The Legal Protection of Minorities from International Law and Arab Mashreq Perspectives

2020 ◽  
Vol 27 (3) ◽  
pp. 555-579
Author(s):  
Jamal Barafi ◽  
Nael Georges
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Legal Protection ◽  
Minority Rights ◽  
Objective Analysis ◽  
Religious Minorities ◽  
International Protection ◽  
Protection Of Human Rights ◽  
International Instruments

The international protection of human rights, including those of religious minorities, has mainly developed through instruments adopted under the framework of the United Nations. After clarifying the concept of minorities, this article focuses on the legal protection of minority rights, particularly of religious minorities, under international instruments. It sheds light on the participation of Arab Mashreq states in the preparation of these instruments, in terms of their position in the elaboration of the instruments, and their multiple reservations. It offers an objective analysis of the issue of religious minorities in the Arab Mashreq region, and the necessity to respect their rights fully in order to build democracy and states of citizenship.

Part II Historical and Legal Sources, Ch.13 The Protection of Minorities under the Auspices of the League of Nations

2013 ◽  
Author(s):  
Kovacs Peter
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Legal Protection ◽  
Minority Rights ◽  
League Of Nations ◽  
Protection System ◽  
Minority Protection ◽  
Protection Of Human Rights ◽  
The United Nations ◽  
Specialized Institution

This article examines the protection of minority rights under League of Nations. It explains that the League was created to be a specialized institution for minorities but the mechanism for responding to the grievances of the minorities was developed only after the Versailles peace conference in 1919–20. It discusses the main principles and structures of the League of Nations mechanism and the complaints procedure. This article also explains that the League of Nations was replaced by the United Nations in 1946 but its minority protection system was not included in the responsibilities of the new organization. It also highlights the contribution of the League to the evolution of the doctrine of the international legal protection of human rights.

scholarly journals ONE OF THE IMPORTANT ROLES OF INTERNATIONAL JUDICIAL ACT IN THE PROCESS OF MAINTAINING INTERNATIONAL PEACE AND SECURITY

2014 ◽  
Vol 8 (4) ◽  
pp. 7-12
Author(s):  
Barbu Denisa
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Peace ◽  
International Protection ◽  
Public International Law ◽  
Fundamental Freedoms ◽  
Peace And Security ◽  
Protection Of Human Rights

Through the functions it performs, the judicial act has an important role in the maintenance of international peace and security, the prevention and repression of crime, as well as of the international protection of human rights and fundamental freedoms. Even the duties of public international law coincide with these goals.

Reviving the 'Spirit of San Francisco': The Lost Proposals on Human Rights, Justice and International Law to the UN Charter

2007 ◽  
Vol 76 (2-3) ◽  
pp. 217-239 ◽  
Author(s):  
Katarina Månsson
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
San Francisco ◽  
Subject Matter ◽  
Close Analysis ◽  
Peace And Security ◽  
Protection Of Human Rights ◽  
The United Nations ◽  
Law And Justice

AbstractWhile it has been claimed that no subject matter has been referred to as frequently in the United Nations (UN) Charter as human rights, a close analysis of its traveaux préparatoires reveals that it contains but a fragment of what was actually proposed during the drafting of the Charter in 1945. This article presents and analyses these 'lost proposals', particularly those seeking strong references to human rights, international law and justice in the Charter's preamble and chapters on the purposes and principles of the UN. Presented by smaller states, they include suggestions that respect for and protection of human rights constitutes a principle of the UN and that the maintenance of peace and security is conditioned on adherence to international law. It concludes that UN peacemakers of today struggle with the same conundrum as the drafters of the UN Charter 60 ago: "What comes first, justice or peace?"

Human Rights Documentation

1981 ◽  
Vol 9 (3) ◽  
pp. 95-106
Author(s):  
Myrna S. Feliciano
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Systematic Research ◽  
International Protection ◽  
United Nations General ◽  
Protection Of Human Rights ◽  
Basic Purpose ◽  
United Nations General Assembly ◽  
The United Nations ◽  
United Nations Charter

Studies on international human rights had amorphous beginnings before 1945, which gradually evolved into an intricate but “untrodden area of systematic research.” This is largely attributed to the adoption of the United Nations Charter which sets forth the international protection of human rights as a basic purpose. The proclamation of the Universal Declaration of Human Rights by the United Nations General Assembly in December 10, 1948, provided the impetus for the development of new rules of international law defining in specific terms, individual rights and freedoms. The result is not only a substantial and rapidly developing body of law, both substantive and procedural, that has called for a systematic scholarly analysis but a bibliographic output on the subject which has reached alarming proportions to what is now being referred to as “the human rights documentation explosion.”

