scholarly journals India: A Model for the Enforcement of Economic, Social, and Cultural Rights

2019 ◽  
Vol 37 (2) ◽  
Author(s):  
Lawrenz Fares
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
International Human Rights ◽  
Right To Food ◽  
Cultural Rights ◽  
Human Rights Regime ◽  
International Human ◽  
Civil And Political Rights ◽  
The Right ◽  
The Impact

Under the modern international human rights regime, all people are entitled to two categories of rights: civil and political rights and economic, social, and cultural rights. While the judicial enforcement of civil and political rights is commonly accepted in virtually every country in the world, there is a significant degree of hostility towards the judicial enforcement of economic, social, and cultural rights. Critics have long held that the enforcement of these rights in the courtroom would be inherently undemocratic and unmanageable. This belief, and the general aversion to the judicial enforcement of these rights, is primarily rooted in the fact that the enforcement of these rights would require compelling the government to spend vast sums of money in the form of welfare programs. However, India has overcome these criticisms and emerged as a model for the enforcement of these rights. The following paper will serve to lay a foundational understanding of the modern international human rights regime, look to the functionality of both sets of rights, and examine how Indian jurisprudence has come to allow the enforcement of economic, social, and cultural rights in the courtroom. From there, this paper will examine PUCL v. Union of India, the landmark case that recognized the right to food in India, the impact this case has on the lives of the Indian people, and the economic impact of protecting the right to food in an attempt to demonstrate that the judicial enforcement of these rights is not only possible, but can also be done in an effective manner.

Influence of the ICCPR in Asia

2018 ◽  
Author(s):  
Yogesh Tyagi
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
International Human Rights ◽  
Factors Affecting ◽  
Judicial Discourse ◽  
International Human ◽  
Golden Jubilee ◽  
Civil And Political Rights ◽  
The Impact

The golden jubilee of the International Covenant on Civil and Political Rights (ICCPR) coincides with the emergence of Asia as a centre of global attention. However, greater attention to Asia has been accompanied by some scepticism over its attitude towards human rights. The chapter provides an overall assessment of the impact of the ICCPR on the major Asian States, with an analysis of the factors affecting such influence. The chapter considers the involvement in, observance of, and compliance with the provisions of the ICCPR by these States. It further delves into the academic and judicial discourse on the ICCPR within these States, recording the domestic disposition towards judgments of foreign courts, the output of the Human Rights Committee, and the work of other international human rights bodies. It makes suggestions for developing mechanisms to improve the effectiveness of the ICCPR and for creating databases to perform further research in the area.

scholarly journals International Human Rights Law and the Response to the covid-19 Pandemic

2020 ◽  
Vol 11 (2) ◽  
pp. 249-269
Author(s):  
Sarah Joseph
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
International Human Rights ◽  
Cultural Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
Civil And Political Rights ◽  
Do So

Abstract States have duties under Article 12(2)(c) of the International Covenant on Economic, Social and Cultural Rights and Article 6 of the International Covenant on Civil and Political Rights to prevent, control and treat covid-19. Implementation of these three obligations is analysed, taking account of countervailing human rights considerations. Regarding prevention, lockdowns designed to stop the spread of the virus are examined. Control measures are then discussed, namely transparency measures, quarantine, testing and tracing. The human rights compatibility of treatment measures, namely the provision of adequate medical and hospital care (or the failure to do so), are then examined. Finally, derogations from human rights treaties in times of pubic emergency are discussed.

scholarly journals Conflict over Conflict: The Right to Strike in International Law

2017 ◽  
Vol 8 (1) ◽  
Author(s):  
Diane F Frey
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Political Rights ◽  
International Labour Organisation ◽  
International Human Rights ◽  
Cultural Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
The Right

<p>The existence of a right to strike under international law has been challenged by the International Organization of Employers since the late 1980s. The employer group claims that no such right exists under international law and has been moving to undermine recognition of the right at the International Labour Organisation (ILO). This article examines the right to strike in international human rights law. It considers specifically the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) and finds that the right to strike exists in both of these treaties. Further, the article demonstrates that while the ILO employers group may challenge the existence of the right to strike, its government members have overwhelmingly ratified international human rights treaties contradicting the employer group's position that there is no such right.</p>

Part 1 Freedom of Religion or Belief, 1.3 The Right to Manifest One’s Religion or Belief

