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https://openalex.org/W4383873823 | Migration Deals Seen through the Lens of the ICESCR | [
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| https://api.openalex.org/works?filter=cites:W4383873823 | Abstract Human rights violations in the context of migration deals have received considerable attention, especially when it comes to more frequently explored human rights such as the principle of non-refoulement, the right to life, and the prohibition on torture. However, such deals also have a negative impact on the socio-economic rights of people on the move, who often live in dire conditions and lack access to education, health care, and work. This article therefore seeks to answer the following question: to what extent do European Union Member States have obligations under the International Covenant on Economic, Social and Cultural Rights towards people on the move contained in third countries as a result of migration deals? The analysis shows that EU Member States may have two types of obligations and examines their nature and scope. First, EU Member States have direct obligations when exercising extraterritorial jurisdiction. This is the case when they can take reasonable measures to avoid reasonably foreseeable human rights violations that result from migration deals. Secondly, they may also have global obligations within the framework of international assistance and cooperation. While the nature and scope of these obligations remain unclear, this article explores whether EU Member States have an obligation to provide international assistance and cooperation to third countries that host people on the move as a result of migration deals. It also examines whether EU Member States can comply with their obligations of international assistance and cooperation by cooperating with third countries on migration control. The article uses the examples of European migration deals with Turkey and Libya to illustrate the analysis. | [
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https://openalex.org/W4200493423 | An Introduction: Vernacular Rights Cultures and Decolonising Human Rights | []
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"Turkey"
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| https://api.openalex.org/works?filter=cites:W4200493423 | Haq is the Arabic word for a right. It is also the word for a right in Urdu, Persian, Turkish and Hindustani. The first recorded existence of haq can be traced to classical Hebrew and it is also found in the older Semitic languages such as Aramaic and Mendian. Over the centuries, the word has travelled across the globe to become the principal word to signify a right in South Asia, the Middle East and North Africa. Haq or hukk appears in Hindustani and Urdu lexicon through the influence of Persian in the Indian subcontinent where it cuts across geographical, religious and linguistic boundaries to become the principal word deployed to claim rights by subaltern groups in northwestern India and Pakistan. Not surprisingly, in the course of its travels, it has gathered complex meanings and iterations that inform political imaginaries, subjectivities and political cultures of rights and rights claim-making. What can the presence of haq in the vernacular and its use tell us about contemporary articulations, practices and discourses of rights and human rights in ‘most of the world’? What can it tell us about the different contexts of rights, meanings of rights, and about the conceptual languages of rights in ‘other’ parts of the globe? What does an attention to haq tell us about the forms of rights politics, subjectivities and the processes of political subjectivation these engender? And, furthermore, what can it tell us about the ‘other’ political cultures, imaginaries, contestations and struggles for rights? How can scholarly investigations of contemporary struggles for haq inform global human rights scholarship? And how useful is the global human rights framework for conceptually capturing political struggles for haq? | []
|
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https://openalex.org/W2759193479 | OPINION 2/13 OF THE COURT OF JUSTICE OF THE EUROPEAN UNION: ANALYSIS AND FURTHER PERSPECTIVES OF EUROPEAN UNION ACCESSION TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS | [
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"display_name": "Nasiya Daminova",
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"id": "https://openalex.org/C139621336"
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"id": "https://openalex.org/C162324750"
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| https://api.openalex.org/works?filter=cites:W2759193479 | This paper is devoted to the legal analysis of CJEU Opinion 2/13 on European Union accession to the European Convention on Human Rights. The article examines the CJEU’s approach to the interpretation of Art. 267 and 344 of the Treaty on the Functioning of the European Union — in the light of Protocol No. 16 to the European Convention on Human Rights, as well as the previous case law of the Court of Justice (Mox Plant and Melki and Abdeli). The conclusions are drawn as to the manner in which Opinion 2/13 develops EU legal order autonomy doctrine and how it affects the future perspectives of EU accession to the European Convention on Human Rights. Firstly, while interpreting the content and purpose of Art. 344 TFEU, the CJEU gives a positive answer to the question as to whether the ECHR compliance system falls within the ambit of this Treaty provision. Secondly, the Court of Justice takes an extremely protective approach in giving its interpretation to the role of preliminary rulings procedure guaranteed by Art. 267 TFEU for the unity and efficiency of European law, making even the legal protection of individuals secondary to these purposes. It is quite probable that the accession will be delayed for an indefinite period of time — due to the likely impossibility of reaching a consensus on a new version of the Draft accession agreement with all members of the Council of Europe (such as Russia, Ukraine and Turkey) in the very near future. At the same time, European Union accession to the European Convention on Human Rights remains a legal duty in accordance with Art. 6 Treaty on the European Union (TEU), Declaration No. 2 on Article 6 (2) TEU and Protocol No. 8 to the Lisbon Treaty. | [
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https://openalex.org/W4390444206 | An International Human Rights Law Perspective on The Impact of Digitalization on The Alevi Community | [
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"display_name": "Melih Uğraş Erol",
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| [
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| https://api.openalex.org/works?filter=cites:W4390444206 | The digitalization of law is occurring at an accelerated pace due to advancements in technology and the influence of the internet. This digitalization has brought about a significant transformation in the acquisition and diffusion of legal information and instruments, presenting both benefits and obstacles, particularly in the field of international human rights law. Comprehending the impact of digitalization on human rights is of utmost importance for populations such as the Alevis in Turkey, who are currently enduring violations of their fundamental rights. This is because technological advancements and their implications for human rights law play a vital role in ensuring the safeguarding and implementation of human rights while also potentially enabling tangible breaches of these rights. The European Court of Human Rights has often ruled in favor of Alevis in cases involving human rights breaches. However, the advent of digitalization brings up a new realm for Alevis’ human rights issues, since they may face distinct challenges arising from the digitalization of human rights. There are advantages to the digitalization of human rights law for Alevis, particularly in terms of enhanced accessibility to legal materials, while also having disadvantages, e.g., online hate speeches and low digital literacy, and facing potential obstacles such as bias in artificial intelligence (AI) systems. Digital platforms are also significant in safeguarding Alevi cultural rights and enabling the establishment of an understanding of being a community among Alevis via the use of internet platforms. In the era of digitalization of law, while Alevis comprehend their human rights and freedoms, they also use online platforms for activism. This article offers a thorough examination of the consequences of the digitalization of international human rights law for the Alevi population. It specifically focuses on the advantages and disadvantages associated with this phenomenon. | [
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https://openalex.org/W3123295439 | Equality & Non-discrimination between the European Court of Justice and the European Court of Human Rights: Challenges and Perspectives in the Religious Discourse | [
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"display_name": "C. Nardocci",
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{
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"id": "https://openalex.org/C95691615"
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{
"display_name": "Freedom of religion",
"id": "https://openalex.org/C2775854416"
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{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
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{
"display_name": "Employment discrimination",
"id": "https://openalex.org/C2994519032"
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{
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"id": "https://openalex.org/C144024400"
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{
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"id": "https://openalex.org/C162324750"
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{
"display_name": "Economic policy",
"id": "https://openalex.org/C105639569"
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| https://api.openalex.org/works?filter=cites:W3123295439 | Whereas gender, race and ethnicity have been placed at the very center of the rediscovery of European Union anti-discrimination law in the last decades, religion seems to stand in the backyard of the European Union Agenda. Efforts to tackle discrimination based on religious belief have not yet invested all areas of European Union anti-discrimination law, whose preference has been progressively devoted to other factors, even by leaving religion aside from the material scope of the Race Directive 43/2000/CE. The Employment Equality Directive, in fact, only prohibits discrimination on grounds of religion and belief in the fields of employment and occupation, vocational training, membership of employer and employee organizations, though refraining from following the Race Directive approach as to the width of protection. Freedom of religion within the European Union is then enshrined under Article 10, Freedom of thought, conscience and religion, of the European Union Charter of Fundamental Rights together with the general guarantee of non-discrimination under Article 21 and that of cultural religious and linguistic diversity set forth under Article 22. On the Council of Europe side, the European Convention – through Article 9, 14 and, to some extent, 1, Protocol no. 12 – and the European Court of Human Rights (ECtHR) have instead played a prominent role in addressing issues pertaining to freedom of religion, although generally disregarding the discriminatory implications of the scrutinized cases. Reference is made to the ECtHR consistent case-law on: proselytism (see Kokkinakis v. Greece); religious communities and their legal recognition (see Hasan and Chaush v. Bulgaria, Metropolitan Church of Bessarabia and Others v. Moldova); religious holydays (Francesco Sessa v. Italy, ); religious symbols in the public sphere (see Leyla Sahin v. Turkey, S.a.s. v. France; Eweida and others v. the United Kingdom; Hamidovic v. Bosnia Herzegovina); disposal of public services in the interest of religious communities (Izzetin Dogan v. Turkey). The European Union Charter of Fundamental Rights, together with the above mentioned Articles of the European Convention of Human Rights, set therefore the framework where to situate the lines of intervention towards discrimination on account on religion in european multicultural and multi-religious society. Moving ahead and beyond the existing legal background on religious anti-discrimination law, the presentation intends to discuss and compare the European Union Court of Justice (ECJ) and the European Court of Human Rights (ECtHR) approaches towards discrimination claims on religious ground, by highlighting weaknesses and challenges faced by the principle of equality and non-discrimination on account of religious belief at the european level. As to the method, the proposed analysis, through selected case studies, will address and disclose achievements and perspectives in the fight against discrimination based on religious belief by looking at the following issues: the notion of religion with specific reference to its overlapping relationship with that of ethnicity; the notions and implications of direct and indirect discrimination; the collective or “group” resonance of discrimination on account of religious belief. The parallel and combined investigation of the EU Court of Justice (see Achbita v. G4S and Bougnaoui v. Micropole) and the ECtHR case-law will thus offer an insight into the unsolved questions behind the understanding and the legal awareness towards discrimination based on religion. The presentation will eventually bring about: the urge to challenge western countries approach to anti-discrimination strategies by acknowledging the inadequate realization of existing measures and suggesting diverse mechanisms which might embrace a focus on minorities’ rights as an additional tool to overcome discrimination; the adequacy of approaching anti-discrimination claims by interlacing religion and ethnicity; the challenges encountered by anti-discrimination law and Courts’ dependence on the so-called comparator methodology. | []
|
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https://openalex.org/W3120553326 | International Human Rights Law and Religious and Cultural Law: Breaking the Impasse | [
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{
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{
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"id": "https://openalex.org/C144024400"
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{
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"id": "https://openalex.org/C94625758"
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| https://api.openalex.org/works?filter=cites:W3120553326 | The international human rights movement is facing an existential crisis—a crisis created in part by its continuing failure to adequately address strong criticism that international human rights law (IHRL) is a form of cultural imperialism designed to destroy local religion and culture. While the debate underlying the crisis is not new, the strength of its threat to IHRL and the liberal democratic order is. One of the primary points of friction is over IHRL’s seeming rejection of a group right to be governed by religious or cultural law—a right IHRL proponents fear would open the doors to discrimination against women, the LGBT community and nonconformists. Already, populist leaders like President Erdogan of Turkey have been able to capitalize on a combination of demands for a role for religion in governance and frustration with economic inequality to claw back on human rights and democratic guarantees.The debates surrounding group rights have reached an impasse that will do little to promote either human rights or greater respect for religion and culture. This Article seeks to break that impasse. First, it relies on progressive Muslim and African scholarship to tear down the assumptions shared by both IHRL and group rights proponents that make the impasse seemingly intractable: (1) that religious and cultural law are determined from the top down; and (2) that they demand total submission of their followers. Having debunked those assumptions, it then challenges both groups to consider whether a theory of substantive human rights could allow countries to guarantee individuals the right to feely and equally choose whether to be governed by religious or cultural law without risking that this choice will become a ruse for favoring the majority group or for subjugating women and vulnerable groups. | [
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https://openalex.org/W4321453485 | The concept of transitional justice in a context of a breach of articles 2 and 3 of the European convention on human rights | [
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{
"display_name": "Context (archaeology)",
"id": "https://openalex.org/C2779343474"
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{
"display_name": "State (computer science)",
"id": "https://openalex.org/C48103436"
},
{
"display_name": "Sociology",
"id": "https://openalex.org/C144024400"
},
{
"display_name": "Politics",
"id": "https://openalex.org/C94625758"
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{
"display_name": "History",
"id": "https://openalex.org/C95457728"
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{
"display_name": "Archaeology",
"id": "https://openalex.org/C166957645"
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{
"display_name": "Algorithm",
"id": "https://openalex.org/C11413529"
},
{
"display_name": "Computer science",
"id": "https://openalex.org/C41008148"
}
]
| [
"Turkey"
]
| [
"https://openalex.org/W2015654299",
"https://openalex.org/W2500825829",
"https://openalex.org/W3122034409"
]
| https://api.openalex.org/works?filter=cites:W4321453485 | This article examines violations and crimes against human rights committed during the period of transitional justice. This topic is extremely actual for Ukraine today, thus it provokes countless discussions. Transitional justice is a complex of special measures towards reaching peace after armed conflict, reaching democracy after authoritarianism. The main aim of this conception is fairness. The last one must be established in relation to the victims of violations of human rights, in particular, the right to life and prohibition of torture. The family of the victim, for its part, has the right to know what really happened and demand reparation for the moral suffering. In fact, the human rights violation occurs in the temporarily ungoverned territories of Ukraine every day. In case the state has no opportunity to exercise effective control over the entire territory of our country and ensure all the rights set forth in the European convention on human rights for its citizens fully, after the war the state has a duty to restore valuable human rights such as the right to life and the prohibition of torture. Consequently, it is necessary to be getting ready for this period immediately. We should take into account the mechanisms of restoring justice in other countries as well as analyse the jurisprudence of the European Court of Human Rights relating to human rights violation during armed conflicts. In particular, this article explores the proceedings against Russia, Turkey, former Yugoslav Republic of Macedonia that may be relevant for Ukraine. Obviously, for bringing the perpetrators to justice and in order to avoid impunity, a process of documentation or another effective instrument for recording the acts against human rights stays complicated, major and open for further development. Key words: transitional justice, right to life, prohibition of torture, European Court of Human Rights, European Convention on Human Rights. | [
{
"display_name": "Ûridična Ukraïna",
"id": "https://openalex.org/S4210210703",
"type": "journal"
}
]
|
|
https://openalex.org/W4255314119 | Human Rights Law and the Displaced Human: Silence, Suffering and Neglect | []
| [
{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
},
{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
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{
"display_name": "Fundamental rights",
"id": "https://openalex.org/C95691615"
},
{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
},
{
"display_name": "Law",
"id": "https://openalex.org/C199539241"
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{
"display_name": "Right to property",
"id": "https://openalex.org/C22299250"
},
{
"display_name": "Principle of legality",
"id": "https://openalex.org/C42027317"
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{
"display_name": "Reservation of rights",
"id": "https://openalex.org/C27357055"
},
{
"display_name": "Sociology",
"id": "https://openalex.org/C144024400"
},
{
"display_name": "Law and economics",
"id": "https://openalex.org/C190253527"
}
]
| [
"Turkey"
]
| []
| https://api.openalex.org/works?filter=cites:W4255314119 | This chapter focuses on the intersection between international human rights law and the nation state. While human rights claim to be universal and an inherent part of being a human, when it comes to international human rights law, this is not necessarily reflected. The law is tied to the idea of the nation state; each state must agree to be bound by human rights obligations and each state is only obligated to protect the human rights of those within its territory or over whom it has control. This human rights law-nation state nexus is approached by this chapter from three perspectives to explore how this linkage can cause human rights law to contribute to suffering. Each perspective focuses on migration – the displaced human – as the point where the idea of human rights is undermined by its translation into international human rights law as it is conceived of today. The first section uses Hannah Arendt’s ‘right to have rights’, which critiques human rights law for only protecting the rights of the citizen, through explaining and analysing the situation of refugees in Turkey. The second section discusses Nancy Fraser’s Keynesian-Westphalian framing of social justice critique, through examining the situation of migrant domestic and care workers. The final section employs Jacques Rancière on the effects of linking human rights to the nation state, through examining current discussions on climate change-induced migration. The chapter concludes that the nation state-human rights law framing is one which results in the denial of the very universality of human rights it seeks to promote, in a furtherance of injustice and ultimately in the perpetuation and creation of suffering towards those outside the protection of citizenship. | [
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https://openalex.org/W4301509679 | Kyrgyzstan | [
{
"affiliations": [],
"display_name": "_ _",
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| [
{
"display_name": "Impunity",
"id": "https://openalex.org/C2780224667"
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{
"display_name": "Torture",
"id": "https://openalex.org/C544040105"
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{
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"id": "https://openalex.org/C199539241"
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{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
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{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
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{
"display_name": "Supreme court",
"id": "https://openalex.org/C2778272461"
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{
"display_name": "Criminology",
"id": "https://openalex.org/C73484699"
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{
"display_name": "International Covenant on Civil and Political Rights",
"id": "https://openalex.org/C2781329779"
},
{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
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{
"display_name": "Sociology",
"id": "https://openalex.org/C144024400"
},
{
"display_name": "Right to property",
"id": "https://openalex.org/C22299250"
}
]
| [
"Turkey"
]
| []
| https://api.openalex.org/works?filter=cites:W4301509679 | Discriminatory legislative proposals, including related to “foreign agents” and “homosexual propaganda,” persistent impunity for ill-treatment and torture, and shortcomings in law enforcement and the judiciary undermine and erode democratic progress that Kyrgyzstan has made in recent years. Impunity for violence and discrimination against women and lesbian, gay, bisexual, and transgender (LGBT) people remains pervasive. Freedom of expression and assembly also suffered setbacks in 2014.Attacks on defendants and lawyers in courts continued in 2014. Rights defender Azimjon Askarov remained wrongfully imprisoned at time of writing, despite his renewed attempts during the year to have a court review his case.Since the outbreak of ethnic violence in June 2010, Kyrgyzstan's flawed justice process has produced long prison sentences for mostly ethnic Uzbeks after convictions marred by torture-tainted confessions and other due process violations. Seven further cases related to crimes committed during the violence are pending, including that of a man detained in July 2014. All defendants are ethnic Uzbeks, reinforcing concerns of judicial bias.Impunity for violent physical and verbal attacks at some hearings continued in 2014, undermining defendants’ fair trial rights. After a January hearing in the case of Mahamad Bizurukov, an ethnic Uzbek defendant standing trial for June 2010-related crimes, the United States embassy issued a statement expressing deep concern.On August 11, Kyrgyzstan's Supreme Court declined to grant Turkish national Ahmet Gunan a retrial despite a United Nations Human Rights Committee 2011 decision finding violations of the International Covenant on Civil and Political Rights. The committee noted that Kyrgyzstan is obligated to remedy the violations, including by releasing Gunan or granting him a retrial, and by providing full reparation, including appropriate compensation. | [
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https://openalex.org/W271554013 | The Plight of the Persecuted: The European Union and United States Asylum Law | [
{
"affiliations": [],
"display_name": "Riikka E. Morrill",
"id": "https://openalex.org/A5046952976"
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| [
{
"display_name": "Persecution",
"id": "https://openalex.org/C537575062"
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{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
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{
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"id": "https://openalex.org/C2910001868"
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{
"display_name": "Law",
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{
"display_name": "Refugee",
"id": "https://openalex.org/C173145845"
},
{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
},
{
"display_name": "Immigration",
"id": "https://openalex.org/C70036468"
},
{
"display_name": "International law",
"id": "https://openalex.org/C55447825"
},
{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
},
{
"display_name": "Politics",
"id": "https://openalex.org/C94625758"
},
{
"display_name": "International trade",
"id": "https://openalex.org/C155202549"
},
{
"display_name": "Economics",
"id": "https://openalex.org/C162324750"
}
]
| [
"Turkey"
]
| []
| https://api.openalex.org/works?filter=cites:W271554013 | INTRODUCTION Meltem Avcil was no older than eight when she and her parents fled persecution in Turkey. (1) Six years later, Meltem turned fourteen behind bars at an immigrant detention center in the United Kingdom, leading a life far different than the one her parents had hoped for her. (2) In limbo, the young girl awaited possible removal Turkey where human rights abuses occur despite the country's continued effort join the European Union. (3) As the European Union grows, allowing countries with poor human rights records accede, options for Europe's persecuted become scarce. (4) This Note examines how European Union (EU) expansion affects the ability of persecuted Europeans seek and receive asylum. (5) Part II of this Note presents the relevant history of international, EU, and United States law. (6) Part III of this Note discusses EU expansion and the consequent changes the makeup of the Union. (7) In Part IV, this Note analyzes how the existence of the EU affects persecuted Europeans seeking in the European Union and the United States. (8) Finally, Part V of this Note concludes that as the EU continues grow, the EU and the United States must work ensure that the human rights of EU citizens fleeing persecution are adequately protected. (9) II. ASYLUM LAW A. The United Nations and Refugees The United Nations established the Office of the United Nations High Commissioner for Refugees (UNHCR) in 1950. (10) The UNHCR's primary purpose is safeguard the rights and well-being of refugees, relying on governments work with the UNHCR reduce situations resulting in forced displacement of civilians and collaborate with the UNHCR resettle refugees. (11) The two documents central the UNHCR's mission, the United Nations 1951 Convention Relating the Status of Refugees (Refugee Convention) and the United Nations 1967 Protocol Relating the Status of Refugees (Protocol), call upon states become parties and for those who are parties to co-operate with the Office of United Nations High Commissioner for Refugees in the exercise of its functions and, in particular, facilitate its specific duty of supervising the application of the provisions of these instruments. (12) B. Asylum in the European Union 1. Standardization of Asylum Law In October 2008, the Vice President of the European Commission (EC) declared that providing is both a duty and a moral obligation of Europe. (13) To fulfill this responsibility, the EU has worked for almost two decades develop a common system. (14) In 1997, the Treaty of Amsterdam created a new Title IV for the EC Treaty which addresses visas, asylum, immigration and other policies related the free movement of persons and, in 1999, the European Council in Tampere outlined specific aims of the common system. (15) A 2005 EU Directive (Asylum Directive) was the last of six important legislative texts establishing the Common European Asylum System and in 2006, the EC encouraged Member States cooperate in implementing the system, suggesting ways best ensure that it is fully harmonized. (16) More recently, in December 2008, the EC approved proposals amend current legislation more fully meet the goals of the common system. (17) The idea behind a common European system is to improve the quality of individual decisions ... reduce the proportion of challenges negative decisions, while providing greater consistency, which would hopefully deter secondary movement or multiple demands (as cases would be judged on the same basis across the whole of the EU). (18) Lack of consistent adjudication has resulted in what has been termed an asylum lottery where the same claim may have a different outcome depending on the state in which it is filed. (19) Consequently, applicants often engage in asylum shopping, either applying for in multiple EU states hoping that at least one application will be approved or traveling through safe states without applying for in an attempt reach a state with a higher rate of approvals. … | [
{
"display_name": "Suffolk Transnational Law Review",
"id": "https://openalex.org/S185223701",
"type": "journal"
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|
|
https://openalex.org/W3125020267 | The European Court of Justice and the European Court of Human Rights determnig the State responsible for examining an Asylum Application | [
{
"affiliations": [],
"display_name": "Lia Versteegh",
"id": "https://openalex.org/A5084641306"
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| [
{
"display_name": "Human rights",
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{
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{
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"id": "https://openalex.org/C17744445"
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{
"display_name": "Treaty of Lisbon",
"id": "https://openalex.org/C2776212127"
},
{
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"id": "https://openalex.org/C95691615"
},
{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
},
{
"display_name": "European union",
"id": "https://openalex.org/C2910001868"
},
{
"display_name": "European Union law",
"id": "https://openalex.org/C115314567"
},
{
"display_name": "Treaty",
"id": "https://openalex.org/C2779010840"
},
{
"display_name": "State responsibility",
"id": "https://openalex.org/C2778042224"
},
{
"display_name": "Convention",
"id": "https://openalex.org/C2780608745"
},
{
"display_name": "Charter",
"id": "https://openalex.org/C2777596936"
},
{
"display_name": "International trade",
"id": "https://openalex.org/C155202549"
},
{
"display_name": "Business",
"id": "https://openalex.org/C144133560"
}
]
| [
"Turkey",
"Syria",
"Somalia"
]
| []
| https://api.openalex.org/works?filter=cites:W3125020267 | Article 6 of the Treaty of the European Union (TEU) as part of the 2009 Treaty of Lisbon states that the European Union recognizes the rights, freedoms and principles set out in the EU Charter of Fundamental Rights. It also states fundamental rights, as guaranteed by the European Convention on Human Rights (ECHR). So, the fundamental rights system of the European Union consists of the constitutional traditions of the Member States of the Union, the rights of the ECHR and the obligatory provisions of the EU Charter. The ECJ refers to these three sources of law, while the ECtHR refers to the ECHR.Both, the ECJ and the ECtHR give judgments in cases concerning asylum and violation of human rights based on the European Union Regulation ( EC) no. 343/2003, the so-called Dublin II Regulation determining the Member State responsible for examining an asylum application, and reviewing compliance with the criteria for determining responsibility for examining the asylum application and the shortcomings of human rights protection. In the Abdullah case before the ECJ applicant was a Somali national who entered Greece irregularly by boat via Syria and Turkey and without having lodged an asylum application in Greece she travelled to Austria and applied for asylum. She did not apply for asylum in Greece due to deficiencies in the Greek asylum system. The ECJ held that once a Member State takes charge of an application on the basis of the Dublin II Regulation can only be overturned if there are systemic deficiencies in the asylum procedure. She was not able to call into question the conditions for the reception of applicants for asylum in Greece and lost the case.In the Tarakhel case versus Switzerland before the ECtHR applicants claimed the violation of Article 3 of the ECHR that prohibits torture and ?inhuman or degrading treatment or punishment. ? The ECtHR thought that in cases of a family with young children being deported to Italy, suggest that the State normally undertakes a thorough examination of the individual situation. This had not be done and applicants were admissible.It is obvious that the European Union does not provide for an effective remedy for the applicant who neglects the Dublin II system for asylum seekers. | [
{
"display_name": "RePEc: Research Papers in Economics",
"id": "https://openalex.org/S4306401271",
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|
|
https://openalex.org/W2267375923 | The European Court of Justice and the European Court of Human Rights determining the State responsible for examining an Asylum Application | [
{
"affiliations": [],
"display_name": "Lia Versteegh",
"id": "https://openalex.org/A5084641306"
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| [
{
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{
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{
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"id": "https://openalex.org/C17744445"
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{
"display_name": "Fundamental rights",
"id": "https://openalex.org/C95691615"
},
{
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"id": "https://openalex.org/C2776212127"
},
{
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"id": "https://openalex.org/C86615163"
},
{
"display_name": "European union",
"id": "https://openalex.org/C2910001868"
},
{
"display_name": "Treaty",
"id": "https://openalex.org/C2779010840"
},
{
"display_name": "European Union law",
"id": "https://openalex.org/C115314567"
},
{
"display_name": "Charter",
"id": "https://openalex.org/C2777596936"
},
{
"display_name": "Convention",
"id": "https://openalex.org/C2780608745"
},
{
"display_name": "State responsibility",
"id": "https://openalex.org/C2778042224"
},
{
"display_name": "International trade",
"id": "https://openalex.org/C155202549"
},
{
"display_name": "Business",
"id": "https://openalex.org/C144133560"
}
]
| [
"Turkey",
"Syria",
"Somalia"
]
| []
| https://api.openalex.org/works?filter=cites:W2267375923 | Article 6 of the Treaty of the European Union (TEU) as part of the 2009 Treaty of Lisbon states that the European Union recognizes the rights, freedoms and principles set out in the EU Charter of Fundamental Rights. It also states fundamental rights, as guaranteed by the European Convention on Human Rights (ECHR). So, the fundamental rights system of the European Union consists of the constitutional traditions of the Member States of the Union, the rights of the ECHR and the obligatory provisions of the EU Charter. The ECJ refers to these three sources of law, while the ECtHR refers to the ECHR. Both, the ECJ and the ECtHR give judgments in cases concerning asylum and violation of human rights based on the European Union Regulation ( EC) no. 343/2003, the so-called Dublin II Regulation determining the Member State responsible for examining an asylum application, and reviewing compliance with the criteria for determining responsibility for examining the asylum application and the shortcomings of human rights protection. In the Abdullah case before the ECJ applicant was a Somali national who entered Greece irregularly by boat via Syria and Turkey and without having lodged an asylum application in Greece she travelled to Austria and applied for asylum. She did not apply for asylum in Greece due to deficiencies in the Greek asylum system. The ECJ held that once a Member State takes charge of an application on the basis of the Dublin II Regulation can only be overturned if there are systemic deficiencies in the asylum procedure. She was not able to call into question the conditions for the reception of applicants for asylum in Greece and lost the case. In the Tarakhel case versus Switzerland before the ECtHR applicants claimed the violation of Article 3 of the ECHR that prohibits torture and inhuman or degrading treatment or punishment. The ECtHR thought that in cases of a family with young children being deported to Italy, suggest that the State normally undertakes a thorough examination of the individual situation. This had not be done and applicants were admissible. It is obvious that the European Union does not provide for an effective remedy for the applicant who neglects the Dublin II system for asylum seekers. | []
