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1
Nowak, Manfred. "New challenges to the international law of human rights." Nordic Journal of Human Rights 21, no. 01 (March 7, 2003): 3–8. http://dx.doi.org/10.18261/issn1891-814x-2003-01-02.
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Lubell, Noam. "Challenges in applying human rights law to armed conflict." International Review of the Red Cross 87, no. 860 (December 1, 2005): 737–54. http://dx.doi.org/10.1017/s1816383100184541.
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AbstractThe debates over the relationship between International Humanitarian Law and International Human Rights Law, have often focused on the question of whether human rights law continues to apply during armed conflict, and if so, on how these two bodies of law can complement each other. This article takes the continuing applicability of human rights law as an accepted and welcome starting point, and proceeds to lay out some of the challenges and obstacles encountered during the joint application of IHL and Human Rights Law, that still need to be addressed. These include extra-territorial applicability of human rights law; the mandate and expertise of human rights bodies; terminological and conceptual differences between the bodies of law; particular difficulties raised in non-international armed conflicts; and the question of economic, social and cultural rights during armed conflict.
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Yotova, Rumiana. "REGULATING GENOME EDITING UNDER INTERNATIONAL HUMAN RIGHTS LAW." International and Comparative Law Quarterly 69, no. 3 (July 2020): 653–84. http://dx.doi.org/10.1017/s0020589320000184.
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AbstractThis article offers a critical assessment of the role of international human rights law in the regulation of genome editing. Given the rapid scientific developments in the field of genetics, it is important to explore the implications of the human rights framework for the research into and the clinical application of genome editing. The broader normative question is whether the existing human rights standards are sufficient to address the challenges posed by this new technology. It will be argued that while international human rights law does not prohibit genome editing, it imposes important restrictions upon it. However, existing human rights are arguably insufficient to regulate germline genome editing as there are significant loopholes in the protection of embryos. Nor do they fully address the wide-ranging implications of the new technology for society and humankind. It will be suggested that new standards are needed, ideally set out in a new international instrument and supported by an institutional framework, which address the specific challenges posed by this new technology.
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Ooms, Marissa. "International Human Rights Law and Its Critics." International Community Law Review 18, no. 3-4 (October 6, 2016): 353–69. http://dx.doi.org/10.1163/18719732-12341333.
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This book review essay critically reflects on The Twilight of Human Rights Law by Eric Posner. I compare his arguments with some of the findings in the books The Endtimes of Human Rights by Stephen Hopgood and The Dark Sides of Virtue by David Kennedy. All three books contain a pragmatic critique on international human rights law. I conclude that Posner succeeds in pointing to certain fundamental challenges that the international human rights movement should address. However, by wholly rejecting the idea of international human rights law, Posner in fact makes an ideological rather than pragmatic move. The problems that the book identifies should not be regarded as a reason to dismiss the regime in its entirety, but rather as an opportunity to improve it so that the supposed gap between local human rights activism and international human rights law may close.
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Zamir, Noam, and Mark D. Kielsgard. "Teaching International Law in Jurisdictions with International Law Crisis." ICL Journal 13, no. 3 (February 25, 2020): 259–80. http://dx.doi.org/10.1515/icl-2019-0017.
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AbstractThe normally challenging task of teaching international law is amplified when teaching international law in jurisdictions that face ongoing human rights problems and other failures of compliance with international law. In those jurisdictions, the dialectics between the globalized world economy and technology on the one hand and the intensification of hostility to human rights and substantive democracies (ie to the values of public international law) on the other hand are much more pronounced. Students will often resist international law and regard it as the ‘enemy of the state’ or a source of illegitimate foreign influence. The challenge of international law teachers in those jurisdictions is thus not only to teach international law but also to draw the students into – rather than alienate them from – thinking about their resistance to international law and about the relations between law, power and legitimacy. How to meet this and related challenges is the focus of this paper, which is based on the authors’ practical experiences of teaching international law in several jurisdictions with an international law crisis including Hong Kong, Israel, and the People’s Republic of China.
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Karpachova, Nina I. "Modern challenges to international security and protection of Human Rights (international and Ukrainian context)." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 2 (June 25, 2021): 25–33. http://dx.doi.org/10.37635/jnalsu.28(2).2021.25-33.
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At the moment, two mechanisms for protecting human rights can be distinguished in Ukraine: an appeal to the European Court of Human Rights at the international level and an appeal to the Commissioner for Human Rights at the national level. Therewith, the activity of the ombudsman constitutes the state’s performance of its obligations at the international level to ensure the national mechanism for the protection of human rights. In Ukraine, the Ombudsman acts according to the model of the classic parliamentary Commissioner for Human Rights. In addition, along with the parliamentary Commissioner for Human Rights, which has a constitutional status, there are government commissioners (“quasi-ombudsmen”) in Ukraine, whose activities do not have a special status and can be terminated at the will of the government at any time. Considering the above, the purpose of this study lies in a comprehensive analysis of modern challenges to international security and the impact of these factors on the observance of human rights in Ukraine (using the methods of both international law and classical legal methodology), as well as studying the role of the ombudsman in this process. The analysis allowed to conclude that the causes of human rights violations lie not only in the country’s problems, but are also the consequences of global processes. A huge challenge to the rights and freedoms in Ukraine is the intensifying poverty of the population, which in itself is a violation of human rights and allows to exercise all other rights. Furthermore, the hostilities in the Donbas region led to gross, massive, and systematic violations of human rights: residents of the front-line territories were faced with two challenges at once – the danger that arises due to the impossibility of ensuring security in the immediate vicinity of the war zone and the increasing risks of poverty
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Obodo, Chimere Arinze. "International human rights law enforcement challenges in 21st century Africa." International Journal of Human Rights and Constitutional Studies 2, no. 3 (2014): 226. http://dx.doi.org/10.1504/ijhrcs.2014.065298.
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Pavone, Ilja Richard. "Medically Assisted Procreation and International Human Rights Law." Italian Yearbook of International Law Online 22, no. 1 (2013): 155–83. http://dx.doi.org/10.1163/22116133-02201008.
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Since the birth of Louise Brown in 1978, the first human baby resulting from in vitro fertilisation (IVF), developments in reproductive medicine have opened up new opportunities to solve problems related to sterility/infertility and to avoid the transmission of serious genetic diseases to offspring. This article evaluates some challenges to human rights protection arising from medically assisted procreation (MAP), with particular reference to artificial insemination from a donor (AID) and preimplantation genetic diagnosis (PGD). It analyses the regulation of MAP at the international, regional and domestic level. Specific attention is paid to two landmark judgments of the European Court of Human Rights (ECtHR) on MAP (S.H. v. Austria and Costa and Pavan v. Italy), with a special focus on the interpretation of the concept of family and private life contained therein and on the effects of the ECtHR rulings on the Italian legal order. It concludes that national legislation concerning MAP should be minimal, i.e. should afford substantial freedom and autonomy to the couples in their procreative choices, in accordance with their right to respect for private and family life.
