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https://openalex.org/W1918048763 | Why Hasn't the US Ratified the UN Women's Rights Convention? | [
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"Sudan",
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] | [] | https://api.openalex.org/works?filter=cites:W1918048763 | The Convention to End All Forms of Discrimination Against Women (CEDAW) is an international bill of rights for women that has set the standard achieving equality between men and women around the world. One hundred eighty six countries have ratified CEDAW since the United Nations' General Assembly approved it on December 18, 1979. Of all the UN treaties, only the Convention on the Rights of the Child boasts more signatories. Seven member-states of the United Nations have yet to ratify it: Iran, Nauru, Palau, Somalia, Sudan, Tonga - and the United States. This makes the US the only industrialized democracy in the world that has not ratified CEDAW. Why? Why hasn’t the US ratified CEDAW? What impact would CEDAW has in the US? While few Americans have even heard of this treaty, CEDAW has been on the American political agenda for the past thirty years. President Carter signed it in 1980 and since then Senate has held hearings on CEDAW ratification five times - in 1988, 1990, 1994, 2000 and 2010. Each time senators have failed to bring the ratification question to a vote on the Senate floor. The failure to ratify CEDAW surprises those who assume that the United States is a world leader when it comes to women’s rights. Three factors explain why the US has not ratified CEDAW: the institutional rules governing treaties in the US; partisan conflict over the United Nations and women’s rights between the Democratic and Republican parties; and changes in the geopolitical climate that have reshaped the standing of the US with regard to global leadership on women’s rights. | [
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https://openalex.org/W174314594 | Freeing All God's Children | [
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] | [
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] | https://api.openalex.org/works?filter=cites:W174314594 | [ILLUSTRATION OMITTED] Freeing God's Children: The Unlikely Alliance for Global Human Rights by Allen D. Hertzke. Lanham, MD: Rowman & Littlefield, 2004. 419pp. Each year since 1999 the U.S. State Department has issued a lengthy report on violations of religious freedoms around the world. In recent years, Human Rights Watch and other major rights organizations have made religious persecution one of their major foci. And the world media now pays significant attention to violations of worship rights. As a result, countries such as Sudan, China, North Korea, Uzbekistan, and others have faced international pressure for their repression of various faiths, especially Christianity. Ten years ago, however, religious rights received little of the resources or attention which they now attract. Violations of religious freedom were not ignored, but neither were they singled out for recognition, campaigns, and monitoring. Instead, those imprisonment, torture, or killing due to religious beliefs or practices were not treated particularly differently from other victims; human rights NGOs and government rights bureaucracies documented their plight and campaigned for them but only to the extent that limited budgets, pre-existing missions, and competing concerns permitted. In this sense, victims of religious persecution were only modestly different from countless other groups that endure a variety of abuses but have not become priorities of the rights movement. While the movement has done much to reduce certain abuses, it does not value all abuses equally and does not always devote its power and resources to those who are most in need. Religious Rights on the Rise What has changed for those facing persecution based on religion? Why have abuses of religious freedom become a major new focus of human rights NGOs, especially those based in the United States? Allen D. Hertzke sees the rise of religious rights as the triumph of an ecumenical social movement. The movement gained most of its grassroots support from America's highly organized, if sometimes fractious conservative evangelicals. The religious right, which is primarily but not exclusively Christian, had in the past focused its energies at home. But in the mid-1990s, it mobilized in support of Congressional action to monitor religious rights abuses and punish offenders, eventually rallying around the International Religious Freedom Act of 1998 (IRFA). (1) Powerful Christian ministers pushed for this, mobilizing their parishioners with graphic accounts of the suffering church overseas (22). In Hertzke's account, other key actors included Freedom House's Nina Shea and Michael Horowitz, a politically connected Jew who Hertzke paints as the catalyst of the movement (146). Galvanizing support among religious conservatives in Congress and, electrifying sympathetic audiences, Horowitz convinced the evangelical foot soldiers of the movement that legislative change was not only necessary but also possible. In addition, he helped activate small but influential numbers from other religions, forming a movement that, at least on its surface, appeared ecumenical (169). According to Hertzke, the movement faced opposition most strongly from corporations anxious to invest in countries with questionable rights records (210-03). More surprisingly, mainstream human rights organizations such as Human Rights Watch and the World Council of Churches expressed deep reluctance to single out religious persecution as a discrete form of human rights violation, initially rejecting it as special pleading (177). But with rising attention to religious rights in Congress and the media, even traditional human rights organizations came to accept and in some cases embrace the cause of religious rights. The first beneficiaries of this movement were the people of southern Sudan. While precise demographic figures are uncertain, much of this population is Christian. … | [] |
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https://openalex.org/W1608363912 | Introduction to 'Torture as Tort: From Sudan to Canada to Somalia' | [
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] | [] | https://api.openalex.org/works?filter=cites:W1608363912 | The present work is chapter 1 of the edited volume, Torture as Tort: Comparative Perspectives on the Development of Transnational Human Rights Litigation (Hart Publishing, Oxford, 2001). At the time the book was generated, the controversial nature of seeking globalised justice through national courts had become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought extradition of the former President of Chile from the United Kingdom in order to bring him to account under Spanish criminal law for a variety of alleged violations in Chile of human rights, most notably involving torture. Yet, the international legal and associated statutory bases for such criminal prosecutions were both well understood in legal doctrine and well entrenched in many states’ legal systems, in comparison to transnational civil liability for human rights violations. This book set out to address the civil liability side of accountability for human rights violations. When Torture as Tort was published, there had been very little treatment, let alone a comprehensive assessment, of the merits and demerits of US-style transnational human rights litigation by non-American legal scholars and practitioners. The book seeks not so much to fill this gap as to start the process of doing so, with a view to stimulating debate amongst scholars and policy-makers. The volume consisted of 26 chapters divided into six thematic parts, written by 30 scholars (all non-American); the table of contents is reproduced at the end of this abstract. The objective of the book was, and remains, to generate doctrinal, theoretical, and policy-relevant inquiry over the question of the feasibility and legitimacy of transnational human rights litigation. The present “Introduction to Torture as Tort: From Sudan to Canada to Somalia” consists of a narrative and analytical roadmap of the topics covered and arguments developed in the 25 chapters that follow the present one. It is organized into sub-sections that correspond to each thematic Part in the book (again, see the table of contents reproduced below). After this roadmap, an additional subsection places the overall book project into the concrete context of the first tort case to come before a Canadian court that involves allegations of torture in another country, Arone v. Canada. | [
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https://openalex.org/W1583272684 | International Human Rights | [
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"Sudan"
] | [] | https://api.openalex.org/works?filter=cites:W1583272684 | *Lawrence G. Albrecht is President of First, Albrecht & Blondis, S.C. and practices, lectures, and writes regarding human/civil rights matters; Benjamin L. Apt is the Co-Chair of the ABA SILP Human Rights Committee and head of the European Human Rights Subcommittee, and works on ERISA enforcement at the U.S. Department of Labor; Myra Frazier is with the U.S. Environmental Protection Agency, Office of Atmospheric Programs, and also serves as the Vice-Chair of the Human Rights Law Committee; Gloria Jean Garland is currently a consultant for the Council of Europe and the OSCE and conducts training workshops on international human rights issues; Sara Ibrahim is a third-year law student at American University Washington College of Law; Crispian Kirk serves as Bureau Counsel to the Washington Bureau of the NAACP; Anne Massagee is a legal researcher with the Palestinian Human Rights Organisation Al-Haq; Cheryl McLandrich is a Deputy Public Defender with the Solano County Public Defender's office in Northern California and has worked as a law clerk for the United Nations International Criminal Tribunal for the Former Yugoslavia's Office of the Prosecutor; Mary Milano is Associate Director and Chief of Staff of the Illinois Criminal Justice Information Authority, as well as Professor of Christian Social Ethics in the Graduate Program in Pastoral Theology at Saint Mary of the Woods College; Kaoru Okuizumi is the Legal Advisor to the Registrar, Special Court for Sierra Leone, October 2003 to May 2005; Anita Raman is an Economic Development Advisor with LifeSystems LLC; Meredith Rathbone is an attorney at the law firm of Steptoe & Johnson LLP in Washington, D.C. practicing in the areas of international trade and international regulatory compliance; Anamika Samanta is a litigation associate at Willkie Farr & Gallagher LLP; and Nancy Stafford is currently the Grants Administrator/Senior Legal Research Analyst for the International Women's Human Rights Clinic at Georgetown University. 1. See Report on the Int'l Comm'n of Inquiry on Darfur, para. 59 at 22 (Jan 25, 2005), available at http:// www.un.org/News/dh/sudan/com-ing-darfur.pdf (describing the coalescing of the Arab Gathering and African Belt during 1980s clashes) [hereinafter UN Comm'n Report]. | [
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https://openalex.org/W4241104486 | Sociological Approach to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) (Critical – Comparative ? Study) | [
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] | [] | https://api.openalex.org/works?filter=cites:W4241104486 | Sociological Approach to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) (Critical – Comparative ? Study) Dr. Makia. G. A. Himat Abstract Objectives:-This article aims to examine the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW”) in the context of gender and the Islamic culture theology and social legislation that regulates the status and vital roles of women. Methods: The article uses the analytical descriptive approach and two types of dater will be utilize secondary &primary sources generated from the documents of the original agreement and their interpretations. Furthermore the article uses Comparative & historical approaches utilized to review critically women status & roles. The article comperes CEDAW Convention with Islamic social legislation and highlights basic similarities & differences ,the article document how Islam adopts holistic approach to gender issues emphasizing complementary between men and women in all aspect of life, to the extent that neither of them exist without the other. The findings of the article: CEDAW emphasizes individualism and addresses women’s issues from a reductive point of view that isolates them and tried to deal with women issues as separate issues from their family and community context. Reading and analysis of the general framework and philosophy adopted by CEDAW proves that it is part of the cultural variables imposed by the dominance of the materialistic liberal culture. The most important legal terms of CEDAW contradict the requirements of the Islamic legislation regarding the situation of women in terms of justice, equality of human origin and dignity, and responsibility without discrimination between men and women. Regarding status of women in Sudan as an example ruled by Islamic legislation , findings show that according to the national legislation and evaluation by judges and legal experts, the national legislation ensures more women’s rights and situations than those included in CEDAW. So, if CEDAW is imposed, Sudanese women will lose privileges granted to them under the Constitution and the current national legislation. Conclusion: the study recommends the importance of raising awareness about the philosophical dimensions of CEDAW and the underlying risks that contradict the values and wisdom of the Islamic social legislation which regulates and controls the status of women and the family. Full Text: PDF DOI: 10.15640/ijgws.v3n2a11 | [
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https://openalex.org/W2261781256 | 'The New Internationals': Human Rights and American Evangelicalism | [
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"Sudan"
] | [] | https://api.openalex.org/works?filter=cites:W2261781256 | The birth of the human rights movement was one of the great twentieth century revolutions, but the significant contribution of religious communities and ideas to this movement has been significantly underappreciated and poorly understood. This is especially the case with respect to evangelicals. American evangelicals were slow, particularly in comparison to Roman Catholics, mainline Protestants, and Jews, to become vigorously engaged in international human rights issues. Yet as the New York Times recently noted (“Evangelicals Sway White House on Human Rights Issues Abroad,” 10/26/2003), the evangelical community has emerged as one of the most powerful voices within the human rights movement. This shift occurred rapidly over the past two decades. The first part of this chapter traces the emergence of an evangelical human rights movement, focusing on the issues (e.g. Sudan, religious freedom, sex trafficking, right to proselytize) and institutions (e.g. National Association of Evangelicals, Institute for Global Engagement, International Justice Mission) that have spurred this development. This section considers the causes behind this transformation in evangelical thinking about human rights and assesses the relationship between evangelicals and the broader human rights movement. The second part of this chapter considers the evangelical human rights movement from a theological perspective. In particular, it examines the manner in which the resources of evangelical theology have been marshaled to defend the concept of human rights. It considers both the strengths evangelical theology possesses for this task, as well as its limitations. Comparative reference to the Catholic tradition of thinking about human rights illumines this discussion, as these two traditions have engaged the liberal language of rights in distinctive ways. While Catholics possess the natural law tradition and the capacity to discourse with modern politics without excessive recourse to theological presuppositions, evangelicals have found it more difficult (or unacceptable) to circumscribe the biblical basis for their support of human rights. Finally, this discussion concludes with an examination of how the human rights revolution in evangelical thought might be situated within the broader tradition of evangelical political theology, including evangelical understandings of political authority, theological anthropology, and the relationship between the church and the secular state. | [
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] | [] | https://api.openalex.org/works?filter=cites:W634409751 | Aus dem Inhalt/Contents: Hatem Elliesie: Vorwort des Herausgebers - Hatem Elliesie: Editor's Foreword - Mathias Rohe: Die Gesellschaft fur Arabisches und Islamisches Recht: 10 Jahre in der Retrospektive - Mathias Rohe: The Gesellschaft fur Arabisches und Islamisches Recht: 10 Years in the Retrospective - Abdullahi Ahmed An-Na'im: Islam and Human Rights: Introductory Remarks and Reflections - Muhammad Kalisch: Islam und Menschenrechte: Betrachtungen zum Verhaltnis von Religion und Recht - Assem Hefny: Hermeneutik, Koraninterpretation und Menschenrechte - Heiner Bielefeldt: Westliche versus islamische Menschenrechtskonzeptionen? - Mashood Baderin: Islam and Human Rights in the Constitutions of African States: Agenda for Good Governance - Isa Hayatu Chiroma/Hatem Elliesie: Islam, Islamic Law and Human Rights in the Nigerian Context - Chris Maina Peter: Mufti Act of Zanzibar and the Fundamental Rights and Freedoms of Moslems on the Isles - Hatem Elliesie: Sudan under the Constraints of (International) Human Rights Law and Humanitarian Law: The Case of Darfur - Ann Elizabeth Mayer: Remarks on Human Rights and Islam in the Middle East - Anna Wurth/Claudia Engelmann: Governmental Human Rights Structures and National Human Rights Institutions in the Middle East - Naseef Naeem: Zwischen Einschrankung und neuen Entwicklungen: Das Grundrecht auf heterosexuelle Selbstbestimmung in den Verfassungssystemen arabischer Staaten - Bahey eldin Hassan: The Human Rights Dilemma in Egypt: Political Will or Islam? - Tim Lindsey: Human Rights and Islam in South East Asia: The Case of Indonesia - Tilmann Roder: Human Rights Standards in Afghan Courtrooms: The Theory and Reality of the Right to a Fair Trial - Ayesha Shahid/Javaid Rehman: Sharia and Implementation of Human Rights Norms of Equality and Non Discrimination in the Family: A Case Study of Family Law in Pakistan - Irene Schneider: Civil Society and Legislation: Developments of the Human Rights Situation in Iran in 2008 - Hanna Beate Schopp-Schilling: Der Frauenrechtsausschuss der Vereinten Nationen in der Interaktion mit islamisch gepragten Staaten - Theodor Rathgeber: Die Organisation Islamischer Konferenz im UN-Menschenrechtsrat: Menschenrechte als Instrument staatlicher Politik - Peter Scholz: Ordre Public, Menschenrechte und Scharia - Imen Gallala: Religionsfreiheit und islamisch gepragtes Erbrecht: gesetzliche Regelungen und Rechtsprechungsauslegung im heutigen Agypten und Tunesien. | [] |
|
https://openalex.org/W3123508333 | Chinese Practice in Public International Law: 2008 | [
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"Sudan",
"Somalia"
] | [] | https://api.openalex.org/works?filter=cites:W3123508333 | This Survey covers materials reflecting Chinese practice in 2008 relating to: I. Fundamental Principles of International Law (Five Principles of Peaceful Coexistence; Respect of State Sovereignty and Territorial Integrity; Non-Intervention of Internal Affairs; Peaceful Settlement of International Disputes); II. International Peace and Security (Fight against Terrorism; Women, Peace and Security; The Zimbabwe Situation; The Darfur Situation in Sudan; The Kosovo Issue); III. International Law on Disarmament and Arms Control (Nuclear Disarmament and Non-Proliferation; Chemical Weapons; Biological Weapons); IV. International Law on Recognition (Kosovo; South Ossetia and Abkhazia); V. China's Territorial Integrity and Boundaries (Taiwan; Tibet; Xisha Islands and Nansha Islands; Diaoyu Islands; China-Russia Boundary; China-India Boundary); VI. International Law of the Sea (Delimitation of the East China Sea; Delimitation of the Outer Limits of Continental Shelf Beyond 200 NMs; Straits Use for International Navigation; Conservation and Sustainable Use of Marine Biological Diversity beyond Areas of National Jurisdiction; International Seabed Authority; International Tribunal of the Law of the Sea (ITLOS); China's Convoy Fleet in Somalia Coast); VII. International Law on Outer Space (Peaceful Use of Outer Space; Anti-Satellite Weapons); VIII. International Law on the Treatment of Aliens (Frontier Health and Quarantine; North Korean Asylum-seekers in China); IX. International Law on Human Rights (Rule of Law; Death Penalty; Rights of the Child; Women's Rights; Torture; Rights of the Persons with Disabilities; Dialogue on Human Rights; Human Rights Council; Implementation of Human Rights Instruments); X. International Humanitarian Law (Children in Armed Conflict; Landmines; Explosive Remnants of War; Cluster Munitions; Tear Gas; Right of Individual Claims for Violations of International Humanitarian Law; Search of US soldiers remains in China and North Korea); XI. International Law on Treaties (Reservations to Treaties; Effects of Armed Conflicts on Treaties); XII. International Law on Environment (Principle of “Common but Differentiated Responsibilities”; Shared Natural Resources; Climate Change); XIII. International Law on Diplomatic Relations and Consular Relations (Effective Measures to Enhance the Protection, Security and Safety of Diplomatic and Consular Missions and Representatives; Diplomatic Privileges); XIV. International Criminal Law (International Criminal Court (ICC); Immunity of State Officials from Foreign Criminal Jurisdiction; Criminal Accountability of United Nations Officials and Experts on Mission; Repatriation of Some Chinese in Guantanamo; International Suppression of Drug Crimes; Conclusion of Treaties on Extradition and Criminal Mutual Assistance); XV. Charter of the United Nations (Importance of the United Nations and the Role of China; Sanctions by the United Nations; Amendment of the UN Charter; Reform of the Security Council); XVI. International Law on International Organizations; XVII. International Law on Disaster Relief. | [
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https://openalex.org/W2597728569 | Extraterritorial Responsibility of States for Human Rights Violations under International Jurisprudence: Case Study of DRC V. Uganda | [
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"Sudan"
] | [] | https://api.openalex.org/works?filter=cites:W2597728569 | I. INTRODUCTION Despite the recognition of the universal nature of human rights, the concept of State responsibility for violation of international human rights was restrictively interpreted in the past century. States were held responsible only for violations of human rights that occurred in their own territories against their own citizens. (1) Thereby, it was obvious that individuals should claim the violation of their rights against their own state. Since the second half of the twentieth century, the question has been raised as to whether States should be held responsible for their violations of international human rights committed outside of their national borders. (2) This question of extraterritorial state responsibility for human rights violations met with difficulties because international human rights treaties remained silent as to when and under what situations States might violate international human rights law. (3) Nevertheless, the international jurisprudence from the last few decades acknowledged that State entities can be held liable for their extraterritorial human rights violations under some circumstances. (4) This Article aims to understand the doctrine of extraterritorial application of human rights law, while also exploring the conditions under which a State can be held accountable for violating human rights outside of its territory. By analyzing the International Court of Justice's (ICJ) 2005 ruling in the DRC v. Uganda case, this Article posits that the doctrine today is that the extraterritorial responsibility of a given State for human rights violations applies in the circumstance of armed conflict, international or not, including the situation of occupations. (5) This means that the State violator, known as the occupying State, should have an over the territory where the human rights violations occurred, known as the occupied State. (6) This Article also suggests that the effective control of the territory by the occupying State simply implies an effective overall control of the occupied territory rather than control of every square meter of that territory. (7) In this regard, this Article emphasizes that the threshold of proof for ascertaining the effective control of the occupying State should not be very high, as it would be enough for the occupied State to establish the presence of the occupying State's organs on its territory and their involvement in committing human rights violations. In addition, the occupied State may also prove that the occupying State and its organs provided military and other logistic supports to the nonstate agents to commit human rights abuses on its territory. This Article is structured as follows: Part II highlights the historical background of the DRC armed conflict Case. Next, Part III focuses on understanding the doctrine of State extraterritorial responsibility for human rights violations. Finally, Part IV analyses the applicable laws for a State's extraterritorial violations of international obligations, focusing on the rapport between the human rights law and humanitarian law. II. HISTORICAL BACKGROUND OF THE DRC ARMED CONFLICT CASE The Democratic Republic of Congo (DRC) Armed Conflict cases before the ICJ and the African Commission on Human and People's Rights (the African Commission) relate to the war that occurred on the territory of the DRC from 1996 through 2003. (8) It is estimated that over three to four million people died as a result of conflict, three million people were displaced within the DRC, two million fled the country to seek asylum in neighboring States, and several hundred thousands were subjected to inhuman treatments and destruction of property. (9) Also known as the Great African War or African World War, approximately nine African countries and twenty armed groups were involved in this deadly conflict. (10) On one side, the armed forces of the DRC and its allies Angola, Chad, Namibia, Sudan, and Zimbabwe fought against a coalition comprised of the national armies of Burundi, Rwanda, and Uganda. … | [
