The International Human Rights Legal System

2013 ◽  
Author(s):  
Emilie M. Hafner-Burton
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Legal System ◽  
International Agreements ◽  
International Human Rights ◽  
Cultural Rights ◽  
Human Rights Council ◽  
System P ◽  
High Commissioner ◽  
International Human

This chapter provides an overview of the most important nuts and bolts of the international human rights legal system, which generally resides within the structures of the United Nations. It first considers the most prominent international agreements that comprise the International Bill of Human Rights and their two treaty oversight bodies, the Human Rights Committee and the Committee on Economic, Social, and Cultural Rights. It then examines other human rights laws and treaties, along with the functions of the UN Office of the High Commissioner for Human Rights and the Human Rights Council. It also looks at universal criminal law and tribunals, regional human rights laws and institutions, and the human rights legal systems in Europe, the Americas, Africa, the Islamic world and Asia. The chapter concludes by explaining why the international law on human rights has been so popular and how the international human rights legal system works.

Scholarly Perspectives

2013 ◽  
Author(s):  
Emilie M. Hafner-Burton
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
Social Scientists ◽  
International Human Rights ◽  
Cultural Rights ◽  
System P ◽  
International Human ◽  
Second Category

This chapter reviews scholarly research on international human rights law, focusing on systematic studies that are based on historical statistics and carried out by social scientists. The systematic, scholarly study of international human rights law can be grouped into two main categories. First are studies on the process of international law, such as on how judges in human rights tribunals make decisions. Second are studies that look for relationships between the presence of law (and laws of different types) and actual changes in human behavior. The chapter concentrates on the second category of research and highlights its main weaknesses. It also discusses some of the findings of statistical research regarding civil and political rights as well as economic, social, and cultural rights. Finally, it examines the mechanisms of influence of the international human rights legal system.

2 The Agenda (1946)

2020 ◽  
Author(s):  
Pace John P
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Cultural Rights ◽  
Human Rights Council ◽  
International Human ◽  
The Cold War ◽  
Domestic Level

This chapter examines the issues that the Commission on Human Rights took up in the decades following the drafting of the International Bill of Human Rights. The work of the Commission reflected international, political and social developments, largely propelled by a vital civil society. Thus, the period of decolonization brought the first issues to the agenda of the Commission, as did the Cold War and the emergence of the Non-aligned Movement between the 1950s and the mid-1970s, with the focus on racism and self-determination. This influenced the character of the Commission from that of a largely technical drafting body to a forum where situations were taken up. The Commission’s agenda thus widened in scope and with it, the challenges that are considered in these chapters. The challenges that emerged for the Commission related to the appreciation by states of their human rights obligations at the domestic level as a result of their becoming parties to international human rights law; and the realization of economic, social and cultural rights as an integral component of international human rights law, consistent with the Charter of the United Nations. These two challenges were to dominate the further evolution of the Great Enterprise for the rest of the existence of the Commission and that of the Human Rights Council after 2006.

The role of international human rights organisations in the context of the conflict in Eastern Ukraine

2021 ◽  
Vol 28 (1) ◽  
pp. 24-31
Author(s):  
Nina I. Karpachova
Keyword(s):  
Human Rights ◽  
Current Status ◽  
Human Rights Violations ◽  
International Human Rights ◽  
Quantitative And Qualitative Research ◽  
Human Rights Organizations ◽  
High Commissioner ◽  
Protection Of Human Rights ◽  
International Human

The task of this paper is to study the role of international human rights organizations in response to the conflict taking place in eastern Ukraine. The study is based on recent reports from the Office of the UN High Commissioner for Human Rights and the OSCE on Ukraine. The relevance of the stated topic is determined by the situation with human rights violations in the armed conflict in Ukraine and the significant role of international human rights organizations, making active efforts to resolve it. The purpose of this study is to determine the main aspects of the role that international organizations play in resolving this range of issues. This will help to identify potential opportunities to tackle the problem with human rights violations in the Ukrainian territories. The study combines quantitative and qualitative research of the entire spectrum of issues brought into the subject. The main results obtained are: analysis of the role and place of international human rights organizations in assessing the situation with the conflict in the Ukrainian territories and obtaining statistical information on the current status of human rights violations in these territories. The value of this paper lies in obtaining practical recommendations for finding ways to peacefully resolve the conflict in the East of Ukraine and implementing comprehensive measures to create conditions for the protection of human rights in this region

scholarly journals THE USE OF FLOGGING AS A PUNISHMENT IN SAUDI ARABIA FROM THE PERSPECTIVE OF INTERNATIONAL HUMAN RIGHTS LAW

