Relevant bibliographies by topics / 180114 Human Rights Law

Academic literature on the topic '180114 Human Rights Law'

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Published: 10 December 2022
Last updated: 28 January 2023

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Journal articles on the topic "180114 Human Rights Law"

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Тасіулас, Д. "Saving Human Rights from Human Rights Law." Philosophy of law and general theory of law, no. 1 (December 15, 2020): 172–215. http://dx.doi.org/10.21564/2227-7153.2020.1.219080.

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Boxberg, Miriam H., and Catherine E. Gascoigne. "Human Rights Law." Cambridge Journal of International and Comparative Law 3, no. 1 (2014): 221–28. http://dx.doi.org/10.7574/cjicl.03.01.157.

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Harpum, Charles. "Hunting rights and human rights." Cambridge Law Journal 58, no. 3 (November 1999): 461–99. http://dx.doi.org/10.1017/s0008197399283018.

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Malkhandi, Mita, and Akash Chatterjee. "Law and Human Rights." Shodh Sankalp Journal 1, no. 2 (June 1, 2021): 63–72. http://dx.doi.org/10.54051/shodh.2021.1.2.3.

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The overarching ambit of law today encompasses not only the custodian of protecting the fundamental rights of individuals but also the right to live with dignity. This dignity comes not only from ascribed rights that an individual is entitled to, but also with a right to fair survival. The current pandemic has shown not only how a microscopic virus can drive people out of employment and how environment is a supremely important factor to our survival. While health is both a duty and a right so is the Environment. Social Justice is not simply an aim of the legal system, but also a framework and fabric on which civilization is sustained. In this sense, human rights, or rather fundamental rights include more than the rights at the personal level, to even extend to those that come with a greater application. Chiefly this resides with the environment where a person is expected to live- not simply a place but a habitable safe and secure place, and with it comes the obligation to keep it protected and preserve it too. Hence the growing environmental and health concerns are equally significant domains covered under human rights. Researchers have attempted to bring a nexus between the rights and the situations that monitor rights through this paper.
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Moussa, Jasmine. "Overview: Human Rights Law." Cambridge Journal of International and Comparative Law 1, no. 2 (2012): 123–26. http://dx.doi.org/10.7574/cjicl.01.02.27.

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Ridi, Niccolò. "Overview: Human Rights Law." Cambridge Journal of International and Comparative Law 3, no. 1 (2014): 286–90. http://dx.doi.org/10.7574/cjicl.03.01.163.

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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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Hesselman, Marlies. "Human Rights Law (2018)." Yearbook of International Disaster Law 1, no. 1 (November 7, 2019): 398–408. http://dx.doi.org/10.1163/26662531-01001026.

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Hallett, Dominique. "RIGHTS! Civil and Human Rights Law Portal." DttP: Documents to the People 49, no. 1 (April 5, 2021): 7–8. http://dx.doi.org/10.5860/dttp.v49i1.7536.

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On September 1, 2020, LLMC, a non-profit Minnesota-based consortium of law libraries, launched the open-access portal RIGHTS! (http://www.llmc.com/rights/home.aspx). If you are looking for primary materials such as current constitutions, human/civil rights acts, Non-Governmental Organizations’ websites, advocacy organizations, and other resources specifically dealing with injustices regarding marginalized parties, this is the place to look. Their stated mission is preserving legal titles and government documents, while making copies inexpensively available digitally through its on-line service, LLMC-Digital (http://www.llmc.com/about.aspx). The original intent was to focus on primarily US and Canadian sources, as seen by the dropdown navigation on the left of the site, but the site also includes other international sources. The page opens at the “Civil and Human Rights Law Portal—Global,” which includes links to various government organizations, judicial information, non-governmental organizations, research and education resources and various documents from different countries. The RIGHTS! site can also be reached through the parent page (http://LLMC.com) with the link to RIGHTS! Located in the right-hand column. The RIGHTS! Portal is sponsored by the Vincent C. Immel Law Library at Saint Louis University.
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Cruft, Rowan. "Human Rights Law Without Natural Moral Rights." Ethics & International Affairs 29, no. 2 (2015): 223–32. http://dx.doi.org/10.1017/s0892679415000088.

