scholarly journals Profiling of Human Tragedy in Kashmir and Kashmir Movement: Post Revocation of Article 370

2019 ◽  
Vol II (I) ◽  
pp. 1-15
Author(s):  
Fazal Rehman Kakar ◽  
Muhammad Imran Ashraf ◽  
Noor Fatima
Keyword(s):  
Human Rights ◽  
Case Studies ◽  
Research Paper ◽  
Political Rights ◽  
Right To Life ◽  
Extrajudicial Killings ◽  
Human Tragedy

This research paper is an attempt to make a comprehensive profile of human tragedies occurred in Kashmir, look into the sources of human tragedies and provide contemporary developments regarding the issue of human tragedy in Kashmir. This paper also highlights the severe crimes being committed in Kashmir which have affected lives of millions of people in living in Kashmir. There are numerous cases which reflect the violation of humanitarian laws in Kashmir by the Indian on ground troops in the valley. This research paper looks at the massive level of violation of human rights protected in UN charter. Pressing problems such as force full abduction, extrajudicial killings, and violation of political rights, liberty and even right to life will be discussed with comprehensive case studies. In later part Kashmir movement will be introduced and will elaborate its effectiveness in resistance against Indian brutalities.

scholarly journals Non-universal Human Rights? How Article 6 (2) of the International Covenant on Civil and Political Rights Undermines Human Rights

2020 ◽  
Vol 9 (1) ◽  
pp. 99-117
Author(s):  
Billy Holmes
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Human Dignity ◽  
Final Section ◽  
Political Rights ◽  
Right To Life ◽  
Universal Human Rights ◽  
Civil And Political Rights ◽  
The Right

Article 6 of the International Covenant on Civil and Political Rights facilitates inequality regarding the imposition of the death penalty and thus, it cannot ensure universality for the protection of the right to life. Paragraph two of this article states: ‘sentence of death may be imposed only for the most serious crimes.’ This article argues that the vagueness of the phrase ‘the most serious crimes’ allows states to undermine human rights principles and human dignity by affording states significant discretion regarding the human rights principles of equality and anti-discrimination. The article posits that this discretion allows states to undermine human dignity and the concept of universal human rights by challenging their universality; by facilitating legal inequality between men and women. Accordingly, it asserts that the implications of not expounding this vague phrase may be far-reaching, particularly in the long-term. The final section of this article offers a potential solution to this problem.

scholarly journals The Right to Life

2014 ◽  
Author(s):  
William A. Schabas
Keyword(s):  
Human Rights ◽  
Use Of Force ◽  
International Humanitarian Law ◽  
Political Rights ◽  
Humanitarian Law ◽  
Right To Life ◽  
Rules And Principles ◽  
Civil And Political Rights ◽  
The Right ◽  
Self Defence

This chapter examines the rules and principles of the international humanitarian law (IHL) governing the right to life. It discusses the origins and scope of the right to life and clarifies that the protection provided by the International Covenant on Civil and Political Rights (ICCPR) does not cease in times of war. It also considers some widely-recognized exceptions to or limitations upon the right to life, including killing in self-defence and the lethal use of force by the authorities in order to prevent crime. This chapter argues that while resorting to armed force may be necessary to prevent human rights violations, its benefits should not be exaggerated.

scholarly journals Extraterritorial application of the right to life on the high sea . Commentary to the Views adopted by the Human Rights Committee of 27 January 2021, A.S., D.I., O.I. and G.D. against Italy, Communication No. 3042/2017

2021 ◽  
Author(s):  
Bartosz Pacholski
Keyword(s):  
Human Rights ◽  
International Law ◽  
Subject Matter ◽  
Political Rights ◽  
Right To Life ◽  
Rescue Operation ◽  
Protection Of Human Rights ◽  
The Subject ◽  
Civil And Political Rights ◽  
The Right

The subject matter of this commentary, which instigates the Views of the Human Rights Committee of 27 January 2021, is the protection of one of the fundamental human rights – the right to life. The Committee, as an authority appointed to oversee compliance with the International Covenant on Civil and Political Rights, had to decide on the issue of Italy’s responsibility for failing to provide assistance to a boat in distress, even if the area in which the vessel was located was not within the territory of this state and other acts of international law attribute the responsibility for executing the rescue operation to a third country. According to the Committee’s views, which applied extraterritorial approach to the protection of the right to life, whenever states have the opportunity to take action for the protection of human rights they should do everything possible in a given situation to help people in need.

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.

