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 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>

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 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.

Democratic Sovereignty and Transnational Law

2017 ◽  
pp. 21-46
Author(s):  
Seyla Benhabib
Keyword(s):  
Human Rights ◽  
International Treaties ◽  
International Human Rights ◽  
Legal Norms ◽  
Global Constitutionalism ◽  
International Human ◽  
The One ◽  
Human Rights Norms ◽  
Zero Sum ◽  
The Cost

Critics of legal cosmopolitanism and global constitutionalism have often pointed to an alleged zero-sum conflict between democratic sovereignty and a particular class of international legal norms: those pertaining to human rights. It is undeniable that there exist tensions between the application of, and compliance with, human rights norms in domestic contexts, on the one hand, and international treaties and covenants, on the other. Benhabib develops a conceptual and empirical model for understanding these tensions not as a zero-sum game, but rather as a process of dialectical norm-enhancement and interpretation. Her thesis is that compliance with international human rights norms does not come at the cost of, but rather reinforces, democratic sovereignty.

scholarly journals The position of victims in Serbia: Criminal procedure and possibilities of restorative justice

Temida ◽  
2006 ◽  
Vol 9 (1) ◽  
pp. 67-75 ◽  
Author(s):  
Vesna Nikolic-Ristanovic ◽  
Sanja Copic
Keyword(s):  
Human Rights ◽  
Restorative Justice ◽  
Criminal Procedure ◽  
Support Service ◽  
Point Of View ◽  
The Other ◽  
Victim Support ◽  
The One ◽  
The Way

In the paper, the authors deal with the victim"s position in the criminal procedure, on the one hand side, and the possibilities of implementing restorative justice and its importance for the improvement of victim"s position in Serbia, on the other one. In the first part of the paper, the authors point out victim"s position within the criminal procedure and the noticed gaps, which are particularly reflected in insufficient paying attention to the victim and neglecting of his/her rights and needs. This is opposite to the strengthening of the rights of the accused party that characterizes societies, which are, as our society, on the way of democratization and improvement of human rights. In the second part of the paper, the authors analyze some solutions that introduce elements of restorative justice into our system of criminal response to crime, but from the victim"s point of view. Finally, the authors also point out some further steps that should be undertaken in order to improve the victim"s position, particularly emphasizing the place and role of victim support service, witness service and special facilities in the courts for victims/witnesses, possibilities of using victim-offender mediation before reporting the crime, or staring the prosecution, or as a part of the treatment in the prison etc.

scholarly journals An Analysis of the Security Council Procedures in Managing Severe Violations of the International Human Rights

2016 ◽  
Vol 9 (8) ◽  
pp. 33
Author(s):  
Abdolsamad Doulah ◽  
Mirshahbiz Shafee
Keyword(s):  
Human Rights ◽  
Security Council ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Peace ◽  
International Crises ◽  
International Human Rights ◽  
International Human ◽  
The One

The UN Security Council is primarily in charge of maintaining international peace and security. There has been raised various debates on how the Security Council manage international crises in the world, particularly severe violations of international human rights law. On the one hand, the traditional view to international peace has altered and the Security Council is also in charge of observing the standards of the international human rights. On the other hand, the international community has faced inconsistencies in the use of the veto by its permanent members on the international human rights violations. However, many analysts believe that the Security Council could take timely action to prevent violations of international human rights law. At that time, they fell into the trap of politics and proved insufficient. This article is in response to this important issue, indicating that the management of the Security Council has been fair in the case of international human rights violations. This study also aims to investigate whether the Security Council has been successful in adopting a procedure independent from the interests of its permanent members.

Human Rights, Membership, and Moral Responsibility in an Unjust World

2018 ◽  
Author(s):  
Alex Levitov ◽  
Stephen Macedo
Keyword(s):  
Human Rights ◽  
Moral Responsibility ◽  
The Other ◽  
Self Determination ◽  
Free Movement ◽  
International Human Rights ◽  
Collective Self ◽  
International Human ◽  
Political Communities

International human rights instruments establish both a fundamental right to collective self-determination and a right of individuals to free movement. What principles and priorities should guide us when these two sets of claims come into conflict? When and under what conditions are political communities morally entitled to exclude those who wish to enter? And when, on the other side, do the rights of individuals seeking entry take priority? These issues are both philosophically contested and of great practical import, and this chapter seeks to illuminate them.

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.

scholarly journals Critical Analysis of Refugee Protection in South Asia

Refuge ◽  
2001 ◽  
pp. 6-16 ◽  
Author(s):  
Veerabhadran Vijayakumar..
Keyword(s):  
Human Rights ◽  
Comparative Analysis ◽  
South Asia ◽  
Critical Analysis ◽  
The Other ◽  
International Human Rights ◽  
National Legislation ◽  
Judicial Decisions ◽  
Refugee Protection ◽  
International Human

Many countries in Asia and all the countries in South Asia have not acceded to the Refugee Convention of 1951 or the Protocol of 1967 in spite of the fact that a large number of refugees come from this region. The reasons for not ratifying them are not clear even though many international human rights instruments have been ratified by many of them. The probable reasons for not ratifying the Refugee Conventionor the Protocol, the lack of any regional approach or national legislation to address the problem, the contribution made by the international community to the crises in this region, nature of protection, the extent of rights available to the refugees and a brief comparison between the Northern and Southern perspectives have also been explained. Some of the important judicial decisions from India have been relied upon to appreciate the developments. This article concludes by emphasizing that through a comparative analysis of both the Northern and Southern perspectives relating to the protection of refugees, each can benefit from the experiences of the other, improve and build a scheme to care for the millions of refugees as well as others of concern in the new millennium.

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