From normative budget standards to consensual minimum income standards in the UK

Author(s):  
Jonathan Bradshaw

This chapter describes the revival of the fading tradition of minimum income standards for healthy living. It talks about the emerging theoretical frameworks of “basic needs” and “capabilities.” It also draws attention to the growing knowledge about health determinants and international human rights instruments, which helps guide the development of minimum income standards in a more systematic fashion. The chapter reflects on Jonathan Bradshaw's longstanding research career, in which he pioneered budget standards research in the UK, such as promoting the Family Budget Unit and developing the Low Cost but Acceptable and Modest but Adequate standards. It also describes the development of the Minimum Income Standards approach and its subsequent applications in the UK.

2021 ◽  
Vol 194 ◽  
pp. 1-28

1Human rights — Rights of women — Rights of the child — Religious and customary law — Minimum age for marriage of girls — Right to consent to marriage — Right to inheritance for women and children born out of wedlock — Right to non-discrimination for women and children — States’ obligation to eliminate traditional and cultural practices harmful to rights of women and children — Whether Mali’s Law No 2011-087 on Code of Persons and the Family violating international human rights instruments ratified by respondent StateRelationship of international law and municipal law — Treaties — Human rights treaties — Articles 2(2), 6(a) and (b), and 21(2) of Protocol to African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, 2003 — Articles 1(3), 2, 3, 4 and 21 of African Charter on the Rights and Welfare of the Child, 1990 — Articles 5(a), 16(1) (a) and (b) of Convention on the Elimination of All Forms of Discrimination against Women, 1979 — Malian law — Religious and customary law — Islamic law — Whether Mali’s Law No 2011-087 on Code of Persons and the Family violating international human rights instruments ratified by respondent StateInternational tribunals — Jurisdiction — African Court on Human and Peoples’ Rights — Material jurisdiction — Whether case relating to violation of human rights under African Charter on Human and Peoples’ Rights, 1981 — Admissibility of application — Exhaustion of local remedies — Whether application filed within reasonable time — Whether Court having jurisdiction to hear case


2016 ◽  
Vol 25 (6) ◽  
pp. 716-740 ◽  
Author(s):  
Catherine O’Rourke

It is frequently claimed that the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is more significant for the cultural, rather than legal, work that it does in reframing locally contested gender issues as the subject of international human rights. While this argument is well developed in respect of violence against women, CEDAW’s cultural traction is less clear in respect of women’s right to access safe and legal abortion. This article examines the request made jointly by Alliance for Choice, the Family Planning Association Northern Ireland and the Northern Ireland Women’s European Platform to the CEDAW Committee to request an inquiry under the CEDAW Optional Protocol into access to abortion in the jurisdiction. The study found that the CEDAW framework was useful in underpinning alliances between diverse pro-choice organizations but less effective in securing the support of ‘mainstream’ human rights organizations in the jurisdiction. The article argues that the local cultural possibilities of CEDAW must be understood as embedded within both the broader structural gendered limitations of international human rights law and persistent regressive gendered sub-themes within mainstream human rights advocacy.


Author(s):  
Fox Hazel ◽  
Webb Philippa

This chapter distinguishes the plea of State immunity from the related but different concepts of act of State and non-justiciability, focusing on the approaches taken in the UK and the US. While the doctrines of act of State and non-justiciability will normally work in the same direction as the plea of State immunity to prevent examination of the validity of a foreign State's acts, practice shows that in proceedings between private parties the court may set aside its usual respect for other States' jurisdiction where the acts of the foreign State constitute a fundamental breach of international human rights or other clearly established international law, whereas it will show hesitation in a direct suit to rule against the foreign State defendant.


2020 ◽  
Vol 2 (XX) ◽  
pp. 77-88
Author(s):  
Małgorzata Myl

Family, as a fundamental and natural group unity of society, has a special status both under a national law and under international regulations. The right to family life has been recognized as one of the basic human rights. States are obliged to respect the family life and to refrain from an arbitrary or unlawful interference in the life. In addition, States have obligations to adopt appropriate legal measures aimed at protecting everyone’s private and family life. Social changes should be taken into account during the implementation of States’ obligations (including changes in the family life model, eg. moving away from the ‘traditional’ concept of family as marriage of woman and man and their children). In the text it is presented an overview of how the concepts of family and family life are understood under the international human rights law. Then, the practice of the European and Inter-American human rights bodies was analyzed in relation to the protection of family life. The text is also an attempt to address the question whether people remaining in family models other than ‘traditional’ create the family life and whether the life in protected under the international human rights law.


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