Relevant bibliographies by topics / Domestic human rights law

Academic literature on the topic 'Domestic human rights law'

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Published: 10 December 2022
Last updated: 29 January 2023

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Journal articles on the topic "Domestic human rights law"

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Welch, Ryan M. "National Human Rights Institutions: Domestic implementation of international human rights law." Journal of Human Rights 16, no. 1 (October 30, 2015): 96–116. http://dx.doi.org/10.1080/14754835.2015.1103166.

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Stürmer, Gilberto. "HUMAN RIGHTS AND LABOR LAW." Novos Estudos Jurí­dicos 24, no. 3 (December 9, 2019): 721. http://dx.doi.org/10.14210/nej.v24n3.p721-735.

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This text addresses the right to work, and labor law based on the Protocol of San Salvador, which is part of the American Convention on Human Rights, also called the Pact of San José, Costa Rica. The aims of Labor and labor legislation within the scope of human rights, and also in Brazilian constitutional system as part of the fundamental rights and guarantees, is to achieve a Democratic State of Law and social justice, which are the basis of a fair and fraternal society. This investigation is linked to positive or negative social impact of the regulations on the right to work and labor law, both within the domestic legal system (such as rights and fundamental principles), and internationally, as human rights (especially in the Protocol of San Salvador). This work therefore aims to demonstrate that the regulation of the right to work and labor law is part of a broad social context of rights.
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Kosař, David, and Lucas Lixinski. "Domestic Judicial Design by International Human Rights Courts." American Journal of International Law 109, no. 4 (October 2015): 713–60. http://dx.doi.org/10.5305/amerjintelaw.109.4.0713.

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Regional human rights courts in Europe and the Americas came into being in the wake of World War II. The European Court of Human Rights (ECHR) and Inter-American Court of Human Rights (IACHR) were established in order to adjudicate on alleged violations of the rights of individuals. Yet, since their inception these courts have also influenced other areas of international law. A part from their impact on general international law, their case law has had significant spill over effects on international criminal law, international refugee law, international environmental law, the law of armed conflicts, and the law of the sea.
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Demir, Ebru. "The European Court of Human Rights’ Engagement with International Human Rights Instruments: Looking at the Cases of Domestic Violence." Age of Human Rights Journal, no. 17 (December 17, 2021): 79–96. http://dx.doi.org/10.17561/tahrj.v17.6347.

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In its recent jurisprudence on domestic violence, the European Court of Human Rights started to examine the domestic violence cases in the light of relevant international human rights law developed in this specific area. This article examines the engagement of the European Court of Human Rights with other international and regional human rights instruments in domestic violence cases. Upon examination, the article concludes that by integrating its case law into international human rights law the European Court of Human Rights broadens the scope of protection for domestic violence victims and maintains the unity of international law.
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Human Rights Law in Africa, Editors. "VOLUME TWO: DOMESTIC HUMAN RIGHTS LAW IN AFRICA." Human Rights Law in Africa Online 2, no. 1 (2004): xxi—859. http://dx.doi.org/10.1163/221160604x01052.

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Wilson, Roland. "The domestic impact of international human rights law." Commonwealth Law Bulletin 19, no. 3 (July 1993): 1246–51. http://dx.doi.org/10.1080/03050718.1993.9986302.

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Wilson, Ronald. "The Domestic Impact of International Human Rights Law." Australian Journal of Forensic Sciences 24, no. 3-4 (December 1992): 57–64. http://dx.doi.org/10.1080/00450619209411041.

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Bjorge, Eirik. "COMMON LAW RIGHTS: BALANCING DOMESTIC AND INTERNATIONAL EXIGENCIES." Cambridge Law Journal 75, no. 2 (May 2, 2016): 220–43. http://dx.doi.org/10.1017/s0008197316000258.