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In this latest work by one of our leading political and legal philosophers, Allen Buchanan outlines a novel framework for assessing the system of international human rights law—the system that he takes to be the heart of modern human rights practice. Buchanan does not offer a full justification for the current system, but rather aims “to make a strong prima facie case that the existing system as a whole has what it takes to warrant our support of it on moral grounds, even if some aspects of it are defective and should be the object of serious efforts at improvement” (p. 173).
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Dissertations / Theses on the topic "180114 Human Rights Law"

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Al-Marzouqi, Abraheem Abdulla Muhammed. "Human rights in Islamic law." Thesis, University of Exeter, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.252974.

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Keith, Linda Camp. "The Law and Human Rights: Is the Law a Mere Parchment Barrier to Human Rights Abuse?" Thesis, University of North Texas, 1999. https://digital.library.unt.edu/ark:/67531/metadc2247/.

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This study is the first systematic global analysis of the impact of law on human rights, analyzing the impact of twenty-three constitution provisions and an international covenant on three measures of human rights behavior, over the period of 1976-1996. Three sets of constitutional provisions are analyzed, including 1) ten provisions for individual freedoms and due process rights, 2) nine provisions for elements of judicial independence and 3) four provisions that outline procedures for states of emergency. Additionally, the impact of the International Covenant on Civil and Political Rights on actual human rights behavior is analyzed. Each of these areas of law are evaluated individually, in multiple models in which different elements vary. For example, some models control for democracy with different measures, others divide the data into the Cold War and post-Cold War eras, and some test constitutional indices. Finally, all provisions are simultaneously analyzed in integrated models. Provisions for fair and public trials are consistently shown to decrease the probability of abuse. An index of four freedoms (speech, religion, association, and assembly) decreases the probability of abuse somewhat consistently. Three of the provisions for judicial independence are most consistent in reducing the probability of abuse: the provisions for exclusive judicial authority, for the finality of judges' decisions, and banning exceptional courts. Two of four states of emergency provisions decrease abuse as international lawyers have argued: the provisions for legislative declaration of the emergency and the ban against dissolving the legislature during an emergency. However, two of the provisions are shown to hurt human rights practices: the duration and the derogation provisions. The International Covenant on Civil and Political Rights does not demonstrate a statistically significant impact. While the performance of the constitutional provisions is less than legal scholars would hope, their combined impact over time are shown to be quite large, relative to the impacts of other factors shown to affect human rights abuse.
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Swanson, Alan D. "International human rights law and development : a human rights way to development." Thesis, University of Essex, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.341236.

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Youngs, Raymond. "A comparative law assessment of the contribution which German human rights law can make to English human rights law." Thesis, Kingston University, 2013. http://eprints.kingston.ac.uk/27783/.

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Legg, Andrew. "Deference in international human rights law." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:42fc2528-cf7c-4cd8-9ff6-0d0bd25b6220.

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Deference in international human rights law has provoked animated discussion, particularly the margin of appreciation doctrine of the European Court of Human Rights. Many commentators describe the practice of deference but do not explain how it affects judicial reasoning. Some approve characteristics of deference but do not provide a justification to defend the practice against criticism. Others regard deference as a danger to human rights because it betrays the universality of human rights or involves tribunals either failing to consider a case properly or missing an opportunity to set human rights standards. This thesis employs a different approach by focussing on deference as the practice of assigning weight to reasons for a decision on the basis of external factors. This approach draws on theories of second-order reasoning from the philosophy of practical reasoning. The thesis offers a conceptual account of deference that accords with the practice not only of the European Court of Human Rights, but also the Inter-American Court of Human Rights and the UN Human Rights Committee. Additionally the thesis presents a normative account of deference, that the role of these tribunals entails permitting a measure of diversity as states implement international human rights standards. Deference in international human rights law then is the judicial practice of assigning weight to the respondent states’ reasoning in a case on the basis of three factors: democratic legitimacy, the common practice of states and expertise. This affects judicial reasoning by impacting the balance of reasons in the proportionality assessment. The account defended in this thesis dispels concerns that deference is a danger to human rights, whilst providing a theory that justifies the practice of the tribunals. The thesis thus provides the contours of a doctrine of deference in each of the three international human rights systems.
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Metcalfe, Eric William. "Are cultural rights human rights? : a cosmopolitan conception of cultural rights." Thesis, University of Oxford, 2000. http://ora.ox.ac.uk/objects/uuid:c2002d1f-98de-4131-a758-58a8bb84d85d.

