scholarly journals The Laws of Antiterrorism Between Security Necessity And International Human Rights Standards

2020 ◽  
Vol 9 (3) ◽  
pp. 143
Author(s):  
Saido J. Hasso ◽  
Khalida Th. Maree
Keyword(s):  
Human Rights ◽  
International Law ◽  
The Other ◽  
International Human Rights ◽  
Wide Range ◽  
International Human ◽  
The One ◽  
Human Rights Standards

There is no doubt about the seriousness of terrorism، and there is no dispute that it must be combated and eradicated، to protect the security and safety of the society. International law does not prevent states from resorting to laws and taking necessary measures to combat terrorism. However, these laws, procedures and restrictions must conform to international human rights standards، and the interests of which the restrictions preserve are less valuable than the rights themselves, which means there must be a balance between the security and safety of society on the one hand and the preservation of rights and freedoms on the other, but the problem lies in the misuse of this right and these standards by criminalizing a wide range of permissible acts, to achieve political goals، and the liquidation of opponents and other illegal objectives.

Right to Education in Mother Language

2021 ◽  
pp. 223-241
Author(s):  
Nima Norouzi ◽  
Hussein Movahedian
Keyword(s):  
Human Rights ◽  
Mother Tongue ◽  
The Other ◽  
Right To Education ◽  
International Human Rights ◽  
Linguistic Rights ◽  
Government Institutions ◽  
International Human ◽  
The One ◽  
The Right

The right to use one's mother language is affected by examining the nature of this right in the international human rights system. Speaking of linguistic rights requires examining this right in the context of general human rights and the rights of minorities. On the one hand, the right to use one's mother tongue is rooted in the “right to be different,” which itself is inspired by human dignity, and, on the other hand, because the linguistic rights of the majority are better guaranteed than the linguistic rights of the minority. This chapter examines the right to use one's mother tongue in the minority system; therefore, language rights can be divided into two approaches based on tolerance, which prohibits any interference with the choice of language and its use by governments, as well as an extension-based approach that seeks to protect the right to use language in various fields such as education, court, public arena, and government institutions.

scholarly journals THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES: ITS CONTRIBUTION TO THE DEVELOPMENT OF INTERNATIONAL HUMAN RIGHTS LAW

REVISTA ESMAT ◽  
2019 ◽  
Vol 11 (17) ◽  
pp. 209
Author(s):  
Mona Paré
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
International Human ◽  
The One ◽  
The Impact

This article examines the impact that the United Nations Convention on the Rights of Persons with Disabilities (CRPD) has had on international human rights law. While it seems that the convention may have a narrow focus, as it focuses on a specific group of people, this paper argues that it has had an impact on international human rights law more generally. This impact started with the negotiation of the convention between 2002 and 2006, and is continuing with its implementation since its entry into force in 2008. The impact is of both procedural and substantive nature. On the one hand, the procedure that led to the development and adoption of the CRPD was innovative, as are the mechanisms that have been put into place to monitor its implementation. On the other hand, the convention introduces and develops concepts in a novel way in international law, such as new ways of considering the concept of equality, and to understand development, for example. The article concludes that the international community should capitalize on the new approaches, and that their application and interpretation should be closely monitored.

In Defence of Direct Obligations for Businesses Under International Human Rights Law

2020 ◽  
Vol 5 (1) ◽  
pp. 56-83 ◽  
Author(s):  
Andrés Felipe LÓPEZ LATORRE
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Person ◽  
International Human Rights Law ◽  
International Human Rights ◽  
Legal Personality ◽  
Business And Human Rights ◽  
Legal Obligations ◽  
International Human ◽  
Human Rights Standards

AbstractThis article presents three arguments on why businesses have direct obligations under existing international law. Nevertheless, in the present state of international law, the obligations of businesses are limited and wholly dependent on the state’s further action of implementation and enforcement. To reach this conclusion, the article asserts that businesses have partial legal personality in international law; that legal obligations and the enforcement model must be distinguished as two separate issues; and that human rights are requirements of justice that emanate from the dignity of each human person to any social actor, including businesses and other non-state actors. The article attempts to contribute to the debate about a binding instrument on business and human rights and presents an alternative understanding of international law that can assist domestic tribunals in applying international human rights standards to businesses as they carry out activities in their jurisdictions.

