scholarly journals INTERNATIONAL LAW INTERNATIONS AND HUMAN RIGHTS

2019 ◽  
Vol 6 (2) ◽  
Author(s):  
Saleh Raed Shatat
Keyword(s):  
Human Rights ◽  
International Law ◽  
Civil Liberties ◽  
Human Beings ◽  
Right To Education ◽  
Right To Food ◽  
Economic Rights ◽  
State Practice ◽  
The Right ◽  
International Conventions

International law, also known as public international law and law of the nation is the set of rules, norms, and standards generally accepted in relations between nations. The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of lawrecognized by most national legal systems. Human Rights are the basic rights and freedoms to which all human beings are entitled, like civil and politicalrights, the right to life and liberty, freedom of thought and speech/expression, equality before the law, social, cultural and economic rights, the right to food,the right to work, and the right to education. In short, human rights are freedoms established by custom or international agreements that protect the interests of humans and the conduct of governments in every nation. Human rights are distinct from civil liberties, which are freedoms established by the lawof a particular state and applied by that state in its own jurisdiction. Human rights laws have been defined by international conventions, by treaties, and by organizations, particularly the United Nations. These laws prohibit practices such as torture, slavery, summary execution without trial, and arbitrarydetention or exile.

scholarly journals INFLUENCE OF THE RIGHT TO THE ENVIRONMENT ON SUSTAINABLE DEVELOPMENT FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Akramosadat Kia
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Human Life ◽  
Legal Protection ◽  
Third Generation ◽  
Human Beings ◽  
The Third ◽  
The Right

Nature is one of the most important pillars of human life, which is why the environment has been considered in all historical periods. At first, contemporary international law seeks to protect the environment as part of international environmental law, but the inadequacy of this protection and the need to protect the environment for Nowadays's human beings and future generations, the link between the environment and human rights It was considered because legal protection of human rights could be a means to protect the environment. Hence, in the context of the third generation of human rights, a new right called "the right to the environment" was created in international human rights instruments, in which the environment was raised as a human right. This right is not only a reminder of the solidarity rights that are categorized in the third generation of human rights, but also necessary for the realization of many human rights, civil, political or economic, social and cultural rights. However, the exercise of this right requires a level of development which in turn provides for a greater degree of environmental degradation. Hence, the international community since the nineties has promoted the idea of sustainable development at all levels of national, regional and the international has put it on its agenda.

Part II Predominant Security Challenges and International Law, Economic and Resource Security, Ch.27 Food Security

2021 ◽  
Author(s):  
Elver Hilal
Keyword(s):  
Human Rights ◽  
Food Security ◽  
Food Insecurity ◽  
International Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Right To Food ◽  
International Convention ◽  
Fundamental Rights And Freedoms ◽  
The Right

This chapter focuses on food security. Although ‘food security’ is not a legal concept and does not impose rights or responsibilities, it is a necessary precondition to the full enjoyment of the right to food. The right to food is enshrined in article 25 of the Universal Declaration of Human Rights as an integral part of the right to an adequate standard of living. As this right is indivisible, interrelated, and interdependent with all other fundamental rights and freedoms, it is ultimately essential for a secure, safe, and harmonious world. The chapter demonstrates that severe food insecurity continues to inflict massive casualties and create and prolong conflicts and emergencies despite well-established rules of international law, international humanitarian law, and international human rights law. It then looks at the international law principles protecting food security with the aim to diffuse emergency situations that create instability, inequality, and unrest, including those resulting from conflicts and natural disasters. The chapter provides suggestions for enforcing and enhancing existing laws and for the adoption of a new international convention which will set out clear duties and obligations for States and non-State actors with a view to eliminating food insecurity and preventing violations of the right to food for a safer, more secure world.

scholarly journals Prisoners' right to education: A philosophical survey

2014 ◽  
Author(s):  
John Vorhaus
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Point Of View ◽  
Respect For Persons ◽  
Human Right ◽  
Right To Education ◽  
The Face ◽  
The Right ◽  
International Conventions ◽  
And Training

