scholarly journals Beyond the rhetoric of international human rights standards in the struggle to decriminalise homosexual conduct in Uganda

Afrika Focus ◽  
2017 ◽  
Vol 30 (1) ◽  
pp. 75-97
Author(s):  
Emma Charlene Lubaale
Keyword(s):  
Human Rights ◽  
Complete Solution ◽  
International Standards ◽  
Constitutional Court ◽  
African Countries ◽  
International Human Rights ◽  
Homosexual Conduct ◽  
International Human ◽  
And Bisexual ◽  
Human Rights Standards

In 2014, Uganda’s Constitutional Court struck down the problematic Anti-Homosexuality Act. (AHA). However, since the decision of the court was based on procedural rather than on substantive grounds, the AHA may very well be reintroduced, or, other anti-homosexuality laws in place can still be relied on to criminalise consensual homosexual conduct. The ideal solution is to have all the anti-homosexuality laws struck down in light of Uganda’s international human rights ob• ligations. However, although a number of international human rights instruments lend impetus to the cause of decriminalisation in Uganda; these international standards have thus far not fully persuaded Uganda to have these discriminatory laws struck down. In this article, I argue that whereas arguments based on Uganda’s international and constitutional obligations form a good foundation for reform, these standards cannot of themselves form a complete solution to the problem. Drawing on the various actors that were at the fore in the struggle towards the striking down of the AHA, I argue that translating the rights of lesbian, gay and bisexual and transgender (LGBT) people into a reality will require conscious efforts from a number of actors including the judiciary, international and national human rights defenders and faith-based organisations. I identify some of the mistakes made by the foregoing actors in advocating for the striking down of the AHA, and how these mistakes should be addressed if the cause of decriminalisation is to be effectively advanced. Although Uganda is placed at the heart of the discussion, the conclusions drawn are relevant to other African countries battling with this subject.

scholarly journals Beyond the rhetoric of international human rights standards in the struggle to decriminalise homosexual conduct in Uganda

Afrika Focus ◽  
2017 ◽  
Vol 30 (1) ◽  
Author(s):  
Emma Charlene Lubaale
Keyword(s):  
Human Rights ◽  
Complete Solution ◽  
International Standards ◽  
Constitutional Court ◽  
African Countries ◽  
International Human Rights ◽  
Homosexual Conduct ◽  
International Human ◽  
And Bisexual ◽  
Human Rights Standards

In 2014, Uganda’s Constitutional Court struck down the problematic Anti-Homosexuality Act (AHA). However, since the decision of the court was based on procedural rather than on substantive grounds, the AHA may very well be reintroduced, or, other anti-homosexuality laws in place can still be relied on to criminalise consensual homosexual conduct. The ideal solution is to have all the anti-homosexuality laws struck down in light of Uganda’s international human rights obligations. However, although a number of international human rights instruments lend impetus to the cause of decriminalisation in Uganda; these international standards have thus far not fully persuaded Uganda to have these discriminatory laws struck down. In this article, I argue that whereas arguments based on Uganda’s international and constitutional obligations form a good foundation for reform, these standards cannot of themselves form a complete solution to the prob- lem. Drawing on the various actors that were at the fore in the struggle towards the striking down of the AHA, I argue that translating the rights of lesbian, gay and bisexual and transgender (LGBT) people into a reality will require conscious efforts from a number of actors including the judiciary, international and national human rights defenders and faith-based organisations. I identify some of the mistakes made by the foregoing actors in advocating for the striking down of the AHA, and how these mistakes should be addressed if the cause of decriminalisation is to be effectively advanced. Although Uganda is placed at the heart of the discussion, the conclusions drawn are relevant to other African countries battling with this subject. Key words: Uganda, international human rights standards, Anti-Homosexuality Act, decriminalisation 

scholarly journals Recognizing and Implementing International Human Rights Standards in Domestic Legislation: An Exposure Under Ukrainian Law

2021 ◽  
Vol 10 (2) ◽  
pp. 161-176
Author(s):  
Vitalii Oleksandrovych Serohin ◽  
Svitlana Hryhorivna Serohina ◽  
Liliya Mykolayivna Gryshko ◽  
Kateryna Petrivna Danicheva
Keyword(s):  
Human Rights ◽  
The State ◽  
International Standards ◽  
Human Right ◽  
International Human Rights ◽  
National Legislation ◽  
Human Rights Protection ◽  
Protection Of Human Rights ◽  
International Human ◽  
Human Rights Standards

