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https://openalex.org/W3005123297 | Birth Registration in Crisis: Exploring a Rights-Based Approach to Birth Registration through the Experience of Syrian Refugees | [
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"Lebanon",
"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W3005123297 | Abstract The right to birth registration is protected under international human rights law. While this protection clearly confers an obligation on States to register births, it is less clear how this birth registration process should be carried out in order to ensure that individuals can realize numerous other human rights. For example, how should States register the births of children born to refugees or asylum seekers in order to give effect to the right to a nationality? The question is particularly relevant given the increasing number of people who are fleeing the many contemporary conflicts. The article investigates this question, along with the precise meaning and requirements of the right to birth registration under the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child. It argues that the birth registration frameworks established by States often fail to protect the human rights of the child. Using Syrian refugees in Lebanon as a case study, the conclusion reached is that there is an urgent need for States to adopt a rights-based approach to birth registration that reflects the relationship between birth registration and other human rights. | [
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https://openalex.org/W2489574514 | The Parochial Foundations of Cosmopolitan Rights | [
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"display_name": "Maxwell O. Chibundu",
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"Lebanon"
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] | https://api.openalex.org/works?filter=cites:W2489574514 | Louis Henkin titled a collection of his essays published in 1990 The Age of Rights. Although it turned out to be a prescient description of what international law was to become in the next decade and a half, it was hardly an accurate description of the international order into which the book was launched. The previous year had witnessed the fall of the Berlin wall, but its ramifications for human rights were, in 1990, uncertain. In contrast, there was no denying the completeness of the destruction of “rights” that had occurred in Tiananmen Square. The Age of Rights had not been written with either of these two events in mind, however, nor was it necessarily crafted to explore the emerging policies of glasnost in the Soviet Union. In some ways, the title seemed misplaced against the backdrop of the privations of famine, hunger, ill health, imprisonment, and outright death flowing from responses to World Bank– and International Monetary Fund–imposed “structural adjustment programs” in Africa and Latin America; the large-scale deprivations of life (and other atrocities) in Lebanon, the Palestinian camps, and the wars of Central America, all of which featured prominently in the news stories of the 1980s. Rather, most of the essays in the collection had been written primarily against the backdrop of an emerging trend in the United States to treat “international human rights” less as a moral engagement, and more as a legal and political tool. The successful inclusion in the Helsinki Declaration of the recognition by states that the claims of their citizens to more or less free movement was a matter of international concern, and the enshrining of this philosophy in United States trade policies had given “rights” a new salience in international diplomacy. | [
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https://openalex.org/W2034134364 | <i>Decolonization and the Evolution of International Human Rights</i> (review) | [
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"Lebanon"
] | [] | https://api.openalex.org/works?filter=cites:W2034134364 | Reviewed by: Decolonization and the Evolution of International Human Rights Petra Goedde (bio) Roland Burke , Decolonization and the Evolution of International Human Rights (Philadelphia: University of Philadelphia Press, 2010), 264 pages, ISBN 978-0-8122-4219-5. A persistent criticism levelled against the Universal Declaration of Human Rights, adopted by the United Nations General Assembly on 10 December 1948, has been that it is more reflective of Western than universal values. That criticism is not without merit. The leading figures involved in the framing of the declaration, were undoubtedly dedicated proponents of Western enlightened humanism. Eleanor Roosevelt, wife of the late President Franklin Delano Roosevelt, chaired the UN-appointed Human Rights Commission. John Peters Humphrey, a Canadian legal scholar and first Director of the Human Rights Division of the United Nations Secretariat, produced the original draft of the Declaration. René Cassin, French jurist, gave the Declaration its distinctive structure, drawing on the Napoleonic code. The Commission included non-Western members, among them Charles Malik from Lebanon, C.P. Chang from China, and Carlos Romulo from the Philippines, yet all of them had [End Page 563] received at least part of their education in the West. Nonetheless, as Roland Burke demonstrates in this engaging book, Asian, African, and Arab human rights specialists played a key role in the evolution of the human rights program almost from its inception. He shifts the focus from the story of the creation of the Universal Declaration, which is primarily a Western story, to how its implementation evolved both within the United Nations and in the political interactions between the First and the Third World. In doing so he shows the intricate ways in which the process of decolonization and the evolution of the human rights agenda influenced and shaped one another. Burke puts forward three interrelated arguments. First, he assigns a decisive role to "decolonization as a political force in the evolution of the UN human rights agenda." Second, he maintains that for anti-colonialists, human rights represented more than a "rhetorical weapon for lambasting the Western democracies." Third, he argues that the overall outcome of decolonization for the human rights agenda was neither a complete failure nor an unqualified success.1 The first of the above arguments goes to the heart of the current debate about the place of decolonization in human rights history and conversely the place of human rights in the history of decolonization. The other two arguments are more diffuse and less original. They focus on dissecting competing interpretations in the existing scholarship and finding a middle ground between them. Fortunately those sections do not diminish the excellent quality of the first argument, a welcome addition to the burgeoning field of human rights history. Burke sees the 1955 Bandung conference as a defining moment in the anti-colonial human rights debate. At Bandung, delegates affirmed their commitment to the universality of human rights, yet at the same time took the liberty to define self-determination as the "first" right. By prioritizing human rights as collective rather than individual rights, the delegates set the stage for the global debate about hierarchies of human rights. As long as the struggle for decolonization was underway, issues of national sovereignty and self-determination carried far greater weight for anti-colonialists than issues of civil and political rights. Universal human rights, as defined at Bandung, served Asian and African interests well. The question of whether or not self-determination should be considered a human right has been the subject of considerable scholarly debate. A.W. Brian Simpson (and more recently Samuel Moyn) has argued that human rights apply primarily to individual rights and thus self-determination, as a collective right and a core feature of the broader struggle for decolonization, and should not be considered part of the postwar human rights agenda. However, the UN Declaration of Human Rights addressed both individual and collective rights, though it does not make specific reference to self-determination. Burke seems to place self-determination both inside and outside the human rights agenda of the 1950s. In one sentence, he refers to the "primacy of self-determination over human rights," in another, he writes about the anti-colonialist position that... | [
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https://openalex.org/W90552129 | Assessing the Goldstone Report | [
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"Lebanon",
"Somalia",
"Israel"
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"https://openalex.org/W2312600304"
] | https://api.openalex.org/works?filter=cites:W90552129 | ANY ATTEMPT at evaluating quality of a product should be clear about criteria being applied. Regrettably, United Nations not provided comprehensive criteria for guidance of missions to be carried out under its auspices. The Economic and Social Council and General Assembly have adopted sparest of pointers (1) while Human Rights Council adopted a code for its Special Procedures that includes limited provisions with respect to visits. (2) Better guidance is available from International Law Association (ILA). At its fifty-ninth (biennial) conference, held in Belgrade in 1980, it adopted Belgrade Minimal Rules of Procedure for International Human Rights Fact-finding Missions (hereinafter Belgrade Rules). (3) There are twenty-five rules, several of which will be referred to in what follows because they represent a distillation of thinking about fairness and legitimacy in human rights of a geographically representative range of distinguished international legal opinion. The focus on human rights needs to be noted. The Goldstone Report is about an investigation involving issues under not only international human rights law (primarily concerned with responsibility of states), but also international humanitarian law (concerning especially matters of individual responsibility for war crimes). There is no comparable set of rules for humanitarian law investigations. (4) The Belgrade Rules were foreshadowed by a comprehensive study of question by Thomas Franck (who chaired ILA subcommittee that drafted rules) and Scott Fairley. (5) Under heading Indicators of Impartiality, authors identify five key indicators of procedural probity: (1) choice of subject; (2) choice of fact-finders; (3) terms of reference; (4) procedures for investigation; and (5) utilization of product. What follows will be structured according to these same headings. The relevant ILA rules will be highlighted and Goldstone Report--and criticisms of it--will be assessed in light of rules. Choice of Subject This is not an issue addressed by Belgrade Rules. Yet political selectivity in choice of situations to be examined, according to Franck and Fairley, has a negative effect on credibility of investigations that do go forward, (6) and fact-finding is likely to gain in credibility when it occurs within a broader matrix. (7) When UN Commission on Human Rights belatedly abandoned its refusal to consider allegations of human rights violations in specific countries in late 1960s, situations it focused on were those of South Africa under its apartheid regime and that of post-1967-war occupied territories of Middle East. From then on, human rights situation in occupied territories was a separate item on agenda of Commission on Human Rights until its replacement by Human Rights Council in 2006. The same been case for council. Indeed, six of ten special sessions of council on specific country situations have had to do with Israeli Occupied Territories and 2006 conflict with Lebanon. It was one of these that led to mandating of Goldstone inquiry. (8) Even allowing for legitimate international frustration with a seemingly endless occupation involving constant expansion of a settlement program whose morality or legality only Israel persists in defending, this is disproportionate attention in light of numerous situations around world involving mass victimization that receive no comparable level of scrutiny. (9) Inevitably, this permits Israel to complain that, again in words of Franck and Fairley, the investigating institution is not serious about enforcing a uniform standard. (10) Choice of Fact-finders Things have improved since days when General Assembly in 1968 established its Special Committee to Investigate Israeli Practices Affecting Human Rights of Population of Occupied Territories (Special Committee of Three), composed of three representatives of states, two of which had no diplomatic relations with Israel (Yugoslavia and Somalia, each of which considered itself at war with Israel) and one (Ceylon--now Sri Lanka) whose government soon thereafter suspended diplomatic relations between itself and Israel. … | [
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https://openalex.org/W2765900948 | Why the Lebanese NGOs didn’t Succeed in Reforming the Citizenship Law? | [
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] | [] | https://api.openalex.org/works?filter=cites:W2765900948 | Allow me on behalf of thousands of Lebanese women married to non-Lebanese men to raise my voice high so that it reaches their Excellencies, Ministers and MPs… A woman says: “why does the Lebanese government grant a Lebanese man the right to pass his nationality to his children and wife, while it deprives a Lebanese woman from this right?” Where is the logic? Doesn’t this undermine blatantly her citizenship rights and the principle of equality? Doesn’t this undermine the rights of children, men, women, and the family combined?Isn’t this regarded as a violation of human rights and unfair discrimination between men and women? This shouldn’t be the case given that the Lebanese Constitution acknowledges the principle of equality among citizens as do all international agreements ratified by Lebanon, namely the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW). | [
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https://openalex.org/W2020965392 | Human Rights through Film: An Essay and Review of Selected Films from the Human Rights Watch 2009 Film Festival | [
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"Lebanon",
"Iran",
"Israel"
] | [] | https://api.openalex.org/works?filter=cites:W2020965392 | Human Rights through Film:An Essay and Review of Selected Films from the Human Rights Watch 2009 Film Festival Safia Swimelar (bio) The fact that this journal reviews human rights films in addition to books illustrates what more and more human rights scholars and practitioners are realizing: images and films are today's central ways we learn about and understand international human rights. This is particularly true for students and young people. Film and video, whether it is feature film or documentary, can have political influence: some Western governments have taken an interest in viewing and promoting human rights related films and issues (e.g. Burma VJ, The Greatest Silence: Rape in the Congo, Lilya-4-Ever). Hollywood has also been more interested in making films that may have human rights as either a main or sub-theme (e.g. Lord of War, Blood Diamonds, Constant Gardener, and Rendition). Film is increasingly relied upon to document, explain, expose, or complicate global human rights issues. The Human Rights Watch International Film Festival is one of the central venues to showcase the latest human rights films. The 2010 festival kicked off in New York in June and will be traveling the rest of the year. The 2009 festival, of which four films are extensively reviewed here, featured thirty-two films from seventeen countries covering such contemporary issues as: the International Criminal Court, the Israel-Hezbollah war in Lebanon, limitations on democracy in Russia, and the on-going legal battle between big oil and indigenous peoples in the Amazon. To keep in line with the festival's goal of bringing relevant and current human rights issues to the public consciousness, the current festival features films about US immigration reform (Mountains and Clouds and Last Best Chance); abortion (12th and Delaware); stories of Cambodian genocide (Enemies of the People); the spate of murders of women in Ciudad Juarez, Mexico (Backyard); secular movement in Iran (Iran: Voices of the Unheard); and farmer suicides in India (Nero's Guests). Before reviewing a sampling of the films from the festival, this essay will briefly explore the history and purpose of the festival and the wider relationship between film and understanding human rights issues. On the fortieth anniversary of the Universal Declaration of Human Rights (UDHR) in 1988, Human Rights Watch (HRW), one of the world's foremost human rights organizations launched their first international film festival, realizing that the general public was not aware of the UDHR. HRW believed then and now that film was one of the best mediums to educate and activate people on human rights issues. At the beginning of each screening, Festival Director John Biaggi informs the audience of the power of film to educate, galvanize, and empower. He believes that human rights films can have a direct impact on politics. For example, Lisa F. Jackson's The Greatest Silence: Rape in the Congo, which was part of the 2008 HRW festival, has been successful in raising global awareness about mass rape, having been screened in over fifty countries. "It inspired a UN Security Counsel resolution, opened a US Senate hearing, and has been screened in the British House of Commons, the International Criminal Court and the US Department of State."1 In 2008, at the Kinshasha, Congo National Assembly [End Page 1069] Hall, over 500 people, including international diplomats, representatives from the UN and international NGOs, and Congolese government officials, had a chance to hear, many of them for the first time, the horrific stories of mass rape that had occurred.2 Another top film from an HRW festival, Burma VJ: Reporting from a Closed Country, attracted viewers from notable locations. Specifically, US Secretary of State Clinton viewed the film while visiting Prague with President Obama in spring 2009.3 Similarly, while holding the rotating presidency of the European Union, the Czech Republic leadership also viewed this important documentary. However, what type of human rights films does HRW believe are the most effective in reaching and affecting a large audience? From looking at the films themselves and from conversations with director Biaggi, a few important unofficial criteria stand out. While HRW does not consciously try to avoid politics, they are not... | [
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https://openalex.org/W1850309455 | The Palestinian Refugees in Lebanon and the Mirage of Human Rights | [
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] | [
"Lebanon"
] | [] | https://api.openalex.org/works?filter=cites:W1850309455 | The right to work, as one of the most crosscutting and enabling socio-economic rights, as well as a basic requirement for social integration, is enshrined in a wide range of international human rights instruments. Equal access to the labour market is one important aspect of this right that challenges the underlying universality norm of the human rights regime by imposing on states the obligation to ensure the right to work for all individuals within their territory, regardless of their legal status. However, the ambiguities of this right reveal the inherent tensions in the human rights regime. Values of equality and non-discrimination are supposed to guide the legal application of human rights, yet reality provides a different view.
The case of Palestinian refugees in Lebanon and their exclusion from the Lebanese labour market actualizes questions concerning the relationship between citizenship and human rights protection and what role sovereignty plays on the universal arena of human rights.
This thesis seeks to challenge contemporary norms of the human rights discourse, and approaches the case of the Palestinian refugees in Lebanon from a critical perspective, shedding light on the links between immigration policy and human rights, and the ways in which states insist on reasserting their sovereign right to shape the membership of their respective communities. Using human rights as a tool to internalize migration policy, states are able to control the inclusion and exclusion processes in society, processes that are rooted in a discourse of hospitality. Interviews with Lebanese officials are used to illustrate how perceived risks and challenges to Lebanese sovereignty and host identity influence and dictate the Palestinian-Lebanese relationship. | [] |
|
https://openalex.org/W2766721225 | Making Women's Rights Part of Human Rights | [
{
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{
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] | [
"Lebanon"
] | [] | https://api.openalex.org/works?filter=cites:W2766721225 | How can Lebanon speak of making Women's Rights part of the Global Human Rights Agenda when it has not ratified the Convention on the Elimination of All Forms of Discrimination Against Women? Seventeen years of war carry a toll of human rights violations, yet the Lebanese praise themselves for the fact that women were not a target like women in Croatia. | [
{
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|
https://openalex.org/W3014737837 | Gender-Based Discrimination in the Area of Nationality | [
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{
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] | [
"Lebanon"
] | [] | https://api.openalex.org/works?filter=cites:W3014737837 | The United Nations’ International Committee on the Elimination of Racial Discrimination (ICERD) held its 64th session from February to March in Geneva, Switzerland. On March 3rd and 4th the committee considered the fourteenth to sixteenth periodic reports of Lebanon on its implementation of the International Convention on the Elimination of All Forms of Racial Discrimination (in accordance with article 9 of the CERD). | [
{
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|
https://openalex.org/W2480981171 | Rights of Suspects and Accused | [
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{
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"id": "https://openalex.org/C22299250"
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] | [
"Lebanon"
] | [] | https://api.openalex.org/works?filter=cites:W2480981171 | This chapter presents distinctive features of the Special Tribunal for Lebanon (STL) that may impinge upon the rights of the defendants. It sets out the STL's legal framework with regard to the rights of defendants as established by the International Covenant on Civil and Political Rights (ICCPR), and then examines how those rights have been interpreted and applied in practice. Special attention is given to decisions by the STL, which impact adversely on the rights of the defendants in contravention of the STL's legal framework. | [
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|
https://openalex.org/W2743460171 | Ethnicity and Religion in Bosnia and Herzegovina: Peace v Human Rights, An Never ending Story? | [
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"display_name": "Vanja-Ivan Savić",
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{
"display_name": "Quantum mechanics",
"id": "https://openalex.org/C62520636"
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] | [
"Lebanon"
] | [] | https://api.openalex.org/works?filter=cites:W2743460171 | This article examines Bosnia and Herzegovina after of the decision of the European Court of Human Rights in Sejdic and Finci case. Author is questioning if human rights of particular individuals should prevail over collective rights which were brought by Dayton Agreement which brought peace to this fragile and fragmented country. Author is comparing constitutional and legal framework of Bosnia to similar one in Lebanon ; since in both countries sectarian division (separation) of power is in place. | [] |
|
https://openalex.org/W2749670545 | Salma Khan: The First Asian Woman to Chair the CEDAW Committee | [
{
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"display_name": "Myriam Sfeir",
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{
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{
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"id": "https://openalex.org/C86615163"
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] | [
"Lebanon"
] | [] | https://api.openalex.org/works?filter=cites:W2749670545 | I met Dr. Salma Khan, Chairperson of the UN Committee on the Elimination of Discrimination against Women (CEDAW) and President of the CEDAW Forum ,around mid October. She was invited by UNICEF and the Lebanese University to attend a workshop, held in Beirut, whose aim was the incorporation of the Convention of the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) into the curriculum of Law Schools . | [
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"id": "https://openalex.org/S2764949313",
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|
https://openalex.org/W2339373766 | The Special Tribunal for Lebanon: A Defense Perspective | [
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] | [
"Lebanon"
] | [] | https://api.openalex.org/works?filter=cites:W2339373766 | A fundamental aspect of United States criminal law is the presumption of innocence until proven guilty. A corollary right gives every American a Constitutional right to counsel or the right to represent herself in person if she so chooses. In international criminal law, similar fundamental rights are theoretically offered to accused persons under the statutes of the courts and under general international human rights law. However, unlike the U.S. criminal justice system, international criminal tribunals have generally failed to honor the lofty promises contained in their constitutive instruments. But it is not the principled lack of adherence to ensuring the due process rights of accused persons that has caused problems in concrete cases. Rather, their Achilles Heel has been their abject failure to create independent defense offices that would fearlessly safeguard the rights of those accused of the worst crime known to law. In this Article, I analyze the absence of organs tasked with guaranteeing the rights of the defense in international criminal law and explain why that is bad for any credible system of justice. I then explain how the organizational charts of the United Nations courts for the former Yugoslavia, Rwanda and Sierra Leone omitted the defense and essentially treated them as second class citizens before the eyes of the law. This sets the stage for me to show why the creation of the first full-fledged defense organ in international criminal law by the UN Special Tribunal for Lebanon is a welcome advance to the maturing of international penal tribunals from primitive to more civilized institutions. I argue that, if the legal provision contained in the Lebanon Tribunal statute is matched with the independence and resources needed to help realize defendant rights, it will likely become one of its biggest legacies to international law. | [
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|
https://openalex.org/W2780074787 | Protection of Women from Domestic Violence Under “The Bill for the Protection of Women and Family Members Against Domestic Violence” | [
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{
"display_name": "Quantum mechanics",
"id": "https://openalex.org/C62520636"
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] | [
"Lebanon"
] | [] | https://api.openalex.org/works?filter=cites:W2780074787 | Violence against women is directly linked to the historic discrimination against them. It is an expression of the gendered imbalance of power that has resulted in a gap intensified by the existing legal, social, and cultural institutions. Eliminating gender-based violence can only be achieved by addressing gender gaps, which require the adoption of specialized policies and programs. The Lebanese government ratified the Convention on the Elimination of all Forms of Discrimination Against Women in 1996, and civil society utilizes it as a standard reference to eliminate discrimination against women from the existing legislations as well as to improve on them1 in order to create a more women-friendly environment. | [
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|
https://openalex.org/W3124309820 | Personal Family Law Systems - A Comparative and International Human Rights Analysis | [
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] | [
"Lebanon",
"Morocco",
"Israel"
] | [] | https://api.openalex.org/works?filter=cites:W3124309820 | This article analyzes the structures and substances of personal systems of family law based on religious affiliation within their social, political and historical contexts, explores the varied ways in which they infringe on the human rights of those governed by these systems - gender equality implicated by most - and the way international law and jurisprudence of human rights respond to these challenges. This analysis wishes to suggest that looking at the specific manifestations of personal family law systems in concrete contexts illuminates significant human rights implications which have not hither to received sufficient attention in mainstream human rights discourse, for various legal, cultural and political reasons. The contexts which this article will draw on are personal family law systems in Israel, India, Lebanon and Morocco, which comprise a varied sample of family law structures and legal, cultural, social and political contexts. | [
