PROHIBITION OF CORPORAL PUNISHMENT OF CHILDREN, GENERAL CONSIDERATIONS AND THE CIRCUMSTANCES IN SERBIA

2021 ◽  
pp. 85-97
Author(s):  
МILICA KOVAČEVIĆ
Keyword(s):  
International Law ◽  
Corporal Punishment ◽  
Family Life ◽  
General Public ◽  
Parental Rights ◽  
Traditional Values ◽  
Political Issues ◽  
The Right ◽  
Significant Attention ◽  
The Way

The problem of corporal punishment of children occupies significant attention of general public and professionals, and also opens up moral, legal and political issues. In recent years, ideas about the introduction of a complete and explicit prohibition of corporal punishment of children have been strengthening globally. Proponents of the ban of corporal punishment are opposed by those who believe that the introduction of a ban implies a restriction on the right to private and family life and a reduction of parental rights, and also that the ban represents an attack on traditional values. In order to comprehensively understand the phenomenon of corporal punishment, presentations in the paper are designed so that corporal punishment of children is viewed from pedagogical, sociological and international law aspects, with emphasis on the reasons that speak in favor and against this type of punishment. The author has also tried to point out to the circumstances in Serbia, and to express his own position about the way in which the law in Serbia should treat corporal punishment of children.

Comparative Views on the Right to Vote in International Law

2018 ◽  
Author(s):  
Shai Dothan
Keyword(s):  
Human Rights ◽  
International Law ◽  
National Courts ◽  
European Court ◽  
Right To Vote ◽  
The Right ◽  
Democratic Elections ◽  
The Way

There is a consensus about the existence of an international right to vote in democratic elections. Yet states disagree about the limits of this right when it comes to the case of prisoners’ disenfranchisement. Some states allow all prisoners to vote, some disenfranchise all prisoners, and others allow only some prisoners to vote. This chapter argues that national courts view the international right to vote in three fundamentally different ways: some view it as an inalienable right that cannot be taken away, some view it merely as a privilege that doesn’t belong to the citizens, and others view it as a revocable right that can be taken away under certain conditions. The differences in the way states conceive the right to vote imply that attempts by the European Court of Human Rights to follow the policies of the majority of European states by using the Emerging Consensus doctrine are problematic.

Family Formation and Parenthood

2020 ◽  
pp. 220-254
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Family Life ◽  
Family Formation ◽  
Same Sex ◽  
Same Sex Couples ◽  
New Methods ◽  
New Family ◽  
The Family ◽  
Reproductive Techniques ◽  
The Right ◽  
The Way

This chapter examines the interpretation of ‘family life’ under Article 8 and the way that this has evolved throughout the Court’s history. It contrasts the approach of the Court to ‘family life’ between children and mothers, with ‘family life’ between fathers and children, noting the focus of the Court on function over form. It then turns to the establishment of parenthood, both in terms of maternity and paternity, as well as the right of the child to establish information concerning their origins. Finally, the chapter examines the changing face of the family, considering new family forms, including same-sex couples and transgender parents, as well as new methods of reproduction, such as artificial reproductive techniques and surrogacy.

On prisoners, family life and collective punishment: The Namnam case

2021 ◽  
pp. 1-20
Author(s):  
Yaël Ronen
Keyword(s):  
International Law ◽  
Family Life ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Depth Analysis ◽  
The Supreme Court ◽  
West Bank And Gaza ◽  
The Right ◽  
Israeli Soldiers ◽  
Collective Punishment

Abstract This article examines the 2019 decision by the Supreme Court of Israel (the Court) in the Namnam case, upholding a ban on family visits to Gaza prisoners incarcerated in Israel and affiliated with Hamas.1 This ban was adopted as part of Israel's attempt to pressure Hamas into an exchange of Palestinian detainees and prisoners against missing Israeli civilians and the bodies of Israeli soldiers, apparently being held by Hamas in Gaza. The Court examined the measure primarily in light of Israeli administrative law, and held that it had no grounds to intervene. It held that an analysis under international law would have yielded the same result. This article examines the decision of the Court in light of the applicable international law. It considers the Court's decision in terms of the permissible restrictions on the right to family life and draws on the Court's reasoning for an in-depth analysis of various unarticulated aspects of the prohibition on collective punishment. The article concludes that an international human rights law analysis might have led to a different outcome, and that had the Court applied the prohibition on collective punishment properly, it would have had to declare the measure unlawful. The article then places the decision in the broader context of the Court's engagement with international law in disputes relating to Palestinians residing in the West Bank and Gaza.