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Uusitalo, Jenna. "The Challenges to the Emergency Medical Services to be Recognised as a Human Right in International Human Rights Law." Croatian international relations review 26, no. 87 (December 15, 2020): 86–119. http://dx.doi.org/10.37173/cirr.26.87.4.
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The Emergency Medical Services (EMS) are emergency services generally been designed to provide urgent treatment of patients with life-threatening conditions outside medical facilities. Even though the EMS belongs to the category of socio-economic rights, it nevertheless has great significance in safeguarding one of the most fundamental human rights, the right to life. In fact, international humanitarian law has recognised this important connection by establishing explicit legal rules that oblige states to ensure urgent medical care for the wounded and sick. International human rights law, on the other hand, has no such expressed provisions. However, the problem is not the lack of legal rules applicable to the EMS as such but rather the challenges in human rights perception, which hinder the EMS being perceived as a valuable human right. Therefore, this article essentially argues that international human rights law does not recognise the EMS as a human right sufficiently and that more thorough actions are required from the UN Committee of Economic, Social and Cultural Rights (CESCR) in this regard.
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Freedman, Rosa, and Samuel Gordon. "An International Law Perspective on the Challenges Confronting the Human Rights Council." Volume 62 · 2019 62, no. 1 (January 1, 2021): 11–42. http://dx.doi.org/10.3790/gyil.62.1.11.
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Abstract: The United Nations (UN) Human Rights Council (HRC) is the principal UN human rights body, and arguably the lynchpin of the UN human rights machinery. It brings together States, independent experts, UN staff and civil society actors, and reports to the full UN membership as a subsidiary body of the General Assembly. Its mandate and work is broad, with the body combining highly political elements, significant reliance on expertise, and in situ human rights investigations. In the 13 years since its establishment, the HRC has received significant attention from scholars, observers, civil society, and the wider public. There have been many significant successes and other highly visible failures in relation to the Council's mandate to promote, protect, and develop human rights. Since its establishment, the body has been a battleground over which the UN has to overcome inherent structural and ideological flaws in the pursuit of making the idealist human rights vision a reality. This article will provide an account of the Council's creation, key elements, work, and some of the largest challenges including primacy of State sovereignty, politicisation of the Council, and some highly politicised country-specific situations.
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McInerney-Lankford, Siobhán. "Rewarding in International Human Rights Law?" AJIL Unbound 115 (2021): 232–36. http://dx.doi.org/10.1017/aju.2021.29.
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Compliance in international law remains a challenge and the search to understand whether and why states comply with international human rights law endures as well. This essay endorses van Aaken and Simsek's contention that rewarding is an important yet underexplored mechanism for ensuring compliance with international law, but suggests that certain features of international human rights law may make rewarding less apposite in the human rights sphere for three interrelated reasons. First, compliance with international human rights law depends on domestic as well as international action, potentially rendering rewarding between states less relevant. Second, the unique and complex structure of international human rights law obligations and their measurement may make an assessment of the effectiveness of rewarding more difficult, at least for certain categories of rights and obligations. Third, rewarding may be inappropriate in international human rights law given its core normative purpose of protecting human dignity. As such, this essay explores whether rewarding can or should be pursued in international human rights law.
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Krakow, Carly A. "The International Law and Politics of Water Access: Experiences of Displacement, Statelessness, and Armed Conflict." Water 12, no. 2 (January 24, 2020): 340. http://dx.doi.org/10.3390/w12020340.
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This article analyses international law regarding the human right to water as it impacts people who are stateless, displaced, and/or residents of armed conflict zones in the contemporary Middle East. Deficiencies in international law, including humanitarian, water, human rights, and criminal law, are examined to demonstrate international law’s strengths and weaknesses for functioning as a guarantor of essential rights for vulnerable groups already facing challenges resulting from ambiguous legal statuses. What are the political factors causing lack of water access, and what international legal protections exist to protect vulnerable groups when affected by water denial? The analysis is framed by Hannah Arendt’s assertion that loss of citizenship in a sovereign state leaves people lacking “the right to have rights”, as human rights are inextricably connected to civil rights. This article demonstrates that stateless/displaced persons and armed conflict zone residents are disproportionately impacted by lack of water, yet uniquely vulnerable under international law. This paper offers unprecedented analysis of international criminal law’s role in grappling with water access restrictions. I challenge existing “water wars” arguments, instead proposing remedies for international law’s struggle to guarantee the human right to water for refugees/internally displaced persons (IDPs). Examples include Israel/Palestine, Syria, Iraq, and Yemen. A key original contribution is the application of Arendt’s theory of the totalising impacts of human rights violations to cases of water access denial, arguing that these scenarios are examples of environmental injustice that restrict vulnerable persons’ abilities to access their human rights.
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Gueraldi, Michelle. "Human trafficking and challenges to States’ compliance with International Human Rights Law: The case of Brazil." Cultural Dynamics 25, no. 2 (July 2013): 165–81. http://dx.doi.org/10.1177/0921374013498140.
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This article identifies some challenges faced by the Brazilian State in eradicating human trafficking. International Human Rights Law is the instrument I adopt as a conceptual paradigm for analysis of the State’s conduct, arguing that Brazilian National Policy implemented since 2008 does not meet the preventative needs, the repression of perpetrators, nor victim protection as proposed by International Human Rights Law. The conduct of State powers shows that human trafficking is still conceived as a criminal offense, rather than as a human rights violation. Existing published Brazilian studies commonly approach human trafficking in terms of criminal law. I analyze it under the umbrella of International Human Rights Law, disassociating human trafficking from an exclusively feminist approach, and describing it in terms of a global human rights violation pattern related to international migration flows. I emphasize some interior legal concepts commonly overlooked by juridical doctrine, such as vulnerability and exploitation, with attention to cultural attitudes that help determine policy.
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Vöneky, Silja. "International Standard Setting in Biomedicine – Foundations and New Challenges." Volume 61 · 2018 61, no. 1 (June 20, 2019): 131–51. http://dx.doi.org/10.3790/gyil.61.1.131.
