scholarly journals Topical issues of ensuring human rights on digital platforms

2021 ◽  
Vol 15 (4) ◽  
pp. 532-541
Author(s):  
Snezhana V. Simonova
Keyword(s):  
Human Rights ◽  
Freedom Of Speech ◽  
Security And Privacy ◽  
Constitutional Rights ◽  
International Human Rights Law ◽  
Privacy Rights ◽  
Human Rights Law ◽  
Legal Practice ◽  
Digital Platforms ◽  
The Status

The article deals with the constitutional understanding of the place modern Internet platforms play in ensuring human rights. Some problematic aspects of the topic are illustrated through the lens of Russian and foreign legal practice, which has developed in connection with the functioning of wellknown digital platforms and promotion of information rights, digital security and privacy rights, freedom of speech within the boundaries of popular social networks, video hosting platforms, online services. Particular attention is paid to the analysis of the latest novelties of Russian legislation aimed at regulating the status and new grounds for responsibility of digital platforms. The cornerstone question proposed by the author for discussion is the question of the best model of interaction between the state and digital platforms, as well as the conditions and limits of their responsibility for violations of human rights. The article analyzes the problem of inconsistency of terms of services with generally recognized standards of international human rights law, examines options for unifying the platform’s policies in relation to the content published on them, examines the phenomenon of “refusal of constitutional rights by contract”. Taking into account the deduced features of digital platforms as a space for the realization of human rights, the author’s view of the system of legal measures aimed at improving the standards of protecting human rights on digital platforms, is proposed as conclusions.

scholarly journals Referencing International Human Rights Law In Indonesian Constitutional Adjudication

2018 ◽  
Vol 4 (2) ◽  
pp. 249
Author(s):  
Bisariyadi Bisariyadi
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Status ◽  
International Human ◽  
Constitutional Adjudication

The power of the Indonesian Constitutional Court to review laws is a constitutional adjudication process. It is a forum to resolve constitutional issues where a citizen can challenge Law that has injured his rights. The Court's reasoning provides audiences with the debates for its deliberation. Audiences may find reference to the international human rights law. It is an interesting practice. However, there is no studies yet about the information on the statistic of the Court made reference to international human rights law. As such, this study aims to identify reference to international human rights law in the Court's decision on judicial review cases from 2003 to 2016. Additionally, this study also aims to answer the question of what underlies the Court to made reference to international human rights law. As many studies show, the objective of Constitutional Court's references to the international human rights law is to strengthen constitutional rights protection. Nonetheless, the Court did not pay any interests to the global agenda of transnational constitutionalism or a convergence of rights and legal pluralism. The article is divided into 5 (five) sections, commencing with the introduction. The second part discusses the status of international human rights law in Indonesia. As the third presents information on Court's decision which cited international human rights law. Then, the fourth presents typical function of the decision that made reference to international human rights law. It concluded that the practice of referring to international law demonstrates the open attitude of Indonesian constitutional justices to the universal nature of fundamental rights.

Thinking Allowed in the Academy

2020 ◽  
Vol 39 (1) ◽  
pp. 117-146
Author(s):  
Paul Taylor
Keyword(s):  
Human Rights ◽  
Academic Freedom ◽  
Freedom Of Speech ◽  
Academic Community ◽  
International Standards ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
Model Code ◽  
Institutional Power

The recent Review of Freedom of Speech in Australian Higher Education Providers (‘the Review’), overseen by the Hon Robert French AC, identified areas for improving freedom of speech and academic freedom, and to that end proposed the adoption of umbrella principles embedded in a Model Code. The Review’s engagement with international human rights law standards was confined, even though many are binding on Australia. As universities consider implementing the Review’s recommendations, this article reflects on the Model Code in the light particularly of  the standards established by the International Covenant on Civil and Political Rights (‘ICCPR’). If the drafters of the Model Code had paid closer regard to the ICCPR and other international standards, the result may have been a scheme that more clearly and predictably distinguishes permissible from impermissible restriction on free speech and academic freedom, and gives greater priority to promoting the human rights of those in the academic community than to the institutional power to limit them.

scholarly journals International Human Rights in Canada: At the Juncture of Law and Politics

2013 ◽  
Vol 41 (1) ◽  
pp. 1-15 ◽  
Author(s):  
Faisal Bhabha
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Access To Justice ◽  
Supreme Court Of Canada ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Law And Politics ◽  
The Status ◽  
International Human

Thank you for the opportunity to address the very timely topic of international human rights law from the Canadian perspective. As my title suggests, my analysis of this topic sits at the intersection of law and politics, as so much of international law necessarily does. I will proceed in three parts. First, I will provide a sketch of the political context, drawing from recent events and trends, to describe a conflicted official government approach to international human rights. Next, I will examine the formal legal status of international human rights law in Canada, drawing selectively from key Supreme Court of Canada decisions. This will be far from a comprehensive account. Finally, I will discuss the recent adoption of the newest international human rights treaty, the disability convention, and discuss calls to promote access to justice at the international level for breaches of Convention norms domestically. Notwithstanding important efforts to advance the status of international human rights law in Canada, my overall observation is that, in both law and politics, the Canadian approach to international human rights is predominantly inward looking.

Human Rights and the Arctic

2009 ◽  
Vol 1 (1) ◽  
pp. 233-243
Author(s):  
Gudmundur Alfredsson
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
The Arctic ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Independent State ◽  
The Status ◽  
Recent Developments ◽  
The Many ◽  
The Right

Abstract This article surveys some of the many international human rights law issues that come up in connection with the Arctic, such as the rights of indigenous peoples and the formulation of these rights in a draft Nordic Sami Convention. The focus, however, is on recent developments concerning the status of Greenland as a result of an agreement concluded in 2008 between the Danish and Greenlandic authorities. This agreement foresees not only a significant increase in self-government but also opens the door for the Greenlandic people to create an independent State through the exercise of the right to external self-determination as a matter of political decolonisation of an overseas colonial territory.

