scholarly journals Constitutional Theories, International Legal Doctrines and Jurisprudential Foundation for State of Emergency

2021 ◽  
Vol 8 (1) ◽  
pp. 3-18
Author(s):  
Emmanuel Saffa Abdulai
Keyword(s):  
Human Rights ◽  
Constitutional History ◽  
African Region ◽  
International Human Rights ◽  
State Of Emergency ◽  
States Of Emergency ◽  
West African Region ◽  
History Of ◽  
International Human ◽  
Constitutional Jurisprudence

The conceptualisation of a state of emergency has emerged in the discourse of politics, international human rights and constitutional law as the most potent threat to the full realisation and implementation of constitutional and international human rights. During the ongoing COVID-19 pandemic, state of emergency has become a tool for the violation of fundamental human rights not only in the West African region, but globally. This article seeks to examine the concept of state of emergency in international law and constitutional jurisprudence in order to understand whether recent claims of many governments declaring states of emergency can be justified. This article analyses and reviews the constitutional history of the use of state of emergency in Europe, United States and eventually three West Africa counties in Ghana, Nigeria and Sierra Leone.

18. Human Rights

2017 ◽  
Author(s):  
Michael Freeman
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Cultural Relativism ◽  
Cultural Imperialism ◽  
World War ◽  
International Human Rights ◽  
Human Rights Regime ◽  
The World ◽  
History Of ◽  
International Human

This chapter examines the concept of human rights, which derives primarily from the Charter of the United Nations adopted in 1945 immediately after World War II. It first provides a brief account of the history of the concept of human rights before describing the international human rights regime. It then considers two persistent problems that arise in applying the concept of human rights to the developing world: the relations between the claim that the concept is universally valid and the realities of cultural diversity around the world; and the relations between human rights and development. In particular, it explores cultural imperialism and cultural relativism, the human rights implications of the rise of political Islam and the so-called war on terror(ism), and globalization. The chapter concludes with a discussion of the new political economy of human rights.

Part II Historical and Legal Sources, Ch.12 Social Justice, Rights, and Labour

2013 ◽  
Author(s):  
Diller Janelle M
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Social Rights ◽  
International Labor Organization ◽  
Labour Law ◽  
International Human Rights ◽  
Labour Movement ◽  
International Labor ◽  
History Of ◽  
International Human

This article examines the issues of social justice, social rights, and the international labour movement in relation to international human rights. It traces the history of the emergence of international labour law and describes the action and innovation of the International Labor Organization (ILO). It suggests that the ILO�s structural machinery and guiding principles served as the global reference point for setting and supervising standards on workers� rights, freedoms, and entitlements.

The Oxford Handbook of International Human Rights Law

2013 ◽  
Keyword(s):  
Human Rights ◽  
International Institutions ◽  
Well Being ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
History Of ◽  
Structural Principles ◽  
International Human ◽  
Cultural Origins

This volume explores the principle and history of international human rights law. It addresses questions regarding the sources of human rights, its historical and cultural origins and its universality. It evaluates the effectiveness of procedures and international institutions in enforcing and ensuring compliance with human rights. This volume investigates the underlying structural principles that bind together the internationally-guaranteed rights and provide criteria for the emergence of new rights. It also evaluates whether the international human rights project has made a difference in the lives and well-being of individuals and groups around the world.

Going Forward

2020 ◽  
pp. 319-326
Author(s):  
Aryeh Neier
Keyword(s):  
Eighteenth Century ◽  
Human Rights ◽  
International Human Rights ◽  
The Public ◽  
Human Rights Movement ◽  
History Of ◽  
International Human ◽  
Rights Issues

This chapter traces the history of the international human rights movement back to the anti-slavery movement that took hold in England in the second half of the eighteenth century. It details how the anti-slavery movement was instrumental in securing the abolition of slavery in many countries. It also reviews ways in which the human rights cause became an important force in world affairs in the mid-to-late 1970s. The chapter looks into the favorable development in the recent years for human rights, such as the readiness of a number of leading business corporations to take stands on human rights issues. It also suggests that the progress in the human rights movement is to keep building the public constituency for rights, until the dynamic that resulted in significant improvements that that took place in the 1980s and 1990s is re-created.

Constitutional Rights and their Relationship with International Human Rights in Ghana

2008 ◽  
Vol 41 (3) ◽  
pp. 677-702 ◽  
Author(s):  
A. Kodzo Paaku Kludze
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Past History ◽  
Legal Rights ◽  
Constitutional Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
History Of ◽  
International Human

Particularly in developing nations, the movement has been toward the articulation of elaborate provisions in constitutions which guarantee the basic human and peoples' rights of the citizenry. In many cases these are reflections of the immediate past history of the young nations which were strewn with ugly spectacles of dictatorships on their path to democracy. The history of Ghana is unfortunately an illustrative example. The Ghana Independence Constitution of 1957—a very brief document—was brief to a fault and bereft of any provision for human rights. It is clear that the experience of years of abuse of human, political, and civil rights in Ghana explains many of the current constitutional guarantees of basic rights spelt out in the 1992 Constitution in order to protect citizens against future abuses.In the past, treaty obligations under municipal laws of Ghana were such that even ratification of human rights treaties did not directly confer enforceable legal rights in the domestic courts of Ghana and implementing legislation was necessary to make a treaty right justiciable. In the 1992 Constitution of Ghana, the provisions of the Universal Declaration of Human Rights and of the African Charter on Human and Peoples' Rights, as well as others, are entrenched as constitutional provisions, are to be interpreted as such, and enforceable under the laws of Ghana. To the extent that drafters of the Ghana Constitution relied on the principles of the international human rights law enshrined in treaties and declarations, there are many similarities between the domestic law and some principles of international human rights law.

scholarly journals Some Theoretical, Legal and Practical Issues on Human Rights of Aliens

2018 ◽  
Vol 34 (2) ◽  
Author(s):  
Công Giao Vũ ◽  
Đức Nguyễn Đình
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
History Of ◽  
International Human ◽  
History Of Formation

This paper tries to analize concept “alien” and “rights of aliens”, to explain the differences between “rights of citizen” and “rights of aliens”, the history of formation, development as well as content of rights of aliens in international law and Vietnam law. The authors argue that Vietnam's legislation has made strides in protecting the rights of aliens in comparision of the standards of international human rights law since Vietnamese government published the Constitution 2013, however, there are still gap between the rights of foreigners and citizens which have been not really improved in the context of globalization.

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