scholarly journals The 1951 Refugee Convention’s Contingent Rights Framework and Article 26 of the ICCPR: A Fundamental Incompatibility?

Refuge ◽  
2014 ◽  
Vol 30 (2) ◽  
pp. 5-13
Author(s):  
Marina Sharpe
Keyword(s):  
Reference Group ◽  
Structural Features ◽  
Political Rights ◽  
Reference Groups ◽  
Host State ◽  
The Status ◽  
Civil And Political Rights ◽  
The Relationship

This article addresses the relationship between two primary structural features of the 1951 Convention relating to the Status of Refugees—that many benefits under it accrue on the basis of a refugee’s degree of attachment to his or her host state and that many rights under the convention are guaranteed to a refugee only to the extent that they are enjoyed by a particular reference group—and the 1966 International Covenant on Civil and Political Rights’ article 26 equality guarantee. Specifically, it examines whether attachment contingencies and reference groups, when incorporated in the refugee laws of states party to the ICCPR, might run afoul of article 26.

Part 1 Freedom of Religion or Belief, 1.2 Freedom from Coercion

2016 ◽  
Author(s):  
Bielefeldt Heiner, Prof ◽  
Ghanea Nazila, Dr ◽  
Wiener Michael, Dr
Keyword(s):  
Social Life ◽  
Legal Protection ◽  
Two Dimensions ◽  
Freedom Of Religion ◽  
Political Rights ◽  
Separate Spheres ◽  
The Status ◽  
Civil And Political Rights ◽  
The Relationship

This chapter addresses the relationship between article 18(2) and article 18(3) of the International Covenant on Civil and Political Rights (ICCPR). Article 18(2) states that no person shall be subject to coercion which would impair his or her freedom to have or to adopt a religion or belief of their choice. This provision for the forum internum does not allow for any compromise or limitation. By contrast, article 18(3) deals with possible limitations concerning manifestations of religion or belief in social life. However, the distinction in legal protection, as it is drawn between these two dimensions of freedom of religion or belief, should not be misconstrued as an abstract hierarchy or a fragmentation of two separate spheres. The unconditional prohibition of coercion in the forum internum enhances the status of freedom of religion or belief in all its dimensions.

25. Results and Prospects

2020 ◽  
pp. 681-694
Author(s):  
Bernadette Rainey ◽  
Pamela McCormick ◽  
Clare Ovey
Keyword(s):  
Human Rights ◽  
Formal System ◽  
Legal Protection ◽  
Political Rights ◽  
European Standard ◽  
Rights Protection ◽  
Civil And Political Rights ◽  
Climate Crisis ◽  
The Relationship

This chapter sums up the key findings of this study on the Convention on Human Rights (ECHR). It suggests that the principal achievement of the Convention has been the establishment of a formal system of legal protection available to individuals covering a range of civil and political rights which has become the European standard. The chapter highlights the measures taken by the Court to decrease its caseload and increase its efficiency in dealing with applications. It also highlights the contemporary challenges facing the Court, including the relationship between States and the Court, the challenge of the rise of authoritarian governments, and the threats to rights protection from the climate crisis.

Rehabilitation and the Right to Health in Times of Transition

2016 ◽  
Vol 5 (2) ◽  
pp. 169-193
Author(s):  
Judith Bueno de Mesquita ◽  
Gen Sander ◽  
Paul Hunt
Keyword(s):  
Transitional Justice ◽  
Health Sector ◽  
Right To Health ◽  
Current Approach ◽  
Political Rights ◽  
Suitable Form ◽  
Civil And Political Rights ◽  
The Right ◽  
The Relationship ◽  
Primary Form