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The liberal conception of the state is marked by an insistence upon the equal civil and political rights of each inhabitant. Recently, though, a number of writers have argued that this emphasis on uniform rights ignores the fact that the populations of most states are culturally diverse, and that their inhabitants have significant interests qua members of particular cultures. They argue that liberals should recognize special, group-based cultural rights as a necessary part of a theory of justice in multicultural societies. In this thesis I examine the idea of special cultural rights. In the first part (Chapters 1 to 4), I begin by setting out some of the different conceptions of culture and multiculturalism that are involved in the debate over cultural rights. I then discuss three claims made by supporters of special cultural rights: (1) that having culture is an essential part of individual autonomy; (2) that people have morally significant interests qua members of particular cultures; and (3) that these interests are inadequately protected by existing liberal conceptions of human rights. Although I conclude that (1) is correct, I argue that both (2) and (3) are mistaken. Among other things, I suggest that the version of culture relied upon by supporters of special cultural rights is an implausible one and I outline what I take to be a more plausible, cosmopolitan conception of culture. In the second part (Chapters 5 to 9), I begin by looking at specific instances of cultural rights-claims, and analyzing the concept of cultural rights qua rights. I consider the practical and conceptual difficulties with special cultural rights at great length. But the core of my thesis is that our interest in culture lies in its contribution of worthwhile goals and options, and that this interest lies in culture generally rather than in particular cultures. Hence, adopting a special or group-based distribution of any right to culture would seem to be inconsistent with liberal egalitarian principles. If there are such things as cultural rights, I argue, they are general rather than special rights. I conclude by offering a very preliminary account of what a cosmopolitan conception of cultural rights might involve in the case of the right to free association and language rights.
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Al-Hamli, Ahmed Thani Juma. "Islam, democracy, and human rights : can universal human rights be applied in our relativistic world?" Thesis, University of Hull, 2006. http://hydra.hull.ac.uk/resources/hull:5842.

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This study mainly focuses on the compatibility of the international human rights with the diverse cultural and religious values of our world, in particular, the Islamic Shari'ah, consisting of values that not only extend across different regions but even form an important factor of legitimacy for most Islamic states. The study will extensively discuss the international conception of human rights and whether such rights are universal in character and hence applicable to all societies irrespective of their local values, or whether their local values are to a certain degree inevitable to establish real universal human rights with full realization of their essence. It will raise some religious and cultural matters that could form obstacles to the full realization of human rights, such as the complexity of the implementation of human rights under Islamic Shari'ah. It will also refer to traditional values and principles of the British common law, in which Parliament is the sovereign body accorded unrestrained power, which seems to pose the same difficulty that Islam could cause in human rights implementation. The study will demonstrate that the cultural tension with human rights is not exclusive to a certain culture but it is a result of the variety of diverse traditions of different nations that fonn our relativistic world. The study will suggest that although some of the local values of certain societies may raise tension with the principles and values of the current international trend of human rights, this does not mean that these local principles and values must be changed to comply. Rather, it may more appropriately be suggested that this developing notion of human rights should be reconsidered to make universal rights more universal and not relative to a certain regional part of the world.
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Weiß, Norman. "Stichwort: Der Menschenrechtsausschuß ((Human Rights Committee)." Universität Potsdam, 2002. http://opus.kobv.de/ubp/volltexte/2011/5516/.

