The Concept of the “Other”

Author(s):  
Daniele Ruggiu

This chapter intends to show how the absence of the right of immigration can create some malfunctions in the human rights law and how this is connected with our concept of identity. The failure of our migration control system and the impossibility of empowering human rights in the field of mobility reveals an enormous conceptual short-circuit in the structure of liberal countries in Europe, involving the relationship between the Self and the “Other.”

2021 ◽  
pp. 327-340
Author(s):  
William A. Schabas

Some fundamental rights, variously described as ‘solidarity rights’, ‘people’s rights’ or ‘third generation rights’ are not fully reflected in the human rights instruments. Indeed their place within human rights law remains somewhat controversial although that does not imply that they are not customary in nature. Among them are the right to peace, the right to a healthy environment, the right of peoples to self determination, and the right to development. The main distinction between these rights and other human rights relates to the jurisdiction of human rights bodies. They have a collective dimension that is not present in the same way with the other categories of human rights.


Author(s):  
Coomans Fons

This chapter discusses two human rights that belong to the category of economic, social, and cultural rights: the right to education and the right to work. It explains how the modern view of the nature of economic, social, and cultural rights can be applied to these rights. The chapter discusses the sources of the rights under international human rights law, their main features, and components; the obligations resulting from each right; and the relationship of each right with other human rights. Both rights are crucial for the ability to live a life in dignity and develop one’s personality.


2008 ◽  
Vol 10 (4) ◽  
pp. 439-459 ◽  
Author(s):  
Hans Gammeltoft-Hansen ◽  
Thomas Gammeltoft-Hansen

AbstractThis article compares the "right to seek and enjoy asylum" enshrined in Art. 14 of the Universal Declaration of Human Rights with the current EU policy developments to "externalize" or "extraterritorialise" migration control and refugee protection. Examining the genesis of Art. 14 during the negotiations of the Universal Declaration, it is argued that while Art. 14 clearly falls short of granting a substantive right to be granted asylum, its formulation was intended to maintain a procedural right – the right to an asylum process. While the Universal Declaration is not a legally binding instrument, going back to the fundamental norms expressed herein nonetheless provides an important starting point for evaluating current policies, especially in light of recent critiques against overly expansive interpretation of human rights law. As such, the article concludes that the current EU policies to shift migration control and refugee protection away from Europe in important respects contravenes "the right to seek asylum" as it was conceived exactly 60 years ago.


2020 ◽  
Vol 20 (2) ◽  
pp. 306-332
Author(s):  
Annick Pijnenburg

Abstract Containment policies whereby destination States provide funding, equipment and training to transit States that intercept refugees on their behalf suggest that destination States try to circumvent the prohibition of refoulement and raise the question to what extent destination States can avoid responsibility for violations of the rights of migrants and refugees by cooperating with transit States. Answering this question requires broadening the analysis beyond the principle of non-refoulement, including not only international human rights law, especially the right to leave and the concept of jurisdiction, but also the law of State responsibility, notably the prohibition of complicity. This article argues that, although it remains debatable whether the principle of non-refoulement applies when transit States intercept migrants and refugees on behalf of sponsoring destination States, the wider network of international law rules constrains the latter’s ability to avoid responsibility when implementing cooperative migration control policies.


Author(s):  
سوهيرين محمد صالحين ◽  
أحمد المجتبى بانقا علي ◽  
أحمد حسن محمد

  الملخّص شاء الله عزّ وجلّ على لسان نبيّه عليه الصلاة والسلام أن تكون للضيافة مكانة عظيمة، وقد ذكرها النبي عليه الصلاة والسلام في سنته المطهّرة ضمنَ الأعمال المأمورة على سبيل الإلزام، والتي بسببها ذهب جَمعٌ من العلماء إلى وجوبها كما ورد ذلك مفصلا في الكتب الفقهية الإسلامية. وليس هذا فحسب، بل جاءت السنة النبوية مبيّنة بأن التعامل الحسن مع الضيوف مِن حقوق الإنسان بعضهم على بعض، سواء كان المرء مقيما أم مسافرا، مسلما كان أم غير مسلم، كما يستوي ذلك في يُسر المضيف وعُسره، بل كلٌّ يؤدّي هذا الحقَ بقدر استطاعته، مقرونا بالرضى والقبول. وإلى جانب ذلك، جاء حقُّ الضيف مقرونا في الذكر بحقوق عظيمة، منها: حق الله، وحق النفس، وحق الزوج، وحق الأصدقاء، وكذلك ذُكِر حق الضيف مُفضّلا ومقدّما على بعض القربات النافلة  مثل صوم التطوع، كما أبرز هذا مدى اهتمام الضيافة عند النبيّ عليه الصلاة والسلام وعند أصحابه رضي الله عنهم أجمعين. وعلى هذا الأساس، يهدف هذا البحث إلى بيان أن حق الضيف ليس من باب الصدقات التي يجب دفعها للمسافرين والمحتاجين فقط، بل هو أرفع شأنا وأوسع نفعا من هذا المستوى، بحيث تتميّز الضيافة عن الصدقة المطلقة بقَبول النبيّ عليه الصلاة والسلام للضيافة وعدم أخذه للصدقات، كما نعتبر تنبيه هذه النقطة جديدة في بابها إن شاء الله تعالى. وعليه، جاء هذا البحث مُعنونا: الضيافة مِن حقوق الإنسان في ضوء السنة النبوية. الكلمات المفتاحية: حق الضيف، أهمية الضيافة، السنة النبوية، الحقوق الإنسانية، الأعمال المأمورة. Abstract Almighty Allah willed to place hospitality in an esteemed position through the ÍadÊth of the Prophet (s.a.w.), who pronounced hospitality as part of the prescribed pious deeds. In line with this, a great number of scholars considered hospitality obligatory.  The Prophetic Sunnah went forward declaring good treatment of the guests as one of the human rights to be honoured by everyone to the other, whether resident or traveller, Muslim or non-Muslim according to the strength of the host and his family members. Whoever fulfils this right according to their capability is rewarded with pleasure of Allah. The right of the guest is mentioned in Prophetic traditions together with the great rights such as: the right of God, the right of the self, the right of the husband, and the right of friends. On this basis, this research aims to show that the right of the guest is not a mere charity paid to the travellers and the needy, but hospitality is superior to the level of charity. The hospitality can be distinguished from the simple charity by looking at the Prophet’s (s.a.w.) preference of the hospitality and to charity. This work advances a new viewpoint that hospitality of the guest is one of the constituents of human rights. Key words: Right of the Guest, Importance of Hospitality, Sunnah, Human Rights, Prescribed Deeds.