2016 ◽  
Author(s):  
Bielefeldt Heiner, Prof ◽  
Ghanea Nazila, Dr ◽  
Wiener Michael, Dr
Keyword(s):  
Human Rights ◽  
Freedom Of Religion ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Civil And Political Rights ◽  
The Right

This chapter emphasizes that the outer manifestations of freedom of religion or belief (forum externum) are not in any sense less important than the inner nucleus of a person’s religious or belief-related conviction (forum internum), even though only the latter is protected unconditionally under international human rights law. This chapter also discusses the largely overlapping elements of the right to manifest one’s religion or belief ‘in worship, observance, practice and teaching’. Furthermore, it analyses the implications of the religion-related reservations, declarations, and objections made by a number of States when signing, ratifying, or acceding to the International Covenant on Civil and Political Rights.

scholarly journals U-4 An Analytical Study of the Rights Granted to the Accused during the Trial under ICCPR 1966

2021 ◽  
Vol 5 (1) ◽  
pp. 46-56
Author(s):  
Aisha Jadoon ◽  
Ali Asghar Chusti
Keyword(s):  
Human Rights ◽  
Analytical Study ◽  
Freedom Of Expression ◽  
Political Rights ◽  
International Human Rights ◽  
Cultural Rights ◽  
United Nations General ◽  
United Nations General Assembly ◽  
International Human ◽  
The Right

The ICCPR 1966 is an important international human rights treaty that provides a number of protections for civil and political rights. The Charter was adopted by the United Nations General Assembly in 1966 and came into force in 1976. July 2020 So far, the agreement has been ratified by 171 countries. The newly liberated states of Africa and the Caribbean, together with the ICCPR, the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights, are considered international human rights bills. The ICCPR obliges countries that ratify the agreement to ensure the protection of fundamental human rights, such as the right to life and human dignity, equality before the law, freedom of expression, the right to assembly and other rights also. ICCPR guarantees the fair trial for the accused in three stages i.e. Rights before trial, during trial and after trial. This article appraises the analytical study of the rights granted to the accused during the trial.

scholarly journals THE MEANING AND SCOPE OF ‘ASSEMBLY’ IN INTERNATIONAL HUMAN RIGHTS LAW

2020 ◽  
Vol 69 (3) ◽  
pp. 521-556
Author(s):  
Michael Hamilton
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
International Human Rights ◽  
Virtual Spaces ◽  
International Human ◽  
Civil And Political Rights ◽  
Definition Of ◽  
The Right

AbstractInformed by the ‘assembly’ jurisprudence of the United Nations Human Rights Committee, this article addresses fundamental questions about the meaning and scope of ‘assembly’ in Article 21 of the International Covenant on Civil and Political Rights (ICCPR). In seeking to determine when the right of peaceful assembly might properly be engaged, the article explores the interrelationship of assembly with expression and association and proposes a definition of ‘assembly’—for the purposes of its protection—as ‘an intentional gathering by two or more people (including in private and online/virtual spaces)’. Such definitional reflection is particularly timely in light of the Human Rights Committee's drafting of General Comment No 37 on Article 21.

Norm Making and Supervision in International Human Rights: Reflections on Institutional Order

1982 ◽  
Vol 76 (4) ◽  
pp. 754-778 ◽  
Author(s):  
Theodor Meron
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Organizations ◽  
Universal Declaration ◽  
Political Rights ◽  
International Human Rights ◽  
Cultural Rights ◽  
International Human ◽  
Civil And Political Rights ◽  
The United Nations