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https://openalex.org/W2794268950 | Human Rights: Future of Ad Hoc Tribunals | [
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"display_name": "Milena Sterio",
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{
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] | [
"Lebanon",
"Syria"
] | [
"https://openalex.org/W1985633607",
"https://openalex.org/W2486925334",
"https://openalex.org/W2493147705",
"https://openalex.org/W2499894802",
"https://openalex.org/W2500446923",
"https://openalex.org/W3121552865",
"https://openalex.org/W3123899655"
] | https://api.openalex.org/works?filter=cites:W2794268950 | The Nuremberg and Tokyo tribunals, in the wake of World War II, created the precedent that individuals, including state leaders, could be held criminally accountable for war crimes and crimes against humanity. The Nuremberg experience in particular set in motion the idea that individuals responsible for massive human rights violations should face criminal responsibility. This idea remained somewhat dormant until the early 1990s, when two new ad hoc tribunals for the former Yugoslavia and for Rwanda were created by the United Nations Security Council. Over the past two decades, the international community has witnessed a proliferation of international and hybrid tribunals tasked with prosecuting those responsible for human rights violations: the International Criminal Court was created in the late 1990s and began its work in 2002; and several ad hoc tribunals have been created to investigate and prosecute cases in East Timor, Cambodia, Sierra Leone, Lebanon, Kosovo, and Bosnia. Most recently, the United Nations General Assembly established a Mechanism for Syria, tasked with collecting and storing evidence of massive human rights violations in Syria, such as genocide, crimes against humanity, and war crimes. The Mechanism is expected to share this type of evidence and information with future tribunals prosecuting those responsible for such violations of human rights in Syria – with national jurisdictions as well as with a future ad hoc tribunal for Syria (should one be established). These tribunals, starting with the Yugoslavia and Rwanda courts and leading to the Syrian Mechanism, have significantly contributed toward the protection of human rights, by fine-tuning existing substantive human rights norms and by developing elaborate procedures aimed at protecting defense rights and the impartiality and fairness of judicial processes. This chapter will examine the human rights legacy and contribution of the Yugoslavia and Rwanda tribunals, before turning to a discussion of current and future ad hoc tribunals. Thus, this chapter will focus on the Special Tribunal for Lebanon, the Kosovo Specialist Chambers, and the Syria Mechanism. For each of these ad hoc tribunals and mechanisms, this chapter will analyze their substantive and procedural focus on the protection of human rights. It will conclude that it is likely that current and future ad hoc tribunals (for Syria, perhaps) will continue to build upon the Yugoslavia and the Rwanda tribunals’ legacy in the field of human rights and that they will continue to contribute toward the elaboration of human rights norms. | [
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https://openalex.org/W4240052489 | Human Rights: Future of Ad Hoc Tribunals | [
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"display_name": "Milena Sterio",
"id": "https://openalex.org/A5007393492"
}
] | [
{
"display_name": "Crimes against humanity",
"id": "https://openalex.org/C2776429423"
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{
"display_name": "Tribunal",
"id": "https://openalex.org/C2777438998"
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{
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"id": "https://openalex.org/C169437150"
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{
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{
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{
"display_name": "Genocide",
"id": "https://openalex.org/C204342414"
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{
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{
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{
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"id": "https://openalex.org/C144024400"
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{
"display_name": "Politics",
"id": "https://openalex.org/C94625758"
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{
"display_name": "Socioeconomics",
"id": "https://openalex.org/C45355965"
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] | [
"Lebanon",
"Syria"
] | [
"https://openalex.org/W1985633607",
"https://openalex.org/W2486925334",
"https://openalex.org/W2493147705",
"https://openalex.org/W2499894802",
"https://openalex.org/W2500446923",
"https://openalex.org/W3121552865",
"https://openalex.org/W3123899655"
] | https://api.openalex.org/works?filter=cites:W4240052489 | The Nuremberg and Tokyo tribunals, in the wake of World War II, created the precedent that individuals, including state leaders, could be held criminally accountable for war crimes and crimes against humanity. The Nuremberg experience in particular set in motion the idea that individuals responsible for massive human rights violations should face criminal responsibility. This idea remained somewhat dormant until the early 1990s, when two new ad hoc tribunals for the former Yugoslavia and for Rwanda were created by the United Nations Security Council. Over the past two decades, the international community has witnessed a proliferation of international and hybrid tribunals tasked with prosecuting those responsible for human rights violations: the International Criminal Court was created in the late 1990s and began its work in 2002; and several ad hoc tribunals have been created to investigate and prosecute cases in East Timor, Cambodia, Sierra Leone, Lebanon, Kosovo, and Bosnia. Most recently, the United Nations General Assembly established a Mechanism for Syria, tasked with collecting and storing evidence of massive human rights violations in Syria, such as genocide, crimes against humanity, and war crimes. The Mechanism is expected to share this type of evidence and information with future tribunals prosecuting those responsible for such violations of human rights in Syria – with national jurisdictions as well as with a future ad hoc tribunal for Syria (should one be established). These tribunals, starting with the Yugoslavia and Rwanda courts and leading to the Syrian Mechanism, have significantly contributed toward the protection of human rights, by fine-tuning existing substantive human rights norms and by developing elaborate procedures aimed at protecting defense rights and the impartiality and fairness of judicial processes. This chapter will examine the human rights legacy and contribution of the Yugoslavia and Rwanda tribunals, before turning to a discussion of current and future ad hoc tribunals. Thus, this chapter will focus on the Special Tribunal for Lebanon, the Kosovo Specialist Chambers, and the Syria Mechanism. For each of these ad hoc tribunals and mechanisms, this chapter will analyze their substantive and procedural focus on the protection of human rights. It will conclude that it is likely that current and future ad hoc tribunals (for Syria, perhaps) will continue to build upon the Yugoslavia and the Rwanda tribunals’ legacy in the field of human rights and that they will continue to contribute toward the elaboration of human rights norms. | [
{
"display_name": "International human rights",
"id": "https://openalex.org/S4210185962",
"type": "book series"
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|
https://openalex.org/W4327519620 | International Human Rights Frameworks in Relation to National Family Reunification Policy and Administrative Practice | [
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{
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{
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{
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"display_name": "Hadas Yaron Mesgena",
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{
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{
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{
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"display_name": "University of Exeter",
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"lat": 50.7236,
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],
"display_name": "Helena Wray",
"id": "https://openalex.org/A5073592532"
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] | [
{
"display_name": "Family reunification",
"id": "https://openalex.org/C2775989988"
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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/C17744445"
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{
"display_name": "International law",
"id": "https://openalex.org/C55447825"
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{
"display_name": "Family law",
"id": "https://openalex.org/C131932780"
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{
"display_name": "Variety (cybernetics)",
"id": "https://openalex.org/C136197465"
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{
"display_name": "Family life",
"id": "https://openalex.org/C2993804084"
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{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
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{
"display_name": "Economic growth",
"id": "https://openalex.org/C50522688"
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{
"display_name": "Law",
"id": "https://openalex.org/C199539241"
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{
"display_name": "Development economics",
"id": "https://openalex.org/C47768531"
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{
"display_name": "Public administration",
"id": "https://openalex.org/C3116431"
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{
"display_name": "Sociology",
"id": "https://openalex.org/C144024400"
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{
"display_name": "Gender studies",
"id": "https://openalex.org/C107993555"
},
{
"display_name": "Economics",
"id": "https://openalex.org/C162324750"
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{
"display_name": "Immigration",
"id": "https://openalex.org/C70036468"
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{
"display_name": "Artificial intelligence",
"id": "https://openalex.org/C154945302"
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{
"display_name": "Computer science",
"id": "https://openalex.org/C41008148"
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] | [
"Lebanon",
"Jordan",
"Israel"
] | [
"https://openalex.org/W598888461",
"https://openalex.org/W1985377542",
"https://openalex.org/W2102631840",
"https://openalex.org/W2590687776",
"https://openalex.org/W2619275341",
"https://openalex.org/W2786672306",
"https://openalex.org/W2792059252",
"https://openalex.org/W2891995466",
"https://openalex.org/W2979294452",
"https://openalex.org/W2994989575",
"https://openalex.org/W3003498441",
"https://openalex.org/W3043454635",
"https://openalex.org/W4312409912"
] | https://api.openalex.org/works?filter=cites:W4327519620 | Abstract This chapter gives an overview of the laws, policies and administrative practices that dictate family reunification in the countries discussed in this book, providing a frame of reference for considering specific questions of family separation in selected countries. First, we discuss the global and regional framework for international and human rights law. Brief country studies follow, focusing on the challenges forced migrants encounter with family reunification in Europe, the Americas and the Middle East: Sweden, Finland, Germany, the United States, Brazil, Israel, Jordan and Lebanon. The chapter concludes by bringing out aspects of migration policy that affect the enjoyment of family unity and the human right to respect for family life in these countries. We demonstrate that a variety of obstacles need to be overcome to have access to family reunification, reflecting the lack of clear rights to family reunification in international and human rights law. While some countries have legal restrictions in place, other countries have instituted administrative practices that prevent families from living together. | [
{
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"id": "https://openalex.org/S4210167649",
"type": "book series"
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] |
|
https://openalex.org/W4379516209 | Publication of foreigners’ human rights abuses and retaliation between Convention Against Torture (CAT) states | [
{
"affiliations": [
{
"country": "Israel",
"display_name": "Open University of Israel",
"id": "https://openalex.org/I164950643",
"lat": 32.1836,
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"display_name": "Sara Kahn-Nisser",
"id": "https://openalex.org/A5026150212"
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{
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"id": "https://openalex.org/C544040105"
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{
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{
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{
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{
"display_name": "Convention",
"id": "https://openalex.org/C2780608745"
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{
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"id": "https://openalex.org/C17744445"
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{
"display_name": "Law",
"id": "https://openalex.org/C199539241"
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{
"display_name": "Criminology",
"id": "https://openalex.org/C73484699"
},
{
"display_name": "Sociology",
"id": "https://openalex.org/C144024400"
}
] | [
"Lebanon",
"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W4379516209 | Institutions that monitor violations of human rights, particularly of victims living outside their home countries, will often name the victims’ countries of origin in their reports. This article looks at this understudied practice and argues that it unintentionally creates bilateral retaliation dynamics between the victims’ home country and the country violating the victims’ rights. The article defines retaliation and explains why countries care about violations of their citizens’ rights that take place abroad. Through empirical analysis, the article shows that countries retaliate in response to violations of their citizens’ rights which have been identified and publicized by the UN Committee Against Torture. I use a new dyadic dataset on the abuse of foreigners’ human rights, as identified by Amnesty International and the Committee Against Torture, to test the hypothesis that a country's abuse of foreigners from a peer country is associated with that peer country's abuse of rights of citizens from the observed country. I then examine the Syrian–Lebanese case to trace the process of retaliation. These analyses support the hypothesis that countries retaliate against violations of their citizens’ rights abroad. | [
{
"display_name": "International Journal",
"id": "https://openalex.org/S86954274",
"type": "journal"
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] |
|
https://openalex.org/W4280544596 | Individuals, Their Human Rights and Their International Criminal Responsibility | [] | [
{
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"id": "https://openalex.org/C169437150"
},
{
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"id": "https://openalex.org/C17744445"
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{
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"id": "https://openalex.org/C2776429423"
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{
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{
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{
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{
"display_name": "Genocide",
"id": "https://openalex.org/C204342414"
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{
"display_name": "German",
"id": "https://openalex.org/C154775046"
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{
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"id": "https://openalex.org/C55447825"
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{
"display_name": "Geography",
"id": "https://openalex.org/C205649164"
},
{
"display_name": "Archaeology",
"id": "https://openalex.org/C166957645"
}
] | [
"Lebanon",
"Saudi Arabia",
"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W4280544596 | This chapter deals with Germany’s position on individuals, human rights and international criminal responsibility. It is in seven parts: position of individuals; human rights; international refugee law; nationality and statelessness; international terrorism; international health law; and international criminal law. The second part covers the Federal Constitutional Court rejecting the Committee on the Rights of Persons with Disabilities’ interpretation of the CRPD; Germany’s criticism of Brunei’s Sharia Penal Code as violating human rights and of Saudi Arabia for violating the CRC; Germany’s concern over possible human rights abuses in Xinjiang, China; the German Federal Government adopting its thirteenth human rights report; and candidates nominated by Germany for human rights bodies. The fourth part discusses an amendment to the Nationality Act depriving members of terrorist militias with dual nationality of their German citizenship. The seventh part deals with the resignation of the German judge from the International Residual Mechanism for Criminal Tribunals; Germany requesting Lebanon to extradite a Syrian official; German charges brought against Syrian officials for crimes against humanity and against a member of ‘Islamic State’ for war crimes; rulings on war crimes against property; and Germany’s view on possible crimes against humanity and war crimes and genocide in Myanmar. | [
{
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"id": "https://openalex.org/S4306462995",
"type": "ebook platform"
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|
https://openalex.org/W2910761505 | Digest of United States Practice in International Law 2007 | [] | [
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{
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"id": "https://openalex.org/C55447825"
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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/C2778573023"
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{
"display_name": "Right to property",
"id": "https://openalex.org/C22299250"
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] | [
"Lebanon",
"Iraq",
"Israel"
] | [] | https://api.openalex.org/works?filter=cites:W2910761505 | the office of the legal adviser publishes the annual digest of united states practice in international law to provide the public with a historical record of the views and practice of the government of the united states in public and private international law in his introduction to the 2007 digest then legal adviser john b bellinger iii stated in part during 2006 my colleagues and i continued to engage our international partners in intensive discussions about the appropriate legal framework for the detention and treatment of international terrorists armed conflicts during the year including those involving israel lebanon the palestinian authority and iraq raised other issues related to the law of war the united states welcomed the international committee of the red cross study on the customary international law of the law of war and provided what we believe are constructive initial comments on certain aspects of methodology that raise questions about the study s conclusions but these issues were of course only one facet of the office s practice during the year the united states dispatched to geneva two separate large senior level interagency delegations to present and discuss with the un committee against torture and the human rights committee u s implementation of its obligations under the convention against torture and the international covenant on civil and political rights the office continued to play a leading role in the development of u s treaty law and practice in u s courts the year saw further developments related to the applicability of the alien tort statute u s consular notification obligations under the vienna convention on consular relations and the scope of the foreign sovereign immunities act including several supreme court decisions on consular notification and immunities | [] |
|
https://openalex.org/W3124378766 | Chinese Practice in Public International Law: 2007 (II) | [
{
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"display_name": "Likai Zhu",
"id": "https://openalex.org/A5041852009"
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{
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{
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"id": "https://openalex.org/C55447825"
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{
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{
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"id": "https://openalex.org/C2778573023"
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{
"display_name": "Customary international law",
"id": "https://openalex.org/C2779921323"
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{
"display_name": "Municipal law",
"id": "https://openalex.org/C8705443"
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] | [
"Lebanon"
] | [] | https://api.openalex.org/works?filter=cites:W3124378766 | This part of the Survey covers materials reflecting Chinese practice in 2007 relating to VII. International Human Rights Law (Rule of Law at the National Level; Right of Self-Determination of Peoples; Racial Discrimination; Death Penalty; Re-education through Labour; Economic, Social and Cultural Rights; Women's Rights; Rights of the Child; Rights of the Older Persons; Dialogue on Human Rights; Human Rights Council; Implementation of Human Rights Instruments); VIII. International Humanitarian Law (Protection of Civilians in Armed Conflicts; Child and Armed Conflicts; Biological Weapons; Convention on Certain Conventional Weapons; Landmines; Explosive Remnants of War; Cluster Munitions; Right of Individual Claims for Violations of International Humanitarian Law; Establishment of National Committee on International Humanitarian Law); IX. International Law of Treaties (Reservations to Treaties; Effects of Armed Conflicts on Treaties); X. International Environmental Law (Principle of “Common but Differentiated Responsibilities”; Shared Natural Resources; Climate Change; Disaster Reduction); XI. Law on Diplomatic Relations; XII. International Criminal Law (International Criminal Court; ICTY and ICTR; Special Court for Serra Leone (SCSL); Special Tribunal for Lebanon; International Military Tribunal for Far East; Aut Dedere Aut Judicare; Immunity of State Officials from Foreign Criminal Jurisdiction; Criminal Accountability of United Nations Officials and Experts on Mission; Repatriation of Some Chinese in Guantanamo; Criminal Jurisdiction in Joint Military Exercises); XIII. Law on the United Nations (Sanctions by the United Nations; Amendment of the Charter of the UN; Security Council Reform); XIV. International Organizations Law; XV. International Law on State Responsibility (Responsibility of States for Internationally Wrongful Acts; Prevention of Transboundary Harm from Hazardous Activities and Allocation of Loss in the Case of Such Harm). | [
{
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"id": "https://openalex.org/S4210172589",
"type": "repository"
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|
https://openalex.org/W2029331074 | Chinese Practice in Public International Law: 2007 (II) | [
{
"affiliations": [],
"display_name": "Likai Zhu",
"id": "https://openalex.org/A5041852009"
}
] | [
{
"display_name": "Law",
"id": "https://openalex.org/C199539241"
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{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
},
{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
},
{
"display_name": "Public international law",
"id": "https://openalex.org/C185436325"
},
{
"display_name": "International law",
"id": "https://openalex.org/C55447825"
},
{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
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{
"display_name": "International humanitarian law",
"id": "https://openalex.org/C2778573023"
},
{
"display_name": "Customary international law",
"id": "https://openalex.org/C2779921323"
}
] | [
"Lebanon"
] | [] | https://api.openalex.org/works?filter=cites:W2029331074 | This part of the Survey covers materials reflecting Chinese practice in 2007 relating to VII. International Human Rights Law (Rule of Law at the National Level; Right of Self-Determination of Peoples; Racial Discrimination; Death Penalty; Re-education through Labour; Economic, Social and Cultural Rights; Women's Rights; Rights of the Child; Rights of the Older Persons; Dialogue on Human Rights; Human Rights Council; Implementation of Human Rights Instruments); VIII. International Humanitarian Law (Protection of Civilians in Armed Conflicts; Child and Armed Conflicts; Biological Weapons; Convention on Certain Conventional Weapons; Landmines; Explosive Remnants of War; Cluster Munitions; Right of Individual Claims for Violations of International Humanitarian Law; Establishment of National Committee on International Humanitarian Law); IX. International Law of Treaties (Reservations to Treaties; Effects of Armed Conflicts on Treaties); X. International Environmental Law (Principle of “Common but Differentiated Responsibilities”; Shared Natural Resources; Climate Change; Disaster Reduction); XI. Law on Diplomatic Relations; XII. International Criminal Law (International Criminal Court; ICTY and ICTR; Special Court for Serra Leone (SCSL); Special Tribunal for Lebanon; International Military Tribunal for Far East; Aut Dedere Aut Judicare; Immunity of State Officials from Foreign Criminal Jurisdiction; Criminal Accountability of United Nations Officials and Experts on Mission; Repatriation of Some Chinese in Guantanamo; Criminal Jurisdiction in Joint Military Exercises); XIII. Law on the United Nations (Sanctions by the United Nations; Amendment of the Charter of the UN; Security Council Reform); XIV. International Organizations Law; XV. International Law on State Responsibility (Responsibility of States for Internationally Wrongful Acts; Prevention of Transboundary Harm from Hazardous Activities and Allocation of Loss in the Case of Such Harm). | [
{
"display_name": "Chinese Journal of International Law",
"id": "https://openalex.org/S59397192",
"type": "journal"
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|
https://openalex.org/W3212856263 | Amin Maalouf and the Value of Cultural Diversity for Universal Cultural Rights in International Law | [
{
"affiliations": [],
"display_name": "Beatriz Barreiro Carril",
"id": "https://openalex.org/A5053524777"
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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/C55447825"
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{
"display_name": "Universality (dynamical systems)",
"id": "https://openalex.org/C183992945"
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{
"display_name": "Cultural relativism",
"id": "https://openalex.org/C179972433"
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{
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"id": "https://openalex.org/C125209646"
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{
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"id": "https://openalex.org/C17744445"
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{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
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"Lebanon"