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https://openalex.org/W4379621474 | Editorial: towards universal ratification for freedom of association rights? | [
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"Sudan",
"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W4379621474 | 2 | International Union Rights | 26/3 EDITORIAL Editorial: towards universal ratification for freedom of association rights? Continuing the thematic focus of IUR 26(2) on the ILO in its Centenary year, this edition looks in particular at the state of what ICTUR regards as the ILO’s most fundamental instruments, the Conventions on Freedom of Association (No. 87) and Collective Bargaining (No. 98). These particular instruments are so crucial from a trade union rights perspective because they provide the fundamental protection in international law for trade unions to exist, to function, and to carry out their activities. To give a very basic sense of these instruments, Convention No. 87 is concerned with the existence of unions, their founding, and free functioning. It protects their right to take action, and the civil liberties of trade unionists. Convention No. 98 outlines an obligation to promote collective bargaining, and it requires that trade unionists have protection against acts of interference. The two instruments together provide the foundations for trade unions to operate. As such they are critical, even within the framework of the ILO’s ‘fundamental’ or ‘core’ labour standards. Conventions Nos. 87 and 98 are understood as ‘enabling’ rights (see ILO 2019 Declaration, Chapter II, A (vi)). The idea behind this is that where collective organisation and action are protected this provides an effective basis from which workers can agitate for, and hopefully win, respect for other rights. Most countries have ratified both of them. What is problematic is that a core group of countries are still holding out against ratification of either instrument. And it is extraordinary that prominent among these are a very significant section of the founder members of the ILO: China, Brazil, India, Iran, and New Zealand. The US was not a founding member, but it has also not ratified either convention. Of the ILO founders group, Nick Henry recalls that New Zealanders played a key role in drafting Convention No. 87, but the government of 1948 ‘chose to ignore the advice of their own delegation’. Varied strands of authoritarianism have been similarly hesitant to embace freedom of association, but some are changing. Anita Chan reports on the disparity between the situation in Vietnam, which has just ratified Convention No. 98 (and is tabled to ratify Convention No. 87 ‘by 2023’) and in China, the two countries, Chan tells us, are ‘on different trajectories’: ‘Vietnam is opening up politically while China is becoming increasingly suppressive’. Growing political authoritarianism is also the subject of our report from Brazil, where Ericson Crivelli describes further threats to trade union rights. While Jamshid Ahmadi told a recent ICTUR meeting that ratification remains just ‘a dream’ for Iranian workers,. Ratification by India is still discussed in committees, reports Sindhu Menon, but the unions have little faith in that process, which one union leader describes as ‘eye-wash’ and ‘farce’. But there are also success stories. Canada, Mexico, and Vietnam all recently ratified Convention No. 98, and we await news from South Korea, where Mikyung Ryu reports on the problems that have stalled ratification, but which is still expected, and may be imminent. And David Bacon outlines an optimistic assessement of the potential for labour reform under new laws passed in Mexico, following that country’s ratification of Convention 98 in 2018. The new government, is ‘undoing 36 years of neoliberal economic reforms’. Finally, Sudan remains one of the few key countries in Africa not to have ratified Convention No. 87. We hear from three Sudanese colleagues and gain their insight into the unfolding revolution. Daniel Blackburn, Editor Next issue of IUR Articles between 850 and 1800 words should be sent by email ([email protected]) and accompanied by a photograph and short biographical note of the author. Please send by 15 November 2019 if they are to be considered for publication in the next issue of IUR. Subscribe to IUR / Affiliate to ICTUR Subscriptions: Print only £25 (individual rate), Print and electronic £75 (individual or institutional), Electronic only £55 (individual or institutional). Affiliations: (includes print and electronic access, and more, see www.ictur.org) Individual £50, Branch / local union £75 (includes 3 subscriptions), National (contact ICTUR for details). Name/Organisation Address Email Payment... | [
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https://openalex.org/W3123211217 | THE PROMISE AND LIMITS OF LOCAL HUMAN RIGHTS INTERNATIONALISM. | [
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"Sudan"
] | [] | https://api.openalex.org/works?filter=cites:W3123211217 | Introduction: From the International to the Local I. U.S. Federal Government as a Reluctant and Incomplete First Mover A. Objecting to the Federal Integration of Domestic Human Rights B. Linking the Political to the Structural and Procedural II. The Promise and Peril of Cities A. Typology B. Optimizing the Intersection of Political and Structural 1. Maximizing Political Homogeneity 2. Avoiding Federalism and Foreign Policy Concerns 3. Enhancing Warm Glow and Direct Gains 4. Utilizing Structural Advantages C. Limitations 1. Structural a. Federal Constitution b. State Limits 2. Limited Spillover: State, Federal, and International Conclusion INTRODUCTION: FROM THE INTERNATIONAL TO THE LOCAL For many people across the globe, human rights remain aspirational. American politicians and diplomats often speak of the need to improve human rights abroad in places such as China, Sudan, and North Korea. (1) Popular political discourse recognizes much less often the need to turn inward and improve our own government's human rights behavior, be it federal, state, or local. Despite the lack of mainstream support, for the last several years, NGOs and academics have increasingly criticized the failure of domestic actors to successfully bring human rights home. These critiques have given way to a second stage in the human rights struggle--the articulation of justifications, structures, and specific policies for implementing domestic human rights. This piece is the fourth of a multi-part series of papers that takes a supportive but also critical approach to the project of bringing international law home. The first piece, Take the Long Way Home: Sub-Federal Integration of Unratified and Non-Self-Executing Treaty Law, (2) documented the existence of apathetic and intransigent federal actors and identified the role of sub-federal actors such as states and cities in implementing unratified and non-self-executing treaty law. In so doing, that paper acknowledged the significant federal limits on such behavior and discussed the limited role of sub-federal actors in promoting federal ratification. It also hypothesized that existing local and regional efforts on the Kyoto Protocol and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) would serve as models for expanded sub-federal behavior. The second piece, The Non-Legal Role of International Human Rights Law in Addressing Immigration, (3) contended that even unratified international human rights law influences non-binding regional processes, contributes to the development and dissemination of best practices, and helps produce and codify a human rights discourse. I looked outside of formal international law structures to identify ways in which human rights can move from international law into the state. This Article investigated regional consultative processes and Italy's immigration reforms as examples of state actors undertaking voluntary compliance with human rights norms outside of traditional pathways. Most recently, Human Rights Impact Statements: An Immigration Case Study (4) proposed that domestic government actors, including states and localities, undertake human rights review of pending legislative and agency actions. I used the highly successful and much copied model of environmental impact statements as a starting point, but looked also at instances where government actors used such reviews to conduct more qualitative analyses. This Article addressed some design issues raised by such a proposal including: (1) which policies should be subject to assessment; (2) which governmental entities should conduct them; and (3) what consequences ought to flow from a human rights assessment or impact statement. Though I reached no conclusive recommendations, I noted the possibility and benefits of state and local experimentation in working through some of these design questions. … | [
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https://openalex.org/W1567982530 | The Promise and Limits of Local Human Rights Internationalism | [
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"Sudan"
] | [] | https://api.openalex.org/works?filter=cites:W1567982530 | For many people across the globe, human rights remain aspirational. American politicians and diplomats often speak of the need to improve human rights abroad in places such as China, Sudan, and North Korea. Popular political discourse recognizes much less often the need to turn inward and improve our own government’s human rights behavior, be it federal, state, or local. Despite the lack of mainstream support, for the last several years, NGOs and academics have increasingly criticized the failure of domestic actors to successfully bring human rights home. These critiques have given way to a second stage in the struggle — the articulation of justifications, structures, and specific policies for implementing domestic human rights.This piece is the fourth of a multi-part series of papers that takes a supportive but also critical approach to the project of bringing international law home. The first three pieces documented the existence of apathetic and intransigent federal actors; identified the role of sub-federal actors; and proposed that states and localities undertake human rights review of pending legislative and agency actions. As a part of this larger project, this paper once again focuses on cities as a vital pathway for the movement from the international to local. Like the prior works, this paper mixes theories, hypotheses, and case studies to illuminate the potential for bringing international law home. While the nation-state remains an extremely important player in the formation and enforcement of international law, international law also influences behavior by moving through sub-federal actors and regional sites. Sometimes this change occurs at the national government’s behest, but oftentimes it also occurs when other government actors bypass those nation-states resistant to its pull. This paper seeks to explain why and how cities in particular can play an important role in bringing human rights home. In the fifth and final paper, I anticipate concluding this discussion by looking closely at various methods to move human rights into the administrative state. Before moving into this final component, however, this current paper needs to first explain the role of cities in the overall project. In recent years, international law scholarship has moved beyond a statist conception in which only national governments create and then implement international law. Rather, bodies at all levels ranging from the transnational, such as regional consultative process and more formal international institutions, to state legislatures and state courts, to the most local unit of cities have all become active participants in the project of enshrining human rights in law. This paper investigates both domestic and international examples of cities acting as norm entrepreneurs in voluntarily implementing treaty based human rights. While previous works mostly took as a given federal inactivity in regards to human rights treaties, Part I reviews the numerous historical, political, and structural reasons for the limited federal efforts to integrate human rights treaties at home. These include the institutional objections of International Federalists, the substantive objections of Positive Rights Rejecters, and the political discretion concerns of the Flexible Foreign Policy Advocates. Although a domestic constituency supportive of human rights exists, until recently, such groups have focused on human rights promotion rather than internal integration. I then link these political objections to the various structural hurdles that treaties must pass through.Part II articulates some reasons why some cities might be more likely first movers. These include structural advantages, possible political homogeneity, and enhanced capacity to generate visible benefits for their constituents. In undertaking those efforts to integrate human rights, cities might create some local benefits that exist above and beyond mere substitution for federal action. I also wish to identify some of the city-specific gains that may arise from local implementation. Cities can capture good governance gains independent of whether the federal government decides to act. As they are often the provider of basic social services and possess a large bureaucracy, citizens can gain from subjecting those bureaucracies to human rights regardless of what states and the federal government decide to do. So even in those instances in which the federal government acts to bring human rights home, cities can supplement and reinforce those efforts by acting as laboratories and providing an additional layer of protection by promoting good government. This section, however, counsels caution for those who believe cities to be a likely motivator of federal behavior. Many of the same factors that allow cities space to act also serve as impediments to effective state and federal spillovers. While cities can perform much significant work bringing human rights home, we must simultaneously acknowledge that they also labor under significant structural and political constraints. | [] |
|
https://openalex.org/W13193090 | Некоторые аспекты институционализации референдумов в новейшей истории | [
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"Sudan"
] | [] | https://api.openalex.org/works?filter=cites:W13193090 | In the 20th and 21st centuries, referendum is one of the most important tools for implementing human rights and freedoms, self-determination of nations and peoples. In my article, I had done comparative legal analysis of referendums held to determine the status of territories and nations struggling for self-determination. I consider in detail the regularities and features of institutional structures and procedures of the referendum in the States’ legislation, in regulations, as well as in representative structures of struggling nations. Taking into account the contradictoriness of international law containing provisions are mutually exclusive (on the protection of territorial integrity and the right of nations to self-determination), I show throughout two centuries principles of international law, and promoted by U.S., appeared opposite to those that Russia adheres.
referendum; self-determination; independence; constitutional referendum; elective referendum; electorate; declaration of intent
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Federal Constitutional Law no. 5-FKZ “On of the Russian Federation” dated 28 June .2004 (as amended on 24 Apr. 2008). ConsultantPlus Legal Base. N.p., n.d. . (In Russian).
Federal Law no. 67-FZ On Basic Guarantees of Electoral Rights and the Right to Participate in Referenda Citizens of the Russian Federation” dated 12 June 2002 (as amended on 5 May. 2014). ConsultantPlus Legal Base. N.p., n.d. Web. . (In Russian).
Gorshkova, M.A. Comparative Analysis of the Electoral Law of the Russian Federation and the United Kingdom. Moscow: Russian State Humanitarian University Publisher, 2012. (In Russian).
Hill R.J. Profile-Moldova Votes Backwards: The 2001 Parliamentary Election. Journal of Communist Studies and Transition Politics 17.4 (2001): 130–139.
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Okunkov L.A., ed. The Constitution of European States. Moscow: NORMA Publisher, 2001. (In Russian).
Pierce R., Valen H., Listhaug O. Referendum Voting Behavior: The Norwegian and British Referenda on Membership in the European Community.American Journal of Political Science 27.1 (1983): 43–63.
Referendum. ForexAW. Forex, n.d. Web. . (In Russian).
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Galas, M. L. Some Aspects of Institutionalization in Modern History. Space and Time 2 (2014): 49–56. (In Russian). Fixed network address 2226-7271provr_st2-16.2014.15. | [
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"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W1515524026 | This is the first comprehensive look at the human rights dimensions of the work of the only body within the United Nations system capable of compelling action by its member states. Known popularly for its failure to prevent mass atrocities in Rwanda, the former Yugoslavia, and Syria, the breadth and depth of the Security Council's work on human rights in recent decades is much broader. This book examines questions including: how is the Security Council dealing with human rights concerns? What does it see as the place of human rights in conflict prevention, peacemaking and peacekeeping? And how does it address the quest for justice in the face of gross violations of human rights? Written by leading practitioners, scholars and experts, this book provides a broad perspective that describes, explains and evaluates the contribution of the Security Council to the promotion of human rights and how it might more effectively achieve its goals. | [
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] | [] | https://api.openalex.org/works?filter=cites:W2917755652 | At present the European Court of Human Rights employs a two-track approach to racial hate speech and religiously offensive speech, respectively. Further, the jurisprudence under Article 10 of the European Convention on Human Rights currently privileges journalistic or scholarly, over creative or artistic, forms of religious criticism. However, in this article it is argued that the ‘gratuitously offensive’ test for religiously offensive speech requires reform, while a consistent approach to racial hate speech cases is equally necessary. By building on Waldron’s account of the harm in hate speech, a single Article 10 test for both racial and religious hate speech is proposed. This new test focuses on harm in the sense of seriously undermining the target’s assurance to a status of equal worth in the community. It abandons the unhelpful race/religion dichotomy in the Article 10 jurisprudence, and is more responsive to the political reality of tense public discourse surrounding issues of race and religion in Europe in the wake of the Syrian refugee crisis and Brexit. | [
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https://openalex.org/W2588782365 | SHOULD INTERNATIONAL LAW RECOGNIZE A RIGHT OF HUMANITARIAN INTERVENTION? | [
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"Syria"
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"https://openalex.org/W1574103568",
"https://openalex.org/W1984691031",
"https://openalex.org/W1990259611",
"https://openalex.org/W2057187605",
"https://openalex.org/W2136979587",
"https://openalex.org/W2138313289",
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"https://openalex.org/W4243163942",
"https://openalex.org/W4247604854"
] | https://api.openalex.org/works?filter=cites:W2588782365 | Abstract The ongoing Syrian civil war calls for a re-evaluation of using force to protect human rights. This article does not rake over the much-debated issue of whether a right of humanitarian intervention exists as lex lata . Instead, it addresses the little reviewed normative issue of whether the right should exist in international law to support and reflect a pluralistic understanding of sovereignty. Despite advancements in international human rights law, international humanitarian law and international criminal law, this wider fabric of international law preserves Westphalian sovereignty and the principle of non-intervention. It denies any right of humanitarian intervention. | [
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https://openalex.org/W2995344705 | Accountability for human rights violations in Syria: reasons for hope | [
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] | [
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"https://openalex.org/W2794555199",
"https://openalex.org/W2797692905",
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] | https://api.openalex.org/works?filter=cites:W2995344705 | Against the background of ongoing brutal violations of international human rights law and international humanitarian law in Syria, and the Security Council’s failure to refer the situation there to the International Criminal Court, this paper identifies some bright spots on the horizon in relation to pursuing accountability for serious human rights violations. In particular, it focuses on the General Assembly’s creation of the International, Impartial and Independent Mechanism for Syria and the increased willingness of third-party States to embark on prosecutions of persons for international crimes using universal jurisdiction. In addition to outlining the nature of these responses and their constitutive legal frameworks, this paper highlights the potential contribution of each response, along with key limitations to and challenges in responding to victims’ rights to truth, justice and reparations. It also queries Australia’s readiness to investigate and prosecute violations that have taken place in Syria and so fully contribute to the rendering of justice. | [
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https://openalex.org/W2766858171 | 5 Isis and the Violations of Human Rights of Sexual Minorities: Is the International Community Responding Adequately? | [
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{
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] | [
"Syria",
"Iraq"
] | [] | https://api.openalex.org/works?filter=cites:W2766858171 | As part of the atrocities committed in Syria since the outbreak of the civil war, the attention of the international community has been attracted by the violence targeting a particularly vulnerable group, i.e. individuals pertaining to ‘sexual minorities’, or Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI). This article aims at providing an overview of the human rights abuses committed against LGBTI individuals in the territories controlled by ISIS in Syria and Iraq, and at discussing the extent to which the international community is aware of the problem and is addressing it adequately. The article then seeks to examine the legal implications triggered by the abuses committed by ISIS militants against LGBTI individuals and to discuss further avenues that might be available at the international level to ensure accountability, focusing on the challenges in applying international humanitarian law, international human rights law and international criminal law provisions to these contexts. | [
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https://openalex.org/W2979535798 | Heritage, Culture and Rights : Challenging Legal Discourses | [
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"affiliations": [],
"display_name": "Andrea Durbach",
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{
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{
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{
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{
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"id": "https://openalex.org/C138885662"
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] | [
"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W2979535798 | Cultural heritage law and its response to human rights principles and practice has gained renewed prominence on the international agenda. The recent conflicts in Syria and Mali, China’s use of shipwreck sites and underwater cultural heritage to make territorial claims, and the cultural identities of nations post-conflict highlight this field as an emerging global focus. In addition, it has become a forum for the configuration and contestation of cultural heritage, rights and the broader politics of international law. | [] |
|
https://openalex.org/W2914165077 | American Exceptionalism Reconsidered: U.S. Foreign Policy, Human Rights, and World Order | [
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{
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"display_name": "Patrice C. McMahon",
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{
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] | [
"Syria",
"Libya"
] | [] | https://api.openalex.org/works?filter=cites:W2914165077 | Is the US really exceptional in terms of its willingness to take universal human rights seriously? According to the rhetoric of American political leaders, the United States has a unique and lasting commitment to human rights principles and to a liberal world order centered on rule of law and human dignity. But when push comes to shove—most recently in Libya and Syria--the United States failed to stop atrocities and dithered as disorder spread in both places. This book takes on the myths surrounding US foreign policy and the future of world order. Weighing impulses toward parochial nationalism against the ideal of cosmopolitan internationalism, the authors posit that what may be emerging is a new brand of American globalism, or a foreign policy that gives primacy to national self-interest but does so with considerable interest in and genuine attention to universal human rights and a willingness to suffer and pay for those outside its borders—at least on occasion. The occasions of exception—such as Libya and Syria—provide case studies for critical analysis and allow the authors to look to emerging dominant powers, especially China, for indicators of new challenges to the commitment to universal human rights and humanitarian affairs in the context of the ongoing clash between liberalism and realism.
