“A French Jew Emancipated the Blacks”

2021 ◽  
Vol 44 (4) ◽  
pp. 645-674
Author(s):  
Noëmie Duhaut
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
European Society ◽  
Eastern European ◽  
Political Rights ◽  
Rhetorical Strategies ◽  
Southeastern Europe ◽  
Civil And Political Rights ◽  
Droit International ◽  
National Framework

Abstract This article examines the rhetorical strategies put in place by French Jewish activists to demand equal civil and political rights for Jews in southeastern Europe in the second half of the nineteenth century. It identifies the parallel they drew between the abolition of slavery and Jewish emancipation as a central plank in this campaign. Through references to the antislavery movement, French Jews sought to make Jewish emancipation a matter of international law and mobilize different constituencies at home and abroad. Drawing on the biblical story of the Exodus, this abolitionist rhetoric was an attempt to challenge the Christian nature of abolitionism and oppose exclusionary views of European society. The emergence of this new emancipatory discourse is analyzed within the national framework of France as well as in a broader eastern European and world context. Cet article étudie les stratégies rhétoriques mises en place par les militants juifs français pour revendiquer l’égalité civique et politique des Juifs de l'Europe du sud-est dans la seconde moitié du dix-neuvième siècle. Le parallèle qu'ils ont établi entre abolition de l'esclavage et émancipation des Juifs était un élément central de cette campagne. A travers leurs références au mouvement antiesclavagiste, les Juifs français ont cherché à faire de l’émancipation juive une question de droit international ainsi qu’à mobiliser différents publics en France et à l’étranger. S'appuyant sur le récit biblique de l'Exode, cette rhétorique abolitionniste tentait de contester la nature chrétienne de l'abolitionnisme et de s'opposer aux visions d'une société européenne fondée sur l'exclusion. L’émergence de ce nouveau discours émancipateur est analysée dans le cadre national de la France ainsi que dans un contexte est-européen et mondial plus large.

ACCIDENT AND DESIGN: RECOGNISING VICTIMS OF AGGRESSION IN INTERNATIONAL LAW

2021 ◽  
Vol 70 (1) ◽  
pp. 103-132
Author(s):  
Shane Darcy
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Future Application ◽  
Political Rights ◽  
Recent Developments ◽  
Civil And Political Rights

AbstractInternational law has not traditionally recognised individuals as victims of the crime of aggression. Recent developments may precipitate a departure from this approach. The activation of the jurisdiction of the International Criminal Court over the crime of aggression opens the way for the future application of the Court's regime of victim participation and reparation in the context of prosecutions for this crime. The determination by the United Nations Human Rights Committee in General Comment No. 36 that any deprivation of life resulting from an act of aggression violates Article 6 of the International Covenant on Civil and Political Rights serves to recognise a previously overlooked class of victims. This article explores these recent developments, by discussing their background, meaning and implications for international law and the rights of victims.

scholarly journals An Indication of China's Policy towards Uighurs and its Implications by International Law Aspects

2020 ◽  
Vol 3 (1) ◽  
pp. 55-71
Author(s):  
Mellisa Towadi ◽  
Nur Mohamad Kasim ◽  
Rumawi Rumawi ◽  
Siti Asifa Tahir
Keyword(s):  
International Law ◽  
Religious Freedom ◽  
Legal Aspects ◽  
The State ◽  
Political Rights ◽  
Individual Freedom ◽  
Main Interest ◽  
Civil And Political Rights ◽  
Democratic Principles

This article examines the Chinese government's policy towards Uighurs for the purpose of outlining and explaining indications of the policy that have implications on the legal aspects of this international law. This study was researched using normative juridical methods with expansive analysis based on logical-normative approaches. The results of the analysis show that broadly the policies China implements against the Uighur population are indicated to acts of discrimination. China's main interest is sovereignty, so of course, China will not allow the release of any territory from China. While the implications in the context of International Law as to uphold the guarantee of civil and political rights, liberal and democratic principles or independence, and individual freedom in relation to the state. The points of conflict identified, especially concerning the reach of equality of rights between ethnic Uighurs and other ethnicities in China, the prohibition of inhumane punishment and degrading dignity, and religious freedom.

scholarly journals Ordre du droit et droit de l'ordre

2005 ◽  
Vol 28 (3) ◽  
pp. 699-729
Author(s):  
Jacques Zylberberg
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
The State ◽  
Political Rights ◽  
Sovereign State ◽  
The Rule Of Law ◽  
Civil And Political Rights

This essay undertakes a review of national and international law to demonstrate that law is mainly an ideological and variable instrument of the State and of the United Nations, which is a by-product of the states. In this perspective, the author opposes the pragmatical ideology of resistance against the sovereign state to the juridical legitimation and the behaviour of the States who reluctantly have conceded some civil and political rights. Those rights are endangered by the growing bureaucratization of the state, the inflation of the juridical norms and rules, in addition to the permanent repressive characters of the State. The criticism of the contradiction and the variation of the rule of law when it relates to "human rights" is also extended to international law as well as to the international organizations.

scholarly journals Extraterritorial application of the right to life on the high sea . Commentary to the Views adopted by the Human Rights Committee of 27 January 2021, A.S., D.I., O.I. and G.D. against Italy, Communication No. 3042/2017