] | [] | https://api.openalex.org/works?filter=cites:W3212856263 | AbstractThis article seeks to contribute to the better understanding of current international cultural rights and of their evolution by focusing on the Lebanon and the works of Amin Maaouf. His novel The Disoriented (Les Desorientés) is a very useful tool for this objective. I will take into account the importance of accurately understanding the legal concepts of universality and cultural diversity in International Law.In the first section, I will discuss how International Human Rights Law has dealt with cultural rights. Law – International Law included – has for many decades easily accepted a flawed conception of culture which did not understand its dynamic nature, as well as the capacity of diverse cultural expressions to engage in conversation among them and to generate common and universal cultural expressions. Culture was commonly seen as a risk for universality and universal human rights.In the second section, I will explain how things started to change and International Law has definitively left the attitude of ‘demonizing’ culture and started to put into question the flawed conceptions it has been using. Such a change is clear in the works of organs of the United Nations which are going to be analyzed.The third section discusses the notion of cultural diversity and its links with International Human Rights Law. An appreciation of cultural diversity is essential for an adequate understanding and implementation of cultural rights to be understood as universal rights. This article will explain the concept of cultural diversity as developed in the 2005 UNESCO Cultural Diversity Convention and the Declaration on Cultural Diversity which preceded it. An interdisciplinary group, which included International Law experts but also experts from other disciplines, including Amin Maalouf, was in charge of preparing a document on which this Convention would be based.The fact that Amin Maalouf played a role in the development of the text concerning cultural diversity is key. Looking into extra-legal tools such as literature for contributing to the understanding of cultural rights is essential, as Martha Nussbaum shows through the concept of narrative imagination. This article seeks to contribute to explaining the value of cultural diversity for universal cultural rights in legal terms through Maalouf’s novel Les Desorientés. This novel offers invaluable material for the understanding of complex legal concepts – culture, identity, and community – which are at the core of an adequate use of cultural rights and cultural diversity which avoids segregation and contributes to the knowledge among diverse cultural expressions and to the fulfillment of universal human dignity. | [
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https://openalex.org/W1973358056 | Comment on Mathias Risse: "A Right to Work? A Right to Leisure? Labor Rights as Human Rights" | [
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"Gaza Strip",
"Gaza"
] | [] | https://api.openalex.org/works?filter=cites:W1973358056 | In his ambitious paper, Risse addresses many important topics ranging from very general issues about what human rights are to quite specific questions about rights to work and leisure. I comment on four themes arranged in order of decreasing generality: Risse's understanding of what human rights are, Risse's suggestion that a conception of human rights should best be "basis-driven," Risse's particular basis-driven conception of human rights, and Risse's specific position on human rights relating to labor and leisure.What grounds can Risse give us for accepting his revisionist understanding of human rights as membership rights, which is so dramatically at odds with fundamental fixed points that have been taken for granted in human rights disputes over the last 60 years or so? If Risse has his way, then the treatment of a human being by others raises human rights concerns only if she is a participant in the global order and only if her treatment is a matter of international concern. It is obvious how this understanding of human rights is welcome to those who seek to free their own conduct or their country's policies from human-rights constraints. Appealing to Risse's understanding, they will be able to block criticisms based on human rights by denying, for example, that the people of the Gaza Strip are members of the global order or by denying that the torture of Burmese citizens within Burma is a matter of international concern. For those whose human rights are in jeopardy, Risse's understanding of human rights could be a disaster. We should therefore examine very closely the arguments he may yet produce for his understanding and, unless they are hugely compelling, stick to the orthodox understanding of human rights as rights that all human beings have against all other human agents. | [
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https://openalex.org/W590058957 | Humanitarianism and suffering : the mobilization of empathy | [
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] | [
"Algeria",
"Morocco"
] | [] | https://api.openalex.org/works?filter=cites:W590058957 | Part I. Histories and Contexts: 1. Mourning, pity, and the work of narrative in the making of 'humanity' Thomas W. Laqueur 2. Contemporary humanitarianism: the global and the local contemporary David P. Forsythe 3. Humanitarian reading Joseph R. Slaughter 4. Global media and the myths of humanitarian relief: the case of the 2004 tsunami Rony Brauman 5. Hard struggles of doubt: abolitionists and the problem of slave redemption Margaret M. R. Kellow 6. 'Starving Armenians': the politics and ideology of humanitarian aid in the first decades of the twentieth century Flora A. Keshgegian 7. International bystanders to the Holocaust and humanitarian intervention Michael R. Marrus Part II. Narratives and Redress: 8. Victims, relatives and citizens in Argentina: whose voice is legitimate enough? Elizabeth Jelin 9. Children, suffering and the humanitarian appeal Laura Suski 10. The physicality of legal consciousness: suffering and the production of credibility in refugee resettlement Kristin Bergtora Sandvik 11. 'Can you describe this?': human rights reports and what they tell us about the human rights movement Ron Dudai 12. Financial reparations, blood money, and human rights witness testimony: Morocco and Algeria Susan Slymovics 13. Remnants and remains: narratives of suffering in post-genocide Rwanda's Gacaca courts Lars Waldorf. | [] |
|
https://openalex.org/W2000553159 | Human rights discourse and practice as crisis management: insights from the Algerian case | [
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"Algeria"
] | [
"https://openalex.org/W63217324",
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"https://openalex.org/W4302812092",
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] | https://api.openalex.org/works?filter=cites:W2000553159 | In recent years, academic work in the field of International Relations has tended to concentrate on the impact of norms and ideas on the changing behaviour of states. Constructivism has evolved as the main challenger to rationalist theories. Constructivists emphasize that state behaviour is not primarily determined by economic or military conditions but by internationally held norms and ideas, such as human rights. According to this approach, changing state behaviour with regard to human rights is determined by transnational human rights networks, which exert moral pressure on states which violate human rights so that they comply with international standards. This paper challenges these theoretical assumptions with regard to the reality of human rights in Algeria between 1962 and 2001. The empirical analysis of the Algerian case demonstrates that Algeria has not been vulnerable to moral pressure from a transnational human rights network. The various changes in the human rights record of Algeria during the period examined can best be explained by existing rationalist approaches which concentrate on socio‐economic and political interests. This paper proposes an alternative explanation regarding changing state behaviour in the field of human rights. In the Algerian case, these changes should be seen as a means of the ruling elite to secure and maintain its power. | [] |
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https://openalex.org/W2058247221 | Narration in International Human Rights Law | [
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"Algeria"
] | [] | https://api.openalex.org/works?filter=cites:W2058247221 | In his paper, "Narration in International Human Rights Law," Joseph R. Slaughter argues that the prohibitions and entitlements articulated in international human rights law presume and promote an image of the human being as a self-narrating subject. He proposes that human rights law enshrines commitments to the human voice and to the ability of the individual to construct narratives of identity. In this sense, human rights violations can be understood as assaults on the human voice and on the socio-cultural structures that make certain kinds of narratives and narration possible. This narratological reading of the law offers a way to recast, or complicate, the tension between the two poles of universalism and relativism that have dominated the human rights debate for a few decades. To demonstrate the centrality of narration to the human rights regime, Slaughter examines a particularly troublesome historical event that has renewed resonance today: the French practice of torture during the Algerian Revolution. Under torture, the voice is a primary site of repression, but, he suggests, torture is only an extreme example of the ways in which human rights violations generally attempt to disarticulate a free speaking, or narrating, subject. | [
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https://openalex.org/W1600365882 | Human rights law in Africa | [
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] | [
"Algeria",
"Tunisia",
"Sudan",
"Djibouti",
"Libya",
"Egypt",
"Somalia",
"Morocco"
] | [] | https://api.openalex.org/works?filter=cites:W1600365882 | Introduction. Part One: The United Nations and Human Rights in Africa. Chart of ratifications of the main UN human rights treaties by African states. Reservations, interpretive declarations and objections. Discussion of African states and the UN human rights instruments. The International Criminal Tribunal for Rwanda (ICTR). Part Two: The Regional Protection of Human Rights in Africa. 1. The Organization of African Unity. Organogram of the OAU. Chart of ratifications of the main OAU human rights treaties. Reservations, interpretive declarations and objections. Texts of human rights and related instruments of the OAU. Documents of the Assembly of Heads of State and Government. Documents of the Council of Ministers. Documents of the African Commission on Human and Peoples' Rights. The African Court on Human and Peoples' Rights. Discussion of the African regional human rights system. 2. Other Documents on Human Rights in Africa. 3. Sub-Regional Institutions and Human Rights in Africa. Arab Maghreb Union. Common Market for Eastern and Southern Africa (COMESA). Economic Community of West African States (ECOWAS). Southern African Development Community (SADC). 4. The European Union and Human Rights in Africa. 5. The Commonwealth of Nations and Human Rights in Africa. 6. The Arab League of Nations and Human Rights in Africa. 7. The Organization of the Islamic Conference. 8. The Francophonie and Human Rights in Africa. Part Three: Human Rights Law of the Countries of Africa. Schedule of previous and forthcoming elections in Africa. Algeria. Angola. Benin. Botswana. Burkina Faso. Burundi. Cameroon. Cape Verde. Central African Republic. Chad. Comoros. Congo. Cote D'Ivoire. Democratic Republic of Congo. Djibouti. Egypt. Equatorial Guinea. Eritrea. Ethiopia. Gabon. The Gambia. Ghana. Guinea. Guinea-Bissau. Kenya. Lesotho. Liberia. Libya. Madagascar. Malawi. Mali. Mauritania. Mauritius. Morocco. Mozambique. Namibia. Niger. Nigeria. Rwanda. Sao Tome and Principe. Senegal. Seychelles. Sierra Leone. Somalia. South Africa. Sudan. Swaziland. Tanzania. Togo. Tunisia. Uganda. Zambia. Zimbabwe. | [] |
|
https://openalex.org/W1584253788 | International Human Rights: Islam's Friend or Foe? Algeria as an Example of the Compatibility of International Human Rights Regarding Women's Equality and Islamic Law | [
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"Algeria"
] | [] | https://api.openalex.org/works?filter=cites:W1584253788 | Part I of this Note briefly discusses the development of International Human Rights Law as embodied in international covenants today. Part I also discusses Islamic law, the traditional role of women under Islamic law and culture, Algeria’s Constitution and Family Code, and other dynamics specific to Algeria that have hindered women’s obtainment of equal rights in the modern era. Part II presents the debate between conservative Islamists who argue that international principles of human rights law are incompatible with Islamic law and the scholars who assert that the two are compatible. Part III, by focusing on fundamental principles underlying the provisions in both the international human rights doctrine and Islamic law, argues that international human rights provisions granting women equal status with men comport with Islamic law principles as much as do legal documents that the Algerian Government has drafted. This Note concludes that the deprivation of women’s equal rights based on the claim of conflict with Islamic law is unjustified and that the example of Algeria proves that Islamic countries can and should protect human rights without regard to gender. | [
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https://openalex.org/W2094531047 | Group Rights and the Muslim Diaspora | [
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] | https://api.openalex.org/works?filter=cites:W2094531047 | Group Rights and the Muslim Diaspora 1 William Barbieri (bio) I. Introduction The fifty years following the promulgation of the Universal Declaration of Human Rights have witnessed a signal achievement: the establishment of a moral lingua franca for global politics. In statements by visiting heads of state, in the efforts of international organizations, in the pleas of grassroots associations and nongovernmental organizations, in the declarations of religious bodies, and in the accusations of rebel movements alike, talk of justice—and, more immediately, injustice—is conducted in the parlance of human rights. Even the cynical and blatantly manipulative invocations of human rights issued by oppressors and tyrants provide a sort of backhanded testimony to the moral force of the idea. As Michael Walzer remarked in connection with the ethics of war, “Wherever we find hypocrisy, we also find moral knowledge.” 2 It is part and parcel of their promotion to present human rights as fixed and obvious verities of human experience. This image masks, however, deep ambiguities, if not paradoxes, in the nature of human rights. Thus, the normative authority of human rights claims stands against a widely shared confusion regarding the relationship between the moral and legal dimensions [End Page 907] of human rights. Thus, a remarkable measure of practical agreement on international human rights standards stands against widespread disagreement on their theoretical underpinnings. Thus, the historicity characterizing the emergence of human rights norms stands against the timelessness they claim for themselves. Thus, the universality suggested by the very notion of human rights stands against the impact of the particularity of each context in which they are invoked. One should think of these antinomies as constituting a framework of creative tensions within which human rights are dialectically articulated and promoted. Human rights discourse, in this view, is best understood as the practice of collectively interpreting the implications and requirements of the idea of human rights, always in light of the experience garnered in attempts to realize human rights in practice. One of many theaters in the ongoing project of interpreting human rights is Islamic Western Europe. This is the Europe marked by the promi-nent mosque on the banks of the Alster in Hamburg, by the students wearing head scarves in state-run lycées in Paris, and by the public calls to prayer in Birmingham. It is a Europe that has emerged from the aftermath of colonial-ism and the wake of the worker recruitment programs of the fifties and sixties that constitutes a forum for the politics of identity, difference, and recognition. 3 At the heart of this Europe, sharpened by the conjuncture of divergent world-views, lies a set of questions bearing on fundamental notions of human rights. What consequences does this new social constellation bring for our understanding of the tension between the individual rights of liberal tradition and the group rights championed by the multiculturalists? What, in this context, is the meaning of equality? Also, what are the implications of Islamic Europe with regard to how we should think about religious freedom? In taking up this rather daunting cavalcade of questions, the intent of this article is, in the first place, simply to shed some light on their ethical complexities. Illumination of the structure of moral problems is the primary task of applied ethics; to this, the constructive normative argument must take a back seat. Accordingly, what this article will offer in the way of answers will be, at best, tentative and highly provisional. All the same, some attention will be devoted to proposing guidelines that might assist in resolving conflicting claims of human rights. [End Page 908] II. The Issues The Islamic presence in Western Europe is marked by a good deal of diversity; France’s Algerians, Germany’s Turks, and the United Kingdom’s Pakistanis are only the most prominent of the predominantly Muslim immigrant populations that have established themselves as minorities in recent decades, in some cases, joining small groups of indigenous Muslims. 4 Equally variegated have been the receptions accorded this influx in the respective countries of destination, with respect to both the legal incorporation of the newcomers and their social and economic integration. 5 All the same, the encounter between... | [
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https://openalex.org/W3037825553 | Decolonizing the United Nations | [
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] | https://api.openalex.org/works?filter=cites:W3037825553 | This chapter revisits the relationship between the nascent UN human rights system and decolonization in the French empire after World War II. French officials went to great lengths to ensure that anti-colonialism would not be viewed as a global human rights movement. At the same time, faced with pressure to implement UN human rights standards in African colonies, they found themselves unable to reconcile their own constitutional doctrine of assimilationism, premised on a universalist conception of “the rights of man,” with the existence of unequal colonial rights regimes based on cultural difference. Private petitions sent to the UN from individuals and NGOs around the world drew attention to the French state’s abuse of colonial subjects, above all in Algeria, Morocco, and Tunisia. These anti-colonial activists, whether residing in colonial territories or abroad, conceived of the defense of civil liberties as inseparable from the struggle for independence. While citations of UN human rights standards declined over the course of the 1950s, petitioners left no doubt that guarantees of individual freedoms and trade union rights were a prerequisite for national self-determination. | [
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https://openalex.org/W3096390733 | Djamel Ameziane v. U.S.A., Report No. 29/20, Case 12.865 Merits, (Inter-Am. Comm'n H.R.) | [
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] | [] | https://api.openalex.org/works?filter=cites:W3096390733 | On April 22, 2020, the Inter-American Commission on Human Rights (Commission) issued its first decision on one of the Guantanamo detainees, Djamel Ameziane, an Algerian Muslim who was held at Guantanamo for almost 12 years until he was deported to Algeria in 2013, in violation, inter alia, of the principle of non-refoulement. The case was brought on Mr. Ameziane's behalf by the Center for Constitutional Rights (CCR) and the Center for Justice and International Law (CEJIL), and the decision is very comprehensive and carefully written, as is to be expected of a decision totaling 70 pages. Although the United States became a party to the UN Covenant on Civil and Political Rights in 1992, it never accepted the first Optional Protocol, which gives individuals the right to bring complaints against the United States before the U.N. Human Rights Committee; consequently, the only international body to which an individual can bring a complaint against the United States for a violation of international human rights law is the Inter-American Commission on Human Rights, a principal organ of the Organization of American States (OAS). | [
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https://openalex.org/W3010491281 | حقوق الطفل بين الشريعة الإسلامية والقانون الجزائري | [
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] | [] | https://api.openalex.org/works?filter=cites:W3010491281 | تعتبر حقوق الطفل من الحقوق المهمة التي يجب أن تعمل الدول على حمايتها وترقيتها، فقد كفلت الشريعة الإسلامية هذه الحقوق، وكانت السباقة في النص عليها والاهتمام بأدق التفاصيل التي تجعل الطفل يعيش حياة هادئة يتمتع فيها بحقوقه، وقد نصت القوانين الداخلية للدول كذلك على هذه الحقوق و من بينها الجزائر، ولما كانت حقوق الطفل جزءا لا يتجزأ من حقوق الإنسان كان من الواجب الاهتمام بها وترقيتها. الكلمات المفتاحية: حقوق الطفل، الشريعة الإسلامية، القانون الجزائري Abstract Rights of the child one of the most important rights that should States to protect and upgrade. Islamic sharia ensured These rights and was the forerunner to text on by the attention to details that make a child live a quiet life where his rights. As stipulated in the domestic laws of the states to these rights, including Algeria, since the rights of the child is an integral part of human rights and due attention by the upgrade. Key words : the rights of the Child, the Islamic Sharia, Algerian law. | [] |
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https://openalex.org/W3164748698 | (Women's Rights among International Instruments and Algerian Legislation (Comparative Study: حقوق المرأة بين الصكوك الدولية والتشريعات الجزائرية (دراسة مقارنة) | [
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] | [] | https://api.openalex.org/works?filter=cites:W3164748698 | Focused on the United Nations since its inception women's rights without any discrimination between men and women, Vchrist right to education, through resistance to discrimination in education Treaty, and their right to enjoy political rights through three international documents is the Political Rights of Women, the Convention on Elimination of All Forms discrimination against women, on civil and political rights, which asked the Member States to abide by securing equality between spouses in the rights and responsibilities of the marriage, during marriage and at its dissolution and the international Covenant. ILO also focused on women's work, issued a number of international conventions in this regard, including the Maternity Protection Convention, and the Convention on the prohibition of night work for women, the Convention on equal pay between male and female workers at the equal value of work, and the Convention on discrimination in employment and occupation. On the basis of the principles of equality and equal opportunities between men and women and a commitment to the principles and international resolutions to abolish all forms of discrimination on grounds of sex, it made Algeria efforts to guarantee women's rights and the equality between men and women in rights and duties, and this was confirmed by the constitutions of the Algerian successive constitutional amendment for the year 2016 and the various legislation the most important of the national Labour and social security and the family Law Act and order No. 76-35 on the organization of education and training modified and complemented. | [
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https://openalex.org/W2482916919 | Counter-Terrorism in International Human Rights Law | [
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"Algeria",
"Yemen",
"Jordan",
"Israel"
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https://openalex.org/W2027698892 | Muslim Women and Human Rights: Does Political Transformation Equal Social Transformation? | [
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] | https://api.openalex.org/works?filter=cites:W2027698892 | Universal human rights occupy a contested role in the Middle East and North Africa. Governments claim in their constitutions to uphold the rights of every citizen, regardless of gender and race with respect to granting them dignity and representation that is in line with universal human rights and the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW). However Islamists within these countries do not acknowledge universal human rights discourse and consider it contrary to Islamic principles. One aim of this article is to reveal that the governments in Egypt and Algeria utilise the Sharī’ah to suppress women in the respective societies. Two further arguments are first, that governments, in order to maintain authority and political control, comply with the restrictive demands of Islamists towards women because they are perceived as having popular support. Second, women centred- conventions and movements such as CEDAW and Musawah respectively argue that Muslim women's existence, should not be constrained by limited interpretations of the Sharī’ah and restrictive cultural traditions as supported by Islamists and Islamic governments. | [
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https://openalex.org/W1982299298 | The International Covenant on Economic, Social and Cultural Rights as a tool for combating discrimination against women: general observations and a case study on Algeria<sup>*</sup> | [
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"https://openalex.org/W2037688810",
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] | https://api.openalex.org/works?filter=cites:W1982299298 | The International Covenant on Economic, Social and Cultural Rights (ICESCR) is vital to protecting the human rights of women. This is reflected in the substantive rights which the treaty guarantees and its procedural emphasis on non‐discrimination. The ICESCR now has 151 State Parties, as compared with 180 states that have ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). While the latter is a lightning rod for opposition to the advancement of women's rights, the former is not. It may, therefore, be a particularly useful tool for combating discrimination against women, especially in the Muslim world where resistance to CEDAW in conservative quarters is strong. Still, some argue that the Committee on Economic, Social and Cultural Rights, which monitors implementation of the ICESCR, needs to further elaborate its jurisprudence on women's issues. Against such a complex backdrop, this study will explore the utility of the ICESCR in combating discrimination against women, looking in particular at the example of Algeria, which became a State Party in 1989. | [
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https://openalex.org/W4380898702 | Impact of Algeria&apos;s Reservation to CEDAW on the Freedom of Muslim Women | [
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"Algeria"
] | [] | https://api.openalex.org/works?filter=cites:W4380898702 | It is well established that the international community, and particularly Western society, follows the belief that women, especially Arab Muslims, do not enjoy a measure of freedom, for the reason that they are not considered to have de facto equality with men in rights before duties. This has resulted in suffering regarding all forms of blatant discrimination and this is not in line with the principles preached by the human rights advocated by international organizations and conventions. The latter clearly necessitated the enactment of a convention guaranteeing women's freedom through equality between the rights of women and men and the elimination of all discrimination between them. All this aforementioned discrimination and lack of freedom resulted in the Convention on Elimination. On this basis, the rationale of the present research paper and its objectives aim to shed light on the issue of women's empowerment regarding their rights at both, the level of international conventions as well as legal texts. In addition to this, the Algerian legislator had attempted to reconcile with the provisions of the Convention on the Elimination of all forms such as Discrimination against Women whether through the rules of family law or those rules that are derived from Islamic law. | [] |
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https://openalex.org/W1575024684 | Women, Islam and International Law within the Context of the Convention on the Elimination of All Forms of Discrimination Against Women, Ekaterina Yahyaoui Krivenko : book review | [
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"Algeria"
] | [] | https://api.openalex.org/works?filter=cites:W1575024684 | In Algeria, three feminists were arrested and jailed without trial, then kept incommunicado for seven months. Their crime was having discussed with other women the government's proposal to introduce a new set of laws on the family (Code de la Familie) that severely reduced women's rights in this field. In India, a Muslim woman filed a petition to the Supreme Court arguing that the application of religious minority law denied her rights otherwise guaranteed to all citizens under the Constitution of India. In Abu Dhabi, for the alleged crime of adultery a pregnant woman was sentenced to be stoned to death two months after giving birth.