2021 ◽  
Vol 29 (1) ◽  
pp. 77-102
Author(s):  
Hind Sebar ◽  
Shahrul Mizan Ismail
Keyword(s):  
Human Rights ◽  
Saudi Arabia ◽  
Criminal Law ◽  
Islamic Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Legal Procedures ◽  
Made In

Flogging is one of the most widely-used corporal punishments in Islamic penology. Most countries that practice Islamic criminal law use flogging to punish a variety of crimes and offenses. Saudi Arabia is one of the countries that use flogging to punish various crimes and has faced immense backlash from the international community for gross violation of human rights. The goal of this article is to investigate the implementation of flogging as a punishment in Saudi Arabia. Moreover, it also examines how international human rights law has contributed to limiting flogging as a form of criminal punishment. This study has critically analysed several human rights documents in order to understand how flogging is viewed under international human rights law if compared to the position under the Shari‘ah. Focus on the implementation of flogging in Saudi Arabia is made in particular. In addition, it is found that the application of flogging in Saudi Arabia is overused and is uncodified. Hence, the article signifies the necessity of codifying Islamic law to ensure fair legal procedures. Interestingly, a recent announcement that abolishes flogging as a common form of punishment, indicates the willingness of the kingdom to implement judicial reforms, thereby creating a ray of hope in the form of amendment of laws.

scholarly journals Interpretation of Economic, Social and Cultural Rights by Human Rights Bodies in Times of Economic Distress. The case of Greece

2017 ◽  
Vol 12 (1) ◽  
Author(s):  
Vasiliki Saranti
Keyword(s):  
Human Rights ◽  
Social Security ◽  
Special Reference ◽  
Economic Crisis ◽  
Case Law ◽  
International Human Rights ◽  
Economic Distress ◽  
Cultural Rights ◽  
International Human ◽  
Of Greece

Economic, social and cultural rights have borne the brunt of the recent economic crisis and the austerity measures adopted to counter it. Due to their gradual implementation and the need of positive measures to implement them, they were the first to be attacked. After discussing the possible ways of applying economic, social and cultural rights in the first part of the essay, I will then examine their application during economic crises with a special reference to Greece focusing mainly on two fields, labour rights and social security rights, and the case-law produced by international human rights bodies in that respect.

scholarly journals HUMAN RIGHTS PERSPECTIVES ON ISSUES IN THE IMPLEMENTATION OF ISLAMIC CRIMINAL LAW IN MALAYSIA

2019 ◽  
Vol 4 (1) ◽  
pp. 67-74
Author(s):  
MOHD HISHAM MOHD KAMAL
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Procedure ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Philosophy Of Nature ◽  
International Human Rights ◽  
Time Period ◽  
International Human

 This paper discusses the implementation of Islamic Criminal Law in Malaysia from the human rights perspectives. It looks at Syariah Criminal Offences Enactments and Syariah Criminal Procedure Enactments of States forming the Federation, and deals with the issues of the victimless Syariah offences of khalwat, fornication and drinking intoxicants, determining whether such criminalization is compatible with human rights. Discussion also deals with the issues of sanction and procedures, in finding out the extent to which Malaysia is complying with its International Human Rights Law obligations, if there is any. This paper finds that the Syariah statutory provisions are compatible with the human rights concept. In some extends, Syariah law can explore law uncertainty, because referring to God’s law not nature law. Most of human rights concept have come from the philosophy of nature law. Thus, the approach of nature law will always change depending of time period. However, Syariah law need to improve the training of religious enforcement officers on how to carry out their duties.

14. Cultural rights

2017 ◽  
Author(s):  
Julie Ringelheim
Keyword(s):  
Human Rights ◽  
Scientific Progress ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Cultural Rights ◽  
Cultural Life ◽  
Material Interests ◽  
International Human ◽  
The Right

This chapter examines the sources of cultural rights in international human rights law, describes their evolution, and highlights the major debates regarding their interpretation. Specifically, it discusses the content and meaning of the right to take part in cultural life, the right to enjoy the benefits of scientific progress and its applications, and the rights of authors and inventors to the protection of their moral and material interests.

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.

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