Article 26 of the Universal Declaration of Human Rights declares: 'Everyone has the right to education.' This implies that the right to education and training applies to all persons, including all persons in prison. This position is considered here from a philosophical point of view and it will receive some support. Yet it is not obvious that the position is correct, nor, if it is, how it is best explained. I will examine the basis for asserting a right to education on behalf of all prisoners, and consider what is required by way of its defence in the face of common objections. I illustrate how international conventions and principles express prisoners' right to education, and I look at how this right is defended by appeal to education as a means to an end and as a human right – required by respect for persons and their human dignity.

scholarly journals Competence in light of the challenges of the VUCA reality as an important element of human rights

2021 ◽  
pp. 210-225
Author(s):  
Bartosz Sobotka ◽  
Iwona Florek
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Central Element ◽  
Human Beings ◽  
Right To Education ◽  
International Debate ◽  
The Sustainable Development ◽  
Development Goals ◽  
The Right ◽  
International Document

The article presents the genesis of human rights of the different generations in the aspect of development, describes the role and place of human beings in the context of technological change and competence mismatch as a challenge for the education system. The aim of the article is to consider the essence of understanding the content of human rights and in particular the right to education in the context of changing realities and changing competence needs under VUCA conditions. The research hypothesis is the claim that currently the understanding of the content of human rights is less and less adapted to the labile reality. The article contains a recommendation to start an international debate on the elaboration of a new international document (successor to the Sustainable Development Goals), the central element of which should be the partnership for education (Education Alliance 2050).

Re-examining States’ External Obligations to Implement Economic and Social Rights of Children

2009 ◽  
Vol 22 (2) ◽  
pp. 407-449 ◽  
Author(s):  
Michael Wabwile
Keyword(s):  
International Law ◽  
General Assembly ◽  
Social Rights ◽  
Human Beings ◽  
Legal Basis ◽  
Economic Rights ◽  
Rights Of The Child ◽  
State Practice ◽  
Un General Assembly ◽  
Social And Economic Rights

International law on the protection and promotion of social and economic rights of the child binds states parties to respect, protect and secure these rights both in their own territories as well as to contribute to the programmes for such fulfilment in other countries in a strategy aiming at global implementation of these rights. This paper explores the legal basis for states‘ external obligations to support fulfilment of social and economic rights. It surveys inter alia the relevant treaty texts, explanatory resolutions of the UN General Assembly and statements in reports submitted by states parties to the UN monitoring committees, and argues that recent state practice and interpretation of human rights obligations confirms the extraterritorial obligations to support fulfilment of these rights. Since these are obligations to fulfil the rights of human beings in other countries rather than obligations to third states, they can be referred to as ‘diagonal obligations‘ to distinguish them from inter-state horizontal responsibility.

A Right to Health Care

2012 ◽  
Vol 40 (2) ◽  
pp. 268-285 ◽  
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Right To Health ◽  
Physical And Mental Health ◽  
Human Right ◽  
Economic Rights ◽  
Right To Health Care ◽  
The Right ◽  
International Conventions ◽  
Special Case

Do we have a legal and moral right to health care against others? There are international conventions and institutions that say emphatically yes, and they summarize this in the expression of “the right to health,” which is an established part of the international human rights canon. The International Covenant on Social and Economic Rights outlines this as “the right of everyone to the enjoyment of the highest attainable standard of physical and mental health,” but declarations such as this remain tragically unfulfilled. According to recent figures, roughly two billion people lack access to essential drugs or to primary health care. Millions are afflicted by infections and illnesses that are easily avoidable or treatable. In the developing world many children die or grow stunted and damaged for lack of available treatments. Tropical diseases receive little or no attention by the major pharmaceutical companies’ research departments. Is this a massive violation of the right to health? And if so, why does it attract so little attention? Is it because our supposed commitment to human rights and the rule of law is hypocritical and hollow? Or is it because the right to health is a special case of a right, so that these tragedies are no violation at all? Jennifer Prah Ruger summarized this puzzle when she wrote: “one would be hard pressed to find a more controversial or nebulous human right than the right to health.” In this essay I discuss three different theories of a right to health care. I conclude by offering my own reconstruction of one such theory.