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Fairclough, Thomas. "The Human Rights Act 1998 in constitutional context : the common law, the rule of law, and human rights." Thesis, University of Cambridge, 2019. https://www.repository.cam.ac.uk/handle/1810/285494.

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The Human Rights Act 1998 (HRA) is seen as a landmark piece of constitutional legislation that brought about many legal and political changes in the United Kingdom's human rights architecture. Yet the HRA is vulnerable to repeal; successive governments have promised to repeal or otherwise alter the HRA. In this climate, the Supreme Court has instructed counsel to argue common law rights first, with the HRA there to supplement and fill the gap on the occasions where the common law does not go as far as the HRA. The logical conclusion of this is that the Supreme Court, or at least some Justices, think that the common law adequately protects rights to a level near, if not the same as, the HRA does; the results of arguing the common law will often be the same as those resulting from reliance on the HRA. The academic commentary regarding these judicial statements has been far from enthusiastic. The consensus is that common law rights do not go as far as the HRA in terms of their width, that the enforcement mechanisms lack rigour compared to s 3 HRA and the proportionality principle, and that they are vulnerable to legislative override. Therefore, a loss of the HRA would be a loss for the legal protection of rights. This thesis disputes the conclusion stated in the foregoing paragraph. It argues that one has to view the vectors against which one can measure the potency of common law rights through the lens of the rule of law. This principle, the controlling factor in the constitution, promises protection against arbitrary behaviour by state actors because it embodies the value of equality of concern. Once this is appreciated, an entirely new dimension of common law rights becomes apparent; the reach of rights, their rigour of protection, and their constitutional resilience are revealed to be much stronger than orthodoxy suggests.
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Mayua, Jim Nzonguma. "Human rights and jus Cogens: Questioning the use of normative hierarchy theory in human rights law." Master's thesis, University of Cape Town, 2009. http://hdl.handle.net/11427/4718.

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A Jus cogens is a hierarchically superior norm 'from which no derogation is permitted'. This peremptory norm suggests that there is a hierarchy among rules relating to international law. As such the recent trend of placing human rights norms in the catalogue of jus cogens has had a significant impact on both domestic and international law. For instance, in Barcelona Traction, Light and power Co, Ltd (Belgium v Spain), the International Court of Justice (ICJ), when making a distinction between the obligation of states towards the international community as whole and those arising vis-Ñ -vis another state, held that the former are obligation erga omnes in view of their importance
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Books on the topic "180114 Human Rights Law"

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France. Le code civil français: Évolution des textes depuis 1804. Paris: Dalloz, 2000.

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Joachim, Hruschka, ed. Kant's Doctrine of right: A commentary. Cambridge: Cambridge University Press, 2010.

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Human rights law, human rights culture. Manila, Philippines: Published & distributed by Rex Book Store, 2014.

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Human rights law. Oxford: Oxford University Press, 2012.

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Bríd, Moriarty, Massa Eva, and Cotter Anne-Marie Mooney, eds. Human rights law. 2nd ed. Oxford: Oxford University Press, 2008.

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Edwin, Shorts, ed. Human rights law. Harlow, England: Pearson Longman, 2009.

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Human rights law. Oxford, United Kingdom: Hart Publishing, 2014.

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Gupta, Neena. Human rights law. [Toronto: Faculty of Law, University of Toronto], 1996.

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Gupta, Neena. Human rights law. [Toronto: Faculty of Law, University of Toronto], 1996.

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Howard, Davis. Human rights law. Harlow, Essex, England: Pearson Longman, 2012.

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Book chapters on the topic "180114 Human Rights Law"

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Arosemena, Gustavo. "Human Rights." In Introduction to Law, 303–29. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-57252-9_13.

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Arosemena, Gustavo. "Human Rights." In Introduction to Law, 261–86. Cham: Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-06910-4_12.

