scholarly journals Gaygusuz v. Austria: Advancing the rights of non-citizens through litigation

2017 ◽  
Vol 46 (1) ◽  
Author(s):  
Ilker Atac
Keyword(s):  
Human Rights ◽  
Case Studies ◽  
International Human Rights ◽  
Works Councils ◽  
International Court ◽  
Local Actors ◽  
International Human ◽  
The Right

Focusing on migrant rights in Austria, this article illustrates how local actors use courts and litigation as avenues to claim rights for non-citizens. Adding to studies that have stressed the role of the international court in this process, I analyze such changes as a result of the interplay between international human rights frameworks and the capacities of local actors to mobilize resources, knowledge and expertise. This article presents two case studies in Austria, in which the entitlement to unemployment assistance (Notstandshilfe), and the right to stand as a candidate for works councils (Betriebsrat) and for the Chamber of Labour (Arbeiterkammer) were expanded to non-citizens.

The Limits of Law

2020 ◽  
pp. 109-130
Author(s):  
Michelle Jurkovich
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
Right To Food ◽  
International Human ◽  
The Right

This chapter considers the puzzling role of international law around the right to food and examines why the existing law has been unable to generate norms within the advocacy community. It explores the reasons why international anti-hunger organizations rarely legitimate the right to food in legal terms and how this case can challenge the understanding of the relationships between norms, human rights, and law. It also provides a conceptual discussion of the distinction between formal law and norms, underscoring the importance of not conflating the two concepts. The chapter argues that many international anti-hunger organizations still do not conceptualize food as a human right, making international human rights law less relevant. It looks at the hunger case that suggests there is nothing automatic about law generating norms among activists or society at large.

Rules of Engagement and Human Rights Law

2020 ◽  
pp. 185-239
Author(s):  
J.F.R. Boddens Hosang
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
Right To Life ◽  
International Human Rights ◽  
International Human ◽  
The Right

This chapter analyses the interaction between rules of engagement (ROE) and international human rights law. To support the analysis, the chapter first discusses the extraterritorial applicability of international human rights law in the context of international military operations, drawing on the case law of several human rights law bodies. The chapter then discusses the interaction between international humanitarian law (IHL) and international human rights law, including a discussion of the differences in meaning of the concepts of necessity and proportionality in each paradigm. The role of international human rights law in the ROE is discussed, especially regarding the right to life.

The Influence of the Two Covenants on States Parties Across Regions

2018 ◽  
Author(s):  
Samantha Besson
Keyword(s):  
Human Rights ◽  
Domestic Institutions ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Third ◽  
International Human ◽  
Domestic Influence ◽  
Domestic Law

As a companion to the five regional reports in this volume, this chapter’s aim is a double one: first, to bring the comparison up to the regional level, and second, to analyse the international and domestic institutions, procedures, and mechanisms that affect how international human rights instruments influence domestic law. The chapter is therefore both a study in comparative international human rights law and a contribution to its methodology. Its structure is four-pronged. The first section clarifies the aim, object, and method of the comparison. The second section presents a comparative assessment of the Covenants’ domestic influence across regions and develops a grid of comparative analysis. The third section addresses the authority of the Committees’ interpretations of the Covenants, relying on a bottom-up comparative law argument. The fourth section discusses the role of human rights comparison and of regional human rights law in enhancing the legitimacy of the Committees’ future interpretations.

Legal Pluralism, Human Rights and the Right to Vote: The Case of the Noken System in Papua

2021 ◽  
Vol 22 (2) ◽  
pp. 255-286
Author(s):  
Ignatius Yordan Nugraha
Keyword(s):  
Human Rights ◽  
Local Population ◽  
Constitutional Court ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Right To Vote ◽  
The Right ◽  
Legal Pluralist

Abstract The goal of this article is to explore the clash between international human rights law and a legal pluralist framework in the case of the noken system and also to investigate potential solutions to the clash. Elections in Indonesia are generally founded on the principle of direct, universal, free, secret, honest and fair voting. There is a notable exception in the Province of Papua, where tribes in the Central Mountains area are following the noken system. Under this system, votes are allocated to the candidate(s) based on the decision of the big man or the consensus of the tribe. The Indonesian Constitutional Court has accepted this practice as reflecting the customs of the local population. However, this form of voting seems to be contrary to the right to vote under international human rights law, since article 25(b) of the International Covenant on Civil and Political Rights stipulates that elections shall be held genuinely by universal suffrage and secret ballot to guarantee the free will of the electors. Consequently, the case of the noken system in Papua reflects an uneasy clash between a legal pluralist approach and universal human rights.

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