scholarly journals The crime of human trafficking against persons with disabilities. A comparative study

2021 ◽  
Vol 10 (3) ◽  
pp. 303-316
Author(s):  
Lujain Ahmed Abu Dalu
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Treaties ◽  
Right To Life ◽  
Human Right ◽  
Persons With Disabilities ◽  
Peace And War ◽  
Shed Light

The criminalization of human trafficking has passed through several stages throughout the ages, starting with Islamic Sharia and its prohibition of slavery and servitude to considering it a crime of denial in international human rights law, which in turn emphasized the imposition of punishment on it and its prevention in peace and war, because of its danger to the whole world. There are several mechanisms to prevent, suppress and combat human trafficking. Whether at the international level by international treaties and agreements or at the regional level by national laws. This study noted a legislative shortcoming in the mechanisms applied to the crime of human trafficking, especially those against persons with disabilities. Considering the crime of human trafficking is a flagrant violation of human rights, specifically the human right to life and the preservation of his dignity. For the aforementioned reasons, this legal study is conducted, in two sections, where it shed light in the first section on the general of the crime of human trafficking by explaining its concept and the pillars of the crime of human trafficking. While the second section clarify the concept of the crime of human trafficking against persons with disabilities.

scholarly journals Breastfeeding in Refugee Camps: A Child and Maternal Right?

2021 ◽  
Author(s):  
Aleisha Ebrahimi
Keyword(s):  
Human Rights ◽  
Best Interests ◽  
Refugee Camps ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
Formula Milk ◽  
International Human ◽  
Milk Marketing

Abstract In recognition of the health benefits breastfeeding offers for both mother and child, breastfeeding has been acknowledged in various International Human Rights Law instruments. Furthermore, against the backdrop of aggressive formula milk marketing campaigns, significant soft law provisions contained within the International Code of Marketing of Breast-milk Substitutes 1981 regulate and control the promotion of breastmilk substitutes. Refugee camps, however, remain aligned with pre-code practice, as formula milk is often one of the first donations to arrive in camps. Mothers, who are still affected by historical formula marketing campaigns, receive formula milk and perceive its availability and distribution as an endorsement over breastfeeding. In this article, International Human Rights Law is analysed, within the framework of the principle of the best interests of the child, to determine if the choice to breastfeed should be protected as a human right and how the indiscriminate supply of formula milk interacts with this choice in refugee camps.

The Human Rights Obligations of un Peacekeepers

2016 ◽  
Vol 8 (4) ◽  
pp. 431-450
Author(s):  
Conor Foley
Keyword(s):  
Human Rights ◽  
Single Case ◽  
Use Of Force ◽  
Disciplinary Action ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Life ◽  
International Human Rights ◽  
The Right ◽  
Do So

Over 100,000 un peacekeeping personnel are deployed on missions with authority from the Security Council, under Chapter vii of the un Charter, to use force to protect civilians. Nevertheless, they have repeatedly failed to do so and yet there does not appear to be a single case where the un has taken disciplinary action against senior staff for failing to act in line with a mission mandate in this regard. This article argues that the ´positive´ and ´negative´ obligations of international human rights law, protecting the right to life and physical integrity, provide the most appropriate guidance to the tactical use of force by un peacekeeping soldiers. Mechanisms also need to be created to improve the accountability of un missions to those that they are responsible for protecting.

scholarly journals Rescuing Asylum-Seeker Stranded at Sea: Malaysia’s Duty under International Law

2018 ◽  
Vol 7 (3.30) ◽  
pp. 182
Author(s):  
Syafiq Sulaiman ◽  
Salawati Mat Basir ◽  
Mohd Zamre Mohd Zahir
Keyword(s):  
Human Rights ◽  
International Law ◽  
Asylum Seekers ◽  
Law Of The Sea ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Life ◽  
International Human Rights ◽  
International Human ◽  
The Right