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Monaghan, Chris. "Human Rights III." In Public Law, 601–20. London: Routledge, 2021. http://dx.doi.org/10.4324/9780429293498-16.

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Monaghan, Chris. "Human Rights I." In Public Law, 505–61. London: Routledge, 2021. http://dx.doi.org/10.4324/9780429293498-14.

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Monaghan, Chris. "Human Rights II." In Public Law, 563–99. London: Routledge, 2021. http://dx.doi.org/10.4324/9780429293498-15.

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Odon, Daniel Ivo. "Human rights law." In Armed Conflict and Human Rights Law, 29–63. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003170778-3.

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Alkiviadou, Natalie. "Human Rights Law." In The Far Right in Greece and the Law, 67–74. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003289302-3.

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Klug, Heinz. "Human Rights." In The Handbook of Law and Society, 291–306. Hoboken, NJ: John Wiley & Sons, Inc, 2015. http://dx.doi.org/10.1002/9781118701430.ch19.

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Tiedemann, Paul. "Social Human Rights." In Springer Textbooks in Law, 269–93. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-42262-2_15.

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Tiedemann, Paul. "Fake Human Rights." In Springer Textbooks in Law, 313–28. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-42262-2_17.

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Conference papers on the topic "180114 Human Rights Law"

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Widiyono, Try, and Hamdan Azhar Siregar. "The Relationship Between Human Basic (Human Rights) Obligations and Human Rights." In International Conference on Law Reform (INCLAR 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200226.031.

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Firdaus, Oksimana Darmawan, and Yuliana Primawardani. "Constructing Human Rights Justiciability in Human Rights Courts in Indonesia." In 1st International Conference on Law and Human Rights 2020 (ICLHR 2020). Paris, France: Atlantis Press, 2021. http://dx.doi.org/10.2991/assehr.k.210506.017.

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Belyaeva, Elena. "REPRODUCTIVE HUMAN RIGHTS." In SGEM 2014 Scientific SubConference on POLITICAL SCIENCES, LAW, FINANCE, ECONOMICS AND TOURISM. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b21/s5.102.

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Višekruna, Aleksandra. "PROTECTION OF RIGHTS OF COMPANIES BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS." In PROCEDURAL ASPECTS OF EU LAW. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2017. http://dx.doi.org/10.25234/eclic/6524.

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Gulati, Jasmeet. "IS OTHERING ANTITHETICAL TO HUMAN RIGHTS?" In 2nd Law & Political Science Conference, Prague. International Institute of Social and Economic Sciences, 2018. http://dx.doi.org/10.20472/lpc.2018.002.004.

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Vodianitskii, V. A. "Human rights activities of law enforcement officials." In ТЕНДЕНЦИИ РАЗВИТИЯ НАУКИ И ОБРАЗОВАНИЯ. НИЦ «Л-Журнал», 2018. http://dx.doi.org/10.18411/lj-06-2018-60.

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Bitar, Eduardo. "Technique, dehumanization and Human Rights." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_wg128_01.

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Nussdorfer, Vlasta. "Protection of Human Rights in Case of Emergency." In 26th Conference Medicine, Law & Society. University of Maribor Press, 2017. http://dx.doi.org/10.18690/978-961-286-021-9.13.

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Zahroni, Zahroni, and Faisal Santiago. "Ulayat Rights in A Human Rights Perspective." In Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2021, March 6th 2021, Jakarta, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.6-3-2021.2306456.

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Sa-ngimnet, Pattaka. "Thai Wives, Marriage Brokers and Human Rights Law." In Annual International Conference on Political Science, Sociology and International Relations. Global Science & Technology Forum (GSTF), 2014. http://dx.doi.org/10.5176/2251-2403_pssir14.23.

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Reports on the topic "180114 Human Rights Law"

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S. Abdellatif, Omar. Localizing Human Rights SDGs: Ghana in context. Raisina House, June 2021. http://dx.doi.org/10.52008/gh2021sdg.

