Progress and Human Rights Justice as Evaluating Criteria for Global Developments

2020 ◽  
Vol 2019 (4) ◽  
pp. 241-254
Author(s):  
Georg Lohmann
Keyword(s):  
Human Rights ◽  
Political Participation ◽  
Final Section ◽  
Precise Definition ◽  
Social Rights ◽  
Political Rights ◽  
International Human Rights ◽  
Critical Understanding ◽  
International Human ◽  
Definition Of

AbstractThe paper clarifies first a critical understanding of “progress”. Progress implies a development for the better, the comprehensive definition of which must be a conception of justice if progress is to justify global developments and political rule. Therefore a somewhat minimal but complex definition of “human rights justice”, as formulated in the international human rights pacts since 1948, is explained. Through this, the different but systematically interrelated human rights (liberty rights, justice rights, political rights, economic, cultural and social rights) can allow for reflected and more comprehensive assessments of progress in different areas of development. But it is also necessary to integrate the specific progress developments into a comprehensive conception of human rights justice, the precise definition of which requires not only the observance of social but ultimately of all human rights, and in particular political participation rights. In the final section some problems of this approach will be discussed.

The International Convention for the Protection of All Persons from Enforced Disappearance, as a Victim-Oriented Treaty

2018 ◽  
Author(s):  
Emmanuel Decaux
Keyword(s):  
Human Rights ◽  
Precise Definition ◽  
Crimes Against Humanity ◽  
International Human Rights ◽  
International Convention ◽  
International Human ◽  
Definition Of ◽  
The Right

The chapter is a presentation of the newest international human rights treaty, which entered into force in 2010. It is a very innovative and modern instrument, with a precise definition of the victim of a crime of enforced disappearance, as an autonomous crime, and a broad codification of the ‘right to truth, to justice and to reparation’ enshrined in article 24 of the treaty. As the ILC is working on the draft of an international convention for the prevention of crimes against humanity, it is important to avoid watering down the key legal progress enshrined in the International Convention for the Protection of All Persons from Enforced Disappearance.

Prologue

2019 ◽  
pp. 23-36
Author(s):  
Henry J. Steiner
Keyword(s):  
Human Rights ◽  
Social Rights ◽  
International Human Rights ◽  
State Constitutions ◽  
International Human ◽  
Definition Of ◽  
The Right

What kinds of limits on observance or enforcement of international human rights inform this field? What, why, and how do they limit? This chapter explores the variety of these limits through three illustrations. (1) The very treaty definition of the right may set forth justifications for limiting its application. (2) A comparison of international human rights with more traditional treaty subjects like trade or commerce suggests the distinctive problems in trying to ensure that treaty parties observe their commitments to respect rights. Such difficulties limit and lengthen the processes of enforcement of rights. (3) Economic and social rights draw growing attention in a number of states, either by their incarnation in a leading Covenant or by their influence in state constitutions. Current debates inquire as to whether courts can play a larger role in their enforcement, or whether traditional notions of democracy may block certain types of recourse to the judiciary and thus limit paths towards enforcement.

scholarly journals THE MEANING AND SCOPE OF ‘ASSEMBLY’ IN INTERNATIONAL HUMAN RIGHTS LAW

2020 ◽  
Vol 69 (3) ◽  
pp. 521-556
Author(s):  
Michael Hamilton
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
International Human Rights ◽  
Virtual Spaces ◽  
International Human ◽  
Civil And Political Rights ◽  
Definition Of ◽  
The Right

AbstractInformed by the ‘assembly’ jurisprudence of the United Nations Human Rights Committee, this article addresses fundamental questions about the meaning and scope of ‘assembly’ in Article 21 of the International Covenant on Civil and Political Rights (ICCPR). In seeking to determine when the right of peaceful assembly might properly be engaged, the article explores the interrelationship of assembly with expression and association and proposes a definition of ‘assembly’—for the purposes of its protection—as ‘an intentional gathering by two or more people (including in private and online/virtual spaces)’. Such definitional reflection is particularly timely in light of the Human Rights Committee's drafting of General Comment No 37 on Article 21.

Sanitation

2019 ◽  
pp. 13-46
Author(s):  
Catarina de Albuquerque
Keyword(s):  
Human Rights ◽  
Final Section ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Definition Of ◽  
The Right

This chapter analyses the right to sanitation from a human rights perspective. It provides an understanding of when, how, and why the right to sanitation originated in the international human rights arena and how it has developed under international human rights law. It begins by highlighting the enormity of the sanitation crisis, briefly examines existing definitions of sanitation, and goes on to explain the inextricable links between sanitation and a wide variety of human rights. The final section offers a definition of sanitation in human rights terms and explores the scope and content of human rights obligations related to sanitation. The conclusion emphasizes the need to further focus on steps that will make the right to sanitation a reality particularly for the most stigmatized and marginalized in society.

