scholarly journals Freedom Of Thought Endangered In The 21st Century? Legal Protection From Manipulation

wisdom ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 131-147
Author(s):  
Lilit YEREMYAN ◽  
Davit HARUTYUNYAN
Keyword(s):  
Human Rights ◽  
Large Scale ◽  
National Level ◽  
Legal Protection ◽  
Legal Regulation ◽  
Prima Facie ◽  
International Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Freedom Of Thought

Abstract The freedom of thought is stipulated as a fundamental human right in main international human rights instruments at universal and regional levels. Freedom of thought is also guaranteed at national level in constitutions of many states. It might seem that the legal regulation of freedom of thought is more declarative by its very nature: prima facie, it cannot be limited or violated in practice. Thus, one might assume that it does not need any legal protection. In this paper we argue that the rapid scientific and technological evolution urge the necessity of rethinking the legal content of the freedom of thought and elaborating mechanisms at national and international levels for its effective protection. In particular we discuss the lawfulness of manipulation as means of influencing the freedom of thought in the age of high technologies and argue that the large-scale intensive manipulation by using special big data processing tools (including artificial intelligence) with the aim to shape the information receivers’ decision-making process in order to reach a certain outcome motivated by self-interest should be viewed as unlawful interference into the freedom of thought under International Human Rights Law, consequently creating positive obligations for states.

scholarly journals Refugee Protection as Human Rights Protection: International Principles and Practice in India

Refuge ◽  
1997 ◽  
pp. 39-44
Author(s):  
Brian Gorlick ◽  
Sumbul Rimi Khan
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Legal Protection ◽  
International Human Rights Law ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Refugee Protection ◽  
National Human ◽  
International Human ◽  
The United Nations

This article focuses on the relationship between international human rights standards and refugee protection. The foundational status of the Universal Declaration of Human Rights and other human rights treaties are surveyed in light of India's international legal obligations. The authors argue that international human rights law and practice have had a significant impact on the protection activities of the Ofice of the United Nations High Commissioner for Refugees (UNHCR) both in countries of asylum, countries of origin and in relation to the United Nations and other human rights actors. In this context, courts and national human rights institutions are important players in safeguarding the rights of refugees. As none of the countries of South Asia is party to the international refugee instruments nor have any of them adopted a national refugee law or procedure, the activities of the Indian National Human Rights Commission stand out as a positive example of national institution expanding the legal protection of refugees in the region.

The Contemporary Significance of International Human Rights Law

2009 ◽  
Vol 22 (2) ◽  
pp. 217-223 ◽  
Author(s):  
THOMAS BUERGENTHAL
Keyword(s):  
Human Rights ◽  
Large Scale ◽  
Economic Consequences ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Gradual Loss ◽  
Substantial Progress ◽  
Protection Of Human Rights ◽  
International Human

AbstractJudge Buergenthal argues that the increased acceptance by states of international human rights obligations proclaimed in UN and regional treaties, reinforced by the jurisprudence of international and regional tribunals, accounts for the substantial progress that has been made in the protection of human rights throughout the world. The resultant political significance of international human rights law and the international community's growing expectation of compliance with that law explain why states engaging in large-scale human rights violations increasingly risk serious political and economic consequences for such practices. A state's continuing non-compliance with its international human rights obligations tends also to lead to the gradual loss by its government of the national and international legitimacy it needs in order to govern, which may in time contribute to its fall.

Domestic Workers’ Human Rights Versus Diplomatic Immunity: Developments in International and National Jurisprudence

2013 ◽  
Vol 22 (1) ◽  
pp. 201-220 ◽  
Author(s):  
Fulvia Staiano
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Protection ◽  
Domestic Workers ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Diplomatic Immunity

Diplomatic immunities significantly contribute to a protection gap for domestic workers in diplomatic households who are victims of egregious forms of exploitation and abuse, and thus, of serious human rights violations. The abuse of such immunities by diplomatic agents in order to shun judicial review by the courts of the receiving States constitutes indeed a serious obstacle to obtaining redress. The resulting conflict between international rules on immunity and domestic workers’ human rights epitomizes the increasingly frequent challenges posed by international human rights law to classic rules of international law, and raises the issue of how to find balanced solutions to such conflicts. Against this background, the uncertain and discretional character of diplomatic measures prevents them from constituting a tool of legal protection for domestic workers experiencing human rights violations. With that in mind, this contribution inquires on alternative remedies available in international and domestic law, with a specific focus on the relationship between international rules on immunities and two other bodies of law, i.e. international human rights law and peremptory norms of international law.

The No-Gaps Approach to Parallel Application in the Context of the War on Terror

2007 ◽  
Vol 40 (2) ◽  
pp. 563-591 ◽  
Author(s):  
Fionnuala Ni Aolàin
Keyword(s):  
Human Rights ◽  
War On Terror ◽  
Legal Regulation ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Parallel Application ◽  
Legal Norms ◽  
International Human

This article asserts that a challenge exists in deflecting the prevailing view that a general gap of legal applicability exists in respect of legal regulation of the war on terror. This “gap” is articulated by a focus on a new phenomena—namely the emergence of Al Qaeda as a non-nationally motivated, transnational terrorist organization whose actions and actors do not “fit” existing legal norms and sanctions. In addressing that challenge, this article will rebut the argument that suggests a legal lacuna exists, and that no appropriate legal tools are available to states and international organizations as they confront the post September 11thcontext. In particular, the argument asserts that existing legal norms provide sufficient coverage to respond to the conflicts experienced in the contemporary moment, as well as to the state and non-state entities participating in them. The article suggests that clarity about the boundaries between the legal regime of international human rights law and international humanitarian law would assist closing off perceived regulatory gaps. It contends that the usual rationale given in favor of parallel application, namely higher protection for the victims of conflict, substantially underestimates its other valuable policy and instrumental benefits. Specifically, the traditionally vaunted victim centered rationale does not sufficiently weigh the value of affirming consistent rule of law coverage to situations of conflict. The article asserts that while further regulatory measures may be possible and even desirable to confront the contemporary challenges of conflict forms (including terrorism), a combined or dynamic approach to the law of war and international human rights law provides sufficient traction and norm content to address and be relevant to present needs.