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In September 2015, Ghana along all UN member states endorsed the Agenda 2030 Sustainable Development Goals (SDGs) as the cardinal agenda towards achieving a prosperous global future. The SDGs are strongly interdependent, making progress in all goals essential for a country’s achievement of sustainable development. While Ghana and other West African nations have exhibited significant economic and democratic development post-independence. The judiciary system and related legal frameworks, as well as the lack of rule law and political will for safeguarding the human rights of its citizens, falls short of considering violations against minorities. Will Ghana be able to localize human rights related SDGs, given that West African governments historically tended to promote internal security and stability at the expense of universal human rights? This paper focuses on evaluating the commitments made by Ghana towards achieving Agenda 2030, with a particular focus on the SDGs 10 and 16 relating to the promotion of reduced inequalities, peace, justice and accountable institutions. Moreover, this paper also analyzes legal instruments and state laws put in place post Ghana’s democratization in 1992 for the purpose of preventing discrimination and human rights violations in the nation. The article aims to highlight how Ghana’s post-independence political experience, the lack of rule of law, flaws in the judiciary system, and the weak public access to justice are obstacles to its effective localization of human rights SGDs. Those obstacles to Ghana’s compliance with SDGs 10 and 16 are outlined in this paper through a consideration of human rights violations faced by the Ghanaian Muslim and HIV minorities, poor prison conditions, limited public access to justice and the country’s failure to commit to international treaties on human rights. Keywords: Ghana, human rights, rule of law, security, Agenda 2030
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Hicks, Jacqueline. Drivers of Compliance with International Human Rights Treaties. Institute of Development Studies (IDS), August 2021. http://dx.doi.org/10.19088/k4d.2021.130.

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Are international human rights treaties associated with better rights performance? The appetite for a conclusive answer has driven a number of large scale quantitative studies that have broadly shown little or no effect, and sometimes even a backsliding. However, the headline conclusions belie much more complicated findings, and the research methods used are controversial. These issues undermine confidence in the findings. Comparative and individual case studies allow for more detailed information about how domestic human rights activists use international human rights laws in practice. They tend to be more positive about the effect of treaties, but they are not as systematic as the quantitative work. Some indirect measures of treaty effect show that the norms contained within them filter down into domestic constitutions, and that the process of human rights reporting at the UN may be useful if dialogue can be considered an a priori good. It is likely that states are driven to comply with human rights obligations through a combination of dynamic influences. Drivers of compliance with international law is a major, unresolved question in the research that is heavily influenced by the worldview of researchers. The two strongest findings are: Domestic context drives compliance. In particular: (1) The strength of domestic non-governmental organisations (NGOs), and links with international NGOs (INGOs), and (2) in partial and transitioning democracies where locals have a reason to use the treaties as tools to press their claims. External enforcement may help drive compliance when: (1) other states link human rights obligations in the treaties to preferential trade agreements, and (2) INGOs ‘name and shame’ human rights violations, possibly reducing inward investment flows from companies worried about their reputation. Scholars also identify intermediate effects of continued dialogue and norm socialisation from the UN’s human rights reporting processes. Interviews with diplomats involved in UN reporting say that the process is more effective when NGOs and individual governments are involved.
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Harris, Jody, Sarah Gibbons, O’Brien Kaaba, Tabitha Hrynick, and Ruth Stirton. A ‘Right to Nutrition’ in Zambia: Linking Rhetoric, Law and Practice. Institute of Development Studies (IDS), August 2021. http://dx.doi.org/10.19088/ids.2021.051.

