scholarly journals A POLÍTICA DE DIREITOS HUMANOS GLOBAIS NA ÍNDIA

2014 ◽  
Vol 18 ◽  
pp. 385
Author(s):  
Ajay Gudavarthy ◽  
Gustavo Paulo Leite de Souza
Keyword(s):  
Human Rights ◽  
War On Terror ◽  
Social Groups ◽  
The United States ◽  
Political Rights ◽  
Law And Order ◽  
State Terror ◽  
Global Discourse ◽  
Civil And Political Rights ◽  
The Relationship

Os direitos humanos globais transmitiram significados diferentes no tempo, através das várias formas de mobilização por grupos sociais. A resposta do Estado indiano aos protestos militantes tem atraído especial atenção a partir do discurso global de “guerra ao terror”, que, por sua vez, tem justificado o “terror de Estado” e as violações dos direitos humanos, ressignificando o princípio do Estado de Direito a partir da justificativa de manutenção da lei e da ordem. Neste trabalho, são discutidos elementos justificadores da relação existente entre a política de “guerra contra o terror” norte-americana e o recrudescimento dos direitos civis e políticos na Índia.Palavras-chave: Direitos humanos globais, guerra ao terror, Índia.THE GLOBAL HUMAN RIGHTS POLICY IN INDIAAbstract: The global human rights conveyed different meanings over time, through various forms of mobilization by social groups. The Indian State's response to the protests Indian militants has attracted special attention from the global discourse of "war on terror", which, in turn, has justified the "state terror" and violations of human rights, giving new meaning to theprinciple of State of Law from the justification of maintaining law and order. In this paper, we discuss justifiers’ elements of the relationship between the current "war on terror" policy in the United States and the resurgence of civil and political rights in India.Keywords: Global human rights, war on terror, India

25. Results and Prospects

2020 ◽  
pp. 681-694
Author(s):  
Bernadette Rainey ◽  
Pamela McCormick ◽  
Clare Ovey
Keyword(s):  
Human Rights ◽  
Formal System ◽  
Legal Protection ◽  
Political Rights ◽  
European Standard ◽  
Rights Protection ◽  
Civil And Political Rights ◽  
Climate Crisis ◽  
The Relationship

This chapter sums up the key findings of this study on the Convention on Human Rights (ECHR). It suggests that the principal achievement of the Convention has been the establishment of a formal system of legal protection available to individuals covering a range of civil and political rights which has become the European standard. The chapter highlights the measures taken by the Court to decrease its caseload and increase its efficiency in dealing with applications. It also highlights the contemporary challenges facing the Court, including the relationship between States and the Court, the challenge of the rise of authoritarian governments, and the threats to rights protection from the climate crisis.

The History of the Covenants

2018 ◽  
Author(s):  
Maya Hertig Randall
Keyword(s):  
Human Rights ◽  
Cold War ◽  
Political Rights ◽  
Cultural Rights ◽  
History Of ◽  
Civil And Political Rights ◽  
The Cold War ◽  
Acid Test ◽  
The Relationship ◽  
Domestic Level

Translating the UDHR into a binding treaty ‘with teeth’ was an acid test for the international community. This chapter places the genesis of the ICESCR and the ICCPR in its political context. It highlights the interlocking challenges of the Cold War and of decolonization and also underscores disagreement among allied nations as well as attempts to ‘export’ the domestic conception of human rights. Three issues central to completing the International Bill of Human Rights are analysed: (1) identification of the rights to be included; (2) States’ obligations to give effect to human rights on the domestic level; and (3) international supervision mechanisms. These issues are closely related to the decision to divide human rights into two Covenants. In tracing the major controversies and decisions reached, light is also cast on the relationship and characteristics of civil and political rights and economic, social, and cultural rights, as understood at the time.

Extradition as the Violation of Human Rights. The Jurisprudence of the International Covenant on Civil and Political Rights

1996 ◽  
Vol 14 (1) ◽  
pp. 23-33 ◽  
Author(s):  
Margaret De Merieux
Keyword(s):  
United States ◽  
Human Rights ◽  
The United States ◽  
Significant Part ◽  
Political Rights ◽  
State Party ◽  
The Future ◽  
The Subject ◽  
Civil And Political Rights

The decision of the Human Rights Committee in Kindler vs. Canada1 marked its first substantive decision on the subject of the violation of human rights under the International Covenant on Civil and Political Rights (ICCPR) consequent upon extradition by a State Party, and making the extradition itself a violation of Covenant obligations. Two cases have followed — Chitat Ng vs. Canada2 and Cox vs. Canada.3 The requesting State in all cases was the United States and given the increase in the numbers of requests for extradition between Canada and that country, from 29 in 1980 to 88 in 1992 and the enthusiasm of Canadian lawyers for proceedings before the Committee, ‘litigation’ in this area is likely to form a significant part of the Committee's work in the future. The ensuing comment analyses the decisions and the issues raised.

