THE RELATIONSHIP BETWEEN THE CONCEPTS OF "HUMAN RIGHTS" AND "FREEDOM OF THE PERSON»

2020 ◽  
Author(s):  
Хусейн Вахаевич Идрисов
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
The Relationship

Статья посвящена характеристике юридических категорий «права человека» и «свободы человека». В работе проводится анализ российской законодательной и международной-правовой базы, а также вопрос соотношения исследуемых понятий. В заключении работы делается вывод об ограниченности прав и свобод человека границами права и свобод другого человека. The article is devoted to the characteristics of the legal categories "human rights" and"human freedoms". The paper analyzes the Russian legislative and international legal framework, as well as the question of the correlation of the studied concepts. In conclusion, the paper concludes that human rights and freedoms are limited by the boundaries of the rights and freedoms of another person.

Protecting Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Natural Resources ◽  
Environmental Law ◽  
Legal Framework ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Conservation Of Natural Resources ◽  
The Relationship ◽  
Do So

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.

scholarly journals The Emerging International Architecture of Indigenous Rights: The Interaction between Global, Regional, and National Dimensions

2004 ◽  
Vol 11 (4) ◽  
pp. 379-409 ◽  
Author(s):  
Willem van Genugten ◽  
Camilo Perez-Bustillo
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Legal Protection ◽  
Indigenous Rights ◽  
Legal Framework ◽  
Current Status ◽  
Indigenous Movements ◽  
The Relationship ◽  
Racial Ethnic ◽  
Legal Processes

AbstractThe article gives an overview of the current status of human rights and poverty in the context of the contemporary struggles of indigenous peoples. It aims to describe the framework of indigenous rights as constituted by, and constitutive of, the relationship between legal processes at the international, regional and national levels. The article also makes links to broader issues such as the racial, ethnic, linguistic and cultural human rights instruments, as well as to the important linkage to international poverty law. It outlines the current status of international legal protection for indigenous peoples before giving different cases in which these legal mechanisms have been used and questioned at the regional and national levels. The article concludes by arguing that indigenous rights standards play an important role in terms of serving as 'ceilings' or 'floors' between which indigenous movements and supporting NGOs can mobilize and find a legal framework to form their case.

A Temporary Protection Regime in Line with International Law: Utopia or Real Possibility?

2016 ◽  
Vol 18 (3-4) ◽  
pp. 278-316
Author(s):  
Meltem Ineli-Ciger
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Framework ◽  
Refugee Convention ◽  
State Response ◽  
Temporary Protection ◽  
Mass Influx ◽  
Forced Return ◽  
Basic Minimum ◽  
The Relationship

Temporary protection has long been a state response to mass influx situations offering persons seeking refuge immediate protection from refoulement and basic minimum treatment. Today, temporary protection is still relevant: Since 2011, Syrians in Turkey have been protected under a temporary protection regime. Despite this relevance, there is no structured legal framework regulating temporary protection at an international level. Furthermore, conformity of temporary protection regimes with the Refugee Convention, international law and human rights is largely undefined and unsettled. This article takes a step towards clarifying the relationship between temporary protection and international law by discussing whether states can implement a temporary protection regime which does not undermine the Refugee Convention, deprive temporarily protected persons of their basic human rights and lead to premature forced return of the protected persons. Building on the premise that such a temporary protection regime would be in line with international law, this article provides guidance to states on how they should regulate rights and entitlements of the temporarily protected persons, maximum time limit of protection and withdrawal of temporary protection.

scholarly journals Tort Law and Human Rights

2021 ◽  
pp. 209-233
Author(s):  
Gerhard Wagner
Keyword(s):  
Human Rights ◽  
Large Scale ◽  
Tort Law ◽  
Legal Framework ◽  
Economic Incentives ◽  
Private International Law ◽  
Tort Liability ◽  
Global Demand ◽  
The Uk ◽  
The Relationship