The harm to health of victims of civil and political rights abuses has been a focus of some reparations programmes. Rehabilitation has been the primary form of reparation for harm to health. Is this current approach an appropriate response by reparations programmes to violations of the right to health during conflict or repression? Given the nature of right to health violations in conflict or repression, we suggest that reparations programmes should broaden their focus to also address not only the health consequences of civil and political rights violations, but also the destruction or neglect of the health system, and policies which harm health. We consider whether rehabilitation is the only suitable form of reparation for such abuses. We also consider the relationship between the fields of transitional justice and public health in periods of transition, including whether some conflict-related right to health violations should be addressed in the health sector rather than reparations programmes and, if so, how this can be done successfully.

scholarly journals Stateless Person dalam tinjauan Hukum Nasional dan Hukum Internasional di Indonesia

2021 ◽  
Vol 1 (3) ◽  
pp. 277-309
Author(s):  
Fadjri Khalid ◽  
Budi Ardianto
Keyword(s):  
Political Rights ◽  
The Status ◽  
Civil And Political Rights ◽  
Stateless Person

Penelitian ini bertujuan untuk mengetahui bagaimana pengaturan Orang Tanpa Kewarganegaraan atau Stateless Person berdasarkan instrumen hukum internasional maupun instrumen hukum nasional di Indonesia. Indonesia yang terdampak dalam globalisasi karena gencarnya promosi pariwisata memiliki pengaturan terhadap lalu lintas orang asing melalui Undang-undang Nomor 6 Tahun 2011 tentang Keimigrasiaan dan disisi lain Indonesia tidak mengakui keberadaan Orang Tanpa Kewarganegaraan berbeda dengan pengaturan sebagaiman tercantum dalam Convention Relating To The Status of Stateless Persons 1954. Penelitian ini bertujuan untuk mengetahui bahwa pengaturan mengenai Orang Tanpa Kewarganegaraan di Indonesia untuk saat ini belum diatur secara khusus. Walaupun Indonesia telah meratifikasi International Covenant on Civil and Political Rights. Hal ini menunjukkan bahwa Indonesia belum mengatur dengan tegas dan dalam penanganannya terhadap Orang Tanpa Kewarganegaraan cenderung lambat yang mengakibatkan pendetensian melebihi ambang dari batas yang ditentukan. Adapun rumusan masalah yang diangkat yakni bagaimana  pengaturan Orang Tanpa Kewarganegaraan dalam Hukum Internasional dan dalam hukum keimigrasian Indonesia beserta konsukuensi hukum yang di dapat. Metode penelitian yang digunakan adalaha tipe normative dengan cara studi pustaka. Hasil penelitian ini menunjukkan bahwa pengaturan Orang Tanpa Kewarganegaraan di lingkup Internasional berbeda dengan pengaturan di Indonesia karena tidak adanya peraturan yang tegas mengenai hal ini.

The History of the Covenants

2018 ◽  
Author(s):  
Maya Hertig Randall
Keyword(s):  
Human Rights ◽  
Cold War ◽  
Political Rights ◽  
Cultural Rights ◽  
History Of ◽  
Civil And Political Rights ◽  
The Cold War ◽  
Acid Test ◽  
The Relationship ◽  
Domestic Level

Translating the UDHR into a binding treaty ‘with teeth’ was an acid test for the international community. This chapter places the genesis of the ICESCR and the ICCPR in its political context. It highlights the interlocking challenges of the Cold War and of decolonization and also underscores disagreement among allied nations as well as attempts to ‘export’ the domestic conception of human rights. Three issues central to completing the International Bill of Human Rights are analysed: (1) identification of the rights to be included; (2) States’ obligations to give effect to human rights on the domestic level; and (3) international supervision mechanisms. These issues are closely related to the decision to divide human rights into two Covenants. In tracing the major controversies and decisions reached, light is also cast on the relationship and characteristics of civil and political rights and economic, social, and cultural rights, as understood at the time.