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This article examines current challenges for a normative framework regulating biomedicine, including those arising from the use of big data and machine learning tools, and from the use of the CRISPR/Cas-9 technology, as for instance gene drives. The article focusses on the question of legitimate standard setting and takes into account both “hard” and “soft” law as well as private rule making. This includes international treaties and declarations in the area of human rights law and environmental law, such as the International Covenant on Civil and Political Rights, the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, the Rio Declaration on Environment and Development, and, more specifically, the UNESCO Declaration on Bioethics and Human Rights. The author argues that, as instruments of biotechnology and biomedicine merge, international environmental law has to be interpreted in the light of human rights law. In order to adapt to new challenges, the article calls for a humanisation of international environmental law and, because of the ongoing disruptive technological development, argues that further legitimate standard setting is required. Keywords: Biomedicine, Biotechnology, Gene Drives, Standard Setting, CRISPR/Cas-9, Artificial Intelligence
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Onzivu, William. "(Re)Invigorating the World Health Organization’s Governance of Health Rights: Repositing an Evolving Legal Mandate, Challenges and Prospects." African Journal of Legal Studies 4, no. 3 (2011): 225–56. http://dx.doi.org/10.1163/170873811x585592.
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Abstract State centred discourse on international law and human rights often diminishes the obligations of global health institutions in international law to advance health related human rights and as sites for the progressive development and implementation of health rights. The constitution of the World Health Organization (WHO) provides an expansive role for human rights protection and promotion in realizing public health, but WHO has faced hurdles in effectively carrying out this role. Current scholarship continues to underscore the normative challenges facing WHO concerning its limited use of international law including human rights to promote health. This article goes a step further and explores the evolving international legal and institutional basis for WHO’s future direction in strengthening the governance of human rights. It revisits WHO’s evolving and expanding human rights mandate, challenges and prospects within WHO law, the broader United Nations law, policy and practice as well as general international law. Despite the limitations, WHO has evolving institutional mechanisms rooted in international law that comprise a pivotal site for human rights normative and operational work at the global, regional and domestic levels. The article examines these mechanisms and suggests concrete ways and options in which WHO can advance health rights.
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Petryshyn, Oleksandr V., Marianna I. Liubchenko, and Oleksii O. Liubchenko. "CHILD'S HEALTH CARE: LEGAL FRAMEWORK AND ONGOING CHALLENGES." Wiadomości Lekarskie 73, no. 12 (2020): 2789–94. http://dx.doi.org/10.36740/wlek202012215.
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The aim: Is to analyze the development of the modern legal framework for child's health care, to clarify the benefits of a human rights-based approach, which is now is mainstreaming for understanding the right of children to health and means of its protection. Materials and methods: To achieve this goal, as well as taking into account the specifics of the topic, the following research methods became relevant: the application of a dialectical approach and historical method made it possible to understand the patterns of formation and development of ideas of children's rights and health within the international community and national states; formal-legal method was used when studying legal texts (international law acts, both of universal and regional level, interpretation and clarification of human rights treaty bodies, expert reports and research, case law), and comparative-legal was used to compare different approaches on health protection in various international human rights mechanisms (US Supreme Court, Council of Europe). Conclusions: Today, perceptions of children's rights at the doctrinal and jurisprudential levels are quite developed due to a broad understanding and openness to progressive interpretation. In particular, the inclusion into the legal context such determinants as the inviolability of the dignity and private life of the child, proper understanding of the stages of adulthood, and an assessment of the child's developmental environment has made modern international law and national legal systems to become more viable in sense of protection of child's well-being in today's world.
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García-Salmones Rovira, Mónica. "The Impasse of Human Rights: a Note on Human Rights, Natural Rights and Continuities in International Law." Journal of the History of International Law / Revue d’histoire du droit international 21, no. 4 (December 18, 2019): 518–62. http://dx.doi.org/10.1163/15718050-12340120.
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Abstract Studies on the nature of human rights have reached an impasse largely due to a general resistance to engage with the continuity of ideas and theories drawn from religion, morality and ethics in the history of international law. With the impasse of human rights, the article refers to an epistemological deadlock about what human rights are. Studying the concept of natural rights, it is argued, offers a means of breaking this impasse and, ultimately, easing the current tension between historicism and essentialism in human rights theory. The article concludes that natural rights were means to decide the moral questions posed by the violent redistribution of (material) goods taken to be common by the theoreticians of the expanding European empires. Probing in this manner into natural rights’ early uses and embedded theories gives us new tools and fresh approaches to be employed in relation to the challenges posed by contemporary global politics.
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Knox, John H. "Horizontal Human Rights Law." American Journal of International Law 102, no. 1 (January 2008): 1–47. http://dx.doi.org/10.1017/s0002930000039828.
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What duties, if any, does international human rights law establish for individuals, corporations, and other private actors? For many years, the conventional answer has been that it places duties on states to respect the rights of individuals and creates few or no private duties. In other words, human rights law is aligned vertically, not horizontally. But that view has regularly been challenged. Most recently, in 2003, the United Nations Commission on Human Rights (Commission), historically the most important incubator of human rights agreements, received two proposed instruments that might appear to realign human rights law horizontally: private actors would have duties as well as rights, and they would owe those duties to society as a whole or to individuals within it. The draft Declaration on Human Social Responsibilities (Declaration) would identify duties that all individuals owe to their societies; and the Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights (draft Norms) would set out duties of businesses under human rights law. The Human Rights Commission did not embrace the proposals before its replacement by the Human Rights Council in 2006, and the Council has not considered them. Both received some support, however, and it seems likely that their proponents will continue to pursue adoption of their principles in one form or another. This article argues that if adopted, those principles would cause serious damage to human rights law.
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Arifin, Ridwan. "Indonesian Political Economic Policy and Economic Rights: An Analysis of Human Rights in the International Economic Law." Journal of Private and Commercial Law 3, no. 1 (May 31, 2019): 38–49. http://dx.doi.org/10.15294/jpcl.v3i1.18178.
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The national and international economic development raises new problems besides the positive side of finance. International economic recession that has global impacts including in Indonesia presents its own challenges. One of the challenges faced is a serious impact on the fulfillment of economic and social rights. Various economic austerity measures were taken to maintain the country’s economic stability. One of the most controversial is the reduction of subsidies in the health, social security, trade and education sectors. The unemployment rate also increased as a direct impact of these economic policies. This paper analyzes the rights of human rights in Indonesian political economic policy both on a national and international scale. This paper compares and analyzes various cases of Indonesian economic policy with the basic principles of human rights, especially social, economic and cultural rights. Studies in this paper cover the areas of study of International Economic and Trade Law, Human Rights Law, and International Law. This paper highlighted that economic policies in the form of reducing subsidies and austerity measures undermine a wide range of human rights human rights frameworks.
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Campbell-Duruflé, Christopher, and Sumudu Anopama Atapattu. "The Inter-American Court’s Environment and Human Rights Advisory Opinion: Implications for International Climate Law." Climate Law 8, no. 3-4 (October 31, 2018): 321–37. http://dx.doi.org/10.1163/18786561-00803012.