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.

The Idea of International Human Rights Law

2019 ◽  
pp. 189-204
Author(s):  
Steven Wheatley
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Legal Practice ◽  
International Human Rights ◽  
Moral Concept ◽  
International Human ◽  
The United Nations

Chapter 7 summarizes and clarifies the argument in the book, explaining the distinctive nature of International Human Rights Law. It reminds us that states invented human rights in 1945 with the inauguration of the United Nations Charter. They explained the meaning of the term ‘human rights’ three years later with the adoption of the Universal Declaration of Human Rights, although the concept evolved in a radically different direction than originally expected as states responded to events in apartheid southern Africa. The central insight of this final chapter is that the moral concept of human rights, which emerges from the legal practice, then influences the legal practice. We see this with the introduction, without debate, of the system of Universal Periodic Review, in the pro homine approach to the interpretation of human rights treaties, and in the modern methodology for customary international law formation, which looks first to the communication acts of the United Nations General Assembly. The book concludes by showing how the influence of the idea of human rights on the legal practices can explain the fragmentation of international law and, relatedly, the special nature of International Human Rights Law.

Djamel Ameziane v. U.S.A., Report No. 29/20, Case 12.865 Merits, (Inter-Am. Comm'n H.R.)

2020 ◽  
Vol 59 (6) ◽  
pp. 941-1012
Author(s):  
Christina M. Cerna
Keyword(s):  
United States ◽  
Human Rights ◽  
The United States ◽  
Constitutional Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
Optional Protocol ◽  
International Body ◽  
The Right

On April 22, 2020, the Inter-American Commission on Human Rights (Commission) issued its first decision on one of the Guantanamo detainees, Djamel Ameziane, an Algerian Muslim who was held at Guantanamo for almost 12 years until he was deported to Algeria in 2013, in violation, inter alia, of the principle of non-refoulement. The case was brought on Mr. Ameziane's behalf by the Center for Constitutional Rights (CCR) and the Center for Justice and International Law (CEJIL), and the decision is very comprehensive and carefully written, as is to be expected of a decision totaling 70 pages. Although the United States became a party to the UN Covenant on Civil and Political Rights in 1992, it never accepted the first Optional Protocol, which gives individuals the right to bring complaints against the United States before the U.N. Human Rights Committee; consequently, the only international body to which an individual can bring a complaint against the United States for a violation of international human rights law is the Inter-American Commission on Human Rights, a principal organ of the Organization of American States (OAS).

scholarly journals PERFORMATIVE HATE SPEECH ACTS. PERLOCUTIONARY AND ILLOCUTIONARY UNDERSTANDINGS IN INTERNATIONAL HUMAN RIGHTS LAW

2019 ◽  
pp. 105-132
Author(s):  
ALESSANDRO DI ROSA
Keyword(s):  
Human Rights ◽  
Speech Acts ◽  
Hate Speech ◽  
Freedom Of Speech ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Philosophical Foundations ◽  
Liberal Conception ◽  
Current Trends

The first part of this work analyses the concept of hate speech and its legal-philosophical foundations linked to freedom of speech, through the use of tools provided by current trends in the theory of performativity. The second part, in turn, aims to suggest two possible perspectives on the translation of these philosophical demands into positive legislation within human rights law: the first one based on a liberal conception of freedom as non-interference and a perlocutionary understanding of performative speech acts; the second one adopting a neo-republican interpretation of freedom as non-domination and an illocutionary understanding of speech acts. Finally, the work aims to critically sift through the application of the theory of performativity to the legal definitions that hate speech has acquired within this context.

scholarly journals PERLINDUNGAN HUKUM HAK ASASI MANUSIA INTERNASIONAL TERHADAP IMIGRAN SURIAH

Yustitia ◽  
2021 ◽  
Vol 7 (2) ◽  
pp. 148-158
Author(s):  
Mentari Jastisia
Keyword(s):  
European Union ◽  
Human Rights ◽  
Asylum Seekers ◽  
European Convention ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Status ◽  
International Human

Immigrants are people who have fled from their country to other countries where they can be referred to as refugees or asylum seekers. There are legal instruments that regulate and provide protection for them. Arrangements for asylum seekers are contained in the 1967 Declaration of Territorial Asylum, State practice, humanitarian issues, Declaration of Human Rights (UDHR). Meanwhile, the arrangements for refugees are contained in the Convention Relating to the Status of Refugees 1951, Protocol relating to the status of Refugees 1967, International Covenant on Civil and Political Rights (ICCPR). This papers uses a normative juridical method. This juridical approach is because this research analyzes existing legal aspects, and is normative because this research focuses more on the analysis of existing laws and regulations and other regulations, using secondary data, namely scientific references or other scientific writings as study material that can support the completeness of this scientific papers. Regarding legal protection for Syrian immigrants, the same applies to immigrants from other state as regulated in the arrangements that have been regulated. Countries in the European Union implement international human rights law protections for Syrian immigrants residing in European Union countries consistently as mandated in the European Convention on Human Rights, Convention applying the Schengen Agreement dated June 14, 1985, Lisbon treaty, Dublin II Regulation (Council Regulation (EC) 343/2003) 2003. The indication is that there are several countries in the European Union such as Greece, Hungary which refuse and do not want to take more responsibility for their obligations as a State related to the provisions of international human rights law to provide protection for Syrian immigrants. in Europe

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