STRUCTURAL FEATURES OF THE METABOLIC SYNDROME: CLINICAL AND EPIDEMIOLOGICAL ASPECTS. RELATIONSHIP WITH PROLIFERATIVE PROCESSES AND ENDOMETRIAL CANCER

2019 ◽  
Vol 65 (4) ◽  
pp. 488-497
Author(s):  
Anastasiya Kishkina ◽  
Larisa Kolomiets ◽  
Natalya Yunusova
Keyword(s):  
Metabolic Syndrome ◽  
Adipose Tissue ◽  
Endometrial Cancer ◽  
Structural Features ◽  
Main Concept ◽  
The Metabolic Syndrome ◽  
Increased Risk ◽  
The Status ◽  
The Individual ◽  
The Relationship

This literature review is devoted to the relationship of the structural features of the metabolic syndrome in proliferative processes and endometrial cancer (EC), and the identification of the relationship between the individual components of the metabolic syndrome and the development of endometrial cancer. The metabolic syndrome is currently a global medical and social problem, which is due to the wide spread of this symptom complex in the population. Today, the main concept of this syndrome is the concept of a cluster of components associated with an increased risk of developing type 2 diabetes and cardiovascular diseases. It is known that an increase in the mass of adipose tissue above the norm by 20% or more leads to dysfunction of the hypothalamic-pituitary-ovarian system. At the same time, the risk of RE on the background of metabolic syndrome increases by 2-3 times. This probability also largely depends on the severity of proliferation in the endometrium, which is caused by the presence of dyshormonal and metabolic disorders. In addition, this is due to the aggravation of insulin resistance, an increase in the production of androgens by the ovaries, the formation of stable anovulation and, as a result, the progression of pathological changes in the endometrium. With the onset of peri - and postmenopausal endometrial hyperplasia in about 50% of cases progressing to malignant pathology. The role of the system of insulin-like growth factors, adipokines secreted from visceral adipocytes of free fatty acids, local estrogen formation and hyperandrogenization is also recognized in creating a predisposition to the EC formation. According to the results of the study of the functioning of the autocrine-paracrine system of adipose tissue, the risk of endometrial proliferative processes is higher at low levels of adiponectin and high levels of insulin. All this indicates the feasibility of monitoring the status of adipose tissue.

Exclusion Law and International Law: Sui Generis or Overlap?

2013 ◽  
Vol 20 (2) ◽  
pp. 199-232 ◽  
Author(s):  
Joseph Rikhof
Keyword(s):  
International Law ◽  
Minority Rights ◽  
Crimes Against Humanity ◽  
Political Rights ◽  
Refugee Status ◽  
Human Right ◽  
Refugee Law ◽  
Criminal Background ◽  
The Status ◽  
Civil And Political Rights

There exists a strong synergy between the regulation at the international level of minority rights, asylum and criminal prosecutions of violations of human rights. The aspirations of minorities as a human right are recognised in the International Covenant on Civil and Political Rights while the violation of such a right can confer on a victim the status of refugee in a third country. As well, persons who are responsible for causing very serious disruptions to the rights of minorities and other groups can be brought to justice for the commission of genocide and crimes against humanity, particularly persecution. While in general there has been a clear distinction between the granting of asylum or refugee status to victims of persecution one hand and the prosecution of perpetrators of persecution on the other, these two notions have been brought together into the concept of exclusion in order to address the phenomenon of persons with a criminal background being part of the refugee stream arriving in a third country. Exclusion is an essential part of refugee law to ensure that persons who have committed criminal acts will not benefit from the benefits set out in the Refugee Convention. This article will discuss the parameters of exclusion as determined by the jurisprudence in six countries in North America and Europe where this issue has been at the forefront in the last decade.

scholarly journals Features of State Institutions of Ireland of XVIII Century

2020 ◽  
pp. 386-400
Author(s):  
V. Yu. Apryshchenko ◽  
N. A. Lagoshina
Keyword(s):  
Great Britain ◽  
Religious Orientation ◽  
Legal Status ◽  
18Th Century ◽  
Political Rights ◽  
European Continent ◽  
State Institutions ◽  
The Status ◽  
Civil And Political Rights ◽  
Political Economic

