Social rights protection through core international human rights treaties beyond the ICESCR

Human Rights Protection ◽

Rights Protection ◽

Human Rights Treaties ◽

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.

Equality Rights and Non-Citizens in Europe and America: The Promise, the Practice and Some Remaining Issues

Netherlands Quarterly of Human Rights ◽

10.1177/092405199601400302 ◽

1996 ◽

Vol 14 (3) ◽

pp. 245-275

Author(s):

Tom Clark ◽

Jan Niessen

Keyword(s):

Human Rights ◽

Migrant Workers ◽

Trade Agreement ◽

Social Rights ◽

International Human Rights Law ◽

Human Beings ◽

The North ◽

Human Rights Treaties ◽

The article discusses the fundamental role played by the notion of equality and shows that a general promise of equality is a hallmark of the UN system to which non-citizens’ may lay claim. Recent international juridical practice shows a progressive move towards equality between citizens and non-citizens in civil and social rights. An international human rights doctrine and norms have been established for distinguishing between differentiation which is legitimate and discrimination. The article examines the effect of the international test and doctrine of equality for some of the key rights at issue in practice for several categories of non-citizens. The article reflects on the interpretative power of the texts of regional human rights treaties on State obligations under a ratified human rights treaty. When States enter into treaties involving human beings for whatever purpose, for example the North American Free Trade Agreement (NAFTA) or the Treaty on European Union (EU), they do not do so in a legal vacuum. Human beings attract human rights from treaties at the international and regional level. Many States have entered one or more of these human rights treaties so that any other additional treaty must be consonant with the existing human rights treaty obligations. One of the human rights treaty promises is that of human rights in equality. The article argues that when States jointly grant rights or benefits under a further treaty, the further treaty must ensure that the rights jointly granted must be granted in equality. The article concludes that to ensure the promise of non-discrimination for non-citizens requires further initiatives and suggests efforts to ensure treaties impacting non-citizens are ratified (especially those relating to economic and social rights and migrant workers), a review of existing treaties involving non-citizens, a more careful application of non-discrimination provisions by human rights treaty bodies and further efforts to establish the equality doctrine and norms in international human rights law by seeking to use the doctrine in complaints and reporting mechanisms.

Scientific and Informational Bulletin of Ivano-Frankivsk University of Law Named after King Danylo Halytskyi - Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi ◽

Universal declaration of human rights as a source of universal international legal standards of human rights

10.33098/2078-6670.2020.9.21.36-42 ◽

2020 ◽

pp. 36-42

Author(s):

Uliana Kuzenko

Keyword(s):

Human Rights ◽

Legal Regulation ◽

Universal Declaration ◽

Human Being ◽

Legal Basis ◽

Human Rights Protection ◽

Rights Protection ◽

Legal Standards ◽

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.

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 ◽

The West ◽

Human Rights Protection ◽

Rights Protection ◽

The World ◽

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.

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 ◽

Fragmentation Of International Law

Moral Concept ◽

Customary International Law ◽

Human Rights Treaties ◽

International Human ◽

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.

The Institutional Future of the Covenants

10.1093/oso/9780198825890.003.0014 ◽

2018 ◽

Author(s):

Felice D Gaer

Keyword(s):

Human Rights ◽

Body System ◽

Human Rights Treaties ◽

Treaty Monitoring ◽

Treaty Body ◽

International Human ◽

Normative Standards ◽

Individual Petition

Longstanding proposals to strengthen implementation of the international human rights treaties have often focused on procedural reforms such as harmonizing methods of work or consolidating ten treaty monitoring bodies into one. This article reviews past reform efforts and then considers proposals to create stronger individual petition mechanisms—including a ‘world court’—as a way of strengthening human rights implementation. After discussing these proposals, the author offers additional ways to make the system more effective and efficient. She rejects the oft-suggested proposal to create a ‘world court’ for human rights, noting legal, organizational, logistical, and financial obstacles. Rather than rushing to tear down the current treaty body system, the author offers a proposal for determining how consolidation of petition proceedings might affect normative standards.

Regional Human Rights

10.5771/9783748910251 ◽

2021 ◽

Keyword(s):

Human Rights ◽

Protective Mechanisms ◽

Human Rights Protection ◽

Rights Protection ◽

Protection Systems ◽

Protection Of Human Rights ◽

International Human ◽

Local Languages ◽

Specific Country

Regional human rights mechanism are now in place covering nearly all five continents with the notable exception of Australia. Regional and international human rights protection are not meant to thwart each other. On the contrary, the regional protection of human rights is intended to back up and strengthen the international one by translating human rights into local languages and supporting them with additional protective mechanisms like commissions and courts that enforce regional human rights documents. In this volume, five experts from various continents will introduce regional human rights protection systems in Europe, Africa, Asia, Latin America and Australia providing an overview of the regional protections vis-à-vis the international one and then contextualising it in specific country context.