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The Advisory Opinion of the Inter-American (IA) Court of Human Rights on Environment and Human Rights, released in February 2018, has the potential to usher in a new era for the relationship between climate law and international human rights law. This article begins with the Inuit Petition submitted to the IA Commission on Human Rights in 2005 to identify three legal challenges which it brought to light on the application of the international human rights framework to climate change: enforceability, causality, and extraterritoriality. By relying on examples from the Human Rights Council and the Paris Agreement negotiations, we show that these three issues continue to have an impact on the relationship between climate law and human rights. We then draw attention to the groundbreaking character of the IA Court’s Advisory Opinion, and in particular to the finding that the American Convention on Human Rights gives rise to an autonomous right to a healthy environment and to state duties that are both preventive and extraterritorial in nature. We suggest that the IA Court’s revisiting of the three legal hurdles provides an opportunity to close the gap between the disciplines of international human rights and climate law.
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Chechi, Alessandro. "Migrants’ Cultural Rights at the Confluence of International Human Rights Law and International Cultural Heritage Law." International Human Rights Law Review 5, no. 1 (July 15, 2016): 26–59. http://dx.doi.org/10.1163/22131035-00501001.
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Contemporary migration flows and the related humanitarian emergency have received overwhelming media coverage and political attention. It appears, however, that the sorrow provoked by the heart-breaking stories of migrants has been all too often quickly replaced by the rhetoric that describes this influx as the principal cause for the problems that Western States face today – unemployment, crime, drugs and violent extremism – and as a threat for national culture and identity. This article looks at the cultural rights of migrants and at the international instruments that regulate one or more aspects of the phenomenon of migration and the protection of cultural heritage. Its objective is to challenge existing prejudices against migrant communities and to answer the question whether migration and migrants are a burden or a blessing for the culture of receiving States.
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Smith, Rhona, and Sean Molloy. "Navigating Human Rights in a ‘Post-Human Rights’ Era." Asia-Pacific Journal on Human Rights and the Law 21, no. 2 (December 9, 2020): 139–94. http://dx.doi.org/10.1163/15718158-21020001.
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Abstract International human rights law and mechanisms tasked with promoting state compliance with it are being increasingly challenged. Opposition is originating from, amongst others, countries that have historically supported the global human rights project. These new trends and sites of contestation bolster opposition from other countries and regions that have consistently diverged from international human rights norms. Examining the relationship between the United Nations human rights system and states of the Association of Southeast Asian Nations in this broader context of opposition to human rights, this article argues that existing theories on why states do, or ought to, comply with international human rights law are often inadequate to either explain or inspire state adherence to human rights norms. What is required, this article will argue, is not another theory but rather more targeted and incremental efforts to address the gap between rhetoric and compliance.
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Buhmann, Karin. "Regulating Corporate Social and Human Rights Responsibilities at the UN Plane: Institutionalising New Forms of Law and Law-making Approaches?" Nordic Journal of International Law 78, no. 1 (2009): 1–52. http://dx.doi.org/10.1163/157181009x397063.
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AbstractGlobalisation's unprecedented growth and transborder activities of business coupled with increasing awareness of the impact of business on societies and human rights has resulted in demands for the international society to regulate corporate social and human rights responsibilities. This not only challenges traditional notions of duty bearers under international law, but also calls for novel approaches for the United Nations (UN) to implement central parts of the Charter's human rights aims and to address corporate behaviour in a state-centred international law-making order that lacks the willingness of States to regulate business. This article explores recent UN responses and argues that in the absence of States acting through ordinary international law-making, the UN as an intergovernmental organisation draws on participatory modes of law-making and new forms of law in order to normatively influence businesses' impact on human rights. The pattern of using these forms suggests an institutionalisation of reflexive regulation as a regulatory process drawing on public-private regulation, and of an emerging UN based 'Global Administrative Law' in order to meet regulatory challenges in living up to the human rights aims embodied in the UN Charter under the conditions posed by globalisation of the economy and emergence of strong transnational non-state actors. The analysis is based on the UN Global Compact, the draft Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with regard to Human Rights and the process of the Special Representative of the Secretary General on the issue of human rights and transnational corporations and business (SRSG).
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Ravnbøl, Camilla Ida. "The Human Rights of Minority Women: Romani Women's Rights from a Perspective on International Human Rights Law and Politics." International Journal on Minority and Group Rights 17, no. 1 (2010): 1–45. http://dx.doi.org/10.1163/157181110x12595859744123.
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AbstractThis article explores the complexities surrounding the human rights of minority women. With analytical focus on Romani women in Europe it seeks to contribute with new insight into the grey areas of rights issues, where groups within special rights categories share different human rights concerns, by being both women and members of a minority group. Through an investigation of how contemporary human rights law and politics serve to address the concerns of Romani women, it sheds light on the challenges that the Romani women's issue presents to the international human rights framework. These challenges go beyond the Romani issue only and into larger issues of women and minorities. It raises questions as to whether the historical separation between categories of gender and race/ethnicity within the international community in practice has become a gap that isolates Romani women from the human rights attention that they claim. It is argued that in order to strengthen the validity of human rights in the lives of Romani women, as a framework that ensures their full and equal protection, special attention needs to be given to interrelated grounds and forms of discrimination. “Intersectionality” is re-introduced as a concept to frame such new approaches to the human rights of Romani women. The article is a summary version of the thesis “The Human Rights of Minority Women: Challenging International Discourses with the Case of Romani Women”, for which the author was awarded the Martin Alexanderson Research Scholarship, administered by the Raoul Wallenberg Institute of Human Rights and Humanitarian Law in Lund, Sweden. This summary version brings forward the main arguments of the thesis which was an awarded EMA thesis 2006–2007 of the European University Institute in Venice. For this reason it does not present any new findings or data after 2007 but merely summarises the main chapters of the thesis. The thesis investigated the complexities surrounding Romani women's human rights at UN and European level. Thus, national systems and the regional systems in the Americas and Africa are excluded. The empirical data comes primarily from the European region.
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Shandler, Ryan, and Daphna Canetti. "A Reality of Vulnerability and Dependence: Internet Access as a Human Right." Israel Law Review 52, no. 1 (February 18, 2019): 77–98. http://dx.doi.org/10.1017/s0021223718000262.
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We are faced with a new reality where our reliance on internet access to fulfil basic civil tasks is threatened by increasing personal and societal cyber vulnerability. This dichotomy of dependence and vulnerability requires a new framework for understanding the legal and human rights status of this evolving technological reality. A number of theories have sought to explain how internet access could attain the status of a human right. These include reliance on the freedom of expression protection offered by the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights. More recent approaches have suggested that international customary law could apply, or that internet access could attain the status of an auxiliary human right. Despite repeated demands by international institutions to address modern cyber challenges through a human rights lens, this assortment of legal approaches has failed to garner a consensus view in the international community. The article reviews the merits of each of these arguments, and grounds the debate in the lens of this reality of dependence and vulnerability. Of the four options surveyed, we find that auxiliary righthood is the most promising approach, but that additional research is required to substantiate the claims.