scholarly journals Wither International Law? Security Certificates, the Supreme Court, and the Rights of Non-Citizens in Canada

Refuge ◽  
2010 ◽  
Vol 26 (1) ◽  
pp. 172-186
Author(s):  
Graham Hudson
Keyword(s):  
Human Rights ◽  
National Security ◽  
International Law ◽  
International Human Rights ◽  
International Context ◽  
Foreign Law ◽  
The Supreme Court ◽  
International Human ◽  
The One

In this paper, the author examines the role of international law on the development of Canada’s security certificate regime. On the one hand, international law has had a perceptible impact on judicial reasoning, contributing to judges’ increased willingness to recognize the rights of non-citizens named in certificates and to envision better ways of balancing national security and human rights. On the other hand, the judiciary’s attitudes towards international law as non-binding sources of insight akin to foreign law has reinforced disparities in levels of rights afforded by the Canadian Charter of Rights and Freedoms and those afforded by international human rights. Viewed skeptically, one might argue that the judiciary’s selective result-oriented use of international law and foreign law helped it spread a veneer of legality over an otherwise unaltered and discriminatory certificate regime. Reviewing Charkaoui I and II in international context, the author suggests an alternative account. He suggests that the judiciary’s use of international law and foreign law, although highly ambiguous and ambivalent, both was principled and has progressively brought named persons’ Charter rights more closely in step with their international human rights. Although the current balance between national security and human rights is imperfect, the way in which aspects of Canada’s certificate regime have been improved suggests that international law is a valuable resource for protecting the rights of non-citizens in Canada.

scholarly journals Restorative Regulation of Human Rights Compliance Considering the Treatment of Prisoners in the Philippines

2021 ◽  
Author(s):  
◽  
Daniel Kleinsman
Keyword(s):  
Human Rights ◽  
Restorative Justice ◽  
The Philippines ◽  
The Other ◽  
Proper Treatment ◽  
International Human Rights ◽  
Legal Scholarship ◽  
International Human ◽  
The One ◽  
Regulatory Performance

<p>The focus of this thesis is the ill-treatment of prisoners in the Philippines, the realities of which reflect the failings of the international human rights framework more generally. This framework is examined and evaluated in terms of how it can better facilitate compliance, and the proper treatment of Filipino prisoners specifically. To that end, this thesis considers poor regulatory performance in terms of compliance theory and interdisciplinary international legal scholarship. On this basis, it proposes the employment of restorative justice, which seeks to avoid regulatory ritualism on the one hand and imperialism on the other, and seeks to enhance human rights compliance in an empowering, relational way.</p>

29. International human rights

2019 ◽  
pp. 610-644
Author(s):  
James Crawford
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights ◽  
Collective Rights ◽  
International Human ◽  
Human Rights Standards

This chapter outlines the emergence of human rights in the sphere of international law and organization, and discusses the sources of human rights standards, non-discrimination and collective rights, the scope of human rights standards, and the regional protection and enforcement of human rights.

scholarly journals ‘Non-Religion’ as Part of the ‘Religion’ Category in International Human Rights

Religions ◽  
2020 ◽  
Vol 11 (2) ◽  
pp. 79
Author(s):  
Alan G. Nixon
Keyword(s):  
Human Rights ◽  
International Law ◽  
Religious Studies ◽  
Social Structures ◽  
Political Rights ◽  
International Human Rights ◽  
Religious People ◽  
International Human ◽  
Civil And Political Rights ◽  
Human Rights Standards

‘Religion’ still occupies and maintains a position of formal and informal privilege in many current societies. It retains these privileges despite the increasing numbers of people who label themselves ‘non-religious’. There is also evidence that overtly non-religious people are being persecuted due to the continuation of these privileges. This paper will examine such treatment of the non-religious in the context of human rights instruments and laws. It lays out the international law case for the rights of the non-religious. It also discusses the extent to which state actors have or have not ignored human rights standards in their persecution or deprivileging of non-religious people. This paper will proceed through a three-step analysis. Step 1 is to examine the aspirational Universal Declaration of Human Rights (UDHR) in relation to the non-religious. The relevant sections of the UDHR and interpretations that they have received will be discussed. Step 2 is to do the same with the binding International Covenant on Civil and Political Rights (ICCPR). Finally, Step 3 is to give examples of lower-level and local laws, where I shall examine the extent to which individual countries’ laws and practices toward non-religious people support or contradict the treaty commitments that those countries have made. The continuation in coercion/persecution cases suggests that something is amiss with human rights protections being provided to the non-religious. If we are to create social structures that are more inclusive of the non-religious and to advocate for non-religious rights, it is necessary to examine the societal power and privilege still held by ‘religion’. It is hoped that this article can inform and encourage further similar engagements among sociologists, religious studies scholars, activists and lay-people interested in the treatment of non-religious peoples.