2021 ◽  
Author(s):  
Bartosz Pacholski
Keyword(s):  
Human Rights ◽  
International Law ◽  
Subject Matter ◽  
Political Rights ◽  
Right To Life ◽  
Rescue Operation ◽  
Protection Of Human Rights ◽  
The Subject ◽  
Civil And Political Rights ◽  
The Right

The subject matter of this commentary, which instigates the Views of the Human Rights Committee of 27 January 2021, is the protection of one of the fundamental human rights – the right to life. The Committee, as an authority appointed to oversee compliance with the International Covenant on Civil and Political Rights, had to decide on the issue of Italy’s responsibility for failing to provide assistance to a boat in distress, even if the area in which the vessel was located was not within the territory of this state and other acts of international law attribute the responsibility for executing the rescue operation to a third country. According to the Committee’s views, which applied extraterritorial approach to the protection of the right to life, whenever states have the opportunity to take action for the protection of human rights they should do everything possible in a given situation to help people in need.

Freedom of Speech in International Law

2021 ◽  
pp. 192-212
Author(s):  
Michael Hamilton
Keyword(s):  
Human Rights ◽  
International Law ◽  
Freedom Of Speech ◽  
Political Rights ◽  
Civil And Political Rights ◽  
The Right ◽  
Domestic Law

This chapter traces the broad contours of the right to freedom of speech as it has evolved in international law, principally under Article 19(2) of the 1996 International Covenant on Civil and Political Rights (ICCPR or ‘the Covenant’). Any speech protective principles deriving from the international jurisprudence are qualified by the following factors: the contextual contingency of the value of speech, the inherently limited reach of international scrutiny, the changing nature of the marketplace, and emerging forms of censorship. The chapter then outlines the key human rights treaty protections for freedom of speech, before further exploring the scope of the right. It examines the permissible grounds for speech restriction, highlighting two contested categories of speech—namely, incitement to hatred and glorification of terrorism—where international law not only concedes the low value of such speech, but specifically mandates its prohibition in domestic law. States that introduce broadly framed speech restrictions may claim to be acting in satisfaction of this prohibitory requirement. In consequence, the intensity of any ensuing international scrutiny will inevitably be substantially reduced.

scholarly journals Human Rights and Social Justice: the Convention on the Rights of Persons with Disabilities and the quiet revolution in international law

2009 ◽  
Vol 4 ◽  
pp. 17 ◽  
Author(s):  
Penny Weller
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
International Law ◽  
Attorney General ◽  
Public Consultation ◽  
Political Rights ◽  
Persons With Disabilities ◽  
Human Rights Protection ◽  
Cultural Rights ◽  
Civil And Political Rights

On the 60th anniversary of the Universal Declaration of the Human Rights (UDHR) the Commonwealth Attorney General announced a national public consultation concerning the need for better human rights protection in Australia and the viability of a federal human rights charter. Whether or not the anticipated Charter includes social, economic and cultural rights is directly relevant to questions of social justice in Australia. This paper argues that the legislative acknowledgment of civil and political rights alone will not adequately address the human rights problems that are experienced in Australia. The reluctance to include economic, social and cultural rights in human rights legislation stems from the historical construction of an artificial distinction between civil and political rights, and economic social and cultural rights. This distinction was articulated and embedded in law with the translation of the UDHR into binding international law. It has been accepted and replicated in judicial consideration of the application on human rights legislation at the domestic level. The distinction between the two forms of rights underpins a general ambivalence about the capacity of human rights legislation to deliver social justice and echoes a critical tradition in legal philosophy that cautions against the reification of law. Coming into force early in the 21st century, the Convention of the Rights of Persons with Disabilities illustrates the effort of the international community to recognize and eschew the burden of the false dichotomy between civil and political and economic, social and cultural rights. Acknowledging the indivisible, interdependent and indissociable nature of human rights in Australia is a crucial step toward achieving human rights based social justice.

scholarly journals JUSTICIABILITY OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN INTERNATIONAL LAW AND ITS FUTURE IMPLEMENTATION IN INDONESIA

2018 ◽  
Vol 7 (3) ◽  
pp. 451
Author(s):  
Irawati Handayani
Keyword(s):  
International Law ◽  
First Generation ◽  
Second Generation ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
Cultural Rights ◽  
Civil And Political Rights ◽  
The Right ◽  
Political Right

<p>Economic, social, and cultural rights are categorized as second generation of rights in the concept of international human rights law. Due to its distinction with first generation right, which is civil and political right, it leads to the differentiation of justiciability of second generation rights. It’s quite often that the fulfillment of economic, social, and cultural rights is postponed, while on the contrary civil and political rights have to be accomplished immediately. The query of justiciability of economic, social, and cultural rights rottenly links with the responsibility of state parties on implementing the rights enumerated in ICCPR or ICESCR. Referring to Article 2 of ICESCR, the implementation of rights stated in ICESCR could be in progressive manner and usually this article is used as an example to not fulfill the right immediately. This article will elaborate further the implementation of protection of economic, social, and cultural rights in another country particularly in South Africa and compare it with Indonesia in order to achieve an ideal form of justiciability of this second generation of rights.</p>

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