The Domestic Protection and Promotion of Human Rights under the 1995 Ugandan Constitution

2002 ◽  
Vol 20 (4) ◽  
pp. 445-483 ◽  
Author(s):  
Manisuli Ssenyonjo
Keyword(s):  
Human Rights ◽  
Political System ◽  
Social Rights ◽  
Political Rights ◽  
Bill Of Rights ◽  
State Party ◽  
International Human Rights ◽  
Party Government ◽  
Cultural Rights ◽  
International Human

This article examines the domestic constitutional framework for protection and promotion of human rights in Uganda. It considers the historical evolution of Uganda's Bill of Rights in the context of Uganda's history, which has been characterised by gross human rights violations. It observes that in 1986 Museveni under his ‘Movement’ or ‘no-party’ government declared a period of ‘fundamental change’, but argues that despite some positive aspects, the change as related to the protection and promotion of human rights has been far from being ‘fundamental’. It contends that, although the 1995 Ugandan Constitution attempts to protect human rights, the constitutional restrictions on civil and political rights and the relegation of most economic and social rights as ‘directive principles' coupled with elastic executive powers together with the ‘no-party’ political system undermine the effective protection and promotion of civil, political as well as economic, social and cultural rights. The article concludes by calling for a democratic constitutional reform representative of all interest groups, judicial activism on the part of the Ugandan Judiciary and Human Rights Commission and developing a culture of constitutionalism in Uganda to give effect to the indivisible and interdependent nature of all human rights in accordance with Uganda's international human rights obligations as a State party to the two international human rights covenants on civil and political as well as economic, social and cultural rights.

Influence of the ICCPR in Asia

2018 ◽  
Author(s):  
Yogesh Tyagi
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
International Human Rights ◽  
Factors Affecting ◽  
Judicial Discourse ◽  
International Human ◽  
Golden Jubilee ◽  
Civil And Political Rights ◽  
The Impact

The golden jubilee of the International Covenant on Civil and Political Rights (ICCPR) coincides with the emergence of Asia as a centre of global attention. However, greater attention to Asia has been accompanied by some scepticism over its attitude towards human rights. The chapter provides an overall assessment of the impact of the ICCPR on the major Asian States, with an analysis of the factors affecting such influence. The chapter considers the involvement in, observance of, and compliance with the provisions of the ICCPR by these States. It further delves into the academic and judicial discourse on the ICCPR within these States, recording the domestic disposition towards judgments of foreign courts, the output of the Human Rights Committee, and the work of other international human rights bodies. It makes suggestions for developing mechanisms to improve the effectiveness of the ICCPR and for creating databases to perform further research in the area.

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.

21. Indigenous peoples’ and minority rights

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Minority Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Minority Status ◽  
Human Rights Law ◽  
International Human Rights ◽  
Minority Protection ◽  
International Human

This chapter examines the scope and application of indigenous peoples’ rights and minority rights in international human rights law. It discusses the recognition of the need for minority protection in the drafting of the International Bill of Human Rights; analyses the provisions of Art 27 of the International Covenant on Civil and Political Rights; and describes tests employed to determine minority status. The chapter also considers developments in the protection of minority rights in Europe. The rights of indigenous peoples are also examined.

scholarly journals International Human Rights Law and the Response to the covid-19 Pandemic

2020 ◽  
Vol 11 (2) ◽  
pp. 249-269
Author(s):  
Sarah Joseph
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
International Human Rights ◽  
Cultural Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
Civil And Political Rights ◽  
Do So

Abstract States have duties under Article 12(2)(c) of the International Covenant on Economic, Social and Cultural Rights and Article 6 of the International Covenant on Civil and Political Rights to prevent, control and treat covid-19. Implementation of these three obligations is analysed, taking account of countervailing human rights considerations. Regarding prevention, lockdowns designed to stop the spread of the virus are examined. Control measures are then discussed, namely transparency measures, quarantine, testing and tracing. The human rights compatibility of treatment measures, namely the provision of adequate medical and hospital care (or the failure to do so), are then examined. Finally, derogations from human rights treaties in times of pubic emergency are discussed.

Sign in / Sign up

Export Citation Format

Share Document