|
|
https://openalex.org/W2767466860 | Participation right as a human right and case of Edirne City Council | [
{
"affiliations": [],
"display_name": "Pınar Akarçay",
"id": "https://openalex.org/A5001313753"
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{
"affiliations": [],
"display_name": "Gökhan Ak",
"id": "https://openalex.org/A5087821208"
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| [
{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
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{
"display_name": "Solidarity",
"id": "https://openalex.org/C2780641677"
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{
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"id": "https://openalex.org/C2779343474"
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{
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"id": "https://openalex.org/C17022365"
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{
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"id": "https://openalex.org/C199776023"
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{
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"id": "https://openalex.org/C22299250"
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{
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"id": "https://openalex.org/C144024400"
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{
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"id": "https://openalex.org/C199539241"
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{
"display_name": "Cultural rights",
"id": "https://openalex.org/C2780339416"
},
{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
},
{
"display_name": "Fundamental rights",
"id": "https://openalex.org/C95691615"
},
{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
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{
"display_name": "Social rights",
"id": "https://openalex.org/C2777671340"
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{
"display_name": "Public administration",
"id": "https://openalex.org/C3116431"
},
{
"display_name": "Law and economics",
"id": "https://openalex.org/C190253527"
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{
"display_name": "Politics",
"id": "https://openalex.org/C94625758"
},
{
"display_name": "Paleontology",
"id": "https://openalex.org/C151730666"
},
{
"display_name": "Biology",
"id": "https://openalex.org/C86803240"
}
]
| [
"Turkey"
]
| [
"https://openalex.org/W1969181284",
"https://openalex.org/W3010558769",
"https://openalex.org/W4256419783"
]
| https://api.openalex.org/works?filter=cites:W2767466860 | Three generations of human rights are likely to be asserted when historical evolution of human rights are considered (Mourgeon, 1990). Those of the 1776 American and 1789 French Human Rights Manifestations which root in individualism based on the natural law are the oldest examples of first generation. In these examples, freedom of the person is considered in an abstract and judicial context. Second generation of human rights implemented in the second part of 19th century are those social and economic rights from which only a fraction of the society is benefited. The last generation is those rights of solidarity. Participation right is consisted in the solidarity rights. As could be envisaged in the other human rights, the participation rights are also wrapped into an institutional character by being engaged in international treaties. Thus urban and participation rights are still in the formation process. Today participation right as being one of the solidarity rights is the most significant one under consideration and development (Mourgeon, 1990; Tekeli, 2011). Development of the participation right in Turkey is mostly handled via ‘city councils’ formed mainly in line with the Local Agenda 21 concept. Thus the main aim of this study is analyse how much suitable the city councils are for the development of participation right. In this context, the study will focus on role of the city councils they assume on discussion, dialogue, negotiation and informing processes for the society on the issues related to the city and how effective they are on this performance. Thus in this study, the case of Edirne City Council will be examined regarding these issues. For the data collection, interview method will be used in the study. In this context, interviews will be carried out with the Municipality of Edirne, NGOs in Edirne, professional organizations and the city council. In terms of epistemological approach, the research process is interpretive and explanatory over legal and administrative regulations within the scope of field study. At the same time, the research approaches the subject with a deductive approach, which reaches the data by starting from the theory. In addition, the research is partly inductive, because of the fact that it aims to contribute to the theory by using the findings of the field study. It also carries a qualitative research characteristic in the context of the interviews to be carried out with the participants and the interviews carried out with relevant institutions and individuals. | [
{
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"id": "https://openalex.org/S2764415859",
"type": "journal"
},
{
"display_name": "DergiPark (Istanbul University)",
"id": "https://openalex.org/S4306401840",
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|
|
https://openalex.org/W2113395250 | Domestic Violence Asylum Claims and Recent Developments in International Human Rights Law: A Progress Narrative? | [
{
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{
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{
"display_name": "Law and economics",
"id": "https://openalex.org/C190253527"
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{
"display_name": "Sociology",
"id": "https://openalex.org/C144024400"
},
{
"display_name": "Philosophy",
"id": "https://openalex.org/C138885662"
},
{
"display_name": "Linguistics",
"id": "https://openalex.org/C41895202"
}
]
| [
"Turkey"
]
| [
"https://openalex.org/W1987345007",
"https://openalex.org/W2034908229",
"https://openalex.org/W2157030557",
"https://openalex.org/W4205315981",
"https://openalex.org/W4238127115",
"https://openalex.org/W4244703015",
"https://openalex.org/W4255267171"
]
| https://api.openalex.org/works?filter=cites:W2113395250 | Recent years have witnessed significant developments in international human rights law relating to domestic violence. No longer viewed as a matter ‘essentially within the domestic jurisdiction of the State’, domestic violence now frequently commands the attention of international human rights bodies. The obligations imposed on states include positive obligations of due diligence to prevent, investigate and to punish domestic violence, whenever and wherever it occurs. Judicial dialogue across the borders of human rights and refugee law has also expanded the scope of refugee protection for women fleeing domestic violence, bringing with it a gradual recognition of the positive obligations that international law now imposes on states. However, as recent cases such as Jessica Gonzalez v the United States and Opuz v Turkey reveal, significant gaps remain between the rhetoric of human rights law and the reality of protection offered by states on the ground. These gaps are most keenly felt by refugee women. While state practice suggests greater gender inclusivity and sensitivity in the practice of refugee law, women fleeing domestic violence continue to face obstacles in making their claims heard. The ambivalence with which domestic violence claims are treated in asylum adjudication reflects the hesitation to affirm the human rights norms and attendant obligations underpinning such claims. The very prevalence of domestic violence disadvantages women in presenting claims to persecution. The widespread impunity of state and non-state actors for crimes of domestic violence brings into question the exceptional claim of the asylum seeker and raises the spectre of opening floodgates in response to a human rights violation that is both familiar and endemic. Despite more than a decade of gender guidelines on international protection standards and procedures, refugee women continue to face difficulties in presenting claims of persecution and in demonstrating a failure of state protection when the harm suffered takes place, as the European Court of Human Rights notes, ‘within personal relationships or closed circuits.’ This article examines developments in international human rights law relating to domestic violence and questions how or whether refugee law has integrated those developments into asylum adjudication processes. | [
{
"display_name": "Social Science Research Network",
"id": "https://openalex.org/S4210172589",
"type": "repository"
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]
|
|
https://openalex.org/W2783257597 | EKSTRADICIJA I PROTJERIVANJE: POVREDA ČLANKA 3. EUROPSKE KONVENCIJE ZA ZAŠTITU LJUDSKIH PRAVA I TEMELJNIH SLOBODA | [
{
"affiliations": [],
"display_name": "Emira Čilić",
"id": "https://openalex.org/A5041830255"
}
]
| [
{
"display_name": "Torture",
"id": "https://openalex.org/C544040105"
},
{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
},
{
"display_name": "Deportation",
"id": "https://openalex.org/C60961049"
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{
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"id": "https://openalex.org/C199539241"
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{
"display_name": "Convention",
"id": "https://openalex.org/C2780608745"
},
{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
},
{
"display_name": "Fundamental rights",
"id": "https://openalex.org/C95691615"
},
{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
},
{
"display_name": "Justiciability",
"id": "https://openalex.org/C2779518780"
},
{
"display_name": "Right to property",
"id": "https://openalex.org/C22299250"
},
{
"display_name": "Immigration",
"id": "https://openalex.org/C70036468"
}
]
| [
"Turkey"
]
| []
| https://api.openalex.org/works?filter=cites:W2783257597 | Protection of human rights is given its momentum after World War II when various violations of fundamental human rights occurred. The international community has begun to work on this protection in a way that it has adopted a number of documents. Primarily, we have the provisions of the Universal Declaration of Human Rights and the European Convention on Human Rights and Fundamental Freedoms. The provision that prescribes the prohibition of torture, inhuman or degrading treatment or punishment is in Article 3 of the European Convention, and in many other documents such as the UN Convention against Torture, which gave the definition of torture. Article 3 of the European Convention has an absolute character, and it gives a State party positive, negative and procedural obligations. The European Court of Human Rights is a body that interprets the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms and it defined in the judgment in the case Ireland v United Kingdom the concepts of torture, inhuman and degrading treatment. The difference between these terms is in the level of cruelty and the necessary intensity. For the application of Article 3. a minimum level of severity is required. A violation of Article 3 may occur in cases of extradition and deportation. Extradition and deportation differ in their purpose. Extradition is a form of international criminal law assistance, while deportation is a unilateral act. Special provisions relating to the extradition of nationals, fiscal offences, military offences, political offences represent an obstacle to extradition. The European Court in Soering determined the elements that should exist for deportation or extradition to be prevented. These elements are substantial grounds for believing that the person concerned faces a real risk of torture or inhuman or degrading treatment. The European Court in the Soering case concluded that death row constituted a violation of Article 3. In judgment Babar Ahmad the question was whether the special administrative measures violate article 3. When we talk about deportation, judgment in the Chahal case had a link with terrorism. The applicant was the leader of Sikh community which were persecuted by the police in India. In Cruz Varas and Vilvarajah the key role was given to the facts that the applicant gave contradictory in his statements and that there was a UNHCR`s voluntary return program. In the Jabari case the problem was in the Turkish legislation or in other words, the five day statutory term for the application for the asylum caused the violation of Article 3. Hirsi Jamaa case has the significance when we talk about the immigrants. Right to asylum and principle non – refoulement have very important role in the process of extradition and deportation. | []
|
|
https://openalex.org/W4312802045 | BRIEF CONSIDERATIONS REGARDING THE RESPECT FOR THE RIGHT OF DEFENCE OF THE ACCUSED PERSON DURING CRIMINAL PROSECUTION, IN THE LIGHT OF THE CASE-LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS. CASE STUDY. | [
{
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{
"country": "Romania",
"display_name": "Academia de Politie Alexandru Ioan Cuza",
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"long": 26.081577,
"type": "education"
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{
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"display_name": "Daniel Constantin Bosinceanu",
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{
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{
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{
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{
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{
"display_name": "Right to a fair trial",
"id": "https://openalex.org/C2777803007"
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{
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"id": "https://openalex.org/C2778447849"
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{
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{
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{
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{
"display_name": "Criminal law",
"id": "https://openalex.org/C202565627"
}
]
| [
"Turkey"
]
| []
| https://api.openalex.org/works?filter=cites:W4312802045 | By the entry into force of the current Code of Criminal Procedure on 01.02.2014, the national legislator aimed to create a clear, accessible and predictable judicial system for all participants involved in a criminal proceeding, but also to place this system on the pillars of new principles in order to precisely respect human rights and fundamental freedoms.
 Its objectives have been specifically set out from the very preliminary theses of the adoption of the Code of Criminal Procedure, among which we mention that of establishing an appropriate balance between the requirements for an effective criminal proceeding and respect for the fundamental human rights of all participants in a criminal trial.
 This was a pressing need, because Romania ratified the European Convention on Human Rights (hereinafter E.C.H.R.) on 20.06.1994, introducing the obligation to respect it by the national judicial bodies, an aspect subsequently transposed into the internal legislation by adopting Article 20 of the Constitution (amended in 2003), as well as by introducing Article 1 (2) of the current Code of Criminal Procedure.
 Although the role of the European Court of Human Rights (hereinafter E.Ct.H.R.) is not defined by a court of judicial review of the decisions adopted by the national courts, not being able to modify or abolish them, it plays a subsidiary role to the national judicial systems which subsequently must verify the compatibility of internal legislation with the mandatory requirements of the European Court.
 From the content of the File on Romania, drawn up by the Strasbourg Court Registry, published in January 2021, as well as of its Report for 2020, both published on the website of this institution, it results that between 1997 (the date of the first conviction against Romania) and December 2020, a number of 1578 judgments and decisions passed against our country, and this ranks it in the top four member countries, after Turkey (convicted in 3742 cases), Russia (convicted in 2884 cases) and Italy (convicted in 2424 cases). Statistics also show that, after Romania, there are Ukraine (convicted in 1499 cases), Poland (convicted in 1197 cases), France (convicted in 1048 cases), Bulgaria (convicted in 737 cases) and Moldova (convicted in 473 cases).
 At the end of 2020, our country was convicted in 82 cases by E.Ct.H.R., and an analysis of the violated fundamental rights shows that the most common is the right to a fair trial provided for in Article 6 of E.C.H.R. (in 82 cases) which includes the right of defence of the person accused of having committed a criminal offence in its content.
 In accordance with Article 6 (2) and (3) from E.C.H.R.: “Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law... Everyone charged with a criminal offence has the following minimum rights: to be promptly informed of the nature and cause of the accusation against him in a language which he understands and in detail...; to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require...” | [
{
"display_name": "International Journal of Legal and Social Order",
"id": "https://openalex.org/S4387285693",
"type": "journal"
}
]
|
|
https://openalex.org/W2737409243 | Religious symbols in education institutions: Jurisprudence of the European Court of Human Rights | [
{
"affiliations": [],
"display_name": "Ivana Radačić",
"id": "https://openalex.org/A5000213948"
}
]
| [
{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
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{
"display_name": "Jurisprudence",
"id": "https://openalex.org/C71043370"
},
{
"display_name": "State (computer science)",
"id": "https://openalex.org/C48103436"
},
{
"display_name": "Fundamental rights",
"id": "https://openalex.org/C95691615"
},
{
"display_name": "Law",
"id": "https://openalex.org/C199539241"
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{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
},
{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
},
{
"display_name": "Islam",
"id": "https://openalex.org/C4445939"
},
{
"display_name": "Freedom of religion",
"id": "https://openalex.org/C2775854416"
},
{
"display_name": "Right to property",
"id": "https://openalex.org/C22299250"
},
{
"display_name": "Reservation of rights",
"id": "https://openalex.org/C27357055"
},
{
"display_name": "Sociology",
"id": "https://openalex.org/C144024400"
},
{
"display_name": "Philosophy",
"id": "https://openalex.org/C138885662"
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{
"display_name": "Theology",
"id": "https://openalex.org/C27206212"
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{
"display_name": "Algorithm",
"id": "https://openalex.org/C11413529"
},
{
"display_name": "Computer science",
"id": "https://openalex.org/C41008148"
}
]
| [
"Turkey"
]
| []
| https://api.openalex.org/works?filter=cites:W2737409243 | The issue of religious symbols in the educational institutions has given rise to widespread debate on the scope of freedom of religion and the relationship between the state and religion in various countries around the world. Two types of cases have been litigated before the European Court of Human Rights: those concerning the wearing of ‘the Islamic headscarf’ in schools and universities by pupils/students and teachers, and those concerning the presence of crucifix in the wall of the school classroom. These cases have raised the issue of balancing between different rights of different groups and state interests and the role of human rights institutions in monitoring the state’s balancing of these rights and interests. Following rights are engaged in the debate on religious symbols in educational institutions: freedom of religion of individual pupils, students and teachers– including the right to believe and right not to believe ; rights of parents to educate their children according to their philosophical and religious beliefs ; and state’s interests in promoting certain values which they may see as indispensable for its public order. These rights and interests may all be in conflict. Different pupils and students may have different belief systems, as may the parents so the question becomes how to safeguard the rights of all equally. In addition, rights of parents and their children may be in conflict, which may be further complicated by the fact that children cannot coherently express their views in view of their age. Finally, the state may have different interests – from promoting tolerance and pluralism, gender equality to secularism and/or neutrality, national identity and security and these interests/values might be in conflict. In this article, I shall analyse the Court’s jurisprudence on religious symbols in educational institutions, namely cases concerning wearing of Islamic headscarf in Turkey, France and Switzerland and a case concerning presence of the crucifix in the schools in Italy. After briefly summarising the cases concerning ‘Islamic headscarf’, I shall focus in particular on the Court’s interpretation of the principles of neutrality/secularism and of gender equality which the relevant governments claimed were served by prohibitions of wearing the Islamic headscarf imposed on different groups of people in different context. I shall criticise the Court’s deference to the state and its understanding of the principles as too simplistic and paternalistic. I shall then proceed to analysing the case concerning the crucifix, criticising again the Court’s approach of deferring to the state’s understanding of the symbol, its impact and compatibility with the requirements of the principles of neutrality and pluralism in education. In conclusion, acknowledging that it is not the Court’s role to a particular form of relationship between the state and the church, I shall argue that it should still supervise how states respect rights of a concrete individual, since religious liberty is not guaranteed to promote certain creeds or to reap the positive consequences of religion as such for society or the state, but because of the concern for the concrete individuals who (do not) believe and the categorical respect for their personalities. The concern for individual would require the state to respect the following requirements: be autonomous from the religion and vice versa, respect individual religious and plurality. If such an approach had been applied, the applicants might have been successful. | []
|
|
https://openalex.org/W2978845781 | ILO Standards in the European Court of Human Rights: <em>Ognevenko V Russia</em> | [
{
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"display_name": "Novitz",
"id": "https://openalex.org/A5090605789"
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{
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"id": "https://openalex.org/C2780608745"
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{
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"id": "https://openalex.org/C2776301878"
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{
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"id": "https://openalex.org/C199539241"
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{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
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{
"display_name": "Legitimacy",
"id": "https://openalex.org/C46295352"
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{
"display_name": "Fundamental rights",
"id": "https://openalex.org/C95691615"
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{
"display_name": "European union",
"id": "https://openalex.org/C2910001868"
},
{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
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{
"display_name": "Constitutional court",
"id": "https://openalex.org/C2778645526"
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{
"display_name": "Labour law",
"id": "https://openalex.org/C10144844"
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{
"display_name": "International law",
"id": "https://openalex.org/C55447825"
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{
"display_name": "Sociology",
"id": "https://openalex.org/C144024400"
},
{
"display_name": "Law and economics",
"id": "https://openalex.org/C190253527"
},
{
"display_name": "Constitution",
"id": "https://openalex.org/C2776154427"
},
{
"display_name": "Economics",
"id": "https://openalex.org/C162324750"
},
{
"display_name": "International trade",
"id": "https://openalex.org/C155202549"
},
{
"display_name": "Politics",
"id": "https://openalex.org/C94625758"
}
]
| [
"Turkey"
]
| []
| https://api.openalex.org/works?filter=cites:W2978845781 | 12 | International Union Rights | 26/2 FOCUS | THE ILO AT 100 On the centenary celebrations of the International Labour Organisation (ILO), it is timely to address the influence of this venerable institution, not only as regards the labour standards protected under national law, but also on regional organisations. The latter is important, given the significance of regional human rights instruments and their role as a measuring stick for the legitimacy of domestic employment law and its practical application. At one point, Virginia Mantouvalou was able to point towards (and celebrate) an ‘integrated approach’, whereby ILO standards were accepted and applied by the European Court of Human Rights (ECtHR)1, particularly in cases relating to slavery, servitude, forced or compulsory labour under Article 4 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (as amended), which is more colloquially known as the European Convention on Human Rights (or ECHR). The ECtHR has however been highly selective in its integration of labour standards relating to freedom of association under Article 11 of the ECHR2. In this respect, the judgment of the Court on 20 November 2018 in Application No. 44873/09 Ognevenko v Russia is notable for its ready adoption and application of ILO standards relating to the right to strike, which led to a finding of a breach of Article 11. Freedom of association is, of course, deeply embedded as a constitutional principle within the ILO, being integral to its tripartite structure. Reliance on collective worker and employer organisations for the operation of the ILO was recognised in both the original Treaty of Versailles in 1919 and the Declaration of Philadelphia in 1944, as well as the subsequent Declarations of 1998, 2008 and 2019. ILO supervisory bodies such as the Governing Body Committee on Freedom of Association (CFA) and the Committee of Experts on the Application of Conventions and Recommendations (CEACR) have asserted that freedom of association also entails a right to strike. Nevertheless, this connection has been challenged by the employers’ group at the ILO, culminating in the infamous ‘walkout’ from the ILO Conference Committee on the Application of Standards in 2012 when it was alleged that the CEACR exceeded their competence in continuing decades of jurisprudence stating that a right to strike is implicit in ILO Convention No. 87 on Freedom of Association and the Protection of the Right to Organise3. At the time, the employers’ group stated that their actions should be construed as a challenge to the influence of ILO standards regarding the right to strike in human rights litigation4. Before the Canadian Supreme Court with respect to the Canadian Charter of Rights and Freedoms and in the collective complaints procedure before the European Committee of Social Rights (ECSR) under the European Social Charter, the International Organisation of Employers cited the 2012 employers’ rebellion as a reason to disapply previously established ILO jurisprudence, although ultimately those arguments were unsuccessful5. The ECtHR had to consider comparable submissions (made this time by the UK Government) in Application no 31045/10 National Union of Rail, Maritime and Transport Workers (RMT) v UK, to which the Court responded by stating that recent events at the ILO did not undermine that institution’s standards relating to the right to strike, but in the instant case refused their application (and those established under the European Social Charter) relating to secondary action6. Up until the RMT judgment in 2014, other Chamber judgments had demonstrated an appreciation that a right to strike (and the rights of individual strikers) could be protected under Article 11, notably in various cases against Turkey. While one judgment delivered in favour of the Ukraine appeared anomalous, commentators were able to identify a trend towards recognition of ILO standards7. In 2015, an apparent truce acknowledging the significance of the right to strike was engineered between employer and worker representatives, which was endorsed by governments and the International Labour Office. However, it remained unclear whether the previous deference to ILO jurisprudence on the right to strike would be restored. For example, the judgment of the ECtHR in Application no 2451/16, Association of Academics v Iceland made no mention of ILO standards when upholding the conduct of... | [
{
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"id": "https://openalex.org/S4210167531",
"type": "journal"
}
]
|
|
https://openalex.org/W4379617603 | ILO Standards in the European Court of Human Rights: Ognevenko V Russia | [
{
"affiliations": [],
"display_name": "Tonia Novitz",
"id": "https://openalex.org/A5004041591"
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| [
{
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"id": "https://openalex.org/C169437150"
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{
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"id": "https://openalex.org/C2780608745"
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{
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"id": "https://openalex.org/C2776301878"
},
{
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"id": "https://openalex.org/C199539241"
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{
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"id": "https://openalex.org/C17744445"
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{
"display_name": "Legitimacy",
"id": "https://openalex.org/C46295352"
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{
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"id": "https://openalex.org/C86615163"
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{
"display_name": "Fundamental rights",
"id": "https://openalex.org/C95691615"
},
{
"display_name": "European union",
"id": "https://openalex.org/C2910001868"
},
{
"display_name": "Labour law",
"id": "https://openalex.org/C10144844"
},
{
"display_name": "International law",
"id": "https://openalex.org/C55447825"
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{
"display_name": "Constitutional court",
"id": "https://openalex.org/C2778645526"
},
{
"display_name": "Margin of appreciation",
"id": "https://openalex.org/C2776931949"
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{
"display_name": "Sociology",
"id": "https://openalex.org/C144024400"
},
{
"display_name": "Law and economics",
"id": "https://openalex.org/C190253527"
},
{
"display_name": "Constitution",
"id": "https://openalex.org/C2776154427"
},
{
"display_name": "Economics",
"id": "https://openalex.org/C162324750"
},
{
"display_name": "Politics",
"id": "https://openalex.org/C94625758"
},
{
"display_name": "International trade",
"id": "https://openalex.org/C155202549"
}
]
| [
"Turkey"
]
| []
| https://api.openalex.org/works?filter=cites:W4379617603 | 12 | International Union Rights | 26/2 FOCUS | THE ILO AT 100 On the centenary celebrations of the International Labour Organisation (ILO), it is timely to address the influence of this venerable institution, not only as regards the labour standards protected under national law, but also on regional organisations. The latter is important, given the significance of regional human rights instruments and their role as a measuring stick for the legitimacy of domestic employment law and its practical application. At one point, Virginia Mantouvalou was able to point towards (and celebrate) an ‘integrated approach’, whereby ILO standards were accepted and applied by the European Court of Human Rights (ECtHR)1, particularly in cases relating to slavery, servitude, forced or compulsory labour under Article 4 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (as amended), which is more colloquially known as the European Convention on Human Rights (or ECHR). The ECtHR has however been highly selective in its integration of labour standards relating to freedom of association under Article 11 of the ECHR2. In this respect, the judgment of the Court on 20 November 2018 in Application No. 44873/09 Ognevenko v Russia is notable for its ready adoption and application of ILO standards relating to the right to strike, which led to a finding of a breach of Article 11. Freedom of association is, of course, deeply embedded as a constitutional principle within the ILO, being integral to its tripartite structure. Reliance on collective worker and employer organisations for the operation of the ILO was recognised in both the original Treaty of Versailles in 1919 and the Declaration of Philadelphia in 1944, as well as the subsequent Declarations of 1998, 2008 and 2019. ILO supervisory bodies such as the Governing Body Committee on Freedom of Association (CFA) and the Committee of Experts on the Application of Conventions and Recommendations (CEACR) have asserted that freedom of association also entails a right to strike. Nevertheless, this connection has been challenged by the employers’ group at the ILO, culminating in the infamous ‘walkout’ from the ILO Conference Committee on the Application of Standards in 2012 when it was alleged that the CEACR exceeded their competence in continuing decades of jurisprudence stating that a right to strike is implicit in ILO Convention No. 87 on Freedom of Association and the Protection of the Right to Organise3. At the time, the employers’ group stated that their actions should be construed as a challenge to the influence of ILO standards regarding the right to strike in human rights litigation4. Before the Canadian Supreme Court with respect to the Canadian Charter of Rights and Freedoms and in the collective complaints procedure before the European Committee of Social Rights (ECSR) under the European Social Charter, the International Organisation of Employers cited the 2012 employers’ rebellion as a reason to disapply previously established ILO jurisprudence, although ultimately those arguments were unsuccessful5. The ECtHR had to consider comparable submissions (made this time by the UK Government) in Application no 31045/10 National Union of Rail, Maritime and Transport Workers (RMT) v UK, to which the Court responded by stating that recent events at the ILO did not undermine that institution’s standards relating to the right to strike, but in the instant case refused their application (and those established under the European Social Charter) relating to secondary action6. Up until the RMT judgment in 2014, other Chamber judgments had demonstrated an appreciation that a right to strike (and the rights of individual strikers) could be protected under Article 11, notably in various cases against Turkey. While one judgment delivered in favour of the Ukraine appeared anomalous, commentators were able to identify a trend towards recognition of ILO standards7. In 2015, an apparent truce acknowledging the significance of the right to strike was engineered between employer and worker representatives, which was endorsed by governments and the International Labour Office. However, it remained unclear whether the previous deference to ILO jurisprudence on the right to strike would be restored. For example, the judgment of the ECtHR in Application no 2451/16, Association of Academics v Iceland made no mention of ILO standards when upholding the conduct of... | [
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https://openalex.org/W838024228 | Abolition of Death Penalty with Special Referance to PAkistan | [
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"Djibouti"
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| https://api.openalex.org/works?filter=cites:W838024228 | Death penalty has been used since time immemorial with an aspect of harsh punishment for taking others life or committing serious crimes. It had a retributive as well as deterrent element for protecting lives and property of others and securing peace of the society. In the contemporary human rights regime efforts are afoot at international level to completely abolish the death penalty with an aim to protect and respect human rights and dignity of individuals.After massive killings and disasters of 2nd World War with the growing concern of Human Rights victorious allied forces established United Nations. Fifty one states adopted its charter as initial members. Subsequently United Nations Declaration on Human Rights (UDHR) 1948, International Covenant on Civil and Political Right (ICCPR) 1966, International Covenant on Economic Social and Cultural Rights (ICESCR) 1966 came forward to preserve and protect human rights from multiple focuses. Various provisions of these basic documents in combination with subsequent documents prohibited any treatment or punishment which was torturous, degrading or inhuman. Article 6 of ICCPR advocated the inherent right to life and required state parties to abolish death penalty as capital punishment and limit it to only serious crimes. The second Optional Protocol of ICCPR, was adopted in 1989 by UN, which aimed at complete abolition of death penalty with the only possible exception to war crimes.Death penalty exercised in major parts of the world as capital punishment was then started to be considered against the dignity, respect and honor of human beings and in violation of fundamental human rights. This discourse leads to on going debate on the issue of death penalty as a capital punishment. States propagating the abolition of death penalty are called abolitionists where as those which are in favor of retaining the death penalty in their domestic legislation systems, are called retentionists. These countries are further divided into: retentionists for all crimes, and retentionists for major crimes. UN based organs and international specialized agencies are propagating the signing and ratification for 2nd Optional protocol to ICCPR, as well as monitoring its implementation Presently 72 countries are stat party to this protocol, where as 35 states are signatory to it subject to ratification. It is said that more than two third of the countries in the world have now abolished the death penalty in law or practice. United States of America has not signed the document yet; though its 15 states have abolished Death Penalty where as 35 still retain it. European Union has completely abolished Death Penalty in its member countries. Islamic countries in general except Djibouti, Azerbaijan, Turkey, Bosnia-Herzegovina, Uzbekistan, And Turkmenistan have not signed the 2nd optional protocol to ICCPR 1989.In consequent with International debate and efforts for the abolition of death penalty the issue is raised and discussed in Pakistan also, depicting both external and internal pressures. In Pakistan’s legislative system death penalty is enforced in around 27 crimes of various nature embodied in Constitution of Pakistan, High Treason Act, Pakistan Criminal Code (PPC), Army Act of Pakistan, Offence of Zina (Enforcement of Huddod), Pakistan Arms Ordinance, Railways (Amendment) Act, Control of Narcotics Substances Act, Anti Terrorism Act and prevention of Electronic Crimes Ordinance.The present study aims to comprehend the contemporary debate regarding Death Penalty at global level and its constituent effect on conditions in Pakistan. Importance of retaining death Penalty or its limitation to serious crimes, obligatory by Islamic Law or necessary for ensuring a just society are explored by: providing historical references; Islamic provisions of crimes and their punishments; and by collecting expert opinion of legal fraternity, both teaching and practicing. A questionnaire has been formulated focusing the issue, to solicit the expert opinion of lawyers, Judges and Islamic Scholars, which will be included in the research paper. | []