Human Rights

Criminology ◽  
2009 ◽  
Author(s):  
Jay S. Albanese
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Civil Rights ◽  
The United States ◽  
Social Philosophy ◽  
Political Rights ◽  
Human Beings ◽  
Civil And Political Rights ◽  
The Right ◽  
Criminology And Criminal Justice

The concept of human rights is an old idea, but its application to criminology and criminal justice is fairly new. Human rights are those rights seen as being fundamental freedoms to which all human beings are entitled. In the United States, they are referred to as civil rights, most of which are enumerated in the U.S. Constitution’s Bill of Rights and which include freedom of speech, assembly, privacy, equality before law, and other civil and political rights. Other countries have similar lists of rights guaranteed to all citizens. The notion of human rights goes beyond civil and political rights, however, and also commonly includes the right to opportunities for work, education, and fair treatment in all aspects of life. Writings on human rights cover centuries, consisting of many works of political and social philosophy that provide the basis for natural and individual rights in the face of the greater power of governments. Many of these classic works are summarized in other reference works, such as The Encyclopedia of Human Rights and The Oxford Handbook of Political Theory, both cited in this entry. This guide to sources focuses on contributions to human rights literature and their connections to criminology and criminal justice.

The United States and human rights

1985 ◽  
Vol 11 (1) ◽  
pp. 73-89
Author(s):  
Christopher Brewin
Keyword(s):  
United States ◽  
Human Rights ◽  
The United States ◽  
General Assembly ◽  
Social Rights ◽  
Political Rights ◽  
Bill Of Rights ◽  
Related Concept ◽  
Un General Assembly ◽  
Civil And Political Rights

These excellent books mark the reception in American thinking of the doctrine that economic and social rights (Shue, Brown/Maclean, Hoffmann, Vogelgesang, Falk) are at least as important as the civil and political rights of Henkin's ‘International Bill of Rights’. The English contribution to this literature, the collection of documents edited by Brownlie, makes no distinction between sets of rights; and by reprinting work by Prebisch and Figueres, Brownlie promotes the thesis that development and human rights go together. However, it is worth noticing that all these authors ignore the efforts by the majority of countries in the UN General Assembly and the Commission on Human Rights to assert the related concept of rights to development, notably in GA Resolution 32/130 (1977).

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.

Remarks by Bert Lockwood

1973 ◽  
Vol 67 (5) ◽  
pp. 82-86
Author(s):  
Bert Lockwood ◽  
Beatrice Brickell
Keyword(s):  
United States ◽  
Human Rights ◽  
Political Process ◽  
The United States ◽  
International Justice ◽  
The Political ◽  
Political Rights ◽  
Southern Rhodesia

I would like to address myself to international outlaws and what domestic procedures are available to arrest their activities. While at first glance the nexus between domestic justice and international justice may seem tenuous, I wonder: Is it surprising that the same administration that is so insensate over the deprivation of the human rights of blacks in Southern Rhodesia is the same administration that proclaimed early in its tenure that if you have seen one slum you have pretty much seen them all, and hasn’t visited another since? Is it surprising that the same administration that evidences so little concern over the political rights of the majority in Rhodesia is the same administration that “bugs” and sabotages the political process within the United States?

The Economic and Political Determinants of Human (Including Health) Rights

1978 ◽  
Vol 8 (1) ◽  
pp. 145-168 ◽  
Author(s):  
Vicente Navarro
Keyword(s):  
Human Rights ◽  
Power Relations ◽  
Political Power ◽  
Political Rights ◽  
Individual Property ◽  
Socioeconomic Rights ◽  
Civil And Political Rights ◽  
Fair Wages ◽  
The Right ◽  
The U.S

This paper presents an analysis and critique of the U.S. government's current emphasis on human rights; and (a) its limited focus on only some civil and political components of the original U.N. Declaration of Human Rights, and (b) its disregard for economic and social rights such as the rights to work, fair wages, health, education, and social security. The paper discusses the reasons for that limited focus and argues that, contrary to what is widely presented in the media and academe: (1) civil and political rights are highly restricted in the U.S.; (2) those rights are further restricted in the U.S. when analyzed in their social and economic dimensions; (3) civil and political rights are not independent of but rather intrinsically related to and dependent on the existence of socioeconomic rights; (4) the definition of the nature and extension of human rights in their civil, political, social, and economic dimensions is not universal, but rather depends on the pattern of economic and political power relations particular to each society; and (5) the pattern of power relations in the U.S. society and the western system of power, based on the right to individual property and its concomitant class structure and relations, is incompatible with the full realization of human rights in their economic, social, political, and civil dimensions. This paper further indicates that U.S. financial and corporate capital, through its overwhelming influence over the organs of political power in the U.S. and over international bodies and agencies, is primarily responsible for the denial of the human rights of the U.S. population and many populations throughout the world as well.

ACCIDENT AND DESIGN: RECOGNISING VICTIMS OF AGGRESSION IN INTERNATIONAL LAW

2021 ◽  
Vol 70 (1) ◽  
pp. 103-132
Author(s):  
Shane Darcy
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Future Application ◽  
Political Rights ◽  
Recent Developments ◽  
Civil And Political Rights

AbstractInternational law has not traditionally recognised individuals as victims of the crime of aggression. Recent developments may precipitate a departure from this approach. The activation of the jurisdiction of the International Criminal Court over the crime of aggression opens the way for the future application of the Court's regime of victim participation and reparation in the context of prosecutions for this crime. The determination by the United Nations Human Rights Committee in General Comment No. 36 that any deprivation of life resulting from an act of aggression violates Article 6 of the International Covenant on Civil and Political Rights serves to recognise a previously overlooked class of victims. This article explores these recent developments, by discussing their background, meaning and implications for international law and the rights of victims.

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