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Zambians in all walks of life are affected by malnutrition, and working through human rights is one key way to address this injustice. Based on research aiming to understand how a ‘right to nutrition’ is perceived by different actors globally and in Zambia, this brief presents a clear framework for a rights-based approach to nutrition in Zambia. This framework identifies rhetorical, legal and practical functions of human rights, and offers a way to think through clearly how different actors might work on the different aspects of rights. Addressing these three aspects of a right to nutrition all together – instead of by very separate constituencies as happens now – is fundamental to a coherent rights-based approach to nutrition. This brief outlines which actors need to come together – from law and policy, activism and communities, across global, national and local levels – and suggests how to start. It lays out the Zambian policy, legal and practical environment as it stands, and suggests actions to move forward in each of these areas in ways that are consistent with the different aspects of rights. Through these steps, Zambia can become known as a hub of action on a right to nutrition, to join with others in using human rights to address the injustice of malnutrition.
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Burniske, Jessica, Naz Modirzadeh, and Dustin Lewis. Armed Non-State Actors and International Human Rights Law: An Analysis of the Practice of the U.N. Security Council and U.N. General Assembly. Harvard Law School Program on International Law and Armed Conflict, June 2017. http://dx.doi.org/10.54813/gtze6629.

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Lozano, Alejandra, and Tom Bagshaw, eds. Women’s Participation in the Energy Transition, A Human Rights Approach to Women’s Participation in the Energy Transition. Chair Magdalena Sepúlveda Carmona and Rodrigo Echecopar. GI-ESCR, November 2021. http://dx.doi.org/10.53110/jptp9201.

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This new publication, Women’s Participation in the Energy Transition, analyses the status of women’s representation and engagement in the global push to transform our energy systems in the face of the climate emergency, while developing a human rights approach to ensure women’s meaningful participation in this process. This new briefing paper provides an overview of the current trends of women’s participation in the rapidly evolving renewable energy sector, as well as normative tools and policy recommendations to use human rights law as a compass for developing energy systems that are not only renewable, but socially and gender-just.
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Idris, Iffat. LGBT Rights and Inclusion in Small Island Developing States (SIDS). Institute of Development Studies (IDS), February 2021. http://dx.doi.org/10.19088/k4d.2021.067.

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This review looks at the extent to which LGBT rights are provided for under law in a range of Small Island Developing States (SIDS), and the record on implementation/enforcement, as well as approaches to promote LGBT rights and inclusion. SIDS covered are those in the Caribbean, Pacific, and Atlantic-Indian Ocean-South China Sea (AIS) regions. The review draws on a mixture of grey literature (largely from international development agencies/NGOs), academic literature, and media reports. While the information on the legal situation of LGBT people in SIDS was readily available, there was far less evidence on approaches/programmes to promote LGBT rights/inclusion in these countries. However, the review did find a number of reports with recommendations for international development cooperation generally on LGBT issues. Denial of LGBT rights and discrimination against LGBT people is found to varying extents in all parts of the world. It is important that LGBT people have protection in law, in particular the right to have same-sex sexual relations; protection from discrimination on the grounds of sexual orientation; and the right to gender identity/expression. Such rights are also provided for under international human rights conventions such as the Universal Declaration of Human Rights, while the Sustainable Development Goals are based on the principle of ‘leave no one behind'.
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Ferreira, Nuno, Judith Townend, William McCready, Erika Carrière, Hannah Farkas, and Samantha Robinson. Developing a cost-free legal advice service for asylum seekers and migrants in Brighton and Hove. University of Sussex Migration Law Clinic, November 2022. http://dx.doi.org/10.20919/wptu7861.