Dialogue between Muslims and Non-Muslims: Rooting Legitimate in the Light of the Quran and Sunnah(الحوار بين المسلمين وغير المسلمين: تأصيل شرعي في ضوء القرآن والسنة)

2017 ◽  
Vol 15 (1) ◽  
pp. 115-143
Author(s):  
Nasser Abdullah Odeh Abdal Jawwad ◽  
Thabet Ahmad Abdullah Abu al-Haj ◽  
M.Y. Zulkifli M. Yusof
Keyword(s):  
International Law ◽  
Islamic Law ◽  
Human Right ◽  
Islamic History ◽  
The Right ◽  
The Way

This research aims to enhance the dialogue among Muslims and non-Muslims based on the Quran and the prophet’s traditions. It paves the way by discussing the issue of coexistence between the two communities. This article has the objective to consolidate the principles of two kinds of dialogue: ideological dialogue and realistic dialogue. Next is the discussion of the possibility of Islamic law (Sharia) to coexist with contemporary international law regarding the issue of the right of expression as a human right. Furthermore, this article studies the major ethical methods of dialogue and provides some practical models and examples of dialogue between Muslims and non-Muslims from Islamic history.

Unjustifiable War and the Means to Avoid It

1916 ◽  
Vol 10 (4) ◽  
pp. 689-705 ◽  
Author(s):  
Heinrich Lammasch
Keyword(s):  
International Law ◽  
Roman Law ◽  
Jus In Bello ◽  
Jus Ad Bellum ◽  
The One ◽  
The Right ◽  
The Way

In the beginnings of international law, in Grotius and his predecessors and immediate successors, discussion of the Right of War, the jus ad bellum, takes up a great deal of room by the side of the Right in War, the jus in bello. Today, however, the question, When is war justified? has almost ceased to be discussed. The so-called predecessors of Grotius, like himself and his immediate followers, accepted from the Roman law the notion of the bellum justum piumque. This concept was purely formal. To make a war a bellum justum piumque nothing more was required than compliance with the precepts of the fetial law as to the formalities of declaring war. To be sure, these, at least originally, required a resolution of the Senate and its ratification by the Centuriate Comitia. Later, however, this requisite, to which one could perhaps not always deny some material significance, completely disappeared behind the empty ceremony which the Pater Patratus performed at the boundary of the enemy country with the “hasta ferrata aut sanguinea prœusta” hurled across the same. Nay, in the war with Pyrrhus, a deserter from the former’s army was allowed to buy a piece of ground in Rome, into which the spear was flung as into hostile territory, in order that the Pater Patratus might not have to go all the way to the frontier. On these formalities, which naturally became more and more futile, Roman historians based their country’s reputation of never having waged an unjust war. Still, the fetial law had at least the one advantage of giving the adversary a 33 days’ respite for deliberation.

scholarly journals Nudging the narrative: heading in the 'right direction'

2020 ◽  
Vol 42 (5) ◽  
pp. 239
Author(s):  
Margaret Friedel ◽  
John Brisbin
Keyword(s):  
General Public ◽  
Decision Makers ◽  
Value Systems ◽  
Grass Roots ◽  
Policy Failure ◽  
Science Society ◽  
Grass Roots Initiatives ◽  
The Right ◽  
The Way

Lack of engagement with rangelands by the general public, politicians and some practitioners has led to policy failure and unsustainable practice. We argue that thinking in terms of cultural reciprocity with land will lead to greater sustainability of rangeland uses. Many grass-roots initiatives are already showing the way by working at the boundary of science, society and decision makers, involving everyone with a stake in the outcome and developing genuine collaboration and acceptance of diverse value systems.

‘But … Where Will I Live?’

