scholarly journals Incorporation of Universal Human Rights’ Norms in Municipal Law

2021 ◽  
Vol 6 (1) ◽  
pp. 98-118
Author(s):  
Moosa Akefi Ghaziani ◽  
Mohammad Akefi Ghaziani
Keyword(s):  
Human Rights ◽  
Saudi Arabia ◽  
Analytical Method ◽  
Legal Framework ◽  
Legal Challenges ◽  
Universal Human Rights ◽  
Municipal Law ◽  
Human Rights Norms ◽  
Secular State

The incorporation of universal human rights’ norms in public municipal law has often been a challenge for both Islamic and secular states. Employing an analytical method this article explores the main legal challenges to the incorporation of universal human rights norms into municipal laws in three states--Saudi Arabia and Iran, the two Islamic states, and India, the secular state. It is argued that despite their differences in the larger legal framework they follow a peculiar dualistic system to incorporate the human rights norms, which results in its application challenges.

Not So Normative After All: The Securitization of Migration since 9/11 and the Erosion of Normative Power in Europe

1970 ◽  
Vol 2 ◽  
Author(s):  
Adam Moscoe
Keyword(s):  
Human Rights ◽  
Migration Policy ◽  
Risk Society ◽  
Global Risk ◽  
Traditional Role ◽  
Transnational Terrorism ◽  
Normative Power ◽  
Eu Member States ◽  
Universal Human Rights ◽  
Human Rights Norms

Since the terrorist attacks of September 11, 2001, accelerated initiatives tocombat terrorism have been criticized for overstepping the bounds of universal human rights norms. A defining feature of European Union (EU) policy as a normative power is how it navigates the customary frictions between human rights and counterterrorism by committing to “combat terrorism globally while respecting human rights, and make Europe safer, allowing its citizens to live in an area of freedom, security and justice.” This paper argues that the threat of transnational terrorism has led Europe to stray from its normative position. This is most clearly understood by examining the securitization of EU interactions with the Mediterranean - particularly North Africa - with regard to migration policy. Migration is considered as “transformed into a key element in the context of transnational threats,” and indeed EU Member States are targeted by Islamist terrorists entering EU soil by way of the Middle East or the Maghreb. Finally, this paper explores how the post-9/11 threat environment - anintensified “global risk society” -has led the EU to downplay its traditional role in ensuring protection of universal human rights through such normative instruments as the European Court of Human Rights (ECtHR).

scholarly journals Pelanggaran Berat HAM dalam RUU KUHP: Tinjauan dari Hukum Internasional (Gross Violations of Human Rights in the Criminal Code Bill: an Overview from International Law)

2020 ◽  
Vol 11 (2) ◽  
pp. 125-144
Author(s):  
Bernhard Ruben Fritz Sumigar
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Framework ◽  
Criminal Code ◽  
Crimes Against Humanity ◽  
Human Rights Violations ◽  
Legal Challenges ◽  
International Obligations

The spirit of the drafter of the Criminal Code Bill (CCB) to fully codify all criminal provisions, including those relating to the gross violations of human rights, into a single legally binding instrument is marked with the inconsistency of its formula with the standard provided in numerous instruments under international law. In light of this situation, this article is presence to discuss legal challenges arising from the stipulation of gross violations of human rights under CCB. By using qualitative and descriptive normative methods, this article finds three fundamental problems between the provisions of CCB and the international legal framework. The problems in question are related to (i) the inaccuracy of the use of the term “Serious Crimes against Human Rights” in CCB, as well as misregulation of (ii) crimes of genocide and (iii) crimes against humanity in CCB with international law. On this basis, this article concludes that the provisions of gross human rights violations in CCB are contrary to the provisions of international law which are binding and applicable to Indonesia, and therefore, this article is prepared to provide recommendations for policymakers to reconsider the formulation of the provisions of gross human rights violations in CCB in order to be compatible with Indonesia’s international obligations to comply with the provisions of international law. AbstrakSemangat perumus Rancangan Undang-Undang KUHP (RUU KUHP) untuk melakukan kodifikasi total semua ketentuan pidana, termasuk yang berkaitan dengan pelanggaran berat HAM, ditandai dengan ketidak-konsistenan antara rumusan yang diatur dengan standar dalam sejumlah instrumen hukum internasional. Berdasarkan hal tersebut, artikel ini disusun untuk mendiskusikan tantangan hukum yang akan timbul dari pengaturan tentang pelanggaran berat HAM dalam RUU KUHP. Dengan menggunakan metode kualitatif dan deskriptif normatif, artikel ini menemukan 3 (tiga) permasalahan antara ketentuan RUU KUHP dan kerangka hukum internasional, yaitu (i) istilah “Tindak Pidana Berat terhadap HAM” yang tidak tepat (ii) kejahatan genosida, dan (iii) kejahatan terhadap kemanusiaan. Berdasarkan 6pembahasan, artikel ini menyimpulkan bahwa ketentuan pelanggaran berat HAM dalam RUU KUHP bertentangan dengan ketentuan hukum internasional yang mengikat dan berlaku bagi Indonesia. Oleh karena itu, artikel ini memberikan rekomendasi bagi pembuat kebijakan untuk merumuskan kembali ketentuan pelanggaran berat HAM dalam RUU KUHP agar sepadan dengan ketentuan hukum internasional.