Everything about human right is inalienable void of violation from the human race. It is therefore that responsibility of the international community in ensuring the effective preservation and respect of these rights without any threat of violations. In ensuring its recognition and implementation, international standards have been established where there is the need of States parties to these international human right treaties in ensuring its incorporation in its various domestic legislations. The content and specific features of the introduction of international human rights standards into national legislation have been analyzed in the article. The methodological basis of research is a set of general scientific and special methods, in particular, dialectical, historical-legal, epistemological, comparative-legal. International standards for the protection of human rights have been defined as principles and norms enshrined in international regulatory legal acts that define fundamental human rights and freedoms, the obligation of the State to respect them, to assist in their realization, preservation and protection against unlawful encroachments, and to establish liability for their violations and methods of protection. It has been clarified that the procedure of implementation of international human rights standards into national legislation includes the following stages: (i) recognition of human rights by the State and their enshrinement in national legislation; (ii) institutionalization of the standard of human rights protection; (iii) bringing the current legislation in line with the international human rights standard and interpreting the latter; (iv) establishment of measures and means of protection and defense of human rights; (v) determining the procedure for the realization of the enshrined right; (vi) control over the observance of the international human rights standard.

scholarly journals Religious Law in the Service of Human Rights?

2021 ◽  
Vol 7 (1) ◽  
pp. 155-187
Author(s):  
Wiebke Greeff
Keyword(s):  
Human Rights ◽  
Good Life ◽  
Islamic Law ◽  
Constitutional Court ◽  
International Human Rights ◽  
Religious Law ◽  
International Human ◽  
Human Rights Standards ◽  
Better Than ◽  
Governmental Action

Abstract During the 1990s, a period representing the peak of often novel interpretations in human rights litigation by the judges of the Egyptian Supreme Constitutional Court, Egypt’s human rights performance was better than in other Islamic states sharing a commitment to the supremacy of Shari’a law. This article argues that there is a gap between the dogmatic assertion of the communal good life defined in traditional Islamic terms and the reality of governance usually at odds with these stipulations. The peculiar practice of the Egyptian Supreme Constitutional Court in the 1990s highlighted two crucial, related questions: first, was it in principle possible to narrow that gap and align governmental action to rules derived from scripture? Second, does the highly fragmented and inconsistent character of classical Islamic law offer advantages in its adaptation to modernity? This article claims that the relative progress towards compliance with international human rights standards was due to progressive and strategically litigating judges, who used Islamic law opportunistically rather than dogmatically.

The Death Penalty in Malawi: An Assessment against Regional and International Human-rights Standards

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Esther Gumboh
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
International Standards ◽  
International Human Rights Law ◽  
International Human Rights ◽  
Global Trend ◽  
International Human ◽  
Capital Crimes ◽  
The Right ◽  
Human Rights Standards

Despite the global trend towards the abolition of the death penalty, Malawi has no plans to do so. However, the country is under an obligation to ensure that the use of the death penalty is restricted in line with regional and international human-rights law. A survey of the application of the death penalty in Malawi reveals that while there are some restrictions on its use, the law and practice are not fully aligned with the regional and international standards. This is particularly the case with the scope of capital crimes, the right to seek mercy and the death row phenomenon. Malawi needs to address these shortfalls and move progressively towards the abolition of the death penalty. The task of this article is to make known some findings on how Malawi fares in this regard. The paper first discusses the regional and international human rights standards for the death penalty then it considers the Malawian Constitution and the restrictions on the death penalty under Malawian law. It concludes with an assessment of the extent to which Malawi conforms to international law insofar as the death penalty is concerned.

scholarly journals International standards for the right to freedom of association: classification criteria

2020 ◽  
pp. 104-109
Author(s):  
Nadezhda Gayeva
Keyword(s):  
Human Rights ◽  
International Standards ◽  
Internal Quality ◽  
Freedom Of Association ◽  
International Human Rights ◽  
Holistic View ◽  
International Human ◽  
The Right ◽  
Human Rights Standards