The book is guided by four central questions: 1) What is the relationship between cosmopolitan international standards and narrow national self-interest in US policy on human rights and humanitarian affairs? 2) What is the role of American public opinion and does it play any significant role in shaping US policy in this dialectical clash? 3) Beyond public opinion, what other factors account for the shifting interplay of liberal and realist inclinations in Washington policy making? 4) In the 21st century and as global power shifts, what are the current views and policies of other countries when it comes to the application of human rights and humanitarian affairs? | [] |
|
https://openalex.org/W3154911422 | The End of Human Rights Dynamism? Judgments of the ECtHR on ‘Hot Returns’ and Humanitarian Visas as a Focal Point of Contemporary European Asylum Law and Policy | [
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"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W3154911422 | Abstract Two controversial rulings of the Grand Chamber of the European Court of Human Rights (ECtHR) deserve global attention, since they declined to scrutinize on human rights grounds the prevalent move towards enhanced border controls and externalization practices that define European asylum law and policy at this juncture. In ND and NT, judges deemed the Spanish policy of ‘hot returns’, without access to basic procedural guarantees, of those climbing border fences to be compatible with human rights. A few weeks later, the Grand Chamber thwarted enduring hopes for judicial innovation in MN when it reasserted a ‘primarily territorial’ understanding of State jurisdiction and declared inadmissible the claim of a Syrian family from the war-torn town of Aleppo to a humanitarian visa. While the decision on humanitarian visas means that ‘non-arrival’ policies cannot usually be challenged, critical inspection of the ND and NT judgment displays a confounding combination of restrictive arguments and dynamic elements beneath the surface of a seemingly clear-cut outcome. This lack of judicial precision, which was bound to cause heated debate about the practical implications of the judgment, reflects the basic tension between the prohibition of refoulement and the absence of a right to asylum in classic accounts of international refugee law. It will be argued that the judicial vindication of the Spanish ‘hot returns’ policy does not call into question non-refoulement obligations; it aims at identifying graded procedural standards for different categories of refugees and migrants. By contrast, the novel insistence on the abstract availability of legal channels of entry presents itself as a humanitarian fig leaf for the acceptance of strict control practices. At an intermediate level of abstraction, the two rulings mark a watershed moment, indicating the provisional endpoint of an impressive period of interpretative dynamism on the part of the ECtHR, which has played a critical role in the progressive evolution of international refugee and human rights law over the past three decades. Experts in asylum law who have become accustomed to supranational courts advancing the position of individuals will benefit from the insights of constitutional theory and the social sciences to rationalize why the former vigour has given way to a period of hesitation and potential standstill, at least in Europe. This analysis employs the perspective of strategic litigation to discuss contextual factors hindering the continued dynamism of human rights jurisprudence in Europe at this juncture. | [
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"id": "https://openalex.org/S59956449",
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https://openalex.org/W261573316 | Circassian Right of Return: "Putin the Terrible or Putin the Enlightened?" | [
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"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W261573316 | I. INTRODUCTIONCircassians are an indigenous ethnic group that originates in the northwestern Caucasus Mountains.1 Throughout the nineteenth century, the Russian Empire enacted a policy to eradicate Circassians from their ancestral homelands, effectively pushing almost all surviving Circassians throughout the diaspora.2 Russia recently hosted the 2014 Winter Olympics in Sochi, the heart of ancestral lands.3 Many Circassians have expressed an interest in returning to Circassia, particularly Circassians fleeing the conflict in Syria.4Under article 12(4) of the International Covenant on Civil and Political Rights (ICCPR), Russia has an obligation to allow Circassians the right of return.5 Many Circassians, particularly refugees from Syria, wish to utilize Russia's Compatriot Law (a program to encourage Russians throughout the diaspora to return to Russia).6 However, a recent determination by Russian officials that Circassians are not considered compatriots under the law has prevented right of return.7 Russia should meet its obligations under the ICCPR's article 12(4) to allow Circassians the right of return by either amending the Compatriot Law or creating a new law to repatriate Circassians.Section II of this comment will provide a history of the people, including Russian policy to eradicate and expel Circassians from their ancestral homelands throughout the nineteenth century.8 It will then go over the Russian government's Compatriot Law and a recent decision by the Russian government that Circassians are not compatriots under the law.9 The comment will then discuss the right of return as a binding principle of international law that can continue through subsequent generations of an outcast people.10This comment argues that Russia is frustrating right of return in violation of articles 12(4) and 2(1) of the ICCPR. Section III will analyze the right of return under the ICCPR and legal barriers that could otherwise prevent right of return.11 It will then discuss how the Russian Compatriot Law fails to meet Russian obligations under article 12(4) of the ICCPR.12 In addition, Russia's subsequent amendments to the Compatriot Law to limit the scope of compatriot and decision to deny right of return constitutes a discriminatory practice prohibited by article 2(1) of the ICCPR. Finally, Section IV will recommend how Russia can fulfill its obligations by providing measures to allow return.13 For instance, Russia could amend the Compatriot Law to allow return, accept Circassians as Russian compatriots under the international law of succession, or create a new law that specifically targets Circassians for return to the ancestral homelands.II. BACKGROUNDThe background will describe history in the northwest Caucasus region and ultimate removal under Russian imperialism during the Caucasian War from 1817-1864. It will then explain the Russian Compatriot Law, Syrian refugee attempts to use the law for repatriation, and Russia's determination that Circassians are not compatriots under the law. Finally, it will present the history and current precedent for right of return under articles 12(4) and 2(1) of the ICCPR.A. CIRCASSIAN HISTORYThe term Circassian refers to members of an indigenous ethnic group from the northwestern region of the Caucasus Mountains, which borders Russia, Georgia, and the Black Sea.14 It is a distinct group with its own culture and language.15 mythology, known as the Nart Epics, predates the Bronze Age and provides thousands of years of history and culture originally passed down as oral tradition before being recorded in texts.16 For most of their history, Circassians enjoyed relative autonomy as tribal groups connected through custom and culture, which regularly interacted with neighbors through trade, noble marriages, and war. … | [
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https://openalex.org/W2904209750 | EU membership conditionality in promoting acceptance of peremptory human rights norms: a case study in Albania considering public opinion | [
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"display_name": "Jonida Lika",
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"display_name": "Conditionality",
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{
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"id": "https://openalex.org/C155202549"
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"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W2904209750 | Since its inception, European Union membership conditionality has played a major role in bringing EU candidate countries from former communist Eastern Europe in line with international human rights norms. In spite of such progress, those societies harbour significant inconsistencies in both their perception of what constitutes human rights and the role public trust in domestic and international actors plays in those perceptions. By highlighting those inconsistencies and discussing their origins, this paper aims at filling an explanatory gap related to instances when we should expect that EU membership conditionality would serve as an agent of human rights jus cogens, and when it would fail to do so. By relying on a probability simple random sample of public opinion data that we collected in Albania in 2016, we test our propositions with the case of people’s support for ethnic minority rights, homosexual rights, Syrian refugees seeking women rights, asylum in Albania, and the reinstatement of the death penalty. | [
{
"display_name": "The International Journal of Human Rights",
"id": "https://openalex.org/S139935717",
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|
https://openalex.org/W4255859753 | Political "Disappearances" - a Challenge for Humanitarian Law | [
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"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W4255859753 | Abstract In November 1981 the International Conference of the Red Cross, meeting in Manila, adopted a strong resolution against the practise of political "disappearances" (see Annex 1). This is the first humanitarian standard specifically adressing this relatively new pattern of human rights violations within the wider framework of the humanitarian law in armed conflict and internal strife. Contrary to our pessimism when we started to prepare for this initiative in the Norwegian Red Cross and at the Institut Henry Dunant in Geneva, the draft resolution was strengthened at the Conference and carried with an overwhelming majority (111 States parties in favour - only Argentina and Syria abstained). The humanitarian law has mistakenly been considered as a set of rules with little or no importance for circumstances below the threshold of international armed conflicts. In this article we will therefore argue that a human rights problem like political "disappearances" is not an exclusive concern of UN human rights treaties and non-governmental organisations like Amnesty International. On the contrary it represents a great challenge for the International Committee of the Red Cross (ICRC) and the humanitarian law in general. | [
{
"display_name": "Nordic Journal of International Law",
"id": "https://openalex.org/S38593109",
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|
https://openalex.org/W3123388043 | From Paralysis in Rwanda to Boldness in Libya: Has the International Community Taken "Responsibility to Protect" from Abstract Principle to Concrete Norm under International Law? | [
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{
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{
"display_name": "Psychiatry",
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] | [
"Syria",
"Libya"
] | [] | https://api.openalex.org/works?filter=cites:W3123388043 | I. TWENTIETH-CENTURY HUMANITARIAN INTERVENTION Military Intervention in Kosovo in 1999 II. INTERVENTION IN THE TWENTY-FIRST CENTURY Non-Security-Council-authorized, Multilateral Humanitarian Intervention III. EFFECT OF INTERVENTION IN LIBYA ON INTERNATIONAL LAW Intervention in Syria IV. CONCLUSION I. TWENTIETH-CENTURY HUMANITARIAN INTERVENTION Sovereigns have a responsibility to protect their citizens. They are responsible for functions of protecting safety and lives of citizens and promotion of their welfare. (1) Another modern view endorsed by states affirms [e]ach individual State has responsibility to protect its populations from genocide, war crimes, ethnic cleansing and crimes against humanity. This responsibility entails prevention of such crimes, including their incitement, through appropriate and necessary means. (2) The United Nations developed a three pillar system to encourage responsibility to protect: 1) protection responsibilities of State, 2) international assistance and capacity-building, and 3) timely and decisive response. (3) Many commentators emphasize prophylactic aspect of responsibility to protect. (4) Emphasis on preventative measures has been promoted in context of eliminating moral hazard of intervention. (5) However, U.N. Charter also acknowledged a state's right to be free from intervention. (6) These two values conflict, as they do in domestic systems, such as in U.S. where right to be free from unreasonable searches and seizures clashes with government's interest in crime control. (7) The importance of human rights law and policy strengthened during twentieth century, changing balance. The increased importance of human rights law is manifested by UN Charter (1945) (8); instruments such as Universal Declaration of Human Rights (1948) (9) and International Covenant on Civil and Political Rights (1966); (10) numerous human rights institutions, such as Inter-American Commission on Human Rights (1959), (11) European Court of Human Rights (1959); (12) organizations, such as Amnesty International (1961) and Human Rights Watch (1978); (13) and international humanitarian law courts, including Nuremberg tribunals (1945), (14) International Criminal Tribunal for Former Yugoslavia (1993), (15) and International Criminal Court (2002). (16) These structures plainly embody modern enthusiasm for norms and mechanisms for protection of human rights. When balance tilts towards human rights, society desires intervention, which is defined broadly as any application of pressure to a state. (17) The humanitarian appellation is applied to interventions that occur when a state intervenes in order to protect individuals from only most serious crimes (for example, genocide, war crimes, ethnic cleansing, and crimes against humanity) (18) or denial of a more expansive list of rights (such as access to food, employment, and environmental security). (19) The prototypical humanitarian intervention occurs where ethnic, religious, or political (opposed to regime in power) minorities need protection. The Kosovo intervention was humanitarian in nature and sought to protect Kosovars, who are primarily of Albanian origin and Islamic. (20) The Libyan intervention protected political opposition members. (21) Historically, states have intervened to protect individuals from harm. Humanitarian intervention was strongly supported in 19th century, when international law was less reserved about use of force. (22) One noted academic claims humanitarian intervention was basis for founding of U.S. and that English King's principal end in granting Massachusetts Bay Colony its Charter was to rescue the natives from their bitter pagan fate. (23) The UN Charter, specifically Article 2(4) in conjunction with Article 51, supports Security Council authorized intervention. … | [
{
"display_name": "Houston Journal of International Law",
"id": "https://openalex.org/S72777760",
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|
https://openalex.org/W2137100486 | International Legal Obligations of Armed Opposition Groups in Syria | [
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"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W2137100486 | Starting with peaceful protests of people demanding democratic reforms and fundamental rights from the regime in Damascus, the Syria crisis developed into a full-fledged civil war causing large- scale death, injury, and displacement. During the first year of the crisis, violence in Syria was marked by the brutal crackdown of regime forces on protesters. Confronted with a high degree of violence from state forces, opposition groups gradually organized politically and militarily. This article focuses on international legal obligations of armed opposition groups in the course of this crisis. Such obligations are clearly contained in international humanitarian law, and arguably also in international human rights law. In order to determine the applicable law, the classification of the situation as either an armed conflict or one of internal tensions and disturbances is fundamental but controversial. This article examines at what stage of the crisis international human rights obligations and international humanitarian law obligations of non-state armed groups became pertinent, and provides reasons why this is the case. It shall be argued that even before the Syria crisis turned into a non-international armed conflict, opposition groups were bound by fundamental rules of international human rights law. In addition to these rules, all parties to the armed conflict became bound by international humanitarian law once the situation reached a sufficient degree of violence, and the non-state groups a sufficient degree of organization. By examining the Syria crisis, this article shall show what these abstract criteria mean in practice. | [
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https://openalex.org/W2794120742 | The Role of the United Nations in the Protection of Human Rights in Light of Political Conflicts in the Middle East | [
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{
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{
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{
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"Syria"
] | [
"https://openalex.org/W78962325",
"https://openalex.org/W205463579",
"https://openalex.org/W1486669014",
"https://openalex.org/W1965253959",
"https://openalex.org/W2024740227",
"https://openalex.org/W2033384122",
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] | https://api.openalex.org/works?filter=cites:W2794120742 | The Role of the United Nations in the Protection of Human Rights in Light of Political Conflicts in the Middle East Dr. Mohammad Salim Al-Rawashdeh, Dr. Lubna Abdel-Rhman Al-Soud Abstract The Arab Spring remains a historical stop for human rights given the lessons; it underscores on Arab understandings and approaches to human rights. The Arab States has made great strides in achieving Arab regime for the protection of human rights, a major step by establishing an Arab court for this purpose. Although the establishment of such a tribunal came very late compared with their counterparts from other regional systems but the Arab documents and instruments relating to human rights in the Arab countries know early attempts and repeated but all led to the failure that was released with the approval of the successful millennium to the Arab Charter for Human Rights, then the establishment of the Arab Commission for Human Rights and the establishment of the Arab Court of Human Rights in 2014. The United Nations has defined human rights as: a set of universal legal safeguards for the protection of individuals and groups against any governmental violations that may infringe on fundamental freedoms and human dignity. The region has suffered of conflicts and flaming wars in the phenomena, that predicted a flaw in stability that would inevitably result in human rights violations beginning with war crimes, crimes against humanity, murder, torture, enforced disappearance, and deprivation of liberty, religious and ethnic persecution. As for human rights in Syria, there is a systematic policy of violating human rights in Syria with complex and interrelated difficulties, starting with the desertification of the Syrian homeland from any true civil society activity such as the defense of human rights during the long decades of tyranny and the security state in each country. The life of the Syrian citizen, leading to the tragedy of forced disappearance, whether by killing or arresting many human rights activists, who during the short period of the Syrian revolution, managed to grasp the basic keys to work in the field of human rights and to present it correctly and honestly. Full Text: PDF DOI: 10.15640/jirfp.v5n2a1 | [
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|
https://openalex.org/W2098956668 | Human Rights Prosecutors? The High Commissioner for Human Rights, International Justice, and the Example of Syria | [
{
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"display_name": "David Kaye",
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"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W2098956668 | This chapter explores this relationship between the High Commissioner and international justice and asks what this portends for the future of Office of the High Commissioner for Human Rights (OHCHR). It addresses questions such as: What are the origins of this relationship and how are these different actors meant to interact? How should OHCHR and the High Commissioner in particular, engage with international justice? What opportunities exist for the High Commissioner to advance the goals of international justice? What might the framework of a High Commissioner-International Justice relationship look like? Are there any risks involved in the increasing association of OHCHR with international justice? If so, are those acceptable risks? How may those risks be managed? The author recommends ways to conceive of the High Commissioner's work in international justice, drawing only superficially and briefly on other examples of OHCHR work beyond Syria. Keywords:international justice; OHCHR; Syria | [
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https://openalex.org/W2905370025 | Perlindungan Hukum HAM Internasional terhadap Imigran Suriah | [
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{
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"id": "https://openalex.org/C144133560"
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"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W2905370025 | Immigrants are people fleeing from His country to another country where it can be referred to as a refugee or asylum seeker. There is a legal instrument that regulates and provides protection against them. Arrangements for asylum seeker contained in the Declaration of Territorial Asylum, 1967, State practice, humanitarian issues, the Declaration of Human Rights (UDHR). While the arrangements for refugee contained in the Convention Relating to the Status of Refugees 1951 Protocol Relating to the status of Refugees in 1967, the International Covenant on Civil and Political Rights (ICCPR). Relating to the protection of the law against Syrian immigrant applies equally to immigrants from other countries as stipulated in the regulation that has been in the set. Countries in the European Union to implement the protection of international human rights law against Syrian immigrants who are in the countries of the European Union with consistent as in mandated in the European Convention on Human Rights, Convention applying the Schengen Agreement dated June 14, 1985, Lisbon treaty, Dublin II Regulation (Council Regulation (EC) 343/2003) in 2003. the indications there are some countries in the European Union such as Greece, Hungary who reject and do not want to take more responsibility for the country 'duties associated with the provisions of international human rights law to provide protection to Syrian immigrants in Europe. | [] |
|
https://openalex.org/W2617195218 | Protection of International Human Rights Law for the Syrian Immigrants | [
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"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W2617195218 | Immigrants are people fleeing from His country to another country where it can be referred to as a refugee or asylum seeker. There is a legal instrument that regulates and provides protection against them. Arrangements for asylum seeker contained in the Declaration of Territorial Asylum, 1967, State practice, humanitarian issues, the Declaration of Human Rights (UDHR). While the arrangements for refugee contained in the Convention Relating to the Status of Refugees 1951 Protocol Relating to the status of Refugees in 1967, the International Covenant on Civil and Political Rights (ICCPR). Relating to the protection of the law against Syrian immigrant applies equally to immigrants from other countries as stipulated in the regulation that has been in the set. Countries in the European Union to implement the protection of international human rights law against Syrian immigrants who are in the countries of the European Union with consistent as in mandated in the European Convention on Human Rights, Convention applying the Schengen Agreement dated June 14, 1985, Lisbon treaty, Dublin II Regulation (Council Regulation (EC) 343/2003) in 2003. the indications there are some countries in the European Union such as Greece, Hungary who reject and do not want to take more responsibility for the country 'duties associated with the provisions of international human rights law to provide protection to Syrian immigrants in Europe. | [
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https://openalex.org/W2398391175 | PERLINDUNGAN HUKUM HAK ASASI MANUSIA INTERNASIONAL TERHADAP IMIGRAN SURIAH | [
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"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W2398391175 | Immigrants are people who have fled from their country to other countries where they can be referred to as refugees or asylum seekers. There are legal instruments that regulate and provide protection for them. Arrangements for asylum seekers are contained in the 1967 Declaration of Territorial Asylum, State practice, humanitarian issues, Declaration of Human Rights (UDHR). Meanwhile, the arrangements for refugees are contained in the Convention Relating to the Status of Refugees 1951, Protocol relating to the status of Refugees 1967, International Covenant on Civil and Political Rights (ICCPR). This papers uses a normative juridical method. This juridical approach is because this research analyzes existing legal aspects, and is normative because this research focuses more on the analysis of existing laws and regulations and other regulations, using secondary data, namely scientific references or other scientific writings as study material that can support the completeness of this scientific papers. Regarding legal protection for Syrian immigrants, the same applies to immigrants from other state as regulated in the arrangements that have been regulated. Countries in the European Union implement international human rights law protections for Syrian immigrants residing in European Union countries consistently as mandated in the European Convention on Human Rights, Convention applying the Schengen Agreement dated June 14, 1985, Lisbon treaty, Dublin II Regulation (Council Regulation (EC) 343/2003) 2003. The indication is that there are several countries in the European Union such as Greece, Hungary which refuse and do not want to take more responsibility for their obligations as a State related to the provisions of international human rights law to provide protection for Syrian immigrants. in Europe | [
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https://openalex.org/W2616788186 | Economic, Social, and Cultural Rights in Armed Conflict | [
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"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W2616788186 | We see pictures of pale-faced, malnourished children huddled together somewhere in the underground of the besieged Syrian town of Aleppo.1 What can these children expect from international law when... | [
{
"display_name": "Nordic Journal of Human Rights",
"id": "https://openalex.org/S195083574",
"type": "journal"
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] |
|
https://openalex.org/W3210300030 | A Right to Leave but No Right to Enter Elsewhere? Uncovering the Finisterrae in the Migration Regime in Human Rights | [
{
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{
"country": "Portugal",
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"display_name": "Patricia Mindus",
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{
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{
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"Syria",
"United Arab Emirates"