Charter 08 and Charta 77: East European Past as China's Future?

2012 ◽  
Author(s):  
Michaela Kotyzova
Keyword(s):  
Human Rights ◽  
Communist Party ◽  
Soft Power ◽  
Legal Framework ◽  
International Human Rights ◽  
Support Structure ◽  
East European ◽  
International Human ◽  
Human Rights Norms ◽  
The Impact

This chapter offers a comparison between Charter 08 and Charta 77, the manifesto written by Czechoslovak dissidents, mainly Vàclav Havel and Jan Patocka, to demand the respect of human rights by the Communist Party in Czechoslovakia. The two charters are similar in their content, both invoking international human rights norms and both attempting to function largely within the existing legal framework. Another related similarity between the two lies in the fact that their objectives are not so much to subvert the regimes as to provide a support structure when the regimes fall. However, despite their similarities, both exist in drastically different political and economic contexts. China in 2008 was different from Czechoslovakia in 1977 in terms of the politics, economy, and soft power that the respective communist parties may have, and those differences affect the impact of the respective charters in society.

scholarly journals Educational internationalism, universal human rights, and international organisation: International Relations in the thought and practice of Robert Owen

2013 ◽  
Vol 40 (4) ◽  
pp. 729-751 ◽  
Author(s):  
THOMAS RICHARD DAVIES
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Significant Contribution ◽  
Theory And Practice ◽  
Social Reformer ◽  
Early Nineteenth Century ◽  
Universal Human Rights ◽  
Human Rights Norms ◽  
Human Rights Standards

AbstractRobert Owen, the early nineteenth-century social reformer, made a greatly more significant contribution to the theory and practice of International Relations than has hitherto been assumed. This article shows how Owen helped to develop an understudied but distinctive form of internationalist thought focusing on the role of education in the pursuit of peace. Owen's previously neglected contributions to human rights norms and to international organisation are also explored, including his promotion of universal rather than nationally-oriented human rights standards, his role in the nascent movement towards the formation of international non-governmental organisations, and his contribution to international federalist ideas. Following an introduction to Owen's place in the literature, this article discusses each of these contributions of Owen to the theory and practice of International Relations in turn. The analysis reveals that Owen's contributions in each of these aspects are as significant for their limitations as for their insights.

scholarly journals Jurisdictional Issues in the Digital Age

2021 ◽  
Vol 10 (1) ◽  
pp. 167-183
Author(s):  
Yulia Razmetaeva ◽  
Hanna Ponomarova ◽  
Iryna Bylya-Sabadash
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Digital Age ◽  
Legal Framework ◽  
Regulation Mechanism ◽  
Legal Systems ◽  
Negative Consequences ◽  
Effective Response ◽  
Judicial Practice ◽  
Universal Human Rights

The article addresses some aspects of the key challenges for legal reality and legal systems in the digital age with a focus on jurisdictional issues in special attention to cyberspace, given its independent value and self-regulatory nature. The article suggests that regarding issues through the prism of a universal human rights approach could be a pillar for resolving existing and potential digital conflicts, prevent cybercrimes. The general legal framework in light of this approach is proposed here. The article discusses scenarios for solving jurisdictional problems: (i) global—focuses on the idea that a single worldwide legal framework and a universal regulation mechanism are possible; (ii) fragmented—partly considers the possibility of a single legal framework (or a set of agreements) and rely mainly on regional mechanisms; and (iii) national—each legal system is capable of providing and effective response to the threats of the digital age and aligns its legislation and judicial practice with the latter. Finally, it is suggested to focus on the prevention and mitigation of negative consequences of the activities of all subjects of law.

scholarly journals Are Universal Human Rights Universal?