In the legal literature has long been a classification of legal phenomena. International standards on the right to freedom of association are not an exception, which is due to both cognitive reasons and practical importance. However, to date, sufficient generally accepted, generally accepted criteria for their classification have not yet been found in the theory of constitutional law.  The classification of international standards for the right to freedom of association is the basis for classifying international human rights standards as a method of cognition. The latter makes it possible to evaluate the holistic view of the classification of international standards on the right to freedom of association, its internal quality, comparing its essential and formal characteristics. At present, there are no uniform criteria for classifying international standards on the right to freedom of association, and therefore it is not possible to establish a single classification. At the same time, in view of the application of international standards on the right to freedom of association in the law and law practice in Ukraine, the most important criteria for their classification are the content and legal significance of the legal norm - the standard. Accordingly, international standards on the right to freedom of association are divided into: 1) factual and nominal; 2) mandatory and advisory. However, it is obvious that without consideration of other criteria it will not be possible to delineate qualitatively the essence of the investigated question. Integrating the criteria proposed by domestic researchers for the classification of international human rights standards, which are also acceptable for the classification of international standards on the right to freedom of association, we refer to others: 1) subject of their establishment - UN, Council of Europe, European Union, etc. ; 2) by scope - standards of general action and special action; 3) depending on the ways of their implementation - those that are self-implemented and those that are not self-implemented and require special measures for their implementation; 4) in the form of implementation - international treaties, documents of international organizations; 5) by territory - world (national, requirements of international acts of universal character) and regional (in particular, continental). The above list of varieties of international standards for the right to freedom of association is certainly not exhaustive, as other criteria for their classification are possible.

Mobilizing International Norms: Domestic Actors, Immigrants, and the Japanese State

1999 ◽  
Vol 51 (3) ◽  
pp. 413-445 ◽  
Author(s):  
Amy Gurowitz
Keyword(s):  
Human Rights ◽  
Migrant Workers ◽  
Domestic Politics ◽  
International Norms ◽  
International Standards ◽  
International Human Rights ◽  
Wide Range ◽  
International Human ◽  
Human Rights Standards ◽  
The Impact

In recent years immigrant rights have increasingly been examined in an international context. An important theme in these discussions has been the question of whether, and if so how, states are constrained in developing immigrant and immigration policies. Some scholars argue that states are constrained by international human rights standards, while others, skeptical of this position, focus on a wide range of arguments at the domestic level of analysis. The skeptics are right that those asserting the impact of international human rights standards on immigrant policy have not demonstrated their importance domestically. International norms and standards do not diffuse automatically or consistently across states, and there has been too little detailed process tracing to illustrate the mechanisms of norm diffusion and therefore to move beyond correlation. To do so requires attention to the domestic actors who mobilize international norms and to the specific domestic circumstances in which they operate. This article examines a hard case by studying the impact of international human rights standards on policies toward Koreans and more recent migrant workers in Japan. In this case international norms matter. But they do not matter in a mysterious or automatic way. Domestic actors use international norms in context-specific environments to back up and make arguments for which they have few domestic resources. This is not a story of international versus domestic politics, nor is it a story about a paralyzed state. State actors are actively involved in the process of integrating international standards domestically, and the author examines how those standards work their way into the political process.

Mapping the Boundaries of Human Rights at Work

2009 ◽  
Vol 34 (1) ◽  
pp. 21-38 ◽  
Author(s):  
Jeff Hilgert
Keyword(s):  
Human Rights ◽  
Labor Relations ◽  
Historical Context ◽  
International Standards ◽  
Labor Rights ◽  
International Human Rights ◽  
Legal Doctrine ◽  
International Human ◽  
The Right ◽  
Human Rights Standards

Over the past twenty years, International Labour Standards have been cited increasingly as the authoritative, worldwide body of jurisprudence on workers' rights as human rights. Continuing the debate on what constitutes labor rights, the author contrasts the definition of workers' rights under international human rights standards with U.S. labor history's notion of “pure and simple unionism,” examining the boundaries of rights defined by international standards in a comparative historical context. The standards examined include workers' right to organize; coercive employer speech; access to employer premises; nonmajority representation; the right to strike, picket, and boycott; union security clauses; the scope of bargaining; government enforcement; and the legal doctrine of employer association rights. Aligning U.S. labor relations law with international human rights standards would in part be a social advancement, but significant aspects of the standards advocate pure and simple unionism more than the original National Labor Relations Act, raising questions about how labor movements should use international standards as advocacy tools and public policy goals.

scholarly journals Exploring Children’s Understanding of the Legal Rights of Suspects in England and Wales

Youth Justice ◽  
2021 ◽  
pp. 147322542110305
Author(s):  
Vicky Kemp ◽  
Dawn Watkins
Keyword(s):  
Human Rights ◽  
Young People ◽  
Legal Rights ◽  
International Human Rights ◽  
Children And Young People ◽  
England And Wales ◽  
Research Interviews ◽  
International Human ◽  
Points Of View ◽  
Human Rights Standards

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.

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