scholarly journals The criminal responsibility of children and young people: an analysis of compliance with international human rights obligations in England and Wales

2012 ◽  
Vol 5 (2) ◽  
pp. 107
Author(s):  
Mark Telford
Keyword(s):  
Human Rights ◽  
Young People ◽  
Criminal Responsibility ◽  
International Human Rights ◽  
Children And Young People ◽  
England And Wales ◽  
International Human

scholarly journals Exploring Children’s Understanding of the Legal Rights of Suspects in England and Wales

Youth Justice ◽  
2021 ◽  
pp. 147322542110305
Author(s):  
Vicky Kemp ◽  
Dawn Watkins
Keyword(s):  
Human Rights ◽  
Young People ◽  
Legal Rights ◽  
International Human Rights ◽  
Children And Young People ◽  
England And Wales ◽  
Research Interviews ◽  
International Human ◽  
Points Of View ◽  
Human Rights Standards

While studies have explored adult suspects’ understanding of their legal rights, seldom are the experiences of children and young people taken into account. In this article, we discuss findings arising out of research interviews conducted with 61 children and young people; many of whom have experience of being suspects. From listening to their points-of-view, we find that children and young people fundamentally lack understanding of the rights of suspects, and especially the inalienable nature of those rights. We argue this is not surprising when children are being dealt with in an adult-centred punitive system of justice, which is contrary to international human rights standards.

scholarly journals The Mexican General Law on the Forced Disappearance of Persons, Disappearances Committed by Individuals and the National Missing Persons System: How Many Steps Forward?

2019 ◽  
Vol 12 (1) ◽  
pp. 125
Author(s):  
Salvador Leyva Morelos Zaragoza
Keyword(s):  
Human Rights ◽  
Criminal Responsibility ◽  
Next Of Kin ◽  
International Human Rights ◽  
Missing Persons ◽  
General Law ◽  
Human Rights Treaties ◽  
Chain Of Command ◽  
International Human ◽  
Human Rights Standards

In 2017, more than 40 years after some of the first documented cases of forced disappearance in Mexico, the General Law on the Forced Disappearance of Persons, Disappearances Committed by Individuals and the National Missing Persons System was published. The approval and enactment of the General Law constitutes a step toward ensuring the free and full enjoyment of human rights of victims of forced disappearance and their next of kin, in accordance with the international human rights standards concerning forced disappearances established by international human rights treaties, the Inter- American Court of Human Rights case law, the recommendations issued by the United Nations Committee and Working Group on Forced or Involuntary Disappearances, and the Inter-American Commission on Human Rights. The General Law introduces and modifies institutions, procedures and guidelines that contribute to ensuring the rights to justice, truth and reparation. However, the General Law does not fully comply with international human rights standards regarding military jurisdiction and criminal responsibility within the chain of command. Also, the proper and effective implementation of the General Law requires strong political will and sufficient material and human resources from the three levels of government. Otherwise, the General Law will simply be regarded as a piece of paper.

Reinvigorating Human Rights for the Twenty-First Century

2020 ◽  
pp. 13-58
Author(s):  
Hurst Hannum
Keyword(s):  
Human Rights ◽  
Criminal Responsibility ◽  
Social Progress ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Role Of Government ◽  
Law And Politics ◽  
International Human ◽  
Human Rights Norms

The development of international human rights law ranks among the most significant accomplishments in international relations since 1945. However, the continuing success of human rights is not inevitable, and increasingly expansive calls for new rights or attempts to address all social problems from a human rights perspective may, ironically, undermine their legitimacy. This tendency is evidenced by the conflation of human rights with individual criminal responsibility; justification of the use of force based on appeals to protect human rights and promote democracy; marginalization of the role of government; the proliferation of new rights; and failure to appreciate the inherent flexibility of human rights norms. This chapter calls for returning to the notion of ‘human rights’ as international human rights law and maintaining the distinction between law and morality or law and politics. Recognizing that these concepts are created and enforced differently does not diminish any of them; rather, it reinforces the fact that social progress can only be achieved by appealing to law, politics, and morality, not by promoting human rights as a panacea that can remedy all wrongs.

A Study of the Use of Sharia Law in Religious Arbitration in the United Kingdom and the Concerns That This Raises for Human Rights

2013 ◽  
Vol 15 (3) ◽  
pp. 293-315 ◽  
Author(s):  
Jessie Brechin
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
European Convention ◽  
International Human Rights ◽  
England And Wales ◽  
The United Kingdom ◽  
International Human ◽  
The Uk ◽  
Human Rights Standards

The use of Islamic norms in the determination of arbitration in England and Wales has become a source of great controversy. Concerns are raised for the human rights of vulnerable parties who may be pressured into arbitrations and who may not be treated fairly under the agreed rules of arbitration or by arbitrators themselves. The Arbitration Act 1996 limits the ability to appeal arbitration decisions and as such does not safeguard the rights of these parties. As a signatory to the European Convention on Human Rights the UK is under an obligation to uphold human rights standards domestically, and it is argued that the way in which arbitration on religious norms is currently regulated does not comply with this obligation. This article considers some of the possible adaptations or alterations that could rectify the situation, improving parties' experience of religious arbitration and ensuring that the system remains compatible with international human rights obligations.

Universal declaration of human rights as a source of universal international legal standards of human rights

2020 ◽  
pp. 36-42
Author(s):  
Uliana Kuzenko
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Universal Declaration ◽  
Human Being ◽  
Legal Basis ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Standards ◽  
International Human

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.

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