Revisiting the Samsung Leukemia Disputes from the Perspective of the International Human Rights Norms

2021 ◽  
Vol 68 ◽  
pp. 177-217
Author(s):  
Sang Soo Lee
Keyword(s):  
Human Rights ◽  
International Human Rights ◽  
International Human ◽  
Human Rights Norms

Germany

2018 ◽  
Author(s):  
Valentin Aichele
Keyword(s):  
Human Rights ◽  
International Law ◽  
Direct Effect ◽  
Federal Courts ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
Public International Law ◽  
Monitoring Mechanism ◽  
International Human ◽  
Human Rights Norms

This chapter analyses the use and interpretation of the Convention on the Rights of Persons with Disabilities (CRPD) in sixty-nine decisions of German federal courts between 2009 and mid-2016. German courts’ failure to be proactive in demonstrating ‘friendliness towards public international law’ when dealing with international human rights norms has been criticised. The National CRPD Monitoring Mechanism addressed problems in the application of the law. This chapter investigates the courts’ understanding of basic CRPD concepts, judicial techniques, interpretation methods and specific CRPD provisions. The importance of the concepts of self-executing provisions and direct effect is discussed. In quantitative terms, German courts have referred to the CRPD more often than any other UN international human rights instrument. Furthermore, in qualitative terms, federal courts have become more receptive towards the CRPD. However, it is clear that much of the potential for courts to use the CRPD in the realisation of the rights of persons with disabilities remains untapped.

Municipal Courts and the International Interpretive Principle: Al-Kateb v Godwin

2020 ◽  
Vol 43 (3) ◽  
Author(s):  
Michael Kirby
Keyword(s):  
Human Rights ◽  
Common Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Global Problems ◽  
The Common ◽  
International Human ◽  
Human Rights Norms ◽  
Constitutional Adjudication

This article examines the decision in Al-Kateb v Godwin (2004) 219 CLR 562. It revisits the suggested ‘heresy‘ that international human rights law may influence the interpretation of the Australian Constitution and other legal texts. Accessing universal human rights law, including in constitutional adjudication, was endorsed in the Bangalore Principles on the Domestic Application of International Human Rights Norms 1988. The author suggests that interpreting statutory language in this way is not dissimilar to the common-law principle of interpreting statutes so as to uphold basic rights. But should an analogous approach be permissible in deciding the meaning of constitutional language? Although arguably invoked by the majority of the High Court in Mabo v Queensland [No 2] (1992) 175 CLR 1, in the context of declaring the common-law, so far this approach has not been accepted for constitutional elaboration in Australia. But should this be so in the age of global problems and internationalism?

Punish My Husband but not so Hard: Religion, Customary Values and Conventional Approaches to Human Rights in Ghana

2012 ◽  
Vol 7 (2) ◽  
pp. 71-93
Author(s):  
Abamfo O. Atiemo
Keyword(s):  
Human Rights ◽  
Integrative Approach ◽  
Cultural Resources ◽  
African Countries ◽  
International Human Rights ◽  
Radio Stations ◽  
National Debate ◽  
Fm Radio ◽  
International Human ◽  
Human Rights Norms

Abstract Incorporating international human rights provisions into domestic legislation and implementing them have always been a challenge for several African countries. This is especially so where religious and customary values are involved. The limitations of conventional approaches employing legislation, litigation and protests alone often become radically exposed in such contexts. This was illustrated by a long public debate that preceded the passage of Ghana’s Domestic Violence Act (Act 723), 2007. A national debate, facilitated by the proliferation of FM radio stations that employ both English and the leading mother-tongues, enabled citizens at the grassroots to also participate in the discussions. Using the debate mentioned above as a case-study, this article discusses constraints imposed on the growth of human rights culture in situations where religious and customary values are widely held. Since such values inspire behaviours and attitudes rooted in religious belief and custom, they remain largely resistant to purely secular methods. At the end the article proposes an integrative approach that combines conventional methods with religious and cultural resources in an effort to gain wide acceptance of international human rights norms in such societies.

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