Due to incidences such as the above, there are a plethora of books and articles dealing with the tension that exists between Islam, women and international law. Ekaterina Yahyaoui Krivenko's Women, Islam and International Law within the Context of the Convention on the Elimination of All Forms of Discrimination Against Women is a rigorous and relevant contribution to this debate. She focuses on Muslim women's human rights within the context of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Her aim is to engage all the CEDAW role players (women, lawyers, committees and states) to secure women's human rights in countries with reservations to the CEDAW based on Islam. | [
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https://openalex.org/W1675317385 | Defamation of Religions: International Developments and Challenges on the Ground: SOAS International Human Rights Clinic Project | [
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"Algeria",
"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W1675317385 | This paper aims to provide a general overview of the current debate on religious defamation laws internationally, and to research and analyze the use and impact of the ‘defamation of religion’ concept and blasphemy laws on freedom of expression in three OIC member states. Part I of the paper will explore the evolution of the concept within the UN in three sections: Section One looks at the positions held by the OIC since the introduction of the initial resolution on defamation of religion at the UN; Section Two explores the counter positions held by NGOs and states in disagreement; and Section Three examines the treatment of this concept in other UN reports, namely from its committees and independent experts, as a measure of the current international consensus. Part II of this project is a study of three selected OIC member states: Algeria, Syria and Pakistan. In this section we present the national laws on religious defamation and blasphemy in each country, including amendments and contemporary moves towards reform. We then follow with a series of recent cases that have employed these laws in each of the three countries, and analyse the use of each in relation to the impact it had on freedom of expression, and other rights and freedoms enshrined in human rights law. By doing so we aim to identify whether the de facto prohibition of defamation relating to religion falls within the spirit of, or conversely is repugnant to each state’s obligations under international human rights law. | [
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https://openalex.org/W2050000894 | Human Rights and Reform: Changing the Face of North African Politics (review) | [
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"Algeria",
"Tunisia",
"Morocco"
] | [] | https://api.openalex.org/works?filter=cites:W2050000894 | Reviewed by: Human Rights and Reform: Changing the Face of North African Politics Ann Elizabeth Mayer Human Rights and Reform: Changing the Face of North African Politics, by Susan Waltz (Berkeley, California: University of California Press 1995), ISBN 0-520-20254-6. In an original and important work that will come as a revelation to those who imagine that human rights politics in Arab countries must entail an oxymoron, Susan Waltz demonstrates how significantly human rights advocacy by domestic groups and international organizations operating in conjunction with Western policies of promoting human rights have transformed the rules of the political game in North Africa. No claim is being made, however, that Algeria, Morocco, and Tunisia have in the last decades become paragons in terms of their practical implementation of rights precepts, for one is dealing with clear-eyed, balanced assessments by a scholar who possesses extensive experience on the ground in North Africa and a firm grip on political realities. Without mistaking rhetoric for reality, Waltz presents a convincing case for the proposition that the terms of debates over the use and misuse of power have been dramatically altered in Algeria, Morocco, and Tunisia. Thus, although ingrained patterns of rights violations persist, this political scientist believes that the changes at the rhetorical level are nonetheless such as to portend meaningful metapolitical change in the long term. As she points out, incorporation of human rights in official discourse “creates expectations and reinforces standards to which governments may be held.” 1 Ironically, one consequence of the changed face of North African politics is that human rights are now more imbedded within normal political discourse in these non-Western countries than they are in a Western country like the United States. In contrast to the United States, where human rights concepts rarely figure in domestic political contests, in North African countries political battles are now routinely fought with reference to human rights. This book presents shrewd and well-documented analyses of how human rights have come to have such influence in North Africa, analyses that are relevant for evaluating the impact that human rights can have on politics in other countries moving toward democratization. What accounts for the ability of human rights advocacy to have such impact on politics in these countries? Waltz seems to be on solid ground in attributing this in part to the fact that human rights activism burgeoned in a period when, due to a variety of factors, the old moral order was disrupted and former structures were in a shambles in North African countries. 2 There was thus an ideological vacuum waiting to be filled. Moreover, North African human rights activists tend to be from the same classes [End Page 900] as the ruling elites, which enables them to understand the workings of power, and they possess the resources to mount campaigns on behalf of human rights. In addition, they have the sophistication to use modern means of communication and have had the benefit of supportive initiatives by outside human rights organizations. The crises of legitimacy afflicting North African governments has made their citizens susceptible to the appeals of both Islamic fundamentalism and human rights, which, as Waltz perceptively notes, offer different responses to the same set of concerns. 3 In refreshing contrast to contemporary authors obsessed with political Islam, who may conceive of Islam as the dynamic force in contemporary North African and Middle Eastern societies, Waltz shows that coherent secular programs like the human rights agenda can be both intelligible to and popular among contemporary Muslims. For a variety of reasons, the three North African regimes have chosen to resist Islamic fundamentalism and to make concessions to the mounting pressures being exerted both internally and externally for greater respect for human rights. Relevant in this connection is Waltz’ assessment that the human rights activism of many academics and professionals may be explained by their desire to be politically engaged while avoiding involvement in the distasteful squabbling of partisan politics. 4 Because human rights activists typically have no political ambitions other than seeing human rights principles written into the rules of the political game, and since they tend to be reformers rather than revolutionaries, members of human... | [
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https://openalex.org/W4387908153 | Meanings of the human rights concept: Tunisian activism in the 1970s | [
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] | https://api.openalex.org/works?filter=cites:W4387908153 | AbstractThis article explores human rights activism in an authoritarian context of the Global South in the 1970s through the case of Tunisia, a decade considered by scholarship as the starting point for international human rights norm diffusion, including in the Arab region. It describes how two Tunisian solidarity groups and the Tunisian Human Rights League—considered the first independent human rights organization in the Arab World—used the concept. These organizations are considered catalyzers of the spread of human rights culture in Tunisia. The article argues that the use of human rights and references to the Universal Declaration of Human Rights did not entail that international human rights norms were a core concern. Other justice principles and ideologies prevailed in the 1970s. The article further showcases the complexity of human rights processes in the Global South. Understanding the 1970s necessitates exploring the groups that made use of the concept, the political spaces in which they operated, and the idea environments in which human rights became a part. AcknowledgmentsI would like to express my gratitude to the Carlsberg Foundation for financial support of field work in Tunisia, and to Roskilde University, and its research group on Global Political Sociology, for hosting my research. My gratitude also goes to Dr. Stéphanie Lagoutte and two anonymous readers for their constructive comments and, not the least, to friends and colleagues in Tunisia who consented to share their experience as political and human rights activists with me.Disclosure statementNo conflict of interest was reported by the author.Notes1 When translating the names of organizations into English, I use French acronyms, as these are the best known in the Tunisian context. Names of persons are written with French transliterations used in Tunisia.2 Comité tunisien d’information et de défense des victimes de la répression.3 The main references about this period are Bougerra (Citation2019), Chammari (Citation1975), and Temimi (Citation2008).4 Next to written information about the CISDHT and the prisoners, I build my information on interviews with Hechmi Ben Frej, Aziz Krichen, Khemais Chammari, Alya Chammari, Noureddine Hmila, Hichem Skik and Francoise Valensi, and a conversation with Hsan Ouardani, all former political prisoners or active in solidarity work. My informants do not recall having had the Tehran Conference in mind when including human rights in the name of the CISDHT. In France, establishing ad hoc committees referring to human rights was common. Seven such committees for example were created between 1954 and 1956 in relation to the Algerian war (Berchadsky, Citation1994, p. 20).5 I borrow the term from the works of Tilly (Citation2006) and Tarrow (Citation2011).6 The Tunisian state’s view on the trial was published in Parti Socialiste Destourien (PSD; Citation1968) and Government of Tunisia (Citation1968).7 AI professionalized its presence at the United Nations in 1977 and the mandate started broadening and diversifying in a significant way in 1991 (Clark, Citation2001; Hopgood, Citation2006).8 ʿAāmal Tūnsī (The Tunisian Worker).9 Information about student activism and AT stems from different issues of the journals Perspectives and AT as well as GEAST (1989) and Krichen (2021). It also stems from interviews with Sihem Ben Sedrine, Taher Chegrouche, Mohamed Chérif Ferjani, Hamma Hamami, Ahmed Karaoud, Aziz Krichen, Raoudha Gharbi, Mohamed Khennisi, Habib Marsit, Omar Mestiri, Sadok Ben Mhenni, and Mustapha Tlili, and a conversation with Nejib Chebbi, all former active members of AT.10 The largest trials against AT took place in 1974, the so-called trial of the 202, and in 1975, the trial of the 10111 A main reference in this regard was Lenin’s “What to Do” (Lenin, Citation1902).12 See Lacroix and Pranchère (Citation2012) for a discussion of Marx and the question of democracy. Other key texts are Lenin (Citation1920) and Chinese Communist Party (Citation1963).13 For example, Sihem Ben Sedrine, Khémaîs Chammari, Frej Fenniche, the late Tarek Ben Hiba, and Noureddine Hmila.14 This part is largely based on interviews with Taher Belkhodja (former minister of the interior), Souhayr Belhassen (journalist at Jeune Afrique and close observer of the political scene in the late 1970s), Mustapha Ben Jaafar, Hamouda Ben Slama (both founders of the LTDH), and Khémaïs Chammari (a key figure in the CTIDVR and the LTDH).15 This part is based on interviews with persons listed in note 9. Several memoires regarding prison experience are also available: for example, Bel Hadj (Citation2010), Ben Mhenni (Citation2017), Ferjani (Citation2015), Karoud (Citation2017), and Naccache (Citation2009).16 For the Lenin–Kautsky debate on Marx’s view on the dictatorship of the proletariat, see Lenin (Citation1918) and Kautsky (Citation1918).17 See Ferjani (Citation1982).18 A third, less influential strand adhered to the official Chinese policy of the Three Worlds prioritizing support for Third World regimes against US and Soviet imperialism, whatever their nature. This political line made it acceptable to make alliances with the Tunisian political apparatus.19 See Baīān al-taāsīssiya li-l- ḥizb al-ʿamāl al-shīuʿaiya 1986 (Founding declaration of the Tunisian Communist Workers’ Party), in Arfaoui (Citation2016).20 The group would not be legally registered by the Tunisian authorities until 1989.21 Khémaïs Chammari and Mohamed Charfi.Additional informationFundingThis work was supported by Carlsbergfondet. Notes on contributorsMarc Schade-PoulsenMarc Schade-Poulsen is a visiting researcher at Roskilde University, Denmark, and holds a PhD in social anthropology with a specific interest in North Africa as well as human rights. He is a board member of the Euro-Mediterranean Foundation for the Protection of Human Rights Defenders. Before returning to academia, he served for two decades as the executive director of EuroMed Rights: Euro-Mediterranean Human Rights Network. He is also the author of Music and Men in Algeria: The Social Significance of Raï, Texas University Press, 1999. | [
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] | [] | https://api.openalex.org/works?filter=cites:W1993718078 | Disproportionate and unsubstantiated allegations of human rights violations, war crimes and racism have been employed as a form of political warfare designed to isolate Israel internationally. This strategy, based on the model used to defeat the apartheid government in South Africa, was adopted in 2001 at the NGO Forum of the UN-sponsored Durban Conference on racism, in which 1500 organizations participated. Since then, as demonstrated in this article, many human rights NGOs have consistently supported the political agenda of the Organization of the Islamic Conference (OIC), whose members dominate the UN Human Rights Council. In the decade following the Durban conference, the NGO network has issued frequent condemnations of Israel based on false or unverifiable allegations of human rights abuses and ‘war crimes’. The NGO campaigns, led by international groups such as Human Rights Watch and Amnesty International, are central in this process, from Jenin (2002), through the UNHRC's Goldstone Report on the Gaza war (2009). Journalists, academics, diplomats, political leaders, and legal officials in liberal Western democracies frequently cite these generally unsubstantiated allegations in condemning Israeli policies, reflecting the ‘soft power’ of these NGOs acting to reinforce the Palestinian narrative and the objectives of the OIC. | [
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] | [] | https://api.openalex.org/works?filter=cites:W4245846042 | This article explores the tensions between geopolitics and human rights under present conditions of world politics. It takes notes of the rise of human rights as a discourse in international law, and draws attention to the use of this discourse by powerful states, especially the United States, to validate non-defensive uses of force. It also notes the role of the media in facilitating the geopolitical agenda associated with exerting pressure on some conditions (Darfur, China, Cuba) but exempting other situations as serious or more so (Gaza, Saudi Arabia). This article also discusses the reliance on the human rights discourse by oppressed groups and by countries in the South, and the emergence of a counter-hegemonic tradition in human rights that challenges geopolitical projects in a variety of settings. The main conclusion is that neither an uncritical endorsement nor a cynical dismissal of human rights is appropriate at this time. | [
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https://openalex.org/W2019753977 | The power of rights and the rights of power: what future for human rights? | [
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"https://openalex.org/W363025326",
"https://openalex.org/W3121844965"
] | https://api.openalex.org/works?filter=cites:W2019753977 | This article explores the tensions between geopolitics and human rights under present conditions of world politics. It takes notes of the rise of human rights as a discourse in international law, and draws attention to the use of this discourse by powerful states, especially the United States, to validate non-defensive uses of force. It also notes the role of the media in facilitating the geopolitical agenda associated with exerting pressure on some conditions (Darfur, China, Cuba) but exempting other situations as serious or more so (Gaza, Saudi Arabia). This article also discusses the reliance on the human rights discourse by oppressed groups and by countries in the South, and the emergence of a counter-hegemonic tradition in human rights that challenges geopolitical projects in a variety of settings. The main conclusion is that neither an uncritical endorsement nor a cynical dismissal of human rights is appropriate at this time. Keywords: human rights; geopolitics; hegemony; counter-hegemony; international law Citation: Ethics & Global Politics 2008. DOI: 10.3402/egp.v1i1.1815 | [
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https://openalex.org/W3177312347 | UN Responsibility towards Actions against International Regulations (Comprehensive Study of UN Human Rights Council on Gaza War) | [
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] | [] | https://api.openalex.org/works?filter=cites:W3177312347 | According to the resolution S-21/1 on 23 January 2014, human rights council decided to send independent committee in order to investigate on Gaza war and its crimes. International law especially human rights, humanitarian law and criminal law have been normative framework of investigating committee. Therefore, this article is to study the published report, to analyze how international society deals with actions against international regulations in the war and also responsibility of UN. Accordingly the main question of the article is: what is responsibility of UN and related institutions towards crimes against human rights committed in Gaza war and also how actions of institutions may affect similar events in the future? Provisional answer may be that responsibilities of UN and related institutions toward actions against international regulations including Gaza war of 2014 are: 1) to investigate facts and international violations, 2) to report committed crimes, 3) to persuade international society to take effective action and enforce responsible authorities to accept responsibility of crimes they have committed. Lack of effective actions prepares the situation for further actions against international regulations which leads to instability, human rights violation and international irresponsibility | [
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https://openalex.org/W4226078964 | Seeking the Hypocrisy of Biden Administration’s Human Rights Discourse from its Policy toward the Palestinian-Israeli Issue | [
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"Israel"
] | [] | https://api.openalex.org/works?filter=cites:W4226078964 | After taking office, the Biden administration raised human rights and other values to a much higher position in foreign policy than during the Trump administration, claiming that it would regard the protection of human rights in countries around the world as an important goal of its foreign policy. However, from the perspective of its policy practice on the Palestinian-Israeli issue, its relevant human rights discourse cannot stand the test of facts at all. Although Israel has seriously violated Palestinian human rights for a long time, the Biden administration has paid little attention to the Palestinian-Israeli issue and basically inherited the Trump administration’s policy on key issues of the Palestinian-Israeli conflict, which is tantamount to supporting Israel’s human rights violations. During the Gaza war that broke out in May 2021, the Biden administration refused to condemn Israel’s bombing of Gaza, repeatedly stressed that Israel’s actions were in self-defense, and not only continuously obstructed the Security Council’s adoption of statements condemning Israel and calling for a ceasefire between the two sides, it also approved arms sales to Israel. The above actions of the Biden administration fully reflect the hypocrisy of its human rights discourse. | [
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https://openalex.org/W3162500975 | Paradigm Perplexities: Does International Humanitarian Law or International Human Rights Law Govern the Gaza Border Protests of 2018-2019, & What are the Consequences? A Response to the Supreme Court’s Opinion in Yesh Din v. IDF Chief of Staff (HCJ 3003/18) | [
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https://openalex.org/W2902253404 | Hina Jilani on the value of the rights discourse in the context of political Islam | [
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"Gaza"
] | [] | https://api.openalex.org/works?filter=cites:W2902253404 | Hina Jilani is one of Pakistan’s most influential human rights activists and a leader of Women’s Action Forum, the group that began the modern women’s movement in the country. She co-founded the first women’s law firm and legal aid organisation, AGHS, and the Human Rights Commission of Pakistan. At the international level she has held numerous positions as well. She is a member of the Eminent Jurists Panel on Terrorism, Counterterrorism and Human Rights. In 2009, she was appointed to the United Nations Fact Finding Mission on the Gaza Conflict. She was also UN Special Representative on Human Rights Defenders (2000–2008); appointed to the UN International Fact-Finding Commission on Darfur (2006); and served as President of the World Organisation Against Torture (2016).
 Jilani received the Amnesty International Genetta Sagan Award for Women’s Rights (2000), and the Millennium Peace Prize for Women (2001). She is a member of The Elders, an independent group of global leaders working together for peace and human rights, founded by Nelson Mandela.
 Below are edited excerpts from an interview with Ayesha Khan held at Jilani’s home in Lahore on 23 October 2015. | [
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https://openalex.org/W3162234179 | The Islamic Republic of Iran and children’s right to education: availability & accessibility | [
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] | https://api.openalex.org/works?filter=cites:W3162234179 | The Islamic Republic of Iran is obliged to respect the right to education under international human rights law and has made legal commitments to conform to the 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR) and the 1989 Convention on the Rights of the Child (CRC). Drawing on the framework developed by former Special Rapporteur of the UN High Commission for Human Rights on Education, Katarina Tomaševski, that education must be available, accessible, acceptable and adaptable, this article discusses Iran’s response to its obligation to make education available and accessible. It illustrates how the state is falling short in its duty to make education available and accessible to all children under its jurisdiction, reinforcing the gender inequities experienced by girls and practising religious discrimination in educational access. | [
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https://openalex.org/W3093419278 | Human Rights Universalism in Practice: What the Iranian Women’s Rights Movement Can Teach Us | [
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"Islamic Republic of Iran",
"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W3093419278 | Abstract Does practice demonstrate the legitimacy of international human rights law? This article explores this question via a case study of the women’s rights movement in Iran. Current human rights sceptics question the system’s legitimacy because of a lack of universality and an excessive top-down approach. However, the Islamic Republic of Iran has a remarkable community of grassroots activists. The bottom-up women’s rights initiative of the One Million Signatures Campaign utilised human rights discourse in combination with local, indigenous values in pursuit of gender equality. The article argues—via the case study of this movement—that there is practical evidence to support a theory of human rights universalism, as positive human rights law empowers the existing subjectivity of individuals. The universal legitimacy of international human rights law does not primarily come from a global network dictating common values, but from members of civil society mobilising their status as rights holders. | [
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https://openalex.org/W2059050672 | European Union Constructive Engagement with Iran (2000–2004): An Exercise in Conditional Human Rights Diplomacy | [
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] | https://api.openalex.org/works?filter=cites:W2059050672 | In 2002, the European Union (EU) announced that it would enter a Trade and Cooperation Agreement with Iran. The deepening of economic and diplomatic relations between the EU and Iran was, however, linked by the Commission to progress in four areas: human rights, non-proliferation, terrorism and the Middle East Peace Process. This article argues that the current focus on efforts to find a solution to Iran's nuclear ambitions has overshadowed the dynamics of EU human rights diplomacy towards that country. Unlike diplomatic pressure on the non-proliferation issue, the EU-Iran Human Rights Dialogue did not only enjoy great support by politicians and human rights activists, but did indeed result in changes in legislation and policies aimed at the protection of human rights. Europe's multi-track strategy allowed Iranian activists and members of the legal profession to approach the notion of human rights from within the Shi'a notion of justice and rationality and thus managed to assert Islamic roots for human rights and uncovered the very secular realities of human rights violations in the Islamic Republic. The Dialogue was launched at a critical juncture in Iran's reformist movement and helped likeminded politicians, particularly the executive and parliament, to gain momentum domestically and credibility internationally. While efforts at reform were and still are often impeded by the country's competing centers of power, this article argues that efforts to promote and protect human rights in Iran must not be sacrificed for concerns over the nuclear issue. | [
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https://openalex.org/W2758601557 | Study Right to Education and the Equalization of Educational Opportunities for Exceptional Students in Iran's Law and International Documents | [
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"Islamic Republic of Iran",
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] | [] | https://api.openalex.org/works?filter=cites:W2758601557 | right to is one of the most fundamental human rights in today's world. The constitution of the Islamic Republic of Iran has been recognized by the Islamic Republic of Iran, inspired by the doctrines and teachings of the Islamic faith and consistent with the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights, the right to education as individual rights and rights Social, citizenship. The process of adopting laws and regulations at the national, regional and international levels is the most indicative of the current approach to identifying and recognizing the human rights of exceptional children, as in others. On the one hand, all international documents are included in the general form of all human beings and have always been subject to equality and non-discrimination in the texts of these documents. On the other hand, the international community has not complied with these general documents, and has adopted specific provisions to further underscore the rights of these vulnerable strata. Therefore, exceptional children are supported by general protections, such as other human beings, under special rules of special protection. | [
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|
https://openalex.org/W4311956747 | FEATURES OF ENSURING AND GUARANTEEING WOMEN’S RIGHTS IN THE ISLAMIC REPUBLIC OF IRAN | [
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"Islamic Republic of Iran",
"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W4311956747 | The aim of the article is to examine the main problems of ensuring women’s rights in the Islamic Republic of Iran. In particular, the peculiarities of the legal status of Iranian women in the sphere of economy, education and in the reproductive sphere are considered. The legislative guarantee of women’s political rights in the Islamic Republic of Iran is analyzed. It has been proved that the main factor of changes in the gender issue is the normative and legal framework, because it officially establishes in all spheres of society the relevant norms of behavior aimed at respecting the rights of women and men. It was established that the main law in the country, despite the strong influence of the Koran, remains the Constitution (1979), which not only prescribes in detail the basic rights of women, but also defines the degree of government responsibility for ensuring women’s rights in all spheres of public life. However, in other legal documents, women’s rights in Iran are generally considered limited. It was revealed that Iran is still one of the UN member states that has not signed the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW, 1979). Although Iran’s parliament passed a bill to join the convention in May 2003, the bill was rejected after being sent to the Guardian Council, which is responsible for approving new legislation in the country. The above-mentioned Council cites vague religious contradictions, being under pressure from conservatives in government. The country’s national legislation was found to contain many barriers for women to access basic rights in areas such as employment, marriage and citizenship. Although the situation of women’s rights in the Islamic Republic of Iran has improved recently, women continue to experience marginalization, violence and repression. According to the civil code of the country, where the rights of women in marriage and in the family are enshrined, the dominance of the man in the family is recorded. At the same time, the lack of legal instruments for the protection of women’s rights has created an atmosphere of impunity for acts of violence against women committed by men. It has been found that women from national minorities are in an extremely difficult situation in Iran, who often face intersectional discrimination based on gender, ethnicity, language or religion. | [
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https://openalex.org/W3213417151 | Review of the interaction of Islamic Republic of Iran with the United Nations Human Rights Council from 2006 until now | [
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"Islamic Republic of Iran",
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] | [] | https://api.openalex.org/works?filter=cites:W3213417151 | Whenever we look at the concept of from historical point of view, we can see that this concept with different changes and variables, has been much developed and evolved. From the lawlessness to a period with a few natural rights and limited to some specific nations, to a period with universal rights. The most important concepts underlying the institutionalization of human rights in the world and also converting these concepts into the international practices, came into existence since the founding of the United Nations. Basically, the cornerstone of the United Nations is based on the acceptance of the concept of human rights. The introduction of the United Nations Charter indicated to the fundamental human rights and need to respect these rights, as noted: the international cooperation in promoting and encouraging respect for human rights and for fundamental freedoms... . Human Rights Council was established in 2006 (1384 SH) as the first human rights subsidiary organ of the United Nations with the aim of promotion and protection of human rights in all countries. Islamic Republic of Iran, in addition to the UN Charter which some of its articles are dedicated to human rights, has signed and ratified many of international human rights treaties. The present article tries to study the structure of the UN Human Rights Council and interactions of the Islamic Republic of Iran with it. | [
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|
https://openalex.org/W174745614 | Role of International Actors in Human Rights Issues in Iran from 1990-2008 | [
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"display_name": "Hassan Davoodi Fard",
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"Islamic Republic of Iran",
"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W174745614 | This thesis seeks to explore the role of international human rights actors related to promoting of human rights values in Iran from 1990-2008. The Islamic Republic of
Iran‟s discourse and practice on human rights issues has raised much criticism in national and international levels. While Iranian government has had its own human rights perspective in treating its citizens, many international human rights organizations have campaigned to influence the behaviour of Iranian government and people in terms of development of human rights values in Iran.