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Bruch, Elizabeth M. "Researching Human Rights Professionals: Tracing the Networks of Human Rights Practice." Journal of Human Rights Practice 11, no. 1 (February 1, 2019): 116–31. http://dx.doi.org/10.1093/jhuman/huz004.
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Abstract Human rights professionals are significant actors in international institutions, humanitarian interventions, and other dimensions of global governance. Despite their significance, they remain part of an under-researched global elite of international expert practitioners. This article explores the challenges of conducting transnational research involving human rights professionals in exploring the networks of institutions, actors and relationships in human rights fieldwork. It raises practical and methodological issues related to research relationships, access to participants and information, and the larger contexts of geopolitical and structural power. Using insights from human rights professionals themselves, it illuminates questions of expertise, identity and location, as well as the mediating roles of texts and technology in the research and in the network of practice.
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KARPACHOVA, NINA. "Current Challenges to Human Rights and Freedoms and the Ombudsman Institution." Право України, no. 2021/02 (2021): 106. http://dx.doi.org/10.33498/louu-2021-02-106.
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The article examines the genesis of the institution of the Ombudsman of Ukraine – the Ukrainian Parliament Commissioner for Human Rights. The role of the Ombudsman is shown both in protecting the rights of individuals as well as in overcoming the systemic violations of human rights. The essence of modern challenges to human rights and freedoms is revealed: poverty, migration, human trafficking, modern terrorism, sea piracy, armed conflicts, wars, humanitarian disasters, dehumanization of society. The activity of the First Ombudsman of Ukraine on bringing the legislation of Ukraine and law enforcement practice in line with European and international human rights standards is analyzed. The need to form a modern legal culture based on international standards in the field of human rights and freedoms and the rule of law is analyzed. The article investigates monitoring mechanism of the national human rights institution performed through the Annual and Special Reports to the national Parliament. It also reveals forms of cooperation of the Ombudsman of Ukraine with national, international and European structures in the field of human rights. It is shown that not only the institution of the Ombudsman, in terms of its legal status, should be independent in the spirit of the Paris Principles, but the person in this post should also have personal independence. There are shown ways to establishing peace through the search for compromises and a trustful dialogue between the authorities and society. The innovation of the article is the analysis of the Ombudsman institution as a mechanism for the extrajudicial protection of human rights in the context of modern challenges to human rights and freedoms. A new term is introduced into scientific circulation – “the case law of the Ombudsman”.
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Tagari, Hadas. "Personal family law systems – a comparative and international human rights analysis." International Journal of Law in Context 8, no. 2 (April 30, 2012): 231–52. http://dx.doi.org/10.1017/s1744552312000067.
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AbstractThis article analyses the structures and substances of personal systems of family law based on religious affiliation within their social, political and historical contexts, and explores the varied ways in which they implicate the human rights of those governed by these systems, and the way international law and jurisprudence of human rights respond to these challenges. This analysis suggests that looking at the specific manifestations of personal family law systems in concrete contexts illuminates significant human rights implications which have not received sufficient attention in mainstream human rights discourse, for various legal, cultural and political reasons. The contexts which this article will draw on are personal family law systems in Israel, India, Lebanon and Morocco, which comprise a varied sample of family law structures and legal, cultural, social and political contexts.
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Makarenko, L. O. "Human rights in Ukraine: current challenges and threats." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 76–89. http://dx.doi.org/10.33663/2524-017x-2021-12-13.
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The article analyzes the problematic issues of modern society, identifies challenges and threats to human rights in Ukraine. In this context, it is emphasized that man, his various needs and interests (material, spiritual and others) should become for the state is not a means but a primary goal. The principle of respect for human rights is a fundamental principle of the law of all civilized nations. It is emphasized that in the everyday imagination a person is a person when he does not do what is dictated to him by others, but what he analyzes (even if it is dictated by others), evaluates whether or not to make a decision accordingly. A person remains free if he realizes the need to perform this action and is convinced of its value and optimality. For a person with a conscious sense of self-worth is characterized by the fact that, acting in one way or another under the direct action of external pressure, he is guided by his own beliefs, does as his dignity suggests. And this is a manifestation of the moral freedom of the individual. Corruption, legal nihilism and abuse of law are characterized as powerful destructive elements in the process of realization of human rights and freedoms. It is argued that the main entity that should address these challenges, which undermine the foundations of humanrights and freedoms in Ukraine, is the state whose activities should be aimed at creating such legal values that provide newopportunities for progressive development of the national legal system, increase the role of law in society and the effective provision of human rights and freedoms. Keywords: person, personality, human rights, corruption, legal nihilism, abuse of law, responsible state
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Saenko, M. I., V. V. Goloborodko, and V. S. Pleskachova. "Current challenges in the field of human rights protection during the covid-19 pandemic." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 61–64. http://dx.doi.org/10.24144/2307-3322.2021.64.11.
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In the articles on the problems of quarantine restrictions during the coronavirus pandemic, ambiguities are identified against epidemiological measures in the legislation of Ukraine. Emphasis is also placed on the violation of international acts ratified by Ukraine and the inconsistency of norms in national and international law.
The normative legal acts of Ukraine are considered, which propose to allow restriction of certain rights and freedoms of man and citizen. The fundamental aspects of the right to protection from pressure on a person, enshrined in the European Convention on Human Rights during an emergency, have been identified.
The key cases that provide an opportunity to derogate from an emergency situation under Article 15 of the European Convention on Human Rights are listed.
Emphasis is placed on the ambiguity of the wording of the terms «public buildings», «public transport» in terms of violation of the rules on human quarantine, sanitary and hygienic, sanitary and anti-epidemic rules and regulations provided by the Law of Ukraine «On Protection of Infectious Diseases» and stay in public buildings, structures, public transport during quarantine without wearing personal protective equipment.
An example from case law on the prescribed restrictions is given based on both interpretations of European and all-Ukrainian law.
It was emphasized that the main act, which has the highest legal force on the territory of Ukraine, was violated in terms of freedom of movement, the right to hold rallies, the right to education and work.
The normative legal act concerning restrictions within Ukraine in connection with the pandemic was analyzed, namely the Resolution of the Cabinet of Ministers of March 11, 2020 №211 “On prevention of the spread of acute respiratory disease COVID-19 caused by the coronavirus SARS-CoV- 2 ”, as well as international experience in the protection of human rights during the COVID-19 pandemic.
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Rudall, Jason. "Green Shoots in a Barren World: Recent Developments in International Investment Law." Netherlands International Law Review 67, no. 3 (October 26, 2020): 453–71. http://dx.doi.org/10.1007/s40802-020-00175-2.
