scholarly journals Vulnerability and the Best Interests of the Child in Tobacco Control

2021 ◽  
Vol 29 (3) ◽  
pp. 589-608
Author(s):  
Marie Elske C. Gispen
Keyword(s):  
Human Rights ◽  
Child Health ◽  
Tobacco Control ◽  
Health Inequalities ◽  
Scale Up ◽  
Best Interests ◽  
Human Rights Law ◽  
Rights Protection ◽  
Control Research ◽  
Related Harm

Abstract The vulnerability of individuals is often used as a springboard to call upon additional rights protection or to scale up interventions. This is also the case in child health and tobacco control research. While human rights law is generally a strong mechanism to support such calls, critics like Martha Fineman question specific understandings of vulnerability within human rights law. Against this backdrop, the article analyses the usefulness of relying on vulnerability in human rights law to argue for better rights protection. The article concludes that Article 3 crc – reflecting the best interests of the child norm – seems a suitable “solution” to Fineman’s critique on the notion of vulnerability in human rights law. Finally, the universal and particular vulnerabilities of children in relation to tobacco-related harm can be a springboard into rights protection but are not the principle legal source that require governments to break down structural health inequalities.

The Fallacy of Effective Human Rights Protection under Relevant Treaty Law when Armed Groups Commit Violations

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Armed Groups ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Treaties ◽  
International Human

Chapter 5 adds to the contemporary discourse on human rights obligations of non-state armed groups by showing that in many situations, there is a clear legal need for these obligations. This chapter first engages in the debate on whether and to what extent certain human rights treaties address armed groups directly. Second, it shows that under the law of state responsibility, states are generally not responsible for human rights violations committed by non-state entities. Third, it recalls that under international human rights law, states have an obligation to protect human rights against violations committed by armed groups. However, it argues that because this cannot be a strict obligation but is one that depends on states’ capacities and the particular circumstances, often this framework cannot adequately protect individuals against human rights violations by armed groups. The result is a legal and practical need for human rights obligations of non-state armed groups.

scholarly journals Breastfeeding in Refugee Camps: A Child and Maternal Right?

2021 ◽  
Author(s):  
Aleisha Ebrahimi
Keyword(s):  
Human Rights ◽  
Best Interests ◽  
Refugee Camps ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
Formula Milk ◽  
International Human ◽  
Milk Marketing

Abstract In recognition of the health benefits breastfeeding offers for both mother and child, breastfeeding has been acknowledged in various International Human Rights Law instruments. Furthermore, against the backdrop of aggressive formula milk marketing campaigns, significant soft law provisions contained within the International Code of Marketing of Breast-milk Substitutes 1981 regulate and control the promotion of breastmilk substitutes. Refugee camps, however, remain aligned with pre-code practice, as formula milk is often one of the first donations to arrive in camps. Mothers, who are still affected by historical formula marketing campaigns, receive formula milk and perceive its availability and distribution as an endorsement over breastfeeding. In this article, International Human Rights Law is analysed, within the framework of the principle of the best interests of the child, to determine if the choice to breastfeed should be protected as a human right and how the indiscriminate supply of formula milk interacts with this choice in refugee camps.

Framing the Boundaries of European Human Rights Law

Global Jurist ◽  
2013 ◽  
Vol 13 (2-3) ◽  
Author(s):  
Can Öztaş
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Court System ◽  
Human Rights Law ◽  
Human Rights Protection ◽  
Rights Protection

AbstractEuropean human rights protection, ensured by the European Convention and Court of Human Rights, is declared to be universal and inclusive, protecting not only citizens of Europe but also anybody residing within the jurisdiction of the signatory countries. This article challenges this declaration and argues, with the help of some examples from the case law, that European human rights protection is based on the defined concepts of European-ness that exclude the perceived non-European within the Convention and the Court system.

Using Human Rights Law to Progress Alcohol Control

2020 ◽  
pp. 1-16 ◽  
Author(s):  
Clare SLATTERY
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Tobacco Control ◽  
Global Governance ◽  
Health Concern ◽  
Human Rights Law ◽  
Public Health Concern ◽  
Alcohol Control ◽  
Relative Success ◽  
The Relationship

Alcohol control has long been recognised as a public health concern. Recent years have also seen increased recognition of the relationship between alcohol control and the human rights agenda. However, fragmentation exists in key global governance instruments over the role alcohol control plays as a human rights priority. The relative success of tobacco control illustrates how utilisation of agendas beyond public health can mobilise action.

scholarly journals Breaking New Ground In Human Rights Protection: Proposing An Inverted Triangular Approach Through Group-Based Enforcement In South East Asia

