scholarly journals GAS FLARING IN THE NIGER DELTA OF NIGERIA: A VIOLATION OF THE RIGHT TO LIFE AND COMMENT ON THE CASE OF JOHNAH GBEMRE V SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED

1970 ◽  
Vol 22 (1) ◽  
Author(s):  
Abdulkadir Bolaji Abdulkadir
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Niger Delta ◽  
Right To Life ◽  
Gas Flaring ◽  
Secondary Sources ◽  
International Report ◽  
Free Environment ◽  
The Right ◽  
Petroleum Development

The relationship between the protection of the environment and human rights was first established in the Stockholm Declaration of 1972. Since then, it has become acknowledged that human rights such as the right to life can only be enjoyed in a pollution free environment. It is on this premise that this paper seeks to examine how gas flaring, being one of the major environmental challenges in the Niger Delta, is affecting the right to life of the inhabitants. Materials are sourced from both primary and secondary sources to analyse the issues in contention. Data and information are extracted from the Amnesty International Report, United Nations Environmental Programme Report, and the United Nations Development Programme Report. Also, an analysis of the case of Johnah Gbemre v Shell Petroleum Development Company Of Nigeria Limited is done in order to evaluate the judicial response on this perspective.

Views adopted by the Committee under article 5(4) of the Optional Protocol, concerning A.S., D.I., O.I., and G.D. V. Italy, Communication No. 3042/2017 (U.N. Hum. Rts. COMM.)

2021 ◽  
pp. 1-20
Author(s):  
Patricia Vella De Fremeaux (Mallia) ◽  
Felicity G. Attard
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Political Rights ◽  
Right To Life ◽  
Optional Protocol ◽  
Introductory Note ◽  
Protection Of Human Rights ◽  
Civil And Political Rights ◽  
The Right ◽  
Article 5

On January 27, 2021, the United Nations Human Rights Committee (HRC or Committee) published two separate decisions in response to communications brought against Malta and Italy. Both decisions concerned the same incident, which occurred on October 11, 2013, where over 200 migrants drowned in a shipwreck in the Mediterranean. The first complaint brought against Malta was dismissed by the Committee on procedural grounds. In the second case, A.S., D.I., O.I. and G.D. v. Italy, the HRC found that Italy had failed to protect the right to life of the migrants under the International Covenant on Civil and Political Rights (ICCPR). This introductory note discusses the significance of the Committee's findings in this decision and its ramifications with respect to the protection of human rights at sea.

General Comment No. 36 (2018) on Article 6 of the International Covenant on Civil and Political Rights, on the Right to Life (H.R. Comm.)

2019 ◽  
Vol 58 (4) ◽  
pp. 849-871
Author(s):  
Sarah Joseph
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Political Rights ◽  
Right To Life ◽  
Civil And Political Rights ◽  
The United Nations ◽  
The Right

In October 2018, the United Nations Human Rights Committee (UNHRC) adopted General Comment 36 on Article 6 of the International Covenant on Civil and Political Rights (ICCPR), the guarantee of the right to life.

UPHOLDING ENVIRONMENTAL HUMAN RIGHTS THROUGH JUDICIAL INTERPRETATION OF PEACEFUL ENJOYMENT OF PROPERTY

2021 ◽  
Vol 29 ((S2)) ◽  
pp. 249-274
Author(s):  
Abdulkadir Bolaji
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Judicial Interpretation ◽  
Right To Life ◽  
International Human Rights ◽  
International Human ◽  
Environmental Human Rights ◽  
Free Environment ◽  
The Right

Just as the Universal Declaration of Human Rights of 1948 marked the beginning of contemporary international human rights law and the subsequent adoption of regional human rights instruments, so the Stockholm Declaration of 1972 marked the genesis of a rights-based approach to the protection of environment. Since then, human rights have become a legal weapon exerted in the strive to protect the environment and enhance access to environmental justice. Hence, it is not a mere theoretical discourse that environmental degradation affects the enjoyment of basic human rights. It has now become recognized that human rights such as the right to life and many others can only be enjoyed in a polluted free environment. It is against this background that this paper examines how the right to peaceful enjoyment of property as guaranteed in international and regional instruments on human rights has been construed to foster environmental protection. To achieve this, interpretations through decided cases are examined for a proper evaluation of judicial attitude and willingness in this respect.