|
|
https://openalex.org/W577902147 | The realisation of human rights : when theory meets practice : studies in honour of Leo Zwaak | [
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"display_name": "Realisation",
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{
"display_name": "Physics",
"id": "https://openalex.org/C121332964"
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"display_name": "Quantum mechanics",
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| []
| https://api.openalex.org/works?filter=cites:W577902147 | Foreword/Voorwoord by Johan Vande Lanotte Introduction by the Editors PART I. INTERNATIONAL HUMAN RIGHTS LAW IN GENERAL The International Law of Human Rights Two Decades After the Second World Conference on Human Rights in Vienna in 1993 Antonio Augusto Cancado Trindade Article 1 UDHR: From Credo to Realisation Bas de Gaay Fortman Some Reflections on Balancing Conflicting Human Rights Pieter van Dijk Initial Assessment of the United Nations Declaration on Human Rights Education and Training GudmundurAlfredsson . PART II. EUROPEAN HUMAN RIGHTS LAW The Role of Dialogue in the Relationship Between the European Court of Human Rights and National Courts MichaelO'Boyle Significantly Insignificant? The Life in the Margins of the Admissibility Criterion in Article 35(3)(b) European Convention on Human Rights AntoineBuyse The Stubbornness of the European Court of Human Rights' Margin of Appreciation Doctrine Fried van Hoof Are Judges of the European Court of Human Rights so Qualified that they are in No Need of Initial and In-Service Training? A 'Straatsburgse Myj/mering' (Myjer's Musings from Strasbourg) for Leo Zwaak Egbert Myjer PART III.INTER-AMERICAN AND AFRICAN HUMAN RIGHTS LAW A Barren Effort? The Jurisprudence of the Inter-American Court of Human Rights on Jus Cogens Diana Contreras-Garduno and Ignacio Alvarez-Rio Strengthening or Straining the Inter-American System on Human Rights ClaudiaMartin and DiegoRodriguez-Pinzon Preventing Human Rights Violations: Recommendations for Enhancing the Effectiveness of Interim Measures Before the Inter-American and African Human Rights Commissions Clara Burbano-Herrera, FransViljoen and Yves Haeck The Recent Practice of the Inter-American Defence Attorney Figure During the Proceedings Before the Inter-American Court of Human R ights YuriaSaavedra-Alvarez From the Non-Discrimination Clause to the Concept of Vulnerability in International Human Rights Law: Advancing on the Need for Special Protection of Certain Groups and Individuals Romina I. Sijniensky The Debt of the Peruvian State Towards the Inter-American System of Human Rights Ernestode la Jara Basombrio PART IV. INTERNATIONAL HUMAN RIGHTS LAW, INTERNATIONAL CRIMINAL LAW AND INTERNATIONAL HUMANITARIAN LAW The Right to Truth in International Criminal Proceedings: An Indeterminate Concept from Human Rights Law BrianneMcGonigle Leyh Disputes over Exemplary Justice: Kenyans Before the International Crimina l Court EdwinBikundo Some Thoughts on the Relationship Between International Humanitarian Law and International Human Rights Law: A Plea for Mutual Respect and a Common Sense Approach Terry D. Gill A Battle over Elasticity - Interpreting the Concept of 'Concrete and Direct Military Advantage Anticipated' under International Humanitarian Law YutakaArai-Takahashi PART V. INTERNATIONAL HUMAN RIGHTS LAW, EXTRAORDINARY RENDITION AND FORCED DISAPPEARANCES Extraordinary Rendition and the Security Paradigm John A.E. Vervaele Enforced Disappearance as Continuing Crimes and Continuing Human Rights Violations Jeremy Sarkin Why is Establishing a Systematic Practice in the Adjudication of Enforced Disappearance Conducive to Providing Protection against this Crime? Marthe Lot Vermeulen PART VI.INTERNATIONAL AND NATIONAL PROTECTION OF HUMAN RIGHTS Partnership between National Human Rights Institutions and Human Rights Treaty Bodies in the Implementation of Concluding Observations Ineke Boerefijn Strategic Litigation by Equality Bodies and National Human Rights Institutes to Promote Equality Jenny E. Goldschmidt The International Responsibility of the State for the Conduct of Indigenous Legal Systems: the Case of Ecuador Oswaldo R. Ruiz-Chiriboga Unconstitutionality of the Denunciation of the American Convention on Human Rights by Venezuela CarlosAyala Corao Independence of the Judiciary in Turkey: Institutional Reforms after 1999 Birsen Erdogan Contributing Authors | []
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|
https://openalex.org/W264954707 | Religious Symbols in the Classroom: A Controversial Issue in the United Kingdom* | [
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"display_name": "Javier García Oliva",
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| [
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"id": "https://openalex.org/C95691615"
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{
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"id": "https://openalex.org/C144024400"
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{
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"id": "https://openalex.org/C22299250"
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{
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"id": "https://openalex.org/C17744445"
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{
"display_name": "History",
"id": "https://openalex.org/C95457728"
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{
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"id": "https://openalex.org/C166957645"
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| [
"Turkey"
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| []
| https://api.openalex.org/works?filter=cites:W264954707 | I. INTRODUCTION In the last two decades, the United Kingdom has witnessed an evolution from general religious tolerance, although extremely high, to an explicit acknowledgment of religious freedom as a basic right. This has taken place as a result of the enactment of the Human Rights Act 1998, which came into effect in 2000.l Despite such an unambiguous recognition of religious freedom, courts have had difficulty in deciding exactiy how to enforce this right. In this context, the question of what religious symbols can be worn in the classroom is relevant and has become highly controversial. While the right to wear religious symbols is arguably a manifestation of fundamental religious freedom, Article 9 jurisprudence of the European Court of Human Rights has put significant restrictions on this freedom, and the Human Rights Act 1998 strongly encourages British courts to take into account this jurisprudence. Part II of this paper provides a brief history of the United Kingdom's developments in religious freedom from the sixteenth century until the Human Rights Act 1998. This section includes a discussion of Article 9 of the European Convention on Human Rights, the role of the European Court of Human Rights, and how Article 9 has been interpreted in the European Court, as illustrated by Sahin v. Turkey.2 This section then discusses the reactions of British courts in response to the Human Rights Act 1998. Part III is a case study that illustrates how, in the post- Human Rights Act 1998 environment, British courts have treated the wearing of religious symbols in public places, such as schools. This section analyzes the case of R. (on the application of Begum) v. Denbigh High School Governors and suggests what the outcome means for future religious-symbol cases. Part IV concludes that while the restrictions on religious symbols in the classroom constitute an infraction on a fundamental religious freedom, this result is the application of the limits recognized by Article 9.2 of the European Convention on Human Rights. II. A SURVEY OF RELIGIOUS FREEDOM IN THE U.K. A. British Legislation Before the Human Rights Act 1998 Historically, after the breaking apart of the Roman Catholic Church and the establishment of the Church of England, the sixteenth-century English Parliament enacted legislation that was, broadly speaking, antagonistic toward individuals who opposed the Anglican faith. On many occasions, the conflicts between partisans of the new national Church and body those who continued professing Catholicism and non-conformists who embraced theological schisms of Anglicanism were extremely complicated and difficult - if not impossible - to overcome.3 Over time, English authorities assumed a certain degree of tolerance toward minority denominations and created statutes which are still in place today. One step toward tolerance was the Act of Toleration 1689. At this time in British history, the country worried that King James IPs conversion to Roman Catholicism, his marriage to a Cadiolic, and the birth of his son in 1688 would result in the succession of the English crown to a Roman Catholic.4 In what is known as the Glorious Revolution, the English opposition brought in Mary, James' oldest daughter from his first wife, to claim the throne along with Mary's husband, William of Orange, a Protestant leader.5 One of the conditions to the rule of Mary and William was the adoption of the Act of Toleration 1689, which extended legal recognition and, hence, official tolerance, to nonAnglican Protestants (Presbyterians, Congregationalists, Quakers, and Baptists), while leaving in place the establishment of the Church of England.6 Roman Catholics were not protected by the act because they were viewed as not only antithetical to Anglican doctrine, but as a political threat.7 Almost two hundred years later, the Catholic Relief Act 1829 illustrated an increased tolerance toward religious minorities, allowing Catholics to serve in Parliament. … | [
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|
https://openalex.org/W2253901434 | Nationalism and Human Rights: In Theory and Practice in the Middle East, Central Europe, and the Asia-Pacific ed. by Grace Cheng | [
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| [
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"id": "https://openalex.org/C3651065"
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"id": "https://openalex.org/C22299250"
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{
"display_name": "Politics",
"id": "https://openalex.org/C94625758"
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| [
"Turkey",
"Israel"
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| [
"https://openalex.org/W648669061"
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| https://api.openalex.org/works?filter=cites:W2253901434 | Reviewed by: Nationalism and Human Rights: In Theory and Practice in the Middle East, Central Europe, and the Asia-Pacific ed. by Grace Cheng Kai Chen (bio) Nationalism and Human Rights: In Theory and Practice in the Middle East, Central Europe, and the Asia-Pacific ( Palgrave Macmillan , Grace Cheng ed., 2012 ), 193 pages, ISBN 978-0-230-33856-2 . Historically, each stakeholder may have its own legitimate concerns about human rights and nationalism, even if it denies the concerns of others. As a result, there is a gap between academic research and policy practice on human rights and nationalism. Nationalism and Human Rights seeks to fill this gap to some extent, expands the comprehension of the tensions between human rights and nationalism, and makes new arguments for future research. Based on empirical and normative case studies in Asia-Pacific, Central Europe and the Middle East, this edited volume of essays criticizes the cosmopolitan arguments of human rights and nationalism, explores the multifaceted tensions and interconnections between the two essential ideologies, and analyzes the extent to which human rights could be instrumentalized by the stakeholders that have different concerns on human rights and nationalism. This edited volume features nine chapters. In Chapter 1, Grace Cheng reviews the literature of nexus between human rights and nationalism and describes the contributions of the chapters. In Chapters 2 through 3, the contributors criticize the cosmopolitan mindset that a multiculturalism policy could promote community rather than cultural separatism, and highlights the tensions between specific groups (e.g., national parties) and states. Chapter 2, written by Beyza Ç. Tekin, examines the policy debates of the minority rights laws in Turkey, which securitize minority rights to a large extent. Chapter 3 by Troy Whitford focuses on immigration policies in Australia and analyzes how a white Australian nationalist organization called “National Action” stood firmly against the state’s multiculturalism immigration policy. In the following chapter, written from a feminist perspective, Lilian Abou-Tabickh reviews Palestinian women’s human rights in Israel, whose migration upon marriage is not recognized by academia and policy makers. At the same time, their human rights are restricted by the state’s discriminatory policies. Chapter 5 by Omar Dahbour criticizes how the conflicting ideas of rights claims (i.e., national self-determination and minority self-determination), and demonstrates fragments of power or cultural differences could probably intensify disputes and conflicts. In Chapter 6, Filiz Kartal suggests that cosmopolitan citizenship is problematic, which heavily relies on the cosmopolitan commitment of humanitarian interventions. In Kartal’s opinion this “undermines all of the promises of modern liberal citizenship.”1 Moreover, cosmopolitan citizenship ignores the fact that many countries are not willing to conduct humanitarian interventions. In Chapter 7, Cheng stresses the tensions between human rights and sovereignty, and points out that human rights should be protected in a transnational context. Mitch Avila, in Chapter 8 of this volume, considers that the current international human rights regime could hardly establish a proper order around the world. In Avila’s opinion, “a society of peoples would be just, not a collection of nation-states.”2 In other words, the people possess a “moral character” that could make global justice possible, which means “a people’s moral [End Page 685] character consists in the kinds of reasons that inform and influence its collective decision-making institutions.”3 This volume ends with Chapter 9 by Füsun Türkmen who makes critical remarks on the tensions between human rights and nationalism and argues that they still seem far apart, especially because nationalism “is by definition based upon a discriminatory approach to identity and . . . stands in opposition to human rights.”4 In my view, one of the most impressive chapters in this volume is Chapter 3, “All in the Name of Human Rights: A Historical Case Study on Australian Nationalism and Multiculturalism, 1980–1990.” In this chapter, Whitford’s arguments not only reveal the tensions between human rights and nationalism, but also give a profound analysis of the rationale beneath these tensions. First, “all parties exhibited an intolerance of the other side, even though they all claimed to be acting in the name of human rights.”5 This appears to be a key... | [
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https://openalex.org/W1977025079 | Obituary of Christopher Kevin Boyle | [
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"id": "https://openalex.org/C17744445"
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{
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"id": "https://openalex.org/C144024400"
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| [
"Turkey"
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| []
| https://api.openalex.org/works?filter=cites:W1977025079 | Obituary of Christopher Kevin Boyle* Nigel Rodley (bio) Kevin Boyle, who has died of cancer aged 67, was an internationally respected human rights lawyer, activist and academic. He had recently become emeritus professor of law at the University of Essex after more than two decades there as one of its leading scholars. From 1990 to 2003 and again in 2006-07, Kevin was director of the university's Human Rights Centre, developing it into a multidisciplinary powerhouse. At the same time, as a practising barrister (he was called to the bars of Northern Ireland, the Irish Republic and England and Wales, and from 1992 was associated with Doughty Street Chambers in London), Kevin brought many human rights cases before the European commission and court of human rights. The numerous cases against Turkey that he and his Essex colleague Françoise Hampson took on behalf of the Kurdish Human Rights Project concerned the gravest violations: torture, murder and enforced disappearances. In recognition of this work, the two colleagues were named lawyers of the year in 1998, an award made by Liberty and the Law Society Gazette to mark the 50th anniversary of the UN declaration of human rights. Such successful prosecutions became the raw material for scholars and practitioners to trace a fast-evolving field of international human rights law. They also laid a strong foundation of precedent which helped the European court of human rights to address similar atrocities perpetrated by Russian forces in Chechnya. Kevin took a year away from teaching when, in 2001, the then UN high commissioner for human rights, Mary Robinson, the former president of [End Page 586] Ireland, asked him to join her in Geneva as her senior adviser and speech-writer. His first day in office was 11 September 2001, when, after consulting colleagues around the world, he advised Robinson to denounce the attacks on the World Trade Centre as a crime against humanity, rather than simply a violation of human rights. After his return to Essex, Kevin became chair of Minority Rights Group International, an office he reluctantly had to give up when his health declined. Kevin was born in Newry, County Down, one of nine children of a Northern Irish Catholic taxi driver, Louis Boyle, and his wife Elizabeth. His upbringing was traditional, strict Catholic: he was educated by the Christian Brothers and served as an altar boy, but when in 1961 he went to study law at Queen's University Belfast, the sectarian outlook gave place to broader humanitarianism. After graduation in 1965 and a diploma in criminology from Cambridge in 1966, Kevin became a lecturer at Queen's and by 1968 was active in the Northern Ireland civil rights movement. He was a spokesman for the People's Democracy group, formed by students protesting at the repression of civil rights' demonstrations, and later centred his activities on the Northern Ireland Civil Rights Association, of which he became an executive board member. Together with his colleague and friend Professor Tom Hadden, Kevin spent his time during the Troubles exploring avenues for the peaceful resolution of the conflict, presenting some of their ideas in their book, co-authored with Paddy Hillyard, Law and State: The Case of Northern Ireland (1975). In 1972 Kevin went to Yale University for a year of intellectual renewal, returning first to Queen's and then in 1978 becoming the first full-time staff member of the law school of University College Galway (now the National University of Ireland, Galway). In 1976 he had married Joan Smyth, a language teacher, and both came to regard their years in Galway, raising their two sons, as a magical time. There, Kevin founded the Irish Centre for Human Rights in 1980, bringing in new full-time staff and enticing his many friends in the field to visit Galway and share their experience with the students. He also became active in international human rights work, going on several missions for Amnesty International, including a trial observation in the Gambia and a major two-year study of South Africa's pass laws. In this context, observation was sometimes complemented by practical humanitarianism: shocked by the oppressive system and its impact on poor migrant... | [
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https://openalex.org/W3036350611 | Shared Responsibility and Human Rights Abuse: The 2022 World Cup in Qatar | [
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| https://api.openalex.org/works?filter=cites:W3036350611 | Since 2010, recurrent human rights violations of migrants working on building new or refurbishing existing infrastructure for the 2022 FIFA World Cup in Qatar have been denounced. This paper focuses on three of the main actors involved in those violations—Qatar, FIFA and Switzerland—in order to determine how shared responsibility could be a useful framework to ensure protection of and reparation to the victims. The article also raises serious questions about the application of shared responsibility and the effective enforcement of human rights when non-state actors are involved. | [
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https://openalex.org/W2565378681 | Implementing the International Convention on the Rights of Persons with Disabilities in Qatar: From charity to human rights | [
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| https://api.openalex.org/works?filter=cites:W2565378681 | A historically marginalized and overlooked segment of the general population worldwide, persons with disabilities have long struggled with discrimination, inequality and even maltreatment. They have often been treated as societal outcasts and their disabilities treated as medical conditions that need to be “fixed” in order for the individual to join the rest of society. Throughout the last three decades, this approach has been steadily changing towards an inclusive model whereas persons with disabilities are recognized as a protected group of citizens who are due the same complete human rights as the general population. This change has become particularly evident with the United Nation's approval of the International Convention on the Rights of Persons with Disabilities (CRPD) in 2006. However, the strides made by the approval of the CRPD are merely philosophical unless the rights recognized by the Convention can be defended by a court of law. This is where the importance of the ratification of the CRPD by member and observer states comes into focus. By ratifying the treaty in 2008, Qatar committed itself to a number of social and legal obligations. However, implementation of the CRPD in Qatar is dependent on a number of factors including political willingness, the abilities of the CRPD's United Nations Follow-Up Committee, and the capacity to raise awareness among the public in Qatar. This paper looks into the traditional approaches taken towards persons with disabilities, the impact of the CRPD and the challenges faced by Qatar as it looks to implement the CRPD. | [
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https://openalex.org/W2773686337 | Implementing the international convention on the rights of persons with disabilities in Qatar: from charity to human rights | [
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| https://api.openalex.org/works?filter=cites:W2773686337 | A historically marginalized and overlooked segment of the general population worldwide, persons with disabilities have long struggled with discrimination, inequality and even maltreatment. They have often been treated as societal outcasts and their disabilities treated as medical conditions that need to be “fixed” in order for the individual to join the rest of society. Throughout the last three decades, this approach has been steadily changing towards an inclusive model whereas persons with disabilities are recognized as a protected group of citizens who are due the same complete human rights as the general population. This change has become particularly evident with the United Nation’s approval of the International Convention on the Rights of Persons with Disabilities (CRPD) in 2006. However, the strides made by the approval of the CRPD are merely philosophical unless the rights recognized by the Convention can be defended by a court of law. This is where the importance of the ratification of the CRPD by member and observer states comes into focus. By ratifying the treaty in 2008, Qatar committed itself to a number of social and legal obligations. However, implementation of the CRPD in Qatar is dependent on a number of factors including political willingness, the abilities of the CRPD’s United Nations Follow-Up Committee, and the capacity to raise awareness among the public in Qatar. This paper looks into the traditional approaches taken towards persons with disabilities, the impact of the CRPD and the challenges faced by Qatar as it looks to implement the CRPD. | [
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https://openalex.org/W3166639233 | Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. U.A.E.) (I.C.J.) | [
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| https://api.openalex.org/works?filter=cites:W3166639233 | On February 4, 2021, the International Court of Justice (ICJ) delivered its judgment on the preliminary objections raised by the United Arab Emirates (UAE) in Application of the International Convention on the Elimination of All Forms of Racial Discrimination ( Qatar v. United Arab Emirates ). It upheld by eleven votes to six the first preliminary objection raised by the UAE and found that it has no jurisdiction to entertain the application filed by Qatar. The case was referred to the Court under Article 22 of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), and relates to measures taken on June 5, 2017 by the UAE, along with Saudi Arabia, Bahrain, and Egypt, to cut diplomatic ties with Qatar and impose a blockade, including expelling all Qatari residents and visitors. | [
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https://openalex.org/W2987602467 | Unsuccessfully State in Resolving Human Rights Violations | []
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| https://api.openalex.org/works?filter=cites:W2987602467 | Each state has the right to control the entry of foreigners into their territories, as part of implementing its sovereignty. However, in carrying out these national policies, the State must not neglect its international obligations. Including the obligations toward treaties that have been ratified as well as obligations to international human rights. This study aims to analyze the failure of the state in addressing human rights violations against Qatar nationals by the United Arab Emirates caused by the implementation of the blockade and diplomatic termination. This research uses normative research type. The results of this study indicate that the measures and policies which are enforced by the United Arab Emirates towards Qatar after the blockade and diplomatic termination have had a significant impact on fulfilling human rights for Qatar citizens and citizens of the United Arab Emirates. The occurrence of separation of a family as a violation of the right to life and children's rights is interpreted as an inability or inability and/or unwillingness of the state in carrying out its duties, namely to respect, to fulfill, and to protect human rights. Keywords : human rights, resolving, unsuccessfully state, violations. DOI : 10.7176/IAGS/76-06 Publication date :September 30 th 2019 | [
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https://openalex.org/W2794527459 | Social Economic and Cultural Rights and the Rights of Persons with Disabilities from the Convention on the Rights of Persons with Disabilities CRPD Perspective The Qatar Case Study | [
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| https://api.openalex.org/works?filter=cites:W2794527459 | María del Carmen Barranco Avilés, Human Rights Institute “Bartolomé de las Casas”, Universidad Carlos III de Madrid. Khalid Al Ali¶ Patricia Cuenca Gómez§ Rafael de Asís Roig§ Pablo Rodríguez del Pozo* § Instituto de Derechos Humanos Bartolomé de las Casas, Universidad Carlos III de Madrid ¶ Qatar University * Division of Medical Ethics, Department of Medicine, Weill Cornell Medicine - Qatar This publication was made possible by the NPRP award NPRP-7-380-5-051 from the Qatar National Research Fund (a member of The Qatar Foundation). The statements made herein are solely the responsibility of the authors. ABSTRACT The Convention of the Rights of Persons with Disabilities (CRPD) is a new paradigm for international law, grounded on the consideration of disability as a human rights issue and on the social model of disability. This new paradigm provides a modification of the kind of public policies used to tackle to disability issues. The CRPD also remarks the indivisibility and interdependence of human rights, putting at stake the long-standing distinction between civil and political rights (traditionally understood as negative rights) on the one hand, and economic, social, and cultural rights (traditionally understood as negative rights on the other. Starting of these general ideas on the CRPD, this paper examines what impact the Convention will have on the Qatar's legislative framework regarding some economic, social, and cultural rights: right to health, right to education, right to employment, and right to an adequate standard of living and social protection. Its intends to analyze how these domains need to be re-evaluated in light of the CRPD: where recent improvements in the rights of persons with disabilities in Qatar can enable compliance and where the greater challenges lie. In the health domain, the positive dimension of the right to health of persons with disabilities does not seem to be a problem in Qatar, the concern (which becomes clear in the case of compulsory admission) is to take into consideration the will of persons with disabilities. In relation to this question, the idea of the indivisibility and interdependence of the rights becomes clear. The main shortcoming in the implementation of the provisions of the CRPD (Article 12) on the right to health in Qatar is the lack of development of the right to equal recognition before the law, thereby securing equal guarantees for consent to health care, not just simply access to health services, for persons with disabilities. Regarding the right to education, Qatar is facing a paradigm shift from a model based on special schools, towards a more inclusive model. However, children with disabilities can still stay outside of the educational system and special education still seems to be the chosen way for persons with intellectual disabilities. A more effective model shift based on inclusive education is needed; to achieve this goal, Qatar already has professionals trained in the more recent advances in educational psychology, such as universal design for learning. It is also important to clarify the educational curriculum from the point of view of diversity, ensuring continuity for persons coming from a special system and providing persons with disabilities tools for vocational training, to achieve the highest levels of education if it is their choice. Qatar's legislation on the right to work of persons with disabilities is anchored in the medical model; for example, the Ministry of Labor and Social Affairs may stop paying the relevant pension if they reject rehabilitation. Qatari law also lacks measures aimed at adapting the workplace to persons who might need particular modifications. The regulation of disability from the specialty perspective is a technical problem, because the applicable legal requirements concerning persons with special needs remain isolated from general regulation. As a result, the system in place regarding access to work also seems not to support the inclusion of persons with disabilities, which is a main goal of the Convention. Any measure to be implemented in favor of persons with disabilities pursuant to labor rules must be tied to general labor law provisions. Qatar seems to have a good level of social protection for persons with disabilities. Nevertheless, from a legal perspective it remains unclear who are considered persons with disabilities in order to qualify for social protection. In addition, most of the services are designed from the specialty perspective. Accordingly, the field of social protection illustrates some of the general shortcomings of this approach, for instance: absence of the social model, the lack of a unified concept of a person with disabilities, absence of participation of persons with disabilities in the design of public policies on disability, or the absence of persons with disabilities in the design of his or her own life plan. According to this analysis, the paper concludes that the main challenges faced by Qatar regarding the implementation of the CRPD in these domains – as in other domains - are related to the adoption of the traditional treatment of disability based on the medical model of disability, the point of view of assistencialism, and the strategy of specialized solutions. Moreover, the shortcomings also have to do with requirements that are far beyond considering these rights specifically as social rights. Although we usually hear the claim that social rights depend upon the economy, Qatar's situation shows how even under good economic conditions these rights can still be ineffective. Usually civil and political rights are deemed to be negative rights, provided with judicial guarantees, whereas economic, social, and cultural rights are considered rights to obtain benefits, the scope of which must be debated and negotiated in the political arena and not within the legal domain. Insofar as they are rights to obtain certain benefits, social rights are expensive, so their effectiveness is subject to the existence of resources. Therefore an argument in favor of differentiating both categories of rights can be made, departing from the analysis of the situation faced by Qatar regarding the implementation of the CRPD. Indeed, persons with disabilities in Qatar face several barriers in order to enforce their social rights. This is due to the prevalence of a legal capacity regime where persons with disabilities are not granted the right to equal recognition before the law and where accessibility is not guaranteed. The long-standing distinction between categories of rights that has placed such rights in different pieces of legislation within the universal protection system does not account for the new scenario where the principle of indivisibility and interdependence has come into play. | []
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https://openalex.org/W2912623158 | Isabella Risini, The Inter-State Application under the European Convention on Human Rights: Between Collective Enforcement of Human Rights and International Dispute Settlement | [
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{
"display_name": "Linguistic rights",
"id": "https://openalex.org/C543595228"
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"id": "https://openalex.org/C2779777834"
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{
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"id": "https://openalex.org/C48103436"
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{
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"id": "https://openalex.org/C11413529"
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"id": "https://openalex.org/C41008148"
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| [
"Qatar",
"Palestine",
"State of Palestine",
"Saudi Arabia",
"United Arab Emirates",
"Israel"
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| []
| https://api.openalex.org/works?filter=cites:W2912623158 | Is the inter-state complaints procedure enjoying something of a moment? In 2018, the Committee on the Elimination of Racial Discrimination received three inter-state communications under Article 11 of the International Covenant for the Elimination of Racial Discrimination (ICERD), yet to be determined—Palestine v Israel, Qatar v Kingdom of Saudi Arabia and Qatar v United Arab Emirates. This was the first time that a United Nations (UN) human rights treaty monitoring body had received an inter-state communication. The inter-state procedure is not found in every treaty—there is no formal procedure for filing inter-state complaints under the Optional Protocols to the Convention for the Elimination of Discrimination Against Women and the Convention on the Rights of Persons with Disabilities (CRPD). The procedure is found in the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the UN Convention Against Torture (CAT), the UN Convention on the Protection of All Migrant Workers and Their Families (CMW) and the International Convention Against Discrimination in Education (CED), but it is generally optional and both states have to have recognised the competence of the treaty’s monitoring committee to receive such communications. Of the international human rights treaties, only ICERD has a ‘compulsory’ inter-state communications mechanism which applies to all states parties. In a study on the inter-state complaints procedure in a 1988 article in the Human Rights Quarterly, Scott Leckie highlights how its generally optional nature and reciprocal basis ‘has and will continue to limit its utilization’.1 This is in addition to the fact that it is often seen as a ‘hostile and quite drastic response by a state desiring to address human rights questions in another state.’2 Nevertheless the Human Rights Committee, in its General Comment 31, called on states parties to make the relevant declaration of inter-state communication competence under Article 41 of the ICCPR, reminding them ‘[t]o draw attention to possible breaches of Covenant obligations by other states parties and to call on them to comply with their Covenant obligations should, far from being regarded as an unfriendly act, be considered as a reflection of legitimate community interest.’3 | [
{
"display_name": "Human Rights Law Review",
"id": "https://openalex.org/S84944781",
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|
https://openalex.org/W3094856008 | Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. United Arab Emirates): So Far, So Good? | [
{
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| [
"Qatar",
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| []
