scholarly journals International Human Rights Instruments and Indonesian Legal Protection For Persons With Disabilities

2020 ◽  
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
International Human

scholarly journals The Jordanian Legal Protection of Disabled Persons in Accordance to International Human Rights Treaties

2020 ◽  
Vol 16 (7) ◽  
pp. 128
Author(s):  
Sabah Al-Anizat ◽  
Abdelsalam A. Hammash
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Legal Protection ◽  
Disabled Persons ◽  
Special Committee ◽  
International Treaties ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
Human Rights Treaties ◽  
International Human

This study aims at analyzing the legal system for protection of individuals with disabilities in Jordan, especially after the ratification of the 2007 Convention on the Rights of Persons with Disabilities by Jordan. Then, the Jordanian Kingdom presented three-step measures to guarantee the rights of disabled persons. First, it introduced specific laws into the national legal corpus. Secondly, it made up a three-year strategy to enhance the protection of this particular panel of the population. Thirdly, a special committee was established whose duty is to assess the adequacy of national laws to the International treaties.

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.

scholarly journals Refugee Protection as Human Rights Protection: International Principles and Practice in India

Refuge ◽  
1997 ◽  
pp. 39-44
Author(s):  
Brian Gorlick ◽  
Sumbul Rimi Khan
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Legal Protection ◽  
International Human Rights Law ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Refugee Protection ◽  
National Human ◽  
International Human ◽  
The United Nations

This article focuses on the relationship between international human rights standards and refugee protection. The foundational status of the Universal Declaration of Human Rights and other human rights treaties are surveyed in light of India's international legal obligations. The authors argue that international human rights law and practice have had a significant impact on the protection activities of the Ofice of the United Nations High Commissioner for Refugees (UNHCR) both in countries of asylum, countries of origin and in relation to the United Nations and other human rights actors. In this context, courts and national human rights institutions are important players in safeguarding the rights of refugees. As none of the countries of South Asia is party to the international refugee instruments nor have any of them adopted a national refugee law or procedure, the activities of the Indian National Human Rights Commission stand out as a positive example of national institution expanding the legal protection of refugees in the region.

Art.32 International Cooperation

2018 ◽  
Author(s):  
Lord Janet E ◽  
Stein Michael Ashley
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Cooperation ◽  
Environmental Law ◽  
Inclusive Development ◽  
Treaty Rights ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
International Human

This chapter examines Article 32 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which deals with the issue of international cooperation. The provision on international cooperation in the CRPD sprang from framework conventions in the international criminal and environmental law spheres, where such provisions are ubiquitous, rather than from prior human rights treaty practice. Article 32 was thus a highly contentious text to negotiate due to the far more limited meaning ascribed to the term ‘international cooperation’ in other international human rights instruments. Article 32 sits holistically within the CRPD framework, and is thus informed by its principles and general obligations, and should be read in conjunction with the specific, substantive rights of the remainder of the treaty. Rights and duties in the CRPD hang together; discerning the meaning of disability inclusive development cannot be achieved by examining any one provision in isolation.

Setting the Scene

2018 ◽  
Author(s):  
Anna Lawson ◽  
Lisa Waddington
Keyword(s):  
Human Rights ◽  
Comparative Analysis ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
Domestic Courts ◽  
International Human

This chapter introduces the book and provides important context for all the subsequent chapters. In particular, it explains the aim of the research presented in the book and situates it within the emerging literature on comparative international (human rights) law, as well as the literature on the Convention on the Rights of Persons with Disabilities (CRPD). It also sets out the methodology used and explains how the book is structured, with jurisdiction-specific chapters, and chapters providing comparative analysis across jurisdictions illuminating the differences and similarities in the interpretation and use of the CRPD by domestic courts and judges.

scholarly journals The Long March in the New Era: Conquering Implementation Gaps between Chinese Municipal Law and the International Human Rights Law on Non-Discrimination

2019 ◽  
Vol 3 (2) ◽  
pp. 317
Author(s):  
Qinxuan Peng
Keyword(s):  
Human Rights ◽  
Migrant Workers ◽  
Urban Areas ◽  
Legal Protection ◽  
International Standards ◽  
Chinese Society ◽  
International Human Rights ◽  
New Era ◽  
International Human ◽  
Implementation Gaps

China has entered a New Era with an aspiration to safeguard human rights through law. However, implementation gaps are found when comparing the current Chinese domestic laws on non-discrimination with the requirements set by international human rights treaties and international labour standards on eliminating discrimination in the labour market. This article illustrates how rural migrant workers are an underprivileged group in Chinese society, emphasising the inferior treatment they experience due to their agricultural hukou residential status in urban areas. The study identifies several implementation gaps between the international standards and the Chinese domestic legal system on non-discrimination, serving as the very first step to eradicate de facto and de jure discrimination and to achieve Legal Protection of Human Rights in the New Era.    

scholarly journals THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES: ITS CONTRIBUTION TO THE DEVELOPMENT OF INTERNATIONAL HUMAN RIGHTS LAW

REVISTA ESMAT ◽  
2019 ◽  
Vol 11 (17) ◽  
pp. 209
Author(s):  
Mona Paré
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
International Human ◽  
The One ◽  
The Impact

This article examines the impact that the United Nations Convention on the Rights of Persons with Disabilities (CRPD) has had on international human rights law. While it seems that the convention may have a narrow focus, as it focuses on a specific group of people, this paper argues that it has had an impact on international human rights law more generally. This impact started with the negotiation of the convention between 2002 and 2006, and is continuing with its implementation since its entry into force in 2008. The impact is of both procedural and substantive nature. On the one hand, the procedure that led to the development and adoption of the CRPD was innovative, as are the mechanisms that have been put into place to monitor its implementation. On the other hand, the convention introduces and develops concepts in a novel way in international law, such as new ways of considering the concept of equality, and to understand development, for example. The article concludes that the international community should capitalize on the new approaches, and that their application and interpretation should be closely monitored.

scholarly journals El Estado como garante de los derechos de los pueblos originarios en Argentina / The argentinian State as guarantor of aboriginal’s rights

2019 ◽  
pp. 164-171
Author(s):  
María Florencia Blanco Pighi
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Legal Protection ◽  
Right To Health ◽  
International Human Rights ◽  
Derechos Humanos ◽  
Court Of Justice ◽  
Human Rights Treaties ◽  
International Human ◽  
The Right

Los derechos humanos de los pueblos originarios, entre ellos, el derecho a la salud, son reconocidos por la Constitución Argentina, por tratados internacionales ratificados por nuestro país, por la normativa interna y por las constituciones provinciales. La Corte Suprema de Justicia de la Nación, mediante el fallo en análisis, establece que la protección de estos derechos debe asegurarse por la vía más idónea, y que, al existir una acción de amparo en curso, la medida cautelar de interposición más reciente, debe ser rechazada.   The Argentinian Constitution, the international human rights treaties ratified by Argentina, the argentine internal regulations and the constitution of several provinces, recognize the aboriginal´s human rights, including the right to health. In the judgment in analysis, the Argentinian Supreme Court of Justice, states that the protection of those rights needs to be accomplish by the most suitable way. When a legal protection action is in curse, the most recently filed action must be rejected.

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