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AbstractThe protection of human rights through common law principles and values has a greater potential than has been recognised hitherto. First, the adoption at common law of the proportionality test of interferences with rights shows that, when human rights are at issue, the courts will apply an exigent test, allowing interferences only if, amongst other things, a less intrusive measure could not have been used. Secondly, the principle of legality, along with common law constitutionalism as developed recently by the Supreme Court, now means that there is a common law pendant to the rule in s. 3(1) of the Human Rights Act 1998. Thirdly, in cases where the protection offered by the Act is displaced by obligations under the Charter of the United Nations, there is no displacement of common law rights, which continue to operate. Fourthly, common law rights are more open to the influences of the customary international law of human rights than are Convention rights. These factors combine to mean that the future of common law rights is an auspicious one.
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Karagiannakis, Magdalini. "State Immunity and Fundamental Human Rights." Leiden Journal of International Law 11, no. 1 (March 1998): 9–43. http://dx.doi.org/10.1017/s0922156598000028.

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Should state immunity from jurisdiction be denied to states that violate fundamental human rights in breach of international law? This article critically discusses three analytical approaches which can be used to answer the question at the level of international law. These approaches are derived from a review of principles of state immunity and fundamental human rights, including ius cogens. The article goes on to examine why the results dictated by these approaches at the level ot international law may not be reflected by municipal legal systems, using US domestic statutes and case law as an example of how a domestic legal system has dealt with this question.
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Enonchong, Laura-Stella. "International Constitutional Law and Judicial Review of Domestic Human Rights Legislation." ICL Journal 13, no. 2 (September 25, 2019): 87–118. http://dx.doi.org/10.1515/icl-2018-0064.

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Abstract This article discusses the idea of international human rights law as ‘constitutional law’. It applies the French concept of Le contrôle de conventionnalité des lois, to demonstrate the constitutional potentials of international human rights law in the domestic sphere. In most monist constitutional systems based on the French civilian model, international law takes precedence over acts of parliament and other domestic legislation. Due in part to that hierarchy, conventionnalité permits the courts to review domestic law for compatibility with international law. From that perspective, international human rights norms can be said to have assumed a ‘para-constitutional’ function. Using two case studies from francophone Africa, this article argues that conventionnalité has the potential to play a significant role in the domestic implementation of international human rights and ultimately contributing to a more comprehensive domestic human rights regime.
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Dissertations / Theses on the topic "Domestic human rights law"

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Eick, Christophe N. "Enforcing international human rights law in domestic courts." Thesis, McGill University, 1987. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=63973.

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Malkani, Bharat. "The judicial use of non-domestic human rights law." Thesis, University of Bristol, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.520220.

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Amit, Roni. "Judges without borders : international human rights law in domestic courts /." Thesis, Connect to this title online; UW restricted, 2004. http://hdl.handle.net/1773/10732.

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Fernandes, Joao Miguel de Brito Pinto. "Enforcement of international human rights law in domestic courts in Mozambique and Ghana." Diss., University of Pretoria, 2005. http://hdl.handle.net/2263/1143.

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"The domestic courts have not been able to enforce international human rights in Mozambique and there are no institutions to address the concerns of victims of human rights abuses. A limited number of NGO's operating in the field of human rights play a role, which is not significant considering the number. Several factors, for example, the lack of knowledge of international human rights instruments by the people in charge of administration of justice such as judges, prosecutors, or even lawyers and legal assistants, may explain this. The present paper is an attempt to explore why the international human rights norms are not enforced in the Mozambican legal system; this will be done in a comparison with the situation [in] Ghana. ... This paper is structured in five chapters. Chapter one is the introductory chapter, it essentially introduces the topic, discusses the manner in which the research will be caried out, namely the methodological approach used, literature review, objectives of the study and its limitations, [and] last but not least, it outlines the research questions and the hypothesis. Chapter two gives the definitions of the main concepts used in this paper; it goes further in discussing the relationship between national law and international law focusing [on] the theories of monism and dualism. It also analyses the constitutional provisions dealing with international law in the Mozambican and Ghanaian legal order in the light of the monist and dualist theories. Chapter three discusses the sources of international human rights law and their implications [for] the enforcement of internationl human rights law in domestic courts. It goes further by discussing the principles governing domestic applicability of international human rights law and finally discusses the obstacles to the enforcement. Chapter four is the case study of this paper: it analyses how international human rights law is enforced by domestic courts in Mozambique and Ghana and several other aspects around the judiciary and the international human rights law training. Chapter five finally draws conclusions and gives recommendations on what should be done to ensure the enforcement of international human rights law in domestic courts." -- Introduction.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.
Prepared under the supervision of Professor Kofi Quashigah at the Faculty of Law, University of Ghana
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Overmeyer, Nina. "Domestic Violence as a Violation of the European Convention on Human Rights : The Application of Articles 3 and 8 by the European Court of Human Rights in Cases Concerning Domestic Violence." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-94621.

