Limitation of welfare to work: the prohibition of forced labour and the right to freely chosen work

2020 ◽  
pp. 67-88
Author(s):  
Elise Dermine
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fundamental Rights ◽  
Welfare To Work ◽  
International Human Rights ◽  
Legal Duty ◽  
Per Se ◽  
International Human ◽  
Forced Labour ◽  
The Right

Welfare-to-work programmes imply a legal duty to perform work, often accompanied by sanctions which can be questioned from the angle of human rights and the freedom of work. The chapter examines the conformity of those programmes with the prohibition of forced labour and the right to freely chosen work proclaimed in international human rights instruments. It shows that the mandatory character of those programmes does not violate per se the prohibition of forced labour, neither the right to freely chosen work. However, those fundamental rights set limits and frames the development of welfare to work measures. Through a rigorous analysis of the emerging international case law, the chapter identifies six criteria for assessing the conformity of welfare-to-work programmes with those rights.

The right to work: a justification for welfare to work?

2020 ◽  
pp. 49-66
Author(s):  
Elise Dermine
Keyword(s):  
Human Rights ◽  
Labour Market ◽  
Case Law ◽  
Welfare To Work ◽  
International Human Rights ◽  
Right To Work ◽  
The Will ◽  
International Human ◽  
Abstract Condition ◽  
The Right

The promoters of welfare-to-work programmes sometimes state that these are based on the will to ‘better realise’ the right to work of their recipients. This chapter questions this assumption and examines whether and under which conditions, those programmes could eventually find their foundation on the fundamental right to work proclaimed in international human rights texts. It demonstrates from an analysis of the international pacts, their preparatory texts and the case law that welfare-to-work measures can only be considered as aimed at realising the right to work if they are likely to improve the chances of their recipients to later find a freely chosen, paid and productive job in the labour market. It shows that this open and abstract condition excludes a large part of welfare-to-work measures from a human rights-based justification for the type of work they value or the way they are implemented.

Right to the Truth and International Jurisprudence as the “Conscience” of Humanity. Comparative Insights from the European and Inter-American Courts of Human Rights

Global Jurist ◽  
2016 ◽  
Vol 16 (2) ◽  
Author(s):  
Anna Oriolo
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Comparative Perspective ◽  
San Jose ◽  
International Human Rights ◽  
Emerging Trends ◽  
International Human ◽  
The Right

AbstractIn recent decades, the right to the truth has increasingly come to the attention of international scholars and jurisprudence. Moving from the recognition of truth as a right in the international arena and exploring the reconstruction and evolution of the right to the truth in the international human rights courts’ case-law, the following analysis focuses on the ECtHR and IACtHR insights in a comparative perspective to conclude on the emerging trends of the Strasbourg Court and the Court of San José in interpreting and applying the right to the truth, thereby acting as the “conscience” of the whole of humanity.

The Right to Institute a Private Prosecution

2015 ◽  
Vol 4 (2) ◽  
pp. 222-255 ◽  
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
General Rule ◽  
State Intervention ◽  
Case Law ◽  
Legal Basis ◽  
International Human Rights ◽  
Locus Standi ◽  
International Human ◽  
The Right ◽  
Almost All

The general rule in almost all jurisdictions is that when an offence is committed, the suspect will be prosecuted by the state’s prosecutorial organ. However, there is one exception to this rule in many states – private prosecution. International human rights instruments do not provide for the right of a victim to institute a private prosecution. However, in many states legislation or case law provides for this right. Due to the fact that different states have different legal systems, it is important to study the features of private prosecutions in these jurisdictions. These features also demonstrate the limitations on the right to institute a private prosecution. In this article, the author analyses pieces of legislation or case law from states in Europe, Asia, Africa, Australasia, and North America to highlight how legislation or case law has dealt with the following aspects of private prosecution: legal basis for instituting a private prosecution; locus standi in private prosecutions; whether permission from the court or prosecuting authority is a pre-requisite for instituting a private prosecution; the threshold that has to be met to institute a private prosecution; the rights of the accused in private prosecutions; incurring the costs for a private prosecution; state intervention or involvement in private prosecutions; and abuse of private prosecutions.

scholarly journals ON DIGNITY, VULNERABILITY, INDIGENOUS PEOPLES AND FISHERFOLKS: CHILEAN SUBSISTENCE FISHING ACCORDING TO INTERNATIONAL HUMAN RIGHTS

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Eduardo Roig Monge
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Case Law ◽  
International Treaties ◽  
Conceptual Approach ◽  
International Human Rights ◽  
Right To Food ◽  
International Human ◽  
The Right ◽  
Subsistence Fishing

Abstract Subsistence fishing is a confusing and heterogeneous fishery construct. Even so, its connection to human protection compels us to analyze it through the lens of human rights. Using the case of Chile due to its legal peculiarities, we aim to determine the scope of the Chilean legislation on subsistence fishing, integrating international treaties on human rights, case law, and reports from United Nations agencies regarding three issues. First, we examine how the Chilean legislation relates to the right to food and the promotion of decent social conditions. Next, we explain why the prohibition of riggings and propulsion enables us to identify economically precarious users and how this prohibition is related to vulnerabilities and poverty as human rights concepts. Finally, we show how the property of indigenous peoples and the culture of fisherfolk populations could impose their inclusion and preferences in access to subsistence fishing resources. Considering the results, we hold that human rights help to clarify the understanding of it and propose partial amendments to the Chilean legislation on subsistence fishing. But, above all, they introduce protection standards that allow us to see such legislation not as a mere derivation of state privilege, but as an attempt to foster a situation of equality: an affirmative action. We conclude by presenting a conceptual approach for Chilean subsistence fishing, suggesting that it could help to unveil new objectives and rights in fishing, and even influence the understanding of natural resource allocation.

