scholarly journals Introduction Vol 4 Issue 1

2019 ◽  
Vol 4 (1) ◽  
pp. i-iii
Author(s):  
Syed Sami Raza
Keyword(s):  
Human Rights ◽  
Cultural Values ◽  
Far East ◽  
International Human Rights Law ◽  
Law Enforcement Agencies ◽  
Policy And Practice ◽  
Asian Cultural Values ◽  
Peace And Conflict Studies ◽  
Indian Law ◽  
Diplomatic Immunity

In this issue we have a set of diverse articles. They are diverse in their academic fields, research methods, and geographic areas. There is one article that comes from critical cultural studies and discusses the relationship between human rights and Asian cultural values in the Far East countries. Another is based in critical legal studies and focuses on procedural rights of the accused in criminal justice system of Pakistan. Yet another is based in international law and discusses how international human rights law has yielded grounds to the principle of diplomatic immunity in the case of Jamal Khashoggi. There is also an article from humanities field that throws light on human rights violations in Kashmir at the hands of Indian law enforcement agencies. Finally, we have one article that comes from peace and conflict studies, and it discusses the aspect of human security in modern counter-insurgency policy and practice.

Translating International Law into Domestic Law, Policy, and Practice

2020 ◽  
pp. 113-132
Author(s):  
Gillian MacNaughton ◽  
Angela Duger
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Policy And Practice ◽  
International Human Rights ◽  
International Human ◽  
Judicial Actions ◽  
Domestic Law ◽  
Subnational Governments

This chapter provides an overview of the means through which international human rights law is translated into domestic law, policy, and practice. To have an influence on public health, international human rights law must be translated into domestic action. As international human rights law is largely state centered, it relies upon national and subnational governments to implement it—to promote and protect human rights and to provide remedies to victims of human rights violations. Based upon international rules on domestic implementation, there are four general approaches to translate international law into domestic action: human rights education, policymaking, judicial actions, and engagement with international human rights mechanisms. National and subnational governments use these four approaches to translate international human rights law into domestic law, policy, and practice for health, while nongovernmental organizations and international human rights mechanisms play important roles in monitoring these processes.

Extra-judicial killings and human rights law: Bangladesh perspective

2017 ◽  
Vol 59 (6) ◽  
pp. 1116-1125 ◽  
Author(s):  
Md Sazzad Hossain
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Life ◽  
Law Enforcement Agencies ◽  
International Human Rights ◽  
Content Type ◽  
International Human ◽  
The Right

Purpose The main purpose of this paper is to explore the extra-judicial killing situation in Bangladesh by analyzing both national and international human rights law. In addition, this paper will also identify the remedy that is available for the victim’s family for extra-judicial killing by law enforcement agencies, especially the Rapid Action Battalion of Bangladesh. Design/methodology/approach This is a qualitative research where both primary and secondary sources have used to identify the situations of extra-judicial killings in Bangladesh, the human rights instruments and the judicial activism to protect human rights. Findings This paper will show impunity of the law enforcement agencies increasing the number of extra-judicial killings of citizens, by violating the Constitutional and International human rights law that deal with “right to life”. The state sovereignty is not hindering the implementation of the international law, but the judiciary of Bangladesh needs to be more efficient in protecting citizens’ human rights, along with bringing criminal prosecution against members of the law enforcement agencies, by providing “effective and adequate” remedy to the victim’s family. Research limitations/implications While analyzing the “right to life” under the International Human Rights Conventions, this paper will only deal with the UDHR and the ICCPR, as Bangladesh has ratified those Conventions. Originality/value This paper will add value to identify the present rights of the citizen under domestic and international law and to incorporate new legislation through finding the lack of present legislation to protect the right to life and remedy for extra-judicial killings in Bangladesh.

scholarly journals s.Two Implementation and Accountability, 5 Translating International Law into Domestic Law, Policy, and Practice

2020 ◽  
Author(s):  
MacNaughton Gillian ◽  
Duger Angela
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Policy And Practice ◽  
International Human Rights ◽  
International Human ◽  
Judicial Actions ◽  
Domestic Law ◽  
Subnational Governments

This chapter provides an overview of the means through which international human rights law is translated into domestic law, policy, and practice. To have an influence on public health, international human rights law must be translated into domestic action. As international human rights law is largely state centered, it relies upon national and subnational governments to implement it—to promote and protect human rights and to provide remedies to victims of human rights violations. Based upon international rules on domestic implementation, there are four general approaches to translate international law into domestic action: human rights education, policymaking, judicial actions, and engagement with international human rights mechanisms. National and subnational governments use these four approaches to translate international human rights law into domestic law, policy, and practice for health, while nongovernmental organizations and international human rights mechanisms play important roles in monitoring these processes.

Revisiting the working of patent requirements under Indian patent law

2021 ◽  
Vol 11 (3) ◽  
pp. 386-396
Author(s):  
Pratik Prakash Dixit
Keyword(s):  
Human Rights ◽  
Patent Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Public ◽  
Disclosure Requirements ◽  
Patented Product ◽  
International Human ◽  
Indian Law

This article aims to analyse the working of patent requirements under Indian patent law. A patent working requirement generally entails that the patentee must work or apply the patented product in the patent granting country. This article evaluates the compatibility of the patent working requirement with the TRIPS Agreement from the perspective of international human rights law. A human rights approach suggests that the rights of the patentee must be reconciled with the interests of the general public. In such pursuance, this article argues that there is a need to recalibrate the patent working requirement under the Indian law to strike a right balance between the rights of the patentee and the public interest. Particularly, this article argues that India must modify the present patent working disclosure requirements to ensure that foreign patentees are able to do business in India without bureaucratic hassles.