Features of legal regulation of human rights in armed conflicts

2021 ◽  
Vol 28 (1) ◽  
pp. 43-51
Author(s):  
Volodymyr F. Pylypenko ◽  
Pavlo B. Pylypyshyn ◽  
Nataliia M. Radanovych
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Human Rights Protection ◽  
International Human

The purpose of this study is to identify the problems of protecting human rights and freedoms during armed conflicts based on the analysis of existing international legal and national acts, including their features in Ukraine. As one of the main methods of analysis, comparative analysis is used, which compares the Ukrainian practice of implementing the human rights protection system with the legal framework for regulating the object of research in some countries and at the international level, and analyses international humanitarian law and international human rights law. It is noted that international humanitarian law plays a significant role in the observance and regulation of human rights during armed conflicts. The study describes the international acts of humanitarian law and its main differences from international human rights law. The study analyses the protection of human rights within the framework of international human rights law and within the framework of international humanitarian law, and provides a retrospective analysis of their development. According to the comparative analysis results, it is concluded that the vast majority of modern armed conflicts are not of an international nature; therefore, the specific features of protecting human rights in these conditions are determined. The study analyses the establishment of legal regulation and its changes from the very beginning of the armed conflict in Ukraine and the state of human rights protection

scholarly journals Religious Diversity: accomodation for Social Cohesion. Gaps in the legal protection of religious diversity: generic versus specific protection instruments

2017 ◽  
pp. 13-26
Author(s):  
Eduardo J. Ruiz Vieytez
Keyword(s):  
Human Rights ◽  
Social Cohesion ◽  
Religious Beliefs ◽  
Religious Diversity ◽  
Legal Protection ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
International Human

The legal protection of religious diversity in plural societies is mainly supported by the human right to freedom of religion and belief, which is widely recognized under the international human rights law. However, interpretations of this law are far from univocal when it comes to managing the situation of persons whose religious beliefs are a minority. The so-called harmonisation practices are techniques to spread the content and exercise of this right. Similarly, the so-called Rights of minorities (as is the case of religious ones) also provide a protection framework, the scope of which has not yet been clearly defined. The current diversity of European societies and their commitment to protect the diversity and minorities lead us to seek a more focused and effective framework of protection, choosing between rights and generic or specific instruments.Published online: 11 December 2017

scholarly journals ENVIRONMENTAL-INDUCED DISPLACEMENT: POTENTIAL PROTECTION UNDER INTERNATIONAL LAW?

2020 ◽  
Vol 9 (2) ◽  
pp. 168
Author(s):  
Irawati Handayani ◽  
Anisa Fauziah
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
International Law ◽  
Legal Protection ◽  
International Human Rights Law ◽  
Displaced Persons ◽  
International Human Rights ◽  
Displacement Potential ◽  
The Status ◽  
International Human

<em>Climate change, environmental degradation, and natural disasters are some of the push factors of cross-border displacement. The consequence of this movement is the loss of legal protection from the country of origin of the displaced persons. They are not categorized as refugees as such and no international law specifically regulates the protection of climate displaced persons. This paper will try to analyze the legal protection of climate refugees based on international law. The paper elaborates the context of migration caused by climate change and its relevance with the 1951 Convention on the Status of Refugee, possibility of interpretation of the convention to cover environmental induced displacement and protection under international human rights instruments. The research concludes that it is quite difficult to include climate change-induced displacement under the 1951 Convention on the Status of Refugee even through interpretation. However, it does not mean that the people cannot be protected. International law, especially International Human Rights Law extends protection to peoples belongs to that group.</em>

Conscientious Objection to Military Service: International Human Rights Law and the Case of Turkey

2010 ◽  
Vol 5 (1) ◽  
pp. 65-91
Author(s):  
Mine Yildirim
Keyword(s):  
Human Rights ◽  
Military Service ◽  
Legal Regulation ◽  
Conscientious Objection ◽  
Freedom Of Religion ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Right

AbstractThe assessment of claims of conscientious objection to military service under freedom of religion or belief provisions has been an evolutive process in international human rights law. In Turkey, the right to conscientious objection to military service is not recognized, nor is there a specific punishment due for non-performance of military service on grounds of religious or philosophical beliefs. Military service is compulsory for every Turkish male citizen. The article in hand aims, firstly, to provide a survey on the status of the right to conscientious objection to military service in international human rights law and to propose a harmonizing interpretation that would allow for the evaluation of cases of conscientious objection under relevant provisions protecting freedom of religion or belief and secondly, to evaluate the Turkish legislation in relation to conscientious objection to military service and highlight human rights issues that arise due to a lack of legal regulation on conscientious objection to military service.

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