scholarly journals Possibilities and Limits of the Safeguarding of Intangible Cultural Heritage with the International System of Human Rights Protection

Legal Concept ◽  
2018 ◽  
pp. 133-145
Author(s):  
Gunay Aliyeva ◽  
Keyword(s):  
Human Rights ◽  
Cultural Heritage ◽  
International System ◽  
Intangible Cultural Heritage ◽  
Human Rights Protection ◽  
Rights Protection

Part II Substantive Aspects, Ch.4 Intentional Destruction of Cultural Heritage

2020 ◽  
Author(s):  
Lenzerini Federico
Keyword(s):  
Human Rights ◽  
Cultural Heritage ◽  
International Law ◽  
International Community ◽  
Cultural Groups ◽  
Special Significance ◽  
Customary International Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Cultural Heritage

This chapter focuses on the practice of deliberate destruction of cultural heritage, which has represented a plague accompanying humanity throughout all phases of its history and has involved many different human communities either as perpetrators or victims. In most instances of deliberate destruction of cultural heritage, the target of perpetrators is not the heritage in itself but, rather, the communities and persons for whom the heritage is of special significance. This reveals a clear discriminatory and persecutory intent against the targeted cultural groups, or even against the international community as a whole. As such, intentional destruction of cultural heritage, in addition of being qualified as a war crime, is actually to be considered as a crime against humanity. Furthermore, it also produces notable implications in terms of human rights protection. Protection of cultural heritage against destruction is today a moral and legal imperative representing one of the priorities of the international community. In this respect, two rules of customary international law exist prohibiting intentional destruction of cultural heritage in time of war and in peacetime.

European Court of Human Rights

2003 ◽  
Vol 40 ◽  
pp. 309-322 ◽  
Author(s):  
Luzius Wildhaber
Keyword(s):  
Human Rights ◽  
Separation Of Powers ◽  
International System ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Recent Developments ◽  
Protection Of Human Rights ◽  
Evolutionary Interpretation

SummaryThe aim of the European Court of Human Rights is to bring about a situation in which individuals are able to get effective guarantees of their rights within their national legal systems. With this in mind, the author reviews some of the recent developments in cases before the court relating to evolutionary interpretation of the provisions of the convention, the role of the separation of powers in ensuring the protection of freedoms under the Convention for the Protection of Human Rights and Fundamental Freedoms, and the notion of human dignity within the convention framework. The author also considers the growing case load before the court and the need for reform and concludes by pointing out that the European system is the most effective international system yet for securing human rights protection.

scholarly journals Human rights violation: Responsibility of international organizations or of their member states

2012 ◽  
Vol 64 (4) ◽  
pp. 507-527
Author(s):  
Jelena Stojsic
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
International System ◽  
Member States ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Indirect Control ◽  
European Court ◽  
International Instruments ◽  
Human Rights Violation

Although international organizations as subjects of international law are obliged to respect fundamental human rights in their acting, a very small number of them are contracting parties to international instruments for human rights protection, unlike their member states, which are contracting parties to many of them. As international organizations take more and more activities that can and often result in violation of human rights there is an obvious problem to what forum victims of those violations can turn to for determining responsibility of the international organization. The European Court of Human Rights and the European Court of Justice have developed through their practices modalities for indirect control of acts of international organizations by controlling the acts of their member states, which result from their duties as members of those organizations. The paper assumes that such control is efficient and that it fills the void in the international system of determining responsibility for violation of human rights through acts of international organizations according to which, the states basically keep on being responsible for violation of human rights.

The Congo Free State, Atrocity Tales, and Human Rights History

2020 ◽  
pp. 9-37
Author(s):  
Derrick M. Nault
Keyword(s):  
Nineteenth Century ◽  
Human Rights ◽  
International System ◽  
Modern Human ◽  
Free State ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Congo Free State ◽  
Human Rights Norms ◽  
Human Rights History

Chapter One, which explores the colonial roots of human rights, suggests that ideas resembling modern human rights first emerged in the 1890s in response to atrocities in the Congo Free State. It shows that as reports of horrific abuses of Africans under Belgian King Leopold II’s rule circulated worldwide, a shocked international community, using language and concepts resembling contemporary human rights discourses, was stirred to challenge violations of Africans’ rights, propose ways to prevent future infractions, and demand punishments for perpetrators of mass atrocities. While these nineteenth-century visions of human rights did not immediately lead to an international system of human rights protection, the chapter suggests that they nonetheless represented an important precedent for contemporary human rights norms and institutions.

scholarly journals Droit d'asile et nouvel ordre mondial - crispations sur la frontière : l'envers de la globalisation

2005 ◽  
Vol 25 (1) ◽  
pp. 91-116 ◽  
Author(s):  
Sylvie Perras
Keyword(s):  
Human Rights ◽  
International System ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Major Threat ◽  
Communist Ideology ◽  
Democratic Systems ◽  
The Right ◽  
Contemporary Context ◽  
Different Parts

The fail of communist ideology and the subsequent breaking up of the old empire has allowed an acceleration of the process of world wide exchange liberalization. Population flow adapts itself to the movement naturally, helped by the development of communications, transportation and transnational networks in different parts of the industrialized world. Conflicts, wars, human rights violations and non democratic Systems also contribute extensively to increase the south-north migratory pressures. This contemporary context has led the international community to consider international migrations to be a major threat to world stability and global security. In this context, the right to seek and to enjoy a safe haven becomes a mere illusion. The survival of the right of asylum is linked to the recognition of the failure of the actual international System. The reality of today's refugee movement calls for new types of solidarities and cooperation which should be inspired by the principles of democracy and human rights protection.

scholarly journals DALLE COSE D’ARTE ALL’INTANGIBLE CULTURAL HERITAGE PERCORSI DI “DEMATERIALIZZAZIONE” (ANCHE) GIURIDICA

2018 ◽  
Author(s):  
Elisabetta Fusar Poli
Keyword(s):  
Cultural Heritage ◽  
Cultural Value ◽  
Intangible Cultural Heritage ◽  
International Level ◽  
Cultural Goods ◽  
Human Rights Protection ◽  
Cultural Rights ◽  
Rights Protection ◽  
History Of ◽  
Heritage Protection

In the history of (not only national) law protection of cultural heritage,“immateriality” acquires specific significance with regard to at least two perspectives.From one “static” side, which is coessential to “cultural goods”: the intrinsic aestheti-cal-cultural value, detectable since the origins at least in its identity declination. Fromthe other “dynamic” side, typical of the contemporary age: the progressive extension togoods without a corpus, tangible substance, of the category of “cultural goods” consid-ered worth of protection (in a de-reification direction). Both of these two profiles havesignificant impacts on the juridical sphere, in particular on the normative choices aimedat the (national and global) cultural heritage protection. There’s a major example of thisrelevance: the so called “intangible cultural heritage” shaped at an international level(UNESCO), whose safeguarding should be included among the aims of the human rights protection, sharpening the dialectic between individual and collective dimen-sions of “cultural rights”.

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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