| https://api.openalex.org/works?filter=cites:W3094856008 | Abstract International law has a long history of dealing with racial discrimination, including its involvement in the perpetration of racial discrimination. However, in establishing a body of norms to tackle the problems of racial discrimination, several multilateral instruments have been adopted under the auspices of the United Nations addressing this malaise to various extents with the most extensive being the International Convention on the Elimination of All Forms of Racial Discrimination ( CERD ) of 21 December 1965. While lauded for its singular and dedicated focus on racial discrimination, the Convention is challenged, at least interpretatively, as to the grounds for racial discrimination within its remit. Events occurring between Qatar and the United Arab Emirates on 5 June 2017 have afforded the International Court of Justice as the principal judicial organ of the United Nations, an opportunity—the third since the coming into effect of the Convention—to interpret this landmark treaty. | [
{
"display_name": "Arab Law Quarterly",
"id": "https://openalex.org/S95711876",
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https://openalex.org/W4252948923 | The Human Right to Dominate | [
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"display_name": "Nicola Perugini",
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"display_name": "Neve Gordon",
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{
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"id": "https://openalex.org/C138885662"
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"Palestine",
"Israel"
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| []
| https://api.openalex.org/works?filter=cites:W4252948923 | Abstract At the turn of the new millennium, a new phenomenon has emerged: conservatives who just decades before had rejected the expanding human rights culture began to embrace human rights in order to advance their own political goals. This book accounts for how human rights—generally conceived as a counterhegemonic instrument for righting historical injustices—are being deployed to subjugate the weak and legitimize domination. Using Israel/Palestine as its main case study, this book describes the establishment of settler NGOs that appropriate human rights to dispossess indigenous Palestinians and military think tanks that rationalize lethal violence by invoking rights discourse. It is not only nationalists and security agencies that deploy human rights in this way, however. The book outlines the increasing convergences between liberal human rights NGOs, militaries, settler organizations, and extreme right nationalists, showing how radically different political actors champion the dissemination of human rights while mirroring each other’s political strategies. Indeed, Perugini and Gordon demonstrate the multifaceted role this discourse is currently playing in the international arena: on the one hand, human rights have become the lingua franca of global moral speak, while on the other they have become a tool for enhancing domination. | []
|
|
https://openalex.org/W2029596981 | Peace Agreements and Human Rights | [
{
"affiliations": [],
"display_name": "Christine Bell",
"id": "https://openalex.org/A5031091596"
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| [
{
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{
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{
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}
]
| [
"Palestine",
"Israel"
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| []
| https://api.openalex.org/works?filter=cites:W2029596981 | 1. Introduction 2. Peace processes, Peace Agreements, and Human Rights: What are They? 3. From Conflict to Peace? South Africa and Northern Ireland 4. From Conflict to Peace: Israel/Palestine and Bosnia-Herzegovina 5. Getting to Yes? negotiating Self-Determination 6. But What was the Question? Evaluating the Deal 7. Building for the Future: Human Rights Institutions 8. Undoing the Past: Refugees, Land, and Possession 9. Dealing with the Past: Prisoners, Accountability, and 'Truth' 10. 'Back to the Future': Human Rights and Peace Agreements Appendix: A Decade of Peace Agreements References Index | []
|
|
https://openalex.org/W2005947903 | Human Rights in Israel/Palestine: The History and Politics of a Movement | [
{
"affiliations": [],
"display_name": "Lisa Hajjar",
"id": "https://openalex.org/A5065026553"
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| [
{
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{
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{
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{
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"id": "https://openalex.org/C11413529"
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{
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| [
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"West Bank",
"Gaza",
"State of Palestine",
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| [
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"https://openalex.org/W1270321100",
"https://openalex.org/W2080575407",
"https://openalex.org/W2141689501",
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"https://openalex.org/W2890675858",
"https://openalex.org/W2945543958"
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| https://api.openalex.org/works?filter=cites:W2005947903 | This article traces the development and transformation of the human rights movement in Israel/Palestine, focusing mainly on the situation in the West Bank and Gaza. The conflict is, at its core, a struggle over rights, pitting the prerogatives of the Israeli state against the national and human rights of the Palestinian population (i.e., to self-determination, legal protections, civil liberties). Since the creation of the Palestinian Authority in 1994, however, rights-violating practices have continued. | [
{
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"id": "https://openalex.org/S88529193",
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|
|
https://openalex.org/W2486656040 | From the Fight for Legal Rights to the Promotion of Human Rights | [
{
"affiliations": [],
"display_name": "Lisa Hajjar",
"id": "https://openalex.org/A5065026553"
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| [
{
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{
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"id": "https://openalex.org/C17744445"
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{
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{
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{
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{
"display_name": "Ancient history",
"id": "https://openalex.org/C195244886"
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| [
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| https://api.openalex.org/works?filter=cites:W2486656040 | Abstract This chapter focuses on the contributions of Israeli and Palestinian cause lawyers to the creation and development of a human rights movement in Israel and Palestine, with particular focus on the protection of the rights of residents in the Occupied Territories, and on the work of lawyers within the Israeli military court system. Their activities demonstrate that mobilization around the cause of human rights is not an effect of globalization but one of its manifestations. | [
{
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|
https://openalex.org/W2171005763 | Water as a Human Right: The Understanding of Water Rights in Palestine | [
{
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| [
{
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{
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{
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{
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| [
"Palestine",
"Israel"
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| [
"https://openalex.org/W2369238332",
"https://openalex.org/W2411032776"
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| https://api.openalex.org/works?filter=cites:W2171005763 | The international community has affirmed the human right to water in a number of international treaties, declarations and other documents. Most notably, in November 2002 the UN Committee on Economic, Social and Cultural Rights adopted General Comment No. 15 on the right to water, setting out general standards and obligations related to the right to water. This paper analyses if and to what extent the UN concept is acknowledged in Palestine while focusing (a) on water rights allocation between Palestine and its neighbour Israel, taking the commonly shared Mountain Aquifer as an example; and (b) the governmental obligations with regard to the human right to water which broadly are to be categorized in obligations to respect, protect and fulfil this right. The paper analyses whether the institutional setting within the Palestinian water sector is appropriate to meet the challenge of the UN concept. The main obstacles and challenges facing strategic and coordinated governmental action towards the UN concept are discussed. While outlining the most important characteristics of the Palestinian water sector, the criteria of the UN concepts are evaluated. Finally, the paper discusses the precondition for the implementation of the human right to water in Palestine. | [
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|
|
https://openalex.org/W1970388482 | Talking human rights: How social movement activists are constructed and constrained by human rights discourse | [
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| https://api.openalex.org/works?filter=cites:W1970388482 | Human rights discourse is central for the work of international social movements. Viewing human rights as a context-dependent and socially constructed discourse, this article investigates how it is used by a specific social movement – Israel-critical diaspora Jewish activists – and argues that it can simultaneously challenge and reproduce existing practices of domination. The article applies contemporary critiques of human rights to the case of Palestine, where this discourse has arguably been used to undermine Palestinians’ political subjectivity and collective struggle, and legitimise outside intervention. Nevertheless, transnational groups critical of Israel, particularly diaspora Jewish organisations, rely on a human rights frame. There are several reasons for this: it offers activists a means to achieve ‘cognitive liberation’, to speak about the issue and to frame their activities so as to attract recruits. The article investigates this paradoxical role of human rights, and recommends understanding it as a language which both constrains and enables the practice of transnational solidarity. | [
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https://openalex.org/W1994627676 | Human Rights and Palestine: The Right to Self-Determination in Legal and Historical Perspective | [
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| [
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| [
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| https://api.openalex.org/works?filter=cites:W1994627676 | The 'Question of Palestine', as it is known in the United Nations (UN), is the longest unresolved human rights problem on the world organization's agenda. It is primarily a question about the right to self-determination of the Palestinian people. This is a right that, according to well-established international law, existed in favor of the indigenous inhabitants of Palestine and continues to exist today, although its exercise has been denied in violation of international law. This contribution examines the development of this right and how it exists today. | [
{
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|
|
https://openalex.org/W2076226325 | Human rights and the rightless: the case of Gaza refugees in Jordan | [
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| [
"Palestine",
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"State of Palestine",
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| []
| https://api.openalex.org/works?filter=cites:W2076226325 | Sixty years since their displacement, millions of Palestinians continue to share the condition of a stateless people deprived of their basic human rights. Today, over four million registered refugees live beyond historic Palestine and nearly two million remain within ‘temporary’ refugee camps throughout the Middle East. This paper examines the impact of statelessness upon the human rights of Gaza refugees in Jordan. My analysis concerns the lived experience of rightlessness and the human rights discourse of Palestinian activists and the National Centre for Human Rights in Jordan. Gaza refugees have few options but to articulate their demands for human rights in terms of the right to Jordanian nationality. Their human rights work thus consists of asserting their domestic legal right to Jordanian nationality at the expense of their universal human rights. Jordan's primary human rights organization advocates on the Gazans’ behalf by translating their concerns into the international language of human rights claims. In the process, however, the centre subordinates Gazans’ universal human rights to the principle of state sovereignty. This paper suggests that protecting the universal rights of stateless people must address the limitations inherent within the logic of nationality as the practical basis of human rights. | [
{
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"id": "https://openalex.org/S139935717",
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|
|
https://openalex.org/W2065328405 | Organizing for self-determination, ethical de-Zionization and resisting apartheid | [
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"display_name": "Omar Barghouti",
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{
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{
"display_name": "Humanity",
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"Palestine",
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| https://api.openalex.org/works?filter=cites:W2065328405 | This paper argues for a secular, democratic state in historic Palestine as the most morally coherent solution to the century-old colonial conflict because it offers the best hope for reconciling the inalienable right of the indigenous Palestinians to self-determination and the acquired rights of the colonial settlers to live in peace and security, individually and collectively. Accepting colonists as equal citizens and full partners in building and developing a new shared society is the most magnanimous offer any oppressed indigenous population can present to its oppressors, but for such to be attained, settlers must shed colonial privileges and character, accept justice, unmitigated equality, and conscious integration into the region. Building a just and lasting peace anchored in international law and universal human rights, conducive to ethical coexistence requires the ethical decolonization, or de-Zionization of historic Palestine. Such a process is premised on a revitalized, democratized Palestinian civil resistance movement with a clear vision for a shared, just society and effective worldwide support for reaffirming Palestinian rights and ending Israel's violations of international law and universal rights. By emphasizing the equality of humanity as its most fundamental principle, this paper shows that the proposed secular democratic state promises to transcend national and ethnic dichotomies that now make it nearly impossible to envision reaching any just solution to the most intricate questions. | [
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"display_name": "Contemporary Arab Affairs",
"id": "https://openalex.org/S81956514",
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|
|
https://openalex.org/W2043493502 | Update: The Palestinian Independent Commission for Citizens' Rights | [
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{
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| [
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| []
| https://api.openalex.org/works?filter=cites:W2043493502 | Update: The Palestinian Independent Commission for Citizens’ Rights Fateh S. Azzam1 (bio) I. Introduction The establishment of the Palestinian Independent Commission for Citizens’ Rights (Commission) as a national human rights institution, and its experience to date, present an interesting case study of the struggle to make an idea, and an ideal, a reality under extremely difficult circumstances. The idea of the Commission is to make operative and functional a quasi-governmental effort at self-examination; to ensure that the principles and values of universally accepted minimum standards for the rule of law and respect of human rights and fundamental freedoms are incorporated into the workings of a newly emergent Palestinian self-governing authority. In order to better understand the reality of this experiment, it is important to keep the context of the Palestinian experience in mind as this will illuminate some of the human rights problems facing the work of the Commission. The Palestinian Authority (Authority) continues to operate [End Page 338] under foreign occupation; one that has yet to decide whether or not it wants to pursue a lasting peace. As a result, and by virtue of the Oslo Accords, 2 the Palestinian Authority enjoys rights and obligations that add up to far less than sovereignty, and scarcely more than mere autonomy. Moreover, having just emerged from thirty years of armed struggle and a commando/guerrilla mentality, the Authority has yet to develop the proper skills of civil governance. II. Background and Context In September 1993, the Palestine Liberation Organization (PLO) and the Israeli government signed the Oslo Accords, thus setting into motion the most dramatic political development in the Middle East since the first Arab-Israeli war of 1948. In that war, Palestine was dismembered and Israel was established, sending Palestinians into refugee camps throughout the region. During the ensuing fifty years of conflict, four major wars were fought, including the Six Day War in 1967, in which the remaining unoccupied areas of Palestine (the West Bank and Gaza) came under the current Israeli occupation. Throughout this entire period an unending war of attrition, which cost the lives of tens of thousands of people, raged as both sides engaged in a cycle of Israeli state terrorism and PLO terrorism. Thus it is no surprise that the agreements of September 1993 in Oslo represented a resurgence of hope, albeit qualified by the fact that they were not peace agreements but rather the initiation of a peace “process” intended eventually to prepare the way for a final negotiated peace settlement. As recent events show, however, the parties seem even farther from that dream than they were the first day they started. Under the Oslo Accords, the Palestinians are to exercise limited self-rule pursuant to a set of complicated and intersecting jurisdictions. It can best be described as an exercise of limited Palestinian autonomy with functional authority over a number of delineated civil, social, and economic matters, while most issues related to sovereignty and which directly affect the final status of the territories remain entirely in Israeli hands. 3 One thing to note is that the Oslo Accords left too many open issues, the interpretations of which have been and continue today to be the subjects of bitter dispute. [End Page 339] To partially implement the complex Oslo arrangement, Israeli occupation forces withdrew from most of the major Palestinian cities. The PLO and most of its officials (many of whom were later popularly elected) instituted an interim Palestinian self-government authority to run the affairs of those cities and to prepare for final status discussions, which were to take place at some later undefined date when all issues would again be renegotiated. However, the peace process has all but broken down completely after Israeli elections in 1996 brought to power an extreme right-wing government led by Benjamin Netanyahu. III. The Beginnings of the Commission At first, it seemed that the tragic period of Israeli occupation, with its ongoing and grave violations of human rights and humanitarian law, was finally coming to an end. Palestinian and international human rights activists in particular were hopeful that an opportunity was now available to reverse some of the dire consequences to human... | [
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https://openalex.org/W3156073294 | Problematizing Law, Rights, and Childhood in Israel/Palestine | [
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| [
"Palestine",
"State of Palestine",
"Israel"
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| []
| https://api.openalex.org/works?filter=cites:W3156073294 | In this book, Hedi Viterbo radically challenges our picture of law, human rights, and childhood, both in and beyond the Israel/Palestine context. He reveals how Israel, rather than disregarding international law and children's rights, has used them to hone and legitimize its violence against Palestinians. He exposes the human rights community's complicity in this situation, due to its problematic assumptions about childhood, its uncritical embrace of international law, and its recurring emulation of Israel's security discourse. He examines how, and to what effect, both the state and its critics manufacture, shape, and weaponize the categories 'child' and 'adult.' Bridging disciplinary divides, Viterbo analyzes hundreds of previously unexamined sources, many of which are not publicly available. Bold, sophisticated, and informative, Problematizing Law, Rights, and Childhood in Israel/Palestine provides unique insights into the ever-tightening relationship between law, children's rights, and state violence, at both the local and global levels. | []
|
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https://openalex.org/W2238516707 | The Palestinian path to the Convention on the Rights of the Child: Anticipation and discussion | [
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| https://api.openalex.org/works?filter=cites:W2238516707 | As Palestinian society prepares for statehood and finalizes a state constitution, the Palestinian legislation and policy-makers must ensure that Palestinian children’s rights are upheld according to the Convention on the Rights of the Child. Palestine clearly has a dedication to children’s rights and as a society is committed to advocating and supporting them. In order for children’s rights to be upheld within the Palestinian community as they are delineated in the Convention on the Rights of the Child, it is necessary for the Palestinian government to make certain that national law echoes Convention on the Rights of the Child rights. The current Palestinian Basic Law takes into account international treaties and mandates but also espouses Sharia law as one of its foundations, as Sharia law is part of the Palestinian national discourse and identity. Due to this, it is integral that Palestinian law and policy-makers juxtapose the Palestinian Basic Law and the Convention on the Rights of the Child to identify any discrepancies or inconsistencies between the two so that discussion can occur on how best to uphold children’s rights in Palestinian society. | [
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https://openalex.org/W4327740892 | Under the veil: women’s economic and marriage rights in Palestine | [
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| https://api.openalex.org/works?filter=cites:W4327740892 | Abstract This article considers the debate relating to the implementation of the CEDAW in Palestine, particularly the issues relating to underage marriage and equal inheritance. Both of these issues have caused considerable controversy and opened a wide debate in Palestine due to the patriarchal socio-culture in Palestine, where it is considered that such rights would undermine the interests of the male elite and conflict with the dominance of men over women. Accordingly, the article provides an in-depth analysis of how the interaction of religious teachings, socio-cultural systems, and patriarchal traditions shape the Arab and Palestinian view on gender equality and women’s rights in the modern day. Furthermore, the article examines the influence of religion on the patriarchal and socio-cultural system in determining the efforts that are being made to achieve equality and discusses how the Palestinian authorities, human rights activists, and liberal political parties have not been able to overcome the power of traditional religious scholars and clerics who have a much greater influence and are able to win over public opinion. Our findings reveal that more progressive interpretations of Islam are possible, which in turn allows a fuller embrace of women’s rights. The findings also highlight the role of the Palestinian Authority and feminist groups in changing the mindset of Palestinian society regarding women’s rights and equality, where gradual steps that include economic empowerment, education and public engagement with enlightened scholars must be taken to achieve this change. | [
{
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"id": "https://openalex.org/S4210206302",
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|
https://openalex.org/W1975076396 | Human rights gaps in the Palestinian criminal system: a United Nations role? | [
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{
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| https://api.openalex.org/works?filter=cites:W1975076396 | The Palestinian Authority has no obligation under human rights treaties. The authority is not required, as such, to report to the United Nations treaty-bodies. People under Palestinian jurisdiction cannot resort to these bodies for remedies. Yet the Authority should not be left treating some four-million individuals without international supervision. Such supervision could be based on the general and customary law, soft international law, and the applicable domestic law in Palestine. This article evaluates the existing substantive criminal law, as a case-in-point regarding human rights deficiencies in the areas under the jurisdiction of the Palestinians. It offers ways of potential international monitoring over the Palestinian Authority's human rights performance. It provides an analysis with a view to bringing the Palestinian criminal system in line with international law. It focuses on the role that can be played by the United Nations human rights mechanisms, including the Special Procedures and the Hig... | [
{
"display_name": "The International Journal of Human Rights",
"id": "https://openalex.org/S139935717",
"type": "journal"
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|
|
https://openalex.org/W4248752431 | Maximizing Rights: The One State Solution to the Palestinian-Israeli Conflict | [
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"display_name": "George E. Bisharat",
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{
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| https://api.openalex.org/works?filter=cites:W4248752431 | This article employs a `rights-based approach' in evaluating a `single state solution' to the Palestinian-Israeli conflict. International human rights provide a necessary normative standard for the just resolution of this long-running dispute. A single state, as compared to the two-state solution that has been broadly supported by the international community since 1947, offers superior opportunities to maximize the legitimate rights, interests, and aspirations of the greatest number of Israelis and Palestinians. Yet Israeli Jews and Palestinian Arabs each enjoy internationally recognized rights of self-determination and sovereignty. Accordingly, there is no legal means by which a one-state solution could be directly imposed on the parties to the dispute without violating the respective rights of each people. As a matter of law, then, a one-state solution could only come about through the agreement of Palestinians and Israelis and as an exercise of their respective rights to self-determination. The inability to implement a one-state solution without consent of the parties requires consideration of the means by which such an agreement might be encouraged. There is no indication that states are likely to brook the current international consensus in support of a two-state solution. Thus it is necessary to examine whether international civil society is capable of playing a facilitating role analogous to the role it played in the demise of apartheid in South Africa. A variety of scenarios can be imagined, but in any of them, ultimately, broad Israeli Jewish opposition to a single state solution will have to be overcome. This suggests that a non-violent campaign, or at least one that scrupulously avoids attack on innocent civilians, is the most promising route to achieving a one-state solution. While such a shift appears farfetched at the moment, no other solution to the conflict currently seems imminent. The moral power of a single state, based on equal rights for all residents of Israel/Palestine, has transformative power that should not be underestimated. | [
{
"display_name": "Global jurist",
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{
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|
https://openalex.org/W2053350031 | Palestinian legislation and the freedom of movement: an appraisal in light of international human rights law | [
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{
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{
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{
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"id": "https://openalex.org/C2779759067"
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{
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"id": "https://openalex.org/C190253527"
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{
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"id": "https://openalex.org/C144024400"
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{
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"id": "https://openalex.org/C151730666"
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{
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"id": "https://openalex.org/C195244886"
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{
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{
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{
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{
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"id": "https://openalex.org/C95457728"
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| [
"Palestine",
"State of Palestine",
"Israel"
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| [
"https://openalex.org/W373479744",
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"https://openalex.org/W2751670565",
"https://openalex.org/W3175338570"
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| https://api.openalex.org/works?filter=cites:W2053350031 | In a highly political context, this paper looks at the freedom of movement as a technical matter in Palestine. The objective of the paper is to support the efforts of the Palestinian legislator with regard to reforming the existing system in light of international human rights standards within the limits and the restrictions imposed by the Israeli occupation. The paper comes at the time in which the Palestinian leadership is approaching the UN for Palestine’s membership in the organisation as a state. It may be viewed as a reminder on the obligations that would face this state after its admission to the UN and upon becoming party to international treaties. | [
{
"display_name": "International Journal of Human Rights and Constitutional Studies",
"id": "https://openalex.org/S2765011644",
"type": "journal"
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]
|
|
https://openalex.org/W2108531587 | Professor John Dugard: A South African Perspective | [
{
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"display_name": "Max Du Plessis",
"id": "https://openalex.org/A5045528818"
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| [
{
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{
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{
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{
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{
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{
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{
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{
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{
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{
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"id": "https://openalex.org/C41008148"
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| [
"Palestine"
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| []
| https://api.openalex.org/works?filter=cites:W2108531587 | This article considers the work of John Dugard in the field of human rights and international law and the impact thereof on the South African legal landscape. After tracing the importance of Dugard's early work in South Africa in the fields of legal philosophy, human rights, and international law, the article turns to consider the later achievements in Dugard's prestigious career. The author highlights the numerous cases in which Dugard appeared as counsel before the South African courts, and considers the impact that Dugard had on the drafting of the South African Constitution in relation to international law and its use in interpreting the South African Bill of Rights. The final section of the article considers the shameful failure of the South African government to support Dugard in his bid to be appointed as a judge of the International Court of Justice. The author concludes that notwithstanding the fact that the government has not accorded him the recognition he deserves, Dugard's pioneering human rights work continues unabated in his various positions, including in his role as the UN Special Rapporteur on human rights abuses in occupied Palestine. | [
{
"display_name": "Leiden Journal of International Law",
"id": "https://openalex.org/S154337186",
"type": "journal"
}
]
|
|
https://openalex.org/W2070718580 | Human rights in the Arab World (2009–10): the impact of wasted chances and the consecration of human rights violations | [
{
"affiliations": [],
"display_name": "Muhsin ʿAwad",
"id": "https://openalex.org/A5032484735"
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| [
{
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{
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{
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{
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{
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{
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{
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"id": "https://openalex.org/C2777671340"
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{
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"id": "https://openalex.org/C138921699"
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{
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"id": "https://openalex.org/C47768531"
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{
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"id": "https://openalex.org/C144024400"
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{
"display_name": "Economics",
"id": "https://openalex.org/C162324750"
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]
| [
"Palestine",
"Yemen",
"Sudan",
"Somalia",
"Iraq"
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| []
| https://api.openalex.org/works?filter=cites:W2070718580 | This article is based on the Arab Organization for Human Rights (AOHR) report on the situation of human rights in the Arab World (ʿAwad et al. 2010), which was issued in July 2010 and is comprehensive for the period extending from mid-2009 to mid-2010. This connotes a pivotal and decisive period when the Arab nation was obliged to confront critical decisions that will influence the future and the fate of the nation (ummah) for a long time to come. Across a wide range of pivotal issues central to the Arab nation there have been decisive gains at the level of the right of self-determination in Palestine and Iraq, and at the level of civil peace and territorial integrity in the Sudan, Somalia and Yemen, as well as on reform and democratic transition in many Arab countries. For a very long time there has not ceased to be a choice between development, social policies and Arab economic cooperation in the period between two global crises, the first of which depleted Arab sovereign funds by half and the second of which is brewing ominously on the horizon of the global economy. This paper tackles the most prominent features of the human rights condition through four main sections: the development of national legislation; political and civil rights; public freedoms; and developmental and environmental challenges and their impact on the implementation of social and economic rights. | [
{
"display_name": "Contemporary Arab Affairs",
"id": "https://openalex.org/S81956514",
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|
|
https://openalex.org/W4282588637 | Abuse of Human Rights in The Neoliberal World Order: The Case of Israel Palestine Conflict | [
{
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{
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{
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{
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{
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{
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{
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{
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{
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{
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{
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{
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]
| [
"Palestine",
"West Bank",
"Gaza",
"State of Palestine",
"Israel"
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| [
"https://openalex.org/W1866328237",
"https://openalex.org/W2005947903",
"https://openalex.org/W2126955222"
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| https://api.openalex.org/works?filter=cites:W4282588637 | The rights which are entitled to human beings, are crucial for their existence and are formulated with the intention of safeguarding their life, personal liberty and dignity are referred to as human rights. The traditional notion of human rights and security perceived them as antithetical and separate concepts whereas the current idea propagates the interlinkage between the two and highlights the need to preserve human rights in order to enforce security. Neoliberalism seeks to reduce the role of the state including to diminish its social and welfare responsibilities which affects the protection and implementation of human rights. Thus, a pertinent question is raised: What aspects of neoliberalism are abusive of human rights in the contemporary international structure? This paper takes up the case study of the Israel-Palestine conflict, which dates back to the nineteenth century and analyses it from the perspective of human rights conservation. Israel refuses to give the status of ‘rightful sovereigns’ to the Palestinians residing in the West Bank and Gaza and therefore, believes that they are not entitled to any protection bestowed by the international humanitarian laws. This research further takes into account the aspect of human rights in the U.S. policies concerning Israel. The U.S. has been projecting itself as the torchbearer of liberalism and individual rights in the contemporary neoliberal world order. Yet, it provides military and economic support to Israel and virtually remains silent in its wrongful claims over Palestinian territories. The contemporary world order has seen different countries adopting rightist policies, excluding regional identities and promoting the concept of a homogenized society. The abuse of human rights which these circumstances bring about become equally pertinent as the newest threat to individual security and consequently affects the international socio-political domain. | [