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In 2018, a team of University of Sussex undergraduate law students working under the supervision of academic staff, conducted the Migration Law Clinic Pilot Study. This was in response to growing and grave concerns about the lack of availability of legal support and services for those seeking asylum and other forms of leave to remain in the UK. These concerns have only heightened in the intervening period: most recently, in response to the government’s publication of a draft Bill of Rights to repeal and replace the Human Rights Act 1998, which would make it much more difficult for potential deportees to rely on Article 8 of the European Convention on Human Rights (ECHR) to prevent removal and might have a wider impact on the rights and status of vulnerable groups of migrants in the UK; and, among other initiatives, the government’s intention to involuntarily relocate asylum seekers to Rwanda, which will then be responsible for processing the asylum claim and for providing asylum in successful cases. The purposes of the study were: i) To better understand some of the challenges faced by asylum seekers and vulnerable migrants living in Brighton and Hove when applying for asylum, and other forms of leave to remain and leave to enter. ii) To identify the extent and reasons for any shortfall in cost-free immigration and asylum law advice and representation in Brighton and Hove. iii) To gauge whether there was demand for additional free legal advice in the form of a university law clinic, specialising in immigration and asylum law. The team undertook a review of the legal framework that governs the provision of legal aid for immigration and asylum law matters and of relevant academic commentary on its impact. The team also gathered new empirical data based on interviews with a range of local stakeholders. This report sets out the team’s findings, describes how it informed the development of the clinic, and makes recommendations both for the further development of the Clinic and for changes to the provision of legal aid. Finally, it offers advice to other universities contemplating setting up their own clinic in this area.
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Papastergiou, Vasilis. Detention as the Default: How Greece, with the support of the EU, is generalizing administrative detention of migrants. Oxfam, Greek Council for Refugees, November 2021. http://dx.doi.org/10.21201/2021.8250.

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Putting migrants and asylum seekers into detention for administrative reasons is a common practice in Greece, despite this policy contravening human rights. Greek authorities are using detention and the new EU-funded closed compounds as a way to discourage people from seeking asylum in Europe. Detention, as outlined in Greek law, should only be used as a final resort and only then in specific instances. Detention carries with it not only a financial cost, but also a considerable moral cost. Detention without just cause violates basic human rights, such as freedom of movement, the right to health and the right to family life. Alternatives to detention exist and must be prioritized.
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Mazurkiewicz, Marek. ECMI Minorities Blog. German minority as hostage and victim of populist politics in Poland. European Centre for Minority Issues, February 2022. http://dx.doi.org/10.53779/fhta5489.

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On 4 February 2022, the Polish Journal of Laws published a new ordinance of the Minister of Education and Science, implementing cuts in the funding of education of German as a minority language. Consequently, the hourly length of such lessons will be significantly reduced. This regulation applies exclusively to the German minority, and the official motive for introducing discriminatory measures is to improve the situation of Polish diaspora in Germany. This is the first time after 1989 when the Polish state authorities introduce a law limiting the rights of Poland’s citizens belonging to a national minority (in this situation children), as a retaliation for the alleged situation of a kin-community elsewhere. Importantly, the adopted regulations are not only discriminatory towards one of the minorities; their implementation may in fact contribute to the dysfunctionality of the entire minority education system in Poland. This is also an obvious violation of the constitutional principle of equality before the law, the right of minorities to ‘maintain and develop their own language’, international standards of minority rights protection, as well as a threat to the very functioning of human rights protection mechanisms in the country.
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Ochab, Ewelina U. Addressing Religious Inequalities as a Means of Preventing Atrocity Crimes: The Case of the Uyghur Genocide. Institute of Development Studies (IDS), July 2021. http://dx.doi.org/10.19088/creid.2021.009.

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There is a big distance between religious inequalities and atrocity crimes. Indeed, religious inequalities do not necessarily lead to atrocity crimes; however, in certain cases they can. Examples of cases that portray this progression are those of Yazidis and Christian minorities in Iraq, and the Rohingya community in Myanmar. In certain situations, analysing religious inequalities can help to identify risk factors of genocidal atrocities, so a question that naturally arises is: can addressing religious inequalities help to mitigate and prevent atrocity crimes based on religion or belief? This paper focuses on the situation of the Uyghur population in China, where they are being persecuted for their religion or belief. It considers the law on freedom of religion or belief and other laws affecting the enjoyment of rights by Uyghurs in China as the foundation of religious inequalities. The paper further considers the deterioration of the Uyghurs’ circumstances by analysing some of the recent reported treatment of them against frameworks relevant to atrocity crimes, namely the UN Framework of Analysis for Atrocity Crimes and the Jacob Blaustein Institute for the Advancement of Human Rights Compilation of Risk Factors and Legal Norms for the Prevention of Genocide.
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