AbstractThe article explores the relationship between tort law and human rights. It explains the potential inherent in holding corporations liable in tort for human rights violations along the supply chain, such as the 2013 Rana Plaza collapse in Bangladesh. On a theoretical level, it devises a legal framework of tort liability that is optimal from the standpoint of social welfare. Such an optimal liability system would make manufacturers internalise the full cost of production, including harm caused to workers, third parties and the environment. In contrast, the present global liability situation is characterised by legal fragmentation and enforcement deficits. These factors provide the explanation for the large-scale externalisation of production risks we witness today, leading to an inflated global demand. In principle, tort law is well suited to offer a remedy, as the interests protected by human rights and national tort law broadly overlap. Furthermore, the duty of care which is the core requirement for shifting losses to others via tort law is a flexible concept that may even be stretched to accommodate cross-border human rights policies. The new French “devoir de vigilance,” or human rights due diligence, as well the UK Supreme Court’s recent jurisprudence, aim to tap this potential. On the other hand, the article raises doubt in relation to the adverse economic incentives and market shifts if such duties are imposed selectively, i.e. only in some jurisdictions, but not in others. After all, private international law often stands in the way of a global application of national tort law. Finally, alternative mechanisms of enforcement are assessed and examined with a view to their comparative effectiveness. This analysis casts doubt on the usefulness of tort law as a means to further the human rights cause.

scholarly journals An Overview of Human Rights and Intellectual Property Protection

2016 ◽  
Vol 5 (12) ◽  
pp. 58
Author(s):  
Maysa Said Bydoon
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Framework ◽  
Intellectual Property Protection ◽  
State Obligations ◽  
The Relationship ◽  
Multilateral Treaties

<p>The purpose of this article is to discuss the legal framework of human rights and intellectual property in terms of state obligations to afford a protection for both human rights and intellectual property. The relationship between intellectual property and human rights, under bilateral, regional and multilateral treaties, is a matter of concern. In focusing on the relationship between intellectual property and human rights, this article argues that there are many challenges on the wide use of Intellectual property rights that given possible conflict between intellectual property and human rights.</p>

Bilateral Investment Treaties and Sustainable Development

2014 ◽  
Vol 15 (5-6) ◽  
pp. 929-963
Author(s):  
Tarcisio Gazzini
Keyword(s):  
Sustainable Development ◽  
Economic Development ◽  
Human Rights ◽  
Foreign Investment ◽  
Legal Framework ◽  
Public Interests ◽  
Private And Public ◽  
Investment Treaties ◽  
Regulatory Powers ◽  
The Relationship

States are increasingly critical of the current regime of protection of foreign investment. They often believe that investment treaties require undue limitations of their regulatory powers and undermine their effort to develop sustainably. The article first explores the relationship between foreign investment and sustainable development. It then examines recent treaty practice and assesses how States can take full advantage of investment treaties as vehicles for economic development without compromising on the protection of the environment, labour standard and human rights. It also provides a tentative taxonomy of the different treaty clauses and techniques that may contribute to create a stable and predictable legal framework for foreign investment that is also respectful of the various private and public interests involved.

Risk, Desire and Adaptation: The Paradox of Queer Solidarity and the Political Possibility of Death Under Neoliberalism and Homonationalism

Somatechnics ◽  
2017 ◽  
Vol 7 (2) ◽  
pp. 185-200
Author(s):  
Natalie Kouri-Towe
Keyword(s):  
Human Rights ◽  
Social Movement ◽  
Political Activism ◽  
State Violence ◽  
The Political ◽  
Sexual Rights ◽  
Political Strategy ◽  
Rights Discourse ◽  
The Relationship ◽  
Strategy I

In 2015, Queers Against Israeli Apartheid Toronto (QuAIA Toronto) announced that it was retiring. This article examines the challenges of queer solidarity through a reflection on the dynamics between desire, attachment and adaptation in political activism. Tracing the origins and sites of contestation over QuAIA Toronto's participation in the Toronto Pride parade, I ask: what does it mean for a group to fashion its own end? Throughout, I interrogate how gestures of solidarity risk reinforcing the very systems that activists desire to resist. I begin by situating contemporary queer activism in the ideological and temporal frameworks of neoliberalism and homonationalism. Next, I turn to the attempts to ban QuAIA Toronto and the term ‘Israeli apartheid’ from the Pride parade to examine the relationship between nationalism and sexual citizenship. Lastly, I examine how the terms of sexual rights discourse require visible sexual subjects to make individual rights claims, and weighing this risk against political strategy, I highlight how queer solidarities are caught in a paradox symptomatic of our times: neoliberalism has commodified human rights discourses and instrumentalised sexualities to serve the interests of hegemonic power and obfuscate state violence. Thinking through the strategies that worked and failed in QuAIA Toronto's seven years of organising, I frame the paper though a proposal to consider political death as a productive possibility for social movement survival in the 21stcentury.

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