scholarly journals The duty to work as precondition for human dignity: a Swiss perspective on work programmes

2020 ◽  
pp. 89-112
Author(s):  
Melanie Studer ◽  
Kurt Pärli
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Fundamental Rights ◽  
Eligibility Criterion ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Right ◽  
Federal Supreme

In Switzerland, the participation in certain work programmes is an eligibility criterion to social assistance benefits and the constitutionally granted right to the financial means required for a decent standard of living. This chapter examines whether the implementation of these programmes is in accordance with fundamental rights and more precisely, whether they respect the normative framework elaborated in Chapter 4. As will be shown, the right to financial assistance when in need has close links to human dignity. Therefore, the evaluation of the mentioned work programmes against the human rights background leads to some critical conclusions on their compatibility with international human rights law in general and human dignity in particular. Especially, the authors argue that the Swiss Federal Supreme Court’s case law lacks a comprehensive approach for the evaluation of human rights infringements in this context.

Legal Aid Before Human Rights Treaty Monitoring Bodies

2000 ◽  
Vol 49 (2) ◽  
pp. 360-389 ◽  
Author(s):  
Andrew S. Butler
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
International Human Rights ◽  
State Compliance ◽  
International Human ◽  
Fundamental Rights And Freedoms ◽  
The Individual ◽  
The Right ◽  
Improve State ◽  
Universal Standard

The right of individuals to have recourse to international human rights bodies has been regarded as one of the most significant developments in securing respect for and the promotion of universal fundamental rights and freedoms.1 First, it ensures that individuals subjected to human rights violations have an alternative forum should the domestic judicial forums not be persuaded of the existence of rights violations, for whatever reason. Secondly, the availability of an individual's right of recourse affirms the fact that the individual is an actor cognisable by international law, and is not dependent on the intervention of other States for the safeguarding of his or her rights.2 This is particularly important, as many States are slow to engage complaint mechanisms against another State for fear of reprisal (be it in the form of economic or political sanctions, or the instigation of a complaint under the same mechanism by the other state), lack of interest, or otherwise.3 Thirdly, the existence of such fora, and the right of individual complaint from a variety of countries, are useful in developing a common universal standard of human rights observance.4 The combined result of these is that implementation of the goals set out in the international human rights instruments is facilitated because the means for their enforcement are not dependent upon international politics but rather are put in the hands of the rights holders. In turn, such machinery should improve State compliance.5

Sovereign Rights of the State and the Scope of their Implementation in the Context of Development of the International Human Rights Law

2020 ◽  
Vol 11 (1) ◽  
pp. 164
Author(s):  
Iryna PROTSENKO ◽  
Кostiantyn SAVCHUK
Keyword(s):  
Human Rights ◽  
International Law ◽  
The State ◽  
Fundamental Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Adequate Treatment ◽  
International Human ◽  
The Right

In the contemporary science of international law, the state sovereignty issue lacks adequate treatment. In particular, the list and essence of sovereign rights and duties of the state are not defined, although these are referred to in some international legal instruments and resolutions of international courts and arbitrations. In addition, particular circumstances are being under development, which require if not precise outlining of the catalogue of fundamental rights of states, then at least determining the essence of some of these rights and the scope of their implementation. It goes about developing the practice to limit specific sovereign rights of the state to ensure the implementation of human rights (notably, the ones not directly related to the respective rights of the state). In this very way, the state is limited in its right to determine its own immigration policy. The fact is that the European Court of Human Rights (ECtHR) has ruled in some of its judgments that by implementing this right, the state violates the right to respect for private and family life provided for by the Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (ECHR). This resulted in ECtHR`s practice to be somewhat considered in the draft articles on the expulsion of aliens elaborated by the International Law Commission (ILC) in 2014. The examples from ECtHR`s practice analyzed in this paper provide the basis for the conclusion that the development of the International Human Rights Law is gradually narrowing the scope of the internal sovereign rights of the state.

scholarly journals Juvenile Defendants’ Right to be Tried within a Reasonable Time in Cambodia: An International Human Rights Analysis

Youth Justice ◽  
2019 ◽  
Vol 19 (1) ◽  
pp. 42-62
Author(s):  
Aekje Teeuwen
Keyword(s):  
Human Rights ◽  
Juvenile Justice ◽  
Case Law ◽  
International Treaties ◽  
International Human Rights ◽  
Reasonable Time ◽  
Unique Position ◽  
Legislative Framework ◽  
International Human ◽  
The Right

A delay in proceedings pending trial has a significant impact on defendants, particularly juveniles. The majority of prominent human rights instruments and their governing bodies seek to address the right to be tried within a reasonable time. Nevertheless, the unique position of juvenile defendants in relation to this right is considered with substantial inconsistency. Cambodia has ratified several international treaties acknowledging this fundamental right and recently adopted the Juvenile Justice Law. Consequently, this article examines the extent to which the right for juvenile defendants to be tried within a reasonable time has been incorporated into the relevant international, as well as the Cambodian legislative framework, and case law.

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