scholarly journals Re-Assessment of “Claw-Back” Clauses in the Enforcement of Human and Peoples’ Rights in Africa

2019 ◽  
Vol 24 (38) ◽  
pp. 1-22
Author(s):  
William Edward Adjei
Keyword(s):  
Constitutional Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Public Authorities ◽  
Legal Structure ◽  
Strong Principle ◽  
African Charter ◽  
Negative Duty ◽  
The Impact ◽  
State Interference

Abstract One of the continuing problems, which had faced the African Charter, is many of its substantive provisions that are raven with qualifications without reasonable justification. These rights guaranteed under the Charter are subject to “claw-back” clauses that are introduced by governments and public authorities thereby undermining their citizen‟s basic constitutional rights of securing fundamental freedoms. They are those rights that impose negative duty on the state and are meant to promote the values of pluralism, equality and human dignity, which should be enjoyed free from state interference. It is in the interference of these rights that commentators have frequently criticized the African Charter for rendering its protective mandate meaningless and unenforceable. With hindsight, it is evident that the foregoing critique levelled against the “claw-back” clauses under Charter is justified, as they have a chilling effect on the exercise of human and peoples‟ rights on the African continent. Such condition has produced intense academic discussion on the interpretation and implications of the rights and freedoms enshrined in the Charter. None the less, the scope and the significance of the legal measures adopted by the African Commission have minimized the impact of the clauses affected considerably. Accordingly, a strong principle of interpretation adopted by the Commission has contributed to shaping the Charter‟s legal structure in harmony with international human rights law standards.

scholarly journals Are Turkey’s Restrictions on Freedom of Religion or Belief Permissible?

2020 ◽  
Vol 15 (1-2) ◽  
pp. 172-191
Author(s):  
Mine Yıldırım
Keyword(s):  
Human Rights ◽  
Freedom Of Religion ◽  
High Status ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Public Authorities ◽  
Full Compliance ◽  
Turkish Constitution ◽  
The Right ◽  
The Impact

Abstract This article constitutes a summary of the findings of an inquiry into the utilization of the restriction clause of freedom of religion or belief in the course of restriction of this right in Turkey. It demonstrates that FoRB is restricted in various ways by public authorities which rarely involve a systematic application of the FoRB restriction clause. Despite Turkey’s human rights obligations in the area of freedom of religion or belief and the high status conferred to international human rights law under Article 90 of the Turkish Constitution the impact of international provisions on the protection of FoRB in Turkey remains insufficient and inconsistent. The right to freedom of religion or belief has been restricted through measures based on “established practice”, decisions of public authorities based on laws and regulations not directly dealing with this right and court decisions that are not in full compliance with international law.

scholarly journals A Commentary on the African Commission's General Comment on the Right to Freedom of Movement and Residence under Article 12(1) of the African Charter on Human and Peoples’ Rights

2021 ◽  
pp. 1-21
Author(s):  
Romola Adeola ◽  
Frans Viljoen ◽  
Trésor Makunya Muhindo
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Freedom Of Movement ◽  
Number Of Factors ◽  
African Charter ◽  
The Right ◽  
Domestic Level ◽  
African Commission

Abstract In 2019, the African Commission on Human and Peoples’ Rights adopted General Comment No 5 on the African Charter on Human and Peoples’ Rights: The Right to Freedom of Movement and Residence (Article 12(1)). In this general comment, the commission elaborated on the right to freedom of movement and residence within state borders. This issue, while explicit in international human rights law, is a challenge within various jurisdictions, including in Africa. This article provides a background to and commentary on General Comment No 5, leveraging on the insight of the authors, who participated in its drafting. Unlike the UN Human Rights Committee's earlier general comment, General Comment No 5 provides detailed guidance on the internal dimension of the right to free movement and residence. As “soft law”, its persuasive force depends on a number of factors, including its use at the domestic level, its visibility and its integration into regional human rights jurisprudence.

Development and Economy in Mongolia through a Human Rights Law Lens

2021 ◽  
Vol 22 (2) ◽  
pp. 186-221
Author(s):  
Juan Pablo Bohoslavsky
Keyword(s):  
Human Rights ◽  
Foreign Direct Investments ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Macroeconomic Policies ◽  
Financial Flows ◽  
Environmental Impact Assessments ◽  
Mining Projects ◽  
Mineral Rents ◽  
The Impact

Abstract This article studies the Mongolian economic and development policies implemented in recent years until March 2020, including its revenue matrix sustainability, from an international human rights law perspective. Policy and legal recommendations for discussion are also presented. Based on a United Nations mission the author conducted to Mongolia in 2019, this country study examines the macroeconomic policies, including debt issues, from a human rights perspective; the extent to which mineral rents are translated into inclusive and comprehensive social and environmental policies, focusing on the mining project Oyu Tolgoi; the impact of illicit financial flows on human rights; and the effects of lending for infrastructure and mining projects and other foreign direct investments. The study concludes that economic diversification and conducting effective gender-sensitive, participatory human rights and environmental impact assessments of economic reforms and mining and infrastructure projects are the main challenges Mongolia faces.

Safeguarding and Ethical Practice for People with Intellectual Disability

2020 ◽  
pp. 297-302
Author(s):  
Meera Roy ◽  
Ashok Roy ◽  
Priyanka Tharian ◽  
Ameeta Retzer
Keyword(s):  
Intellectual Disability ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Ethical Practice ◽  
Case Examples ◽  
History Of ◽  
Legal Foundations ◽  
The Uk ◽  
The Impact ◽  
Domestic Law

This chapter will outline the legal and practical principles that inform safeguarding and ethical practice for people with intellectual disability (ID) in the UK. The legal foundations for practice are discussed, drawing first on their foundations in international human rights law, the impact this has had on domestic law and the development of legislation to protect the rights of those with ID. Next, the current policy and principles that underpin ongoing practice are discussed, beginning with the particular history of people with ID and how understanding of ID has since evolved. Case examples are provided throughout to demonstrate these concepts in practice.

Hong Kong's Bill of Rights: Its Reception of and Contribution to International and Comparative Jurisprudence

1998 ◽  
Vol 47 (2) ◽  
pp. 306-336 ◽  
Author(s):  
Johannes M. M. Chan
Keyword(s):  
Human Rights ◽  
Hong Kong ◽  
Interesting Case ◽  
International Human Rights Law ◽  
Political Rights ◽  
Bill Of Rights ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Impact

The Hong Kong Bill of Rights Ordinance entered into force on 8 June 1991. Its purpose is to incorporate into the law of Hong Kong the provisions of the International Covenant on Civil and Political Rights (“the ICCPR”) as applied to Hong Kong. Being one of the first occasions where the ICCPR has been given direct legal force in a common law jurisdiction, the Hong Kong experience will provide an interesting case study on how an international human rights instrument is received and interpreted in domestic law. Indeed, shortly after the coming into operation of the Hong Kong Bill of Rights Ordinance, the late Professor Opsahl predicted that it would give the ICCPR, and by implication the Human Rights Committee, a potential impact on the Hong Kong domestic legal system which could hardly be expected in other countries. He even suggested that, in dealing with matters which the Human Rights Committee has not yet considered, the interpretation of the Hong Kong courts in applying the Bill of Rights may provide a useful supplement to international human rights law. The Bill of Rights Ordinance is now seven years old. This article will address two issues: first, the impact international and comparative jurisprudence has had on the interpretation of the Hong Kong Bill of Rights and, second, the contribution the Hong Kong jurisprudence on the Bill of Rights has or could have made to the development of international and comparative human rights law.

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