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AbstractThis article begins from the observation that there have been a number of developments in international investment law-making and the jurisprudence of investor-state dispute settlement tribunals involving the protection of the environment and human rights. As for law-making, this article explores the evolving substance of international investment agreements as well as regulatory developments in the area of business and human rights that are of relevance to the international investment law framework. The article then turns to consider the emergence of human rights and environmental issues in the recent jurisprudence of investment tribunals and appraises how such issues have been dealt with—both in procedural and substantive terms—by arbitral tribunals. Finally, it questions whether investment tribunals are appropriate venues for the adjudication of non-investment matters like environmental and human rights issues, and highlights best practices that could be adopted by future tribunals. Overall, the article concludes that the piecemeal approach adopted to date provides a step in the right direction but is ultimately inadequate given the multiple challenges that our planet currently faces. Rather, a more ambitious agenda that is concerned with promoting good investment, as opposed to mitigating bad practices, should be pursued.
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Goodwin-Gill, Guy S. "International Law and Human Rights: Trends concerning International Migrants and Refugees." International Migration Review 23, no. 3 (September 1989): 526–46. http://dx.doi.org/10.1177/019791838902300307.
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Notwithstanding human rights linkages, migrants and refugees are often on the periphery of effective international protection. State sovereignty and self-regarding notions of community are used to deny or dilute substantive and procedural guarantees. Recently, even nondiscrimination as a fundamental principle has been questioned, as has the system of refugee protection. This article locates both migrants and refugees squarely within the human rights context, contrasting inalienable rights with the demands of sovereignty, and juxtaposing the two in a context of existing and developing international standards. Migration and refugee flows will go on, and the developed world, in particular, must address the consequences — legal, humanitarian, socioeconomic and cultural. Racism and institutionalized denials of basic rights daily challenge the common interest. This article shows how the law must evolve, responding coherently to contemporary problems, if the structure of rights and freedoms is to be maintained.
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Abbott, Kirby. "A brief overview of legal interoperability challenges for NATO arising from the interrelationship between IHL and IHRL in light of the European Convention on Human Rights." International Review of the Red Cross 96, no. 893 (March 2014): 107–37. http://dx.doi.org/10.1017/s1816383115000338.
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AbstractThis article briefly overviews some of the current and future challenges to NATO legal interoperability arising from the relationship between international humanitarian law (IHL) and international human rights law generally and between IHL and the European Convention on Human Rights in particular.
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Lubell, Noam. "Parallel Application of International Humanitarian Law and International Human Rights Law: An Examination of the Debate." Israel Law Review 40, no. 2 (2007): 648–60. http://dx.doi.org/10.1017/s0021223700013467.
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This article provides a critical examination of the debate over the relationship between international humanitarian law and international human rights law. On the question surrounding the very fact of co-application, it appears that the dominant view supports the co-applicability of the two legal regimes. Opinion is however far from settled on the scope of application of international human rights law, especially insofar as it relates to the issue of extra-territorial applicability. The approach taken in the event of co-applying the two frameworks to specific circumstances, and whether and how one is to use the doctrine of lex specialis, reveals further questions in need of coherent answers. Finally, there remain particular areas in which the co-application faces challenges that must be surmounted, if it is to prove a useful approach. These include the issues of the so-called “war on terror,” the distinction between the jus ad bellum and the jus in bello, non-international armed conflicts, and more. Whilst the co-application of the two regimes is now almost undisputed, it appears therefore that obstacles remain that must be dealt with in order for the relationship of the regimes to be of a fully harmonious nature.
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Kirby, Michael. "Health, Law and Sexuality. Qui Cherche Trouve." Law in Context. A Socio-legal Journal 36, no. 2 (March 23, 2020): 1–5. http://dx.doi.org/10.26826/law-in-context.v36i2.105.
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This is the keynote address for the Bold Thinking Series event at the National Gallery of Victoria (NGV) Great Hall on 4 May 2017. The language of the oral delivery of this address has been retained. Amidst a rich historical context, the author explores the legal and moral complexities that lie at the intersection of law, sexuality and health. Drawing on his long-standing participation in many international bodies concerned with human rights, he discusses the many great wrongs perpetrated against LGTBQI communities both internationally and domestically, and highlights the challenges that countries around the world face to remove discrimination in laws, policies and culture. He emphasises by way of case examples, the physical, emotional and political harm that this has caused and will continue to cause if legislative and cultural change is not forthcoming. He concludes that equality before the law is a basic tenet of human rights, and that to the extent that Australia and other countries are not achieving equality, we must rise to the challenge and drive genuine change.
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Staiano, Fulvia. "Domestic Workers’ Human Rights Versus Diplomatic Immunity: Developments in International and National Jurisprudence." Italian Yearbook of International Law Online 22, no. 1 (2013): 201–20. http://dx.doi.org/10.1163/22116133-02201010.
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Diplomatic immunities significantly contribute to a protection gap for domestic workers in diplomatic households who are victims of egregious forms of exploitation and abuse, and thus, of serious human rights violations. The abuse of such immunities by diplomatic agents in order to shun judicial review by the courts of the receiving States constitutes indeed a serious obstacle to obtaining redress. The resulting conflict between international rules on immunity and domestic workers’ human rights epitomizes the increasingly frequent challenges posed by international human rights law to classic rules of international law, and raises the issue of how to find balanced solutions to such conflicts. Against this background, the uncertain and discretional character of diplomatic measures prevents them from constituting a tool of legal protection for domestic workers experiencing human rights violations. With that in mind, this contribution inquires on alternative remedies available in international and domestic law, with a specific focus on the relationship between international rules on immunities and two other bodies of law, i.e. international human rights law and peremptory norms of international law.
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Thompson, Andrew S. "Canada, human rights, and the future of the liberal international order." International Journal: Canada's Journal of Global Policy Analysis 73, no. 2 (June 2018): 299–307. http://dx.doi.org/10.1177/0020702018788550.
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Human rights—specifically international human rights law—have been central to the success of the liberal international order. But since the founding of the United Nations (UN), Canada has had a complicated relationship with international human rights law. This article provides a survey of sixty years of Canadian human rights diplomacy at the UN Commission on Human Rights, from its establishment in 1946 to its dissolution in 2006. During this period, there were moments when Canada did champion new international law, and did so courageously. Yet there were others, such as during negotiations to recognize and codify the rights of Indigenous peoples, when it stood in the way of progress. But the international order that has served Canada so well since the end of the Second World War is under threat, due to a combination of shifts in the global balance of power, and critical challenges such as climate change. If it is to survive into the twenty-first century, advanced democracies such as Canada will need to lead in the development and enforcement of international human rights law, a role that governments in Ottawa have at various times been reluctant to play.
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Pandey, Niyati. "Application of International Human Rights Law in Non-International Armed Conflicts: Contemporary Challenges and Road Ahead." Asian Journal of Research in Social Sciences and Humanities 7, no. 10 (2017): 307. http://dx.doi.org/10.5958/2249-7315.2017.00505.6.