] | [] | https://api.openalex.org/works?filter=cites:W3210300030 | Hassan Al Kontar appeared in major headlines in 2018. He had left his country of origin, Syria, and refused to return when the Syrian Civil War broke out. He had emigrated a few years earlier to the United Arab Emirates, where he worked as an insurance marketing agent. His work permit expired after the start of the conflict in Syria. So did his passport. Hassan remained in the Emirates illegally, out of fear of being drafted by the army upon his return to Syria. He was then arrested and sent to Malaysia where he was given a three-month tourist visa, but impeded from leaving the airport. Hassan ended up in a legal limbo. In a world like ours, where states jurisdictions exhaust the surface of the earth and determine the relationship between the state and its legal subjects, yet that pledges to protect the human rights of everyone, including non-nationals, how can these legal limbos in the international human rights regime be allowed? Some think there is a paradox at play here in that international human rights law gives a person a right to leave the state where (s)he is physically present, regardless of nationality, but no matching right to enter elsewhere. Others deny this to be the case. This article is not an attempt to add yet another voice pro et contra the wrongfulness of the alleged state of affairs in international law. Rather it seeks to clarify the disagreement by offering a systematic problem-setting. We show what the matter under dispute consists in and which theoretical commitments are necessary to commit to in either side of this debate. We do this in three steps. First, we offer an ecumenical description of the matter under normative dispute. Second, we show that the matter under dispute is unclear concerning the ratio materiae of the action-class regulated by the norms in question. Third, we draw the consequences of this circumstance for the conditions of truth of the opposing positions. It seems that the disagreement is rooted in the very description of the action-class that the norm purports to regulate: in a nutshell, it seems that while one side thinks that the action is a movement of one and the same body in space across the territorial jurisdictional lines of two state actors, the other side to the debate thinks that we are dealing with two actions, separate and separable institutional facts that refer to the individual’s position vis-a-vis a state. | [] |
|
https://openalex.org/W3022970978 | Women, Peace, and Security and Nationality Laws in the Syrian Conflict | [
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"display_name": "María del Rosario Grimà Algora",
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{
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"id": "https://openalex.org/C70036468"
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] | [
"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W3022970978 | The right to nationality is enshrined in the Universal Declaration of Human Rights and various international and regional human rights treaties, including the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child, and the European Convention on Nationality. Nationality provides a link to a specific state, and, more importantly, it constitutes the condition sine qua non for the deployment of an array of human rights. Yet, states are unwilling to fully defer to international law the determination of the right to a nationality. This, in combination with gender-based discrimination in nationality laws, can strip individuals their right to a nationality. In the case of Syria, women cannot pass on their nationality to their children born in exile, creating a generation of stateless children. This paper analyses how the Women, Peace and Security (‘WPS’) agenda of the Security Council offers a solution to this problem and to challenge Syrian nationality laws. WPS provides a gender perspective and a human rights approach to conflict and post-conflict situations, including displacement. Nationality rights are only merely tackled in the WPS resolutions. Nonetheless, WPS is a strong tool to address the issue of statelessness created by the intersection of gender discriminatory laws, displacement, and an incomplete human rights framework. | [
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https://openalex.org/W4378676452 | Children’s Right to Have Rights – on the Importance of Statutory Rights for Swedish Children Living outside the Country | [
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] | [
"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W4378676452 | The rights of the child are a multi-dimensional phenomenon that could be conceptualized from many angels, as witnesses this anthology. The multi-dimensional perspective remains within a singular field of knowledge, such as legal science. The complexity of children’s rights may, at least in part, explain the yearning for more statutory rights to meet the expectations of rights as tools for a better society. An example is the momentum behind the 2020 incorporation of the CRC into Swedish statutory law. The incorporation adds to the numerous statutes regarding children in Swedish law, covering most childhood; from reproduction through healthcare, parental break-up, education, delinquency and coming of age. An important challenge, however, is the understanding of the right to equal treatment for children whom are considered to have a “weak” legal connection to the Sweden. This might be children seeking asylum, undocumented children, EU-migrants but also children with dual-citizenship. Recent development indicates that Swedish child citizens in the detention camps in the North-eastern Syria are to be added to this category. This development has prompted a disagreement between the United Nations’ High Commissioner of Human Rights and the Swedish Government on the importance of human rights, statutory rights and jurisdiction. Taking stock of the statutory rights of children according to Swedish law, the legal measures available for the repatriation of the reported 30 Swedish children from the detention camps in the north-eastern Syria are outlined as a test-case of the importance of statutory rights for children. | [
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https://openalex.org/W2534436627 | Not So Safe and Sound | [
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{
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"id": "https://openalex.org/C144024400"
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] | [
"Syria",
"Iraq"
] | [] | https://api.openalex.org/works?filter=cites:W2534436627 | Despite its historical role as a refuge for people from all over the world seeking protection and a new life, in recent years, the United States of America (U.S.) has started to roll back its human rights protections for asylum seekers. Jamil Dakwar describes how, in response to the Paris attacks and other events in Europe and the U.S., which raised alarm over the threat of terrorism, the U.S. Congress is considering legislation known as the SAFE Act that specifically targets Syrian and Iraqi refugees and excludes them from protection in the U.S. Dakwar notes how the growing Islamophobic hysteria that has characterised much of the U.S. presidential cycle is threatening to dismantle critical human rights protections and the domestic civil rights not only of foreign-born refugees seeking assistance in the U.S., but also of minority communities already living in the country. These restrictive and discriminatory immigration policies have also targeted asylum-seekers arriving in the U.S. from Central America with devastating consequences for families and young children. In explicitly denying protections for Syrian and Iraqi refugees fleeing appalling danger, this article explores how the SAFE Act violates several fundamental human rights laws and principles. | [
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https://openalex.org/W2234190274 | British Airstrikes Against ISIS in Syria: Legal Issues Under the European Convention on Human Rights | [
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] | [
"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W2234190274 | This article explores the legality of British air strikes in Syria from the perspective of the European Convention on Human Rights. It addresses the extraterritorial effects of the ECHR in light of recent Strasbourg and English jurisprudence, the relationship between international humanitarian law and European human rights law, and the scope for the ‘absolute necessity’ standard in Article 2 to be adapted in light of the circumstances pertaining to a transnational terrorist group operating in safe havens abroad. | [
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|
https://openalex.org/W2999332567 | HISTORICAL PERSECUTION TOWARDS A CONTEMPORARY ISSUE: THE CONTINUING NEGLECT OF YAZIDI HUMAN RIGHTS | [
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] | [
"Syria",
"Iraq"
] | [] | https://api.openalex.org/works?filter=cites:W2999332567 | The ancient religion Yazidism and its members were put under the dangers of existence after being subjects of exploitation during the territorial control of the Jihadist group Islamic State of Iraq and Syria. The uniqueness of their religious beliefs, divergence of members from the usual dominant Islamic and Arabic culture, and their dwindling population has put their lives at an increased risk for terrorism. Practices judged and misunderstood affected their footing during the conflict. In order to understand the contemporary persecution of the Yazidis, this paper systematically reviews the fundamental tenets of Yazidism, the historical persecution of the group starting from the Abbasid period in the Middle East, and their experiences during terrorist occupation in the present era. The author also discusses relevant points on the neglect of the human rights situation of the religious minority in accordance with the United Nations Declaration of Human Rights. The contrasting credence between the Yazidi minority and the Syrian majority led to violence which later escalated to genocide. Despite the long-running time of mass killings, international recognition remained stagnant. The genocide received slim focus from the international community for it to have ended sooner or to provide succor to the victims. Not much attention was obtained, keeping the extremity of the happening dull to the eyes of others. Lastly, the author compiled the efforts of the international community in alleviating the continuing deterioration of Yazidi human rights.
Keywords: Yazidi, ISIS, genocide, human rights, refugee | [
{
"display_name": "Asian People Journal (APJ)",
"id": "https://openalex.org/S4210213601",
"type": "journal"
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|
https://openalex.org/W2250127046 | How can the sense of Responsibility influence protecting human rights in Syria | [
{
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"display_name": "Jalaledin Mohammad Najafi",
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{
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"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W2250127046 | International humanitarian law is a set of rules that seek to limit the effects of armed conflict on people and objects it protects certain categories of people and restricts the methods and means of warfare. The Responsibility to Protect (R2P) is a principle aimed at the protection of the world's most vulnerable populations from the most heinous international crimes, While R2P is not itself, a legally binding framework, as a principle it is grounded in existing international law and it binds all the states to respect and ensure respect for human rights and humanitarian law. The situation in Syria is a practical example to prove how R2P can help humanitarian law in the crisis. | [
{
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"id": "https://openalex.org/S2764474527",
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|
https://openalex.org/W3132298702 | French Children in Syrian Camps: The Committee on the Rights of the Child and the Jurisdictional Quagmire | [
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"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W3132298702 | The “jurisdiction question”, namely in what circumstances and according to what test human rights treaties apply ‘extra-territorially’ has been contentious. The Committee on the Rights of the Child has delivered its first two decisions on the question, in the context of the humanitarian crisis facing foreign child nationals held in camps in NE Syria. It suggests a holistic assessment of factual and legal nexus between applicants and the state, in which nationality, victim vulnerability and capacity to protect rights are the key considerations. This paper reflects on these decisions and their implications in the context of prolific recent developments and differing approaches to jurisdiction and scope by other bodies. | [
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|
https://openalex.org/W2570483746 | Should International Law Recognize a Right of Humanitarian Intervention to Support and Reflect a Pluralistic Understanding of Sovereignty | [
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{
"display_name": "Psychiatry",
"id": "https://openalex.org/C118552586"
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] | [
"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W2570483746 | The on-going Syrian civil war calls for a re-evaluation of using force to protect human rights. This paper does not rake over the much-debated issue of whether a right of humanitarian intervention exists as lex lata. Instead, it addresses the little reviewed normative issue of whether the right should exist in international law to support and reflect a pluralistic understanding of sovereignty. Despite advancements in international human rights law, international humanitarian law and international criminal law, this wider fabric of international law preserves Westphalian sovereignty and the principle of non-intervention. It denies any right of humanitarian intervention. | [
{
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|
https://openalex.org/W3211637259 | SYRIA – “THE WAR WITH MULTIPLE PROXIES”. VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW AND HUMAN RIGHTS | [
{
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"display_name": "Daniela Vetina Ene",
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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/C86615163"
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{
"display_name": "Politics",
"id": "https://openalex.org/C94625758"
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] | [
"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W3211637259 | The civil war in Syria, triggered by the pro-democracy demonstrations of the "Arab Spring", was a complicated combination of religious, cultural and ethnic-identity contradictions. The non-international conflict was turned into a "battlefield" for foreign powers, which led to the transformation of a civil war into a "war with multiple proxies". The United Nations' efforts to mediate the conflict, based on a six-point plan, remained in the draft phase. Amnesty International and Human Rights Watch have denounced flagrant violations of human rights and international humanitarian law by the al-Assad regime, which has widely used non-discriminatory weapons banned in violation of the Geneva Conventions, 1949. The Bashār al-Assad regime is accused by the international community of being guilty of war crimes and crimes against humanity, but attempts to incriminate it have failed. | [] |
|
https://openalex.org/W3108047555 | The Grey Zone : Civilian Protection Between Human Rights and the Laws of War | [
{
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"display_name": "Mark Lattimer",
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{
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{
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{
"display_name": "Genetics",
"id": "https://openalex.org/C54355233"
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] | [
"Syria",
"Iraq"
] | [] | https://api.openalex.org/works?filter=cites:W3108047555 | The high civilian death toll in modern, protracted conflicts such as those in Syria or Iraq indicates the limits of international law in offering protections to civilians at risk. A recent conference of states convened by the International Committee of the Red Cross referred to ‘an institutional vacuum in the area of international humanitarian law implementation’. Yet both international humanitarian law and the law of human rights establish a series of rights intended to protect civilians. But which law or laws apply in a particular situation, and what are the obstacles to their implementation? How can the law offer greater protections to civilians caught up in new methods of warfare, such as drone strikes, or targeted by new forms of military organisation, such as transnational armed groups? Can the implementation gap be filled by the growing use of human rights courts to remedy violations of the laws of armed conflict, or are new instruments or mechanisms of civilian legal protection needed? | [] |
|
https://openalex.org/W2281830636 | Responses by the United States Government to International Human Rights Abuses | [
{
"affiliations": [],
"display_name": "Abigail D. Adams",
"id": "https://openalex.org/A5008999642"
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{
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{
"display_name": "Terrorism",
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{
"display_name": "Refugee",
"id": "https://openalex.org/C173145845"
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{
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{
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{
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] | [
"Syria"
] | [
"https://openalex.org/W1586157023",
"https://openalex.org/W2065093618",
"https://openalex.org/W2318339838",
"https://openalex.org/W2619127611",
"https://openalex.org/W2705169702",
"https://openalex.org/W2798682236"
] | https://api.openalex.org/works?filter=cites:W2281830636 | The questions of why and how the US responds to international human rights abuses are complex and multifaceted. Policy decisions regarding Nigeria, North Korea, and Syria all condemn abuses and demand that those responsible stop their actions. However, enforcing those demands is another matter. The three case studies show that specific human rights policies cannot exist outside of other political and diplomatic considerations. Terrorism, nuclear concerns, and regional stability all affect US interests and overshadow human rights questions. Moreover, respect for human rights cannot be forced on a government from the outside, and US sanctions do little when governments are not interested the well-being of their citizens. Promoting stability and democracy worldwide is the best way to promote human rights. Additionally, aiding refugees and giving aid wherever possible is the best way to realistically fulfill the international responsibly to protect and advance universal human rights. | [] |
|
https://openalex.org/W4210886503 | Advancing the Rule of Law and Human Rights Protection through United Nations Mandated Mechanisms | [
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"display_name": "Yousuf Syed Khan",
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{
"affiliations": [],
"display_name": "Charles Majinge",
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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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{
"display_name": "Crimes against humanity",
"id": "https://openalex.org/C2776429423"
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{
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{
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"id": "https://openalex.org/C195064531"
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{
"display_name": "Politics",
"id": "https://openalex.org/C94625758"
}
] | [
"Syria",
"Libya"
] | [] | https://api.openalex.org/works?filter=cites:W4210886503 | Over the past fifteen years, the international community has increasingly relied upon United Nations mandated mechanisms comprising commissions of inquiry, fact- finding missions, and investigations to help address gross violations of human rights and the often blatant disregard for the rule of law during periods of civil unrest, conflict, and post-conflict contexts. The primary reason for why this approach has been preferred centres upon the fact that achieving accountability through internationally mandated tribunals and prosecutions is not only difficult to realize but further complicated due to realpolitik permeating among relevant international decision- making structures. For example, to activate meaningful judicial accountability at the international level, agreement amongst the highest echelons of the United Nations vis- a- vis a Security Council resolution is required to mandate an accountability mechanism. Indeed, even a referral to the permanent International Criminal Court underpinned by the Rome Statute requires a Security Council referral for non- State parties. The complexity of activating these measures, however, has served to ensure the continuation of numerous protracted armed conflicts – characterized by the perpetration of atrocity crimes, violations of international humanitarian law, and violations and abuses of human rights – to the detriment of millions of civilians worldwide. This contribution finds that the Commissions of Inquiry on Syria and Libya have been able to advance the rule of law and the protection of human rights by investigating and reporting publicly on findings by all parties to these respective conflicts, in particular on atrocity crimes, violations of international humanitarian law, and violations and abuses of human rights perpetrated by non- State actors. Both Commissions have taken similar positions on the application of human rights to non- State actors, in that non- State actors that cannot formally become parties to international human rights treaties must nevertheless respect the fundamental human rights of persons in areas where such actors exercise de facto control. The contribution continues by exploring the roles of the Commissions of Inquiry for Syria and Libya in the general quest for prevention: i.e., can the establishment of these mechanisms deter belligerents from perpetrating abuses of human rights and disregarding the rule of law? The article argues that if UN- mandated mechanisms – including commissions of inquiry, fact- finding missions, and investigations – are well supported, especially when concerned States grant such bodies protected access on the ground, they can significantly act as a deterrent and contribute to the respect for human rights and the rule of law. This may be achieved particularly through their cooperation and sharing with accountability bodies and the documentation and preservation of evidence collected. | [
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|
https://openalex.org/W4230592079 | 31. Human rights | [
{
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"display_name": "Jack Donnelly",
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{
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{
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{
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] | [
"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W4230592079 | This chapter examines the multilateral, bilateral, and transnational politics of human rights in contemporary international society. It considers why internationally-recognized human rights are implemented largely through national action. It also explores whether human rights should be enforced through greater regional and international judicial action, or whether international armed force should be used; what the global human rights regime tells us about the relationship between moral interests and national interests; bilateral foreign policy as a principal mechanism of international action on behalf of human rights; and the role of non-commercial non-governmental organizations (NGOs) in the international politics of human rights. Two case studies are presented, one dealing with international responses to the Tiananmen massacre and the other with the Syrian civil war. There is also an Opposing Opinions box that asks whether the international community has, and should strive, to acquire a responsibility to protect people from human rights violations. | [
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https://openalex.org/W2937692359 | Statelessness, Refugees, and Hospitality | [
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"display_name": "Siobhan Kattago",
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"id": "https://openalex.org/C48103436"
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"display_name": "Tourism",
"id": "https://openalex.org/C18918823"
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"display_name": "Algorithm",
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"id": "https://openalex.org/C41008148"
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"Syria"
] | [
"https://openalex.org/W293967366",
"https://openalex.org/W648618540",
"https://openalex.org/W1017006053",
"https://openalex.org/W1587641581",
"https://openalex.org/W2005572195",
"https://openalex.org/W2039689308",
"https://openalex.org/W2062223358",
"https://openalex.org/W2069535387",
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"https://openalex.org/W2505137186",
"https://openalex.org/W4249677961",
"https://openalex.org/W4249780544"
] | https://api.openalex.org/works?filter=cites:W2937692359 | Abstract As the war in Syria and the destruction of the Calais camp in France in 2016 bitterly demonstrate, declarations of human rights and asylum devolve into empty promises without a common sense of solidarity and an implicit understanding that we share responsibility for the world and one another. Today’s refugee crisis demonstrates that many of the problems that Hannah Arendt identified during the first half of the twentieth century are still with us. National security and the state of exception increasingly place refugees and migrants at the borders of international law. This article argues that Immanuel Kant’s Perpetual Peace and Arendt’s postwar reflections on the stateless as modern pariahs continue to frame current debates on hospitality, human rights, and responsibility. Without a recognition of our common humanity and shared world, sovereign states will continue to find exceptions to the legal status of refugees and migrants, thus enabling their exclusion from political life and the very laws that should protect them. Falling outside human rights law and the rights of refugees leads to the uncertainty of the pariah. | [
{
"display_name": "New German Critique",
"id": "https://openalex.org/S132513827",
"type": "journal"
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|
https://openalex.org/W4249536454 | International human rights law: a selected annotated bibliography | [
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{
"display_name": "Creativity",
"id": "https://openalex.org/C11012388"
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] | [
"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W4249536454 | Purpose – This selected annotated bibliography guides users to print and online tools for researching international human rights law. Design/methodology/approach – To research international human rights law, users may need to access a wide range of resources that represent varying levels of depth and analysis. Thus, this selected annotated bibliography reviews a selection of dictionaries, handbooks, nutshells, encyclopedias, guides and Web sites that will be useful to scholars, students, practitioners and the general public. The results of a trial search for information on the women’s human rights are included for each resource. Findings – As recent world events such as the Arab Spring and the Syrian Civil War make headlines, the need for understanding international human rights law continues to be essential to life in a just society. The resources reviewed here help researchers, practitioners and the general public better understand the human rights implications of the events happening around them today, as well as past events. Originality/value – This is an original bibliography that aims to select and review tools for researching international human rights law from a variety of types and formats. It may be valuable to librarians working in academic, school and public libraries who handle questions about human rights, legal issues and world events. | [
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"id": "https://openalex.org/S4210172897",
"type": "journal"
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|
https://openalex.org/W2914765445 | Conflict Displacement and Legal Protection: Understanding Asylum, Human Rights and Refugee Law | [
{
"affiliations": [],
"display_name": "Charlotte Lülf",
"id": "https://openalex.org/A5071512935"
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"id": "https://openalex.org/C17744445"
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{
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"id": "https://openalex.org/C13934251"
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"id": "https://openalex.org/C95691615"
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{
"display_name": "International trade",
"id": "https://openalex.org/C155202549"
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"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W2914765445 | While the 21st century bears witness to several conflicts leading to mass displacement, the conflict in Syria has crystallised the need for a solid legal framework and legal certainty.
