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.

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.

scholarly journals ‘Too High’, ‘Too Low’, or ‘Just Fair Enough’?

2019 ◽  
Vol 17 (2) ◽  
pp. 351-368
Author(s):  
Joanna Nicholson
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
International Criminal ◽  
Fair Trial ◽  
International Human Rights Law ◽  
Criminal Courts ◽  
International Human Rights ◽  
International Human ◽  
The Right ◽  
Human Rights Standards

Abstract That an accused receives a fair trial is essential to the legitimacy of international criminal courts and tribunals. However, how best to interpret the right to a fair trial in order to maximize the legitimacy of international criminal courts and tribunals’ decision-making? Some argue that international criminal courts and tribunals should aspire to the highest standards of fairness and should aim to set an example for domestic courts in this regard. Others argue that the unique context within which international criminal courts and tribunals operate allows them, at times, to interpret the right to a fair trial in a way which falls below minimum international human rights standards. This article examines both of these positions and finds both to be problematic. Rather, the article argues that international criminal courts and tribunals should aim for a middle path, the ‘fair enough’ standard, when interpreting the right to a fair trial. In situations where a different standard than that found within international human rights law is applied, international criminal courts and tribunals should expend greater effort in being open and clear as to why this is so, and should take care in communicating this to their audience, including victims and the accused. By doing so, the legitimacy of their decision-making will be enhanced.

scholarly journals The Right of the Accused in Saudi in Criminal Procedure during Investigation Process and Arbitrary Dentation and Prohibits Torture and Protects the Rights of Suspects to Obtain Legal Council

2018 ◽  
Vol 150 ◽  
pp. 05053
Author(s):  
Faten Mohmed Alqahtani ◽  
Amani Ali ◽  
Abdulrahman M.A.AlBelihi ◽  
Metwally Ali
Keyword(s):  
Human Rights ◽  
Saudi Arabia ◽  
Justice System ◽  
Criminal Procedure ◽  
International Human Rights ◽  
Legal Representation ◽  
International Human ◽  
The Law ◽  
The Right ◽  
Human Rights Standards

Saudi Arabia has recent in years pass several important legislations to ensure a fair and balanced justice system, including: 1) The Law of Procedure Before Sharia Courts of September 2001, which grants defendants the right to legal representation and outlines the process by which please, evidence and experts are heard by the courts. 2) The Code of Law Practice of January 2001, which outlines requirements necessary to become an attorney and defines the duties and right of lawyers, including the right of attorney-client privilege. 3) The Law of Criminal Procedure of May 2001, which protects a defendant right with the regard to interrogation, investigation, and incarceration; outlines a series of regulations that justice and law enforcement authorities must follow during all stages of legal process, from arrest and interrogation to trial and sentencing; prohibits torture and protects the right of suspects to obtain legal counsel; and limits the period of arbitrary detention. The main objective of this study is to examine the operation of the criminal justice system in Saudi Arabia in light of the international human rights standards pertaining to the administration of justice. It involves the international human rights treaties and focuses mainly on the instruments in which the right to a fair trail in Saudi Arabia.

Case Studies of Violations of Workers' Freedom of Association: Manufacturing Workers

2002 ◽  
Vol 32 (2) ◽  
pp. 359-378 ◽  
Author(s):  
Jean McMahon
Keyword(s):  
Human Rights ◽  
Case Studies ◽  
The United States ◽  
Labor Rights ◽  
Freedom Of Association ◽  
International Human Rights ◽  
Unfair Advantage ◽  
International Human ◽  
Human Rights Standards ◽  
Employment Sectors

As part of its report “Unfair Advantage: Workers' Freedom of Association in the United States under International Human Rights Standards,” Human Rights Watch conducted a series of case studies in a dozen states, covering a variety of industries and employment sectors, analyzing the U.S. experience in the light of both national law and international human rights and labor rights norms. Presented here are the case studies of manufacturing workers.

Case Studies of Violations of Workers' Freedom of Association: Migrant Agricultural Workers

2002 ◽  
Vol 32 (3) ◽  
pp. 443-465 ◽  
Author(s):  
Jean McMahon
Keyword(s):  
Human Rights ◽  
Case Studies ◽  
The United States ◽  
Agricultural Workers ◽  
Labor Rights ◽  
Freedom Of Association ◽  
International Human Rights ◽  
International Human ◽  
Human Rights Standards ◽  
Employment Sectors

As part of its report “Unfair Advantage: Workers' Freedom of Association in the United States under International Human Rights Standards,” Human Rights Watch conducted a series of case studies in a dozen states, covering a variety of industries and employment sectors, analyzing the U.S. experience in the light of both national law and international human rights and labor rights norms. Presented here are the case studies of migrant agricultural workers.

The Qualification for Being a Refugee under eu Law: Religion as a Reason for Persecution

2014 ◽  
Vol 16 (4) ◽  
pp. 535-558
Author(s):  
Alexandra Maria Rodrigues Araújo
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Eu Law ◽  
Refugee Status ◽  
International Human Rights ◽  
Court Of Justice ◽  
International Human ◽  
The Individual ◽  
The Right ◽  
Human Rights Standards

The Court of Justice in Y and Z deals with persecution in the form of interference in the right to practise one’s religion. The main aspects of the judgment can be summarized in the following three statements: in order to be granted refugee status under eu law, only a severe violation of religious freedom can be regarded as an act of persecution; the severity of the acts of persecution must be identified on the basis of the nature of the repression inflicted on the individual and its consequences; the competent authorities cannot expect the applicant to abstain from religious practices upon the return to his country of origin. Y and Z is an undeniable reference towards the interpretation of religion-based persecution provisions of the Qualification Directive. From the perspective of religious freedom, the Court reinforces the commitment of the eu with the European and international human rights standards concerning this right.

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 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 

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