Author(s):  
Bielefeldt Heiner, Prof ◽  
Ghanea Nazila, Dr ◽  
Wiener Michael, Dr

The dominant concerns of this chapter relate to two aspects of the relationship between ‘religion’ and the ‘right to life’. One is the need to ensure that nobody is denied the right to life on grounds of their religion or belief (this being directly related to freedom of religion or belief), and the other is that nobody should be denied the right to life in the name of religion or belief. At the same time, the chapter also considers the broader horizon of multifaceted issues that are often considered relevant to life and religion. Issues such as religious values relating to the importance of life, and religious positions on abortion and on the death penalty are discussed in order to illustrate that, although not per se falling within freedom of religion or belief, they can be rendered relevant for the practice of freedom of religion or belief, depending on religious or moral convictions which people lay claim to.


2019 ◽  
pp. 152-174
Author(s):  
Rhonda Powell

Chapter 7 considers issues in applying the analysis of the right to security of person put forward in this book as the basis of a single legal right. It is argued that security of person, substantiated through the capabilities approach (or any other adequate theory of personhood), is too broad to be the subject of a single legal right. This contention raises an important normative question about the role which security of person should play in human rights law. It is accepted that existing legal rights to security of person are rightfully delineated, albeit that these delineations are pragmatic rather than principled. However, drawing on the key learning points that can be drawn from the analysis of security of person in this book, Chapter 7 explores an alternative way to understand the relationship between security of person and human rights law. It is argued that human rights law in general could be seen as one of the key ways by which international and national legal systems seek to further security of person. This approach is referred to as ‘rights as security’.


Author(s):  
Peter Rowe

The national law of individual states is generally clear as to the criteria for defining which entities make up the armed forces, as well as who is entitled to be a member of the armed forces. Whether a state is bound by its human rights obligations while taking part in an international armed conflict outside its own territory, is a complex issue. This chapter examines the term ‘armed forces’, who are entitled to be called members of the armed forces, a state’s national law in relation to its international law obligations, and the role of human rights law from the standpoint of members of the armed forces and others who take an active part in an armed conflict. It also discusses the relationship between peacekeeping and human rights, the role of the United Nations, why members of the armed forces commit human rights violations, the human rights of soldiers, and the right to conscientious objection to military service.


Author(s):  
Jérémie Gilbert

This chapter analyses the potential role that human rights law can play when control over natural resources is associated with loss of life. It examines three different approaches. The first focuses on livelihood and examines situations where life is in danger for lack of access to natural resources essential to sustaining life, and explores how the right to life can be interpreted to include access to essential natural sources such as water and food. The second approach focuses on accountability for crimes during ‘resources conflicts’, and examines the relationship between international human rights law, international humanitarian law, and international criminal law with the objective of analysing the criminal approach to armed conflicts connected to natural resources. The third approach relates to the protection of individuals who have lost their lives, or whose physical integrity is in jeopardy, as result of their personal engagement to protect natural resources. It focuses on the rights of ‘environmental defenders’ and ‘land and natural resources defenders’—those who have become human rights defenders as a result of their actions taken to protect natural resources.


AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 362-367
Author(s):  
Colm Ó Cinnéide

International human rights law recognizes a general right to non-discrimination. This right has proved to have plenty of legal “bite.” It is regularly invoked at both international and national levels to challenge state action which discriminates against vulnerable groups on “suspect grounds,” such as race, gender, and disability. Such legal challenges periodically succeed in generating significant law reform and sometimes even social change. However, this (relative) success has not been replicated when it comes to migration control. Non-discrimination challenges to state immigration restrictions have rarely been successful, even though human rights experts, NGOs, and other critics repeatedly express concern about the discriminatory impact of such restrictions. Furthermore, the state of human rights law remains radically underdeveloped in this area: the normative content of international non-discrimination norms, as they apply to migration control, is still lacking substance. This essay seeks to analyze why the cutting edge of the right to non-discrimination becomes blunted at the border, and generally lacks impact when invoked to challenge state migration controls.


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