The protection of sexual orientation in international law: between the principles of non-discrimination and human dignity

2019 ◽  
Vol 76 (3-4) ◽  
pp. 115-119
Author(s):  
Maria Chiara Vitucci
Keyword(s):  
Sexual Orientation ◽  
International Law ◽  
Human Dignity

scholarly journals Tinjauan Hukum Internasional HAM dan Hukum Islam terhadap LGBT Perspektif Human Dignity Mashood A. Baderin

2016 ◽  
Vol 10 (1) ◽  
pp. 198
Author(s):  
Abu Dzarrin Al-Hamidy
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Civil Rights ◽  
International Law ◽  
Human Dignity ◽  
Islamic Law ◽  
Human Beings ◽  
Same Sex ◽  
Bisexual And Transgender ◽  
The Universe

<p>This article deals with the issue of homosexuality from the perspective of human rights international law and Islamic law, particularly in the view of Mashood Baderin. The result of understanding towards human rights international law as well as towards Islamic law as the blessings for the universe places human beings in the most respected position. However, there emerge the phenomenon of non-mainstream sexual orientation, such as lesbian, gay, bisexual and transgender (LGBT). In the perspective of Mashood Baderin, who portrays human rights international law and Islamic law on the principles of equality and justice, these LGBTs have their rights, as they are also human beings that should be respected due to their human dignity. It is inhumane to discriminate and condemn them. They should receive proportional treatment from the state so that their civil rights are guaranteed. However, with regard to their sexual orientation Islamic law prohibits the same sex marriage or other forbidden sexual relations</p>

The Origins and Effectiveness of the Geneva Conventions for the Protection of War Victims

1973 ◽  
Vol 13 (147) ◽  
pp. 283-290
Author(s):  
Ian Harding
Keyword(s):  
International Law ◽  
Human Dignity ◽  
Effective Protection ◽  
Geneva Conventions ◽  
Unpublished Work ◽  
History Of ◽  
Ancient Civilizations ◽  
War Victims

It gives us pleasure to publish extracts from a remarkable unpublished work by an Australian author, Ian Harding. In four chapters (Antiquity, Islam, Some European Developments, Henry Dunant) it covers the origins of the Geneva Conventions from ancient civilizations, and then goes on to explain their significance in international law and action (The Conventions, The Propositions, The Conclusions). The passages we quote below deal with the history of humanitarian ideas and the laborious efforts, repeated time and time again throughout the centuries, for the ever more effective protection of human dignity. (Ed.).

International Relations Theory, International Law, and the Regime Governing Atrocities in Internal Conflicts

1999 ◽  
Vol 93 (2) ◽  
pp. 361-379 ◽  
Author(s):  
Kenneth W. Abbott
Keyword(s):  
International Relations ◽  
International Law ◽  
Political Science ◽  
Human Dignity ◽  
International Relations Theory ◽  
Ir Theory ◽  
Internal Conflicts ◽  
Theoretical Approaches ◽  
Cross Fertilization

Over the last ten years, international relations (IR) theory, a branch of political science, has animated some of the most exciting scholarship in international law.1 If a true joint discipline has not yet emerged,2 scholars in both fields have clearly established the value of interdisciplinary cross-fertilization. Yet IR—like international law—comprises several distinct theoretical approaches or “methods.” While this complexity makes interactions between the disciplines especially rich, it also makes them difficult to explore concisely. This essay thus constitutes something of a minisymposium in itself: it summarizes the four principal schools of IR theory—conventionally identified as “realist,” “institutionalist,” “liberal” and “constructivist”—and then applies them to the norms and institutions governing serious violations of human dignity during internal conflicts (the “atrocities regime”).

Humanitarian Intervention in International and Islamic Law

2003 ◽  
Vol 20 (1) ◽  
pp. 88-106
Author(s):  
Ermin Sinanovic
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Dignity ◽  
Islamic Law ◽  
Humanitarian Intervention ◽  
Fundamental Issue ◽  
Moral Foundation ◽  
Rights Discourse ◽  
Jus Cogens ◽  
Human Rights Discourse

In this paper, I look into the moral foundation of humanitarian intervention in international law and its Islamic counterpart. My objective is to identify the traits shared by both sets of laws, and to see if the same or similar justification can be used across cultures to reach the same goal. In other words, one goal is to assess the claims that the basis upon which humanitarian intervention is justified has a universal appeal. Both international and Islamic law justify humanitarian intervention on moral grounds. International law bases its justification upon the human rights discourse. Islamic law provides enough bases for legitimizing humanitarian intervention, and Qur’anic verses, scholarly opinions, and Islamic principles provide a sound background for it. Paramount in this task is the concept of human dignity (karamah al-insan). We found no disagreement on this fundamental issue between the Universal Declaration of Human Rights (UDHR) and Islamic law. Human dignity, as understood in international human rights and its Islamic counterpart, thus could form the jus cogens of international law, a common human heritage upon which everybody can agree.

Domination, Asylum, and Sexual Orientation

2015 ◽  
pp. 86-100
Author(s):  
Pitsou Anastasia
Keyword(s):  
Sexual Orientation ◽  
Human Dignity ◽  
Human Life ◽  
Public Authorities ◽  
Society Of Control

In this chapter, the authors determine that in the society of control, denizens who exercise their right to seek asylum on ground pertaining to sexual orientation are forced to prove their homosexuality through various humiliating ways during the asylum-granting process. Do public authorities aim to reject the criminalization of sexual orientation, eventually? Do they have the possibility to abolish the detention centres in the name of human dignity, human life and liberty, rights established by national, international, and European laws?

Equality

2021 ◽  
pp. 161-190
Author(s):  
William A. Schabas
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
United Nations ◽  
International Law ◽  
Indigenous Peoples ◽  
Universal Declaration ◽  
The United Nations ◽  
The Right ◽  
Distinct Field ◽  
Special Protection

The right to equality and the prohibition of discrimination is normally formulated with respect to specific grounds. In the Charter of the United Nations, these are race, sex, language, and religion. The list was expanded in the Universal Declaration of Human Rights, where it was also prefaced by the words ‘such as’ thereby recognising that distinctions based upon unenumerated categories might also be encompassed. These might include age, disability, and sexual orientation, for example. International law also provides special protection for children. Related to non-discrimination is the distinct field of protection of minorities, which are identifiable on the basis of ethnicity, language, and religion, and of indigenous peoples.

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