This book analyses the relevant legal instruments for the provision of a protection status for persons fleeing to Europe from conflict and violence. It focuses on the conceptualisation of conflict and violence in the countries of origin and the different approaches taken in the interpretation of them in the 1951 Refugee Convention, the Recast Qualification Directive of the European Union and the European Convention on Human Rights. It traces the hierarchical order of protection granted, starting with refugee protection status, to subsidiary protection status and finally with the negative protection from non-refoulement. Recent case law and asylum status determination practices of European countries illustrate the obstacles in the interpretation as well as the divergence in the application of the legal instruments.
The book fills an important gap in examining the current practices of key actors, including the United Nations High Commissioner for Refugees and European states, tracing changes in national and international policies and revealing discrepancies towards contemporary approaches to conflicts. It refines the interaction and cross-fertilisation of the different relevant fields of European asylum law, human rights law and the laws of armed conflict in order to further the development of a harmonised protection regime for conflict-induced displacement. | [] |
|
https://openalex.org/W607176646 | The Liberal Way of War: Legal Perspectives | [
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"display_name": "Torture",
"id": "https://openalex.org/C544040105"
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"display_name": "Right to property",
"id": "https://openalex.org/C22299250"
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] | [
"Syria",
"Libya"
] | [] | https://api.openalex.org/works?filter=cites:W607176646 | Contents: Foreword, Alan Cromartie Introduction, Robert P. Barnidge Jr Part I Applying International Human Rights Law: How has the prohibition of torture survived 11 September 2001?, Malcolm D. Evans The 'global dance' of humanity and legality: terror, migration and human rights, Colin Harvey The responsibility to protect: lessons from Libya and Syria, J. Craig Barker The United Nations Human Rights Committee and counter-terrorism measures of states parties to the International Covenant on Civil and Political Rights after 11 September 2001, Sandy Ghandhi. Part II International Humanitarian Law and Today's 'New Wars': Civilian casualties and drone attacks: issues in international humanitarian law, Susan Breau The 'new wars' of children or on children? International humanitarian law and the 'underaged combatant', Noelle Quenivet Spatial conceptions of the law of armed conflict, Louise Arimatsu An assessment of cyber warfare issues in light of international humanitarian law, Kalliopi Chainoglou. Part III Islamic Law and Its Interface with International Law: The Islamic law of Qital and the law of armed conflict: a comparison, Niaz A. Shah Islam as a religion of peace: an articulated reply to terrorism, Anicee Van Engeland Islamic law after the Arab Spring: the challenges of Islamism and modernity, John Strawson Afterword: a liberal way to war? International law and two centuries of 'benevolent aggression', David Turns Index. | [] |
|
https://openalex.org/W3159728270 | Without a Home and Hungary: Assessing Hungary’s Legal Responsibilities to Syrian Refugees and Its Derogation of Rights Due to a Declared State of Emergency | [
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"display_name": "Eric Andrews",
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"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W3159728270 | The rights and obligations due to refugees is a complex system with many moving parts. In 1948 the United Nations created the Universal Declaration of Human rights. This was followed in 1950 with the European Convention on Human Rights (ECHR). Here, member nations first outlined the fundamental rights for nations belonging to the European Council.In order to recognize the role of fundamental rights in the European Union and to consolidate the rights protected by the ECHR, the European Union Charter of Fundamental Rights was drafted. After the Treaty of Lisbon, which now forms the basis for the European Union, the Charter was given full legal effect over member nations. Hungary, as a member of the European Union, is subject to obligations outlined in these treaties or as mandated by the Union.
This comment will assess Hungary’s responsibilities to asylum seekers. This is in response to Hungary’s declaration of a state of emergency and the State’s subsequent legislation regarding border security. This comment will begin by outlining Hungary’s new legislation. Because an individual’s status is of great importance in the context of treaty law, this comment will then provide an explanation of the differences between asylum seeker, refugee, and migrant worker. This will be followed by an analysis of Hungary’s new border laws and accused treatment of Syrian refugees against the three treaties that Hungary has entered into as a party. This will include an analysis of the need for migrant worker protection. Next, this comment will look at the potential venues for action against this legislation and the obstacles faced when a State declares a state of emergency and derogates rights afforded to asylum seekers. Finally, this comment will look at what action has already been taken and what lies ahead. | [] |
|
https://openalex.org/W3160232676 | The UN Human Rights Council, a Practical Anatomy by Eric Tistounet | [
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"display_name": "Paulo S. Pinheiro",
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"id": "https://openalex.org/C2778698365"
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"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W3160232676 | Reviewed by: The UN Human Rights Council, a Practical Anatomy by Eric Tistounet Paulo Sérgio Pinheiro (bio) Eric Tistounet, The UN Human Rights Council, a Practical Anatomy (Edward Elgar Publishing 2020), ISBN 9781789907940, 384 pages. Since 1946, the United Nations has sought to advance the cause of human rights. The Commission on Human Rights, envisioned in the UN Charter, held its first session in 1947 at an old gyroscope factory at Lake Success, New York, with the main task to write the International Bill of Rights. Until its extinction six decades later, the Commission adopted a large variety of international human rights instruments and promoted new avenues for monitoring violations in member states, foundations upon which the international community built the current international human rights system. The results have been variable and often hard to specify with precision. Over the years, an extremely complex and somewhat inaccessible administrative structure has grown up. The new and the old continue living together through vicissitudes, crises and rearrangements in the UN human rights system. A Human Rights Council, in Geneva, replaced the Commission in 2006. It is that complex stage where Eric Tistounet sets his extraordinary book The UN Human Rights Council, a Practical Anatomy. Tistounet has worked within the secretariat of the Council since its establishment and is better placed than anyone to unveil the Council's real functioning. Since its foundation, the Council's mandate to monitor human rights in member states around the world continues to be a difficult task because the implementation of human rights is permanently subjected to the limitations and existing contradictions in the situation of world affairs. We must never forget that the Council is a multilateral body constituted by representatives of states which always try to protect their interests. Seeing representatives of governments criticize the action of other government, Sérgio Vieira de Mello once said that "it was like fish criticizing each other for being wet,"1 because the political nature of international human rights bodies is an essential element in their functioning. The full depoliticization of the Council will never be achieved. It is wholly unrealistic to expect that the Council can be a sort of spaceship floating above reality, full of righteous saviors rescuing victims of abuse, freed from politics and hypocrisy, moved only by ethics. On the other hand, international bureaucratic organizations, despite being under the control exercised by states, function in practice with relative autonomy. Observing their rituals and proceedings we can learn a lot about ongoing social and political processes playing out in the international arena. Notwithstanding these constraints, the Council has continued the work of the former Commission, preparing new conventions, considering human rights [End Page 404] situations in various countries, and developing new investigative mechanisms. In addition, there were decisive innovations that Tistounet describes and evaluates. The Council has been elevated to the status of a subsidiary body of the UN General Assembly, now with forty-seven members instead of fifty-three at the Commission, strengthening the representation of African and Asian states while weakening others. Instead of a single annual meeting, the Council has come to have a semi-permanent status, holding three sessions a year, with a total duration of at least ten weeks. As Tistounet said at the tenth anniversary of the Council, it operates like a theatrical event, with message, audience, and setting so that "we have moved from a short play with adequate intermissions to long operas without a pause."2 The Council has established several commissions of inquiry to serve as independent fact-finding bodies to investigate grave violations of human rights, including crimes against humanity, and to identify perpetrators for the purpose of holding them accountable. Tistounet examines the commission on Syria, established in 2011 and still in existence, as one of the many examples of the multifaceted processes in the Council. The role of the HRC in responding promptly to human rights emergencies, has been strengthened with the possibility of holding Special Sessions and Urgent Debates on human rights crises in specific countries. In Syria alone, there were Special Sessions in 2011, 2012, and 2016. These sessions exposed the pattern of war crimes by all sides in that... | [
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"id": "https://openalex.org/S38600022",
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|
https://openalex.org/W4367549638 | Human Rights and Justice for All: Demanding Dignity in the United States and Around the World by Carrie Booth Walling | [
{
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{
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"display_name": "Environmental ethics",
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{
"display_name": "Ecology",
"id": "https://openalex.org/C18903297"
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{
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"id": "https://openalex.org/C138885662"
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{
"display_name": "Biology",
"id": "https://openalex.org/C86803240"
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] | [
"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W4367549638 | Reviewed by: Human Rights and Justice for All: Demanding Dignity in the United States and Around the World by Carrie Booth Walling Rebecca Sanders (bio) Carrie Booth Walling, Human Rights and Justice for All: Demanding Dignity in the United States and Around the World (Routledge 2022), ISBN 9780367902124, 194 pages. Carrie Booth Walling’s Human Rights and Justice for All: Demanding Dignity in the United States and Around the World provides an accessible and comprehensive introduction to international human rights. Geared primarily towards university students, but also useful for scholars, professionals, and activists seeking to orient themselves, the book offers six thematic chapters and a human rights advocacy toolkit. Walling frames the pursuit of human rights as an active political project and guides readers through major issue areas, highlighting human rights deficits and violations, relevant international legal standards, and activist campaigns for change. Interspersed throughout the text, Walling profiles a diverse range of human rights campaigners, both widely and lesser known (e.g. Yazidi activist Nadia Murad, Indigenous Mexican Otomi-Toltec climate activist Xiye Bastida, and forensic physician Dr. Şebnem Korur Fincancı), as well as several human rights campaigns and initiatives (e.g. the UN’s Free and Equal Campaign for LGBTI rights, the Syrian White Helmets’ humanitarian rescue mission, and the Coalition of Immokalee Workers’ farmworker advocacy in Florida), giving a face to human rights advocacy. This effort to continually link broad human rights principles back to the [End Page 352] people and processes that demand and implement rights, or as Walling frames it, the lived experience of human rights, is one of the major strengths of the book. The thematic chapters introduce readers to inter-related human rights challenges and then provide in depth illustrative case studies from around the world, all of which are well-documented in thorough endnotes. For instance, Chapter 2 on equality and non-discrimination examines systemic anti-Black racism in the US criminal justice system and Chinese repression and forced assimilation of the Muslim Uyghur ethnic minority under the guise of counterterrorism. Chapter 3 on the interdependence of human rights invokes Michael Goodhart’s “negative interdependence” framework to explore the intersections of class, racial, and political deprivations and exclusions that fueled the Flint, Michigan water crisis. Later, the chapter shifts to review the Islamic State’s sexual violence against Yazidi women and girls, examining overlapping vectors of gendered, religious, and ethnic insecurity. International crimes including genocide, crimes against humanity, and war crimes are analyzed in Chapter 4, which covers a range of cases and developments including the Rwandan genocide, the development of the Responsibility to Protect doctrine, RUF atrocities in Sierra Leone, and grotesque war crimes in Syria. Chapter 5 on justice and reconciliation explores a variety of models of transitional justice including trials, truth commissions, apologies, memorialization, and reparations and introduces readers to concepts of retributive and restorative justices. Case studies include post-dictatorship trials in Argentina, the post-apartheid Truth and Reconciliation Commission in South Africa, and less conventionally, the Greensboro Truth and Reconciliation Commission—an unofficial community-led initiative to shed light on the 1979 massacre of anti-racist activists perpetrated by white supremacists in Greensboro, North Carolina. This latter case, along with aforementioned case studies on US criminal justice and the Flint water crisis, make the text especially useful for American students, who often struggle to critically connect domestic politics with international human rights challenges. The final two chapters examine mechanisms of human rights adoption, monitoring, and implementation. Chapter 6 reviews patterns and practices of civil society mobilization and the dynamics of Margaret Keck and Kathryn Sikkink’s “transnational advocacy networks,” interspersed with numerous examples such as the work of the Madres de Plaza de Mayo or Human Rights Watch. The chapter goes on to explain the institutional international human rights machinery including the UN Office of the High Commissioner for Human Rights, the Human Rights Council, Special Procedures, and Treaty Bodies. Students can also download a supplemental seven-page file from the Routledge website which includes a list of international and regional treaties and legal instruments, trials, tribunals, and investigative bodies, and a range of human rights non-governmental organizations and journals, many of which include direct hyperlinks... | [
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https://openalex.org/W4387398804 | Severe Pain and Good Faith: Just War Theory’s Right Intention in the Bush-Era Torture Memos | [
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"Syria",
"Iraq"
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] | https://api.openalex.org/works?filter=cites:W4387398804 | Click to increase image sizeClick to decrease image size Disclosure StatementNo potential conflict of interest was reported by the author.Notes1. “Enhanced interrogation techniques” are maneuvers that “incorporate physical or psychological pressure beyond Standard Techniques” (Miles 1).2. The much-decried “Gloves Come Off” MON, in effect, continues to authorize the CIA’s (and later the Department of Defense’s) drone strikes with disturbingly little congressional oversight (Mazzetti and Apuzzo). While the drone program maintains a different orientation to human bodies—we kill people from afar, rather than up close—drone strikes are justified by disturbingly similar means.3. Also known as the Islamic State, ISIS is an offshoot of al Qaeda that emerged around 2014. The militant group quickly took over large swaths of Syria and Iraq.4. See, for example, Article 5 of the Universal Declaration of Human Rights; Article 7 of the International Covenant on Civil and Political Rights; Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms; Article 5 of the American Convention on Human Rights; Article 5 of the African Charter on Human and Peoples’ Rights; the Third and Fourth Geneva Conventions; and the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.5. Skolnick qualifies Scarry’s suggestion that torture is typically employed when “power is ‘highly contestable’ and the regime ‘unstable;’” he references the cruel treatment of IRA prisoners by British authorities in Northern Ireland as an example of torture by a stable democracy (110). Abu Ghraib provides yet another example, though perhaps the fact that these examples of torture were situated in unstable locales (i.e. Northern Ireland and Iraq, respectively) qualifies Skolnick’s point.6. Walzer in “Political Action” invokes a similar scenario to think through how political leaders make tragic decisions; he determines that a leader who decides to torture in order to save others must understand that they have done wrong and accept the moral burden of their decision.7. For ease of reference, all memos and reports are cited in Greenberg and Dratel, where they are published in their entirety. | [
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https://openalex.org/W2993146746 | International Terrorism and Statelessness: Revoking the Citizenship of ISIL Foreign Fighters | [
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] | [
"Syria",
"Iraq"
] | [] | https://api.openalex.org/works?filter=cites:W2993146746 | Table of ContentsI. Introduction 180II. Background 183A. The Rise of ISIL 183B. The Foreign Fighter Phenomenon 187C. Counterterrorism Responses 188III. The Existing International Legal Regime 189A. Universal Declaration of Human Rights 191B. 1961 Convention on the Reduction of Statelessness 193C. Other Sources of International Treaty Law 196IV. Legal Obstacles to Implementation Under International Law 198A. Proposals to Revoke the Nationality of Dual Citizens 1981. Arguments in support of these plans 1992. Arguments against these plans 2013. Conclusion and related issues 203B. Proposals to Render Individuals Stateless 2041. The Article 8 exceptions 2052. Acting against state interests 2053. Independent adjudication and due process concerns 207C. Proposals to Revoke the Nationality of Individuals Closely Associated with Suspected Foreign Fighters 207V. Policy Considerations and Related Legal Issues: Why States Should Not Implement These Plans 209A. Ignoring the Underlying Problem 210B. Legal Obligations to Apprehend and Bring Suspected Terrorists to Justice and Related Legal and Ethical Concerns 212C. Possibility of Error and Monitoring Capabilities 213D. Balancing the Factors 214VI. Conclusion 215I. INTRODUCTIONOn August 19, 2014, the terrorist group known as the Islamic State of Iraq and the Levant (ISIL, also known as ISIS, IS, and Daesh),1 which controls a wide swath of territory across Iraq and Syria, uploaded a video to YouTube.2 The video began with a clip of President Obama announcing U.S. airstrikes against ISIL in Iraq and quickly cut to a shot of a masked ISIL fighter standing next to the captured journalist James Foley.3 Mr. Foley read a prepared statement to the camera-likely written by his abductors.4 At that point, the ISIL fighter, later identified as Muhammad Emwazi but known in the media as Jihadi John, criticized the airstrikes and threatened retaliation against the U.S. The ISIL captors then beheaded Mr. Foley.5Not only did this video underscore ISIL's sheer brutality and violence, it also demonstrated another frightening reality about the group-its ability to attract foreign-born fighters to the organization's ranks. … | [
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|
https://openalex.org/W2581367132 | Out of sight, out of mind - The Allocation of Refugee Protection Responsibilities to Third Countries in European Union Asylum Policy | [
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{
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"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W2581367132 | The use of readmission agreements and safe third country rules enable the allocation of protection responsibilities from EU member states to third countries. Due to the increased displacement of individuals from Syria and Afghanistan, these legal mechanisms have been of increased importance to the European Union asylum policy during the recent year. The purpose of this thesis is to examine to what extent the practice of allocating the responsibility to protect refugees to third countries through safe third country rules and readmission agreements, as enshrined in European Union asylum policy, is compatible with the obligations of European Union member states under international law and what implications this practice has on the institution of refugee protection. This thesis thus examines the content and scope of refugee protection and the obligations of states under international law in relation to the allocation of protection responsibilities to an intermediary country. The examination is primarily focused on state obligations under the Refugee Convention, but takes into regard state obligations under the Convention against Torture, the European Convention on Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Furthermore, this thesis examines European Union readmission agreements and European Union safe third country rules as regulated on a policy level and as implemented in practice. To this end, this thesis primarily employs a legal dogmatic method. This thesis shows that the practice of allocating the responsibility to protect refugees to third countries, as enshrined in European Union asylum policy, is compatible with the practical obligations of states under international law to some extent. However, it is found that the objective behind refugee protection in international law is incompatible with the objective behind the allocation of protection responsibilities in EU asylum policy. While states are obliged under international law to offer surrogate protection to refugees, they are expected, and to some extent obliged, under EU asylum policy to manage refugees and their movements. Some divergences are also found between the practical obligations of the European Union member states in the respective legal systems, especially as regards obligations under the principle of non-refoulement. In this thesis, it is further found that the practice of allocating protection responsibilities to third countries transforms the institution of refugee protection through, inter alia, imposing obligations on states that are opposite to their obligations in relation to refugee protection under international law. The allocation practices also have the potential of enabling a return of a refugee back to her country of persecution without an examination of her asylum claim even being made, which may effectively undermine the right to seek asylum. (Less) | [] |
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https://openalex.org/W3124029483 | Freedom of Movement and Undocumented Migrants | [
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] | [
"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W3124029483 | TABLE OF CONTENTSI. INTERNATIONAL LAW AND FREEDOM OF MOVEMENT 174II. DEFINING FREEDOM OF MOVEMENT FOR THE UNDOCUMENTED 175III. FREEDOM OF MOVEMENT: THE HUMAN RIGHTS DOCTRINE 177A. The Right to Enter 177B. The Right to Safe Passage......... 180C. The Right to Move Freely Within the Host State.........182D. The Right to Remain 183IV. REIMAGINING FREEDOM OF MOVEMENT FOR UNDOCUMENTED MIGRANTS 186In our globalized world, international law increasingly facilitates freer movement of goods, services, capital, and knowledge across borders. The same cannot be said of people, for many of whom freedom of movement is still a distant goal. ' This Article asks what role international human rights law plays in enabling free movement of people, focusing on the situation of undocumented migrants. It explores three aspects of freedom of movement: The ability to move freely across borders, the ability to move freely within a country that is not one's own, and the ability to remain in such a country.The first and last rights are found nowhere in international human rights law when it comes to undocumented migrants.2 The right to enter can be found only in the aspirational and non-binding Universal Declaration of Human Rights (UDHR), which provides a right to asylum.3 Both this right and the right to remain, conferred by the United Nations Convention Relating to the Status of Refugees (the Refugee Convention) and the United Nations Convention Against Torture (CAT), require recipients to meet a set of protection criteria in order to be eligible for asylum.4 Most undocumented migrants are unable to fulfill these requirements. They are also excluded from the right to move freely within the host country. The freedom of movement provision of international human rights law, Article 12(1) of the International Covenant on Civil and Political Rights (ICCPR), applies only to individuals lawfully within a State territory-not to the undocumented.5This examination of treaty language and treaty-body-created soft law interpreting that language highlights the shortcomings of international human rights law with respect to undocumented migrants. Though human rights law claims to represent universal values and apply to all individuals by virtue of their humanity,6 undocumented migrants are left out on both counts.7 This examination of the right to freedom of movement exemplifies the ways in which the story that international human rights law tells about itself is deeply flawed.I. International Law and Freedom of MovementThe contemporary era is characterized by global movement of people-massive flows of migrants heading from economically impoverished and politically troubled States to more stable and wealthier destinations.8 The direction of these mass movements is often from the Global South to the Global North, but South-South movements are increasingly frequent.9 These migrant movements are the subject of regular media headlines, including Central American migrants amassing at the southern border of the United Syrian migrants undertaking risky boat journeys across the Mediterranean, and Rohingya migrants fleeing Myanmar in an attempt to reach Australia by sea.10But where is the law in these scenarios? International law has little to say about the movement of people across borders. If the central function of international law is cooperation, or even simply coordination, among States, international migration is a phenomenon in search of a legal regime.12 It is movement without freedom of movement; in the absence of a governing international legal framework, the vast majority of migrants, upon leaving their home are situated outside of the law. This liminal status entails substantial vulnerabilities and fertile grounds for exploitation.'*The free movement of people across borders might have been incorporated into any one of a number of international legal regimes. … | [