Domestic Workers’ Human Rights Versus Diplomatic Immunity: Developments in International and National Jurisprudence

2013 ◽  
Vol 22 (1) ◽  
pp. 201-220 ◽  
Author(s):  
Fulvia Staiano
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Protection ◽  
Domestic Workers ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Diplomatic Immunity

Diplomatic immunities significantly contribute to a protection gap for domestic workers in diplomatic households who are victims of egregious forms of exploitation and abuse, and thus, of serious human rights violations. The abuse of such immunities by diplomatic agents in order to shun judicial review by the courts of the receiving States constitutes indeed a serious obstacle to obtaining redress. The resulting conflict between international rules on immunity and domestic workers’ human rights epitomizes the increasingly frequent challenges posed by international human rights law to classic rules of international law, and raises the issue of how to find balanced solutions to such conflicts. Against this background, the uncertain and discretional character of diplomatic measures prevents them from constituting a tool of legal protection for domestic workers experiencing human rights violations. With that in mind, this contribution inquires on alternative remedies available in international and domestic law, with a specific focus on the relationship between international rules on immunities and two other bodies of law, i.e. international human rights law and peremptory norms of international law.

scholarly journals The Tenure Guidelines in Policy and Practice: Democratizing Land Control in Guatemala

Land ◽  
2019 ◽  
Vol 8 (11) ◽  
pp. 168
Author(s):  
Salena Tramel
Keyword(s):  
Human Rights ◽  
Natural Resource ◽  
Political Legitimacy ◽  
Slow Motion ◽  
International Human Rights Law ◽  
Policy And Practice ◽  
International Human Rights ◽  
International Human ◽  
The Government ◽  
And Control

This paper explores the challenges for democratizing land and natural resource control in Guatemala through use of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries, and Forests (Tenure Guidelines). This international human rights instrument comes at a critical moment, in which the current global land rush has shaped contemporary agrarian transformation with serious implications for the right to food and control of natural resources. The Tenure Guidelines provide us with a unique opportunity to put land and natural resource tenure squarely under the prescriptions of international human rights law, rather than allowing tenure to be subsumed by a narrow understanding of property rights based on civil and merchant law. In Guatemala, we are witnessing a political opening, where the government has incorporated the language of the Tenure Guidelines into its regulatory framework unlike any other country in Latin America. At the same time, the world watches on while a slow-motion coup engulfs the Central American country, reflecting a global trend of gutting democracies and coopting the language and legislation meant to protect them. Thus, the implementation of the Tenure Guidelines is strongly contested by state and corporate actors seeking to use the instrument in order to gain political legitimacy for the expansion of agribusiness like oil palm and sugarcane, and other forms of extractive industry. This paper’s findings indicate that when applied together with a rights-based approach, the Tenure Guidelines are a powerful social and political tool. Such is especially true of the most marginalized populations who require protection and respect for their existing tenure rights, promotion of reforms for better access to and control over land and resources, and restoration of tenure rights resulting from displacement or dispossession.

scholarly journals Building and Applying a Human Rights-Based Model for Migrant Integration Policy

2019 ◽  
Vol 11 (3) ◽  
pp. 445-466
Author(s):  
Clíodhna Murphy ◽  
Mary Gilmartin ◽  
Leanne Caulfield
Keyword(s):  
Human Rights ◽  
Disability Services ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Integration Policy ◽  
Policy And Practice ◽  
The Public ◽  
Migrant Populations ◽  
Treaty Monitoring ◽  
Migrant Integration

Abstract The approach of public bodies towards migrant populations is often framed in terms of ‘migrant integration’. However, domestic integration policy and practice often come up short in terms of ensuring equal access to rights such as education, employment and housing for migrants. In this article, we discuss a variety of approaches to defining and measuring integration and, drawing on the concluding observations of a number of UN human rights treaty monitoring bodies, argue in favour of a model of integration based on international human rights law. Indicators derived from this model are used to assess the extent to which policymaking in the public sector in Ireland is informed by human rights. Finally, it is suggested that the methodology used in this study could be applied outside the sphere of immigration and integration to other areas of public policy which directly affect individuals’ human rights—from housing policy, to the provision of disability services, to early education and other important domains.

Human Rights and Development: Some Institutional Perspectives

2007 ◽  
Vol 25 (3) ◽  
pp. 459-504 ◽  
Author(s):  
Siobhán McInerney-Lankford
Keyword(s):  
Human Rights ◽  
Critical Comment ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Policy And Practice ◽  
International Human Rights ◽  
Specific Nature ◽  
Starting Point ◽  
The Relationship ◽  
Academic Debate

The relationship between human rights and development endures as a subject of lively academic debate and critical comment. In this piece, the author offers some institutionally based perspectives on the nature of that relationship, which take as their starting point the principles and obligations of international human rights law. The article begins by examining the intersection of human rights and development at three distinct but interrelated levels: factual or substantive overlap, principles and obligations, and goes on to argue that aspects of each have been neglected in contemporary analyses. The article argues for clarity about the specific nature of the overlap and the emerging convergence between the two areas, and the particular need to revisit the issue human rights obligations. Following from this theoretic framework, the article proceeds to a discussion of the challenges faced by development actors in attempts to integrate human rights into developments policy and practice. The article argues that the significance of these challenges has not been fully appreciated, nor the potential of existing human rights obligations and frameworks to address them fully harnessed.

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