{
"display_name": "Indian Journal of Social Science and Literature (IJSSL)",
"id": "https://openalex.org/S4210212126",
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{
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|
|
https://openalex.org/W770483313 | Shrines and Souls: The Reinvention of Religious Liberty and the Genesis of the Universal Declaration of Human Rights | [
{
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"display_name": "Linde Lindkvist",
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| [
{
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{
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{
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{
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{
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{
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{
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]
| [
"Palestine",
"Lebanon",
"State of Palestine"
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| []
| https://api.openalex.org/works?filter=cites:W770483313 | Shrines and Souls provides a multi-layered contextualization of the article on religious liberty in the Universal Declaration of Human Rights (Article 18), which was propounded by the United Nations General Assembly on December 10, 1948. It shows how the framers of the Declaration decided to break with some of the conventional ways of framing religious liberty in international law, by foregrounding the inner freedom of thought and conscience instead of the free exercise of religion, by directly recognizing the right to change religion or belief, and by restricting the human rights framework to the rights of individuals. It argues that these decisions can be traced back to a set of particular concerns and ideological standpoints of some of the central agents involved in this process. By drawing on the official UN records, a wide range of published sources, and hitherto underexplored archival material, it reveals the significance of the Lebanese diplomat and philosopher, Charles Malik, and the representative of the then newly established Commission of the Churches on International Affairs, O. Frederick Nolde, in determining the orientation of the text. However, it also reveals how their proposals to include references protecting the rights of religious groups and corporations fell short due to the opposition of the American states—spearheaded by the United States—and France, which favored a text that would chime with policies of national assimilation and state-church separation. This work distinguishes itself from other studies of the origins of the Universal Declaration by focusing on how the framers made use of the concepts of human rights and religious liberty in context-bound political arguments, and how these uses in turn affected the text’s architecture. By directing attention to the particular battles in the negotiations on the text, Shrines and Souls takes issue with many of the dominant ways of narrating the emergence of the Universal Declaration, including accounts that present the text as the international community’s response to the atrocities of World War II. In a broadening chapter, it provides a unique exploration of how the concepts of human rights and religious liberty operated in the preparatory work for the Partition Plan for Palestine of November 29, 1947. This document also contained clauses on religion and rights, but here the main emphasis is on the rights of religious communities rather than the individual freedom of choice. This study argues that the differences between these two ways of articulating religious liberty and rights in the context of the early United Nations were largely a function of the documents’ differences in genre. Whereas the Partition Plan addressed a complex geo-political situation and a wide range of competing interests, the Universal Declaration was a non-binding, educational text, intended to outline the moral horizon for nations to strive towards, and which therefore could bypass difficult issues of implementation. This feature of the Declaration meant that it was fertile ground for unconventional enunciations of rights-principles, including the seemingly ancient idea of religious liberty. (Less) | []
|
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https://openalex.org/W2073205213 | Maximizing rights: The one-state solution to the Palestinian– Israeli conflict | [
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| https://api.openalex.org/works?filter=cites:W2073205213 | This article employs a ‘rights-based approach’ in evaluating a ‘single state solution’ to the Palestinian-Israeli conflict. International human rights provide a necessary normative standard for the just resolution of this long-running dispute. A single state, as compared to the two-state solution that has been broadly supported by the international community since 1947, offers superior opportunities to maximize the legitimate rights, interests, and aspirations of the greatest number of Israelis and Palestinians. Yet Israeli Jews and Palestinian Arabs each enjoy internationally recognized rights of self-determination and sovereignty. Accordingly, there is no legal means by which a one-state solution could be directly imposed on the parties to the dispute without violating the respective rights of each people. As a matter of law, then, a one-state solution could only come about through the agreement of Palestinians and Israelis and as an exercise of their respective rights to self-determination. The inability to implement a one-state solution without consent of the parties requires consideration of the means by which such an agreement might be encouraged. There is no indication that states are likely to brook the current international consensus in support of a two-state solution. Thus it is necessary to examine whether international civil society is capable of playing a facilitating role analogous to the role it played in the demise of apartheid in South Africa. A variety of scenarios can be imagined, but in any of them, ultimately, broad Israeli Jewish opposition to a single state solution will have to be overcome. This suggests that a non-violent campaign, or at least one that scrupulously avoids attack on innocent civilians, is the most promising route to achieving a one-state solution. While such a shift appears farfetched at the moment, no other solution to the conflict currently seems imminent. The moral power of a single state, based on equal rights for all residents of Israel/Palestine, has transformative power that should not be underestimated. | [
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https://openalex.org/W3109848053 | The Implementation of Human Rights Conventions at the National Level: The Case of Palestine | [
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| https://api.openalex.org/works?filter=cites:W3109848053 | The accession of the State of Palestine to seven core human rights conventions provides an opportunity for lawyers and judges for implementing those conventions at the domestic level, especially in a plural legal system with multiple traditions that contradict international standards. Lawyers may plead before courts to apply such conventions by relying on the interpretation endorsed by United Nations treaty bodies: general comments, concluding observations, and decisions on individual complaints. Lawyers and other legal practitioners may refer to reports of human rights Special Rapporteurs, along with the juridical interpretation methods, including official/authentic languages, preparatory works, historical sources, along with scholars’ opinions. This article deals with the relationship between international human rights conventions and domestic law in Palestine. Each section presents the measures that have been taken by Palestine in relation with the UN monitoring committees and comprises two hypothetical examples as cases to demonstrate the convention’s relation to existing legislation and practices. | [
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https://openalex.org/W2465164367 | Health and Human Rights in Palestine: The Siege and Invasion of Gaza and the Role of the Boycott, Divestment and Sanctions Movement | [
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| [
"Palestine",
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| []
| https://api.openalex.org/works?filter=cites:W2465164367 | The linkage between human rights and health rights has been well established and documented. A consensus position has emerged that insists on the inextricability between health promotion and the protection of human rights. Violations of basic health rights are now considered violations of human rights. Within the larger global context of human rights violations, the occupation and colonization of Palestine stand out as an egregious example of how the denial of health rights can lead to devastating consequences. This chapter will describe the current context of human rights violations in Palestine and the impact of these violations on health rights. Special emphasis will be afforded to the siege and invasion of Gaza and its aftermath. | [
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https://openalex.org/W2980577649 | International Law within the Palestinian Legal System: A Call for Granting Human Rights Treaties a Special Constitutional Status | [
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{
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"Palestine",
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| []
| https://api.openalex.org/works?filter=cites:W2980577649 | The hierarchical status of international treaties within the domestic system of states varies from one state to another depending on each state’s approach and understanding of international law. While most states do not differentiate between the constitutional hierarchical status of international human rights treaties and other types of international law treaties, some progressive states accord human rights treaties a special constitutional status. While the legal system in Palestine does not establish the constitutional hierarchy of international treaties within Palestine, the Palestinian Supreme Constitutional Court (SCC) dueled upon the issue recently. This article provides a critical review of the SCC’s decisions while advancing the argument that international human rights treaties should be accorded a special constitutional status within the Palestinian legal system. | [
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https://openalex.org/W2909687544 | Enforcing Human Rights of Palestinians in the Occupied Territory | [
{
"affiliations": [],
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"Palestine",
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| []
| https://api.openalex.org/works?filter=cites:W2909687544 | The situation in Palestine has influenced the deployment of international human rights law and international humanitarian law. The impact of longterm Israeli occupation and the rule of the Palestinian Authority in the Occupied Territory is multifaceted. Despite the various research on Palestine, human rights, and the rule of law, few studies have been conducted on the enforcement mechanisms of human rights in Palestine. This study examines the applicability of international human rights and humanitarian laws as well as domestic laws to assess the contribution of these directives in protecting the fundamental human rights of Palestinians in the Occupied Territory. It conducts an in-depth case study of three basic rights: the right to movement, the right to property, and the right to equality and non-discrimination in the Occupied Territory. The study further examines the role of the Palestinian High Court of Justice and the Israeli Supreme Court in implementing domestic and international laws. In this regard, the study examines the major laws which are invoked, in certain circumstances, to limit the ability of Palestinians to confiscate, expropriate, and destruct their private property, and to implement discriminatory practices against them. The study further examines whether the available international and domestic mechanisms are effective, and if not, it suggests modifications upon which a functional national and international system could be built. The findings of the research demonstrate that international human rights treaties and international humanitarian law conventions are de facto and de jure applicable in the Occupied Territory. As a result of the aforementioned in-depth study cases, it can be concluded that human rights violations against Palestinians in the Occupied Territory are committed by the Palestinian Authority and the Israeli government. In addition, the Palestinian and the Israeli judiciaries have failed to grant Palestinians reasonable protection or a just remedy, and they are dysfunctional and politically driven. The study concludes with a proposal for new mechanisms for Palestinians to redress human rights violations. The further outcomes of this study argue that neither international human rights nor humanitarian law guarantee full protection for Palestinians. Hence, the implication of the findings indicates that the regulations of international human rights and humanitarian laws, which were made by the powers of the nineteenth century with their colonial provisions, might not fit to the present complications of the current challenges to international law in Palestine. The goal is to promote a re-thinking approach to the employment of human rights to serve all people in an efficient and well-organized system. The scope of this study is not meant to grant Palestinians favorable treatment in the multilateral international system, but to achieve just and successful remedies for victims of human rights violations. | [
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https://openalex.org/W3137479418 | European Court of Human Rights : Baldassi and others v. France | [
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| [
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| []
| https://api.openalex.org/works?filter=cites:W3137479418 | In a case concerning freedom of political expression and the right to protest, the European Court of Human Rights (ECtHR) found that the conviction of pro-Palestine activists had violated their right to freedom of expression as guaranteed by Article 10 of the European Convention on Human Rights (ECHR). The activists were convicted for incitement to economic discrimination on account of their campaign aimed at boycotting products imported from Israel. | []
|
|
https://openalex.org/W2919033221 | A Small Diaspora's Human Rights Defenders Find Their Limits | [
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| https://api.openalex.org/works?filter=cites:W2919033221 | A Small Diaspora's Human Rights Defenders Find Their Limits Michael Galchinsky (bio) James Loeffler's Rooted Cosmopolitans: Jews and Human Rights in the Twentieth Century tells the riveting, intertwined sagas of five Jewish activists: Hersch Lauterpacht, drafter of the original international bill of rights; Jacob Robinson, expert on the Minorities Treaties, founding member of the World Jewish Congress (WJC), and advocate for the rights of refugees; Maurice Perlzweig, the rabbi-diplomat who worked using "quiet diplomacy" for Jews' interests through the WJC; Jacob Blaustein, oil baron and president of the American Jewish Committee (AJC), who represented American Jews' "foreign policy" to successive presidents; and Peter Benenson, founding leader of Amnesty International, who turned human rights into a global movement. Together, these Jews made outstanding contributions to Jewish and human rights. Some of the ground in Loeffler's book has been covered before, in studies by Carole Fink, William Korey, Irwin Cotler, Felice Gaer, and myself.1 Yet even when Loeffler is retelling familiar stories, he often adds newly discovered archival information, and his individual focus enables him to provide a depth of analysis of the actors' motivations, personal stories, communications, and complex interactions that eluded previous studies. The book counteracts some myths and gives these activists the full-scale treatment they deserve. However, despite its title, the book does not cover the entirety of the twentieth century, and its "great man" approach to the history prevents it from a systematic analysis of Jewish organizations. Loeffler's goal is to negate what he sees as a trend in Jewish politics: the growing "mental gulf … between Jewish politics and human rights," which he sees as a "false dichotomy between particularism [End Page 148] and universalism."2 Rooted cosmopolitans are those who recognize "national politics as a precondition of international justice."3 That is, rootedness provides a Jewish activist with the realism of historical context and Westphalian constraints. Cosmopolitanism provides the Jewish activist with the idealism of human rights understood as modern moral universals. As Loeffler puts it, "The historical legacy of Jewish human rights activism offers a sober reminder that idealism and power must always be considered in the same frame, or else we risk hollow gestures and futile advocacy."4 The rooted cosmopolitan believes that Zionism and liberal internationalism are not opposite poles but linked ideals. Loeffler's subjects thought a Jewish state was necessary to protect the rights of the Jewish people and that it could and would incorporate international norms detailing how all people should be treated. Hence, Loeffler's study depicts the valiant attempts of these actors to find "the elusive meeting point between idealism and realism."5 He offers an intimate group biography in which his subjects often overlap, build alliances, and create intra-Jewish schisms. Through this composite portrait, Loeffler explores the efforts of Jews in Europe, the United States, and Israel to protect minorities, seek redress for stateless outcasts and refugees, and construct the system of international human-rights law. Yet he illuminates the substantial difficulties facing any Jew who attempted a synthesis between idealism and realism. Loeffler introduces us to the early twentieth-century contributions of Hersch Lauterpacht, the Galician Jew and lawyer who gave the world the first blueprint for international human-rights law. Lauterpacht put his faith in the League of Nations' Minorities Treaties and mandate system. He bet that, backstopped by the League's authority, the treaties would compel Eastern European nations to protect their Jewish citizens, while Mandatory Palestine would protect Jewish immigrants. Lauterpacht thought that the League's commitment to the Jewish home in Palestine was itself a sign that international law was working on behalf of a national right—the dispersed Jewish nation's right of self-determination. His idealism was tempered with realism. He understood that Jews' individual human rights and national rights would only be realized if [End Page 149] backed by a great power. His choice was Britain because, with the United States' failure to the join the League and with Britain's mandate over Palestine, Britain was the only country that could take up Jews' national cause in Palestine and their need for minority rights in Eastern Europe. Like Lauterpacht, Jacob Robinson was... | [
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https://openalex.org/W3122109197 | The Exodus Encounter: Towards a Foundational Theory of Human Rights | [
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| https://api.openalex.org/works?filter=cites:W3122109197 | AbstractContemporary human rights scholarship largely adopts one of two brands of positivism. In transnational governance tradition, human rights are understood to be constituted by treaties and cooperative transnational arrangements. In sovereignty tradition, human rights are thought of as heightened values of particular polities. Through a reading of yet-unstudied materials regarding 1947 Exodus ship that left Europe for colonial Palestine, this Article proposes a different theory of human rights law. of encounter is a non-positive source of law that bars particular behaviors that may kill or risk human life, regardless of their membership in particular polities. When powerful authorities recognize such limitations on their behavior, certain opportunities for human rights remedies arise when powerless parties address those authorities. As long as human rights are respected, these opportunities become avenues for participatory political discourse beyond both domestic and transnational legal institutions. They thus constitute an international grundnorm.SummaryIntroduction 2I. Rights of Transnational Governance 7II. Rights of Sovereignty 18III. Rights of Encounter 24IV. Against Reductionism 34V. Human Rights and History 37Conclusion 42IntroductionFor lawyer, wrote Paul Weis in a 1954 article titled International Protection of Refugees, the status of a person who is deprived of national protection is 'anomalous.' A stateless person-and this applies equally to refugees-has been compared to a on open sea, not sailing under any flag.1 By invoking this image, legal advisor to newly established United Nations High Commissioner for Refugees (UNHCR) posed a seemingly technical dilemma.2 The lawyer is unsure what law applies to such persons. She may consult her books, but what she will find is a missing page.3Weis's answer to dilemma was his life's work. A major participant in framing 1951 Refugee Convention, he directed UNHCR's legal division until his retirement in 1967.4 treaty, alongside other international legal instruments, sought to fill a gap in international law and grant a remedy to those who lost their ties to community and citizenship.5 Responding to events from interwar period and during World War II, UNHCR attempted to solve problem of refugees through intergovernmental cooperation.6 countries that in postwar period came to be called Western bloc7 would secure human rights of refugees and stateless people through coordinated foreign policies.8 Underlying these efforts was a theory of human rights, still very influential today: Human rights are constituted and enforced by transnational governance.9When, on July 11, 1947, about 4,500 displaced Jews left Sete for Palestine on a boat that came to be known as Exodus, they literally enacted flagless vessel analogy.10 Originally called President Warfield, steamer was formerly operated by Baltimore Steam Packet Company and ran between Baltimore, Maryland, and Norfolk, Virginia. During World War II it was used by British Navy and sent to Europe.11 There, Haganah, a Jewish paramilitary group that sought to establish an independent Jewish state in Palestine, purchased boat.12 passengers of President Warfield organized a ceremony during which ship was renamed Exodus. … | [
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https://openalex.org/W3209878898 | Three days in December: Jewish human rights between the United Nations and the middle east in 1948 | [
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| https://api.openalex.org/works?filter=cites:W3209878898 | Abstract The twin birth of the UN Universal Declaration of Human Rights and the UN Genocide Convention in 1948 have received enormous scholarly attention in recent years. Yet historians have largely ignored how these legal projects intersected with that year’s war in Israel/Palestine. In this article, I push these two stories back into a single frame by examining the year-long efforts of one early human rights organization, the World Jewish Congress, to advance rights-claims on behalf of Middle Eastern Jewish communities imperiled by the regional repercussions of the war. The WJC’s record of activities affords us a direct window into contemporaneous activist understandings of the ties between the Holocaust and the Nakba, human rights and genocide, and international law and politics. More broadly, it reveals the intrinsic limits of early human rights advocacy in an emerging global system exclusively structured around nation states. | [
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https://openalex.org/W1839646719 | The Exodus Encounter: Towards a Foundational Theory of Human Rights | [
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| https://api.openalex.org/works?filter=cites:W1839646719 | Contemporary human rights scholarship largely adopts one of two brands of positivism. In the transnational governance tradition, human rights are understood as constituted by treaties and cooperative transnational arrangements. In the sovereignty tradition, human rights are thought of as heightened values of particular polities. Through a reading of yet-unstudied materials regarding the 1947 Exodus ship that left Europe for colonial Palestine, this Article proposes a different theory of human rights law. The “law of encounter” is a non-positive source of law that bars particular behaviors that may kill or risk the life of humans, regardless of their membership in particular polities. When powerful authorities recognize such limitations on their behavior, certain opportunities for human rights remedies arise when powerless parties address them. As long as human rights are respected, these become avenues for participatory political beyond both domestic and transnational legal institutions. | [
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https://openalex.org/W3038854706 | The Past Can't Heal Us: The Dangers of Mandating Memory in the Name of Human Rights | [
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| https://api.openalex.org/works?filter=cites:W3038854706 | In this innovative study, Lea David critically investigates the relationship between human rights and memory, suggesting that, instead of understanding human rights in a normative fashion, human rights should be treated as an ideology. Conceptualizing human rights as an ideology gives us useful theoretical and methodological tools to recognize the real impact human rights has on the ground. David traces the rise of the global phenomenon that is the human rights memorialization agenda, termed 'Moral Remembrance', and explores what happens once this agenda becomes implemented. Based on evidence from the Western Balkans and Israel/Palestine, she argues that the human rights memorialization agenda does not lead to a better appreciation of human rights but, contrary to what would be expected, it merely serves to strengthen national sentiments, divisions and animosities along ethnic lines, and leads to the new forms of societal inequalities that are closely connected to different forms of corruptions. | []
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https://openalex.org/W3168802923 | Al-Haq: A Global History of the First Palestinian Human Rights Organization | [
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| https://api.openalex.org/works?filter=cites:W3168802923 | Established in Ramallah in 1979, al-Haq was the first Palestinian human rights organization and one of the first such organizations in the Arab world. This inside history explores how al-Haq initiated methodologies in law and practice that were ahead of its time and that proved foundational for many strands of today’s human rights work in Palestine and elsewhere. Lynn Welchman looks at both al-Haq’s history and legacy to explore such questions as: Why would one set up a human rights organization under military occupation? How would one go about promoting the rule of law in a Palestinian society deleteriously served by the law and with every reason to distrust those charged with implementing its protections? How would one work to educate overseas allies and activate international law in defense of Palestinian rights? This revelatory story speaks to the practice of local human rights organizations and their impact on international groups. | [
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https://openalex.org/W3016558790 | James Loeffler. Rooted Cosmopolitans: Jews and Human Rights in the Twentieth Century. New Haven, CT: Yale University Press, 2018. 384 pp. | [
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| https://api.openalex.org/works?filter=cites:W3016558790 | Reviewed by: Rooted Cosmopolitans: Jews and Human Rights in the Twentieth Century by James Loeffler G. Daniel Cohen James Loeffler. Rooted Cosmopolitans: Jews and Human Rights in the Twentieth Century. New Haven, CT: Yale University Press, 2018. 384 pp. doi:10.1017/S036400941900103X The history of modern human rights has recently emerged as a popular subset of scholarly inquiry. Over the past decade or so, scholars have identified various origins for the expansion of Western human rights politics and law, including medieval natural rights discourse, the Enlightenment, transatlantic abolitionism, nineteenth-century liberal nationalism, imperial civilizing missions, mid-twentieth-century Christian humanism, or the legal instruments adopted by United Nations in the second half of the 1940s. Dismissive of long-term genealogies, revisionist historians, such as Samuel Moyn, locate instead the "explosion" of human rights discourse and activism in the 1970s, when popular NGOs such as Amnesty International appealed to a wider public. In Rooted Cosmopolitans, James Loeffler offers yet another chronology. Between the end of World War I and the start of the 1960s, he argues, prominent Jewish internationalists laid the foundations of the contemporary human rights regime. They include "five remarkable men" (xiii) whose lives and ideas are explored in the book: the Polish-born legal scholar Hersch Lauterpacht, a pioneer in international human rights law and legal adviser at the Nuremberg trials, who first coined the phrase "crimes against humanity"; the Lithuanian jurist Jacob Robinson, a defender of Jewish minority rights before the outbreak of the Second World War and a legal adviser to the State of Israel after 1948; the Baltimore oilman Jacob Blaustein, the president of the American Jewish Committee and a confidant of Harry Truman; the British rabbi Maurice Perlzweig, one of the forefathers of the World Jewish Congress, created in 1936 to serve as the diplomatic arm of the Jewish people; and Peter Benenson, the founder of Amnesty International. As Loeffler contends, their commitment to human rights law and activism stemmed from "particular engagements with the rigor and rhapsodies of modern Jewish politics" (xiv). This is the main argument developed in this finely researched study: although dedicated to universal standards of human rights enshrined in international law, these "rooted cosmopolitans" remained passionately attuned to the plight of Jews in interwar [End Page 205] Europe and to the dire situation of Holocaust survivors after the demise of Nazism. Their universalism, argues Loeffler, went hand in hand with a "rootedness" expressed through emotional and political identification with Zionism. Hersch Lauterpacht best exemplifies this possibility. The Cambridge scholar helped draft the 1948 Israeli Declaration of Independence. Human rights and Zionism constituted for him, as for the other protagonists of the book, two sides of the same coin. In this light, explains the author, the proximity of the creation of Israel in May 1948 and the adoption of the Universal Declaration of Human Rights a few months later was not "an accident of timing" (144). From 1919 to 1939, however, Jewish internationalists primarily pinned their hopes on the League of Nations' system of minority rights to safeguard the existence of Jews in east-central European successor states. In the first part of the book ("Emergence"), Loeffler shows how the young Lauterpacht (a member of a Zionist youth movement during his youth in Lemberg) and Robinson sought to secure Jewish rights in both eastern Europe and mandatory Palestine through international law. The minorities treaties signed in the wake of the 1919 Paris Peace Conference were supposed to protect the cultural and political rights of Jews in Poland or Romania, and the mandate system elicited hopes of Jewish self-determination in Palestine. The possibility of "convergence" between Zionism and human rights, explored in the second half of the book, was indeed already in place during the interwar period. But the collapse of the League of Nations, British opposition to wide-scale migration to Palestine, and, above all, the outbreak of the Second World War postponed the full fusion between Jewish rights and human rights to the grim Holocaust era. The destruction of the near totality of Jews in east-central Europe, the Baltic states, and the western Soviet Union forced proponents of minority rights, such as Jacob Robinson, instead to... | [
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| https://api.openalex.org/works?filter=cites:W4312554681 | Reviewed by: Rooted Cosmopolitans: Jews and Human Rights in the Twentieth Century by James Loeffler G. Daniel Cohen James Loeffler. Rooted Cosmopolitans: Jews and Human Rights in the Twentieth Century. New Haven, CT: Yale University Press, 2018. 384 pp. doi:10.1017/S036400941900103X The history of modern human rights has recently emerged as a popular subset of scholarly inquiry. Over the past decade or so, scholars have identified various origins for the expansion of Western human rights politics and law, including medieval natural rights discourse, the Enlightenment, transatlantic abolitionism, nineteenth-century liberal nationalism, imperial civilizing missions, mid-twentieth-century Christian humanism, or the legal instruments adopted by United Nations in the second half of the 1940s. Dismissive of long-term genealogies, revisionist historians, such as Samuel Moyn, locate instead the "explosion" of human rights discourse and activism in the 1970s, when popular NGOs such as Amnesty International appealed to a wider public. In Rooted Cosmopolitans, James Loeffler offers yet another chronology. Between the end of World War I and the start of the 1960s, he argues, prominent Jewish internationalists laid the foundations of the contemporary human rights regime. They include "five remarkable men" (xiii) whose lives and ideas are explored in the book: the Polish-born legal scholar Hersch Lauterpacht, a pioneer in international human rights law and legal adviser at the Nuremberg trials, who first coined the phrase "crimes against humanity"; the Lithuanian jurist Jacob Robinson, a defender of Jewish minority rights before the outbreak of the Second World War and a legal adviser to the State of Israel after 1948; the Baltimore oilman Jacob Blaustein, the president of the American Jewish Committee and a confidant of Harry Truman; the British rabbi Maurice Perlzweig, one of the forefathers of the World Jewish Congress, created in 1936 to serve as the diplomatic arm of the Jewish people; and Peter Benenson, the founder of Amnesty International. As Loeffler contends, their commitment to human rights law and activism stemmed from "particular engagements with the rigor and rhapsodies of modern Jewish politics" (xiv). This is the main argument developed in this finely researched study: although dedicated to universal standards of human rights enshrined in international law, these "rooted cosmopolitans" remained passionately attuned to the plight of Jews in interwar [End Page 205] Europe and to the dire situation of Holocaust survivors after the demise of Nazism. Their universalism, argues Loeffler, went hand in hand with a "rootedness" expressed through emotional and political identification with Zionism. Hersch Lauterpacht best exemplifies this possibility. The Cambridge scholar helped draft the 1948 Israeli Declaration of Independence. Human rights and Zionism constituted for him, as for the other protagonists of the book, two sides of the same coin. In this light, explains the author, the proximity of the creation of Israel in May 1948 and the adoption of the Universal Declaration of Human Rights a few months later was not "an accident of timing" (144). From 1919 to 1939, however, Jewish internationalists primarily pinned their hopes on the League of Nations' system of minority rights to safeguard the existence of Jews in east-central European successor states. In the first part of the book ("Emergence"), Loeffler shows how the young Lauterpacht (a member of a Zionist youth movement during his youth in Lemberg) and Robinson sought to secure Jewish rights in both eastern Europe and mandatory Palestine through international law. The minorities treaties signed in the wake of the 1919 Paris Peace Conference were supposed to protect the cultural and political rights of Jews in Poland or Romania, and the mandate system elicited hopes of Jewish self-determination in Palestine. The possibility of "convergence" between Zionism and human rights, explored in the second half of the book, was indeed already in place during the interwar period. But the collapse of the League of Nations, British opposition to wide-scale migration to Palestine, and, above all, the outbreak of the Second World War postponed the full fusion between Jewish rights and human rights to the grim Holocaust era. The destruction of the near totality of Jews in east-central Europe, the Baltic states, and the western Soviet Union forced proponents of minority rights, such as Jacob Robinson, instead to... | [
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https://openalex.org/W3128134981 | حقوق الإنسان في فلسطين والعالم: مفهوم متغير في عالم متغير (Human Rights in Palestine and the World: A Shifting Concept in a Changing World) | [
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| https://api.openalex.org/works?filter=cites:W3128134981 | Arabic Abstract: تتناول الورقة مفهوم الحقوق الأساسية منذ نشأة الإعلان العالمي لحقوق الإنسان، وتدفقها الى الدساتير الوطنية والفهم المتغير لها بالرغم من ثبات النصوص وتشابهها لدى الاجتهادات القضائية في العالم. من خلال تقديم نظريتان لفهم الحقوق الدستورية في العالم؛ ففي حين تعتبر بعض المحاكم أن تقييد أحد الحقوق مشروعا – وبالتالي يخضع لاختبار التناسبية بحيث تراعى خصوصية الدولة عند إنفاذ الحقوق – تنظر محاكم أخرى إلى ذات الحقوق على أنها مطلقة ومرتبطة بإرادة إنسان حر يتمتع بكرامة إنسانية – وهي بذلك حقوق غير قابلة للمقايضة بأي أهداف أو سياسات عامة. تهدف الورقة إلى إسقاط المفاهيم المتغيرة للحقوق الأساسية في العالم على فلسطين التي احتوى قانونها الأساسي على لائحة طويلة من الحقوق والحريات الأساسية، ومراجعة قرارات المحكمة العليا بصفتها الدستورية والمحكمة الدستورية العليا، بهدف إعطاء مؤشرات لفهم مكانة الحقوق الأساسية في فلسطين على ضوء التغيرات في فهم المحاكم للحقوق الأساسية منذ الحرب العالمية الثانية.
