Gender im Völkerrecht

2019 ◽  
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Criminal Law ◽  
Islamic State ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Private Households ◽  
Wide Range ◽  
The Right ◽  
Provision Of Care

This volume provides a wide range of gender analyses in various areas of international law. It is aimed at those interested in legal gender studies, feminist jurisprudence and international law, but through its interdisciplinary open contributions it will also appeal to other readers without a legal background who are interested in this subject. Its section on international human rights protection focuses on sexuality, paternity rights and human trafficking. Afterwards, the (women’s) human rights system in Africa is examined from both a legal and, with South Africa taken as an example, an ethnological perspective. In the section on international criminal law, two topics are examined: the question of essentialism and the possible persecution of the Yazidis by the ‘Islamic State’. Finally, the volume addresses international labour law and analyses the right to return to work after maternity and paternity leave as well as the provision of care work in private households in Germany.

scholarly journals HUMAN RIGHTS IN MODERN INTERNATIONAL RELATIONS: EVOLUTION OF DEVELOPMENT, PROBLEMS AND PROSPECTS

2020 ◽  
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Legal Aspect ◽  
Value Orientations ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Stage Of Development ◽  
Wide Range ◽  
The World

Introduction. At the present stage of development of the world political process, one of the main problems has been to ensure the effective operation of human rights protection mechanisms, both at the national and international levels. The main vocation of legal science in this area is to provide expert assessments of problematic issues and scientifically developed recommendations for improving the mechanisms of human rights protection in modern international relations and especially in crisis situations that have become almost permanent in the life of the world community. The purpose of this publication was to implement a retrospective analysis of the evolution of the development of legal consolidation of human rights at the international level and the thorny problems in this area. Summary of the main research results. Thus, this publication considers the main stages of human rights, highlights the main problems of development, outlines the place of human rights in modern international relations and presents the main characteristics of the challenges facing states in the implementation of cooperation in the field of human rights. Finding the specifics of human rights and identifying mechanisms for their formation is a separate problem for jurists. The legal aspect of enshrining human rights in international legal instruments is important in the context of modern reality. It is through the disclosure of this issue that it is possible to identify the main stages of the evolution of the consolidation of human rights in international law. Conclusions. The development of international legal consolidation of human rights has significantly influenced the evolution of international law as a whole. Under the influence of these processes, national sovereignty, as a basic principle of international law, began to take on new forms, and the individual acquired many features of international legal personality. Thanks to non-state rule-making, the sphere of consolidation and protection of human rights tends to self-development and constant adaptation to the changing needs of society in the social and moral spheres. Human rights are a cultural phenomenon that reflects the system of value orientations of a person rooted in a particular historical epoch and depends on the ideology of the world legal community. The problem of human rights, their protection from external and internal threats requires an immediate solution, making it a priority to consider legal issues among a wide range of global problems of mankind. At the same time, it must be emphasized that the democratic development of modern society and human rights are inextricably linked. This connection also implies that human rights must be recognized as legitimate as a result of democratic procedures, but outside the national legal systems there is a moral justification necessary to convince the subjects of international law that everyone, even outside the national legal system must enjoy all guaranteed rights and freedoms.

scholarly journals The Significance of the 2005 UN Basic Principles and Guidelines on the Right to a Remedy and Reparation

2021 ◽  
pp. 78-98
Author(s):  
K. O. Keburiya ◽  
A. M. Solntsev
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
Basic Principles ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Right