2019 ◽  
pp. 65-96
Author(s):  
Pinki Mathur Anurag
Keyword(s):  
Domestic Violence ◽  
International Law ◽  
Household Member ◽  
Complex Nature ◽  
Housing Rights ◽  
The Right ◽  
Ownership Rights ◽  
Protection Of Right ◽  
The Way ◽  
Forced Eviction

The chapter deals with women’s unequal rights to housing and draws on the related concepts of security of tenure and ownership rights, to explores the interlink between housing rights and domestic violence to show that protection of right to housing enhances and positively impacts women’s negotiating capacity in dealing with domestic violence. Locating domestic violence within the right to housing under international law the author demonstrates that domestic violence in the absence of security of tenure in the form of ownership or tenancy rights for women is a major cause of forced eviction and homelessness. The PWDVA provides security of tenure through Right to Reside and Residence Orders, in some situations barring the violent household member from remaining on the premises. Analysis of jurisprudence under ‘right to reside’ unmasks the complex nature of the Indian household and the nuances in the way the right has been interpreted and enforced by courts.

Abortion and the Right to Life in the International Bibliography

2015 ◽  
pp. 151-184
Author(s):  
Despina A. Tziola
Keyword(s):  
International Law ◽  
Political Power ◽  
Women's Status ◽  
Right To Life ◽  
Controversial Subject ◽  
Women’S Status ◽  
14Th Amendment ◽  
The Right ◽  
Roe V Wade ◽  
The Way

In this chapter, the authors examine abortion and the right to life in the international bibliography. The touchstone of our discussion is the landmark decision, Roe v Wade, which relied on the 14th Amendment. However, society's view on abortion is not clear, as it depends on many different factors and reasons. Abortion has been a controversial subject in many societies through history because of the moral, ethical, practical, and political power issues that surround it. However, abortions continue to be common in many areas where they are illegal. Today, they are more than mere words. “Soft” international law has also been found determinative in discerning the content of the 14th Amendment. However, the way a country deals with abortion is highly symbolic of women's status and how it treats women generally.

The Personal Inviolability of Diplomatic Agents in Emergency Situations

2017 ◽  
Author(s):  
Paul Behrens
Keyword(s):  
International Law ◽  
General Public ◽  
Vienna Convention ◽  
Right To Life ◽  
Human Right ◽  
Emergency Situations ◽  
The Absolute ◽  
Diplomatic Immunity ◽  
The Right ◽  
Self Defence

Personal inviolability is one of the oldest rights of diplomatic agents and is often considered to be at the root of diplomatic immunity. The wording it received in the Vienna Convention does not allow for any exceptions. But the absolute nature of the right can lead to difficulties—especially in situations in which diplomats themselves cause a danger to the general public or particular individuals. This chapter explores potential inroads under international law into the concept of inviolability and thus discusses the applicability of self-defence, necessity, and distress in situations of emergency. It also raises the question whether the human right to life imposes certain obligations on the receiving State which are capable of limiting diplomatic inviolability. In a concluding section, the chapter reflects on the justifications which are particularly likely to carry validity in situations marked by a need to deal with dangers arising from diplomatic actions.

Shedding Light on the Conspiracy: A Reply to ‘The Sacred Conspiracy: Religion, Nationalism, and the Crisis of Internationalism’

2012 ◽  
Vol 25 (1) ◽  
pp. 55-66
Author(s):  
LORENZO ZUCCA
Keyword(s):  
Civil Society ◽  
International Law ◽  
Interwar Period ◽  
Georges Bataille ◽  
The West ◽  
Avant Garde ◽  
Law And Politics ◽  
Religion And Nationalism ◽  
The Right ◽  
The Way

Religion plays a central role at the global political level despite being often portrayed as dead, marginal, or irrelevant. The way in which it plays that role, however, is not always immediately apparent or transparent. Professor Berman's essay attempts to illustrate the various ways – direct and indirect – in which religion is still central in today's debates about international law and politics. He does that by bringing us back to the interwar period, which saw an abundant flurry of arguments about international law, nationalism, and religion. He focuses in particular on the avant-garde movement led by Georges Bataille, who called for the shaking of civil society by appealing to the destabilizing forces of the (left) sacred in opposition to the conservative forces of the (right) sacred. Bataille's key insight is that religion has a contagious energy that is far more sweeping and powerful than the mere force of Western rationality. From this viewpoint, (international) law is incapable of taming the crisis of the West and of keeping at bay the perils of religion and nationalism.

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