English Abstract: This paper introduces the concept of fundamental rights since the inception of the Universal Declaration of Human Rights, and their consequent flow to national constitutions. it addresses the changing understandings of rights despite the consistency in the texts through jurisprudence worldwide; within which the authors introduce two globally prominent models of constitutional rights: the Dominant Narrative, by which courts were considering rights to be absolute and linked to the free will of human beings with human dignity, and thus cannot be waived for any general objectives or policies. And the Global Model of Constitutional Rights that emerged after WWII by which other courts- or same courts within different historical intervals- started to consider restrictions of the same rights as legitimate, and therefore should be subjected to the proportionality test taking into account the specificity of each State. The paper concludes by drawing three comprehensive dimensions in order to pave the way to project these changing concepts of fundamental rights and theories to Palestine; the constitutional text (the Basic Law) which contains a long list of fundamental rights and freedoms, the States institutions implementation of the constitutional rights, and reviewing the decisions of the High Court in its constitutional capacity and of the Supreme Constitutional Court. The three dimensions together delve into the status of fundamental rights in Palestine in light of modern world countries' conception of fundamental rights. | [
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https://openalex.org/W206910519 | HUMAN RIGHTS COMMISSION OF THE ARAB STATES | [
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| https://api.openalex.org/works?filter=cites:W206910519 | This chapter discusses various aspects of the Human Rights Commission of the Arab States. The League responded to a note received from the United Nations Secretary-General on December 12, 1967 concerning the eventual establishment of an Arab regional commission for human rights. As are all the permanent technical committees of the League, the Human Rights Commission of the Arab States is composed of one or more representatives of the member States and the Palestine Liberation Organization as a full member of the league. The Commission worked on many levels to reach the objectives outlined in these directives. The Commission decided during its fourth meeting to ask the League Secretary-General to elaborate on a proposal for an Arab charter of human rights. The Human Rights Commission of Arab States has succeeded in its mission concerning human rights in the occupied territories, for this problem constitutes common ground for all Arab States. | [
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https://openalex.org/W4220716941 | Building human rights in the region through the role of horizontal transnational networks: the role of the Asia Pacific Forum of National Human Rights Institutions | [
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| https://api.openalex.org/works?filter=cites:W4220716941 | In 2007, Andrew Byrnes and Andrea Durbach received a grant from the Australian Research Council to investigate the role played by the Asia Pacific Forum of National Human Rights Institutions in promoting international human rights norms across the Asia Pacific. The project’s central question was whether, for the vast and heterogeneous Asia Pacific, a regional network of national human rights bodies might offer a more effective form of human rights governance than a supra-state regional human rights system. Fieldwork was carried out in every sub-region of the Asia Pacific: Fiji, Samoa, New Zealand, Thailand, Malaysia, Nepal, India, South Korea, Jordan and Palestine. A decade after the project’s conclusion, we analyse the project’s impact and influence. We conclude that the key intuition that drove the project forward, which was that strong and independent institutions within states are the most effective bulwarks against rights violations, remains as valid now as it was a decade ago. In a region that still lacks an overarching human rights institution, networks of national human rights institutions are an original and creative response to the challenges of human rights governance into the twenty-first century. | [
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https://openalex.org/W3037388501 | Between Humanitarian Rights and Human Rights | [
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"Algeria",
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| https://api.openalex.org/works?filter=cites:W3037388501 | This contribution distinguishes between two forms of rights discourse in the writings and practice of René Cassin. The first position was that of an advocate of humanitarian rights, understood as falling within the laws of war. His work on behalf of disabled WWI veterans was the origin of this commitment. Overlapping with humanitarian rights were human rights, as adumbrated in the Universal Declaration of Human Rights he helped to draft and to persuade the UN to adopt in December 1948. Human rights set down a supranational standard against which all nations had to measure their actions in peacetime as well as in wartime. The problem was that when Cassin dealt with the Jewish population of Palestine, he saw their cause in terms of human rights, the right to form their own state, whereas when he approached the question of Palestinian rights, he framed them in terms of humanitarian rights. The same was true for Muslims in Algeria. He failed to speak out on human rights violations both in Israel and in Algeria during the ongoing Arab–Israeli conflict and during the Algerian War of Independence. His universalism fractured when it came to violent conflicts between Europeans and non-Europeans in decolonization after 1945. | [
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https://openalex.org/W1554352980 | Silencing Human Rights in the Clash of Arms? Israel's Official Policy of 'Targeted Killings' - A Dark Side in Fighting Terrorism | [
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| https://api.openalex.org/works?filter=cites:W1554352980 | Israel views the Palestine uprising of September 2000 (al-Aqsa Intifada) as an armed conflict which in turn means that the framework applicable to this is the law of armed conflict. The issues regarding the status of terrorists as well as counter-measures that are raised in the Arab-Israeli conflict are complex. On one hand, the terrorists fall within the ambit of combatants and thus engage the law of armed conflict; on the other hand they are criminals and thus fall within the rubric of domestic legal enforcement. It is the - targeted killings - as one of the means Israel uses to combat what terrorist attacks directed against its citizens, and what the Palestinians refer to as their uprising against the Israeli occupation that is the focus of this Article. Depending on the construction of the realities of the Intifada, the legality or illegality of - targeted state killings - still remains to be determined on a broad spectrum that engages both the laws of armed conflict and human rights. This Article seeks to adopt a limited dimension-reviewing the actions against the background of international human rights. Human rights law although interrelated with the law of war and humanitarian law, is a distinct branch of international law and it is the human rights perspective with which this Article is concerned with. | [
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https://openalex.org/W3124259543 | Silencing Human Rights in the Clash of Arms? Israel’s Official Policy of “Targeted Killings”—A Dark Side in Fighting Terrorism | [
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| https://api.openalex.org/works?filter=cites:W3124259543 | Israel views the Palestine uprising of September 2000 (al-Aqsa Intifada) as an armed conflict which in turn means that the framework applicable to this is the law of armed conflict. The issues regarding the status of terrorists as well as counter-measures that are raised in the Arab-Israeli conflict are complex. On one hand, the terrorists fall within the ambit of combatants and thus engage the law of armed conflict; on the other hand they are criminals and thus fall within the rubric of domestic legal enforcement. It is the - targeted killings - as one of the means Israel uses to combat what terrorist attacks directed against its citizens, and what the Palestinians refer to as their uprising against the Israeli occupation that is the focus of this Article. Depending on the construction of the realities of the Intifada, the legality or illegality of - targeted state killings - still remains to be determined on a broad spectrum that engages both the laws of armed conflict and human rights. This Article seeks to adopt a limited dimension-reviewing the actions against the background of international human rights. Human rights law although interrelated with the law of war and humanitarian law, is a distinct branch of international law and it is the human rights perspective with which this Article is concerned with. | []
|
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https://openalex.org/W3021145206 | Silencing Human Rights in the Clash of Arms? Israel's official Policy of 'Targeted Killings'-A Dark Side in Fighting Terrorism | [
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| https://api.openalex.org/works?filter=cites:W3021145206 | Israel views the Palestine uprising of September 2000 (al-Aqsa Intifada) as an armed conflict which in turn means that the framework applicable to this is the law of armed conflict. The issues regarding the status of terrorists as well as counter-measures that are raised in the Arab-Israeli conflict are complex. On one hand, the terrorists fall within the ambit of combatants and thus engage the law of armed conflict; on the other hand they are criminals and thus fall within the rubric of domestic legal enforcement. It is the - targeted killings - as one of the means Israel uses to combat what terrorist attacks directed against its citizens, and what the Palestinians refer to as their uprising against the Israeli occupation that is the focus of this Article. Depending on the construction of the realities of the Intifada, the legality or illegality of - targeted state killings - still remains to be determined on a broad spectrum that engages both the laws of armed conflict and human rights. This Article seeks to adopt a limited dimension-reviewing the actions against the background of international human rights. Human rights law although interrelated with the law of war and humanitarian law, is a distinct branch of international law and it is the human rights perspective with which this Article is concerned with. | []
|
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https://openalex.org/W4226513803 | FAILURE OF ORGANIZATION OF ISLAMIC COOPERATION: A CASE OF DISMAL STATE OF HUMAN RIGHTS IN KASHMIR AND PALESTINE | [
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| https://api.openalex.org/works?filter=cites:W4226513803 | A profound observation of human rights endorses democratic norms, socio-political stability, economic prosperity, and the rule of law. Almost all developed states ensure their citizens with the protection of fundamental rights, and, in return, community plays a critical role in nation-building. Many human rights activists and organizations highlight the shortcomings behind the promulgation of laws for human security and plan to maintain security. Some developing states have failed to copy the developed states' human rights policy framework, especially regarding the protection of human rights. They are either trying to deprive their minorities of fundamental rights or confiscating their territories while pushing them into deteriorated conditions. India and Israel are two prominent examples of this connection. This study, therefore, analyses how India is dealing with its minorities, especially Muslims in illegally occupied Jammu and Kashmir. It also calls attention to the expansionist policy of Israel, disposing of Palestinians from their territory, thus experiencing the worst form of human rights violations. The Organization of Islamic Cooperation (OIC) has also forgotten the objectives of its formation. Its leadership is dormant, which has paved the way for India and Israel to inflict more aggression on innocent Muslims. The study suggests that OIC leadership should be more active, saving Muslims from the worst kinds of human rights violations. Bibliography Entry Shamshad, Muhammad, Farooq Arshad. 2021. "Failure of Organization of Islamic Cooperation: A Case of Dismal State of Human Rights in Kashmir and Palestine." Margalla Papers 25 (2): 47-60. | [
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https://openalex.org/W3161353082 | 국제인권조약의 장소적 적용범위 확대 -역외적용 가능성에 대한 일반적 고찰- | [
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| [
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| [
"Palestine",
"State of Palestine"
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| []
| https://api.openalex.org/works?filter=cites:W3161353082 | The issue of the extraterritorial application of international human rights treaties concerns whether a state party of a human rights treaty has duty to implement the treaty outside of its territory. The extraterritorial application of international human rights treaties is extraordinary account because the ordinary expectation of human rights treaty obligation is limited to an extent that state parties guarantee human rights toward their nationals within its own territory. But in the international society, the empirical reality of state practice of its authority encompass beyond its territorial jurisdiction and boundary. Military occupation, leased territory, abroad settlement of its military force are, inter alias, prominent examples where human rights abuses have been one of the critical issues. Therefore, the extraterritorial application of international human rights treaties becomes a controversy, even though it is an exceptional account. The literal text of human rights treaty, especially ICCPR and its travaux preparatoires do not seem to intend to enlarge the scope outside of the national territory. However, apparently the Human Rights Committee has widened its scope beyond the territorial boundary as it is stated in the Individual Communi-cation, the Concluding Observation, and the General Comment. Moreover, ICJ held that the extraterritorial application of international human rights treaties is possible in belligerent occupation situation as in the Palestine Wall case, the Armed Activities of territory of Congo case, and the International Convention on the Elimination of all Forms of Racial Discrimination case. | [
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https://openalex.org/W636306610 | International law and society : empirical approaches to human rights | [
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| [
"Palestine",
"Israel"
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| []
| https://api.openalex.org/works?filter=cites:W636306610 | Part I Human Rights Discourse and National Compliance: Do human rights treaties make a difference, Oona Hathaway Measuring the effects of human rights treaties, Ryan Goodman and Derek Jinks Overlegalizing human rights: international relations theory and the Commonwealth Caribbean backlash against human rights regimes, Laurence R. Helfer The origins of international human rights regimes: democratic delegation in post-war Europe, Andrew Moravcsik. Part II Human Rights Discourse and Domestic Norms: The constitutionalization of human rights in Argentina: problem or promise, Janet Koven Levit The justice cascade: the evolution and impact of foreign human rights trials in Latin America, Ellen Lutz and Kathryn Sikkink Justice, accountability, and social reconstruction: an interview study of Bosnia judges and prosecutors, The Human Rights Center and the International Human Rights Law Clinic, University of California, Berkeley, and the Centre for Human Rights, University of Sarajevo Complementarity in practice: the international criminal court as part of a system of multi-level global governance in the Democratic Republic of Congo, William Burke-White Reconciliation and revenge in post-apartheid South Africa, rethinking legal pluralism and human rights, Richard A. Wilson. Part III Human Rights Discourse and Social Movements: International law and social movements: challenges of theorizing resistance, Balakrishnan Rajagopal The female inheritance movement in Hong Kong: theorizing the local/global interface, Sally Engle Merry and Rachel Stern Cause lawyering in transnational perspective: national conflict and human rights in Israel/Palestine, Lisa Hajjar. | []
|
|
https://openalex.org/W3094285634 | Human Rights Human Wrongs: In the Scale of Human Conscience | [
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| https://api.openalex.org/works?filter=cites:W3094285634 | The Universal Declaration of Human Rights (UDHR) is the best gift of the United Nations and its main human rights organ, the Human Rights Commission to “We, the Peoples of the World”. But that powerful instrument is often rendered powerless by the behaviour of individuals running the institutions and the states, arguably the most powerful institution conceptualised by human mind so far. In the process, the UN comes under serious criticism and its most important organ which helped give the UDHR was dissolved for “failing to live up to its ideals”. Ironically, the same states and their representatives most instrumental in creating the UN institutions, including the Human Rights Commission first but later vilifying it and leading the campaign for its replacement by the Human Rights Council are now once again attacking it as “hypocritical and self-serving organisation that makes a mockery of human rights” and the most powerful member state feels compelled to walk out of the Council. Where does the world, the UN and “we the peoples” stand in the search for greater freedom from want and fear, better enjoyment of dignity and rights?Travelling through an extraordinary journey of life, academic pursuits and expeditions of professional and diplomatic mountain climbing, including the Chairmanship of the 56th Session of the UN Commission on Human Rights and its 5th Special Session on the Human Rights of the Palestinian People in the Occupied Palestine Territories, Shambhu Ram Simkhada presents a scholarly, diplomatic, advocate and defender perspectives on the contemporary state of human rights and human wrongs in the scale of his own human conscience.
Please note: Taylor & Francis does not sell or distribute the Hardback in India, Pakistan, Nepal, Bhutan, Bangladesh and Sri Lanka. | []
|
|
https://openalex.org/W645859078 | Law, politics and rights : essays in memory of Kader Asmal | [
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| https://api.openalex.org/works?filter=cites:W645859078 | TABLE OF CONTENTS Foreword: A Personal Tribute Albie Sachs Introduction Tiyanjana Maluwa PART I: Human Rights, Democracy and International Criminal Justice in Africa 1. The African Human Rights System for the Protection of Human and Peoples' Rights: Pan-Africanism, Solidarity and Rights Federico Lenzerini 2. Beyond Rhetoric: Ratification of African Human Rights and Human Rights-Related Treaties Tiyanjana Maluwa 3. Who Blinks First?: The International Criminal Court, the African Union and the Problematic of International Criminal Justice Nsongurua Udombana 4. Democratic Governance and Constitutional Restraint of Presidential and Executive Power: The Challenges in Africa Muna Ndulo PART II: Human Rights, the Constitution, Governance and Public Interest Litigation in South Africa and Ireland 5. The South African Human Rights Commission: A Holistic View Obiora Chinedu Okafor 6. The Politics of Provinces and the Provincialisation of Politics Nico Steytler 7. The Urgings of a Friendly Founding Father: Kader Asmal as Amicus Curiae in the South African Judicial Service Commission Case Max du Plessis 8. The Efficacy of Public Interest Litigation in Ireland Gerry Whyte PART III: Right to Self-Determination, Cultural Diversity, and the Politics of International Law-Making and Solidarity 9. A Tale of Two Sacred Trusts: Namibia and Palestine John Dugard 10. Shepherding the Conclusion of Complex International Conventions: The Role of the Chairperson in the Negotiations on Cultural Diversity Abdulqawi Yusuf and Yuki Daijo 11. The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expression and its Operational Guidelines Souheil el Zein 12. Kader Asmal: Reclaiming Human Dignity through International Solidarity Richard Harvey Appendix: Professor Kader Asmal (1934-2011): Academic and Professional Qualifications and Appointments, and Selected Awards, Activities and Publications Index | []
|
|
https://openalex.org/W261719043 | Women's Rights and Islamic Family Law: Perspectives on Reform | [
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"Egypt"
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| https://api.openalex.org/works?filter=cites:W261719043 | Lynn Welchman. Ed. Women's Rights and Family Law: Perspectives on Reform. London-New York: Zed Book Ltd, 2004. Pp. xii+300. Paperback. ISBN I 84277 095 0. No price given. Gender debate in the societies currently oscillates between two poles. On the one hand, the modernists and human rights activists advocate women's rights within the framework of international instruments of human rights whereas, on the other hand, the traditionalists summarily reject the modernist notions of human rights. Any initiative to provide social justice to women and improve their lot is generally dubbed by them as part of the Western agenda aimed at secularizing society. The traditionalists, on the whole, appear to be more or less satisfied with the present state of women's rights in the societies. The fact, however, is that women are among the oppressed segments of humanity, in more or less all countries of the world, including the countries. Women's situation is marred by injustice, oppression and exploitation. There is, therefore, a dire need that serious efforts be made to improve their status especially in societies, for it is indeed a matter of shame that there should be lack of fairness toward women in societies even though Islam had liberated them from wrong and injustice. It is, however, necessary that the agendas for promoting justice for women should primarily draw upon Islam's moral and legal norms as well as the objectives of the Shara'ah. The international instruments of human rights can also serve as an instrument for the achievement of women's rights and there is no harm in benefiting from them as long as they are not inconsistent with the Shara'ah. The book under review attempts to suggest improvements in women's condition in the domain of family law in the framework. It is a part of the project Islamic Family Law: Possibilities of Reform through Internal directed by Professor Abdullah Al-Na'im at the Law and Religion Program at Emory University. The book examines Family Law in Egypt, Palestine and USA. The choice of these countries was perhaps dictated by the fact that they represent three different models of Family Law. Some thematic studies from the perspective of human rights are also a part of the book, which comprises contributions of scholars from different disciplines of social sciences. Apart from Lynn Welchman, the editor, the authors include Essam Fawzy, Penny Johnson, Rema Hammami, Fadwa al-Zabadi, Asifa Quraishi, Najeeba Syeed Miller and Lisa Hajjar. The book is divided into four parts. Part I was written by Essam Fawzi under the title: Muslim Personal Status Law in Egypt: The Current Situation and Possibilities of Reform through International Initiatives (pp. 15-92) It presents a case study of the Personal Status Law in Egypt as well as the social attitudes in vogue there. At the outset the author provides an overview of the efforts made by the Egyptian government for the modernization of family law, then moves on to discuss some contested issues relating to Family Law such as judicial khul', qiw*mah (or the authority of men over women in family life), the wife's right to maintenance in case she works outside home without the husband's consent, polygamous marriages without the consent of the wife, etc. It is pertinent to note that the Personal Status Law of Egypt represents many adaptations with the purpose to improve the status of women. Among the areas where the legislators in Egypt have tried to adapt the Shar*'ah rules are the following: fixing of minimum age for marriage, limitations on the father's absolute authority (wil*yah al-ijb*r), contractual stipulations, and judicial khul'. It is also pertinent to mention that the duly recognised khul' in Law requires the consent of the husband for the grant of khul' at the request of the wife. In other words, khul' is based on the principle of mutual agreement between the spouses. … | [
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https://openalex.org/W2862776179 | Focus: Mission impossible? Strengthening workers' rights in the MENA region is difficult but worth it | [
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| https://api.openalex.org/works?filter=cites:W2862776179 | 8 | International Union Rights | 25/2 FOCUS | TRADE UNION RIGHTS IN THE MENA COUNTRIES Mission impossible? Strengthening workers’ rights in the MENA region is difficult but worth it Every year, when the ITUC launches its Global Rights Index, the MENA region features prominently as ‘the world’s worst region for workers’, with several Arab countries in the Top 10 of the worst scores. These exhibit regular and systematic violations of rights, or no guarantee of rights, partly due to the breakdown of the rule of law: All MENA countries are regularly placed in those categories. Forced labour, state repression, discrimination and the exclusion of migrants from labour law are among the most notorious violations of rights. But less obvious, though not less severe, violations occur on a day-to-day basis. “Is there even such a thing as Arab trade unions?”, is a question I get to hear regularly in my work, coming from Germans or Europeans that I cross, an incredulous look on their faces, ‘that must be really tough’. For sure, the historic path of the labour movement in the region has not been an easy one. From colonial powers to authoritarian one-partystates , workers have been facing difficult circumstances. Arab states have deployed a wide array of strategies to weaken genuine workers’ representation, ranging from open repression to cooption or leadership capture. The evolution of the political economy of the Arab states in the last decades has prevented most trade unions from becoming the strong, vibrant forces effectively protecting workers’ rights and shaping socially just societies that we would all like to see and that would be needed to make progress. The economic situation aggravates this trend: while many Arab states played a role of taking care for the poor to a certain extent following independence, decades of attachment to neoliberal policies – and elite concentration of wealth generated by rents – have since left their mark on the region. Today, unemployment and informal employment are pervasive, inequalities soar and terrorism and armed conflict prevent economic recovery. Social justice was all over the protest banners a few years ago at the height of what has mistakenly been termed as the ‘Arab Spring’, but most workers haven’t even come one step closer to it now. Marginalisation is the norm. Individual workers are marginalised within labour markets – informal workers, migrant workers, young workers, in many cases female workers; entire regions are marginalised within the countries’ economic landscapes. The MENA region as a whole is marginalised in the world economy, and is less integrated into global supply chains than the rest of the world. The obvious exception are the economically affluent Gulf countries, the ‘super-rich’ of the Arab world, who expand their global investments to a worrying extent, given that they may also export extremely difficult working conditions and a ruthless disrespect for workers’ rights. Trade unions in transformation As Friedrich-Ebert-Stiftung, we have been committed to supporting the labour movement worldwide for much of our 90+ years history. We are a close partner of the German trade union movement, of the ITUC and the Global Union Federations, and the same holds true for many of the more than 100 country offices who work closely with trade union centres or sector unions. In the MENA region, FES work first started with reaching out to trade unions in the Maghreb countries back in the 1960s, long before FES offices were opened in Morocco, Tunisia and Algeria in the 1980s and 2000s. The difficult political evolution in the region also took its toll on our trade union work, though. In many cases, we have been much more involved with the wider civil society, though we have mostly been able to maintain a focus on social and labour policies even then. The uprisings in the years following 2010 also brought some changes in the Arab trade union landscape, and a major achievement was made when the Arab Trade Union Confederation (ATUC) was founded in October 2014, providing a new platform for exchange on regional matters for Arab unions, stretching across North Africa, the Gulf and the Arab Middle East, from Mauritania to Palestine. ATUC has stepped up debates on political issues... | [
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https://openalex.org/W4379621550 | Focus: Mission impossible? Strengthening workers' rights in the MENA region is difficult but worth it | [
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"Palestine",
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"Tunisia",
"Morocco"
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| []
| https://api.openalex.org/works?filter=cites:W4379621550 | 8 | International Union Rights | 25/2 FOCUS | TRADE UNION RIGHTS IN THE MENA COUNTRIES Mission impossible? Strengthening workers’ rights in the MENA region is difficult but worth it Every year, when the ITUC launches its Global Rights Index, the MENA region features prominently as ‘the world’s worst region for workers’, with several Arab countries in the Top 10 of the worst scores. These exhibit regular and systematic violations of rights, or no guarantee of rights, partly due to the breakdown of the rule of law: All MENA countries are regularly placed in those categories. Forced labour, state repression, discrimination and the exclusion of migrants from labour law are among the most notorious violations of rights. But less obvious, though not less severe, violations occur on a day-to-day basis. “Is there even such a thing as Arab trade unions?”, is a question I get to hear regularly in my work, coming from Germans or Europeans that I cross, an incredulous look on their faces, ‘that must be really tough’. For sure, the historic path of the labour movement in the region has not been an easy one. From colonial powers to authoritarian one-partystates , workers have been facing difficult circumstances. Arab states have deployed a wide array of strategies to weaken genuine workers’ representation, ranging from open repression to cooption or leadership capture. The evolution of the political economy of the Arab states in the last decades has prevented most trade unions from becoming the strong, vibrant forces effectively protecting workers’ rights and shaping socially just societies that we would all like to see and that would be needed to make progress. The economic situation aggravates this trend: while many Arab states played a role of taking care for the poor to a certain extent following independence, decades of attachment to neoliberal policies – and elite concentration of wealth generated by rents – have since left their mark on the region. Today, unemployment and informal employment are pervasive, inequalities soar and terrorism and armed conflict prevent economic recovery. Social justice was all over the protest banners a few years ago at the height of what has mistakenly been termed as the ‘Arab Spring’, but most workers haven’t even come one step closer to it now. Marginalisation is the norm. Individual workers are marginalised within labour markets – informal workers, migrant workers, young workers, in many cases female workers; entire regions are marginalised within the countries’ economic landscapes. The MENA region as a whole is marginalised in the world economy, and is less integrated into global supply chains than the rest of the world. The obvious exception are the economically affluent Gulf countries, the ‘super-rich’ of the Arab world, who expand their global investments to a worrying extent, given that they may also export extremely difficult working conditions and a ruthless disrespect for workers’ rights. Trade unions in transformation As Friedrich-Ebert-Stiftung, we have been committed to supporting the labour movement worldwide for much of our 90+ years history. We are a close partner of the German trade union movement, of the ITUC and the Global Union Federations, and the same holds true for many of the more than 100 country offices who work closely with trade union centres or sector unions. In the MENA region, FES work first started with reaching out to trade unions in the Maghreb countries back in the 1960s, long before FES offices were opened in Morocco, Tunisia and Algeria in the 1980s and 2000s. The difficult political evolution in the region also took its toll on our trade union work, though. In many cases, we have been much more involved with the wider civil society, though we have mostly been able to maintain a focus on social and labour policies even then. The uprisings in the years following 2010 also brought some changes in the Arab trade union landscape, and a major achievement was made when the Arab Trade Union Confederation (ATUC) was founded in October 2014, providing a new platform for exchange on regional matters for Arab unions, stretching across North Africa, the Gulf and the Arab Middle East, from Mauritania to Palestine. ATUC has stepped up debates on political issues... | [
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https://openalex.org/W3125898846 | Living in Denial: The Application of Human Rights in the Occupied Territories | [
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"display_name": "Orna Ben‐Naftali",
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{
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"display_name": "Yuval Shany",
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| [
{
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{
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{
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"id": "https://openalex.org/C199360897"
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"id": "https://openalex.org/C111919701"
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| [
"West Bank",
"Gaza Strip",
"Gaza",
"Israel"
]
| [
"https://openalex.org/W1987486213",
"https://openalex.org/W1997997297",
"https://openalex.org/W2039346682",