INTRODUCTION. The research analyzes the UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (Basic Principles and Guidelines) of December 16, 2005. The Article examines the stages of the adoption of this document, the concept, structure, basic provisions, as well as the importance for the development of modern international law, particularly in the field of human rights protection and international humanitarian law. Consequently, the Article provides a detailed analysis of the approach to the central subject of this document, that is, the right to a remedy and reparation, which is expressed in practical application by universal and regional bodies on human rights and in the field of humanitarian law. In this regard, the position of the right to a remedy and reparation in the complex of human rights is determined, as well as their interconnection and relation to each other.MATERIALS AND METHODS. The theoretical researches of the Russian and foreign experts in the field of international law have been analyzed in this very Article as well as the normative documents, recommendations, and decisions of the treaty bodies on human rights within the UN system, the law enforcement practice of universal and regional judicial and quasi-judicial bodies for the protection of human rights and in the field of international humanitarian law have also been studied. Such methods of scientific cognition as analysis and synthesis, the generalization method, the system-structural method, as well as the historical-legal and legal-technical methods have also been applied in this research.RESEARCH RESULTS. The Article reveals the significance and impact of the mechanism developed in the Basic Principles and Guidelines, in general, on the international human rights system. The Basic Principles and Guidelines are an international document, developed with the best practice of existing legal systems. It was adopted unanimously through the consensus reached by all parties concerned. The Basic Principles and Guidelines are aimed at codifying the provisions on the right to a remedy and reparation enshrined in various international treaties and as well as at developing a unified approach to these rights. Thus, the said international instrument does not create any new rules but classifies and uniforms the set of provisions on the right to a remedy and reparation. This nature of the Basic Principles and Guidelines makes them an attractive tool for international bodies in their law enforcement practice related to ensuring the right to a remedy and reparation. DISCUSSION ANDCONCLUSSIONS. The Basic Principles and Guidelines enshrine the responsibility of States in the field of human rights protection, when the second party to the conflict is individual, or individuals whose rights have been or may be violated. Therefore, the Basic Principles are focused on the interests of the victim of a violation of human rights, that is, they are deliberately humanistic and human rights oriented. The document provides a classification of victims to more adequately cover human rights mechanisms that ensure the protection of persons, individually or collectively. Further, it pays special attention to the protection of victims of gross violations of human rights. In addition, the Basic Principles and Guidelines list and describe forms of reparation for the victims of human rights violations.

scholarly journals Sports in the Case-Law of the European Court of Human Rights

2019 ◽  
Author(s):  
Jakub Czepek
Keyword(s):  
Human Rights ◽  
International Law ◽  
Case Law ◽  
Council Of Europe ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Point Of Interest ◽  
European Court ◽  
Degrading Treatment ◽  
The Right

Sport has been an object of interest of international law on several occasions. It has also been a point of interest of regional human rights protection, for example within the legal system of Council of Europe. Recently, the European Court of Human Rights has developed its case-law concerning sport-related issues, such as football supporters related violence and prevention of events of hooliganism, anti-doping related issues or fairness of proceedings before The Court of Arbitration for Sport (CAS) in Lausanne or the protection of professional athletes’ rights in the context of anti-doping requirements. The article focuses on the ECtHR case-law relating to sport within the meaning of the  right to life (art. 2 of the ECHR), prohibition of torture of inhuman or degrading treatment or punishment (art. 3 of the ECHR), right to liberty and security (art.5 of the ECHR), right to a fair trial (art.6 of the ECHR) or right to protection of private and family life (art.8 of the ECHR).

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

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.

Feminism, Modern Philosophy and the Future of Legitimacy of International Constitutionalism

2009 ◽  
Vol 11 (2) ◽  
pp. 219-245
Author(s):  
Ekaterina Yahyaoui Krivenko
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Adequate Understanding ◽  
The Future ◽  
Migrants Rights ◽  
To Come ◽  
International Constitutionalism

AbstractInternational constitutionalism relates to processes of limiting traditionally unrestricted powers of states as ultimate subjects, law-makers and law-enforcers of international law. Human rights occupy a central, but very confusing and confused role in the theorisation of international constitutionalism. If feminist scholars have criticised the inadequacies, shortcomings and gaps of international law of human rights at least since 1991, the doctrine of international law theorising constitutionalisation of international law until now has remained blind to these critiques idealising human rights and often using them as the ultimate legitimating factor. Thus, legitimacy and legality become confused and the distinction between them blurred in the doctrine of international constitutionalism. This in turn creates a danger of failure of the constitutionalists project itself, as it will serve to reinforce existing inadequacies and gaps in human rights protection. To illustrate this argument, I discuss some examples related to the protection of women's and migrants' rights. In order to avoid this dangerous development, I argue that international lawyers theorising international constitutionalism shall adopt an adequate, inclusive notion of legitimacy. In order to develop this adequate understanding of legitimacy, they should first take seriously feminist and other critiques of international human rights law and international law more generally. In the final parts of this article I develop my own more detailed proposals on the future of legitimacy and international constitutionalism. In doing so, I draw on the 'self-correcting learning process' developed in the writings of Jürgen Habermas, 'democracy to come' and more general views on the nature of sovereignty and human rights expressed by Jacques Derrida, as well as Levinasian 'responsibility-to-and-for-the-Other'.