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Footer, Katherine H. A., and Leonard S. Rubenstein. "A human rights approach to health care in conflict." International Review of the Red Cross 95, no. 889 (March 2013): 167–87. http://dx.doi.org/10.1017/s1816383113000349.
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AbstractAttacks on and interference with health care services, providers, facilities, transports, and patients in situations of armed conflict, civil disturbance, and state repression pose enormous challenges to health care delivery in circumstances where it is most needed. In times of armed conflict, international humanitarian law (IHL) provides robust protection to health care services, but it also contains gaps. Moreover, IHL does not cover situations where an armed conflict does not exist. This paper focuses on the importance of a human rights approach to addressing these challenges, relying on the highest attainable standard of health as well as to civil and political rights. In particular we take the Committee on Economic, Social and Cultural Rights General Comment No. 14 (on Article 12 of the International Covenant on Economic, Social and Cultural Rights) as a normative framework from which states' obligations to respect, protect and fulfil the right to health across all conflict settings can be further developed.
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Salomon, Margot E. "Towards a Just Institutional Order: A Commentary on the First Session of the UN Task Force on the Right to Development." Netherlands Quarterly of Human Rights 23, no. 3 (September 2005): 409–38. http://dx.doi.org/10.1177/016934410502300305.
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A novel mechanism that brings together human rights experts with the representatives of the international development, finance and trade institutions was recently established within the United Nations (UN) under the auspices of the Working Group on the Right to Development. At its first session, this High-Level Task Force adopted a range of recommendations on challenges to the Millennium Development Goals and on the importance of human rights impact assessments. In so doing, it took some initial steps towards integrating the international law of human rights, including the framework provided by the 1986 UN Declaration on the Right to Development, into the priority areas of these other international actors. The aim of this commentary is to provide insight into the conclusions adopted by the Task Force and to highlight the contribution of the human right to development to the topics under its consideration. It also seeks to reflect on the significance of human rights law to issues that were tabled, such as, accountability for human rights at the international level, international cooperation, economic growth, and trade-offs in the allocation of resources. In concluding that the Task Force must face head on the impediments to the realisation of human rights posed by the institutional arrangements for the governance of the international economic order, the article ends by offering suggestions for its future work.
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Medina, Cecilia. "Chile; Obstacles and Challenges for Human Rights." Netherlands Quarterly of Human Rights 10, no. 2 (June 1992): 109–29. http://dx.doi.org/10.1177/016934419201000202.
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Bisariyadi, Bisariyadi. "Referencing International Human Rights Law In Indonesian Constitutional Adjudication." Constitutional Review 4, no. 2 (December 31, 2018): 249. http://dx.doi.org/10.31078/consrev424.
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The power of the Indonesian Constitutional Court to review laws is a constitutional adjudication process. It is a forum to resolve constitutional issues where a citizen can challenge Law that has injured his rights. The Court's reasoning provides audiences with the debates for its deliberation. Audiences may find reference to the international human rights law. It is an interesting practice. However, there is no studies yet about the information on the statistic of the Court made reference to international human rights law. As such, this study aims to identify reference to international human rights law in the Court's decision on judicial review cases from 2003 to 2016. Additionally, this study also aims to answer the question of what underlies the Court to made reference to international human rights law. As many studies show, the objective of Constitutional Court's references to the international human rights law is to strengthen constitutional rights protection. Nonetheless, the Court did not pay any interests to the global agenda of transnational constitutionalism or a convergence of rights and legal pluralism. The article is divided into 5 (five) sections, commencing with the introduction. The second part discusses the status of international human rights law in Indonesia. As the third presents information on Court's decision which cited international human rights law. Then, the fourth presents typical function of the decision that made reference to international human rights law. It concluded that the practice of referring to international law demonstrates the open attitude of Indonesian constitutional justices to the universal nature of fundamental rights.
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Howe, Brendan, Boris Kondoch, and Otto Spijkers. "Normative and Legal Challenges to un Peacekeeping Operations." Journal of International Peacekeeping 19, no. 1-2 (September 23, 2015): 1–31. http://dx.doi.org/10.1163/18754112-01902001.
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The application of law and norms in military operations is complex. This article provides an overview of legal and normative aspects in un peace operations. It will focus on key challenges to un peace operations. First, it will review un peacekeeping from the perspective of international law. After providing an overview of the legal framework of un peacekeeping and the application of human rights law, international humanitarian law, and international criminal law, the article turns to issues related to the accountability and immunity of un peacekeepers. The final section addresses normative concepts including the responsibility to protect, the protection of civilians, human security and their relevance in regard to un peacekeeping.
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Kleemann, Steven. "Cyber Warfare and the “Humanization” of International Humanitarian Law." International Journal of Cyber Warfare and Terrorism 11, no. 2 (April 2021): 1–11. http://dx.doi.org/10.4018/ijcwt.2021040101.
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Cyber warfare is a timely and relevant issue and one of the most controversial in international humanitarian law (IHL). The aim of IHL is to set rules and limits in terms of means and methods of warfare. In this context, a key question arises: Has digital warfare rules or limits, and if so, how are these applicable? Traditional principles, developed over a long period, are facing a new dimension of challenges due to the rise of cyber warfare. This paper argues that to overcome this new issue, it is critical that new humanity-oriented approaches is developed with regard to cyber warfare. The challenge is to establish a legal regime for cyber-attacks, successfully addressing human rights norms and standards. While clarifying this from a legal perspective, the authors can redesign the sensitive equilibrium between humanity and military necessity, weighing the humanitarian aims of IHL and the protection of civilians—in combination with international human rights law and other relevant legal regimes—in a different manner than before.
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Cohen, Jean L. "Whose Sovereignty? Empire Versus International Law." Ethics & International Affairs 18, no. 3 (December 2004): 1–24. http://dx.doi.org/10.1111/j.1747-7093.2004.tb00474.x.
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This article focuses on the impact of globalization on international law and the discourse of sovereignty. It challenges the claim that we have entered into a new world order characterized by transnational governance and decentered global law, which have replaced “traditional” international law and rendered the concepts of state sovereignty and international society anachronistic. We are indeed in the presence of something new. But if we drop the concept of sovereignty and buy into the idea that transnational governance has upstaged international treaty organizations, we will misconstrue the nature of contemporary international society and the political choices facing us. In the contemporary context where there is a powerful imperial project afoot (on the part of the United States) that seeks to develop a useful version of global (cosmopolitan) right to justify its self-interested interventions, proposals to abandon the default position of sovereignty and its corollary, the principle of nonintervention in international law, are both premature and dangerous. Instead, we should rethink the normative dimensions of the concept of sovereignty in light of the new principle of sovereign equality articulated in the UN Charter, and show how it can complement cosmopolitan principles such as human rights and collective security. The task is to strengthen, not abandon, international law and supranational institutions, and to foster a global rule of law that protects both the sovereign equality of states, based on a revised conception of sovereignty, and human rights.