scholarly journals PERLINDUNGAN HAM PEKERJA MIGRAN: KAJIAN NORMATIF KEWAJIBAN INDONESIA BERDASAR PRINSIP-PRINSIP DAN NORMA-NORMA HUKUM INTERNASIONAL

2013 ◽  
Vol 2 (1) ◽  
Author(s):  
Sri Lestari Rahayu ◽  
Siti Muslimah ◽  
Sasmini ,
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Migrant Workers ◽  
Legal Argumentation ◽  
Customary International Law ◽  
Legal Principles ◽  
Protection Of Human Rights ◽  
United Nations Convention ◽  
International Conventions

<p align="center"><strong><em>A</em></strong><strong><em>b</em></strong><strong><em>s</em></strong><strong><em>t</em></strong><strong><em>r</em></strong><strong><em>a</em></strong><strong><em>c</em></strong><strong><em>t</em></strong></p><p><em>T</em><em>h</em><em>i</em><em>s research is conducted to get a legal argumentation related to responsibility of Indonesia on protection of its citizen, especially migrant workers. The question will be answered by determining the norms and principles that underlie Indonesia in protecting the human rights of its citizens. The sources of this research are international conventions, customary international law, doctrine, legal instruments in Indonesia and some of publications concerning the state responsibility to protect migrant workers. The legal sources collected by study documentation are analyzed by interpretation and content analysis. The results show that the general legal principles in which become basic of Indonesia associated with its obligation to provide protection of human rights of women migrant workers are based on the principle of nationality/citizenship of Indonesia, the principle of pacta sunt servanda, the principle of exhaustion of local remedies, the shift in meaning of the sovereignty principle and recognition principles theory of natural rights which inherent in every human being. While the norms are contained in the Migration for Employment Convention (Revised), 1949 (No. 97), the Convention on Migrant Workers (Supplementary Provisions), 1975 (No. 143), United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 1</em><em>9</em><em>9</em><em>0</em><em>.</em></p><p><strong><em>Key words: </em></strong><em>human rights, migrant workers, obligations, international law</em></p><p align="center"><strong>A</strong><strong>b</strong><strong>s</strong><strong>t</strong><strong>ra</strong><strong>k</strong></p><p>Penelitian ini dilakukan untuk memperolah gambaran yang lebih mendalam mengenai tanggung jawab Negara Indonesia dalam memberikan perlindungan terhadap hak-hak warga negaranya, khususnya pekerja migran. Penulis mencoba menjawab permasalahan tersebut dari sisi normatif yaitu dengan mendasarkan pada norma-norma dan prinsip-prinsip yang mewajibkan setiap negara termasuk Indone- sia untuk melindungi hak asasi warga negaranya. Bahan penelitian yang digunakan meliputi perjanjian- perjanjian internasional, doktrin, hukum kebiasaan internasional, peraturan perundang-undangan di Indonesia, serta beberapa publikasi yang terkait dengan kewajiban negara atas perlindungan pekerja migran. Bahan hukum yang dikumpulkan melalui studi dokumen selanjutnya dianalisis melalui interpretasi teks dan analisis isi. Hasil pembahasan menunjukkan bahwa prinsip-prinsip hukum umum yang menjadi dasar Indonesia terkait dengan kewajibannya untuk memberikan perlindungan HAM pekerja migran didasarkan pada prinsip nasionalitas, prinsip <em>pacta sunt servanda</em>, prinsip <em>exhaustion of local remedies</em>, pergeresan makna prinsip kedaulatan dan diakuinya prinsip teori hak-hak kodrati yang melekat dalam diri setiap manusia. Sedangkan norma-normanya terdapat dalam Konvensi Migrasi untuk Pekerjaan (Revisi), 1949 (No. 97), Konvensi Pekerja Migran (Ketentuan-Ketentuan Tambahan), 1975 (No. 143), <em>United Nations Convention on The Protection of The Rights of All Migran Workers and Member of Their Families </em>tahun 1990.</p><strong>Kata kunci: </strong>hak asasi manusia (HAM), pekerja migran, kewajiban, hukum internasional

Jamaica Withdraws the Right of Individual Petition under the International Covenant on Civil and Political Rights

1998 ◽  
Vol 92 (3) ◽  
pp. 563-568 ◽  
Author(s):  
Natalia Schiffrin
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Legal Protection ◽  
Political Rights ◽  
Optional Protocol ◽  
Protection Of Human Rights ◽  
Civil And Political Rights ◽  
The Right ◽  
Roll Back ◽  
Individual Petition

In October 1997, a little-noticed event took place at the United Nations that may roll back the international legal protection of human rights. Jamaica became the first country to denounce the Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), and thus withdrew the right of individual petition to the UN Human Rights Committee (Committee). Although it is provided for under the Protocol’s Article 12, no state has previously made such a denunciation.