Politeja ◽  
2021 ◽  
Vol 18 (2(71)) ◽  
pp. 67-77
Author(s):  
Ildus Yarulin ◽  
Evgeny Pozdnyakov
Keyword(s):  
Human Rights ◽  
Second World War ◽  
Fundamental Rights ◽  
World War ◽  
International Human Rights ◽  
Universal Human Rights ◽  
Human Rights Norms ◽  
The Individual ◽  
International Instruments ◽  
Second World

One of the issues constantly discussed in the context of human rights is their assessment as universal or relative. International human rights norms are universal, which corresponds to the nature of human rights. The process of universalization of human rights began after the second world war with the creation of the United Nations, whose Charter declared its determination to reaffirm faith in the fundamental rights of the individual, in the equality of men and women and in the equality of nations large and small. These intentions of the organization were confirmed by the adoption of universal documents: the International Bill of Human Rights, including the Universal Declaration of Human Rights of 1948, the International Covenants on Human Rights, opened for signature on December 16, 1966, and other acts. However, the problem lies in the fact that human rights recognized at the international level as universal and enshrined in international instruments, which must be respected by all and everywhere, lose the signs and qualities of universality under the influence of various socio-cultural, national traditions and customs, religious and other factors, and acquire the meaning or status of relative ones.

scholarly journals Khashoggi Case and the Issue of Human Rights Protectionof Journalists

2018 ◽  
Vol 40 (3) ◽  
pp. 131
Author(s):  
Migel Apriliyanto ◽  
Made Maharta Yasa
Keyword(s):  
Human Rights ◽  
Saudi Arabia ◽  
International Society ◽  
Freedom Of Expression ◽  
Saudi Arabian ◽  
Legal Research ◽  
International Human Rights ◽  
Legal Sanctions ◽  
International Human ◽  
Human Rights Norms

Jamal Khashoggi is known for his very sharp critics to Saudi Arabian Governments. He was murdered at the Consulate facility of Saudi Arabia in Istanbul- Turkey. The case has become a concern of international society, put the questions of freedom of expression and press as well the security of journalist. This article is a normative legal research that is aimed to analyze the international human rights law’s protection to the journalist's activities and to discuss the case of Khashoggi, specifically on the issue which authorities that have obligations to impose legal sanctions to the alleged perpetrators. The research suggests that there have been international human rights norms and principles that protect journalist activities. In addition, it suggests that Turkey has jurisdiction to launch an investigation and prosecute the perpetrators who involve in the murder of Jamal Khashoggi.

scholarly journals Mental health disabilities and human rights protections

2015 ◽  
Vol 2 ◽  
Author(s):  
G. Szmukler ◽  
M. Bach
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Legal Framework ◽  
Mental Health Stigma ◽  
Human Rights Violations ◽  
Persons With Disabilities ◽  
Number Of Factors ◽  
Main Determinants ◽  
Human Rights Norms ◽  
Health Laws

Background.Around the world, reports regularly expose persistent and systemic human rights violations of patients in mental health services and facilities, and of those who are unable to access needed supports. A number of factors contribute – political will; the range and quality of services available; public and professional attitudes to mental health; stigma; health professionals’ training and expertise; and available resources.Methods.This paper examines one of the main determinants, the legal framework. This sets the parameters for mental health policies and services and for applicable human rights norms and standards that can be realized in practice.Results.We provide an overview of international human rights instruments in relation to mental health disabilities, and of the major human rights violations in this area. Key implications for mental health law reform are drawn with a particular focus on discrimination and coercive interventions. The major challenges posed by the UN Convention on the Rights of Persons with Disabilities (2006) are examined. Current mental health laws, to greater or lesser degrees, fail to meet the newly required standards. We discuss reforms based on ‘generic law’ and ‘legal capacity’ principles that seek to meet those standards.Conclusions.We outline some emergent and promising examples of reform. The role of civil society and the importance of the standing of those with mental health disabilities in this process is noted.

A Human Rights-Based Approach to Foreign Agricultural Investment in Uganda

2019 ◽  
Vol 27 (2) ◽  
pp. 268-291 ◽  
Author(s):  
Jean-Claude N. Ashukem
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Local Communities ◽  
Agricultural Investment ◽  
Foreign Agricultural ◽  
The Government ◽  
Human Rights Norms ◽  
Human Rights Based Approach

The use of human rights approaches in the context of development-related activities appears to be the most appropriate means to observe respect for and the protection of people's rights as states are required to adhere to human rights norms and standards. This article argues for the adoption of a rights-based approach within the framework of foreign agricultural investment activities in Uganda in order to ensure respect for, the protection of and the fulfilment of the fundamental human rights of local communities. It provides an exposition of the procedural and substantive rights which are contained in the relevant international and regional legal instruments and which need to be taken into account in such a rights-based approach. It also distils the relevant benchmarks to be used by the government of Uganda as the standards to be achieved in order to ensure the observance and protection of people's rights, especially with regard to the negotiation and implementation of foreign agricultural investment land deals in Uganda. It then compares the Ugandan legal framework against the distilled benchmarks to ascertain if and to what extent the legal framework conforms to these requirements with regard to regulating foreign agricultural investment activities. Based on the distilled minimum human rights requirements and the obligation they bestow on states, the article concludes that in order for the government of Uganda to properly and effectively respect, protect and fulfil local communities' human rights, it is crucially important that it should consider these requirements and fulfil them during the regulation and implementation of foreign agricultural investment land deals in the country.

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