The protection of the right to life and the duty to rescue persons in distress at sea are the fundamental obligations under two specialized international law regimes which are the international human rights law and the law of the sea. These rules when read together form a strong protection of the human rights of the asylum-seekers stranded at sea. However, often states failed to honour this obligation for various reasons ranging from national security to economic reasons. This article will analyse Malaysia’s responsibilities as regards the right to life and the duty to rescue of these asylum-seekers. It will also identify the existing international and domestic legal framework relevant to the application of these obligations upon Malaysia and whether it has acted in breach of such obligations. The article then proceeded with suggestions for further improvement that Malaysia can adopt in order to better perform its obligations. This study is a pure doctrinal legal research which is qualitative in nature. The data used in this research is collected from library-based resources. These data were then analyzed by using methods of content analysis as well as critical analysis. The article found that Malaysia has a duty to protect the right to life under international human rights law. Additionally, Malaysia is also bound under the law of the sea to perform its duty to rescue. In view of Malaysia’s failure to perform these duties in two occasions in the past consequently had resulted in a violation of international law. Therefore, it is suggested that Malaysia should initiate a revision of its national laws and policies regarding treatment of asylum-seekers stranded at sea to be in line with Malaysia’s duty under international law. Besides, the Malaysian Maritime Enforcement Agency is call upon to comply with the international standards of treatment of persons in distress at sea which includes the asylum-seekers.  

scholarly journals Freedom of Expression in Malaysia: Compatibility with the International Human Rights Standard

BESTUUR ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 44
Author(s):  
Saidah Fasihah Binti Che Yussoff ◽  
Rohaida Nordin
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Legal Framework ◽  
International Standards ◽  
Freedom Of Information ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
International Human

<p>Malaysia is likely to introduce new laws on freedom of information. However, the important questions are whether the said laws are effective and will have enough bite with the public looking forward to opening government policy. Freedom of information has developed under international human rights law as the right to freedom of expression, including the freedom to seek, receive and impart knowledge and ideas through media, regardless of any frontier. This paper aims to examine freedom of expression under the international realm, scrutinize the said freedom in the Malaysian legal framework, and discuss the proposed enactment of freedom of information laws in Malaysia in conformity with international human rights law. This research uses the qualitative research method. This paper concludes that freedom of information in Malaysia is severely impeded by the enforcement of the Official Secret Act. This paper calls for the repeal or amendment to the Act in conformity with international standards.  </p><p><strong>Keywords</strong><strong>:</strong> Expression; Freedom; Expression; Human Right.</p>

States' Procedural Obligations Regarding Private Military and Security Companies' Activities

2017 ◽  
pp. 302-336
Author(s):  
Zafeiris Tsiftzis
Keyword(s):  
Human Rights ◽  
Crucial Role ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Life ◽  
International Human Rights ◽  
Human Rights Abuses ◽  
International Human ◽  
The Right ◽  
Security Companies

A lot of attention has been paid by the international community to the responsibility of Private Military and Security Companies (PMSCs) and to the prevention of human rights abuses committed their employees. The non-binding nature of the existing international initiatives with respect to PMSCs requests the human rights law to play a crucial role to the regulation of PMSCs and their employees during operations. This article examines the States' procedural obligation under international human rights law with regard to allegations of the right to life and the prohibition of torture. Moreover, it assesses the application of the jurisprudence of human rights bodies over the activities of PMSCs, whilst it focuses on the obligations of States to prevent and investigate human rights allegations committed by PMSCs' employees. Above all, this article advocates that human rights law has a significant role in the regulation of PMSCs and the prevention of the commission of human rights violations by PMSCs and their employees.

Art.23 Respect for Home and the Family

2018 ◽  
Author(s):  
Fiala-Butora János
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Intimate Relationships ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
The Family ◽  
United Nations Convention ◽  
The Right

This chapter examines Article 23 of the United Nations Convention on the Rights of Persons with Disabilities. The right to family life and its various components have long been recognized by international human rights law and in regional human rights instruments. Despite this long tradition of protecting the family in human rights law, persons with disabilities have long been subject to serious violations of their right to family life. The prevailing stereotype has considered persons with disabilities asexual, which has led to the denial of their sexual autonomy. The right to family life also encompasses all forms of relationships and parenthood. To be truly equal members of society, persons with disabilities must achieve equality of opportunity in these areas as well. This requires significant attitudinal change, empowerment, dismantling of barriers, and support to experience intimate relationships.

13. The right to life

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
National Security ◽  
Death Penalty ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Life ◽  
International Human Rights ◽  
Security Forces ◽  
International Human ◽  
The Right

This chapter examines African, American, European, and international jurisprudence on the right to life. It discusses the positive obligation incumbent on States to protect life; the permissible deprivation of life (the death penalty, death caused by national security forces, and death during armed conflict); and the issue of genocide. The chapter concludes that the right to life is of paramount importance in international human rights law. International law covers not only the straightforward human rights aspects, but also extends to the prevention and punishment of the crime of genocide.

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