This study departs from the Universal, Cultural Relativism, and Islamic perspective of human rights and defends the Universal perspective of human rights in general.
The study, as a qualitative study, is based on Constructivism theory to determine the role of human rights actors on Iranian government and people. To illustrate the
interaction and relationship between human rights actors and Iranian state(Government and People) the thesis relies on conceptual framework captured by Constructivism theory. It focuses on the role of international human rights actors
such as European Union, and international nongovernmental organizations such as Amnesty International and Human Rights Watch, and domestic nongovernmental organizations involved in promoting human rights in Iran. It seeks to find the influence of these actors on the behaviour of Iranian state regarding human rights.
This study aims to find if these international actors are changing the features of human rights in Islamic Republic of Iran, and show how Iranian government and people deal with both international and national actors active in promoting human rights values. The findings of this study demonstrate that human right actors have played a significant role in the human rights situation in Iran. It also shows that the Iranian government and society have been affected by efforts of human rights actors after 1990.
In addition, this study reveals that the emergence of Non Governmental Organizations of human rights in Iran is the outcome of the influence of international human rights actors on both the Iranian government and society. And finally, this study argues that the human rights actors – both domestic and international – are challenging the Iranian government behaviour related to human rights issues.
Accordingly, the acceptance of the universality of human rights is inevitable for Iranian government in the future. | [] |
|
https://openalex.org/W2981300080 | Implementation of Universal Declaration of Human Rights Based on Islamic Teachings Focusing on Observation of Citizenship Rights | [
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"id": "https://openalex.org/C86615163"
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{
"display_name": "Right to property",
"id": "https://openalex.org/C22299250"
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{
"display_name": "Bioethics",
"id": "https://openalex.org/C188084074"
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{
"display_name": "Linguistic rights",
"id": "https://openalex.org/C543595228"
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"Islamic Republic of Iran",
"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W2981300080 | Universal Declaration of Human Rights has been adopted by International Community in order to protect human fundamental and basic rights. Though almost the majority of Islamic countries have accepted this declaration, certain criticisms and objections have been raised as regards some of its articles by these countries and a number of efforts have been made in order revise and reform the challenging and disputable articles. This led to the adoption of Islamic Declaration of Human Rights in Cairo according to which the secular fundamental rights stipulated in Universal Declaration of Human Rights were islamicized. The current essay is an effort for assessment of the numerous efforts that have been made for implementation of Islamic rules in the form of rules and regulations of Islamic Republic of Iran and also among Islamic countries. Please cite this article as: Farzi AR, Jalali M, Reaisi L. Implementation of Universal Declaration of Human Rights Based on Islamic Teachings Focusing on Observation of Citizenship Rights. Bioethics Journal, Special Issue on Human Rights and Citizenship Rights 2019; 257-269. | [
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|
https://openalex.org/W2345740388 | The relations between human rights ans islamic rights in domains of private law (with a critical view of Iran law ans Shia religious Rights) | [
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"display_name": "Haamed Moosavinia",
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{
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{
"display_name": "Theocracy",
"id": "https://openalex.org/C33859097"
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"id": "https://openalex.org/C168702047"
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{
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"id": "https://openalex.org/C2780620541"
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{
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"id": "https://openalex.org/C95691615"
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"Islamic Republic of Iran",
"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W2345740388 | In the last two centuries, the science of law as well as other scientific disciplines has made significant developments. One of them is the recognition of human rights. Undoubtedly, today human rights issue is considered as one of the main concerns of the international legal community. As far as it seems in many communities, Universal Declaration of Human Rights and human rights teaching, replaced some scriptures and religious teachings which had high status and respectful position in the past. Considering this reality, it is obvious that dispute and conflict occurs between the activists of the two domains!. By studying the possible conflicts between human rights principles and Shiite religious teachings (One of the Islamic schools) in the area of private law, and the study of the internal laws of the Islamic Republic of Iran- As a theocracy which approved and set its rules in accordance and comply with the Shia principles - In this field, it seems that the existing conflicts in many cases, is not the inevitable result of belief in Islam and adherence and obligation to the Shia principles, but as a result of a specific look and a radical interpretation of religious teachings. | [] |
|
https://openalex.org/W2491035480 | Standards of criminal justice in hearing process, according to Criminal Procedure in 2013 | [
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{
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{
"display_name": "International Covenant on Civil and Political Rights",
"id": "https://openalex.org/C2781329779"
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"id": "https://openalex.org/C2776243541"
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{
"display_name": "Torture",
"id": "https://openalex.org/C544040105"
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{
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"id": "https://openalex.org/C22299250"
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"Islamic Republic of Iran",
"Iran"
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"https://openalex.org/W2283819011"
] | https://api.openalex.org/works?filter=cites:W2491035480 | Todays, the standards of criminal justice in the proceedings, there is a fundamental and non-negligible principle and regardless of consecrating it, we will not reach the ultimate goal is the same judiciary, justice and equality. In all documents and international treaties, the standards of criminal justice in human rights have been emphasized. The most important international documents existing in this field include the International Covenant on Civil and Politic, the Convention against torture and other punishments and cruel inhuman and degrading treatments, the Universal Declaration of Human Rights, the African Charter on Human Rights, the American Convention on Human Rights, the Commission and the European Court of Human Rights and so on. It has been required around the documents and recent treaties of signatory states to strengthen the right to freedom, dignity and not doing inhumane treatment against their own citizens. The presumption of innocence, the openness of proceedings, independence and impartiality of the judiciary and the legislature systems, and being the personal criminal responsibility would be considered as the most important principles of a fair hearing. In law of Iran, based on admiring the legal and Islamic juridical grounds in legislation after the Islamic Revolution and as well as accepted international documents and treaties of human-friendly rights by the Islamic Republic of Iran, many of the principles of a fair hearing have been considered in compliance with the legislation. But in some cases, there are also disadvantages. | [
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|
https://openalex.org/W3014619519 | PENGARUH FEMINISME BARAT PADA GERAKAN KESETARAAN GENDER DI REPUBLIK ISLAM IRAN | [
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{
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"Islamic Republic of Iran",
"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W3014619519 | This paper attempts to discuss and elaborate the influence of Western feminism on gender equality movement in the Islamic Republic of Iran. The influence of Western feminism can be seen from the existence of act and demand which are produced by gender equality movements such as the efforts to sign the CEDAW Convention in the Khatami era as the evidence of the government's seriousness to end discrimination against women. Moreover, the liberation movement in Ahmadinejad era was the One Million Signatures campaign which demanded the elimination of discriminatory laws against women and a large Green Movement demonstration with the main demand for democratization, where women have an important role as the forefront and create a peaceful image. Lastly, the My Stealthy Freedom campaign voiced freedom to veil. Using gender mainstreaming theory that explains the process of gender integration, this study found that the gender mainstreaming process is carried out by these gender equality movements, not from the government. The state fails to uphold gender mainstreaming given the many interests and allusions between the actors therein, especially from fundamentalist clerical groups. | [] |
|
https://openalex.org/W2884060990 | Intersecting Issues and Their Implications for Human Rights Practice in Iran | [
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] | [
"Islamic Republic of Iran",
"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W2884060990 | Agents of human rights in the Islamic Republic of Iran have attempted to influence change from both the top-down (through policy, programming and law reform) and the bottom-up (through projects, campaigns and grassroots movements). Both approaches have significant limitations. Vandenhole et al. have argued that top-down/inside-track and bottom-up/outside-track approaches to change are not mutually exclusive and indeed may be more powerful in combination. Yet this idea raises difficult questions about prioritisation of objectives, design and sequencing of strategies, division of roles and the formation of optimal alliances (relationships) between different actors. In this chapter, the authors synthesise lessons learned from a number of case studies on human rights work in Iran, including President Rouhani’s drives for modernisation and internet freedom; the Iran People’s Tribunal; the Defenders of Human Rights Center; and a number of grassroots initiatives, including the women’s movement, the student movement and the environmental movement. After discussing what does and doesn’t seem to work so well, the authors put forward three prepositions to support human rights progress in Iran: 1. On strategies—couple values and interests with evidence, research, and analysis; 2. On targets—go beyond the ‘activist’ niche to empower everyday people in everyday life; and 3. On roles and relationships—break out of silos and build common ground. | [
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|
https://openalex.org/W3202443739 | Foundations of Human Rights: The Unfinished Business | [
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] | [
"Islamic Republic of Iran",
"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W3202443739 | Reviewing the discussions on the foundations of human rights that took place in the U.N.'s first Human Rights Commission to draft the 1948 Universal Declaration of Human Rights, the author points out that the Commissioners, due to the situation at that time, had few discussions on the foundations of human rights and left the problem of foundations for another day. She rejects the idea that the Universal Declaration is western believing that all effective cultures in the world had a creative hand in the shaping of the document. The article then answers the question that how there can be universal rights in diverse cultures. It continues to explain the derby to deconstruct the Declaration and in the end concludes that the challenge of the Declaration is its incoherence and the different meanings and interpretations of human “dignity”. s but also seriously damage the hard gained doctor-patient trust and the historical honor of their profession. Within the law and justice system in practice in the Islamic Republic of Iran, fee splitting in considered unacceptable and illegal and fee splitters may be pursued by law. The same is true in different societies and most medical councils and accepted ethical codes and guidelines. It is clearly stated in the fifth paragraph of the medical affidavit vowed by all Iranian medical students and doctors that fee splitting is considered amoral and even illegal and that healthcare and medical practices are not to be used as a means of gathering wealth for oneself. All Islamic religious leaders have also questioned the lawfulness of money and wealth earned by fee splitting. The act of fee splitting is also recognized as unethical and unlawful in the guidelines and codes affected by universal medicine societies. | [
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"id": "https://openalex.org/S65076878",
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|
https://openalex.org/W3183242121 | State Obligation to Combat Crimes on Drugs and Psychotropic Substances and to Limit Corporal Punishments under International Human Rights Law | [
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{
"display_name": "International law",
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{
"display_name": "International community",
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{
"display_name": "Treaty",
"id": "https://openalex.org/C2779010840"
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{
"display_name": "Obligation",
"id": "https://openalex.org/C2778447849"
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{
"display_name": "Politics",
"id": "https://openalex.org/C94625758"
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{
"display_name": "State (computer science)",
"id": "https://openalex.org/C48103436"
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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/C22299250"
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{
"display_name": "Algorithm",
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{
"display_name": "Computer science",
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] | [
"Islamic Republic of Iran",
"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W3183242121 | In the last few decades, the international community has been able to establish a relative solidarity among its members by maintaining and developing common values and international public order. Crimes related to drugs and psychotropic substances threaten international order and security, as well as, the physical and mental health of individuals in societies. Therefore, States committed themselves to combat against these organized transnational Combating to all manifestations of corruption and destruction, including the related to drugs and psychotropic substances, is one of main objectives of the Islamic Republic of Iran. Therefore, In addition to accession to the relevant international treaties, there has been a decisive approach to these in its agenda. However, applying corporal punishment, in particular executions, has been criticized by human rights institutions. The International Covenant on Civil and Political Rights, as a binding instrument for the government, prohibits the inhumane, cruel and degrading punishments and limits the use of capital punishment merely to the most serious crimes. Whether the related to drugs and psychotropic substances fall among this category of has been analyzed in this Article based on international conventions, General Comments of the human rights treaty bodies, as well as, States practice. It concludes finally that, related to drugs and psychotropic substances do not fall among the category of the most serious crimes in many cases. Therefore, it is necessary to review existing domestic laws. Until then, Iranian courts should minimize the use of corporal punishments, employing national legal capacity to avoid causing international responsibility of the State. | [
{
"display_name": "Majlis and Rahbord",
"id": "https://openalex.org/S4306519107",
"type": "journal"
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] |
|
https://openalex.org/W3169544660 | Dynamic Jurisprudence and Conflict Settlement of the Islamic Republic of Iran with International Conventions on the Prohibition of Executions of Individuals for Crimes Committed bellow the Age of 18 | [
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"display_name": "Zahra Imani",
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{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
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{
"display_name": "Right to property",
"id": "https://openalex.org/C22299250"
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{
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{
"display_name": "World Wide Web",
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{
"display_name": "Computer science",
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] | [
"Islamic Republic of Iran",
"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W3169544660 | The right to life, in accordance with the International Covenant on Civil and Political Rights, is a non derogable right. Article 4, paragraph 2, of the Covenant considers Article 6 (right to life) to be irreparable. Article 6, of course, does not speak of the absolute prohibition of life annulment and preserves it solely for the most serious crimes and observes the conditions. On the other hand, in paragraph 5, he speaks of the absolute ban on the execution of people under the age of 18 and pregnant women. One of the controversies of the Islamic Republic of Iran with these treaties is the discussion about the minimum age of the child for criminal responsibility and specially execution, which the international human rights documents and bodies consider to be 18 years of age. But our jurisprudents have taken to criminal responsibility for age is 9 lunar years for girls and 15 lunar years for boys. This is all the while, unlike Sunnis, who believe that blocking the Ijthad after the four Imams, the Shi'i jurisprudence is characteristic of dynasties, ijtihad, and the high place of tradition and soul. The jurisprudential reasons regarding the issue of maturity and exodus from a childhood are very diverse and the Holy Quran distinguishes between puberty and growth. So that it can avoid conflicts with a human rights instruments and human rights law and consider 18 years old for understanding the consequences of the crime in case of children. | [
{
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"id": "https://openalex.org/S4210180624",
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|
https://openalex.org/W3085861860 | The United States Sanctions against the Islamic Republic of Iran; from Unilateralism to Violations of International Human Rights | [
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"display_name": "Farzaneh Dashti",
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"display_name": "Bizhan Mirzaie",
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{
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"display_name": "Jasieh Jahanmanesh",
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{
"display_name": "Unilateralism",
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{
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"id": "https://openalex.org/C169437150"
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{
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{
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{
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"display_name": "Sanctions",
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{
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{
"display_name": "United Nations Charter",
"id": "https://openalex.org/C2779633737"
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{
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{
"display_name": "Public international law",
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{
"display_name": "Politics",
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{
"display_name": "Security council",
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] | [
"Islamic Republic of Iran",
"Iran"
] | [
"https://openalex.org/W629009135",
"https://openalex.org/W1541931048"
] | https://api.openalex.org/works?filter=cites:W3085861860 | Today, the global system is formed based on multilateralism, which is based on international relations and the origin of international organizations and institutions. But this matter is endangered by the unilateralism pursued by the United States of America. Coercive unilateral measures such as sanctions, threats, military intervention, and even measures such as withdrawal from international treaties are exerted at high levels. Therefore, such actions by a country, which considers itself protector of the human rights and interests of the international police, are contrary to the international law and the United Nations Charter and must be opposed by the international community. This study has adopted a descriptive-analytical approach and is based on internationally accepted documents and procedures. Data collection is done using library and internet tools and relying on objective data. In this study, we seek to answer the critical question of whether the United States' unilateral and hostile sanctions against the Islamic Republic of Iran are legitimate in terms of international law and human rights. Our initial answer (hypothesis) to this question is that the hostile actions of the United States of America against the Iranian people are blatant violations of international human rights law following the resolutions of the UN and the Human Rights Council. The fundamental rights of the Iranian people, such health, life, and the right to development, in all its legitimate respects, have been directly influenced by the hostile and unilateral actions of the United States, and have a worrying impact on the human rights and life of the Iranians. The United States' actions also impede the establishment of lasting and comprehensive peace and security in the international arena. The purpose of this study, therefore, is to examine and evaluate the contradictions between the sanctions as one of the most essential enforced and hostile actions of the United States' government against the economic resources of the Iranian state and nation from the perspective of the international law and human rights. | [] |
|
https://openalex.org/W3132781721 | Theoretical and Empirical Reflections about the Use of Children in Armed Conflicts: A Case Study of the Afghan Refugee Children Recruited by the IRGC in the Syrian Civil War | [
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"affiliations": [],
"display_name": "Saeed Bagheri",
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{
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{
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{
"display_name": "International law",
"id": "https://openalex.org/C55447825"
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{
"display_name": "Refugee law",
"id": "https://openalex.org/C2777251787"
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{
"display_name": "Internal medicine",
"id": "https://openalex.org/C126322002"
}
] | [
"Islamic Republic of Iran",
"Syria",
"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W3132781721 | The Islamic Republic of Iran is host to approximately three million Afghan refugees who fled their homes after the Soviet invasion of Afghanistan in 1989. In order to avoid returning home, the Afghan refugee children, who have lived in tough conditions and have been deprived of their basic human rights, including the right to education and safe learning spaces, have resigned themselves to the Iranian government's refugee policies and procedures. After all, as Human Rights Watch have previously reported, the Iranian government has pledged to issue residence permits to the children of Afghan refugees on condition that they join the Iranian Revolutionary Guard Corps (IRGC) as soldiers in the Syrian civil war.By tackling the legal implications of the recruitment and use of refugee children by the armed forces of their country of refuge and returning them to war, this contribution challenges the direct interplay between human rights law, humanitarian law and refugee law. By doing so, this contribution presents the most straightforward legal explanation of states’ obligations to protect the rights of refugees and to enhance the rights of the child in their country of refuge. The contribution also develops the argument that one legal regime would be more useful than another in protecting the rights of the child. To prove the validity of this argument, the contribution will list the general principles that remain common in human rights law, international humanitarian law and refugee law. This serves as the basis for structuring competency-based responses to the questions of whether and to what extent the Iranian government's approach to child soldiering is compatible with the rights set out in the current international legal framework, which is supposed to protect children from violence and abuse.This contribution addresses how the Iranian government is contributing to the declining protection of the refugee and human rights of Afghan children who are recruited as child soldiers and are wounded or even killed in the Syrian civil war. It then draws attention to the Iranian government's responsibility for human rights, humanitarian law and refugee law abuses – in particular, for the breach of the general obligation to protect refugees in the country of refuge. | [] |
|
https://openalex.org/W3117598218 | Corporal Punishment of Children: An Instance of the Challenge of Cultural Relativism and the Universality of Human Rights of Children | [
{
"affiliations": [],
"display_name": "Amir Hamzeh Zeinali",
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{
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{
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"display_name": "Mofid University",
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],
"display_name": "Hussein Jom̒epour",
"id": "https://openalex.org/A5044453446"
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{
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"id": "https://openalex.org/C17744445"
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{
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"id": "https://openalex.org/C55447825"
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{
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"id": "https://openalex.org/C95691615"
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"id": "https://openalex.org/C62520636"
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] | [
"Islamic Republic of Iran",
