Translating Filártiga: A Comparative and International Law Analysis of Domestic Remedies For International Human Rights Violations

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.

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Flux and Fragmentation in the International Law of State Jurisdiction: The Synecdochal Example of Canada’s Domestic Court Conflicts over Accountability for International Human Rights Violations

The Practice of International and National Courts and the (De-)Fragmentation of International Law ◽

10.5040/9781472565907.ch-010 ◽

2014 ◽

Keyword(s):

Human Rights ◽

International Law ◽

Human Rights Violations ◽

Domestic Court ◽

International Human Rights ◽

International Human

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Pemenuhan Hak Asasi Manusia kepada Etnis Rohingya di Myanmar

Perspektif Hukum ◽

10.30649/ph.v21i1.14 ◽

2021 ◽

pp. 1-15

Author(s):

Dewa Gede Sudika Mangku

Keyword(s):

Human Rights ◽

International Law ◽

Ethnic Group ◽

Research Method ◽

Legal Protection ◽

Secondary Data ◽

Human Rights Violations ◽

Legal Research ◽

International Human Rights ◽

International Human

The occurrence of human rights violations against the Rohingya ethnicity in Myanmar has become an international concern. The Rohingya, who have lived for generations in this part of Myanmar, are not getting justice from the Myanmar government. The various human rights violations that have occurred are of course against the basic instruments of international law. This study aims to describe and analyze international human rights arrangements with regard to the protection of the Rohingya ethnicity, as well as any obstacles in providing protection for the Rohingya ethnic group so that no solution has been achieved in resolving these human rights violations. In this study, using a normative legal research method with a statutory approach, a case approach and an analysis approach. The type of legal material in this research is secondary data consisting of primary, secondary and non-legal materials. Then processed and analyzed using prescriptive methods. Based on the research results, it is known that legal protection of the Rohingya ethnicity in accordance with international human rights instruments has not been fulfilled because there are various obstacles in resolving the root of the conflict on human rights violations in Myanmar. Some of them are the reluctance of the Myanmar government to resolve cases of Rohingya ethnic human rights violations. In view of the lack of willingness of the Myanmar government to resolve cases of human rights violations, the UN criticized and attempted to carry out humanitarian intervention to resolve gross human rights violations against the Rohingya ethnic group. For this reason, this paper seeks to elaborate on what responsibilities the Myanmar government should provide for protection according to international human rights as well as what obstacles have caused cases of human rights violations against ethnic Rohingya to be resolved.

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Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

E-Theologos Theological revue of Greek Catholic Theological Faculty ◽

10.2478/v10154-010-0011-9 ◽

2010 ◽

Vol 1 (2) ◽

pp. 117-135

Author(s):

Bożena Drzewicka

Keyword(s):

Human Rights ◽

International Law ◽

International Humanitarian Law ◽

Humanitarian Law ◽

International Human Rights ◽

The West ◽

Human Rights Protection ◽

Rights Protection ◽

The World ◽

International Human

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.

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The Review of Articles from Korea International Law Review (Vol. 1-49): International Human Rights Law

Korea International Law Review ◽

10.25197/kilr.2018.51.45 ◽

2018 ◽

Vol 51 ◽

pp. 45-62

Author(s):

Buhm Suk Baek

Keyword(s):

Human Rights ◽

International Law ◽

International Human Rights Law ◽

Human Rights Law ◽

International Human Rights ◽

International Human

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Contemporary International Tribunals

10.1093/oso/9780190923846.003.0009 ◽

2018 ◽

Author(s):

Antônio Augusto ◽

Cançado Trindade

Keyword(s):

Human Rights ◽

International Law ◽

Ad Hoc ◽

International Criminal ◽

International Human Rights ◽

International Criminal Tribunals ◽

International Human ◽

International Tribunals ◽

Cross Fertilization

More recently, jurisprudential cross-fertilization has kept on being pursued in particular by international human rights tribunals and international criminal tribunals. This is reassuring, as, despite their distinct jurisdictions, their work is complementary, in their common mission of imparting justice, in distinct domains of international law. Jurisprudential cross-fertilization fosters cohesion and the unity of law. Particularly attention is currently devoted to the preservation of the legacy of the ad hoc international criminal tribunals.

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The Margin of Appreciation Revisited

10.1093/oso/9780198713258.003.0018 ◽

2018 ◽

Author(s):

George Letsas

Keyword(s):

Human Rights ◽

International Law ◽

Democratic Institutions ◽

International Human Rights ◽

Margin Of Appreciation ◽

International Human

The idea that states have discretion in complying with their human rights obligations, and the idea that human rights obligations should be compatible with a degree of diversity between states, are either trivial or misleading. In order to assess properly the doctrine of the Margin of Appreciation, one has to reconstruct it as a normative thesis about the conditions under which an international human rights court should place substantial weight on a decision by a domestic authority. Thus understood, however, the doctrine is problematic as it offends the values underlying human rights and the rule of international law. The chapter evaluates Andreas Follesdal’s particular defence of the Margin of Appreciation and argues that neither sovereignty nor democracy provides normative support for unqualified judicial deference. It argues further that the exceptions Follesdal wishes to place on deference to democratic institutions end up covering the whole of the scope of human rights obligations, making the idea of deference redundant.

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The Idea of International Human Rights Law

10.1093/oso/9780198749844.001.0001 ◽

2019 ◽

Author(s):

Steven Wheatley

Keyword(s):

Human Rights ◽

International Law ◽

International Human Rights Law ◽

Human Rights Law ◽

International Human Rights ◽

Moral Concept ◽

Customary International Law ◽

Human Rights Treaties ◽

International Human ◽

Fragmentation Of International Law

International Human Rights Law has emerged as an academic subject in its own right, separate from, but still related to, International Law. This book explains the distinctive nature of the new discipline by examining the influence of the moral concept of human rights on general international law. Rather than make use of moral philosophy or political theory, the work explains the term ‘human rights’ by examining its usage in international law practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice in the United Nations, the core human rights treaties, and customary international law, The Idea of International Human Rights Law shows how a moral concept of human rights emerged, and then influenced the international law doctrine and practice on human rights, a fact that explains the fragmentation of international law and the special nature of International Human Rights Law.

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Germany

10.1093/oso/9780198786627.003.0006 ◽

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.

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The Fallacy of Effective Human Rights Protection under Relevant Treaty Law when Armed Groups Commit Violations

10.1093/oso/9780198821946.003.0007 ◽

2018 ◽

Author(s):

Tilman Rodenhäuser

Keyword(s):

Human Rights ◽

Human Rights Violations ◽

International Human Rights Law ◽

Human Rights Law ◽

Armed Groups ◽

International Human Rights ◽

Human Rights Protection ◽

Rights Protection ◽

Human Rights Treaties ◽

International Human

Chapter 5 adds to the contemporary discourse on human rights obligations of non-state armed groups by showing that in many situations, there is a clear legal need for these obligations. This chapter first engages in the debate on whether and to what extent certain human rights treaties address armed groups directly. Second, it shows that under the law of state responsibility, states are generally not responsible for human rights violations committed by non-state entities. Third, it recalls that under international human rights law, states have an obligation to protect human rights against violations committed by armed groups. However, it argues that because this cannot be a strict obligation but is one that depends on states’ capacities and the particular circumstances, often this framework cannot adequately protect individuals against human rights violations by armed groups. The result is a legal and practical need for human rights obligations of non-state armed groups.

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