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"display_name": "Texas International Law Journal",
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|
https://openalex.org/W301253964 | Human Rights Types: Separatist to Engaged Religious Variations | [
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"Syria"
] | [
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] | https://api.openalex.org/works?filter=cites:W301253964 | Evelyn Kallen, in her Ethnicity and Human Rights (2003) presents a typology of human rights, which includes individual, collective, political, religious, and aboriginal rights, which will be examined, provide a macro-sense of many of the elements and principles which need be studied and considered. These issues have been dealt with in the three major Declarations of Human rights, first by the Americans, followed by the United Nations, and Canadians. These declarations will be briefly examined as well, enhance our insights into these individual, collective, political, economic, religious and aboriginal charters or rights and freedoms, see how nations of the world have set their goals for their interchange of relations. We also plan compare four different cultural groups in Canada (Aboriginals, French, British, Others) illustrate how the Kallen typology applies differently the four groups, creating a mosaic of varied factors, situations and rights, which apply these multicultural and multi-religious situations. I. TYPOLOGY OF HUMAN RIGHTS In Table 1, Evelyn Kallen (1995:10; 2003) summarizes human rights moving from micro individual rights more macro group rights, and then spells out claims of cultural, national and aboriginal rights. She helps sort some of the important categories: 1) Individual rights freedom, opportunity, and dignity; 2) Group or category rights freedom, opportunity, and dignity; 3) Collective cultural rights ethnocultural distinctiveness, design for living, language, religion, institutions, and customs; 4) Collective national rights self-determination, ancestral territory, nation; and 5) Collective Aboriginal rights land, occupancy, and use. All individuals are covered by the first, religious groups by the second, ethnic groups by the third, Quebecois by the fourth and aboriginals by the fifth. Individual rights can be violated by neglect, diminution, oppression, and homicide. Group rights can be violated by inequality, defamation, oppression and genocide, shown by the Jewish Holocaust, and the atrocities in Rwanda, Bosnia-Herzegovina, and now Syria. Deculturation, discrimination, and cultural genocide can be inflicted by those who are dominant, illustrated by European treatment of Canada's aboriginals (Kallen, 1995:10). Collective rights could be violated, if Quebecers decided separate and the rest of Canada denied them nationhood status. Aboriginal rights can be violated when land settlements have not been made, as they have not in half of Canada. We shall examine some of these collective violations of human rights. Beginning with Individual rights, we note that our capitalist economic system, where all need be involved eat, is highly motivated by individual enterprise, considered a sacred right of every person compete, training for a good education compete for jobs. Competition is important, where laws guide individuals, so that conflicts can be held in check, as we strive achieve our goals. The profit motive is central, where expenses are cut, advantages are enhanced make money, leaving the largest margin as accumulations of profits. Capital gains are important enhance income over experiences, as we compete with others make profits. Kallen calls this a right to life, which includes the freedom self-determination, where all have as much equal opportunity as possible, and the profits show that we worked hard, followed the rules and laws, and were among the best who succeeded. It should not be surprising that in this process some over-step the order so that neglect including diminution and oppression of others, and occasional homicides occur. It is a tough system where power is abused by many (Kymlicka and Norman, 2000; Driedger and Halli, 2000). In the process of economic right we of course become part of many groups where we seek more right which illustrates Kallen's second category of fundamental right life. … | [
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https://openalex.org/W2490499486 | Human Rights Protection: A Panacea for the Use and Involvement of Women in Terrorism | [
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] | [] | https://api.openalex.org/works?filter=cites:W2490499486 | A large number of people tend to distinguish terrorism from other violent crimes; as some form of holy war or Jihad, however, it is strongly opined that this sheer wicked and brutal crime against humanity can only be categorised as murder – cold blooded, unjustifiable murder. One inherent attribute about humans is that people seek to justify their actions and inactions by backing it with some sort of rationale; those who go to the extreme hide under divine deities to perpetrate things concocted in their twisted minds to suit their own selfish interests and aspirations. It is only most unfortunate that these heartless criminals have successfully over the years hidden behind religion to perpetrate unholy and inhuman deprivation of life which has now come to be referred to as terrorism. The history of terrorism is as old as humans’ willingness to use violence to affect politics. This dates as far back as the 11th to 13th century. The Sicarii were a first century Jewish group who murdered enemies and collaborators in their campaign to oust their Roman rulers from Judea. The Hashhashin whose name gave us the English word ‘assassins’ were a secretive Islamic sect active in Iran and Syria at about that time. Zealots and Assassins were not, however, really terrorists in the modern sense. Terrorism is best thought of as a modern phenomenon. Its characteristics flow from the International system of nation-states, and its success depends on the existence of a mass media to create an aura of terror among many people. The attacks on the World Trade Centre and the Pentagon on September 11, 2001 caused a resurgence of interest in terrorism studies in the United States and throughout the world. Although scholars have examined many factors related to terrorism, including nationalism and globalisation, the influence of gender on terrorism has received comparatively less attention. Alan Bairner (2001:21, 26) argues that such studies have endeavoured relatively successfully to neglect the issue of gender, but adds that they cannot be fully understood without reference to gender. In discussing gender and terrorism in recent times, Nigeria has experienced a high number of female suicide bombings in the past couple of months. Female suicide bombing have developed into a worrying trend and a destabilising factor in north-eastern Nigeria. This is an anomaly that cannot be ignored. Jama’at Ahl Sunnahlid – dawa wal-Jihad (JAS) known widely as Boko Haram has employed suicide bombers as a terrorist tactic in the insurgency against the Nigerian government since 2011. By the middle of 2014 however, reports began to emerge of an alarming new dimension; the use of women and girls in suicide missions. The first reported case of a female suicide bomber occurred on June 8, 2014 when a woman detonated a bomb near an army barracks in Gombe State of Nigeria. Despite the fact that this aspect of Women’s rights where women and young girls are being wired up as suicide bombers is quite novel and has inadequate literature, this paper does intend to lend a voice to this cause by considering the use and involvement of women and girls in violent crimes; using terrorism as a case study. Factors contributing to the involvement of women in violent crimes will be also be looked into. Another point which will arise for discussion is the rationale for the protection of the rights of women as a group. Since the women involved are predominantly from the north, the rights of women as guaranteed under the Islamic and Sharia law will also be looked at. Finally, the paper concludes and makes recommendations on how this scourge can be controlled and curbed. This paper is not just another feminist ranting; it is rather a call to action and further research into this evil that has suddenly become prevalent in our immediate environment. | [
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https://openalex.org/W2908799074 | Claiming Human Rights: Iranian Political Prisoners and the Making of a Transnational Movement, 1963–1979 | [
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https://openalex.org/W2094725691 | Islamic Rights or Human Rights: An Iranian Dilemma | [
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] | https://api.openalex.org/works?filter=cites:W2094725691 | Human rights issues loom large in the contemporary history of Iran. Under the reign of the late shah, Iranians were deprived of basic rights and freedoms and suffered from pervasive violations of human rights, many at the hands of the regime's notorious security forces. Ironically, in official representations to the international community, the shah's government posed as a champion of human rights. In the 1960s and 1970s Iranians took a leadership role at the United Nations in promoting international human rights law, and Tehran was selected as the venue for the important 1968 UN International Conference on Human Rights. Under the shah Iran ratified the International Covenant on Civil and Political Rights (ICCPR), which the United States failed to ratify until 1992 (and then only conditionally). Individual Iranians also contributed to the development of human rights principles. | [
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https://openalex.org/W2791153984 | Human rights, the UN and the Bahá'ís in Iran | [
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"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W2791153984 | This book provides the first comprehensive assessment of the contribution of the United Nations to the human rights situation of the Baha'is in Iran. It does this by examining the theoretical, legal, institutional and political dimensions of this issue in detail. The situation of the Baha'i community in Iran between 1979 and 2002 provides a particularly good test case for the international community due to its clarity. By giving attention to a singular case within a discrete time frame, this book is able to effectively examine the impact of UN human rights protection. Attention is given in this study to the clash between religion and human rights, the protection of freedom of religion or belief in international law, the workings of UN human rights charter-based and treaty bodies and their various mechanisms, and recommendations for the resolution of the Baha'i human rights situation in Iran. | [] |
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https://openalex.org/W2502805395 | Decoding International Law | [
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] | [] | https://api.openalex.org/works?filter=cites:W2502805395 | Abstract Violations of international law and human rights laws are the plague of the 20th and 21st centuries. People's inhumanity to people escalates as wars proliferate and respect for human rights and the laws of war diminish. Decoding International Law: Semiotics and the Humanities analyzes international law as represented artfully in the humanities. Mass violence and flagrant violations of human rights have a dramatic effect that naturally appeals to writers, film makers, artists, philosophers, historians, and legal scholars who represent these horrors indirectly through various media and in coded language. This reader-friendly book enables us to comprehend and decode international law and human rights laws by interpreting meanings concealed in great works of art, literature, film and the humanities. Here, the author adopts an interdisciplinary method of interpretation based on the science of signs, linguistics, stylistics, and an in-depth analysis of the work's cultural context. This book unravels the complexities of such controversial issues as terrorism, civil disobedience, women's and children's human rights, and the piracy of intellectual property. It provides in-depth analyses of diverse literary works: Joseph Conrad's The Secret Agent and the movie Hotel Rwanda (both representing terrorism); Martin Luther King's Letter from Birmingham Jail; two documentary films about women and family law in Iran, Divorce Iranian Style and Two Women; Lisa See's Snow Flower and the Secret Fan (women's human rights and human trafficking in China); Uzodinma Iweala's Beasts of No Nation (shedding light on child soldiering and trafficking in Africa), and much more. | [] |
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https://openalex.org/W1762056569 | Religious Legal Traditions, International Human Rights Law and Muslim States | [
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] | [] | https://api.openalex.org/works?filter=cites:W1762056569 | This book offers an exploration of aspects of the subject, Islam and Human Rights, which is the focus of considerable scholarship in recent years predominantly from Western scholars. Thus it is interesting and important to have the field addressed from a non -Western perspective and by an Iranian scholar. The study draws on Persian language literature that addresses both theological and legal dimensions of the theme. The work is also distinctive in that it tackles three areas that have been largely ignored in the literature. It undertakes a comparative study of the laws of several Muslim States with respect to religious freedom, minorities and the rights of the child. The study offers an optimistic vision of the fundamental compatibility of Islam and international human rights standards. | [] |
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https://openalex.org/W1597388263 | The Politics of Rights: Dilemmas for Feminist Praxis | [
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] | [] | https://api.openalex.org/works?filter=cites:W1597388263 | The Politics of Rights - Dilemmas for Feminist Praxis: An Introduction. Ruling out Gender Equality? The Post-Cold War Rule of Law Agenda in Sub-Saharan Africa. Constitutional Engineering: What Opportunities for the Enhancement of Gender Rights? Islamic Politics, Human Rights and Women's Claims for Equality in Iran. Legacies of Common Law: 'Crimes of Honour' in India and Pakistan. Hindu Women's Property Rights in India: A Critical Appraisal. Accessing Economic and Social Rights under Neoliberalism: Gender and Rights in Chile. From the Girl Child to Girls' Rights. Revisiting Equality as a Right: The Minimum Age of Marriage Clause in the Nigerian Child Right Act, 2003. Rights and Realities: Limits to Women's Rights and Citizenship after 10 Years of Democracy in South Africa. Is the Rights Focus the Right Focus? Nicaraguan Responses to the Rights Agenda | [] |
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] | [] | https://api.openalex.org/works?filter=cites:W639760358 | Chapter 1 Human Rights as Being-Marginal in the World Chapter 2 Islam, Iran, and the Dialogue of Civilizations Chapter 3 Racism, Sexism, Universalism(s) Chapter 4 Of Despots and Banks: A Human Rights Response to Africa's Debt Crisis Chapter 5 Socio-Economic Rights, Radical Democracy and Power: South Africa as a Case Study Chapter 6 New Formulas, Old Sins: Human Rights Abuses Against Migrant Workers, Asylum Seekers, and Refugees in the Americas Chapter 7 At the Border of Rights: Migration, Sex-Work, and Trafficking Chapter 8 The Right to Madness: From Personal to Political - Psychiatry and Human Rights Chapter 9 Em-bodying Shadows: Tracing the Contours of Women's Rights to Health Chapter 10 Human Rights and Sacred Cows: Framing Violence, Disappearing Struggles | [] |
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https://openalex.org/W1981472072 | Tehran 1968 and Reform of the UN Human Rights System | [
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https://openalex.org/W2154627679 | REZA AFSHARI, Human Rights in Iran: The Abuse of Cultural Relativism (Philadelphia: University of Pennsylvania Press, 2001). Pp. 382. $49.95 cloth. | [
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"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W2154627679 | Using a vast array of government documents, newspapers, journals, memoirs of political prisoners, and reports issued by the Special Representative appointed by the United Nations Commission on Human Rights (UNCHR), Reza Afshari provides a rich, sensitive, and very sympathetic presentation of the experiences and voices of victims of human-rights violations in Iran. This timely book is organized into eighteen chapters and is, to a large extent, the story of two decades of interaction between the UNCHR and Iranian officials. It discusses reports issued by the Special Representative of the UNCHR on the conditions of human rights in Iran and documents their violations in 1979–2000. In addition to gender discriminations and threats to the liberty and life of secular intellectuals, each of the following rights is discussed in a separate chapter: the right to life; freedom from torture and cruel punishment; liberty and security of person and freedom from arbitrary arrest and detention; a fair trial; freedom of conscience, thought, and religion; freedom of opinion, expression, and the press; participation in the state's political affairs; and the rights of women to equal opportunities in public life. | [
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] | [] | https://api.openalex.org/works?filter=cites:W2904098312 | This comment explores how legal authorities understand religious identity and sets these understandings in a wider context. The comment questions whether the interpretation of the claimant’s conversion to Christianity by the European Court of Human Rights (ECtHR) and the Swiss Asylum authorities might not be too restricted to a particular Western European form of Christianity. The European Convention on Human Rights gives to the contracting States a certain margin of appreciation in assessing the risk of ill treatment undergone by a convert. In this case in its application of the Convention the ECtHR accepted the ruling of the Swiss authorities. A claimant from Iran came to Switzerland and underwent two sets of asylum proceedings. On his first application for asylum in 2009, the applicant stated that he entered Switzerland illegally after multiple events happened that would have allegedly led him to detention and ill-treatment had he remained in Iran. The Swiss Asylum authorities rejected his first application based on contradictions regarding his insufficiently substantiated allegations, which seemed to lack credibility. On his second application for asylum in 2013, the applicant stated that he entered Switzerland legally based on a visa to visit his sister who lived there. He also related his conversion from Islam to Christianity on 25 August 2013 and argued that in case of return, he would expose himself to a real risk of being killed for apostasy or ill-treated on account of his conversion. The Swiss Asylum authorities and the Federal Administrative Court both dismissed his application. After these two rejections based on asylum proceedings, the claimant asked for temporary admission under section 83 of the Aliens Act of 16 December 2005, particularly based on his conversion and his active membership of a Christian community. The Swiss authorities rejected his application once again, as did the Federal Administrative Court, which ordered his deportation back to Iran. The question raised by the claimant before the ECtHR was whether his deportation to Iran would be in breach of Articles 2 (the right to life) and 3 (the right to freedom from inhuman and degrading treatment) of the European Convention on Human Rights owing to his conversion from Islam to Christianity. | [
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https://openalex.org/W1927471083 | Euthanasia and "right to-self" a challenge in the nature of human rights | [
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] | [] | https://api.openalex.org/works?filter=cites:W1927471083 | In the international documents voluntary euthanasia refers to the to and the to The question is whether or not these rights can be rejected by the right holder himself/herself? It needs an argue in the nature of human rights. There is no international permission on Voluntary Euthanasia. However, one may ask a question Is the right to life against the right to death? Also when states must protect fundamental human rights, we can't easily accept human's right to die by himself. The European Court of Human Rights respects the idea that the mentioned prohibitions on right to life in the second article of the European Convention of Human Rights actually exist in relations between mankind, but the question which still remains unanswered is whether the right holder can nullify his right?! Because of the positive obligation of states on human rights, they can't rely on rights nullifying. In fact the rules of human rights are imperative. For example, the article 959 of Iranian Civil Code, says no one can take out his civil rights. Also suicide is extensively prohibited in Islam and another religions. According to the imperative nature of human rights and logical idea of cure and the necessity of considering human abilities, we can say that has been banned. Therefore, there is no legal or real meaning of right to-self as the third generation of human rights; especially in situations which using and enjoying fundamental rights depend on right to life. But the new question is what the relation between human rights (right to life) and freedom of action is. | [
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https://openalex.org/W4244913230 | Seeing Human Rights | [
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"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W4244913230 | As video becomes an important tool to expose injustice, an examination of how human rights organizations are seeking to professionalize video activism. Visual imagery is at the heart of humanitarian and human rights activism, and video has become a key tool in these efforts. The Saffron Revolution in Myanmar, the Green Movement in Iran, and Black Lives Matter in the United States have all used video to expose injustice. In Seeing Human Rights, Sandra Ristovska examines how human rights organizations are seeking to professionalize video activism through video production, verification standards, and training. The result, she argues, is a proxy profession that uses human rights videos to tap into journalism, the law, and political advocacy. Ristovska explains that this proxy profession retains some tactical flexibility in its use of video while giving up on the more radical potential and imaginative scope of video activism as a cultural practice. Drawing on detailed analysis of legal cases and videos as well as extensive interviews with staff members of such organizations as Amnesty International, Human Rights Watch, WITNESS, the International Criminal Tribunal for the former Yugoslavia (ICTY), and the International Criminal Court (ICC), Ristovska considers the unique affordances of video and examines the unfolding relationships among journalists, human rights organizations, activists, and citizens in global crisis reporting. She offers a case study of the visual turn in the law; describes advocacy and marketing strategies; and argues that the transformation of video activism into a proxy profession privileges institutional and legal spaces over broader constituencies for public good. The open access edition of this book was made possible by generous funding from Arcadia – a charitable fund of Lisbet Rausing and Peter Baldwin. | [
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https://openalex.org/W2911276679 | Normative Consensus and Contentious Practice: Challenges to Universalism in International Human Rights Courts | [
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"https://openalex.org/W2058011114",