"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W3117598218 | Today many countries have taken measures to recognize the values, principles, rules and norms of human rights, adopting appropriate mechanisms to ensure their implementation and monitoring through a set of documents, doctrines, practices and institutions which are known as the international system of human rights. Under this system, in light of all rules of international law related to human rights, a protection system has been established which with all its principles and institutions seeks the ways to provide general public to benefit from the common global values and to ensure respect for the human beings. The development of this system and consensus on the values, principles, rules and norms of human rights provide grounds for the universality of human rights which has its roots in inherent human dignity of people all over the world more than anything else. Thereupon the development of the international system of human rights of children, special protection of children in general and against acts that violate their rights in particular, has been recognized and universally accepted. This principle has been written into the constitutions of many countries but the constitution of the Islamic Republic of Iran is yet to integrate it. Mandatory family responsibilities, differential criminalization and passing specific penalization for behaviors that violate the rights of children, are the most important illustrations of the principle of special protection of children in public welfare, civil and criminal laws. People who are involved in the child's life the most are parents. Hence, the family is the most important factor in child protection. But can such a role and relation be considered as a justification for granting special rights and privileges to parents and other caregivers and consequently pave the way for deviating from the universal principle of prohibiting discrimination against children? Striking a balance between parental rights and children's rights in the family is the most challenging area related to child protection against victimizing within the family of which corporal punishment of children is one. Referring to cultural relativism in countries that are committed to the implementation of United Nations documents in the context of criminal legislation on the one hand and being obliged to observe the religious rulings in this context on the other hand, make the balance very difficult to maintain. This article examines this issue in the light of international human rights and in general and specific documents about children in global and regional levels. | [
{
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"id": "https://openalex.org/S65076878",
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|
https://openalex.org/W2964367690 | The Americanization of Human Rights: Iranian, African, and Chinese Lives in American Autobiography by Sunčica Klaas | [
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"display_name": "James Dawes",
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{
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{
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"id": "https://openalex.org/C95691615"
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{
"display_name": "Linguistic rights",
"id": "https://openalex.org/C543595228"
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{
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"id": "https://openalex.org/C17744445"
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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/C94625758"
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] | [
"Islamic Republic of Iran",
"Sudan",
"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W2964367690 | Reviewed by: The Americanization of Human Rights: Iranian, African, and Chinese Lives in American Autobiography by Sunčica Klaas James Dawes (bio) Sunčica Klaas, The Americanization of Human Rights: Iranian, African, and Chinese Lives in American Autobiography ( Universitätsverlag 2018), ISBN 978-3-8253-6818-0, 269 pages. The United States has a paradoxical relationship with the modern human rights movement. On the one hand, the US positions itself as progenitor and champion. Eleanor Roosevelt chaired the drafting committee for the Universal Declaration of Human Rights, and Human Rights Watch, arguably one of the world's most important human rights organizations, evolved from the US-based Helsinki Watch. On the other hand, the US is an international outlier that has refused to ratify key international treaties from the Rome Statute to the Convention on the Rights of Persons with Disabilities. The ideology of exceptionalism makes the US a selectively fierce defender of the movement, quick to identify atrocities abroad but—in something like an internationally-scaled fundamental attribution error—slow to see patterns of violation at home. In academia, I see the latter most frequently when helping design human rights curricula at universities and colleges, where legal scholars often firmly resist the idea of counting coursework in US civil rights toward a human rights requirement (the history of African Americans is a matter of citizenship and constitutional protections, they argue; it is technically not a human rights concern).1 Sunčica Klaas takes the contradictions of US human rights exceptionalism as a conceptual frame for her new book, The Americanization of Human Rights. Reading survivor autobiographies from the Iranian Islamic Revolution, Sudanese civil wars, and the 1989 Tiananmen Square protests, Klaas shows how the narrative desires and expectations of US publishing markets allow certain classes of survivors to tell their stories, while systematically silencing others. Acceptable narratives, she writes, "enable the American reader to witness the continuous desirability of America as a multicultural safe haven, making good on the promises of humanitarianism and benevolence of its people and institutions"—but only by "discriminating between ideal and non-ideal applicants for empathy and rescue."2 Klaas's first case study focuses on the US publishing market's fascination with stories of women's vulnerability and disenfranchisement in the Islamic Republic of Iran—a fascination that, in her argument, has as its necessary counterpart an aversion to narratives from Iranian men. Klaas provides detailed socio-political readings of Azar Nafisi's Reading Lolita in Tehran (2004), Haleh Esfandiari's My Prison, My Home (2009), and Roxana Saberi's Between Two Worlds (2010). She sees these autobiographies as collective participants in a "New Orientalism" that together earn lavish US literary attention for three reasons. First, they downscale human rights to the question of women's rights in Muslim societies, thereby brushing aside a range of concerns about rights neglected at home that could make US [End Page 761] readers uncomfortable. Second, they present the US and its democratic values as the final global site of rescue and opportunity, satisfyingly embodying the beloved "American success story" that dates as far back as the autobiography of Benjamin Franklin. And third, because the authors "divest themselves of their cultural difference,"3 they enable US women readers to engage in the pleasurable experience of exercising their perceived "universal, benevolent and civilized,"4 capacity to identify across national borders in the very act of consuming the Other as an exotic cultural artifact. Klaas writes cuttingly: "On the one hand, there is the object of reading and looking, the supposed protagonists, 'naked' and 'fixed like a Rodin statue' by the readers' gaze. … On the other, there are the dynamic, cosmopolitan readers, literate in all registers and locations, and capable of shifting between various book clubs with ease since they are supposedly not tied to any specific locality."5 Klaas's second case study focuses on the immense public attraction to autobiographies from the Lost Boys of Sudan, including Benson Deng, Alphonsion Deng, and Benjamin Ajak with Judy A. Bernstein, They Poured Fire on Us (2005); John Bul Dau with Michael Sweeney, God Grew Tired of Us (2007); John Bul Dau and Martha Arual Akech with Michael S. Sweeney... | [
{
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"id": "https://openalex.org/S38600022",
"type": "journal"
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|
https://openalex.org/W2160647883 | Effectiveness of International Actors in Debate of Human Rights in Iran 1990-2008 | [
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{
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"display_name": "Jayum Jawan",
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{
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{
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"https://openalex.org/W2048950963",
"https://openalex.org/W2057937012",
"https://openalex.org/W2057986672",
"https://openalex.org/W2067414883",
"https://openalex.org/W2128248569",
"https://openalex.org/W2132137057",
"https://openalex.org/W2221593381",
"https://openalex.org/W2273457005",
"https://openalex.org/W2418772675",
"https://openalex.org/W3213090436",
"https://openalex.org/W3213880879"
] | https://api.openalex.org/works?filter=cites:W2160647883 | The Islamic Republic of Iran's (IRI) discourse and practice on human rights issues has raised much criticism in national and international levels. While Iranian government has had its own human rights perspective in treating its citizens, many international human rights organizations have campaigned to influence the behaviour of Iranian government and people in terms of development of human rights values in Iran. This study seeks to explore the role of international human rights actors related to promoting of human rights values in Iran from 1990-2008. It focuses on the role of international human rights actors such as European Union (UN), and international nongovernmental organizations (INGOs) such as Amnesty International (AI) and Human Rights Watch (HRW), and domestic Non-Governmental Organizations (NGOs) involved in promoting human rights in Iran. The findings of this study demonstrate that human right actors have played a significant role in the human rights situation in Iran. It also shows that the Iranian government and society have been affected by efforts of human rights actors after 1990. | [] |
|
https://openalex.org/W2010405405 | Human Rights of Women and Children under the Islamic Law of Personal Status and Its Application in Saudi Arabia | [
{
"affiliations": [],
"display_name": "Zainah Almihdar",
"id": "https://openalex.org/A5058671491"
}
] | [
{
"display_name": "Law",
"id": "https://openalex.org/C199539241"
},
{
"display_name": "Convention on the Elimination of All Forms of Discrimination Against Women",
"id": "https://openalex.org/C2779080126"
},
{
"display_name": "Islam",
"id": "https://openalex.org/C4445939"
},
{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
},
{
"display_name": "Family law",
"id": "https://openalex.org/C131932780"
},
{
"display_name": "Sharia",
"id": "https://openalex.org/C168702047"
},
{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
},
{
"display_name": "Convention",
"id": "https://openalex.org/C2780608745"
},
{
"display_name": "Convention on the Rights of the Child",
"id": "https://openalex.org/C2781171240"
},
{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
},
{
"display_name": "History",
"id": "https://openalex.org/C95457728"
},
{
"display_name": "Archaeology",
"id": "https://openalex.org/C166957645"
}
] | [
"Saudi Arabia"
] | [] | https://api.openalex.org/works?filter=cites:W2010405405 | Saudi Arabia has ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC). However, it has made general reservations to the effect that where there is a conflict between a Convention article and Islamic Law principles, Islamic Law shall have precedence. The family law rights of women and children in the Kingdom of Saudi Arabia have been criticised for not reaching the standards set by CEDAW and CRC. This article looks at the internationally set standards of these rights and compares them with the Family Law rules of Islamic Law as applied in Saudi Arabia. The applications in Saudi Arabia are then examined by looking at certain practices, case judgments and recent developments in the country in this field. Amongst these developments are the first case in which a Saudi judge annuls a child's marriage, the first death sentence declared on a father who abused his daughter causing her death, and the Saudi Divorce Initiative which aims to educate women and call for the protection of their rights during marriage and after its dissolution. The article stresses that despite the many improvements, there remains a need for codifying the Islamic Law of Personal Status in Saudi Arabia as this measure would be the basis that defines and protects the rights of women and children in Family Law. | [
{
"display_name": "Muslim World Journal of Human Rights",
"id": "https://openalex.org/S43270013",
"type": "journal"
}
] |
|
https://openalex.org/W1990206012 | Saudi Arabia's engagement in, and interaction with, the UN human rights system: an analytical review | [
{
"affiliations": [],
"display_name": "Abdulaziz M. Al-Wasil",
"id": "https://openalex.org/A5031364907"
}
] | [
{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
},
{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
},
{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
},
{
"display_name": "Law",
"id": "https://openalex.org/C199539241"
}
] | [
"Saudi Arabia"
] | [] | https://api.openalex.org/works?filter=cites:W1990206012 | The purpose of this article is to examine the way in which Saudi Arabia has engaged in, and interacted with, the UN human rights system along with its declaratory, promotional, and monitoring mechanisms. This article argues that Saudi Arabia has participated in the creation of the international human rights project and has shown, especially in the last few years, signs of greater adherence to the internationally-recognised human rights standards. An analytical review demonstrates that Saudi Arabia has moved from a limited involvement to a tendency to be part of the international human rights arrangements, as of the mid-1990s. It concludes by making suggestions and posing questions on the influence of the UN human rights system in enhancing progress in human rights in a country like Saudi Arabia. | [
{
"display_name": "The International Journal of Human Rights",
"id": "https://openalex.org/S139935717",
"type": "journal"
}
] |
|
https://openalex.org/W1981241819 | A comparative analysis of the right to a fair trial and due process under international human rights law and Saudi Arabian domestic law | [
{
"affiliations": [
{
"country": "United Kingdom",
"display_name": "Brunel University London",
"id": "https://openalex.org/I59433898",
"lat": 51.53479,
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"type": "education"
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],
"display_name": "Mashood A. Baderin",
"id": "https://openalex.org/A5000002183"
}
] | [
{
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{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
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{
"display_name": "Right to a fair trial",
"id": "https://openalex.org/C2777803007"
},
{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
},
{
"display_name": "Scope (computer science)",
"id": "https://openalex.org/C2778012447"
},
{
"display_name": "Municipal law",
"id": "https://openalex.org/C8705443"
},
{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
},
{
"display_name": "Comparative law",
"id": "https://openalex.org/C149209484"
},
{
"display_name": "Public law",
"id": "https://openalex.org/C177986884"
},
{
"display_name": "International law",
"id": "https://openalex.org/C55447825"
},
{
"display_name": "Computer science",
"id": "https://openalex.org/C41008148"
},
{
"display_name": "Programming language",
"id": "https://openalex.org/C199360897"
}
] | [
"Saudi Arabia"
] | [] | https://api.openalex.org/works?filter=cites:W1981241819 | Abstract This article undertakes a comparative analysis of the right to a fair trial and due process under international human rights law, Islamic law and Saudi Arabian domestic law. It argues that it is important to identify the existence and scope of this right within the domestic law of every state to ensure the protection of other human rights generally. The article examines the scope of this right under Saudi Arabian domestic law in relation to its scope in international human rights law, identifying the possible provisions and means for advocating this right within Saudi Arabian domestic law. | [
{
"display_name": "The International Journal of Human Rights",
"id": "https://openalex.org/S139935717",
"type": "journal"
}
] |
|
https://openalex.org/W2170388200 | The impact of the UN human rights system and human rights INGOs on the Saudi Government with special reference to the spiral model | [
{
"affiliations": [
{
"country": "Australia",
"display_name": "University of New England",
"id": "https://openalex.org/I90745801",
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"type": "education"
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],
"display_name": "Raed Abdulaziz Alhargan",
"id": "https://openalex.org/A5050074523"
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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/C17744445"
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{
"display_name": "Treaty",
"id": "https://openalex.org/C2779010840"
},
{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
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{
"display_name": "Government (linguistics)",
"id": "https://openalex.org/C2778137410"
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{
"display_name": "Order (exchange)",
"id": "https://openalex.org/C182306322"
},
{
"display_name": "Fundamental rights",
"id": "https://openalex.org/C95691615"
},
{
"display_name": "Law",
"id": "https://openalex.org/C199539241"
},
{
"display_name": "Law and economics",
"id": "https://openalex.org/C190253527"
},
{
"display_name": "Right to property",
"id": "https://openalex.org/C22299250"
},
{
"display_name": "Sociology",
"id": "https://openalex.org/C144024400"
},
{
"display_name": "Business",
"id": "https://openalex.org/C144133560"
},
{
"display_name": "Linguistics",
"id": "https://openalex.org/C41895202"
},
{
"display_name": "Philosophy",
"id": "https://openalex.org/C138885662"
},
{
"display_name": "Finance",
"id": "https://openalex.org/C10138342"
}
] | [
"Saudi Arabia"
] | [] | https://api.openalex.org/works?filter=cites:W2170388200 | This article assesses the impact of the UN human rights system and human rights NGOs in Saudi Arabia. In doing so, it applies the spiral model, which seeks to clarify the impacts of transnational human rights networks on states. It assesses the usefulness of the model's five phases as an explanation of the changes in the Saudi government's human rights practices from 1990 to early 2011. In order to assess the impacts of international human rights pressures on Saudi Arabia, the article investigates women's rights. It argues that human rights INGOs, aided with advocacies resulting from the UN human rights system, in particular UN treaty-based bodies, will lead to more concessions and adaptations to new norms. | [
{
"display_name": "The International Journal of Human Rights",
"id": "https://openalex.org/S139935717",
"type": "journal"
}
] |
|
https://openalex.org/W2020296857 | Saudi Arabia and the international covenant on civil and political rights 1966: A stalemate situation | [
{
"affiliations": [
{
"country": "United Kingdom",
"display_name": "University of Kent",
"id": "https://openalex.org/I20581793",
"lat": 51.27904,
"long": 1.07992,
"type": "education"
}
],
"display_name": "Abdulhamid Abdullah Al-Hargan",
"id": "https://openalex.org/A5068025983"
}
] | [
{
"display_name": "International Covenant on Civil and Political Rights",
"id": "https://openalex.org/C2781329779"
},
{
"display_name": "Law",
"id": "https://openalex.org/C199539241"
},
{
"display_name": "Covenant",
"id": "https://openalex.org/C136800757"
},
{
"display_name": "Politics",
"id": "https://openalex.org/C94625758"
},
{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
},
{
"display_name": "Islam",
"id": "https://openalex.org/C4445939"
},
{
"display_name": "Sharia",
"id": "https://openalex.org/C168702047"
},
{
"display_name": "Supreme court",
"id": "https://openalex.org/C2778272461"
},
{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
},
{
"display_name": "Theology",
"id": "https://openalex.org/C27206212"
},
{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
},
{
"display_name": "Philosophy",
"id": "https://openalex.org/C138885662"
},
{
"display_name": "Right to property",
"id": "https://openalex.org/C22299250"
}
] | [
"Saudi Arabia"
] | [
"https://openalex.org/W583838290",
"https://openalex.org/W2046793641",
"https://openalex.org/W2070121069",
"https://openalex.org/W2076180525"
] | https://api.openalex.org/works?filter=cites:W2020296857 | Abstract The article addresses the issue that given that Islamic Shari'ah is the supreme law of Saudi Arabia, whether or not it is attainable for Saudi Arabia to ratify the International Covenant on Civil and Political Rights 1966 (ICCPR) without violating the Shari'ah. If not, is it attainable to reconcile the ICCPR with the Islamic Shari'ah without making reservations incompatible with the object and purpose of the ICCPR? The paper starts by highlighting the status of the Shari'ah within the framework of the Saudi constitution, which states unequivocally that the Islamic Shari'ah is the supreme law of the land. Since the Shari'ah contains rules that are considered to be incompatible with the ICCPR, two approaches are considered in order to resolve the conflict between the two and thereby facilitate the joining of Saudi Arabia to the ICCPR. Firstly, the methods employed by the Muslim modernist movement to ‘adapt’ the Shari'ah to fit modern requirements are examined in terms of their consistency with the Islamic legal theory and their likely effect on eliminating the conflict between the Shari'ah and the ICCPR. Secondly, the permissibility of making reservations on particular Articles of the ICCPR in order to reconcile it with the Shari'ah is also examined. | [
{
"display_name": "The International Journal of Human Rights",
"id": "https://openalex.org/S139935717",
"type": "journal"
}
] |
|
https://openalex.org/W3087108545 | Enforcing women’s rights under the Arab Charter on human rights 2004 | [
{
"affiliations": [
{
"country": "United Kingdom",
"display_name": "University of Leeds",
"id": "https://openalex.org/I130828816",
"lat": 53.79648,
"long": -1.54785,
"type": "education"
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],
"display_name": "Ahmed Almutawa",
"id": "https://openalex.org/A5014829154"
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{
"affiliations": [
{
"country": "Greece",
"display_name": "University of the Aegean",
"id": "https://openalex.org/I98805295",
"lat": 39.1,
"long": 26.55,
"type": "education"
}
],
"display_name": "Konstantinos D. Magliveras",
"id": "https://openalex.org/A5017528160"
}
] | [
{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
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{
"display_name": "Charter",
"id": "https://openalex.org/C2777596936"
},
{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
},
{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
},
{
"display_name": "Law",
"id": "https://openalex.org/C199539241"
},
{
"display_name": "Right to property",
"id": "https://openalex.org/C22299250"
},
{
"display_name": "Linguistic rights",
"id": "https://openalex.org/C543595228"
},
{
"display_name": "Law and economics",
"id": "https://openalex.org/C190253527"
},
{
"display_name": "Sociology",
"id": "https://openalex.org/C144024400"
}
] | [
"Saudi Arabia",
"Syria",
"Libya"
] | [] | https://api.openalex.org/works?filter=cites:W3087108545 | The article begins with the presentation of evidence indicating that a number of member states of the League of the Arab States (LAS), namely, Saudi Arabia, Syria, and Libya, have failed to impleme... | [
{
"display_name": "The International Journal of Human Rights",
"id": "https://openalex.org/S139935717",
"type": "journal"
}
] |
|
https://openalex.org/W4379621520 | Focus: Saudi Arabia | [
{
"affiliations": [],
"display_name": "Daniel Blackburn",
"id": "https://openalex.org/A5082063309"
}
] | [
{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
},
{
"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"
},
{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
},
{
"display_name": "Politics",
"id": "https://openalex.org/C94625758"
},
{
"display_name": "Freedom of association",
"id": "https://openalex.org/C2776301878"
},
{
"display_name": "Linguistic rights",
"id": "https://openalex.org/C543595228"
},
{
"display_name": "Fundamental rights",
"id": "https://openalex.org/C95691615"
},
{
"display_name": "Cultural rights",
"id": "https://openalex.org/C2780339416"
},
{
"display_name": "Law",
"id": "https://openalex.org/C199539241"
},
{
"display_name": "Right to property",
"id": "https://openalex.org/C22299250"
}
] | [
"Saudi Arabia"
] | [] | https://api.openalex.org/works?filter=cites:W4379621520 | 24 | International Union Rights | 25/2 FOCUS | TRADE UNION RIGHTS IN THE MENA COUNTRIES Saudi Arabia has no political parties, no unions, and a vast migrant workforce with limited access to labour rights Saudi Arabia Daniel Blackburn is the Director of the International Centre for Trade Union Rights in London and Editor of International Union Rights journal. He is also the Editor of the reference book Trade Unions of the World (7th edition, 2016) Saudi Arabia has a poor reputation for labour rights, and rightly so. It has no form of open political process, nor political parties. In 2017 a UN Special Rapporteur observed that ‘no NGOs in Saudi Arabia … are allowed to work on human rights’. There are also no trade unions, just a tame system of ‘workers committees’, and few of these seem to exist. Migrant workers, and domestic workers, face serious barriers to the exercise of their rights. Given that migrants constitute the majority of the workforce, the denial of rights to this group is a serious and broad problem. Neither is Saudi Arabia well integrated into the international human rights system. It has not ratified either of the two key UN instruments on human rights, the International Covenant on Economic, Social and Cultural Rights (‘CESCR’) and the International Covenant on Civil and Political Rights (‘CCPR’). Neither has the Kingdom ratified ILO Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948), nor ILO Convention No. 98 on the Right to Organise and Collective Bargaining (1949). However, Saudi Arabia has been a member of the International Labour Organisation (‘ILO’) since 1976 and it has ratified 16 ILO Conventions, including six of the eight core Conventions. Somewhat improbably, Saudi Arabia currently holds the position of deputy member of the ILO Governing Body. Freedom of association The Basic Law contains no explicit recognition or protection for the rights of freedom of association or of assembly. Article 26 emphasises a commitment to the protection of human rights, but it does not specify what these rights are, and adds that rights are protected only so far as they are ‘in accordance with Sharia’. The reality is that without explicit recognition and protection under domestic law anyone exercising these rights is at risk of repression, prosecution, and serious criminal penalties. Amnesty International has said that the ‘Saudi Arabian authorities are consistently abusing the country’s vague laws to deprive human rights defenders and others of their liberty’1. Despite a recent NGO law, the work of most NGOs remains within traditional confines of ‘charity’, and ‘no NGOs in Saudi Arabia … are allowed to work on human rights’2. There are no unions, but law reforms in 2001 created a role for workers’ committees3. ICTUR has been unable to obtain a reliable translation of these regulations (even the ILO only indicates that it has an ‘unofficial French translation’4, and even this is not available online), but a number of secondary sources agree that the regulations establish a right to form these organisations only in large enterprises that employ more than 100 Saudi citizens as workers. Their role is said to be limited to suggesting recommendations on working conditions, health and safety standards, and productivity5. These organisations apparently can represent migrant workers6, but it is unclear whether this happens in practice. Foreign workers are not, according to ITUC, allowed to serve on the executive of the workers’ committees7. The government must approve the statutes and membership of the workers’ committees, and the Minister of Labour and Social Affairs as well as the company management have the right to send a representative to the committee meetings. The minutes of the meetings must also be submitted to management and then passed on to the Minister. Finally, public demonstrations of a political nature are prohibited, and the Ministry can dissolve a workers’ committee if it violates regulations or threatens public security. In practice, very few workers’ committees have been established, and those that do exist play a tame role. There is no legal framework for collective bargaining, and hence no real industrial relations system, other than a rigid conciliation and arbitration system, that brings disputes between workers and employers into its... | [