"https://openalex.org/W2056479290",
"https://openalex.org/W2123058973",
"https://openalex.org/W2124986221",
"https://openalex.org/W2141325623",
"https://openalex.org/W2484073366",
"https://openalex.org/W2596445005",
"https://openalex.org/W4211208595",
"https://openalex.org/W4231365182",
"https://openalex.org/W4249525543",
"https://openalex.org/W4254274246"
]
| https://api.openalex.org/works?filter=cites:W3125898846 | Abstract Are human rights norms applicable to occupied territories in general, and to the West Bank and the Gaza Strip in particular? The article examines the controversy that had arisen between Israel and the UN treaty monitoring bodies in relation to this question and critically analyzes Israel's three objections to such applicability: 1) the mutual exclusivity of humanitarian regime and human rights regime in occupied territories, the former being thus the only applicable law; 2) a restrictive interpretation of the jurisdictional provisions treaties; and 3) the lack of effective control in some of the territories. The article posits that the universal object and purpose of human rights treaties, which inform the proper interpretation of their jurisdictional clauses, require their applicability in all territories subject to the effective control of the state parties, as well as to other extra-territorial exercises of government power directly affecting individuals. Consequently, international human rights law and international humanitarian law apply in occupied territories in parallel and not to the exclusion of one another. This position is confirmed by extensive practice of the international human rights monitoring bodies, the International Court of Justice (ICJ), and by some decisions of the Israeli Supreme Court. In conclusion, the paper posits that Israel's refusal to apply the six principal human rights treaties to which it is party to the Occupied Territories is incompatible with its international law obligations and proceeds to propose modalities for the co-application of both human rights and humanitarian law in occupied territories. | [
{
"display_name": "Israel Law Review",
"id": "https://openalex.org/S181618396",
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|
|
https://openalex.org/W1983294232 | The Rhetoric of Maps: International Law as a Discursive Tool in Visual Arguments | [
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{
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"display_name": "Christine Leuenberger",
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| [
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{
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{
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{
"display_name": "Persuasion",
"id": "https://openalex.org/C2781310500"
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{
"display_name": "International law",
"id": "https://openalex.org/C55447825"
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{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
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{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
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{
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"id": "https://openalex.org/C138885662"
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{
"display_name": "Linguistics",
"id": "https://openalex.org/C41895202"
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| [
"West Bank",
"Israel"
]
| []
| https://api.openalex.org/works?filter=cites:W1983294232 | Abstract This article was presented at the workshop on “Borders and Human Rights,” College of Law & Business, Ramat Gan, Israel. Notions of human rights as enshrined in international law have become the “idea of our time”; a “dominant moral narrative by which world politics” is organized; and a powerful “discourse of public persuasion.” Tony Evans, International Human Rights Law as Power/Knowledge , 27 (3) H UM . R TS . Q. 1046 (2005); Meg McLagan, Human Rights, Testimony, and Transnational Publicity , 2 (1) S CHOLAR & F EMINIST O NLINE 1 (2003), available at http://www.barnard.edu/ps/printmmc.htm ; Wendy S. Hesford, Human Rights Rhetoric of Recognition , 41 (3) R HETORIC S OC . Q. 282 (2011). With the rise of human rights discourse, we need to ask, how do protagonists make human rights claims? What sort of resources, techniques, and strategies do they use in order to publicize information about human rights abuses and stipulations set out in international law? With the democratization of mapping practices, various individuals, organizations, and governments are increasingly using maps in order to put forth certain social and political claims. This article draws on the sociology of knowledge, science studies, critical cartography, cultural studies, and anthropological studies of law in order to analyze how various international, Palestinian, and Israeli organizations design maps of the West Bank Barrier in accord with assumptions embedded within international law as part of their political and new media activism. Qualitative sociological methods, such as in-depth interviewing, ethnography, and the collection of cartographic material pertaining to the West Bank Barrier, provide the empirical tools to do so. The maps examined here exemplify how universalistic notions of international law and human rights become a powerful rhetorical tool to make various and often incommensurable social and political claims across different maps. At the same time, international human rights law, rather than dictating local mapping practices, becomes inevitably “vernacularized” and combined with local understandings, cultural preferences, and political concerns. | [
{
"display_name": "Law & Ethics of Human Rights",
"id": "https://openalex.org/S28304174",
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https://openalex.org/W2475552236 | Israel and the United Nations' Human Rights Agenda: The Inequality of Nations Large and Small | [
{
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"display_name": "Anne F. Bayefsky",
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| [
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"id": "https://openalex.org/C2777596936"
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{
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{
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"id": "https://openalex.org/C46295352"
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"id": "https://openalex.org/C94625758"
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{
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"id": "https://openalex.org/C86615163"
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{
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"id": "https://openalex.org/C138147947"
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{
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"id": "https://openalex.org/C543595228"
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{
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"id": "https://openalex.org/C192562157"
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{
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"id": "https://openalex.org/C22299250"
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"id": "https://openalex.org/C138921699"
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"id": "https://openalex.org/C3116431"
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"id": "https://openalex.org/C2991800021"
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{
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"id": "https://openalex.org/C41895202"
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{
"display_name": "Philosophy",
"id": "https://openalex.org/C138885662"
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| [
"West Bank",
"Gaza Strip",
"Gaza",
"Israel"
]
| []
| https://api.openalex.org/works?filter=cites:W2475552236 | The Charter of the United Nations proclaims the equality of nations large and small. Nowhere is this principle violated more than in the case of Israel. And nowhere is the inequity more malevolent than in the U.N. human rights system. Reasonable and equitable treatment of a multiplicity of human rights claims throughout the world ought to be one of the hallmarks of United Nations actions. It is not. Instead, for Israel's foes human rights is the rhetorical weapon of choice. And the stage for their campaign is the United Nations. Neither the medium, nor the strategy has changed since the signing of the Oslo Declaration of Principles or the subsequent agreements on the West Bank and Gaza Strip. To well-meaning human rights advocates around the world the United Nations provides a source of hope, a channel for their energies, a vehicle for their causes. Their very presence invests the U.N. human rights fora with an air of legitimacy and an aura of power. The environment is beguiling both to observers and political participants. But looking beyond the hundreds of resolutions, the thousands of pages of paper in six languages, it is possible to expose the malignant nature of the United Nations human rights system. | [
{
"display_name": "Israel Law Review",
"id": "https://openalex.org/S181618396",
"type": "journal"
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]
|
|
https://openalex.org/W2207379264 | The Arab-Palestinian Community in Israel: A Test Case for Collective Rights under International Law | [
{
"affiliations": [],
"display_name": "Yousef T. Jabareen",
"id": "https://openalex.org/A5031609940"
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| [
{
"display_name": "Minority rights",
"id": "https://openalex.org/C2776427498"
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{
"display_name": "Indigenous rights",
"id": "https://openalex.org/C2776001114"
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{
"display_name": "Indigenous",
"id": "https://openalex.org/C55958113"
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{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
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{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
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{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
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{
"display_name": "Linguistic rights",
"id": "https://openalex.org/C543595228"
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{
"display_name": "Fundamental rights",
"id": "https://openalex.org/C95691615"
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{
"display_name": "International law",
"id": "https://openalex.org/C55447825"
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{
"display_name": "Autonomy",
"id": "https://openalex.org/C65414064"
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{
"display_name": "Minority group",
"id": "https://openalex.org/C2779105887"
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{
"display_name": "Cultural rights",
"id": "https://openalex.org/C2780339416"
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{
"display_name": "Right to property",
"id": "https://openalex.org/C22299250"
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{
"display_name": "Sociology",
"id": "https://openalex.org/C144024400"
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{
"display_name": "Ethnic group",
"id": "https://openalex.org/C137403100"
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{
"display_name": "Ecology",
"id": "https://openalex.org/C18903297"
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{
"display_name": "Biology",
"id": "https://openalex.org/C86803240"
}
]
| [
"West Bank",
"Gaza",
"Israel"
]
| []
| https://api.openalex.org/works?filter=cites:W2207379264 | INTRODUCTIONThe granting of collective rights to various minority groups, such as national or indigenous minorities, is one of the central tenants of international minority rights law. Whereas individual rights are guaranteed to each member of a group as an individual,1 collective rights apply to minority groups that are set apart from the majority and therefore derive their power from group differentiation.2 In order to realize collective rights, the state must implement permanent or semi-permanent special measures; these measures assure appropriate protection of a minority group's unique and often fragile identity and interests.3 While the specific rights vary depending upon the nature of the group, they are generally conferred upon a minority due to its uniqueness as a group.4 Such rights, including group-based autonomy, enable such groups to preserve their identities and to grow and develop as a collective.5 Therefore, recognition of these rights is a key demand of such groups and this is reflected in international legal standards.6Recent international instruments-particularly the 1992 U.N. Declaration on Minorities and the 2007 U.N. Declaration on the Rights of Indigenous Peoples-have greatly expanded and enhanced the understanding of minority rights.7 The Arab-Palestinian minority in Israel-some twenty percent of the country's citizens-constitutes a substantial national and indigenous minority.8 Like other minorities globally, the Arab-Palestinian indigenous minority in Israel has used these international documents to guide its own thinking about suitable frameworks for its personal minority accommodation as citizens of a state that define themselves as Jewish.9 This is primarily illuminated by a series of internal documents that clarify the Arab-Palestinian's vision for itself as a collective.10 Aligning with the tenets of current international rights discourse, full realization of the Arab-Palestinian community's vision for its future hinges on the granting of collective rights.11This Article argues for the need to promote individual and group-based equality for the Arab-Palestinian minority in Israel. Part I offers an introductory description of the Arab-Palestinian minority in Israel, placing this minority in the context of the current international rights regime. Part II summarizes the current international law regime concerning indigenous minorities and its relation to Arab-Palestinians specifically. Part III then analyzes the particular special rights demands made by the Arab-Palestinian community. Part IV concludes.I. THE UNIQUE CASE OF PALESTINIANS WITHIN ISRAELHistorically, all Palestinians share the same ethnic and cultural background.12 Palestinians currently living in historical Palestine13 may be divided into three broad groups that each live under three different legal and political systems.14 These groups are: (1) stateless Palestinians living in the West Bank and Gaza under a mixture of Israeli military rule and self-rule; (2) Palestinian Jerusalemites, or Palestinian residents of Israeli-occupied and annexed East Jerusalem; and (3) Palestinians living in Israel-minority citizens in Israel since the 1948 war.15 This final group will be the focus of this Article.In the aftermath of 1948, nearly 160,000 Arab-Palestinians found themselves within the borders of the newly established State of Israel.16 They, like a lot of their relatives outside of Israel's borders, were not only stunned by the Arab defeat but also left without national, political, and societal leadership.17 This group's size has doubled roughly nine times since 1948, totaling about 1.4 million today;18 though its percentage in relation to the total Israeli population has remained consistently at about eighteen percent.19 Arab-Palestinians, a substantial native, linguistic, religious, and national minority, have consistently resided in three main geographical areas within Israel: the Galilee and Triangle regions in the north and center of the country and the Naqab in the south. … | [
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"id": "https://openalex.org/S195386071",
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|
|
https://openalex.org/W2955147538 | Protecting Palestinian minor detainees: a fragile category in a border area between international humanitarian law and human rights | [
{
"affiliations": [],
"display_name": "Maria Grazia Rutigliano",
"id": "https://openalex.org/A5081480744"
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| [
{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
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{
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"id": "https://openalex.org/C3018316026"
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{
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"id": "https://openalex.org/C199539241"
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{
"display_name": "International humanitarian law",
"id": "https://openalex.org/C2778573023"
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{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
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{
"display_name": "Minor (academic)",
"id": "https://openalex.org/C2779760435"
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{
"display_name": "International law",
"id": "https://openalex.org/C55447825"
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{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
},
{
"display_name": "Economic Justice",
"id": "https://openalex.org/C139621336"
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{
"display_name": "Palestine",
"id": "https://openalex.org/C114362828"
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{
"display_name": "History",
"id": "https://openalex.org/C95457728"
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{
"display_name": "Ancient history",
"id": "https://openalex.org/C195244886"
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]
| [
"West Bank",
"Israel"
]
| []
| https://api.openalex.org/works?filter=cites:W2955147538 | Israeli military justice system in the West Bank and international law. The applicability of international humanitarian law in the West Bank. The applicability of human rights law in the West Bank. Unprotected Palestinian minor detainees from the West Bank. | []
|
|
https://openalex.org/W2085565057 | Human Rights in the West Bank and Gaza: Legacy and Politics (review) | [
{
"affiliations": [],
"display_name": "Brian Walsh",
"id": "https://openalex.org/A5022551200"
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| [
{
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"id": "https://openalex.org/C169437150"
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{
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"id": "https://openalex.org/C94625758"
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{
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"id": "https://openalex.org/C199539241"
},
{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
},
{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
},
{
"display_name": "Context (archaeology)",
"id": "https://openalex.org/C2779343474"
},
{
"display_name": "Fundamental rights",
"id": "https://openalex.org/C95691615"
},
{
"display_name": "International law",
"id": "https://openalex.org/C55447825"
},
{
"display_name": "Sociology",
"id": "https://openalex.org/C144024400"
},
{
"display_name": "History",
"id": "https://openalex.org/C95457728"
},
{
"display_name": "Archaeology",
"id": "https://openalex.org/C166957645"
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]
| [
"West Bank",
"Gaza",
"Israel"
]
| []
| https://api.openalex.org/works?filter=cites:W2085565057 | Reviewed by: Human Rights in the West Bank and Gaza: Legacy and Politics Brian Walsh (bio) Human Rights in the West Bank and Gaza: Legacy and Politics, by Ilan Peleg (Syracuse, NY: Syracuse Univ. Press, 1995), 191 pp. Reconsidering the Israeli-Palestinian Conflict and Human Rights Israel’s conflict with its Arab neighbors has provided international relations scholars with an abundance of topics and material. Much of this literature has addressed the military, religious, historical, and territorial aspects of this conflict. Ilan Peleg has adopted a different analytical approach, which places the Israeli-Palestinian conflict within a human rights context. This approach demonstrates that the Israeli-Palestinian conflict still holds profound insights into the study of human rights and international law. Through a careful analysis of the origins of human rights abuses and the Israeli responses, Human Rights in the West Bank and Gaza: Legacy and Politics highlights the legal and political dilemmas that states face when attempting to balance perceived political and security needs with internationally recognized legal norms and human rights standards. Throughout the twentieth century, members of the international community have established legal norms designed to protect civilian populations during military combat and while under occupation. Since the end of World War II, these protections have expanded to include a wide variety of human rights. These more recent rights are intended primarily to protect citizens from abuse by their own government. By integrating these two legal traditions and evaluating the Israeli occupation, Peleg demonstrates the complementary relationship of these two aspects of international law. As a long-term occupier of the West Bank and Gaza, Israel has assumed a dual role, as an occupier and as a government. In these roles, Israel is bound by the laws of war and human rights standards. In addition to analyzing a practical application of legal and human rights standards, the Israeli-Palestinian conflict provides the foundation for the argument that the traditional laws of war, which were written to cover relatively short occupations, are inadequate to protect civilian populations living under long-term occupations. Peleg subtly suggests that a new set of legal standards must be established to deal with cases of lengthy occupation. These new legal standards would incorporate pertinent aspects of the laws governing the conduct of war, especially those rules intended to protect civilians, and widely accepted human rights standards. Before drawing such a conclusion, Peleg establishes the applicable legal standards and describes the political landscape of the Israeli-Palestinian conflict. The first chapter provides a clear, but not oversimplified, historical description of the Israeli-Palestinian conflict. [End Page 907] Throughout the book, Peleg keeps the political and historical context of the conflict in perspective. By doing so, he provides a thorough historical outline of the conflict. In addition to this outline, the first chapter contains a summary of the applicable legal and human rights documents, which include the Fourth Geneva Convention, the 1907 Hague Regulations, and the 1948 Universal Declaration of Human Rights. Throughout the remaining chapters, Peleg relies upon the legal and historical framework established in the first chapter. This framework is maintained throughout the discussion of the phases of Israel’s settlement policy in the West Bank and Gaza. According to Peleg, settlement activity in the Occupied Territories is a primary cause of widespread human rights violations in the years preceding the Intifada. No other Israeli policy had such a profoundly negative impact on human rights in the Occupied Territories. In addition to antagonizing the Arab population, the settlement activity in the West Bank and Gaza brought many radical Israeli Jews into close proximity with these same antagonized Arabs, thereby generating intense, unrelenting, and often violent conflict. The Israeli government responded to this conflict and the accompanying domestic political pressure by tightening its security measures in the Occupied Territories, further heightening tensions. Such action inevitably led to a rapid erosion of human rights. The deterioration of human rights in the years preceding the Intifada can be traced to the aggressive settlement policy conducted by radical Israeli Jews and supported by the conservative Likud government. Three of the most widely criticized Israeli responses to the heightened Israeli-Palestinian tensions and the Intifada—deportation, house demolition... | [
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|
|
https://openalex.org/W3171049796 | “Good Words Have Become the Servants of Evil Masters” | [
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| https://api.openalex.org/works?filter=cites:W3171049796 | This chapter examines how the onset of the Israeli occupation of the West Bank and Gaza Strip after 1967 impacted Jewish internationalism. Soviet and Arab diplomats created biased UN committees to investigate Israeli human rights abuses in the territories and waged wars of delegitimization against Israel throughout international organizations. By the time the UN declared Zionism was a form of racial discrimination in 1975, Jewish internationalists dismissed the forum as a new progenitor of antisemitism and a poisoned partner for international human rights. This politicization finally forced them to begin thinking about what human rights beyond law and institutions might look like. But even they tried to broaden their activity beyond the UN, they found the Palestinian question dogged them everywhere they turned. Finally, the chapter argues that while Israel was central to politicized processes within the UN, it was irrelevant and marginal to the expansion of human rights outside international forums in the 1970s. Jewish professionals cared about Israel’s human rights record, but most human rights activists did not – at least not until the First Intifada in 1987 began to cement Israel as the chief enemy of the human rights movement, long after Jews had left its vanguard. | [
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https://openalex.org/W2475512377 | Introduction: Theatre and the Rise of Human Rights | [
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| https://api.openalex.org/works?filter=cites:W2475512377 | It may be that, in keeping with global political aspirations, the twenty-first century will become the century of human rights.1 As many voices advocate as oppose such an aspiration, and the worlds of theatre and performance are no exception: the empowering qualities of theatre have been acknowledged by many, especially in relation to vulnerable communities.2 In the wake of the human rights legislation that emerged after World War II and the United Nations’ 1948 Universal Declaration of Human Rights, theatre and performance artists have increasingly promoted specific human rights issues in their work and sought to establish special ties with various forms of human rights advocacy.3 The theatre artists who are connected with human rights are myriad, and some of the most celebrated include Augusto Boal (Brazil), renowned for his ‘Theatre of the Oppressed’ practices; Ariel Dorfman (Argentina); Athol Fugard and Yael Farber (South Africa); Václav Havel (Czech Republic); Harold Pinter (Great Britain); Nawal El Sadaawi (Egypt); Farzaneh Aghaeipour (Iran); Marcie Rendon and Cherrie Moraga (United States); Mangai (India); Nighat Rizvi, Madeeha Gauhar and Shahid Nadeem (Pakistan); and Juliano Mer Khamis, who was murdered in 2011 outside his theatre in the Palestinian refugee camp in Jenin, on the West Bank. | [
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https://openalex.org/W1941272225 | Living in Denial: The Application of Human Rights in the Occupied Territories | [
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| https://api.openalex.org/works?filter=cites:W1941272225 | Are human rights norms applicable to occupied territories in general, and to the West Bank and the Gaza Strip in particular? The article examines the controversy that had arisen between Israel and the UN treaty monitoring bodies in relation to this question and critically analyzes Israel's three objections to such applicability: 1) the mutual exclusivity of humanitarian regime and human rights regime in occupied territories, the former being thus the only applicable law; 2) a restrictive interpretation of the jurisdictional provisions treaties; and 3) the lack of effective control in some of the territories. The article posits that the universal object and purpose of human rights treaties, which inform the proper interpretation of their jurisdictional clauses, require their applicability in all territories subject to the effective control of the state parties, as well as to other extra-territorial exercises of government power directly affecting individuals. Consequently, international human rights law and international humanitarian law apply in occupied territories in parallel and not to the exclusion of one another. This position is confirmed by extensive practice of the international human rights monitoring bodies, the International Court of Justice (ICJ), and by some decisions of the Israeli Supreme Court. In conclusion, the paper posits that Israel's refusal to apply the six principal human rights treaties to which it is party to the Occupied Territories is incompatible with its international law obligations and proceeds to propose modalities for the co-application of both human rights and humanitarian law in occupied territories. | [
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https://openalex.org/W2899396961 | Is the Age of Human Rights Really Over? The Right to Education in Africa – Domesticization, Human Rights-Based Development, and Extraterritorial State Obligations | [
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| https://api.openalex.org/works?filter=cites:W2899396961 | It has recently been suggested that the age of human rights is over. The West, itself often not respecting human rights, is said to have abused the concept as a tool to retain control over the developing world. Human rights have remained a foreign construct in Africa, the Near East, and Asia. They have “underperformed,” and the level of privation in many parts of the world is more intense than ever. This Article acknowledges elements of truth in these observations, but argues that the battle for human rights is not lost. Using the right to education in Africa as an example, three arguments will be presented to explain how human rights can regain their moral cogency and actually help change a world of misery for the better. First, human rights need to be “domesticized,” made “home-grown” achievements with which local populations can identify. Regional human rights institutions need to give specificity to universal norms. These “locally-owned” norms must then be effectively enforced. Second, pure “development goal” approaches to reducing global poverty need to be debunked. Instead, a human rights approach needs to identify clear duty-bearers, including notably the World Bank, who, when they have failed to comply with specified duties, should be considered “human rights violators” and held accountable accordingly. Third, and perhaps most importantly, human rights must be recognized to give rise to extraterritorial state obligations. These are obligations of states, in appropriate circumstances, to respect, protect, and fulfill the human rights of those beyond their own territory. The extraterritorial human rights obligations of states must structure bilateral development assistance and cooperation, the lending operations of the International Monetary Fund and the World Bank, and free trade within and beyond the World Trade Organization (here, meaning the General Agreement on Trade in Services and the Agreement on Trade-Related Aspects of Intellectual Property Rights). | [
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https://openalex.org/W3196238366 | Is the Age of Human Rights Really Over? The Right to Education in Africa – Domesticization, Human Rights-Based Development, and Extraterritorial State Obligations | [
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| https://api.openalex.org/works?filter=cites:W3196238366 | It has recently been suggested that the age of human rights is over. The West, itself often not respecting human rights, is said to have abused the concept as a tool to retain control over the developing world. Human rights have remained a foreign construct in Africa, the Near East, and Asia. They have “underperformed,” and the level of privation in many parts of the world is more intense than ever. This Article acknowledges elements of truth in these observations, but argues that the battle for human rights is not lost. Using the right to education in Africa as an example, three arguments will be presented to explain how human rights can regain their moral cogency and actually help change a world of misery for the better. First, human rights need to be “domesticized,” made “home-grown” achievements with which local populations can identify. Regional human rights institutions need to give specificity to universal norms. These “locally-owned” norms must then be effectively enforced. Second, pure “development goal” approaches to reducing global poverty need to be debunked. Instead, a human rights approach needs to identify clear duty-bearers, including notably the World Bank, who, when they have failed to comply with specified duties, should be considered “human rights violators” and held accountable accordingly. Third, and perhaps most importantly, human rights must be recognized to give rise to extraterritorial state obligations. These are obligations of states, in appropriate circumstances, to respect, protect, and fulfill the human rights of those beyond their own territory. The extraterritorial human rights obligations of states must structure bilateral development assistance and cooperation, the lending operations of the International Monetary Fund and the World Bank, and free trade within and beyond the World Trade Organization (here, meaning the General Agreement on Trade in Services and the Agreement on Trade-Related Aspects of Intellectual Property Rights). | [
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https://openalex.org/W2010253689 | Redefining Human Rights in the Struggle for Peace and Development by Terrence E. Paupp | [