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] | https://api.openalex.org/works?filter=cites:W2911276679 | Normative Consensus and Contentious Practice: Challenges to Universalism in International Human Rights Courts Courtney Hillebrecht (bio) I. INTRODUCTION In 2015 the Russian Constitutional Court announced that it would review all of the European Court of Human Rights (ECHR) rulings against Russia for their constitutionality.1 This decision, which both the Duma and the Kremlin supported, underscored a fundamental disagreement between Russia and the ECHR about both the substance of human rights norms and the ways in which disagreements about human rights can and should be resolved. Russia has been a member of the Council of Europe since 1996 and agreed to accept the compulsory jurisdiction of the ECHR in 1998. Russian citizens regularly seek recourse at the ECHR and Russia even complies with many of the Court’s demands to pay financial reparations to victims. And yet, Russia’s prolonged tensions with the ECHR are textbook examples of the [End Page 190] persistent, unresolved disputes at the center of the promotion and adjudication of universal human rights. Russia’s relationship with the ECHR suggests that underneath the façade of the institutionalization and judicialization of human rights remain fundamental divides about which rights “count,” and if and how those divides should be bridged. Simply engineering a different court or judicial process cannot ameliorate Russia’s contentious relationship with the ECHR. Instead, as we can learn from Reza Afshari’s long history of grappling with these inconsistencies in the international human rights regime, the problem runs much deeper than institutional design; they cannot be easily resolved. In his 2007 Human Rights Quarterly article titled “On Historiography of Human Rights,” Afshari begins with an observation about a related fundamental inconsistency in the historiography of the international human rights regime. He writes: One of the main issues that the current historiography has to grapple with is the apparent disparity between the often-celebrated normative global achievements in codifying human rights values among the UN member states and the often-lamented failures to enforce them. . . . I argue that the link should not be seen as mechanical or procedural. Weaknesses so obviously apparent in the enforcement process signify the lack of vigor in the normative consensus; the vim and vigor by which the face was adorned by high-flying colors might in fact have masked a frail body.2 This pattern of inconsistency is visible across a wide range of issue areas, from women’s rights to economic justice, and in diverse political contexts, from Iran to the United States. Examining the disjuncture between “often-celebrated” international human rights judicial instruments and their “often-lamented” enforcement and cooperation failures can give scholars and practitioners alike a clear view of the tensions that Afshari describes. II. UNVEILING THE DIVISIONS IN THE INTERNATIONAL HUMAN RIGHTS JUSTICE REGIME As Afshari reminds us, high levels of state membership and participation in international human rights and criminal tribunals sometimes mask deep divisions among their members over both the meaning of human rights and their understanding of how human rights disputes should be resolved. This is, in essence, illustrative of variations in states’ levels of commitment to [End Page 191] international human rights institutions, as well as the basic norms under-girding them. As part of an in-progress book project, I examine four extreme manifestations of these variations in states’ normative and political commitments to international human rights tribunals: 1) member states’ withdrawing, or threatening to withdraw, from the courts; 2) member states and political elites’ undermining and usurping legal cases; 3) stakeholders’ imposing financial restrictions on the tribunals; and 4) both members and non-members’ creating alternatives to the tribunals. In each of these circumstances, while contenders are calling into question the form and function of the tribunals, they are also casting doubt on the underlying norms themselves. For example, Venezuela’s withdrawal from the Inter-American Court of Human Rights in 2012 and the Organization of American States in 2017 cannot simply be dismissed as the consequences of a state’s displeasure with the international human rights system.3 Instead, it calls into question the principles of universality, compulsory jurisdiction, and the ability of international human rights laws and norms to protect individuals’ rights when the going gets... | [
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https://openalex.org/W2523539371 | Principles Corroborated by Practice? The Use of Country of Origin Information by the European Court of Human Rights in the Assessment of a Real Risk of a Violation of the Prohibition of Torture, Inhuman and Degrading Treatment | [
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"Iran",
"Somalia"
] | [] | https://api.openalex.org/works?filter=cites:W2523539371 | This article studies the European Court of Human Rights (ECtHR) approach to country of origin information in its case law under Article 3 of the European Convention of Human Rights. It will first examine the standard set by the ECtHR on the use of country of origin information, followed by an assessment of the application of these principles by the ECtHR in its case law. The article specifically focusses on the use of country of origin information in expulsion cases of applicants from Somalia, Tamils applicants from Sri Lanka and applicants from Iran. The analysis of the ECtHR’s case law in this article will show that the ECtHR does not apply its own standards in a transparent and consistent manner. This raises questions as to the quality of the ECtHR’s assessment of the risk of a violation of Article 3. | [
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https://openalex.org/W76928820 | Assessing GLBTI Refugee Claims: Using Human Rights Law to Shift the Narrative of Persecution within Refugee Law | [
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"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W76928820 | The decision of the UK Supreme Court in HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department was a landmark decision in its rejection of the principle that gay, lesbian, bisexual, transgender or intersex (‘GLBTI’) refugee applicants had to take reasonable measures to conceal their identity. This paper seeks to critically assess the way in which the Court engaged with human rights principles when reaching its decision. In doing so, it offers some critical insights about the relationship between international human rights law and international refugee law in the context of GLBTI claims forrefugee status. It suggests that distinctive interpretative communities exist within refugee law and human rights law, each of which has developed autonomous meanings for terms that may be used within each regime. This has created some confusion and misunderstanding with respect to the use of norms such as privacy, non-discrimination and inhumane treatment to inform discussions about the basis of persecution and the nexus requirement under the Refugee Convention when considering claims by GLBTI refugee applicants. This paper seeks to address these misunderstandings and offer a way to move the debate forward between the human rights and refugee law interpretative communities. | [] |
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https://openalex.org/W3021157928 | Women's Rights, Human Rights: International Feminist Perspectives. | [
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] | [] | https://api.openalex.org/works?filter=cites:W3021157928 | Women's Rights, Human Rights: International Feminist PerspectivesJulie Peters and Andrea Wolper, eds. London/New York: Routledge, 1995; 372 pp.Reviewed by Helle - Mai Lenk Department of Adult Education Ontario Institute for Studies in Education Toronto, OntarioWomen's Rights, Human Rights is most recent and arguably most wide - ranging addition to growing body of literature on global movement for women's human rights.(f.1) interest has been most remarkable in last three years since 1993 UN World Conference on Human Rights in Vienna brought to international attention gender - based violations of human rights. In introduction to this anthology, Julie Peters and Andrea Wolper state purpose of their collection as twofold: to map directions movement for women's human rights is taking and to address ramifications of critical events and issues. Among latter, they single out rapes in former Yugoslavia and pressure for war crimes tribunal; trafficking of women and girls; female genital mutilation; and reproductive rights and coercive methods of population control.The 32 contributions by activists, journalists, lawyers and scholars from 21 countries (albeit for most part U.S. - educated or - based) have been organized under seven headings: Backgrounds, Regional Reports, Gendered Law, 'Public' and 'Private', Cultural Difference, Violence and Health, Development and Socio - Economy, and The Persecuted, Voiceless. However, in reading through essays, one finds that these categorizations necessarily overlap and certain common themes emerge, particularly those that pertain to situation of women in parts of world other than North America or Western Europe.The three essays in section entitled Cultural Difference address what editors identify as most critical issue facing human rights advocates: Does right to preserve and religious practices take precedence over human rights norms? (p. 5). role played by custom and in hindering advancement of women's rights is theme, however, that is broached by most contributors and permeates not only this volume but, I would argue, all aspects of movement for international women's human rights, movement which to certain extent owes its very existence to identification of West/non - West binary. In The Politics of Gender and Culture in International Human Rights Discourse, Arati Rao seems well aware of this fact. In what seems direct criticism of editors' introductory comments, she cautions against tendency to set up a false oppositional dichotomy in which geopolitical borders are erased and multitude of cultures are collapsed into falsely unified packages, one bearing stamp of human rights and other lacking it (p. 168). While not denying that defences of and religion have resulted in some of most egregious violations of women's rights, Rao points out that culture is series of constantly contested and negotiated social practices whose meanings are influenced by power and status of their interpreters and participants (p. 173).Ann E. Mayer might have benefitted from reading Rao's essay before embarking on her reflections on women's rights and what she terms the Eastern experience. Her article is replete with references to Middle Eastern Muslim women, Middle Eastern governments and Middle Eastern law as if national boundaries let alone racial and class divisions do not exist. When specific country is cited, as in case of Iran, author limits her references to books published in immediate post - revolutionary period of early 1980s.(f.2) While Mayer castigates those who in adopting cultural relativist position promote monolithic, static image of Eastern countries, she herself does little to dispel that notion.Finally, Maria Suarez Toro downplays importance of advances in women's rights made at international level maintaining that in Central America they have had little impact on women's everyday lives. … | [
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https://openalex.org/W319467937 | Human Rights in Iran: The Abuse of Cultural Relativism | [
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"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W319467937 | Human Rights in Iran: The Abuse of Cultural Relativism, by Reza Afshari. Philadelphia, PA: University of Pennsylvania Press, 2001. xxi + 302 pages. Notes to p. 343. Sel. bibl. to p. 352. Index to p. 359. Acknowledgments. $49.95. Reviewed by A. William Samii In November 2001, the Social, Humanitarian, and Cultural Committee of the United Nations (UN) General Assembly voted in favor of resolution calling on the Iranian government to abide by its international human rights obligations.' Tehran's Foreign Ministry spokesman dismissed the committee's resolution, saying it contained repetitive, baseless, and false allegations.2 The spokesman added: Certain countries are making every endeavor to impose single culture hegemony and biased interpretation of human rights which is unacceptable and contrary to international norms. Two months earlier, the UN's Special Representative on Iran described a significant degree of paralysis in the implementing of critically needed human rights improvements.3 In rejecting similar report six months earlier, the Iranian Foreign Ministry spokesman said it was part of an attempt to impose mono-cultural system.114 Reza Afshari's Human Rights in Iran: The Abuse of Cultural Relativism points out that such statements by Tehran are hardly recent development. By 1980, just one year after the Islamic Revolution, international human rights organizations were expressing concern about Iran, and Iranian diplomats were issuing flat denials (p. 147). In 1984 Iran became one of the few countries to be investigated by UN country rapporteur - the Special Representative - and since 1996 he has not been allowed to visit the country. Chapter 17 of Human Rights in Iran examines the UN's Mixed Results. At the same time that Tehran denies access to the UN Special Representative, it permits other UN officials to visit the country. Iranian diplomats reject UN human rights reports about Iran, but cite adverse reports about human rights in the United States. Iranian diplomats, furthermore, strike deals with their foreign counterparts to gain votes in UN meetings. Many observers would see this as manipulation of the system. But the fact that these officials become aware of international human rights standards could be, in the long run, positive. Moreover, the Iranian government itself established human rights organizations in the 1990s, although they were mostly smoke-and-mirrors (p. 279). Afshari rejects arguments that human rights are not universal and are an attempt to impose Western cultural values at the expense of local cultural tradition (p. … | [
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https://openalex.org/W4250929246 | A dismal year for human rights abuses | [
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"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W4250929246 | The global community still has much work to do in the field of human rights. Such rights stretch from: the right to life and the rights to health, water, and food; to prohibition against torture and inhumane or degrading treatment or punishment; and to crimes against humanity. All these factors are of concern to health professionals, who have to deal with the consequences. One of the most disturbing thoughts is doctors' involvement in torture, as discussed in The Lancet today in a Viewpoint. Steven Miles and Alfred Freedman say that a third to a half of torture survivors report doctors overseeing the torture. They call for a revision of the Declaration of Tokyo, which condemns medical participation in torture and cruel, inhumane, or degrading treatment. They would like to see the Declaration define torture in line with international law, suggest ways to hold doctors who are complicit in torture professionally and criminally accountable, and be made more understandable and readable. On Jan 14, Human Rights Watch (HRW) released its 19th annual review, World Report 2009. The UN's Universal Declaration of Human Rights was 60 years old in December, and the latest HRW report does not inspire confidence that much has improved. The report details human rights abuses by state and armed non-state groups, including attacks on civilians, political repression, violations by governments in the fight against terrorism, and abuses on the basis of gender and sexual orientation and against children and refugees. Kenneth Roth, Executive Director of HRW, outlines the role of “spoiler” governments, those that actively work against human rights. Such governments have ended UN scrutiny of repression in Uzbekistan, Iran, and the Democratic Republic of the Congo, forestalled criticism of the Burmese military and possible prosecution of Sudanese President Omar al-Bashir, and undermined the new UN Human Rights Council. Roth calls for the new US Administration to put human rights at the top of its domestic and foreign policy. A Jan 13 report, Health in Ruins, by Physicians for Human Rights (PHR) details their December fact-finding visit to Zimbabwe, and it is a chilling read. Zimbabwe is a ruined country. Once a beacon state in Africa, including in health care and education, the country is now in mayhem. A July, 2008, inflation rate of 231 million percent and the “dollarisation” of the economy (with a worthless local currency, US dollars and the rand are the semi-official currency for the lucky few who have any) mean that health care has ground almost to a standstill, except privately and in a few mission hospitals. For the cholera epidemic in Zimbabwe (just over 2000 deaths so far), PHR found a death rate of 5%, well above the usual 1% if treatment had been available. But the report also details other health-care crises, including anthrax and tuberculosis, and lack of availability of antiretroviral drugs for HIV. The maternal mortality ratio increased between 1994 and 2005 from 283 to 1100, both per 100 000, and the infant mortality rate rose between 1990 and 2006 from 53 to 68, both per 1000 livebirths. Life expectancy fell from 62 years in 1990 to 36 years in 2006. The PHR team met patients who cannot afford to travel to private health-care facilities, let alone pay for treatment: US$200 for a consultation and $3000 for a caesarean section. One doctor reported earning $0·32 a month. A staff nurse did not bother to collect his salary as the bus fare to do so was more than the salary. The public-health system has collapsed, and Zimbabwe's only teaching hospital and medical school is shut. All that is against a background of systematic murders, beatings, and torture of opposition-party supporters. It is no surprise that PHR calls for the International Criminal Court to investigate the health crisis in Zimbabwe as a crime against humanity. This is not a glib call. The report's preface is signed by, no less, Richard Goldstone (former UN Chief Prosecutor at the International Criminal Tribunals for Yugoslavia and Rwanda), Mary Robinson (former UN High Commissioner for Human Rights), and Archbishop Desmond Tutu of South Africa. So, a gloomy start to the year for human rights. It is almost unbelievable that some doctors participate in torture, in violation of medical ethical, let alone society's, moral codes. Abuses of human rights remain widespread, by governments of every hue. And the situation in Zimbabwe highlights how breakdown in a country has destroyed health-care provision there. Health professionals worldwide need to remain vigilant to help to prevent human rights abuses and refuse to participate in such abuses. A year from now, will we be writing any differently? Medical ethics and torture: revising the Declaration of TokyoBecause of the duty to promote and protect prisoners' wellbeing, physicians who work in prisons should monitor human rights during their medical work.1,2 They can discern signs of abuse even when they have not witnessed the abuse. Also, they can see prisoners who have been concealed from customary monitors, such as delegates of the International Committee of the Red Cross. Furthermore, they belong to national and international communities that include advocates for humane prison health care and for stopping torture. Full-Text PDF | [
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https://openalex.org/W866705714 | Human rights legislation in Egypt and Iran: A comparative historical analysis | [
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"Iran",
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] | https://api.openalex.org/works?filter=cites:W866705714 | Egypt and Iran are representative of the Middle Eastern countries that have sought to develop human rights legislation for their citizens based on both the standards of international law and the values inherent in Islambased culture. This thesis compares and contrasts the course of human rights legislation in Egypt, a secular state rooted in Islamic culture, and Iran, a Muslim theocracy, since the establishment of the current regimes in each country (1952 and 1979 respectively). The thesis explores the history of Egyptian and Iranian human rights laws in the areas of women’s rights, the right to freedom of religion, and the right to freedom of speech and expression. It examines the similarities and differences present in such laws in both states. The thesis also includes an analysis of the various ways in which both countries’ governments have utilized Islam to justify these laws, such as their interpretations of the Qu’ran. Additionally, evidence is presented that suggests that both Egyptian and Iranian leaders have attempted to restrict human rights in order to preserve the Islamic foundations of the countries’ political systems. The thesis closes with a look at the most recent human rights developments in Egypt and Iran through 2003. Degree Type Open Access Senior Honors Thesis Department History and Philosophy First Advisor Dr. Janice Terry Second Advisor Dr. Ronald Delph | [] |
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https://openalex.org/W4212850493 | Human Rights, the UN and the Bahá'ís in Iran | [
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"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W4212850493 | This book provides the first comprehensive assessment of the contribution of the United Nations to the human rights situation of the Bahá’ís in Iran. It does this by examining the theoretical, legal, institutional and political dimensions of this issue in detail. The situation of the Bahá’í community in Iran between 1979 and 2002 provides a particularly good test case for the international community due to its clarity. By giving attention to a singular case within a discrete time frame, this book is able to effectively examine the impact of UN human rights protection. Attention is given in this study to the clash between religion and human rights, the protection of freedom of religion or belief in international law, the workings of UN human rights charter-based and treaty bodies and their various mechanisms, and recommendations for the resolution of the Bahá’í human rights situation in Iran. | [] |
|
https://openalex.org/W67006781 | International Mavericks: A Comparative Analysis of Selected Human Rights and Foreign Policy Issues in Iran and the United States | [
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"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W67006781 | INTRODUCTION The question Why do nations obey international law?1 suggests a follow-up query: Why do nations refuse to obey international law? Starting down that path, a student of American law interested in international human rights might well ask: Why does the United States, with an entire bureaucracy devoted to measuring other nations' protection of their citizens' human rights, not sign and ratify all international human rights treaties and join in the U.N.-sponsored multilateral efforts to enhance the protection of human rights around the world? Stated more generally, the inquiry might be Why do states resist international human rights law? This study considers whether a comparison of two nations, the United States and Iran, that have resisted signing most international human rights treaties reveals common characteristics illuminating the general question here, or, failing that, whether such a comparison sheds useful light on the resistance of either nation studied. Professor George M. Fredrickson, an historian who has published extensively on the subject of slavery and race relations in the United States and South Africa, describes methods of comparative historical analysis and refers to a study of two countries as a crossnational or bilateral comparison. Fredrickson notes the increasing use of `comparative perspective' as a tool of analysis, by which an author employs general knowledge of an external example or examples of a phenomenon to determine what is characteristic or distinctive about the manifestation of that phenomenon within a single society.2. This article may be characterized, using Fredrickson's terminology, as a study-from a comparative perspective-of factors underlying the United States' resistance to international human rights treaties using a cross-national comparison of Iran and the United States. Comparative analysis here is applied on two levels. In addition to comparing Iran and the United States with each other, each nation is also compared to a group of its allies or neighbors to demonstrate the degree to which both nations stand apart from the international community and are unique within their own cultural or geographic neighborhoods. This maverick quality provides the historic strength, or arrogance, required for an ambitious nation to decline enthusiastic participation in the widely acclaimed, if not scrupulously observed, multilateral human rights regime in either truth or appearance. Intending to provide as much information on Iran as about the United States, there is no avoiding the conclusion that an American's analysis of Iran, broadly based entirely on English-language sources of the subject must be taken as less than authoritative.3 This study is organized, first, to quantify and describe how the United States and Iran have officially dealt with the principal international human rights treaties promulgated over the last several decades. The second and third sections place each nation in its historic and cultural context and briefly examine some of the important differences between the subjects and their neighbors and allies. Iran and the United States are directly compared to each other in the fourth section, discussing selected aspects of the foreign policies of the nineteenth and twentieth centuries, and in the fifth section, reviewing domestic policies. The aspects, issues, and policies examined in these two sections were selected for their relevance to human rights treaties, as well as for their amenability to comparison. No attempt is made to evaluate the relative significance of the many issues and policies not selected. The sixth section highlights the similarities of the fundamentalist aspect of religion that has had a significant impact on domestic and foreign policy in both Iran and the United States over the last few decades. Finally, the concluding section offers some judgments as to the complex of factors operating in each country that block official acceptance of most international human rights treaties. … | [
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|
https://openalex.org/W2298669444 | Reflection about the Situation of Children from Marriage of Foreign Men and Iranian Women with regard to 1989 Convention on the Rights of Child | [
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"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W2298669444 | The convention on the right of child 1989 emphasizes in identity and nationality right of children and Iranian government with adhesion to this convention has also recognized this right. In the past years the marriage of many foreign nationals with Iranian women faced our community with the phenomenon of orphans and without certificates of birth and identity papers persons. These children in legal view are nationals of their father’s country, but they live in Iran as the real stateless persons. To solve this problem, the legislature adopted an act in 1385 entitled “the law to determine the nationality of children from marriage of married Iranian women with foreign men”.