{
"display_name": "International union rights",
"id": "https://openalex.org/S4210167531",
"type": "journal"
}
] |
|
https://openalex.org/W256097256 | The Charade of US Ratification of International Human Rights Treaties | [
{
"affiliations": [
{
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"display_name": "University of Chicago",
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"display_name": "Kenneth Roth",
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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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"id": "https://openalex.org/C55447825"
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{
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{
"display_name": "Customary international law",
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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/C185436325"
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{
"display_name": "Politics",
"id": "https://openalex.org/C94625758"
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] | [
"Saudi Arabia",
"Yemen",
"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W256097256 | It is sadly academic to ask whether international human rights law should trump US domestic law. That is because, on the few occasions when the US government has ratified a human rights treaty, it has done so in a way designed to preclude the treaty from having any domestic effect. Washington pretends to join the international human rights system, but it refuses to permit this system to improve the rights of US citizens. This approach reflects an attitude toward international human rights law of fear and arrogance-fear that international standards might constrain the unfettered latitude of the global superpower, and arrogance in the conviction that the United States, with its long and proud history of domestic rights protections, has nothing to learn on this subject from the rest of the world. As other governments increasingly see through this short-sighted view of international human rights law, it weakens America's voice as a principled defender of human rights around the world and diminishes America's moral influence and stature. The US government's approach to the ratification of international human rights treaties is unique. Once the government signs a treaty, the pact is sent to Justice Department lawyers who comb through it looking any requirement that in their view might be more protective of US citizens' rights than pre-existing US law. In each case, a reservation, declaration, or understanding is drafted to negate the additional rights protection. These qualifications are then submitted to the Senate as part of the ratification package.1 For example, Article 6(5) of the International Covenant on Civil and Political Rights (ICCPR) prohibits the imposition of the death penalty for crimes committed by persons below eighteen years of age.2 To preserve the power to execute such juvenile offenders, the US government insisted on a reservation effectively negating this provision.3 In taking this extraordinary step, the United States ensured its place with the mere handful of governments worldwide that persist in the barbaric practice of executing offenders who were children when they committed their crimes-such paragons of human rights virtue as Iran, Nigeria, Pakistan, Saudi Arabia and Yemen.4 Indeed, this US reservation was particularly egregious because it concerned a right-the right to life-from which the ICCPR precludes derogation.5 Similarly, the US government entered a reservation limiting the conduct prohibited by the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Torture Convention). The problem, from the government's perspective, was that Article 16 of the convention precludes only cruel and unusual punishments-the prohibition contained in the Eighth Amendment of the US Constitution-but also degrading treatment. To avoid any possibility of this provision being interpreted to impose a higher official standard of conduct, the US government adopted a reservation stating that the Torture Convention prohibits no more than the cruel and unusual punishment provision of the US Constitution.6 After this exercise of stripping human rights treaties of any protections that might add to US law, the government takes out a sort of insurance policy against the possibility that the Justice Department lawyers might have made a mistake. To ensure that some new hidden right is lurking in parts of the treaty which no reservation, declaration or understanding was entered, the US government, first declares that the treaty is not self-executing7 meaning that it has no force of law without so-called implementing legislation. This step is necessarily objectionable in itself, since it ensures that new rights are endorsed by both houses of Congress through the traditional legislative process, rather than through the unicameral ratification process, which requires the consent of only the Senate. But then, the government announces that implementing legislation is unnecessary because, according to the Justice Department lawyers, all the rights which reservations, declarations or understandings were registered are already protected by US law. … | [
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https://openalex.org/W3135977147 | Qualms about the CEDAW by the Muslim States: Analyzing Women Rights in Pakistan, Saudi Arabia and Iran | [
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"Saudi Arabia",
"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W3135977147 | The incompatible reservations have adversely affected the uniform application of the CEDAW Convention. A significant number of incompatible reservations have been formulated by the Muslim states. Such reservations have undermined the CEDAW provisions and conceivably doubt the state's accountability for its obligations under the Convention. The research comprises of two parts; first, it examines the reservations of the Muslim states in the context of their obligations under the Convention. Second, it adopts an analytical approach to analyze women rights in Pakistan, Saudi Arabia and Iran (as a non-state party). Our findings reveal that despite the incompatible reservations, the Muslim states that have ratified the CEDAW Convention have shown significant improvement in women rights as compared to the states that are not members of the Convention. It suggests that Muslim states should revisit the scope of their reservations and adopt a rational approach towards women rights and fulfilling the obligations under the CEDAW Convention. | [
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https://openalex.org/W2340822979 | The clash of sexuality or rhetoric of human rights: Exploring same sex marriage and sustainable human development nexus | [
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"https://openalex.org/W2015032029",
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"https://openalex.org/W4234555075",
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] | https://api.openalex.org/works?filter=cites:W2340822979 | On June 26th 2015, the United States Supreme Court legalized same sex marriage. Similarly, the adoption of the United Nations Human Rights resolution for Lesbian, Gay, Bisexual and Transgender (LGBT) rights during its 27th session in September 2014 by a 25-14 vote margin after more than an hour of debate, condemns violence and discrimination on the basis of sexual orientation or gender identity across the globe. Some countries from the South such as Pakistan’s representative to the U.N. Human Rights Council called it a “divisive and controversial initiative.” While Saudi Arabia’s representative during debate said; “We feel there is an attempt to impose uniculturality that runs counter to religious and cultural practices of some countries; in my opinion, this (resolution) is a human rights violation.” As this resolution was passed, Russia’s Constitutional Court upheld their country’s anti-gay “propaganda” law 1. This paper is a desk review which explores contending theoretical debates on same sex marriage (SSM) discourse and suggests that SSM is not akin to sustainable human development. It advances a novel theoretical argument which classifies SSM as virtual and unsustainable union beyond human rights debate. It recognizes the emotions of LGBTs but argues for an alternative, namely; green sexuality- a union between a man and woman rooted in procreation and conjugal bliss. It demonstrates that SSM falls short of these criteria. The paper suggests that the union of man and man or woman and woman should have a distinct classification other than marriage in the conventional context. This theme is important in contemporary global sexuality debate both as analytical and policy instrument to re-examine Western rights notion and amenable ways to douse violent attacks ,stigmatization and discrimination on LGBTs, in particular, re –examine sexuality beyond Western “human rights” rhetoric or is the world experiencing a clash of sexuality? Key words: Same Sex Marriage, Sexual Rights, Sustainable Human Development, Sexual Identity, Green Sexuality | [
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|
https://openalex.org/W2801886590 | The Saudi Elephant In The Room - The Appointment of Saudi Arabia to the Commission on the Status of Women 2018-2022 | [
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"Saudi Arabia"
] | [] | https://api.openalex.org/works?filter=cites:W2801886590 | Saudi Arabia was among the thirteen states elected to the UN Commission on the Status of Women in April of 2017. The Commission on the Status of Women is the leading women’s rights promoting and protecting body of the world, whereas the state of Saudi Arabia is infamous for conducting systematic discrimination towards women. The conflicting natures of a state were women’s rights are restricted to the extent that they are considered legal minors, and the main women’s rights body of the world, was naturally remarkable. The Commission on the Status of Women works towards improving the lives of women globally, most importantly by creating treaty law and encouraging states to commit to realizing women’s human rights. One significant challenge to the global promotion of women’s rights is the notion of cultural relativism. Rather than striving for universalism, cultural relativists risk excluding certain women from international women’s rights based on their cultural context. The main international legal document concerning women’s rights is the Convention on the Elimination of All forms of Discrimination against Women (CEDAW) from 1979. Saudi Arabia ratified CEDAW in 2000, with the reservation that Shari’ah is to be favoured in the case of conflict between CEDAW and Islamic norms. Saudi Arabia is a wealthy oil country with a fascinating history, where the royal Saud family also practically constitutes the government. Since 2016, and particularly since the appointment in 2017, Saudi Arabia has made remarkable positive changes towards the promotion of women’s rights, e.g. lifting the ban on women driving. Saudi Arabia’s presence on the CSW might have a negative international impact due to the state’s strong economy and political influence. However, Saudi Arabia has a strong focus on boosting the economy for the future, where the dependence on oil will need to decrease. The economic incitements to promote women’s rights within the CSW as well as on the domestic level, e.g. more women working, are significant. Therefore, optimistically, the possible negative impact of the appointment will become outweighed by the possible positive impact. (Less) | [] |
|
https://openalex.org/W3122722658 | The Problem of State Reservations to Human Rights Treaties: Case Study of Saudi Arabia and Convention on the Elimination of Discrimination Against Women (CEDAW) | [
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"Saudi Arabia"
] | [] | https://api.openalex.org/works?filter=cites:W3122722658 | International treaties allow states to attach reservations to them, however, in case of lack of certainty, states might reserve treaties to leave them obsolete. Convention on the Elimination of Discrimination Against Women (CEDAW) is a human rights treaty that is reserved by many states for various reasons. Saudi Arabia is one of those states which filed certain as well as vague reservations to CEDAW. Those reservations led Saudi Arabia not to follow the provisions of the treaty. Not many substantial changes were made upon ratification of the Convention which is the main objective of it in Saudi Arabia. In order to prevent such problems from happening in the future, new methods should be introduced to international human rights treaties such as establishing reservation-compliance bodies, defining certain clauses to show which reservations cannot be allowed in treaties, or allowing no reservations to them. | [
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https://openalex.org/W2853930994 | Focus: Saudi Arabia | [
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"Saudi Arabia"
] | [] | https://api.openalex.org/works?filter=cites:W2853930994 | 24 | International Union Rights | 25/2 FOCUS | TRADE UNION RIGHTS IN THE MENA COUNTRIES Saudi Arabia has no political parties, no unions, and a vast migrant workforce with limited access to labour rights Saudi Arabia Daniel Blackburn is the Director of the International Centre for Trade Union Rights in London and Editor of International Union Rights journal. He is also the Editor of the reference book Trade Unions of the World (7th edition, 2016) Saudi Arabia has a poor reputation for labour rights, and rightly so. It has no form of open political process, nor political parties. In 2017 a UN Special Rapporteur observed that ‘no NGOs in Saudi Arabia … are allowed to work on human rights’. There are also no trade unions, just a tame system of ‘workers committees’, and few of these seem to exist. Migrant workers, and domestic workers, face serious barriers to the exercise of their rights. Given that migrants constitute the majority of the workforce, the denial of rights to this group is a serious and broad problem. Neither is Saudi Arabia well integrated into the international human rights system. It has not ratified either of the two key UN instruments on human rights, the International Covenant on Economic, Social and Cultural Rights (‘CESCR’) and the International Covenant on Civil and Political Rights (‘CCPR’). Neither has the Kingdom ratified ILO Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948), nor ILO Convention No. 98 on the Right to Organise and Collective Bargaining (1949). However, Saudi Arabia has been a member of the International Labour Organisation (‘ILO’) since 1976 and it has ratified 16 ILO Conventions, including six of the eight core Conventions. Somewhat improbably, Saudi Arabia currently holds the position of deputy member of the ILO Governing Body. Freedom of association The Basic Law contains no explicit recognition or protection for the rights of freedom of association or of assembly. Article 26 emphasises a commitment to the protection of human rights, but it does not specify what these rights are, and adds that rights are protected only so far as they are ‘in accordance with Sharia’. The reality is that without explicit recognition and protection under domestic law anyone exercising these rights is at risk of repression, prosecution, and serious criminal penalties. Amnesty International has said that the ‘Saudi Arabian authorities are consistently abusing the country’s vague laws to deprive human rights defenders and others of their liberty’1. Despite a recent NGO law, the work of most NGOs remains within traditional confines of ‘charity’, and ‘no NGOs in Saudi Arabia … are allowed to work on human rights’2. There are no unions, but law reforms in 2001 created a role for workers’ committees3. ICTUR has been unable to obtain a reliable translation of these regulations (even the ILO only indicates that it has an ‘unofficial French translation’4, and even this is not available online), but a number of secondary sources agree that the regulations establish a right to form these organisations only in large enterprises that employ more than 100 Saudi citizens as workers. Their role is said to be limited to suggesting recommendations on working conditions, health and safety standards, and productivity5. These organisations apparently can represent migrant workers6, but it is unclear whether this happens in practice. Foreign workers are not, according to ITUC, allowed to serve on the executive of the workers’ committees7. The government must approve the statutes and membership of the workers’ committees, and the Minister of Labour and Social Affairs as well as the company management have the right to send a representative to the committee meetings. The minutes of the meetings must also be submitted to management and then passed on to the Minister. Finally, public demonstrations of a political nature are prohibited, and the Ministry can dissolve a workers’ committee if it violates regulations or threatens public security. In practice, very few workers’ committees have been established, and those that do exist play a tame role. There is no legal framework for collective bargaining, and hence no real industrial relations system, other than a rigid conciliation and arbitration system, that brings disputes between workers and employers into its... | [
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|
https://openalex.org/W3033359238 | Between Shari'ah and International Standards: Protecting the Rights of the Child under Saudi Arabia's Human Rights Law | [
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"Saudi Arabia"
] | [] | https://api.openalex.org/works?filter=cites:W3033359238 | Between international standards and Islamic law, are children’s rights in Saudi Arabia protected? My research revolves around this question. It looks at the rights and best interests of the child in Saudi Arabia. What rights does international law grant children and similarly, what rights does Islamic law – Shari’ah grant them? Are international child laws currently being implemented as fully as it is possible under Islamic Law - Shari'ah law, as some claim? Or, as others allege, are Islam and Shari'ah law being used as excuses to deprive children of their rights and ‘best interests’ as intended by the United Nations Convention on the Rights of the Child (UNCRC)? Indeed, many practitioners in the region argue that it is not Shari'ah that imposes most of the alleged limitations on the exercise of children’s rights (as conceived in the UNCRC) in Muslim states, but that it is the governments themselves that do so. According to this view, the states are not implementing Islamic law as it should be implemented, but rather are using the notion of Islamic law (or allowing it to be used) as an instrument to deflect criticism from international human rights advocates. So, the question that imposes itself here is; whether convergence between international Children’s Rights and Islamic Children’s Rights can be reached in Saudi Arabia or not. More specifically, are the human rights of children and their best interests in Saudi Arabia, a country governed by Islamic Law, protected? | [
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https://openalex.org/W2578200912 | The Protection of Human Rights in Saudi Counter-terrorism Laws | [
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"display_name": "Right to property",
"id": "https://openalex.org/C22299250"
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"id": "https://openalex.org/C27357055"
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"Saudi Arabia"
] | [] | https://api.openalex.org/works?filter=cites:W2578200912 | Human rights constitute a significant aspect of the law. Human rights are protected by national and international legal and judicial apparatuses. In addition, promoting respect for human rights is a key purpose of the United Nations (UN) and its international bodies, such as the UN Human Rights Council, established in 2006, and the International Criminal Court, created in 1998. The UN has also issued a variety of protocols, declarations and agreements regarding human rights and their protection, specifically the Universal Declaration of Human Rights in 1948 and the International Convention on Civil and Political Rights in 1966. In the Kingdom of Saudi Arabia, Saudi legislation has initiated and allowed various Saudi human rights institutions, namely the Saudi Human Rights Commission and Saudi National Society for Human Rights. In particular, Saudi legislation has focused on Sharia principles when it comes to the interpretation and implementation of secular international human rights laws. Saudi legislation has enacted a variety of contemporary human rights laws, including the Child Protection Law and the Law of Protection from Abuse. The human cost of terrorism has been felt virtually in every part of the globe. Terrorism has disrupted peace, security, liberty and physical integrity of individuals at every level. Protection and security of its individuals is a fundamental obligation of the state. Accordingly, the Kingdom of Saudi Arabia has taken several legal measures, allowed under Islamic Sharia and International laws, to ensure the protection of human rights of its citizens and residents and safeguard the society against possible threats of terrorism and bring the criminals to justice. Saudi legislation has ensured human rights applications in other Saudi criminal laws, such as the Saudi Criminal Procedure Law of 2002, amended in 2014 (hereinafter SCPL), and the Saudi Law of Terrorist Crimes of 2014 (hereinafter SLTC). This short commentary provides a concise summary about the existing Saudi legislation related to terrorist crimes and human rights protection. of what we have created, with [definite] preference” [5]. Moreover, Article 26 of the Saudi Basic Law of Governance states that “The State shall protect human rights in accordance with the Islamic Sharia” [6]. Therefore, it can be seen that the protection of human rights in Saudi Arabia is constitutional since it is encouraged by Islamic principles and Saudi laws. Human rights are usually discussed with specific regard to the implementation of criminal punishment and procedure. Therefore, human rights are the subject matter of lots of international debates and conferences. In recent times, the majority of the countries all over the world, and especially Saudi Arabia, have suffered from terrorism. Saudi Arabia has enacted a variety of criminal laws that look after the benefits of Saudi society, one of which is the Saudi Law of Terrorist Crimes (SLTC). This law examines terrorism incidents and facilitates Saudi authorities to protect the society from terrorism and terrorists. This law contains 41 legal clauses. It explains the criminal procedure for terrorist crimes as well as referring to the superior law, which is Saudi Criminal Procedure Law (SCPL), and addresses any legal clause that is not provided in the SLTC (Article 40 of the SLTC). This commentary briefly looks at human rights protection identified under the SLTC. | [
{
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"id": "https://openalex.org/S4210235917",
"type": "journal"
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] |
|
https://openalex.org/W3207494146 | Analyzing The Effectiveness Of The Concept Of State Responsibility Under The Convention On The Elimination Of All Forms Of Discrimination Against Women (CEDAW) With Respect To Combating Gender Based Violence | [
{
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"display_name": "Sharon L. Adongo",
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"id": "https://openalex.org/C41008148"
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{
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"id": "https://openalex.org/C107993555"
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{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
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{
"display_name": "Algorithm",
"id": "https://openalex.org/C11413529"
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] | [
"Saudi Arabia"
] | [] | https://api.openalex.org/works?filter=cites:W3207494146 | The Committee on CEDAW has made it clear that GBV is a critical obstacle to the achievement of substantive equality between women and men and to the enjoyment by women of their human rights and fundamental freedoms. In a country like Kenya for example gender based violence is rampant and is ranked as among the highest in the world. The Gender Recovery Violence Centre in Kenya reports that between 40-47 percent of Kenyan women experience GBV in their lifetime . This is a high number and one must wonder the role the government plays in ensuring that these high rates of GBV are reduced or brought completely to an end.
This is the basis of this paper for it seeks to analyze the role that States like Kenya play in combating GBV by looking in depth at the concept of state responsibility as envisaged under general comment number 35 of CEDAW. The paper in doing so finds that it is apt that general comment number 35 of CEDAW has put in place measures to ensure that states are held responsible in combating GBV. However there are challenges to fully ensuring that this concept of state responsibility works.
The paper hence finds that patriarchy still is the main factor which acts as a hindrance to completely eradicating GBV as due to the very common patriarchal societies women’s rights including eradicating GBV have been put on the backseat.
The paper gives examples of how women’s rights have been put on the backseat by drawing an interplay between Saudi Arabia’s draconian laws against women and the fact that in spite of the laws Saudi Arabia still gets a nod from 19 powerful countries in the world to host a summit which will have impacts for women worldwide. The paper further elaborates that the mere fact that Saudi Arabia has been given a nod to host a summit as important as the G20 proves that the rule of law worldwide is being blatantly disregarded by world leaders and that this disregard to the rule of law causes a ripple effect worldwide and this ripple effect makes other important rights like women’s rights to be at risk of not being advanced. The paper also makes a point that capitalism is a driving factor to both state and non state actors in disregarding rule of law issues.
The paper also depicts that concepts like state sovereignty and state immunity have made effectuating the state responsibility concept under general comment number 35 a hard task and here the paper uses Saudi Arabia as an example in showing how Saudi Arabia uses the state sovereignty and immunity concepts to disregard the provisions of general comment number 35 of CEDAW.