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| https://api.openalex.org/works?filter=cites:W2010253689 | Reviewed by: Redefining Human Rights in the Struggle for Peace and Development by Terrence E. Paupp Dustin N. Sharp (bio) Terrence E. Paupp, Redefining Human Rights in the Struggle for Peace and Development ( Cambridge University Press, 2014), ISBN: 978-1-107-66931-4, 561 Pages. The so-called “third-generation” rights to peace and development have not always received a warm reception in the liberal west, having been met with confusion, indifference, and sometimes even outright hostility and derision.1 The right to development in particular had a difficult birth, coming at a time when the ideology of neoliberalism and the Washington Consensus were rapidly gaining momentum, making a gospel out of deregulation, privatization, elimination of subsidies, free trade, and laissez-faire capitalism more generally. In 1986, the United States famously cast the solitary lone vote against the United Nations Declaration on the Right to Development (with many European donor states choosing to abstain).2 In the nearly 30 years that have followed, the United States and many of its allies have continued to foreground the importance of liberté in matters of international human rights law, while the questions of egalité and fraternité so central to the realization of the right to development have been largely pushed to the margins. Yet in the global South, the legal significance and moral necessity of the right to development are all but taken for granted. To many, the gap between the global North and South in this and other matters only reinforces the notion that international law and its associated institutional machinery were made for and by the liberal West, and do little to serve the interests of the non-Western “other,” perhaps even by design. The right to development then joins a chorus of other international legal principles—sovereign equality, self-determination, economic cooperation—that have been underemphasized and marginalized by the dominant (read Western) currents in international law. [End Page 249] For Terrence Paupp, closing the gulf that separates these worldviews—and bringing questions of egalité and fraternité into the foreground—is of immense consequence to the future of human rights. The lack of importance often accorded to the right to development (and to peace and the environment, which receive a less detailed treatment in the book) forces us to ask hard questions about the relevance of the mainstream human rights regime to the problems and suffering of a twenty-first century humanity facing threats—crushing poverty, rising inequality, pervasive structural violence, ecological collapse—that elude protections of earlier generations of human rights, rooted as they were in the paradigms of a state-based and mercantilist world that has long been eclipsed by the forces of globalization. In this struggle, Paupp rejects facile distinctions between law and politics, and largely eschews historic debates about the vagueness, legal status, justiciability, or enforceability of the right to development. In Paupp’s view, human rights law, as much as international trade law, is a terrain for moral, legal, political, and ideological struggle. And whatever its legal status—the right to development is regarded by many as no more than “soft law”3—this has little do to with its transcivilizational legitimacy, or whether it is actually a useful construct for achieving important humanitarian objectives. There are therefore obvious tensions between the law’s redemptive and emancipatory possibilities and the fact that it is also the product of and expression of dominant power relations, something Paupp explores in a distinction he makes between the “power of law” and the “law of power.”4 While these tensions can never be fully reconciled, Paupp argues that to be realized, rights to peace and development must be enshrined as global constitutional directive principles, rooted as much in a new global ethics as in law or politics.5 Paupp presents the ongoing struggle for the realization of the rights to peace and development as a sort of Manichean battle pitting a hegemonic and monolithic West—with the United States, Word Trade Organization, World Bank, International Monetary Fund, Wall Street, and US Treasury as its collective spearhead—against the Rest. Realizing the rights to peace and development would appear to require nothing short of revolution, or at least a fundamental... | [
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https://openalex.org/W2737348319 | The enforcement of state obligations to respect and ensure human rights in international law | [
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| https://api.openalex.org/works?filter=cites:W2737348319 | Content: I. The nature and form of international law 1. The acceptance of the existence of an international legal order 2. The legal position of the individual in international law II. Obligations of states in the protection of international human rights 1. Treaty-based human rights obligations 2. The nature of treaty-based human rights obligations 3. The ”absolute” and ”objective” character of human rights treaty obligations 4. Human rights conventions as self-contained regimes 5. The problem of characterisation of human rights obligations of states III. Human rights obligations arising from general principles of international law 1. Obligations erga omnes and human rights norms 2. The outlawing of genocide as obligation erga omnes 3. Protection from slavery as obligation erga omnes 4. The outlawing of acts of aggression as obligation erga omnes 5. Protection from racial discrimination as obligation erga omnes 6. The basic rights of the human person as obligation erga omnes 7. Jus Cogens and the search for peremptory norms of human rights 8. International crimes and human rights norms 9. The relationship between the concepts: erga omnes, jus cogens, international crime and human rights IV. International instruments for the coercive enforcement of state obligations to ‘respect and ensure’ human rights 1. Countermeasures as consequences of breach of treaties in international law 2. Application of reprisals for the enforcement of treaty-based human rights obligations 3. Intervention for the protection of human rights in international law 4. Intervention by the Security Council for the protection of human rights: the situation before the East-West detente 5. Humanitarian intervention after the end of the Cold War 6. The legal nature of ECOWAS intervention in the Liberian Civil War 7. The legality of NATO’s intervention in Kosovo 8. Some instances of intervention with mixed motives V. Non-forceful measures for the enforcement of states’ human rights obligations 1. Economic and financial pressure as means of enforcing states’ obligation to respect and observe human rights 2. The application of the clausula rebus sic stantibus for the protection of human rights 3. The enforcement of human rights through the World Bank 4. The enforcement of human rights through the ILO 5. Diplomatic recognition as an instrument for securing a state's respect and promotion of human rights 6. Refusal to comply with an extradition agreement as a means of enforcing a state’s human rights obligations 7. Denial of immunity as a means of enforcing a state’s human rights obligations 8. Publicity as an instrument for the enforcement of human rights VI. Judicial enforcement of state obligations to ‘respect and ensure’ human rights 1. Enforcement of human rights through International Criminal Tribunals 2. The International Criminal Tribunal for Yugoslavia 3. The International Criminal Tribunal for Rwanda 4. The International Special Court of Sierra Leone Resume | []
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https://openalex.org/W4389095267 | Involving South Africa’s Human Rights Commission in environmental protection: <i>South African Human Rights Commission v Msunduzi Local Municipality</i> | [
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| https://api.openalex.org/works?filter=cites:W4389095267 | AbstractSection 24 of the Constitution of the Republic of South Africa, 1996, provides that everyone has a right to an environment that is not harmful to their health or well-being. However, the protection of the environment faces challenges, such as the failure of municipalities to provide safe and sufficient drinking water, regularly collect waste and effectively deal with the spillage of sewage into water courses, amongst others. The imminent collapse of local government, which impacts all social, environmental and economic aspects of sustainability, intensifies these failures. Several mechanisms help ensure that municipalities fulfil their constitutional and legislative obligations – including those related to the protection of substantive and procedural environmental rights enshrined in the Constitution. Among these are civil protests and judicially ordered provincial interventions into failing municipalities. However, little attention has been paid to the role of Chapter 9 institutions in ensuring that local government respects, protects, promotes and fulfils its environmental rights obligations. Drawing on a mix of literature and the recently decided South African Human Rights Commission v Msunduzi Local Municipality case, this contribution advances the argument that the South African Human Rights Commission has vast potential to help protect and fulfil s 24 of the Constitution and also that litigation seems inevitable in propelling specific action. The authors also consider the interpretation of the constitutional environmental right and the use of structural interdicts in the case of breaches.Keywords: South African Human Rights Commissionenvironmental rightslocal governmentenvironmental lawChapter 9 institutionsstructural interdict AcknowledgementsThe authors thank the National Research Foundation, whose funding through the South African Research Chair in Cities, Law and Environmental Sustainability (grant number 115581) made this contribution possible. All errors and viewpoints are, however, the authors’ own.Disclosure statementNo conflict of interest was declared by the authors.Notes1 See United Nations Human Rights Council The Human Right to a Clean, Healthy and Sustainable Environment (8 October 2021).2 See, for instance, DR Boyd The Environmental Rights Revolution: a Global Study of Constitutions, Human Rights, and the Environment (2011); JR May & E Daly Human Rights and the Environment: Legality, Indivisibility, Dignity and Geography (2019); E Daly ‘Constitutional protection for environmental rights: The benefits of environmental process’ (2012) 17 International Journal of Peace Studies 71; R Mwanza ‘The relationship between the principle of sustainable development and the human right to a clean and healthy environment in Kenya’s legal context: An appraisal’ (2020) 22 Environmental Law Review 184; CB Soyapi ‘The courts and the constitutional right to a clean and healthy environment in Uganda’ (2019) 28 Review of European Comparative & International Environmental Law 152.3 The impact of this right on the subsequent development of environmental law and governance in South Africa has been extensively explored over the years. See, for example, L Feris ‘Constitutional environmental rights: An under-utilised resource’ (2008) 24 South African Journal on Human Rights 29; AA du Plessis ‘South Africa’s constitutional environmental right (generously) interpreted: What is in it for poverty?’ (2011) 27 South African Journal on Human Rights 279; M Kidd ‘Environmental rights’ (1996) 7 South African Human Rights Yearbook 102; J Glazewski ‘Environmental justice and the new South African democratic legal order’ (1999) Acta Juridica 1; ON Fuo ‘The transformative potential of the constitutional environmental right overlooked in Grootboom’ (2013) 34 Obiter 77; and LJ Kotzé ‘The judiciary, the environmental right and the quest for sustainability in South Africa: A critical reflection’ (2007) 16 Review of European Community & International Environmental Law 298.4 Section 24(a) of the Constitution.5 Section 24(b)(i) of the Constitution.6 These challenges have been noted by the courts in various cases, including Unemployed Peoples Movement v Eastern Cape Premier 2020 3 SA 562 (ECG). See J Wright, F Dube & A du Plessis ‘Judicial enforcement of mandatory provincial interventions in municipalities in South Africa’ (2022) 55 Verfassung und Recht in Übersee/World Comparative Law 105 for a discussion.7 Electoral Commission of South Africa v Minister of Cooperative Governance and Traditional Affairs 2022 5 BCLR 571 (CC) para 195.8 See Unemployed Peoples Movement (note 6 above); Coetzee v Premier, Mpumalanga Province Case No: 2799/2017 (unreported), Featherbrooke Homeowners Association NPC v Mogale City Local Municipality 11292/2020; Kgetlengrivier Concerned Citizens v Kgetlengrivier Local Municipality [2020] ZANWHC 95; Kgetlengrivier Concerned Citizens v Kgetlengrivier Local Municipalities [2020] ZANWHC 9.9 Ibid.10 See, for example, SAHRC ‘Final report of the Gauteng provincial inquiry into the sewage problem of the Vaal River’ (17 February 2021).11 For an exposition of judicially ordered provincial interventions into failing municipalities, see in general L Chamberlain & T Masiangoako ‘Third time lucky? Provincial intervention in the Makana Local Municipality’ (2021) 138 South African Law Journal 423. For a discussion on civil protest action in local government, see M Stoffels & A du Plessis ‘Piloting a legal perspective on community protests and the pursuit of safe(r) cities in South Africa’ (2019) 34 Southern African Public Law 1.12 The recently decided Sustaining the Wild Coast NPC v Minister of Mineral Resources and Energy [2022] 1 All SA 796 (ECG) is a good case in point.13 Section 181(1) of the Constitution establishes six Chapter 9 institutions: the SAHRC, the Public Protector, the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, the Auditor-General, and the Electoral Commission.14 For critical analyses of the role of local government in the fulfilment of the constitutional environmental right in the South African context, see AA du Plessis Fulfilment of South Africa’s Constitutional Environmental Right in the Local Government Sphere (2008); AA du Plessis “Local environmental governance” and the role of local government in realising Section 24 of the South African Constitution’ (2010) 21 Stellenbosch Law Review 265; O Fuo ‘Role of courts in interpreting local government’s environmental powers in South Africa’ (2015) Commonwealth Journal of Local Governance 17.15 South African Human Rights Commission v Msunduzi Local Municipality 2021 3 All SA 939 (KZP).16 The site is located on Lot 1853 of the Farm Darvil No 15036 in New England Road, Pietermaritzburg in KwaZulu-Natal.17 Msunduzi (note 15 above) para 14.18 Ibid para 14.19 Ibid para 34.20 The permit to operate the landfill site was issued in terms of the Environmental Conservation Act 73 of 1989, s 20. These minimum standards for the operation of the landfill site were annexed to the SAHRC’s founding papers in Msunduzi (Annexure JBS2) – see para 23 fn 7 of the judgment. Section 20 of the Environmental Conservation Act was repealed by s 81 of the National Environmental Management: Waste Act 59 of 2008, although this did not affect the validity of the permit issued for the operation of the landfill site. Notwithstanding, the Msunduzi Local Municipality successfully applied for a replacement permit, which was issued in the variation licence for all of its activities pertaining to the management and protection of water sources from pollution – see Msunduzi (ibid) paras 29–30.21 Msunduzi (ibid) paras 42, 46, 47, 49.22 The national government conducted meetings, site inspections and engagements with the Msunduzi Local Municipality hoping to secure compliance with applicable environmental legislation to no avail. The Court said that these national engagements were undertaken in terms of the constitutional provision regulating co-operative governance and also in terms of legislation for the monitoring, supervision and oversight of municipalities by the national government (ibid para 42), resulting in the latter issuing a notice of non-compliance in terms of NEMA (para 43).23 See, for example, P Harper ‘Dumpsite fire that smoked out Pietermaritzburg is finally out’ (1 August 2020) Mail & Guardian; L Bhengu ‘Lawsuit threats as Msunduzi landfill fire leaves city under cloud of smoke’ (8 October 2019) Sowetan Live.24 Msunduzi (note 15 above) para 14.25 Ibid para 15.26 Section 38 of the Constitution defines anyone who can approach the courts for relief concerning infringements of the Bill of Rights as a person or persons acting:(a). in their own interests(b). on behalf of another person who cannot at in their own name(c). as a member of, or in the interest of, a group or class of persons(d). in the interest of its members (in the case of an association.)27 National Environmental Management Act 107 of 1998 (NEMA).28 Section 32 of NEMA, titled ‘Legal standing to enforce environmental laws’, provides an extended replica of s 38 of the Constitution by regulating who may litigate in environmental rights matters.29 Msunduzi (note 15 above) para 69.30 National Environmental Management: Waste Act, s 20(b), failure to operate a waste management site without a waste management licence; and s 28(1)-(3), duty of care and obligation to remediate environmental damage.31 NEMA, s 31(L)(4), failure to comply with a notice in terms of this Act.32 National Water Act 36 of 1998, s 19(1), failure to prevent and remediate water pollution.33 According to the Court (Msunduzi (note 15 above) para 81), the municipality’s international obligations arose from the 1981 African Charter on Human and Peoples’ Rights (to which South Africa is a State party), specifically art 16 (right to enjoy the best attainable state of physical and mental health), art 24 (right to a generally satisfactory environment favourable to development), and art 16(2) (duty of a state to take all necessary steps to protect human health); the 1989 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, in particular art 4(2)(c), duty to undertake all appropriate measures to prevent pollution to hazardous waste and all pollution that arises from the management of such waste so as to mitigate impact on the environment and human health; and the 1966 International Covenant on Economic, Social and Cultural Right, art 12, the right to enjoy the standard of physical and mental health.34 Msunduzi (note 15 above) para 85.35 Ibid para 85.36 Ibid paras 86, 88.37 Ibid para 89.38 Section 2(1) and (4)(i)-(viii) of NEMA.39 Msunduzi (note 15 above) paras 88, 89(c).40 The municipality failed to act quickly in several instances, such when a series of fires broke out at the landfill site (ibid para 42). It only responded to a compliance notice after more than a month – see paras 44–45. Even after the response, fires continued to break out at the landfill site – see para 47.41 Ibid para 95. The Court quoted various precedent setting judgments on the duty of organs of state to be exemplary in their compliance with constitutional obligations. These included Merafong Demarcation Forum v President of the Republic of South Africa 2008 10 BCLR 968 (CC); Lesapo v North West Agricultural Bank 1999 12 BCLR 1420 (CC); and MEC for Health, Eastern Cape v Kirland 2014 3 SA 481 (CC).42 Msunduzi (note 15 above) para 96.43 Ibid para 88.44 Local Government: Municipal Systems Act 32 of 2000. The section provides that councillors have a duty to see to it that community members live in a safe and healthy environment and to contribute to the progressive realisation of, inter alia, the constitutional environmental and water rights.45 Constitution, s 24.46 Msunduzi (note 15 above) para 89.47 Ibid para 89.48 See, for example, Du Plessis (note 14 above) and O Fuo & L Feris ‘Environmental rights protected in the Constitution’ in AA du Plessis (ed) Environmental Law and Local Government in South Africa (2021).49 See the discussion in Wright et al (note 6 above).50 This article provides that the state must respect, protect, promote and fulfil the rights in the Bill of Rights.51 This provision states that one of the objects of local government is to promote a safe and healthy environment.52 Msunduzi (note 15 above) para 89.53 Many of the interpretational concerns raised in A du Plessis ‘Adding flames to the fuel: Why further constitutional adjudication is required for South Africa’s constitutional right to catch alight’ (2008) 15 South African Journal of Environmental Law and Policy 57 have not yet been addressed by the Constitutional Court or any other of South Africa’s courts.54 Msunduzi (note 15 above) para 1 of the order.55 Ibid para 2 of the order.56 Ibid para 3.6 of the order.57 Ibid para 3 of the order.58 Structural interdicts require the violator to rectify the breach of a constitutional right under the supervision of the court. The structural interdict typically consists of five elements. I Currie & J de Waal The Bill of Rights Handbook 6 edn (2013) 217–219. See also N Swanepoel ‘Die aanwending van die gestruktureerde interdik in die Suid-Afrikaanse konstitusionele regsbedeling: ’n Eiesoortige beregtingsproses – regte’ (2015) 12 Litnet Akademies 374, 378. The Constitutional Court first acknowledged structural interdicts as a valid and applicable remedy in 1998 in Pretoria City Council v Walker 1998 2 SA 363 (CC), in which it was held that litigants seeking either a declaratory or mandatory order to vindicate a constitutional right could also obtain a court order that the sphere of government in question take appropriate steps as soon as possible to eliminate the violation of rights and to report back to the court in question. P Swanepoel The Potential and Role of Structural Interdicts to Constitute Effective Relief for Socio-Economic Rights Cases (2017) 88–135 analyses a number of historic socio-economic rights cases in which the courts resorted to the structural interdict as a form of relief.59 Msunduzi (note 15 above) para 4 of the order.60 Ibid para 10 of the order.61 Ibid para 4 of the order.62 Ibid para 4 of the order.63 See the extensive discussion of the suitability of structural (supervisory) interdicts in matters involving local government in A du Plessis ‘The judiciary’s role in shaping urban space in South Africa as per the sustainable development goals’ (2018) 24 South African Journal of Environmental Law and Policy 5, 31–37.64 Ibid.65 Ibid.66 For other concerns, see P Swanepoel (note 58 above) 137–147.67 Specifically the principles relating to the status of national institutions.68 Article 3(iv) of the section on competence and responsibilities.69 For more on the SAHRC, see: <https://www.sahrc.org.za>.70 United Democratic Movement v Speaker of the National Assembly 2017 8 BCLR 1061 (CC) para 1.71 R Malherbe & D Barnard Sub-National Constitutional Law in South Africa (2017) 40.72 F Dube ‘Enhancing democratic accountability through constitutionalism in South Africa’ (2019) PhD diss, North-West University 142.73 See the Constitution, s 181(5), which provides that Chapter 9 institutions report to the National Assembly annually. Reporting to the National Assembly does not mean that these institutions are subservient to the legislature – see Dube (ibid) 143.74 Since its inception, the SAHRC has published a number of investigative reports concerning the right to water, farming evictions, and tolerance and diversity, among others. See <https://www.sahrc.org.za/index.php/sahrc-publications/findings> for a list of these findings.75 South African Human Rights Commission v Agro Data CC [2022] ZAMPMBHC.76 Ibid paras 60–61. See also OC Okafor ‘The South African Human Rights Commission: A holistic assessment’ in T Maluwa (ed) Law, Politics and Rights (2014) 162–164.77 Economic Freedom Fighters v Speaker of the National Assembly 2016 3 SA 580 (CC) para 56.78 This corresponds with the view of Malherbe & Barnard (note 71 above) 40, who state with regards to Chapter 9 institutions that: ‘Although all these institutions have a specific role to play to support and promote constitutional democracy, the crucial role that the Auditor-General and the Public Protector play in strengthening good governance and constitutional democracy is emphasized’.79 Agro Data (note 75 above) para 59.80 See, for instance, Agro Data (ibid) para 58.81 Some of the leading cases are South African Human Rights Commission v City of Cape Town [2020] ZAWCHC 84 (interdicting the City of Cape Town from carrying out brutal evictions of vulnerable people in winter at the height of the Covid-19 pandemic); Qwelane v South African Human Rights Commission 2021 6 SA 579 (CC) (interdicting hurtful speech); South African Human Rights Commission v Khumalo [2019] 1 All SA 254 (GJ) (interdicting hate speech). Also see ss 13 and 15 of the South African Human Rights Commission Act 40 of 2013 for more details on the SAHRC’s powers and functions related to its investigations and collection of information.82 See some of the SAHRC’s hearing reports <https://www.sahrc.org.za/index.php/sahrc-publications/hearing-reports>.83 See the outcome of the hearing reports (ibid).84 Malherbe & Barnard (note 71 above) 136.85 For a discussion of the defined jurisdiction of the Commission, see Okafor (note 76 above) 162–163.86 Section 13(1)(a)(i) of the SAHRC Act.87 Section 13(1)(a)(ii) of the SAHRC Act.88 Section 13(1)(a)(iii) of the SAHRC Act.89 Okafor (note 76 above) 164. See, also, Economic Freedom Fighters v Speaker of the National Assembly 2016 3 SA 580 (CC) para 56.90 Also see s 13(1)(a) and (b) of the SAHRC Act in terms of which the Commission may investigate any alleged violation of human rights and after a diligent investigation it may bring the matter to a competent court or tribunal in its own name or on behalf of a person or group of persons.91 Examples include the Australian Territory, New Zealand and Hungary. See further, M Shindo ‘Environmental Ombudsman: Its role in the system of accountability mechanisms for administrative environmental decision making’ in C Voigt (ed) International Judicial Practice on the Environment: Questions of Legitimacy (2019) 391.92 Section 14(a) of the SAHRC Act.93 Section 14(b) of the SAHRC Act.94 While in this contribution we critique the court in the Msunduzi case for not having elaborated more on the meaning and implications of the constitutional environmental right, it should be noted that the mandate and scope of powers of the SAHRC allows (even mandates) it to do significant work in this regard.95 Section 27(1)(b) of the Constitution.96 Articles 3(g) (competence section) and (g) (methods section).Additional informationNotes on contributorsMeeschka DiedericksMeeschka Diedericks postgraduate researcher: South African Research Chair in Cities, Law and Environmental Sustainability, Faculty of Law, North-West UniversityFelix DubeFelix Dube postdoctoral fellow: Department of Public, Constitutional and International Law, College of Law, University of South AfricaAnél du PlessisAnél du Plessis professor of law and National Research Foundation South African Research Chair in Cities, Law and Environmental Sustainability, North-West University | [
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| https://api.openalex.org/works?filter=cites:W193025820 | This work outlines available resources and proposed standards for international NGO fact-finding missions: Chapter One presents an introduction to the issue of NGO fact-finding. Chapter Two discusses the problems caused by the lack of any generally-accepted guidelines for NGO fact-finding, in contrast with contexts where NGOs have achieved consensus. Chapter Three surveys proposed guidelines for human rights and humanitarian NGOs. In addition, this section examines United Nations fact-finding standards, as well as examples of internal fact-finding standards for major NGOs. Chapter Four analyzes the fact-finding standards used in five specific cases: the International Crisis Group (Kosovo, 1999), the Independent International Fact-Finding Mission on the Conflict in Georgia (Georgia, 2008), United Nations Office of the High Commissioner for Human Rights Mapping Exercise on the Democratic Republic of Congo (1993-2003), Conflict Analysis Resource Center/University London study on Amnesty International and Human Rights Watch (Colombia, 1988-2004), and Human Rights Watch (Lebanon, 2006). The final chapter offers conclusions and recommendations. | []
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| https://api.openalex.org/works?filter=cites:W2131950264 | By denying the majority of the Palestinian refugees in Lebanon access to the labour market, Lebanon is violating its obligations under international human rights law. Since the Palestinians are foreigners staying in Lebanon on a non-temporary basis, they are guaranteed the right to work under article 6 in the International Covenant on Economic, Social and Cultural Rights from 1966. Lebanon is also violating the discrimination prohibition in article 26 in the International Covenant on Civil and Political Rights, by denying the Palestinians access to the labour market without presenting “reasonable and objective” arguments. There are however, no effective remedies available to the Palestinians, since Lebanon has not signed the Optional Protocol to the Covenant on Civil and Political Rights and because economic, social and cultural rights lack adequate protection in international law. | []
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"id": "https://openalex.org/C86615163"
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{
"display_name": "Geography",
"id": "https://openalex.org/C205649164"
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{
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"id": "https://openalex.org/C166957645"
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{
"display_name": "Legislature",
"id": "https://openalex.org/C83009810"
}
]
| [
"Lebanon"
]
| [
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]
| https://api.openalex.org/works?filter=cites:W1585940257 | In 1979 the United Nations passed the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), an international bill of rights for women. Much scholarship has focused on the degree to which states have adopted these new international gender norms, but have paid little attention to the fact that norms change in the processes of implementation. This dissertation focuses on that process assessing the translation of international gender equality norm in Lebanon. The study traces global gender equality norms as they are translated into a complex context characterized by a political structure that divides powers according to confessional groups, a social structure that empowers men as heads of families, and a geopolitical structure that opposes a secular West to the Muslim East. Through a comparison of three campaigns – the campaign to combat violence against women, the campaign to change personal status codes, and the campaign to give women equal rights to pass on their nationality – the study traces different ways in which norms are translated as activists negotiate the structures that make up the Lebanese context. Through ethnographic research, the process of norm translation was found to produce various filters, i.e., constellations of arguments put forward by activists as they seek to match international norms to the local context. The dissertation identifies six such filters and finds that these filters often have created faithless translations of international norms. | []
|
|
https://openalex.org/W2022488689 | Battling for Human Rights? | [
{
"affiliations": [],
"display_name": "Tom Hadden",
"id": "https://openalex.org/A5064960898"
}
]
| [
{
"display_name": "Peacekeeping",
"id": "https://openalex.org/C183761623"
},
{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
},
{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
},
{
"display_name": "Enforcement",
"id": "https://openalex.org/C2779777834"
},
{
"display_name": "Law",
"id": "https://openalex.org/C199539241"
},
{
"display_name": "Law enforcement",
"id": "https://openalex.org/C2780262971"
},
{
"display_name": "International peace",
"id": "https://openalex.org/C2992907132"
},
{
"display_name": "Collateral damage",
"id": "https://openalex.org/C2993632694"
},
{
"display_name": "Collateral",
"id": "https://openalex.org/C2777910564"
},
{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
},
{
"display_name": "National security",
"id": "https://openalex.org/C528167355"
},
{
"display_name": "International law",
"id": "https://openalex.org/C55447825"
},
{
"display_name": "Security council",
"id": "https://openalex.org/C2991800021"
},
{
"display_name": "International community",
"id": "https://openalex.org/C2779872411"
},
{
"display_name": "Public administration",
"id": "https://openalex.org/C3116431"
},
{
"display_name": "Politics",
"id": "https://openalex.org/C94625758"
},
{
"display_name": "Sociology",
"id": "https://openalex.org/C144024400"
},
{
"display_name": "Criminology",
"id": "https://openalex.org/C73484699"
}
]
| [
"Lebanon",
"Gaza",
"Iraq"
]
| []
| https://api.openalex.org/works?filter=cites:W2022488689 | The achievement of the objectives of international security, peacekeeping operations and peace enforcement, like the operations in Iraq and Afghanistan after the initial invasions, and of unilateral security operations, like those in Chechnya, Lebanon and Gaza, is often threatened by high levels of civilian casualties and physical destruction. Much of this is legitimized under the laws of armed conflict, notably the principles of legitimate military objectives and collateral damage, but would be contrary to human rights standards. This article argues that the claim that the laws of armed conflict and human rights are complementary is misleading and that international and national security, peacekeeping and peace-enforcement operations designed to protect and promote human rights should in principle be conducted under human rights standards. It explains how this could be achieved for international operations conducted under the auspices of United Nations Security Council Resolutions and/or status-of-forces agreements. | [
{
"display_name": "International Peacekeeping",
"id": "https://openalex.org/S889322",
"type": "journal"
}
]
|
|
https://openalex.org/W2954322269 | Assessing Victim Participation during Sentencing at the International Criminal Court | [
{
"affiliations": [],
"display_name": "Juan-Pablo Pérez-León-Acevedo",
"id": "https://openalex.org/A5014651586"
}
]
| [
{
"display_name": "Law",
"id": "https://openalex.org/C199539241"
},
{
"display_name": "Tribunal",
"id": "https://openalex.org/C2777438998"
},
{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
},
{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
},
{
"display_name": "Criminal law",
"id": "https://openalex.org/C202565627"
},
{
"display_name": "Criminal procedure",
"id": "https://openalex.org/C504945742"
},
{
"display_name": "International law",
"id": "https://openalex.org/C55447825"
},
{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
},
{
"display_name": "Criminology",
"id": "https://openalex.org/C73484699"
},
{
"display_name": "Sociology",
"id": "https://openalex.org/C144024400"
}
]
| [
"Lebanon"
]
| []
| https://api.openalex.org/works?filter=cites:W2954322269 | Abstract Although the academic literature has examined victim participation at the International Criminal Court (ICC), victim participation during the sentencing stage has remained a virtually unexplored topic. Thus, this article assesses the law and, in particular, the practice of the ICC on victim participation during sentencing in light of domestic/international criminal law and human rights law standards. Victim participation during the ICC sentencing stage, i.e. mainly written observations and sentencing hearing participation, is overall consistent with international and domestic criminal law standards, particularly with certain common law jurisdictions and with the Special Tribunal for Lebanon where the trial and sentencing stages are also divided. Additionally, victim participation during the ICC sentencing stage may arguably be justified under international human rights law, especially human rights case law. Importantly, the ICC has introduced some limitations to victim participation to safeguard the convicted person’s rights and procedural efficiency. | [
{
"display_name": "Journal of International Criminal Justice",
"id": "https://openalex.org/S89112254",
"type": "journal"
}
]
|
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