HUMAN RIGHTS: INTERNATIONAL LEGAL IDEOLOGY

2016 ◽  
Vol 4 (2) ◽  
pp. 131-141
Author(s):  
Махмадьёр Раджабов ◽  
Makhmader Radzhabov
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
Legal Status ◽  
Scientific Literature ◽  
Private Law ◽  
Legal Ideology ◽  
Legal Nature

The article based on the study of the scientific literature and analysis of international legal acts, considers the features of the legal status of international organizations in private — law relations. As part of a public legal nature of international organizations is determined by their private — law status.

Child Rights and the Movement from Status to Agency: Human Rights and the Removal of the Legal Disabilities of Vulnerability

2015 ◽  
Vol 84 (2) ◽  
pp. 183-220
Author(s):  
Sevda Clark
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Status ◽  
Human Rights Law ◽  
Child Rights ◽  
Sociological Approach ◽  
Legal Ideology ◽  
Recent Developments ◽  
The Common ◽  
Universal Norm

Using ideology as heuristic, a legal sociological approach is employed to critically evaluate a child’s legal status and its evolution since the eighteenth century. Four principal phases are identified: (1) legal ideology of individualism in the common law tradition; (2) movement from status to contract; (3) movement from status to rights; and (4) movement from status to agency. To strengthen legal agency both status and capacity are addressed. In the fourth phase, legal status has evolved in ways capable of facilitating children’s legal agency; it has evolved from being static to being dynamic, and is now determined by reference to public international law, rather than territorially. This article advances a universal norm of legal capacity to sue for violations of human rights, which is derived from the recent developments in human rights law. In the evolution of children’s rights we are presently witnessing the movement from status to agency.

CONCERNING TO THE LEGAL NATURE AND IMPORTANCE OF THE ADVISORY OPINIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS

2017 ◽  
Author(s):  
Artem Ivanov ◽  
◽  
Eliza Shyhapova ◽  
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Primary Sources ◽  
Advisory Opinion ◽  
Council Of Europe ◽  
General Importance ◽  
European Court ◽  
Legal Nature ◽  
Protection Of Human Rights ◽  
Advisory Opinions

This article is devoted to clarify the significance of the advisory opinions of the European Court of Human Rights as a recently improved institution. Thus, according to Article 1 of Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms, the highest judicial institutions of the High Contracting Party, as defined in accordance with Art. 10 may apply to the Court for advisory opinions on matters of principle concerning the interpretation or application of the rights and freedoms defined by the Convention or its protocols. Considering the fact that only two advisory opinions on the appeal of the member states of the Council of Europe have been published on the official website of the court, this topic is a new subject for research and requires a systematic study. Allowing states to seek advisory opinions was driven by the need to ease the burden on the European Court of Human Rights. However, given the novelty of the improved institute, this statement is still controversial. The article offers its own conclusions regarding the significance of the advisory opinions in the activities of the European Court, provides a view on the legal nature of this legal institution in the internal legal order of Ukraine. This was achieved by defining the essence of such a mechanism, analyzing primary sources from the official website of the court, statistical data on the functioning of the institution, and generalizing national legislation to determine the legal nature. Thus, although Ukraine has ratified Protocol No. 16, however, the legal status of such advisory opinions has not been determined. In this connection, it is proposed to amend a number of legislative acts, in particular, to article 17 of the Law of Ukraine "On the implementation and application of the practice of the European Court of Human Rights", which should be supplemented with the rule on the legal force of the advisory opinion of the European Court of Human Rights. According to the general importance of such an institution, it seems reasonable to hope for a decrease in the number of decisions that would contradict the practice of the European Court of Human Rights, and, accordingly, a decrease in the grounds for filing applications.

scholarly journals Whose Cultural Objects? Introducing Heritage Title for Cross-Border Cultural Property Claims

2020 ◽  
Vol 67 (2) ◽  
pp. 257-295
Author(s):  
Evelien Campfens
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Status ◽  
Legal Framework ◽  
Cultural Property ◽  
Private Law ◽  
Human Rights Law ◽  
Cultural Objects ◽  
Unesco Convention ◽  
Art Trade

Abstract Cultural objects have a special, protected, status because of their intangible ‘heritage’ value to people, as symbols of an identity. This has been so since the first days of international law and, today, there is an extensive legal framework to protect cultural objects and to prohibit looting. Despite this, for as long as demand exists and profits are high, cultural objects continue to be looted, smuggled and traded. At some point, their character tends to change from protected heritage in an original setting to valuable art and commodity in the hands of new possessors. In this new setting, the legal status of such objects most likely will be a matter of ownership and the private law regime in the country where they happen to end up. This article suggests that, irrespective of the acquired rights of others, original owners should still be able to rely on a ‘heritage title’ if there is a continuing cultural link. The term aims to capture the legal bond between cultural objects and people, distinct from ownership, and is informed by international cultural heritage and human rights law norms. The proposition is that, whilst ownership interests are accounted for in national private law, legal tools are lacking to address heritage interests and identity values that are acknowledged in international law. Neither the existing legal framework for the art trade, based on the 1970 UNESCO Convention, nor regular ownership concepts appear particularly suited to solve title issues over contested cultural objects. The notion of ‘heritage title’ in a human rights law approach can act as a bridge in that regard.