Mobilizing International Norms: Domestic Actors, Immigrants, and the Japanese State

1999 ◽  
Vol 51 (3) ◽  
pp. 413-445 ◽  
Author(s):  
Amy Gurowitz
Keyword(s):  
Human Rights ◽  
Migrant Workers ◽  
Domestic Politics ◽  
International Norms ◽  
International Standards ◽  
International Human Rights ◽  
Wide Range ◽  
International Human ◽  
Human Rights Standards ◽  
The Impact

In recent years immigrant rights have increasingly been examined in an international context. An important theme in these discussions has been the question of whether, and if so how, states are constrained in developing immigrant and immigration policies. Some scholars argue that states are constrained by international human rights standards, while others, skeptical of this position, focus on a wide range of arguments at the domestic level of analysis. The skeptics are right that those asserting the impact of international human rights standards on immigrant policy have not demonstrated their importance domestically. International norms and standards do not diffuse automatically or consistently across states, and there has been too little detailed process tracing to illustrate the mechanisms of norm diffusion and therefore to move beyond correlation. To do so requires attention to the domestic actors who mobilize international norms and to the specific domestic circumstances in which they operate. This article examines a hard case by studying the impact of international human rights standards on policies toward Koreans and more recent migrant workers in Japan. In this case international norms matter. But they do not matter in a mysterious or automatic way. Domestic actors use international norms in context-specific environments to back up and make arguments for which they have few domestic resources. This is not a story of international versus domestic politics, nor is it a story about a paralyzed state. State actors are actively involved in the process of integrating international standards domestically, and the author examines how those standards work their way into the political process.

scholarly journals Restorative Regulation of Human Rights Compliance Considering the Treatment of Prisoners in the Philippines

2021 ◽  
Author(s):  
◽  
Daniel Kleinsman
Keyword(s):  
Human Rights ◽  
Restorative Justice ◽  
The Philippines ◽  
The Other ◽  
Proper Treatment ◽  
International Human Rights ◽  
Legal Scholarship ◽  
International Human ◽  
The One ◽  
Regulatory Performance

<p>The focus of this thesis is the ill-treatment of prisoners in the Philippines, the realities of which reflect the failings of the international human rights framework more generally. This framework is examined and evaluated in terms of how it can better facilitate compliance, and the proper treatment of Filipino prisoners specifically. To that end, this thesis considers poor regulatory performance in terms of compliance theory and interdisciplinary international legal scholarship. On this basis, it proposes the employment of restorative justice, which seeks to avoid regulatory ritualism on the one hand and imperialism on the other, and seeks to enhance human rights compliance in an empowering, relational way.</p>

scholarly journals The United Nations Security Council Sanctions and International Human Rights

ICL Journal ◽  
2016 ◽  
Vol 10 (3) ◽  
Author(s):  
Irène Couzigou
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Security Council ◽  
United Nations Security Council ◽  
International Human Rights ◽  
International Human ◽  
The United Nations ◽  
Human Rights Standards ◽  
United Nations Charter

AbstractThis article assesses whether the United Nations Security Council must respect human rights under international law when acting under Chapter VII of the United Nations Charter. It argues that the Security Council has to respect human rights enshrined in those human rights treaties drawn up under the United Nations’ auspices and in non-peremptory customary international law, when this is not incompatible with the Security Council’s objective of maintaining or restoring international peace and security. The analysis also argues however that the Security Council must comply with peremptory international human rights, with no exception. The paper concludes that Chapter VII action by the Security Council is limited only to a small extent by international human rights standards.

Sign in / Sign up

Export Citation Format

Share Document