One of the characteristic phenomena of contemporary international life is the proliferation of human rights instruments and systems of supervision. In addition to the Charter of the United Nations and comprehensive global conventions such as the International Covenant on Economic, Social and Cultural Rights (Economic Covenant) and the International Covenant on Civil and Political Rights (Political Covenant), instruments have been adopted within the United Nations or the specialized agencies to govern particular aspects of human rights (e.g., racial discrimination, rights of women) and within regional organizations (e.g., the Council of Europe, the Organization of American States) to govern both general and particular aspects of human rights. In the United Nations, the general practice has been for each normative instrument to create its own system of supervision whenever such systems have been established. Typically, each organ of supervision applies only the norms adopted in the specific “founding” instrument, rather than the entire corpus juris of international human rights or even all of the instruments comprising the International Bill of Human Rights, i.e., the Universal Declaration of Human Rights (Universal Declaration), the Economic Covenant, the Political Covenant, and the Optional Protocol to the International Covenant on Civil and Political Rights. This proliferation of normative instruments and systems of supervision, which is similar to the proliferation that has given rise to difficult questions of coordination within and between international organizations in the fields of budget, programming, and administration, has led to overlapping jurisdiction and even to conflicts between the legislative and supervisory competence, or claims of competence, of various international bodies. The object of this article is not to compile or map out all the possible conflict areas or to undertake a detailed analysis of the conflicts, whether real or imaginary. Its more modest purpose is to present a broad panorama of the problems, directions, and policy. These matters merit attention, even though political and institutional reasons may make major reforms impossible for the time being. The questions to be discussed are relevant to three major fields of international law: treaties, human rights, and international organizations. While substantive problems of “legislation” or norm making are closely related to problems of supervision or implementation, normative problems will be focused upon first, and problems of supervision second.

The Right to Health

2018 ◽  
Author(s):  
Audrey R. Chapman
Keyword(s):  
Human Rights ◽  
The United States ◽  
Right To Health ◽  
Political Rights ◽  
Political Commitment ◽  
International Human Rights ◽  
Cultural Rights ◽  
International Human ◽  
The Right ◽  
Human Rights Standards

The right to health and health services is generally framed as the right to the highest attainable standard of health. Like other human rights, the right to health confers to all people specific entitlements and imposes duties on governments to protect and promote them. It reflects a broadened sense of governmental responsibility for the welfare of its citizens and a more inclusive understanding of human rights. All countries, including the United States, have ratified at least one binding human rights convention that includes a provision on the right to health. The Universal Declaration of Human Rights, adopted by the United Nations more than six decades ago, has given rise to a series of international human rights instruments that legally obligate states to implement their provisions. The two most important of these are the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. Despite substantial progress, a number of issues still need to be addressed for the realization of the right to health, such as the lack of political commitment on the part of many states with regard to implementation and the weakness of the international human rights system. Furthermore, many states which have ratified international or regional human rights instruments that recognize a right to health or have relevant constitutional provisions still do not invest the necessary resources or apply human rights standards to the framing of health policies.

scholarly journals CONSIDERATIONS ON THE "INTERNATIONAL CHARTER OF HUMAN RIGHTS"

2014 ◽  
Vol 8 (2) ◽  
pp. 72-76
Author(s):  
Tudor Tanasescu
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Universal Declaration ◽  
Political Rights ◽  
Active Process ◽  
International Human Rights ◽  
Cultural Rights ◽  
International Human ◽  
Civil And Political Rights ◽  
International Instruments

"International Charter of human rights" is generic name under which shall meet themain international instruments relating to human rights, namely: Universal Declaration ofHuman Rights, the International Pact on civil and political rights, the International Pact oneconomic, social and cultural rights and the two optional Protocols at International Pact oncivil and political rights. Documents forming "The Charter of International human rights"have represented international instruments which have been triggered an active process inthe evolution of legal instruments and mechanisms consecrating and protection of the humanbeing in universal and regional plan.In this way at the international relations the man is now a supreme value to beprotected and promoted.

scholarly journals For The Many, Not the Few: Case Analysis of Bukit Duri Forced Eviction in Jakarta

Rechtsidee ◽  
2018 ◽  
Vol 4 (2) ◽  
Author(s):  
Arie Afriansyah
Keyword(s):  
Human Rights ◽  
Case Analysis ◽  
Political Rights ◽  
International Human Rights ◽  
Cultural Rights ◽  
International Human ◽  
Civil And Political Rights ◽  
The Many ◽  
The Given ◽  
Forced Eviction

The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights allow states to conduct forced eviction as long as it is carried out within the given boundaries. This journal will comprehensively elaborate each standards given by the two international human rights covenants as well as the implementation of those standards in the cases of Human Rights Committee and Committee on Economic, Social and Cultural Rights. The standards will then be applied to analyze the case of forced eviction in Bukit Duri, South Jakarta, in the year of 2016. Based on the literature review and the interviews that have been conducted, it can be concluded that states can justify their action of forced eviction if it fulfills the standards of ‘lawful’ and ‘non-arbitrary’. The Bukit Duri forced eviction did not fulfill those standards.

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