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PETERSMANN, ERNST-ULRICH. "Human Rights, Constitutionalism and the World Trade Organization: Challenges for World Trade Organization Jurisprudence and Civil Society." Leiden Journal of International Law 19, no. 3 (October 2006): 633–67. http://dx.doi.org/10.1017/s0922156506003505.
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Governments perceive UN human rights conventions and the law of the World Trade Organization (WTO) as separate legal regimes. WTO jurisprudence, by contrast, interprets WTO rules as parts of international law and may soon be confronted with legal claims that WTO obligations are to be construed with due regard to the human rights obligations of WTO members. The diverse constitutional traditions of WTO members, and their political opposition to linking WTO law to human rights, make it unlikely that WTO members will respond to the UN proposals for a ‘human rights approach to trade’ by adopting a WTO Declaration clarifying that WTO rules are flexible enough to be interpreted and applied in conformity with the human rights obligations of WTO members (section 1). Following the invitation by WTO Director-General Pascal Lamy to form ‘cosmopolitan constituencies’ in support of global public goods (like a rules-based world trading system), this article makes concrete proposals for the initiative by the International Law Association (ILA) to elaborate an ILA Declaration clarifying the complex interrelationships between trade law, human rights and WTO jurisprudence (section 2). As many human rights arguments presented in trade disputes in the EC Court and in the European Court of Human Rights could likewise be raised in WTO dispute settlement proceedings, the article examines whether the ‘constitutional methodologies’ applied by European courts offer lessons for further ‘constitutionalizing’ trade governance in the WTO in conformity with the human rights obligations of all WTO members.
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Alidadi, Katayoun, and Marie-Claire Foblets. "Framing Multicultural Challenges in Freedom of Religion Terms." Netherlands Quarterly of Human Rights 30, no. 4 (December 2012): 388–416. http://dx.doi.org/10.1177/016934411203000403.
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Multicultural challenges in Europe are being framed in human rights language, and in particular in terms of the freedom of thought, conscience and religion. The question is whether the practical case-by-case application of the fundamental right to freedom of religion in national and European case law facilitates a ‘deep (and normative) diversity’ in Europe or rather only allows space for a limiting or ‘conditioned diversity’ instead. While opening up possibilities for minorities to live out their lives in accordance to their deeply-held convictions, it seems to us that the human rights working frame in a predominantly ‘minimalist’ conception comes with its inherent limitations as to the management of Europe's religious diversity. While human rights purport to liberate and protect, they also impose conditions, criteria and standards that are grounded in a Western vision of law, society and religion. Religious minorities stand to gain from playing by the human rights rules as long as they accept to mould, shape and limit their claims to fit dominant conceptions, which perhaps diverge from their own understandings, needs and aspirations. Drawing on case law collected through the RELIGARE project network, this article aims to illustrate some of the limitations and confines that Europe's diverse communities face in the areas of the workplace, the public place, the family, and State support to religions.
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Gondal, Sana Taha. "Protection of Children Participating in Hostilities under International Humanitarian Law and Human Rights Law: Issues of Compliance by Non-State Actors." Journal of Law & Social Studies 2, no. 2 (December 31, 2020): 66–72. http://dx.doi.org/10.52279/jlss.02.02.6672.
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Children enjoy legal protection under international humanitarian law and international human rights law. In situations of armed conflict, children are granted not only general protection as civilians, but special protection as children. Several legal provisions exist in the Geneva Conventions and its Additional Protocols, along with the Convention on the Rights of Child and its Second Optional Protocol on Children in Armed Conflicts. However, despite the current legal framework providing protective rights to children, there are serious issues of compliance by non-state actors, particularly in reference to inducting and using child soldiers. This highlights several legal challenges to international humanitarian law vis a vis the diminished protection of children taking direct part in hostilities. This article discusses the current legal regime protecting children in armed conflict, who take direct and indirect part in hostilities. Thereafter, an analysis is made of situations of international and non-international armed conflicts and the difference in protections accorded to these children, respectively. Lastly, an analysis is made of the compliance mechanisms that may be developed for non-state actors under international humanitarian law to prevent recruitment of children for taking direct or indirect part in hostilities. The issues of compliance by non-state actors and possible responses to such challenges are also addressed.
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Costello, Cathryn, and Itamar Mann. "Border Justice: Migration and Accountability for Human Rights Violations." German Law Journal 21, no. 3 (April 2020): 311–34. http://dx.doi.org/10.1017/glj.2020.27.
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AbstractThis introductory Article sets out the premise of the Special Issue, the entrenched and pervasive nature of human rights violations in the context of migration control and the apparent lack of accountability for such violations. It sets out features of contemporary migration control practices and their legal governance that contribute to this phenomenon, namely the exceptional treatment of migration in international law; the limited scope of international refugee law; and the pervasive use of externalized, delegated migration controls, in particular by the EU and its Member States. The roots of the current condition are traced back to the containment practices that emerged at the end of the Cold War, with the 2015 “crisis” framed both as an illustration of the failures of containment, and a source of further stasis. Following an overview of the contributions that make up the Special Issue, this Article identifies five emergent themes, and suggests further lines of inquiry. These are: the promise and limits of strategic human rights limitations; the role of both international criminal law, and domestic (and regional) tort law in securing accountability; the turn to positive obligations to challenge entrenched features of containment; and the role of direct action in support of and solidarity with those challenging migration controls most directly, refugees and migrants themselves. Rather than offering panaceas, the Article concludes with the identification of further new challenges, notably the role of new technologies in further dissipating lines of accountability for decisions to exclude.
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Szuniewicz, Marta. "Problems and Challenges of the echr’s Extraterritorial Application to Law-Enforcement Operations at Sea." International Community Law Review 17, no. 4-5 (October 22, 2015): 445–73. http://dx.doi.org/10.1163/18719732-12341314.
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Recently the European Court of Human Rights has been challenged with questions concerning the scope of the State’s responsibility for violations of human rights that occurred on international waters. The complaints concern the international fight on illicit drug trafficking, piracy and illegal immigration. The analysed case law provides that occurrences on international waters constitute cases of extraterritorial jurisdiction and may engage responsibility of the State under the echr in the events that take place on board a vessel flying its flag (jurisdiction de iure) and in case of occurrences that happen on board foreign vessels, if the State exercises an effective control over a ship or its crew (jurisdiction de facto). Unfortunately, the Court’s findings prove difficult to follow in a few points as the judges applied the Strasboaurg standard too strictly, irrespective of the practical challenges of maritime law-enforcement operations and existing institutions of the law of the sea.