To solve this problem, different solutions can be provided. But it seems that the principal solution depends on legislature to crest some changing in civil law and preserve the nationality of Iranian women in case of marriage with foreign nationals. This solution is compatible with principles 41 and 42 of the Constitution. The recent research with regard to convention on the right of child aims to examine the identity right and the legal status of these children and propose certain solution to prevent this phenomenon | [
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https://openalex.org/W2883428366 | Iranian Lawyers for Human Rights: The Defenders of Human Rights Center | [
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"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W2883428366 | Lawyers play a vital role in upholding human rights, yet their success depends on the level of democracy and the structure of power in each state. In non-democratic states, human rights law is often considered to be a political issue and is consequently portrayed as a security threat. This chapter examines the role of the Defenders of Human Rights Center (DHRC), the only Iranian organisation to provide pro-bono services to protect citizens’ rights and seek rights-based law reform. By examining the work of DHRC, this chapter explores the objectives, strategies and challenges faced by lawyers seeking to improve the human rights situation in Iran. In giving an account of the stages of a legal case taken on by the author as a member of DHRC, this chapter demonstrates the complexity of manoeuvring the judicial system in order to safeguard human rights and establish just rule of law in Iran. The members of DHRC conducted their services under the assumption that human rights were apolitical. Yet the closure of the organisation in 2008 by the government proved that human rights and the activities of civil society continue to be considered a threat by the Iranian government. By politicising human rights, the Iranian government was able to successfully block progress in the name of national security. Ironically, the hostility of the Iranian government towards human rights has only forced human rights defenders and activists to revise and refine their strategies, rather than succumb to intimidation. | [
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https://openalex.org/W2889184139 | Islamic Feminisms: Rights and Interpretations Across Generations in Iran | [
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"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W2889184139 | This book explores the contentious topic of women’s rights in Muslim-majority countries, with a specific focus on Iran and the Iranian women’s movement from 1906 to the present. The work contextualizes the authorial self through the use of personal narrative and interviews. A new critique of law is produced through an in-depth study of the Iranian Constitution, civil and criminal codes. The work presents a novel reconceptualization of the term Islamic feminism by revisiting the arguments of various scholars and through analysis of interviews with Iranian women’s rights activists. It is contended that the feminist movements can play a critical role in law reform and consequently the eventual implementation of international human rights law in Muslim-majority countries. What emerges from this study is not only a feminist critique of two major regimes of law, but also the identification of possibilities for reform in the future. The study transitions from the Iranian national context to the international by way of a comparative legal study of international human rights laws and laws. The book will appeal both to academics and human rights practitioners. | [] |
|
https://openalex.org/W3165908706 | The Right of Children with Disabilities to Education in Iran: Necessity of Accompaniment with International Developments | [
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"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W3165908706 | Realization of rights offering children with disabilities equal opportunities is an important issue. The purpose of this article is to examine these rights in both national and international law, and thus statutes to propound certain constructive suggestions to national legislator. A comparison of Iranian legal system with international documents and U.S law demonstrates necessity of certain reforms in field of educational rights of children with disabilities. Although the Iranian Comprehensive Act for Protection of Persons with Disabilities, provide these people certain human rights, still in regard to their educational rights Act is in need of some modifications. | [
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|
https://openalex.org/W2770424477 | Judgeships in Iran: Step Down, You are a Woman: A legal analysis of international human rights: A history of woman's rights in Iran and women judges in the United States. By Delaram Farzaneh . Lake Mary, FL: Vandeplas Publishing, 2017. ISBN: 978-1600422881. US$ 49.95. | [
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"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W2770424477 | Judgeships in Iran: Step Down, You are a Woman: A legal analysis of international human rights: A history of woman's rights in Iran and women judges in the United States. By Delaram Farzaneh . Lake Mary, FL: Vandeplas Publishing, 2017. ISBN: 978-1600422881. US$ 49.95. - Volume 45 Issue 3 | [
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https://openalex.org/W4317928315 | Analysis of Employment Policies of Iranʼs Government in Light of Fundamental Rights at Work | [
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"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W4317928315 | According to human rights obligations of states and with respect to one of the missions of International Labour Organization that was mentioned in the introduction of Convention No.122 concerning Employment Policies, this Organization is required to review Employment Policies of member states regarding items such as prohibition of discrimination, free choice of employment and equal opportunities in employment. Article 1 (3) of Convention No. 122 refers to the adoption of employment policy with regard to the specific circumstances of each country, so the question is, what is the Iranʼs government duty as the object of supervision of this organization in relation to the convention and where is the position of Fundamental Rights at Work in employment policies of our country? Attention to this matter is essential because Iran joining the Convention No. 122 and some conventions relating to the Fundamental Rights at Work and interpolation of this Rights in the Declaration on Fundamental Principles and Rights at Work and Statute of the International Labour Organization, Iran is obliged to uphold the mentioned Rights in its Employment Policies. Thus in this essay, we review the position of these Rights in Iran´s Employment Policies with analytical method. | [
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https://openalex.org/W4220668022 | The European Court of Human Rights’ Approach to Causes of Iranians’ Asylum Applications in the light of Non- Refoulement Principle | [
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"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W4220668022 | Abstract One of the most important principles of asylum law is the principle of non- refoulement whereby a refugee should not be returned to his/her home country where his /her life or liberty would be at risk. Although this principle is not explicitly recognised in the European Convention on Human Rights ( echr ), the European Court of Human Rights (ECtHR), as oversight judicial mechanism of the convention, in its jurisprudence, with its extensive interpretation of Article 3 of the Convention, has made refugees subject to human rights protections. Some Iranians, knowing the importance of this article and the role of the Court in ensuring its observance, seek refuge in European states and eventually recourse to the Court alleging a breach of Article 3 obligations if extradited by a European state. The main question of this article is what is the court’s approach to the reasons for the Iranians’ asylum applications? Case by case study shows that religious, sexual and political reasons are the main reasons for Iranians seeking asylum and the Court has taken a low threshold for religious causes and taken an easy approach, while it has taken a strict approach to sexual and political causes with high thresholds. | [
{
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"id": "https://openalex.org/S4210238233",
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|
https://openalex.org/W4782430 | The Janus Nature of Human Rights in Iran: Understanding Progress and Setbacks on Human Rights Protections since the Revolution | [
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"Iran"
] | [
"https://openalex.org/W1552710049",
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"https://openalex.org/W4238121004",
"https://openalex.org/W4245535387",
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] | https://api.openalex.org/works?filter=cites:W4782430 | There have been serious concerns raised both internally and externally about human rights violations in Iran over the past 30 years. Is there any reason to believe there will be an improvement in the protection of human rights in the future? Risse and Sikkink have suggested that states can be socialized to improve at least part of their human rights record. They argue that Western states, advocacy networks, and international norms can have a positive impact on rights of personal integrity in most if not all non-Western developing countries.1 Will Iran be socialized to improve its human rights record? This chapter examines both the progress on and the violations of human rights in Iran over the past 30 years. I want to explain why the Islamic regime has restricted the basic rights of its citizens, as well as what accounts for the progress made on some second generation rights. To see further improvements in the protection of human rights this chapter suggests that minimizing threats is a necessary step for further progress. Therefore, this chapter examines Iran’s human rights record in the framework of the interplay of international human rights norms and perceived threats. | [
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https://openalex.org/W2990559085 | Artistic or without Art: Analyzing of Artistic Rights in Charter on Citizens’ Right of Iran and its Manifest | [
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"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W2990559085 | Art like other affairs is the issue of law and rights. Rights in the field of art of Iran is less studied by scholars that is due to neglecting sanction of rights in art law. Nevertheless, the charter on citizens’ rights that was notified by the President of Iran on Dec 19, 2016 has focused on this issue and this article analyzed it and the result show that although the text of charter of citizens’ rights in relation to rights in its draft is more weaker from qualitative and quantitative point of view; according to shortage of law about this topic, specially rights of participate of cultural life and freedom of expression is developed and does not have merely cumulative approach.In spite of having moderate mode for rights of artistic associations, and material and moral property of works and in the to Education and right to free choice of employment the first deraft was eliminated. Also it is recommended a separate charter of rights, for stability and improving right of self-determination. Please cite this article as: Agah V. Artistic or without Art: Analyzing of Artistic Rights in Charter on Citizens’ Right of Iran and its Manifest. Bioethics Journal, Special Issue on Human Rights and Citizenship Rights 2019; 367-382. | [
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|
https://openalex.org/W3115956004 | The Green Movement and the Struggle for Human Rights in Iran | [
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"display_name": "Mahmood Monshipouri",
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] | [
"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W3115956004 | The 2009 Iranian presidential elections resulted in a second term for Mahmoud Ahma
dinejad, as well as a series of public protests against alleged election fraud. These protests
came to be called the Green Movement. The protesters were predominantly young, but
members of Iran’s reformist factions, who have long sought more democratic rights,
also participated. Facilitated by digital interactions via instant messaging and postings
on Facebook, Twitter, and YouTube, the protests were reported worldwide, while the
Iranian regime struggled to shape public perceptions of the events. Although the regime’s
security apparatus ultimately suppressed the Green Movement, it undoubtedly felt
threatened by the efficiency and organizational skills that allowed opposition groups to
inspire popular protests on a scale unseen since Iran’s 1979 revolution that overthrew a
monarchy. Thirty years later, the protesters demanded individual freedoms and rights,
and thereby gave evidence of the normative diffusion of human rights language into ev
eryday Iranian politics. According to the human rights expert Anthony Chase (2012), the
regime countered the language of human rights on the streets by invoking Iran’s national
security, sovereignty, and cultural exceptionalism. | [] |
|
https://openalex.org/W2486391014 | Spaans <i>v</i>. Netherlands | [] | [
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] | [
"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W2486391014 | 1 Human rights — Duty of State to secure to everyone within its jurisdiction Convention rights and freedoms — Right to a hearing — Former employee of international tribunal bringing claim regarding dismissal — National court holding employer immune from suit — Whether finding of immunity a denial of right to a hearing — European Convention on Human Rights, 1950, Articles 1, 6(1) and 13 — First Protocol to the Convention, Article 1 International organizations — Immunities — Iran-United States Claims Tribunal — Immunities under the law of the Netherlands — Action by former employee — European Convention on Human Rights | [
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|
https://openalex.org/W1856271686 | Universal women's human rights and the 'Muslim question' : an inquiry into the Iranian women's movement | [
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] | https://api.openalex.org/works?filter=cites:W1856271686 | The relationship between human rights principles defined at the international level, and questions of justice, rights, and representation in Muslim contexts, is an issue of significant complexity. Within this broad debate – a defining feature of contemporary international relations – this thesis focuses on the extent to which the discourse of universal human rights provides women in the local Iranian context with a valuable point of reference to advance the ongoing struggle for women’s empowerment. To address this question, the author begins broadly by questioning the commonly held view that human rights are a legacy of Western culture. An inquiry into the development of international standards in the second half of the twentieth century suggests that although Muslim actors were not the ‘main players’ in this process, nor were they passive spectators. Rather, members of Muslim communities – indeed Muslim women – have been active and impacting participants in the ongoing development of the human rights framework. The thesis then provides a more specific exploration of the strategic manoeuvres of the Iranian women’s movement. Through an analysis of the shifts that have taken place within the women’s movement over the course of Iran’s reform and post-reform years (1997–2003, and 2004–present), the author argues that the two conventional approaches to advancing women’s rights in Iran – Islamic feminism and secular feminism – carry significant practical limitations when carried out in mutual exclusivity. It appears, however, that women activists of both religious and secular orientations have recognised those limitations, and reformed their approaches accordingly. In the context of the Change for Equality Campaign, launched in August 2006, feminists of both secular and religious orientations are working together in a sustained and systematic attempt to advance mutual goals of non-discrimination. This paradigmatic shift, where practicality has trumped the maintenance of positional ideals, has taken place under a human rights banner. The aim of the Campaign, as defined by its members, is clear: to bring local laws on women into line with international standards on women’s rights and gender equality. The Iranian political landscape has thus witnessed the birth of something unique: a non-ideological form of feminism, wherein both secular and religious oriented women have identified a common point of reference in the discourse of universal women’s human rights. The author argues that this new form of feminism, expressed through the Change for Equality Campaign, is having a positive impact on both civil society and government, in a way that past approaches to advancing women’s rights were unable to achieve. | [] |
|
https://openalex.org/W3195539741 | A Critical Review of the Convention on the Elimination of All Forms of Discrimination against Women in Regards to the Bill of Socio-political Rights of Women in Islamic Republic of Iran | [
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"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W3195539741 | The European society after the industrial and scientific revolution and the greater recognition of human rights, attempted to enact laws that would provide these rights for individuals. Among these, women that were deprived from their most basic rights, through some conventions and agreements, they were also given some privileges. One of these agreements was the convention on the elimination of all forms of discrimination against women. In this study, by applying the documents analysis method, it has been attempted to perform a comparison between the “Convention on the Elimination of All Forms of Discrimination against Women” and “the Bill of Rights and Responsibilities of Women in Iran”. The most important principle in this bill is inducing the concept of right parallels between men and women, which by mentioning this matter, women are sent away from showing-off their power in the family environment and sent to environments where women’s rights and dignity has been destroyed Meanwhile, the “Bill of Rights and Responsibilities of Women in Iran” The foundation of this bill is based on this fundamental belief that in Islam men and women are equal to God as far as nature, purpose of creation, access to resources and talents, the possibility to achieve values and to pioneer in values, and rewards and punishments for deeds; and humans, without considering gender, are solely have advantage over each through all-dimensional human growth under knowledge and wisdom, divine virtue and in creating a meritorious society. This bill can be a foundation in the Iranian society and other Islamic countries for women’s rights. | [] |
|
https://openalex.org/W3009918456 | Human Rights and Cultural Diversity: the Iranian Discourse | [
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{
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{
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"id": "https://openalex.org/C41895202"
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] | [
"Iran"
] | [
"https://openalex.org/W560862277",
"https://openalex.org/W2121549385",
"https://openalex.org/W2328899121"
] | https://api.openalex.org/works?filter=cites:W3009918456 | Universal Declaration of Human Rights (UDHR) was adopted by the UN General Assembly on 10 December 1948 and Iran was among the 48 UN Member States who voted in favor of this historic resolution. Since then, Iran has acceded to many other international instruments of human rights. At the same time and especially after the victory of the Islamic Revolution in 1979, Iran has repeatedly referred to its different interpretation of some international norms of human rights, relying on the notion of cultural diversity. ایران در زمره کشورهایی هست که در سال 1948 رای مثبت آن به اعلامیه جهانی حقوق بشر در مجمع عمومی سازمان ملل متحد ثبت شده و از آن زمان به بعد، ایران به تعداد زیادی از اسناد بین المللی حقوق بشر پیوسته است. علیرغم این اوصاف، جهانشمولی حقوق بشر از سوی ایران به ویژه بعد از انقلاب اسلامی با چالش مواجه بوده و این کشور همواره با تکیه بر گفتمان تنوع فرهنگی، از قرائت متفاوت خود درخصوص برخی از هنجارها و اصول حقوق بشری دفاع کرده است. این مقاله، با بررسی محتوایی چارچوب فکری حاکم بر گفتمان تنوع فرهنگی به استدلال های طرفداران و مخالفان این گفتمان می پردازد و همچنین، ظرفیت های موجود در نظام حقوق بشری ملل متحد برای پذیرش این گفتمان را مورد مداقه قرار می دهد. | [] |
|
https://openalex.org/W2884775278 | A Comparative Study of the Status of Citizenship Rights in Iran and Britain | [
{
"affiliations": [
{
"country": "Iran",
"display_name": "Islamic Azad University, Tehran",
"id": "https://openalex.org/I110525433",
"lat": 35.7328,
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"display_name": "Khadijeh Solhmirzaee",
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],
"display_name": "Hamideh Al-Sadat Akhani",
"id": "https://openalex.org/A5053953552"
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] | [
{
"display_name": "Citizenship",
"id": "https://openalex.org/C2780781376"
},
{
"display_name": "Social rights",
"id": "https://openalex.org/C2777671340"
},
{
"display_name": "Human rights",
"id": "https://openalex.org/C169437150"
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{
"display_name": "Fundamental rights",
"id": "https://openalex.org/C95691615"
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{
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{
"display_name": "International human rights law",
"id": "https://openalex.org/C86615163"
},
{
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"id": "https://openalex.org/C2777855551"
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{
"display_name": "Sociology",
"id": "https://openalex.org/C144024400"
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{
"display_name": "Library science",
"id": "https://openalex.org/C161191863"
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{
"display_name": "Computer science",
"id": "https://openalex.org/C41008148"
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] | [
"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W2884775278 | DOI: 10.12957/rdc.2018.33516 Abstract The subject of this paper is "A Comparative Study of the Status of Citizenship Rights in Iran and England." Citizenship rights are from modern concepts and from the devices of democratic life of individuals in a political society. Citizenship rights have been an important and indisputable right in human history in the historical era, and for which the principles and basics have been considered. Citizenship rights in Iranian and British law include civil, social, political and judicial rights, and each of these countries has the means and tools to enforce these rights. In this paper, it has been tried to prove that humans have their own deserving rights and, accordingly, they need assignments. Identifying and defining these assignments and rules for the human's social life is a basic tool. Another objective of this study is to compare the types of citizenship rights in accordance with the rights of the United Kingdom and Iran. The research method is descriptive-analytical, and its data has been compiled as documentary and library studies. Keywords: Citizenship Rights; Iran; Britain; Civil Rights; Social Rights; Political Rights; Judicial Rights. Resumo O assunto deste artigo é "Um estudo comparativo do status dos direitos de cidadania no Irã e na Inglaterra". Os direitos de cidadania são de conceitos modernos e dos dispositivos da vida democrática dos indivíduos em uma sociedade política. Os direitos de cidadania têm sido importantes e indiscutíveis na história da humanidade na era histórica, e para os quais os princípios e bases foram considerados. Os direitos de cidadania na lei iraniana e britânica incluem direitos civis, sociais, políticos e jurídicos, e cada um desses países têm os meios e ferramentas para fazer valer esses direitos. Neste artigo, tentou-se provar que os seres humanos têm seus próprios direitos e, consequentemente, precisam de atribuições. Identificar e definir essas atribuições e regras para a vida social do ser humano é uma ferramenta básica. Outro objetivo deste estudo é comparar os tipos de direitos de cidadania de acordo com os direitos do Reino Unido e do Irã. O método de pesquisa é descritivo-analítico, e seus dados foram compilados como estudos documentais e bibliográficos. Palavras-chave: Direitos de Cidadania; Irã; Grã-Bretanha; Direitos Civis; Direitos Sociais; Direitos Políticos; Direitos Judiciais. | [
{
"display_name": "Revista de Direito da Cidade",
"id": "https://openalex.org/S2739129023",
"type": "journal"
}
] |
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