Part II Substantive Aspects, Ch.4 Intentional Destruction of Cultural Heritage

2020 ◽  
Author(s):  
Lenzerini Federico
Keyword(s):  
Human Rights ◽  
Cultural Heritage ◽  
International Law ◽  
International Community ◽  
Cultural Groups ◽  
Special Significance ◽  
Customary International Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Cultural Heritage

This chapter focuses on the practice of deliberate destruction of cultural heritage, which has represented a plague accompanying humanity throughout all phases of its history and has involved many different human communities either as perpetrators or victims. In most instances of deliberate destruction of cultural heritage, the target of perpetrators is not the heritage in itself but, rather, the communities and persons for whom the heritage is of special significance. This reveals a clear discriminatory and persecutory intent against the targeted cultural groups, or even against the international community as a whole. As such, intentional destruction of cultural heritage, in addition of being qualified as a war crime, is actually to be considered as a crime against humanity. Furthermore, it also produces notable implications in terms of human rights protection. Protection of cultural heritage against destruction is today a moral and legal imperative representing one of the priorities of the international community. In this respect, two rules of customary international law exist prohibiting intentional destruction of cultural heritage in time of war and in peacetime.

Contesting Self-determination in the Wake of Empire: Sovereignty, Human Rights and Economic Justice

2020 ◽  
Vol 89 (1) ◽  
pp. 67-93
Author(s):  
Miriam Bak McKenna
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Status ◽  
International Economic Order ◽  
Self Determination ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Historical Accounts ◽  
East West ◽  
Individual Human

This article considers the ways in which geo-political and legal concerns materialised in debates over self-determination in the years following decolonisation, and how they impacted on its’ possibilities, objectives and conception. During this period, self-determination was not, as some scholars have argued, a declining norm, but one central to the competing visions of reinventing international law after empire. These varying articulations were largely shaped by the experience of colonialism and its ongoing effects, along with the ideological confrontation between East-West and North-South. One articulation stressed the primacy of political and economic sovereignty, prominently seen in calls for the establishment of a New International Economic Order. The other sought to integrate self-determination into the elevation of democratic governance and individual human rights protection. Examining these alternative formulations of self-determination, underlines the incompleteness of mainstream historical accounts, and may throw light upon continuing anxieties over its current legal status.

Implementing Decisions of International Human Rights Institutions – Evidence from the United Nations Human Rights Committee

2019 ◽  
Vol 30 (3) ◽  
pp. 753-777
Author(s):  
Vera Shikhelman
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
The State ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
International Human ◽  
The United Nations ◽  
Internal Capacity

Abstract In recent years, there has been an increasing amount of research about the implementation of international law. However, there has been almost no empirical research about implementing decisions of international human rights institutions. The decisions of those institutions are usually regarded as soft law, and states do not have a clear legal obligation to implement them. In this article, I bring original empirical data about how and when states implement decisions of the United Nations Human Rights Committee (HRC) in individual communications. I hypothesize that the following factors influence the readiness of states to implement the views of the HRC: (i) the level of democracy and human rights protection in the state; (ii) internal capacity; (iii) strength of civil society; (iv) type of remedy; (v) representation on the HRC; (6) subject matter of the communication. I find that the most important factor for implementing remedies granted by the Committee is the high human rights score of the state. The internal capacity of the state is also significant but to a lesser extent than found in previous studies. Also, I find a certain connection between the state being represented on the HRC and its willingness to implement the remedies.

EU Asylum Law and Human Rights Protection: Revisiting the Principle of Non-refoulement and the Prohibition of Torture and Other Forms of Ill-treatment

2012 ◽  
Vol 14 (2) ◽  
pp. 119-149 ◽  
Author(s):  
Júlia Mink
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Framework ◽  
International Norms ◽  
Human Rights Protection ◽  
Legal Principles ◽  
Rights Protection ◽  
Asylum Law ◽  
Depth Analysis ◽  
The Eu

Abstract The principal objective of the article is to examine the EU legal framework and international law parameters of legal harmonisation processes in a specific field of human rights protection: asylum legislation. In particular, it is to provide an in-depth analysis of the compatibility of EU asylum legislation with existing international norms in relation to the principle of non-refoulement and the prohibition of torture and other forms of ill-treatment. It also aims at exploring the correspondence and controversies of relevant legal principles and norms under international law. Similarly, it attempts to provide an analysis of the incomplete and inefficient implementation of these international norms and principles by EU asylum law as well.

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