The Limits of Law

2020 ◽  
pp. 109-130
Author(s):  
Michelle Jurkovich
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
Right To Food ◽  
International Human ◽  
The Right

This chapter considers the puzzling role of international law around the right to food and examines why the existing law has been unable to generate norms within the advocacy community. It explores the reasons why international anti-hunger organizations rarely legitimate the right to food in legal terms and how this case can challenge the understanding of the relationships between norms, human rights, and law. It also provides a conceptual discussion of the distinction between formal law and norms, underscoring the importance of not conflating the two concepts. The chapter argues that many international anti-hunger organizations still do not conceptualize food as a human right, making international human rights law less relevant. It looks at the hunger case that suggests there is nothing automatic about law generating norms among activists or society at large.

scholarly journals HAK ASASI MANUSIA SEBAGAI JUS COGENS DAN KAITANNYA DENGAN HAK ATAS PENDIDIKAN

Yuridika ◽  
2017 ◽  
Vol 32 (2) ◽  
pp. 352
Author(s):  
Virgayani Fattah
Keyword(s):  
Human Rights ◽  
International Law ◽  
Right To Education ◽  
Social Community ◽  
National Education ◽  
Peremptory Norm ◽  
Jus Cogens ◽  
The Right ◽  
Peremptory Norms

Jus cogens as a norm of general international law accepted and recognized by the community as a whole interasional with the main characteristics are non-derogable nature. The right to education is a fundamental human rights, so that its presence can not be reduced under any circumstances based on the benefits and importance of education for children. The national education policy is not fully aligned with the international human rights instruments led to the development of the education sector is not entirely based on human rights. Government is obliged to fulfill the right to education, especially with regard to the budget for building and repairing school buildings and improve the quality of education in Indonesia. The importance of the right to education as the main vehicle for elevating and empowering children from poverty, as a means to actively participate in the construction and total social community and as a powerful path towards human civilization itself. So it can be understood that a peremptory norm, also called jus cogens is a basic principle of international law that is considered to have been accepted in the international community of the country as a whole. Unlike general treaty law that traditionally requires treaties and allows for changes in obligations between countries through treaties, peremptory norms can not be violated by any country.

Experiments on Human Beings and International Law

1990 ◽  
Vol 3 (1) ◽  
pp. 18-34
Author(s):  
Matthus de Blois
Keyword(s):  
Human Rights ◽  
International Law ◽  
Humanitarian Law ◽  
Human Beings ◽  
Personal Integrity ◽  
International Convention ◽  
The Right

Experiments on human beings are often beneficial for mankind in general and individuals in particular. They may, however, also present a threat to the right to the personal integrity. Existing provisions of the international law on human rights as well as of humanitarian law are instruments to protect this right against certain forms of experimentation. They leave, therefore, many questions open. Several non-binding texts give suggestions to answer them. They are also useful as materials for an international convention to protect human beings against unwarranted experimentation.

Nationality, State Succession, and the Right of Option: The Case of Québec

1999 ◽  
Vol 36 ◽  
pp. 151-180
Author(s):  
Gibran van Ert
Keyword(s):  
Human Rights ◽  
International Law ◽  
The State ◽  
Human Right ◽  
State Practice ◽  
State Succession ◽  
The Law ◽  
The Right ◽  
Nationality Law

SummarySome advocates of Québec separatism claim that Quebecers could retain their Canadian nationality following Québec’s secession from Canada. This article examines international nationality law to test the accuracy of that claim. A device known as an option exists in international law as a means of allowing individuals to determine for themselves the effect of state succession upon their nationality. This article considers the place of options in the law of state succession, both as it now stands and as proposed by the International Law Commission’s Draft Articles on the Nationality of Natural Persons in Relation to the Succession of States, 1997. Four possible arguments in favour of a Québécois option are given, the most convincing of which arises by analogy to state practice in the use of plebiscites. This argument suggests that international law would require the state of Québec to grant all Canadians affected by Québec’s secession a right to opt for Canadian nationality instead of Québécois nationality with the caveat that those opting to retain Canadian nationality could face expulsion from Québec. Finally, the article suggests that the development of human rights in international law should extend to recognize a true human right of option in cases of state succession. Regrettably, the ILC Draft hinders, rather than encourages, this desirable development.

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