The Applicability of Human Rights Standards to International Policing

2011 ◽  
Vol 15 (1-2) ◽  
pp. 72-91 ◽  
Author(s):  
Boris Kondoch
Keyword(s):  
Human Rights ◽  
Police Officers ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
Police Reform ◽  
International Human Rights ◽  
Legal Perspective ◽  
International Human ◽  
Human Rights Standards

International policing is an area of exponential growth for the United Nations and other international organizations such as the European Union. International police officers are tasked with a wide array of responsibilities, including police reform, training, monitoring and executive policing. This raises the question how human rights standards become applicable to international policing. The international human rights law applicable to international policing can be derived from legal sources specifically related to UN and non-UN peace operations and through general human rights law. From a legal perspective, the compliance with international human rights may be regarded as the final test when assessing the success or failure of international police operations.

Lois Mémorielles in Post-Genocide Societies: The Rwandan Law on Genocide Ideology under International Human Rights Law Scrutiny

2014 ◽  
Vol 27 (2) ◽  
pp. 419-445 ◽  
Author(s):  
PIETRO SULLO
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Freedom Of Expression ◽  
European Countries ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
Human Rights Standards

AbstractThis article discusses the Rwandan Law 18/2008 on genocide ideology in the light of international human rights standards. In order to put the genocide ideology law into context, it sketches a brief overview of the post-genocide scenario. Because of the influence that provisions restricting freedom of expression aimed at fighting negationism might exert on testimonies during genocide trials, it pays particular attention to the transitional justice strategies adopted in Rwanda. Finally, it assesses the law on the genocide ideology against the background provided by the measures implemented in some European countries to deal with the phenomenon of negationism.

Equality and Non-discrimination Law in the EU

2021 ◽  
pp. 387-462
Author(s):  
Jan Wouters ◽  
Michal Ovádek
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
International Human Rights ◽  
Men And Women ◽  
Treaty Of Rome ◽  
International Human ◽  
The Right ◽  
The Eu

This chapter addresses equality and non-discrimination, which are explicitly acknowledged as foundational values in the EU context in Article 2 TEU. Similarly, the right to non-discrimination enjoys wide recognition in international human rights law. In the EU, non-discrimination had a specific role to play from the outset of European integration. Despite being founded without explicit reference to human rights, the original Treaty of Rome nonetheless prohibited discrimination on the basis of nationality (now Article 18 TFEU), as well as discrimination regarding pay between men and women (now Article 157 TFEU). Today, the scope of non-discrimination was enlarged, paving the way for Directives on racial equality and non-discrimination in the field of employment on the grounds of religion, disability, age, and sexual orientation. Moreover, the Court of Justice of the European Union (CJEU) identified the principle of equality as a general principle of EU law.

A Need for Transnational Non Bis in Idem Protection in International Human Rights Law

2005 ◽  
Vol 23 (3) ◽  
pp. 329-347 ◽  
Author(s):  
Alexander Poels
Keyword(s):  
Human Rights ◽  
Due Process ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
International Human ◽  
The Individual ◽  
Domestic Law

Although safeguards for the individual human right guarantees for protection against double jeopardy are strongly entrenched in international and domestic law as well as widely reflected in State practice, such protection is generally limited in scope and applicability to surrender or extradition procedures. Where criminal offenders face courts of a State after having been prosecuted and punished or acquitted by a court of another State, the absence of transnational non bis in idem protection constitutes a serious lacuna in international human rights law. Although legislative and judicial initiatives are being undertaken – notably under the aegis of the European Union – to remedy this lacuna, the international community must incontestably act upon this need for individuals' protection against abuses of power and breaches of due process through the amendment or complementing of the classical international human rights conventions.

Towards ever greater coherence? Human rights policies in the evolving EU

2020 ◽  
pp. 569-588
Author(s):  
Lisa Ginsborg ◽  
Graham Finlay
Keyword(s):  
Economic Policy ◽  
Human Rights ◽  
Policy Making ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
International Human Rights ◽  
Structural Coherence ◽  
International Human ◽  
The Eu

Coherence remains one of the most important challenges facing the European Union (EU) with respect to its commitment to human rights. While perfect coherence in EU human rights policy may never be possible, and is perhaps not even desirable, the normative coherence of EU human rights policy-making under international human rights law remains essential to uphold such a commitment and ultimately to avoid human rights violations by EU actors themselves. ‘Hard interests’, including security, managing migration, or economic policy, must never be used as an excuse to violate human rights, especially by the EU. The present chapter offers a number of suggestions to overcome different types of incoherence, and to promote normative, interest-based, and structural coherence in EU human rights action. Starting from this three-fold typology of incoherence, the chapter identifies different ways in which incoherence is a challenge for EU human rights policy, and offers suggestions to EU actors for opportunities to promote coherent human rights policy and best practices in this regard. Despite the EU’s complex institutional structure and web of competences, significant opportunities remain for the EU and its Member States to act coherently for human rights, both through law—in particular international and regional human rights law—and through the practice of EU actors themselves.