scholarly journals AN EXPOSITORY STUDY OF THE ISLAMIC APPROACH IN THE JURISPRUDENCE OF RIGHT TO HEALTHFUL ENVIRONMENT

2013 ◽  
Vol 21 (1) ◽  
Author(s):  
Abdulkadir Bolaji Abdulkadir
Keyword(s):  
Human Rights ◽  
Right To Life ◽  
Free Environment ◽  
The Right ◽  
Stockholm Conference

The Stockholm Conference of 1972 marked the emergence of a right-based approach to the protection of environment. Since then, it has become recognised that human rights can only be enjoyed in a pollution-free environment. The right to life may be violated by pollution of environment, which could endanger right to property as well, through interference with enjoyment of one’s property. This paper explores the various ways through which the right to a healthful environment can be ensured from the perspective of Islam. Although many articles have been written on the perspective of Islam to the protection of environment, very few exist on the rightbased approach to the protection. This paper examines the issue from the perspective of the five major principles of Sharîcah popularly referred to as Maqâsid Sharîcah.

scholarly journals Death Penalty under the International Covenant on Civil and Political Rights: Some Reflections for African States

2020 ◽  
Vol 4 (1) ◽  
pp. 187-202
Author(s):  
Zonke Majodina
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Death Penalty ◽  
Special Focus ◽  
Political Rights ◽  
Right To Life ◽  
The World ◽  
Civil And Political Rights ◽  
The Right ◽  
Selection Of

As part of the ongoing movement in support of the abolition of the death penalty across the world, this article presents a selection of cases brought before the United Nations Human Rights Committee (the Committee) on violations of the right to life. With a special focus on Zambian cases, the objective is to demonstrate how the Committee’s views reflect its longstanding jurisprudence that the death penalty should only be applied in the most exceptional circumstances.

KEBIJAKAN MODERASI PIDANA MATI

2017 ◽  
Vol 10 (2) ◽  
pp. 193
Author(s):  
Mei Susanto ◽  
Ajie Ramdan
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Capital Punishment ◽  
Criminal Code ◽  
Right To Life ◽  
Life Imprisonment ◽  
Research Results ◽  
Moderation Model ◽  
The Right