The expansion of Great Britain in the 18th century greatly strengthened its influence both on the European continent and throughout the world. The nearby existence of Catholic Ireland, which had developed trade and socio-political ties with European countries, threatened the national security of Great Britain and determined the religious orientation of restrictive politics. In the first half of the 18th century, political, economic and religious struggles both within Ireland and between the British and Irish led to the fact that Ireland actually turned into an English colony. There are still disputes among foreign scholars about the status of Ireland in the 18th century, since the powers of the parliament in Dublin were limited, and most of the country's population did not have civil and political rights. Nevertheless, in the 1760s, the Irish parliament implemented a number of bills in the field of social policy and local self-government, which indicates the significant independence of this legislative body. The legal status of the Irish state in the 18th century, its powers are compared with some widespread definitions of the term state are examined in the article.

scholarly journals A POLÍTICA DE DIREITOS HUMANOS GLOBAIS NA ÍNDIA

2014 ◽  
Vol 18 ◽  
pp. 385
Author(s):  
Ajay Gudavarthy ◽  
Gustavo Paulo Leite de Souza
Keyword(s):  
Human Rights ◽  
War On Terror ◽  
Social Groups ◽  
The United States ◽  
Political Rights ◽  
Law And Order ◽  
State Terror ◽  
Global Discourse ◽  
Civil And Political Rights ◽  
The Relationship

Os direitos humanos globais transmitiram significados diferentes no tempo, através das várias formas de mobilização por grupos sociais. A resposta do Estado indiano aos protestos militantes tem atraído especial atenção a partir do discurso global de “guerra ao terror”, que, por sua vez, tem justificado o “terror de Estado” e as violações dos direitos humanos, ressignificando o princípio do Estado de Direito a partir da justificativa de manutenção da lei e da ordem. Neste trabalho, são discutidos elementos justificadores da relação existente entre a política de “guerra contra o terror” norte-americana e o recrudescimento dos direitos civis e políticos na Índia.Palavras-chave: Direitos humanos globais, guerra ao terror, Índia.THE GLOBAL HUMAN RIGHTS POLICY IN INDIAAbstract: The global human rights conveyed different meanings over time, through various forms of mobilization by social groups. The Indian State's response to the protests Indian militants has attracted special attention from the global discourse of "war on terror", which, in turn, has justified the "state terror" and violations of human rights, giving new meaning to theprinciple of State of Law from the justification of maintaining law and order. In this paper, we discuss justifiers’ elements of the relationship between the current "war on terror" policy in the United States and the resurgence of civil and political rights in India.Keywords: Global human rights, war on terror, India

scholarly journals Tools for Regulating Women’s Rights

2021 ◽  
Vol 8 (1) ◽  
pp. 11-18
Author(s):  
Gabriela Nemtoi
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Political Rights ◽  
Council Of Europe ◽  
Cultural Rights ◽  
The Status ◽  
Civil And Political Rights ◽  
Gender Based ◽  
New Perspective ◽  
Status Of Women

Acts that that guarantee the specific rights of women are various national regulations on conventions and instruments of international and European law. Several international legislative instruments - conventions involving obligations for acceding states, as well as political declarations of universal value - prohibit the gender-based exclusion from the exercise of all rights of any individual but especially of women. One such instrument is the Universal Declaration of Human Rights as well as the United Nations International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights and other conventions of this organization, in particular the Convention on the Elimination of All Forms of Discrimination against Women. However, there are several Conventions of the International Labour Organization in this area, or Action Plans approved at the last major UN conferences, especially those dedicated especially to the situation of women that took place in Beijing in September 1995. The current situation has shown that women are a product that imposes protection against discrimination of any kind. The status of women through the new regulations now opens a new perspective. There are currently regional instruments, in particular those of the Council of Europe - the European Convention on Human Rights - that prohibit discrimination based on sex.

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