The paper concludes by giving a strong recommendation that in order to successfully combat GBV and bring into fruitution the provisions of general comment number 35 of CEDAW then patriarchy must be uprooted completely and that rule of law must be obeyed to the maximum. The paper acknowledges the important work that women human rights activists and defenders play every day in ensuring that women rights are not derogated and ends by simply giving them the hope to continue fighting for it is in their daily fight to advance women’s rights and in this case fight to combat GBV that strides however slow are made. | [
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https://openalex.org/W2096749698 | Cultural Relativism and Reservations to Human Rights Treaties:The Legal Effects of the Saudi Reservation to CEDAW | [
{
"affiliations": [],
"display_name": "Sarah Hélaoui",
"id": "https://openalex.org/A5038835372"
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{
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"id": "https://openalex.org/C17744445"
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"display_name": "Cultural relativism",
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{
"display_name": "Politics",
"id": "https://openalex.org/C94625758"
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] | [
"Saudi Arabia"
] | [] | https://api.openalex.org/works?filter=cites:W2096749698 | Saudi Arabia ratified the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) in 2000. The ratification was a step forward for the strict gender segregated country but could not be genuinely hailed due to a general reservation giving prevalence to Islamic Law in case of conflict with the provision of the Convention. Whereas it can be established that a sweeping reservation in those terms is contrary to the object and purpose of the Convention and thus prohibited in accordance with the Vienna Convention on the Law of Treaties and article 28(2) of CEDAW, the legal effects of incompatible reservations remain unclear. What obligations does Saudi Arabia have under CEDAW having in mind the undefined reservation? The question cannot be answered until the legal effects of incompatible reservations are established. Many other States have formulated reservations in contravention to the object and purpose of human rights conventions and in particular CEDAW is plagued with incompatible reservations, a large number of them referring to Islamic or domestic law. Despite the fact that human rights have been declared universal, the many reservations witness about a strong cultural relativism as regards human rights, most notably the human rights of women. Numerous reservations aiming to withhold discrimination against women, and in the worst cases nullify many of CEDAW's provisions, seriously undermine the Convention and the quality of protection provided therein. It is of fundamental importance that the legal effects of those reservations are established in order not to let the reserving States maintain incompatible reservations with assumed legitimacy and thus devaluate the Convention and the human rights of women. The Vienna Convention provides the legal framework for reservations but is ambiguous as regards the legal effects of incompatible reservations. Three divergent consequences for a State who has formulated an incompatible reservation can be distinguished in doctrine and practice: i) the State remains bound by the treaty except for the provision to which the reservation is related (to the extent of the reservation), ii) the reserving State is no longer a party to the treaty, or iii) the incompatible reservation is severed and the reserving State is bound by the treaty as a whole (as if no reservation was made). The focal point of the analysis is on the level of human rights monitoring bodies - how would a human rights court or a UN human rights treaty body, in this case the Committee on the Elimination of Discrimination against Women, determine the legal effects of an incompatible reservation? The first option mentioned above is relevant only in bilateral relations, not where a third body determines an individual human rights complaint, and consequently the thesis centres on the two latter options. The last alternative, the so-called 'severability doctrine', is indeed preferable from a human rights perspective. But can a reservation be severed without the consent of the reserving State? The opponents claim that a State cannot be bound to treaty terms it has explicitly declined to accept, whereas certain jurisprudence and State practice point in favour of severability. The European Court of Human Rights has established a jurisprudence of severability but its applicability in international courts/human rights treaty bodies is much more controversial. The principle of State consent and State sovereignty still prevails over community and human rights interests and therefore it is hard to de lege lata reconcile the severability doctrine with international law. However, severability shall not be an excluded option but rather put in relation to the principle of State consent. Where the reserving State would have ratified a convention even without the reservation, i.e. where the reservation is not a sine qua non for ratification, the reservation can be severed. Having in mind the traditionalist Islamic identity of Saudi Arabia much speaks against a Saudi consent to be bound by CEDAW without the Shari'ah-reservation. The de lege lata effects of the Saudi reservation must therefore be the invalidation of the treaty ratification. Such an outcome is undesirable from a human rights perspective and it is likely that the UN human rights treaty bodies, while e.g. concluding an individual complaint, take on the approach of the European Court of Human Rights and thus contribute to the development of severability as the automatic legal effect for incompatible reservations also on an international level. | [] |
|
https://openalex.org/W2781567900 | Relation between International Human rights and Municipal law | [
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"display_name": "Moosa Akefi Ghaziani",
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{
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{
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{
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{
"display_name": "Archaeology",
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] | [
"Saudi Arabia",
"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W2781567900 | Generally Islamic States are allegedly in more conflict with secular norms of human rights which are introduced by western countries.Two chief Islamic countries (Iran/Saudi)are playing more roles to defense their apparently religious values in challenge with modern human rights norms. By discussing the jurisprudential differences between two countries,their attitudes to new concept of Islamic human rights are presented.They both assert that their legal system is based upon Islamic religion.Nonetheless the resemblance of the two legal frameworks may vary from each other, counted too far apart for putting them in one category.Since Saudi Arabia has not acceded to the Bill of international human rights yet, and on the other side CEDAW and CAT are not ratified by Iranian government. Instead of being members to the universal instruments both have ratified the Cairo Declaration on Human Rights in Islam. It seems that cultural and political interests play major role more than the true religion. The book,has philosophically tried to illustrate the characters of religious sects of these two aimed societies.It will benefit students,teachers of law(in particular comparative law). | [] |
|
https://openalex.org/W3204825767 | RESTRICTION OF THE RIGHT OF FREEDOM OF MOVEMENT IN THE PANDEMIC COVID-19 IN HUMAN RIGHTS PERSPECTIVE | [
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{
"display_name": "Medicine",
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{
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{
"display_name": "Infectious disease (medical specialty)",
"id": "https://openalex.org/C524204448"
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] | [
"Saudi Arabia"
] | [] | https://api.openalex.org/works?filter=cites:W3204825767 | The problem of limiting the right to move during the covid-19 period by Singapore, Saudi Arabia, Japan, Australia and New Zealand, China and Hong Kong, and Taiwan which has isolated their countries absolutely or the large-scale social restrictions imposed in Indonesia need to be studied from a legal and human rights perspective. The method used in this paper is a normative juridical legal research, using an approach to legal principles and statutory regulations. The aim of this research is to create a universal perception that restrictions on the right to move during a pandemic from a human rights perspective. The results of the research show that restrictions on the right to movement, both implemented nationally and internationally (by other countries), contradict human rights and several laws and regulations in Indonesia and also violate international agreements. Keywords: Limitation, Move, Right, Covid-19. | [
{
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"id": "https://openalex.org/S4210176999",
"type": "journal"
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|
https://openalex.org/W1572133959 | Shari'a vs. The West: The Conflict between Shari'a Law and Human Rights Treaties | [
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"display_name": "Orlando Montoya",
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{
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"id": "https://openalex.org/C168702047"
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{
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"id": "https://openalex.org/C4445939"
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{
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"id": "https://openalex.org/C94625758"
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] | [
"Saudi Arabia",
"Jordan",
"Egypt"
] | [] | https://api.openalex.org/works?filter=cites:W1572133959 | Human rights treaties have been studied profusely, with much research studying specifically why some democracies ratify the treaties while others are slow to do so. Previous research has shown reasons why countries have ratified human rights treaties including monetary reasons, which include positioning themselves for aid and loans. Of the states that ratify human rights treaties previous research has shown that most do not readily obey the treaties, and of particular interest, is why these states do not obey the aforementioned treaties. Of specific interest are Islamic majority States since there is potential conflict between Shari’a Law and human rights treaties, especially the women’s rights aspects of these treaties. We examined levels of compliance in countries with high levels of Islamic fundamentalism (Saudi Arabia and Pakistan) and countries with controlled levels of Islamic fundamentalism (Egypt and Jordan). We found that in states with high levels of Islamic fundamentalism there is less compliance with the women’s rights aspects of human rights treaties compared to countries and instead yield to Shari’a law. | [
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|
https://openalex.org/W3030668100 | Canada and the International Human Rights Regime | [
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{
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"display_name": "Avery Pasternak",
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"id": "https://openalex.org/C41008148"
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{
"display_name": "Biology",
"id": "https://openalex.org/C86803240"
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"Saudi Arabia"
] | [
"https://openalex.org/W438877558",
"https://openalex.org/W2016433733",
"https://openalex.org/W2774797971",
"https://openalex.org/W2903760717"
] | https://api.openalex.org/works?filter=cites:W3030668100 | Canada, a country of relative economic and military unimportance, garnered significant soft power and influence from its international reputation as a moral leader and protector of human rights. However, a deeper analysis of Canada’s role in the development and implementation of the international human rights regime reveals a continued emphasis on economic benefits at the expense of human rights. This and other inconsistencies are clear in Canada's dealings with historic and current cases involving indigenous rights and human rights abuses by Saudi Arabia, China, and Myanmar. Realistically, Canada requires capital-intensive resource development and trade deals with major economic and military powers that often lack actionable interest in the advancement of human rights. In the modern age, it can be said that although Canada had a significant role in developing the international human rights regime, with a broad collection of formal treaties, organizations, and processes and many informal norms and values, the country's supposed reputation is subject to influences incongruent with the protection of human rights. | [
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"id": "https://openalex.org/S4210215821",
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|
https://openalex.org/W2727239441 | Human Rights and Private International Law | [
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"display_name": "James J Fawcett",
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{
"affiliations": [],
"display_name": "Máire Ní Shúilleabháin",
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{
"affiliations": [],
"display_name": "Sangeeta Shah",
"id": "https://openalex.org/A5074098495"
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{
"display_name": "Right to property",
"id": "https://openalex.org/C22299250"
},
{
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"id": "https://openalex.org/C17744445"
},
{
"display_name": "Linguistic rights",
"id": "https://openalex.org/C543595228"
},
{
"display_name": "Reservation of rights",
"id": "https://openalex.org/C27357055"
},
{
"display_name": "Torture",
"id": "https://openalex.org/C544040105"
},
{
"display_name": "Private law",
"id": "https://openalex.org/C75011936"
},
{
"display_name": "International law",
"id": "https://openalex.org/C55447825"
},
{
"display_name": "Charter",
"id": "https://openalex.org/C2777596936"
},
{
"display_name": "Municipal law",
"id": "https://openalex.org/C8705443"
},
{
"display_name": "Comparative law",
"id": "https://openalex.org/C149209484"
}
] | [
"Saudi Arabia"
] | [] | https://api.openalex.org/works?filter=cites:W2727239441 | Examining the impact, both actual and potential, of human rights concerns on private international law as well as the oft overlooked topic of the impact of private international law on human rights, this work represents an invaluable resource for all those working or conducting research in these areas.Human Rights and Private International Law is the first title to consider and analyse the numerous English private international law cases discussing human rights concerns arising in the commercial law context, alongside high profile cases dealing with torture (Jones v. Kingdom of Saudi Arabia) and same sex marriage (Wilkinson v Kitzinger).The right to a fair trial is central to the intersection between human rights and private international law, and is considered in depth along with the right to freedom of expression; the right to respect for private and family life; the right to marry; the right to property; and the prohibition of discrimination on the ground of religion, sex, or nationality. Focussing on, though not confined to, the human rights set out in the ECHR, the work also examines the rights laid down under the EU Charter of Fundamental Rights and other international human rights instruments. | [] |
|
https://openalex.org/W3004095496 | Human Rights, National Interest and State Brutality: Lessons from Jamal Khassoggi Saga | [
{
"affiliations": [],
"display_name": "Joshua Igonoh",
"id": "https://openalex.org/A5050622243"
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] | [
{
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{
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{
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{
"display_name": "Computer science",
"id": "https://openalex.org/C41008148"
}
] | [
"Saudi Arabia"
] | [] | https://api.openalex.org/works?filter=cites:W3004095496 | Since the emergence of States on International politics till date, National interest has been the pivot of foreign policy drive of inter-state relations, the world over. Towards this, customs of international law, including Human Rights tenets that demand that states must conform to certain laws and standard within the framework of UDHR. Quite unfortunately however, member states of the United Nations are usually faced with harrowing experience in trying to align their respective national interests with international norms where doing so could put their perceived political mandate in jeopardy. In such situations, States are reported to resort to unorthodox mode of violence and sometimes, resorting to war to protect their national interest. This paper uses the murder of Jamal Khasoggi, a Saudi citizen as case study to answer questions that arise from the fallout of conflict between national interest and human rights with posers such as: where to draw the line between human rights and national interest; who qualifies to champion international outcry against human right abuse and where to draw the line between human rights and national interest? In the end, the paper called for caution in the call for the hangman against Saudi Arabia, a country that is just emerging from the past that was blanketed in secrecy into whatever human right portends in this era. | [
{
"display_name": "International journal of innovative research and development",
"id": "https://openalex.org/S4210197762",
"type": "journal"
}
] |
|
https://openalex.org/W2076986755 | What human rights really mean | [
{
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"display_name": "Ken Coates",
"id": "https://openalex.org/A5039278210"
}
] | [
{
"display_name": "Dignity",
"id": "https://openalex.org/C2778745096"
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"id": "https://openalex.org/C2778607876"
},
{
"display_name": "Preamble",
"id": "https://openalex.org/C2780691134"
},
{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
},
{
"display_name": "Oppression",
"id": "https://openalex.org/C2776526686"
},
{
"display_name": "Bill of rights",
"id": "https://openalex.org/C2780169623"
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"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
},
{
"display_name": "General assembly",
"id": "https://openalex.org/C2778698365"
},
{
"display_name": "Sociology",
"id": "https://openalex.org/C144024400"
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{
"display_name": "Politics",
"id": "https://openalex.org/C94625758"
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{
"display_name": "Channel (broadcasting)",
"id": "https://openalex.org/C127162648"
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"display_name": "Electrical engineering",
"id": "https://openalex.org/C119599485"
},
{
"display_name": "Engineering",
"id": "https://openalex.org/C127413603"
}
] | [
"Saudi Arabia"
] | [] | https://api.openalex.org/works?filter=cites:W2076986755 | Fifty years ago, on December 10, 1948, the United Nations General Assembly ratified the Universal Declaration of Human Rights. Forty‐eight member states voted for the Declaration; eight abstained, including the USSR and five of its allies, as well as South Africa and Saudi Arabia. The Declaration's preamble states that the recognition “of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice, and peace in the world.” It further indicates, “If man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, then human rights should be protected by the rule of law.” The thirty Articles that follow evoke other classic statements, going back to the original U.S. Declaration of Independence of 1776, and the French Revolutionary Declaration of the Rights of Man and Citizen of 1789: Article One says that “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.” Article Three indicates that “Everyone has the right to life, liberty and security of person.” Article Seven states that “All are equal before the law.” A string of personal rights are thereafter specified by the Declaration, although some of them were not to be implemented for almost half a century by some of the signatories. | [
{
"display_name": "Peace Review",
"id": "https://openalex.org/S32869912",
"type": "journal"
}
] |
|
https://openalex.org/W3185057214 | The International Covenant on Economic, Social and Cultural Rights | [
{
"affiliations": [],
"display_name": "Markus Vordermayer-Riemer",
"id": "https://openalex.org/A5076014363"
}
] | [
{
"display_name": "Covenant",
"id": "https://openalex.org/C136800757"
},
{
"display_name": "Cultural rights",
"id": "https://openalex.org/C2780339416"
},
{
"display_name": "International Covenant on Civil and Political Rights",
"id": "https://openalex.org/C2781329779"
},
{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
},
{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
},
{
"display_name": "Right to property",
"id": "https://openalex.org/C22299250"
},
{
"display_name": "Law",
"id": "https://openalex.org/C199539241"
},
{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
},
{
"display_name": "Treaty",
"id": "https://openalex.org/C2779010840"
},
{
"display_name": "Linguistic rights",
"id": "https://openalex.org/C543595228"
}
] | [
"Saudi Arabia"
] | [] | https://api.openalex.org/works?filter=cites:W3185057214 | While the emergence of internationally guaranteed economic, social and cultural rights did not start with the adoption and entry into force of the 1966 International Covenant on Economic, Social and Cultural Rights (‘ICESCR’ or ‘Covenant’), the Covenant was the first global treaty to address the issue in a comprehensive fashion. Just like its ‘sister treaty’, the International Covenant on Civil and Political Rights, the Covenant drew on preceding examples of ESC rights, most notably Articles 21–29 of the 1948 Universal Declaration of Human Rights (‘UDHR’). As of March 2020, the Covenant was ratified by 170 states. Notable absences from the rank of parties include Botswana, Malaysia, Mozambique, Saudi Arabia, Singapore and the United States of America. The discussion in this chapter follows the basic structure that has been laid out in the Introduction: It will first turn to the institutional setting of the Covenant (Section I.), before addressing the substantive obligations arising from the ICESCR and the development of the Covenant's non-regression concept in particular (Sections II. and III.). Finally, this chapter will discuss the supervisory mechanisms of the Covenant, which are not least noteworthy for the development of several innovative (and mostly quantitative) techniques that are meant to facilitate the implementation and supervision of the Covenant obligations (Sections IV. and V.). While this chapter focuses primarily on the ICESCR, references may also be made to other human rights treaties on the universal level with an ESC rights component, notably the Convention on the Rights of the Child (‘CRC’) and the Convention on the Rights of Persons with Disabilities (‘CRPD’), where useful. | [] |
|
https://openalex.org/W2791366696 | Book Review: Islam and Human Rights | [
{
"affiliations": [
{
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],
"display_name": "Chloryne Trie Isana Dewi",
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{
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{
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] | [
"Saudi Arabia",
"Sudan",
"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W2791366696 | Human rights and Islam are two very interesting issues to be discussed since there has been tension for decades. One agrees that Islamic law violates many aspects of human rights, yet other argues that human rights are against Islamic law. Nonetheless, there are also groups who accept that human rights and Islam are not contrary. This book written by Ann Elizabeth Mayer tries to give such objective perspective on the relation between human rights and Islam. With conspicuous title “Human Rights and Islam”, potential readers can assume that this book will discuss all matters in regards to the problematic of Islam and human rights in a whole. Beyond the expectation, this book focuses on the politics and tradition of Islamic countries in several ’attractive‘ areas such as Iran, Saudi Arabia, Afghanistan, Pakistan, and Sudan in interacting with human rights. However, Mayer declares from the very first sentence of the preface that this title is purposed for practical function for those who search for references on Islam and Human Rights and emphasizes that this book is written based on her research in the area of Middle East as her area of interest. Mayer argues that there is no Islamic consensus on a single Islamic human rights philosophy as her main thesis in this book. This claim is based on her research, that even other religions with long and complex traditions, they prone to create conflict in the interpretation between religious doctrine and human rights. Furthermore, she elaborates her research in 10 chapters of the book particularly on how Muslims from North Africa to Pakistan are responding human rights, from total rejection to wholehearted embrace. https://doi.org/10.22304/pjih.v4n3.a11 | [
{
"display_name": "Padjadjaran: jurnal ilmu hukum (Journal of law)",
"id": "https://openalex.org/S4210198817",
"type": "journal"
}
] |
|
https://openalex.org/W2787383885 | حقوق اسلامی یا حقوق بشر: معضل ایران | [
{
"affiliations": [],
"display_name": "آن الیزابت مایر",
"id": "https://openalex.org/A5077183896"
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] | [
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{
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{
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{
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{
"display_name": "Constitution",
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},
{
"display_name": "Right to property",
"id": "https://openalex.org/C22299250"
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{
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},
{
"display_name": "Sociology",
"id": "https://openalex.org/C144024400"
},
{
"display_name": "Politics",
"id": "https://openalex.org/C94625758"
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{
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"id": "https://openalex.org/C27206212"
},
{
"display_name": "Philosophy",
"id": "https://openalex.org/C138885662"
}
] | [
"Saudi Arabia",
"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W2787383885 | Iran has manifested ambivalence about how its Islamic ideology affects its adherence to international human rights law. Iran's 1979 constitution acknowledges human rights but imposes Islamic qualifications on these, setting the stage for collisions between two competing and incompatible systems of legitimacy: international law and Islamic law. Because the permissible scope of the Islamic qualifications on rights is left undefined, the qualifications leave the state free in practice to determine the scope of human rights. Iran has also joined Saudi Arabia in promoting the Cairo Declaration on Human Rights, which allows to override rights in similar fashion. Iran's appeals to Islam to justify its rights violations are problematic, because the association of rights violations with its official undermines the regime's sole basis of legitimacy.
Despite supporting distinctive Islamic approaches to human rights, Iran continues to pay tribute to the authority of international human rights in various ways, including trying to deny how Iranian policies and practices actually deviate from international norms. Iran has sought to disguise its persecutions of religious minorities and has also attempted to justify its treatment of women by arguing that Iranian laws enforce indigenous cultural norms. At the 1993 Human Rights Conference in Vienna, Iran adopted a nuanced position, officially accepting the universality of human rights while asserting that human rights concepts could be enriched by drawing from the experience of all cultures and the teachings of religion.
Iran remains torn between the conflicting demands of its Islamic ideology and its consciousness of the prestige of international human rights, and the dilemmas of its human rights policies seem a long way from being resolved. | [
{
"display_name": "ایران نامه",
"id": "https://openalex.org/S4306536334",
"type": "journal"
}
] |
|
https://openalex.org/W1859227731 | Islamic Rights or Human Rights: An Iranian Dilemma | [
{
"affiliations": [],
"display_name": "Array",
"id": "https://openalex.org/A5081503614"
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] | [
{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
},
{
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"id": "https://openalex.org/C86615163"
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},
{
"display_name": "Islam",
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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/C17744445"
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{
"display_name": "Right to property",
"id": "https://openalex.org/C22299250"
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{
"display_name": "Legitimacy",
"id": "https://openalex.org/C46295352"
},
{
"display_name": "Reservation of rights",
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{
"display_name": "Sharia",
"id": "https://openalex.org/C168702047"
},
{
"display_name": "Linguistic rights",
"id": "https://openalex.org/C543595228"
},
{
"display_name": "Sociology",
"id": "https://openalex.org/C144024400"
},
{
"display_name": "Politics",
"id": "https://openalex.org/C94625758"
},
{
"display_name": "Philosophy",
"id": "https://openalex.org/C138885662"
},
{
"display_name": "Theology",
"id": "https://openalex.org/C27206212"
}
] | [
"Saudi Arabia",
"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W1859227731 | Iran has manifested ambivalence about how its Islamic ideology affects its adherence to international human rights law. Iran's 1979 constitution acknowledges human rights but imposes Islamic qualifications on these, setting the stage for collisions between two competing and incompatible systems of legitimacy: international law and Islamic law. Because the permissible scope of the Islamic qualifications on rights is left undefined, the qualifications leave the state free in practice to determine the scope of human rights. Iran has also joined Saudi Arabia in promoting the Cairo Declaration on Human Rights, which allows to override rights in similar fashion. Iran's appeals to Islam to justify its rights violations are problematic, because the association of rights violations with its official undermines the regime's sole basis of legitimacy.
Despite supporting distinctive Islamic approaches to human rights, Iran continues to pay tribute to the authority of international human rights in various ways, including trying to deny how Iranian policies and practices actually deviate from international norms. Iran has sought to disguise its persecutions of religious minorities and has also attempted to justify its treatment of women by arguing that Iranian laws enforce indigenous cultural norms. At the 1993 Human Rights Conference in Vienna, Iran adopted a nuanced position, officially accepting the universality of human rights while asserting that human rights concepts could be enriched by drawing from the experience of all cultures and the teachings of religion.
Iran remains torn between the conflicting demands of its Islamic ideology and its consciousness of the prestige of international human rights, and the dilemmas of its human rights policies seem a long way from being resolved. | [
{
"display_name": "Iran Nameh",
"id": "https://openalex.org/S4306514410",
"type": "journal"
}
] |
|
https://openalex.org/W1596234788 | 최빈국ㆍ개도국으로부터 선진국으로의 의료인력 이동에 대한 국제법적 조명 | [
{
"affiliations": [],
"display_name": "박지현",
"id": "https://openalex.org/A5018892903"
}
] | [
{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
},
{
"display_name": "Right to health",
"id": "https://openalex.org/C2780893092"
},
{
"display_name": "Declaration",
"id": "https://openalex.org/C138147947"
},
{
"display_name": "Convention",
"id": "https://openalex.org/C2780608745"
},
{
"display_name": "Population",
"id": "https://openalex.org/C2908647359"
},
{
"display_name": "Cultural rights",
"id": "https://openalex.org/C2780339416"
},
{
"display_name": "Political science",
"id": "https://openalex.org/C17744445"
},
{
"display_name": "Health care",
"id": "https://openalex.org/C160735492"
},
{
"display_name": "Right to property",
"id": "https://openalex.org/C22299250"
},
{
"display_name": "Convention on the Elimination of All Forms of Discrimination Against Women",
"id": "https://openalex.org/C2779080126"
},
{
"display_name": "Constitution",
"id": "https://openalex.org/C2776154427"
},
{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
},
{
"display_name": "Law",
"id": "https://openalex.org/C199539241"
},
{
"display_name": "Economic growth",
"id": "https://openalex.org/C50522688"
},
{
"display_name": "Medicine",
"id": "https://openalex.org/C71924100"
},
{
"display_name": "Economics",
"id": "https://openalex.org/C162324750"
},
{
"display_name": "Environmental health",
"id": "https://openalex.org/C99454951"
}
] | [
"Saudi Arabia"
] | [] | https://api.openalex.org/works?filter=cites:W1596234788 | England, Canada, US, Netherlands, Saudi Arabia, the United Arab State those with excellence in medical service, having 10 doctors and nurses per 1000 population, have something in common. Although these countries provide different styles of medical services, they all have high rate of foreign workers. In opposite, the least-developed countries have an average of 1 doctor or nurse per 8000 citizen and Malawi has worst medical service condition with 1 doctor or nurse per 50,000 citizen. The consequences of having weak infrastructure are clearly shown by the inverse relation between health-care worker density and mortality rate. Those 57 countries that have plagued with critical shortages of workers are located mostly in Africa and one of the reason for critical shortage comes from outside of country. An active recruitment of workers by wealthy countries. The right to freedom of movement, right to pursuit of happiness of workers were guaranteed as human right. However, the right to the highest attainable standard of health is also guaranteed in Universal Declaration of Human Rights, International Convention on Economic, Social and Cultural rights, International Convention on the Elimination of All Forms of Racial Discrimination, International Convention on the Rights of the Child, Convention on the Elimination of All Forms of Discrimination against Women, African Character of Human and People's Rights as well as constitution of civilized countries. There are many statements and declarations of associations indicating an international consensus that active and permanent health-worker recruitment is wrong and should not be propagated. WHO's Global Code of Practice on the International Recruitment of Health Personnel in 2010 is the outcome of global concern of the shortcoming in active recruitment from developing countries facing critical shortages of workers. Although this code is voluntary, it is noticeable that this code is a sign of agreement among international community. It set out principles and encourages the setting of voluntary standards. The best solution to the health-worker shortage is having a proper policy in domestic level. In any event, each country should ensure to have a domestic regulation on the prohibition of active recruitment. | [
{
"display_name": "법학연구",
"id": "https://openalex.org/S4306494073",
"type": "journal"
}
] |
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