ABSTRAKPutusan Nomor 2-3/PUU-V/2007 selain menjadi dasar konstitusionalitas pidana mati, juga memberikan jalan tengah (moderasi) terhadap perdebatan antara kelompok yang ingin mempertahankan (retensionis) dan yang ingin menghapus (abolisionis) pidana mati. Permasalahan dalam penelitian ini adalah bagaimana kebijakan moderasi pidana mati dalam putusan a quo dikaitkan dengan teori pemidanaan dan hak asasi manusia dan bagaimana kebijakan moderasi pidana mati dalam RKUHP tahun 2015 dikaitkan dengan putusan a quo. Penelitian ini merupakan penelitian doktrinal, dengan menggunakan bahan hukum primer dan sekunder, berupa peraturan perundang-undangan, literatur, dan hasil-hasil penelitian yang relevan dengan objek penelitian. Penelitian menyimpulkan, pertama, putusan a quo yang memuat kebijakan moderasi pidana mati telah sesuai dengan teori pemidanaan khususnya teori integratif dan teori hak asasi manusia di Indonesia di mana hak hidup tetap dibatasi oleh kewajiban asasi yang diatur dengan undang-undang. Kedua, model kebijakan moderasi pidana mati dalam RKUHP tahun 2015 beberapa di antaranya telah mengakomodasi amanat putusan a quo, seperti penentuan pidana mati di luar pidana pokok, penundaan pidana mati, kemungkinan pengubahan pidana mati menjadi pidana seumur hidup atau penjara paling lama 20 tahun. Selain itu masih menimbulkan persoalan berkaitan dengan lembaga yang memberikan pengubahan pidana mati, persoalan grasi, lamanya penundaan pelaksanaan pidana mati, dan jenis pidana apa saja yang dapat diancamkan pidana mati.Kata kunci: kebijakan, KUHP, moderasi, pidana mati. ABSTRACTConstitutional Court’s Decision Number 2-3/PUU-V/2007, in addition to being the basis of the constitutionality of capital punishment, also provides a moderate way of arguing between retentionist groups and those wishing to abolish the death penalty (abolitionist). The problem in this research is how the moderation policy of capital punishment in aquo decision is associated with the theory of punishment and human rights and how the moderation policy of capital punishment in the draft Criminal Code of 2015 (RKUHP) is related with the a quo decision. This study is doctrinal, using primary and secondary legal materials, in the form of legislation, literature and research results that are relevant to the object of analysis. This study concludes, firstly, the aquo decision containing the moderation policy of capital punishment has been in accordance with the theory of punishment, specificallyy the integrative theory and the theory of human rights in Indonesia, in which the right to life remains limited by the fundamental obligations set forth in the law. Secondly, some of the modes of moderation model of capital punishment in RKUHP of 2015 have accommodated the mandate of aquo decision, such as the determination of capital punishment outside the main punishment, postponement of capital punishment, the possibility of converting capital punishment to life imprisonment or imprisonment of 20 years. In addition, it still raises issues regarding the institutions that provide for conversion of capital punishment, pardon matters, length of delay in the execution of capital punishment, and any types of crime punishable by capital punishment. Keywords: policy, criminal code, moderation, capital punishment.

The Office of the United Nations High Commissioner for Human Rights

2018 ◽  
Author(s):  
Gillian MacNaughton ◽  
Mariah McGill
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Right To Health ◽  
Social Rights ◽  
Limited Capacity ◽  
United Nations High Commissioner ◽  
Leading Role ◽  
High Commissioner ◽  
The United Nations ◽  
The Right

For over two decades, the Office of the UN High Commissioner for Human Rights (OHCHR) has taken a leading role in promoting human rights globally by building the capacity of people to claim their rights and governments to fulfill their obligations. This chapter examines the extent to which the right to health has evolved in the work of the OHCHR since 1994, drawing on archival records of OHCHR publications and initiatives, as well as interviews with OHCHR staff and external experts on the right to health. Analyzing this history, the chapter then points to factors that have facilitated or inhibited the mainstreaming of the right to health within the OHCHR, including (1) an increasing acceptance of economic and social rights as real human rights, (2) right-to-health champions among the leadership, (3) limited capacity and resources, and (4) challenges in moving beyond conceptualization to implementation of the right to health.

scholarly journals The Implications of and Responses to COVID-19: Localizing Human Rights in the City of York (UK)

2020 ◽  
Vol 12 (2) ◽  
pp. 250-259
Author(s):  
Paul Gready
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
City Council ◽  
Right To Life ◽  
Thick Description ◽  
The Right ◽  
The City ◽  
Dimensional Picture

Abstract This essay attempts to capture the human rights implications of COVID-19, and responses to it, in the city of York (UK). Three human rights contributions are identified: ensuring that responses enhance dignity, the right to life, non-discrimination, and protect the most vulnerable; using human rights when balancing priorities and making difficult decisions; and optimizing the link between disease and democracy. The overarching aim is to localize and contextualize human rights in a meaningful way in the city, and thereby to provide meaningful guidance to the City Council and statutory agencies when implementing the difficult measures required by the pandemic, and to support civil society advocacy and monitoring. This work, led by the York Human Rights City (YHRC) network, illustrates the value of a localized ‘thick description’ of human rights and the multi-dimensional picture of challenges, innovations and solutions facilitated by such an approach.

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