EU security and counter-terrorism policies and human rights

2020 ◽  
pp. 457-477
Author(s):  
Mikaela Heikkilä ◽  
Elina Pirjatanniemi
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Terrorist Attacks ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
Judicial Cooperation ◽  
International Human Rights ◽  
Counter Terrorism ◽  
International Human

Numerous terrorist attacks both within and outside the European Union (EU or the Union) have prompted the Union to increasingly act in the field of counter-terrorism. Since the adoption of the Union’s counter-terrorism strategy in 2005, the Union’s action in relation to counter-terrorism has been based on four connected pillars: to prevent, to protect, to pursue, and to respond. A general trend in the Union’s counter-terrorism action has been a move towards a pre-emptive approach, where the focus lies on countering terrorism threats in advance. The aim of this chapter is to discuss whether the adoption of these pre-emptive measures strengthen the security landscape of the Union. The chapter thus takes a closer look at how the Union strives to detect persons planning or preparing terrorist offences, and to hinder actual attacks from taking place. In particular, attention is paid to the EU’s police and judicial cooperation, general surveillance, the criminalisation of preparatory terrorist offences, and cooperation with third states and international organisations. A central objective is also to assess how the various counter-terrorism measures concur with international human rights law, including the Union’s legal framework on data protection.

scholarly journals REGULATING GENOME EDITING UNDER INTERNATIONAL HUMAN RIGHTS LAW

2020 ◽  
Vol 69 (3) ◽  
pp. 653-684
Author(s):  
Rumiana Yotova
Keyword(s):  
Human Rights ◽  
Genome Editing ◽  
New Technology ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Human Rights Standards ◽  
Protection Of Embryos

AbstractThis article offers a critical assessment of the role of international human rights law in the regulation of genome editing. Given the rapid scientific developments in the field of genetics, it is important to explore the implications of the human rights framework for the research into and the clinical application of genome editing. The broader normative question is whether the existing human rights standards are sufficient to address the challenges posed by this new technology. It will be argued that while international human rights law does not prohibit genome editing, it imposes important restrictions upon it. However, existing human rights are arguably insufficient to regulate germline genome editing as there are significant loopholes in the protection of embryos. Nor do they fully address the wide-ranging implications of the new technology for society and humankind. It will be suggested that new standards are needed, ideally set out in a new international instrument and supported by an institutional framework, which address the specific challenges posed by this new technology.

IMPLEMENTATION OF INTERNATIONAL HUMAN RIGHTS STANDARDS THROUGH THE NATIONAL COURTS IN MALAWI

2002 ◽  
Vol 46 (1) ◽  
pp. 31-42
Author(s):  
THOMAS TRIER HANSEN
Keyword(s):  
Human Rights ◽  
National Court ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
National Courts ◽  
The Supreme Court ◽  
International Human ◽  
Human Rights Standards ◽  
Municipal Level

This article discusses the application of international human rights law by the courts in Malawi. It is divided into five parts. The first part examines the constitutional position of international law at the municipal level and will focus primarily on the position under the current Constitution of Malawi. The second discusses the relevance of international human rights law before national court, with the third part then analysing the relevance of such law in the courts. The fourth part considers the reasons for the attitude of the courts to international human rights law, whilst the final part contains some concluding remarks. The case law discussed is largely that handed down by the Supreme Court and the High Court since 1994.

Human Rights Protection the ASEAN Way: Non-Intervention and the Newest Regional Human Rights System

2012 ◽  
Vol 1 (2) ◽  
pp. 276-311 ◽  
Author(s):  
Daniel Aguirre ◽  
Irene Pietropaoli
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Structural Problems ◽  
Civil Society Participation ◽  
International Human ◽  
Human Rights Standards

The Association of South East Nations (ASEAN) is a regional body working towards the integration of disparate states. The creation of a human rights mechanism, a critical part of this integration, confronts the central philosophy of ASEAN: deference to conservative notions of sovereignty and non-interference, often referred to as the ASEAN Way. This doctrine has been necessary to promote cooperation and trust between these neighbours but may prove incongruent with a human rights body that attempts to monitor and enforce international human rights law. This article looks at the challenges posed by the ASEAN way and how they developed in section 2. Section 3 follows with an examination of the ASEAN Way’s impact on the development of the regional human rights bodies. Section 4 addresses structural problems arising from the ASEAN Way: the limited human rights mandate; the lack of civil society participation; and the lack of common human rights standards among ASEAN states. Overall, this article examines the central irony that the while the ASEAN Way is necessary, it undermines the regional human rights body.

scholarly journals Human Rights Education for Lawyers: A Case Study into Universality and Its Relativism

2017 ◽  
Vol 12 (2) ◽  
Author(s):  
Liudmila Ulyashyna
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Legal Contexts ◽  
Human Rights Norms ◽  
Human Rights Standards ◽  
Implementation Status

Normative universality in the international human rights law shall be rooted into national legal contexts for its effective implementation. Human Rights training for lawyers ensures that lawyers receive appropriate education for the practical application of the principle of universality. The case study shows that learners often lack the knowledge of the peculiarities of international human rights law, which differ from the ”classical” public law notions. Human rights training curricula should include topics, which form lawyers’ understanding of international and national legal regimes in their interdependency. Concepts of ”International Human Rights Standards”, ”Implementation and de facto implementation”, ”Status and Role of Individual/Human Rights Defender” being delivered to learners increase their knowledge and awareness of the direct applicability of international human rights norms and make them effective actors of the two-way process facilitating “a cross-fertilization” between national law and international human rights standards.

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