2017 ◽  
Vol 1 (1) ◽  
pp. 16
Author(s):  
Shahrul Mizan Ismail
Keyword(s):  
Human Rights ◽  
Cultural Values ◽  
Local Governance ◽  
South East Asia ◽  
Human Rights Law ◽  
Local Modes ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Efficient Alternative ◽  
Domestic Level

The present problem of human rights enforcement reflects the old dilemma between centralism at the international level and local governance at the domestic level. Centralist solutions carry the expectation of a more homogeneous, effective and uniform method of operation. But this so-called‘universal’enforcement model is often seen as being too weak and incoherent for effective actions.Although the alleged universal character of the enforcement of human rights may portray an impressive international regime, local modes of problem solving are in reality more efficient since they are based on a better understanding of the specific circumstances and take into account of local peculiarities, cultural values and other similar factors. The latter is the missing elements in the overall international human rights enterprise. The rapid promotion and education of the global community on the concept of human rights has opened many wider possibilities for group based enforcement to be an efficient alternative. Reinforcing the same line of argumentation, this paper proposes an inverted model of enforcement whereby iinternational human rights law could act as the general framework that establishes generally agreed prin­ciples and norms that transcend strict national concerns, while group based mechanisms will work on enforcing those norms in their specific manifestations within the respective groups.

scholarly journals HOW CAN THE HUMAN RIGHTS LEGAL FRAMEWORK ADDRESS THE VIOLATION OF HUMAN RIGHTS EXTRATERRITORIALLY?

2021 ◽  
pp. 55-59
Author(s):  
M. Lazarenko ◽  
I. Chernohorenko
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Legal Framework ◽  
Effective Control ◽  
Human Rights Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Domestic Courts ◽  
European Regional ◽  
Inter State

The armed conflict in Ukraine has been ongoing since 2014. As to date, the total number of recorded deaths has exceeded ten thousands civilians and combatants. Every day, i.e. during the present research, this number has been increasing. As outlined above, the European regional system of human rights protection, epitomised by the ECtHR, addresses this challenge within two interrelated tracks: individual and inter-State applications. The research focuses on landmark decisions of international, regional, and domestic courts in terms of human rights extraterritorially by way of establishing human rights duty-bearer jurisdiction outside states’ boundaries based on effective control test. It scrutinizes the jurisprudence of the ECtHR in terms of inconsistency between Bankovic and Aj-Jedda cases. In turn, the paper aims to model extraterritorial application of human rights law in Ukraine v. Russia inter-State applications (re Crimea and re Eastern Ukraine) based on Loizidou precedent as well as describes new forms of Russia’s violations of human rights in Crimea.

Exemptions, Qualifications, Derogations, and Excuses in International Human Rights Law

2020 ◽  
pp. 305-327
Author(s):  
Kimberley Trapp
Keyword(s):  
Human Rights ◽  
Broad Spectrum ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Rights Protection ◽  
International Human ◽  
The Right

There is a broad spectrum of permissible qualifications to human rights in the interests of achieving a legitimate aim, and this chapter outlines a typology of qualifications and the interactions between them. This chapter argues that there is nothing inherent in the form relevant qualifications take—they may take the form of exemptions from the scope of the right, exceptions to the rights protection, or a temporally limited suspension of the obligation to respect the right or the secondary obligations which flow from responsibility for a breach. Indeed, the different qualifications overlap and the structure of analysis in respect of each can be relied on to inform the others’ application on the basis of principles of systemic interpretation. While the same legitimate aim can be addressed in the human rights calculus bearing on these qualifications, the key difference lies in the nature of judicial engagement with rights protection.

9. International human rights law

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
Primary Sources ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Treaties ◽  
Protection Of Human Rights ◽  
Enforcement Mechanisms ◽  
Second World

This chapter discusses the system of human rights protection that has emerged since the end of the Second World War. It begins in Section 9.2 with the primary sources of human rights law before Section 9.3 discusses the different categories of human rights. Section 9.4 discusses the obligation on states to offer protection to individuals from the acts of other private individuals. Section 9.5 provides an overview of the enforcement mechanisms in the UN and Section 9.6 focuses on the regional protection of human rights. Section 9.7 discusses the territorial scope of human rights treaties and Section 9.8 concerns the application of human rights in times of public emergency.

Part VII Assessments, Ch.37 Compliance

2013 ◽  
Author(s):  
Gori Gisella
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Conceptual Tool ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Mechanisms ◽  
International Human

This article examines the compliance of States with international human rights law. It explains the distinction between judicial and non-judicial compliance mechanisms, focusing on the United Nations (UN) in the context of non-judicial mechanisms and the Council of Europe and the Organization of American States (OAS) in the context of judicial mechanisms. It highlights the central role of the principle of subsidiarity in all international mechanisms for human rights protection and explains that this principle provides a conceptual tool for understanding the relation between the role of states in human rights protection and the role of the international human rights protection mechanisms that states create at the global and regional levels.

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