Foster
Keyword(s):  
Human Rights ◽  
Due Process ◽  
Civil Liberties ◽  
Fair Trial ◽  
Expert Advice ◽  
Police Powers ◽  
Question And Answer ◽  
Questions And Answers ◽  
Bullet Point ◽  
The Right

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; make your answer stand out from the crowd. This chapter covers due process, liberty, and security of the person, and the right to a fair trial, including articles 5, 6, and 7 of the ECHR and their application to matters such as prison discipline, police powers, and the fight against terrorism.

Tibetans Wait for China's Next Move

Worldview ◽  
1980 ◽  
Vol 23 (1-2) ◽  
pp. 36-39
Author(s):  
Kesang Tseten
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Civil Liberties ◽  
Self Determination ◽  
General Assembly ◽  
The United Nations ◽  
The Right ◽  
American Civil Liberties Union ◽  
The U.S ◽  
International League

AbstractIt has been twenty years since the Tibetan uprising. Last March, Tibetans and their American supporters rallied outside the United Nations building to commemorate that uprising against Chinese troops occupying the Tibetan homeland.Roger Baldwin, founder of the American Civil Liberties Union and honorary president of the International League for Human Rights, was there calling for support of resolutions passed three times by the U.S. General Assembly, in 1959, 1961, and 1965. The U.S. called “for respect for the fundamental human rights of the Tibetan people and for their right to self-determination.” The rally, Baldwin said, was to protest the “subjection of six million people to foreign rule” and to uphold “the right to live in your own house.” The nonagenarian champion of civil liberties expressed some hope: “It may be that autonomy, semi-independence in Tibet, may be granted when China settles down into the modernization it seeks.”

Human Rights and the Arctic

2009 ◽  
Vol 1 (1) ◽  
pp. 233-243
Author(s):  
Gudmundur Alfredsson
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
The Arctic ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Independent State ◽  
The Status ◽  
Recent Developments ◽  
The Many ◽  
The Right

Abstract This article surveys some of the many international human rights law issues that come up in connection with the Arctic, such as the rights of indigenous peoples and the formulation of these rights in a draft Nordic Sami Convention. The focus, however, is on recent developments concerning the status of Greenland as a result of an agreement concluded in 2008 between the Danish and Greenlandic authorities. This agreement foresees not only a significant increase in self-government but also opens the door for the Greenlandic people to create an independent State through the exercise of the right to external self-determination as a matter of political decolonisation of an overseas colonial territory.

Birth Registration in Crisis: Exploring a Rights-Based Approach to Birth Registration through the Experience of Syrian Refugees

2019 ◽  
Vol 31 (4) ◽  
pp. 541-566
Author(s):  
Jazmine Hesham Elmolla
Keyword(s):  
Human Rights ◽  
Birth Registration ◽  
International Human Rights Law ◽  
Political Rights ◽  
Syrian Refugees ◽  
Rights Of The Child ◽  
The Many ◽  
The Right ◽  
The Relationship

Abstract The right to birth registration is protected under international human rights law. While this protection clearly confers an obligation on States to register births, it is less clear how this birth registration process should be carried out in order to ensure that individuals can realize numerous other human rights. For example, how should States register the births of children born to refugees or asylum seekers in order to give effect to the right to a nationality? The question is particularly relevant given the increasing number of people who are fleeing the many contemporary conflicts. The article investigates this question, along with the precise meaning and requirements of the right to birth registration under the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child. It argues that the birth registration frameworks established by States often fail to protect the human rights of the child. Using Syrian refugees in Lebanon as a case study, the conclusion reached is that there is an urgent need for States to adopt a rights-based approach to birth registration that reflects the relationship between birth registration and other human rights.

The Idea of Human Rights in Conditions of Hospital Treatment

2016 ◽  
pp. 236-254
Author(s):  
Bogusław Sygit ◽  
Damian Wąsik
Keyword(s):  
Human Rights ◽  
Civil Liberties ◽  
European Convention ◽  
Hospital Treatment ◽  
Political Rights ◽  
Human Rights Abuses ◽  
Cultural Rights ◽  
European Court ◽  
Definition Of ◽  
The Right

The aim of this chapter is describing of the influence of universal human rights and civil liberties on the formation of standards for hospital care. The authors present definition of the right to life and the right to health. Moreover in the section it is discussed modern standards of hospital treatment under the provisions of the International Covenant on Economic, Social and Cultural Rights: availability, accessibility, acceptability and quality. The authors discuss in detail about selected examples realization of human rights in the treatment of hospital and forms of their violation. During the presentation of these issues, the authors analyze a provisions of the International Covenant on Civil and Political Rights and European Convention on the Protection of Human Rights and Fundamental Freedoms and use a number of judgments of the European Court of Human Rights issued in matters concerning human rights abuses in the course of treatment and hospitalization.

Human Rights as a Common Concern

2001 ◽  
Vol 95 (2) ◽  
pp. 269-282 ◽  
Author(s):  
Charles R. Beitz
Keyword(s):  
International Economic ◽  
Human Rights ◽  
International Law ◽  
Political Institutions ◽  
Domestic Institutions ◽  
Democratic Institutions ◽  
Common Concern ◽  
The Right ◽  
Distinctive Role

The doctrine of human rights has come to play a distinctive role in international life. This is primarily the role of a moral touchstone-a standard of assessment and criticism for domestic institutions, a standard of aspiration for their reform, and increasingly a standard of evaluation for the policies and practices of international economic and political institutions. International practice has followed the controlling documents of international law in taking a broad view of the scope of human rights. Many political theorists argue, however, that this view is excessively broad and that genuine human rights, if they are to be regarded as a truly common concern of world society, must be construed more narrowly. I argue against that perspective and in favor of the view implicit in contemporary international practice, using the right to democratic institutions as an example.

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