Autointerpretation, Competence, and the Continuing Validity of Article 2(7) of the UN Charter

1977 ◽  
Vol 71 (1) ◽  
pp. 60-83 ◽  
Author(s):  
J. S. Watson
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Use Of Force ◽  
Self Determination ◽  
Fertile Ground ◽  
Protection Of Human Rights ◽  
The United Nations

With the failure of the United Nations to control the use of force by states to the degree that many had wished for, the attention of many commenators shifted to what was hoped would be more fertile ground—the protection of human rights, self-determination, and other areas in which the organization might play a supranational role. In discussing the development of the supranational aspect of the organization, attention is invariably directed to Article 2(7) of the Charter which is, of course, the current symbol of sovereignty. Since most visionaries are frustrated by the concept of sovereignty, it is not surprising that this article has received little sympathy on the part of many who are more concerned with ends than means. Yet it is doubtful whether the concept may be dismissed summarily and, since it plays such a key role in so many of the allegedly developing fields of international law, one would do well to consider how Article 2(7), properly interpreted, affects the legal assumption on which supranationalism is based.

scholarly journals Minority-Related Activities in the United Nations System in 2013

2015 ◽  
Vol 12 (1) ◽  
pp. 280-314
Author(s):  
Sally Holt ◽  
Rajiv Jebodh ◽  
Jeremie Gilbert
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Language Education ◽  
Minority Rights ◽  
Religious Minorities ◽  
Development Agenda ◽  
Roma People ◽  
United Nations System ◽  
Nations System ◽  
Year 2013

In reviewing the activities of relevant UN human rights institutions, bodies and mechanisms, this chapter identifies and examines some of the main issues that emerged regarding minority rights in the year 2013. It notably analyses how the UN has focused particular attention on the situation and the rights of religious minorities, as well as on the elaboration of the post-2015 development agenda. The article also reviews activities in other issue areas that are important for minorities, such as language, education, combatting racism, hatred and intolerance, and the prevention of genocide and mass atrocities. It highlights developments with regard to specific groups such as Roma, people living with albinism and Dalits. It also examines some of the urgent situations that have arisen from conflicts which have targeted minorities across the globe.

La dottrina internazionalistica italiana e la tutela internazionale dei diritti dell'uomo (1945-2005)

2012 ◽  
pp. 513-537
Author(s):  
Pasquale De Sena
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Issues ◽  
International Protection ◽  
Protection Of Human Rights ◽  
Methodological Approaches ◽  
The Impact ◽  
Methodological Eclecticism ◽  
Rights Issues ◽  
Made In

This paper is aimed at providing an overview of the general trends of the Italian international law scholarship concerning the international protection of human rights during the period from 1945 to 2005. The idea is advanced that human rights have been considered (with one exception) only in the framework of some general issues of international law between 1945 and 1960 (para. 2), whereas human rights issues have been managed increasingly as autonomous legal issues, starting from 1960 (para. 3). Between 1970 and 1987, Italian scholars have mainly focused on judicial or quasi-judicial aspects of the international protection of human rights; at the same time, a widespread attitude to submit human rights-oriented thesis has arisen (para. 4). Moreover, some different methodological approaches have progressively been elaborated (ibid.). These tendencies increased during the period between 1987 and 2005, due to the establishment of some human rights-journals, as well as to the large attention paid by scholars to criminal international law issues and to the impact of human rights on some traditional legal issues (para. 5). Some critical remarks are made in paragraph 6, aimed at stressing the different features of the above mentioned approaches. Furthermore it is shown that, regardless of these differences, a certain methodological eclecticism has come to prevail. It is also maintained that the Italian international law scholarship cannot be considered as "human rightist" ("Droits-de-l'-hommiste"), in spite of the said attitude to advance human rights-oriented thesis.

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