The Immunity of International Organizations Before Domestic Courts: Recent trends

2010 ◽  
Vol 7 (1) ◽  
pp. 121-148 ◽  
Author(s):  
Cedric Ryngaert
Keyword(s):  
International Organizations ◽  
Dispute Settlement ◽  
Private Law ◽  
Legal Nature ◽  
Domestic Courts ◽  
Recent Trends ◽  
The Relationship ◽  
Dispute Settlement Mechanisms

AbstractThis article addresses the international organizations' immunity defence before domestic courts, and its relationship with the organizations' internal dispute settlement mechanisms. The focus of the article lies primarily on private law disputes between international organizations and individuals, and on (employment) disputes between organizations and their staff in particular. It draws inductively on cases that have recently been decided or made available, and that draw attention to three main issues: 1. the legal nature of the immunity of international organizations, 2. the weighing of the individual's right to a remedy and the organization's immunity and, to a lesser extent, 3. the relationship between the immunity from jurisdiction and the immunity from enforcement.

Le autorizzazioni del Consiglio di sicurezza davanti alla Corte europea dei diritti umani: dalla decisione sui casi Behrami e Saramati alla sentenza Al-Jedda

2012 ◽  
pp. 229-262
Author(s):  
Maria Irene Papa
Keyword(s):  
Human Rights ◽  
Security Council ◽  
International Organizations ◽  
Military Personnel ◽  
Case Law ◽  
United Nations Security Council ◽  
European Convention ◽  
European Court ◽  
Legal Nature ◽  
The Relationship

Four years after the highly criticized decision in Behrami and Saramati, on 7 July 2011 the European Court of Human Rights returned in Al-Jedda v. United Kingdom to the applicability of the European Convention on Human Rights to acts undertaken by military forces of Member States acting abroad under an authorization of the United Nations Security Council. The article examines the main implications of that case law by comparing how the Court addressed the following issues in Behrami and Saramati and in Al-Jedda: the legal nature of UNSC authorizations to states to use force; the attribution of conduct of military personnel in this kind of situations and the relationship between the European Convention and the UN collective security system. According to the author, the Al-Jedda judgment presents some elements of continuity with the Behrami and Saramati decision (such as the distinction among different models of UNSC authorization), but also significant developments (especially with regard to the possibility of dual attribution of conduct both to states and international organizations and to the interpretative presumption in favour of interpreting SC resolutions in conformity with human rights).

To the Question of the Classification Patterns of Social Stratification in the Countries of the World (Brief Overview of Some Concepts and Author’s Comment)

2020 ◽  
pp. 65-75
Author(s):  
S. N. Smirnov
Keyword(s):  
Social Sciences ◽  
Social Stratification ◽  
Legal Status ◽  
Scientific Literature ◽  
Point Of View ◽  
The World

The author considers the problems of typification of society. Some concepts of typification of social stratification models in different countries formulated and justified in historical and legal, historical, sociological, and economic scientific literature are reviewed. The circumstances that make it difficult to formulate universal concepts designed for application in the complex of social Sciences are identified. These circumstances include insufficient consideration of legal factors, including the position of the legislator, the specifics of the corporate legal status, and the characteristics of the mechanism for changing individual legal status. The author offers a variant of classification of society types from the point of view of legal registration of their structure. The possibility of distinguishing types such as consolidated companies and segmented companies is justified.

The Global Rise of Social Cash Transfers

2018 ◽  
Author(s):  
Lutz Leisering
Keyword(s):  
Human Rights ◽  
Social Security ◽  
International Organizations ◽  
Cash Transfers ◽  
Social Citizenship ◽  
Human Beings ◽  
Sociological Approach ◽  
The Poor ◽  
Social Cash Transfers ◽  
The Right

The Universal Declaration of Human Rights (1948) proclaimed the equality of all human beings in dignity and rights. The right to social security, however, has been taken more seriously only since the 2000s, through calls for ‘Social security for all’ and ‘Leaving no one behind’. The book investigates a major response, social cash transfers to the poor. The idea of simply giving money to the poor had been rejected by all major development organizations until the 1990s, but since the early 2000s, social cash transfers have mushroomed in the global South and on agendas of international organizations. How come? What programmes have emerged in which countries? How inclusive are the programmes? What models have international organizations devised? Based on unique quantitative and qualitative data, the book takes stock of all identifiable cash transfers in all Southern countries and of the views of all major international organizations. The author argues that cash transfers reflect broader changes: new understandings of development, of human rights, of global risks, of the social responsibility of governments, and of universalism. Social cash transfers have turned the poor from objects of charity into rights-holders and agents of their own lives and of development. A repertoire of cash transfers has evolved that has enhanced social citizenship, but is limited by weak political commitments. The book also contributes to a general theory of social policy in development contexts, through a constructivist sociological approach that complements the dominant approaches from welfare economics and political economy and includes a theory of social assistance.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

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