Drone Deaths Violate Human Rights: The Applicability of the iccpr to Civilian Deaths Caused by Drones

2017 ◽  
Vol 6 (2) ◽  
pp. 205-241
Author(s):  
Jessica Lynn Corsi
Keyword(s):  
Human Rights ◽  
The United States ◽  
Political Rights ◽  
Humanitarian Law ◽  
Right To Life ◽  
Customary International Law ◽  
Legal Context ◽  
Drone Strikes ◽  
The Right ◽  
And Control

This article argues that the thousands of lethal drone strikes conducted since 2001 violate the International Covenant on Civil and Political Rights (iccpr), and in particular, the right to life. The analysis provided is also applicable to the right to life enshrined in customary international law and regional human rights treaties. While most legal and academic commentary on deaths caused by drones has focused on an international humanitarian law (ihl) framework—perhaps because the primary weaponised drone user, the United States, insists that this is the appropriate legal context—this article argues that a human rights framework for assessing lethal drone strikes is preferable, useful, and necessary. Not only is it likely that the so-called war on terror is a semantic rather than a legal war, the iccpr continues to apply during conflict. Moreover, opacity surrounds most lethal drone strikes, which the Trump administration appears likely to increase, while simultaneously reducing Obama-era safeguards. In that context, a human rights assessment, which will be inherently more stringent towards fatalities than an ihl framework, is urgently needed. The article concludes that the right to life attaches to everyone regardless of the territory in which they are targeted; that effective jurisdiction and control is satisfied upon ability to lethally target an individual; that relevant iccpr rights apply in ungoverned territories as well; and that the threat of terrorism does not displace these rights or the applicability of the iccpr.

scholarly journals Interpreting ‘Most Serious Crimes’ under Article 6(2) of ICCPR

2020 ◽  
Vol 31 (3) ◽  
pp. 419
Author(s):  
Devita Kartika Putri
Keyword(s):  
Human Rights ◽  
National Security ◽  
Death Penalty ◽  
Political Rights ◽  
Right To Life ◽  
Loss Of Life ◽  
Margin Of Appreciation ◽  
Civil And Political Rights ◽  
The Right

Article 6 of the International Covenant for Civil and Political Rights protects the right to life. Meanwhile, Article 6(2) stipulates an exception where death penalty may only be imposed for the ‘most serious crimes.’ The Human Rights Committee had previously provided that ‘most serious crimes’ exclude other crimes which do not result in loss of life regardless of how severe the crime may be, including—crimes that threaten national security. In this regard, this Article will attempt to explore the scope of ‘most serious crimes’ by means of interpretation and margin of appreciation.

scholarly journals The Interpretation of Freedom of Religion and Believe: How Do University Understand This to Society?

2020 ◽  
Vol 2 (1) ◽  
pp. 15-28
Author(s):  
Rurin Sisilia Prasetyani ◽  
Shally Saniyya Novina
Keyword(s):  
Human Rights ◽  
Human Freedom ◽  
Freedom Of Religion ◽  
Political Rights ◽  
Right To Life ◽  
Basic Rights ◽  
Protestant Christians ◽  
Religion And Ethnicity ◽  
The Government ◽  
The Right

This paper is based on the condition of freedom of religion and belief and people's understanding of the meaning of freedom of religion and belief which is still wrong and ambiguous. In fact, as dignified beings, humans have a number of basic rights that must be protected, such as the right to life, the right to political rights, the right to assemble, as well as the right to religion and belief. Human rights values ​​teach that these basic human rights are protected and respected. Human rights teach the principle of equality and human freedom so that there can be no discrimination, exploitation and violence against humans in any form and also there should not be any restrictions and restrictions on basic human freedoms, including the right to freedom of religion. The Indonesian nation is a pluralistic nation. There are various kinds of ethnicity, race, religion, and ethnicity that cause diversity in Indonesia. Although the majority of Indonesian people are followers of Islam, however, in Indonesia there are also several other official religions recognized by the government, namely, Catholic Christians, Protestant Christians, Hindus, Buddhists, and Confucians. Therefore, every person has the right to freedom of religion or belief, that means no one may be subject to coercion that would interfere with his freedom to adhere to or embrace a religion or belief of his own choice.

The Right to Life and the Progressive Abolition of the Death Penalty

2018 ◽  
Author(s):  
Christof Heyns ◽  
Thomas Probert ◽  
Tess Borden
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Political Rights ◽  
Global Level ◽  
Right To Life ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
Global Norms ◽  
Civil And Political Rights ◽  
The Right

This chapter begins with the contention that global norms surrounding the death penalty have evolved considerably over the last fifty years. It reviews the extent to which international human rights treaties, including the United Nations (UN) International Covenant on Civil and Political Rights (ICCPR), and some of the regional human rights treaties, allow for and indeed arguably require the progressive abolition of the death penalty. It then further examines the trends at a global level in terms of the imposition of the death penalty, and some of the potential spaces for advocacy or litigation, in both retentionist and abolitionist states, aimed at reducing and ultimately ending the practice.

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