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Al-Rodiman, Abdulaziz. "The application of Shari’ah and international human rights law in Saudi Arabia." Thesis, Brunel University, 2013. http://bura.brunel.ac.uk/handle/2438/7578.

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The present dissertation provides an analytical and comparative study of the application of Islamic law (Shari’ah) and international human rights law in the Kingdom of Saudi Arabia. It provides an analysis of the sources of Islamic law as well as the sources of international law to set the background for analysis and defines the nature of both laws. It also tackles the subject of the domestic application of international human treaties in Saudi Arabia. In addition, it examines some reservations Saudi Arabia has entered to some of the international human rights treaties it has ratified, specifically the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC). It also sheds some light on the political, cultural and religious obstacles to the realisation of norms protected by international human rights treaties in the country, and in other countries for that matter, clearly stating the impossibility of implementing the provisions of the international human rights treaties in their entirety. This is due to the various political and legal developments towards the internationalization of the concept of human rights. It observes that despite the existence of the international human rights treaties, which aim at reinforcing a universal realisation of international human rights, these rights cannot be possibly realised by all countries. To stress the importance Saudi Arabia attaches to the issue of human rights, the dissertation discusses some rights of women before Saudi courts in family matters, an issue which has been criticised by some international human rights treaties, and examines to what extent the country has managed to tackle the issue of domestic violence, particularly violence against women. It provides an overview of the major causes of domestic violence against women in Saudi Arabia, presents some cases of domestic violence before Saudi courts and sheds some light on the measures taken by the Saudi government to combat domestic violence against women. It also tackles this issue both in the international and domestic legal frameworks, clearly stating the Islamic standpoint on the issue, namely that Islamic law, and Saudi Arabia for that matter, whose laws are essentially derived from the two main sources of Shari’ah. It also discusses the common forms of violence against women in Saudi Arabia and suggests a number of recommendations towards more effective protection of women against violence in the country. The dissertation concludes by presenting a number of obstacles in the way of executing judicial decisions in the Kingdom as well as the obstacles which negatively affect the performance of the new code of law practice. It also presents some recommendations concerning personal status law obstacles and hindrances to progress and attempts to answer the research questions it has posed.
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Ndayikengurukiye, Michel. "The international human rights law as a source of law in the Burundian judicial system." Diss., University of Pretoria, 2005. http://hdl.handle.net/2263/1154.

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"The enjoyment of all human rights by all persons is the ultimate horizon of democracy. It is generally admitted that democratic societies are less likely to violate human rights. The good human rights records of these societies can be justified, among others, by the promotion of a strong legal culture, which provides procedural avenues for allocating responsibility for human rights violations. Thus, the protection of human rights follows from the functions of law in society, and the nature of human rights claims. At the national level, human rights are protected by both domestic and international mechanisms. Therefore, the human rights claims should be based on violations of either domestic law or relevant provisions of operational international human rights instruments. However, most of the time this is not the case, especially in Africa. Many African states have ratified several international human rights instruments, but the record of the way the latter are applied in their respective judicial systems remains very poor. This study aims to analyse the case of Burundi, one of these state whose judicial system only rarely applies international human rights instruments in spite of the importance devoted to them by the Constitution. It must be understood that international human rights as a source of law will be referred to, in this study, both as a source of rights and as a source of interpretation of domestic human righs instruments such as the Bill of Rights. ... Chapter one will set out the content of the research, identify the problem and outline the methodology. Chapter two will focus on the status of international law in domestic legal systems. It will highlight the theories that have been used to determine the relationship between international and domestic law in general. Chapter three will analyse on basis of some samples of cases how the Burundian courts interpret and apply international human rights instruments. Chapte four discusses the role played by the Burundian lawyers in the enforcement of these instruments. Chapter five will draw [a] conclusion and recommendations." -- Introduction.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.
Prepared under the supervision of Professor Grace Patrick Tumwine-Mukubwa at the Faculty of Law, Makerere University in Kampala, Uganda
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Macarchuk, Ashley. "The Effect of International NGOs on Influencing Domestic Policy and Law." Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/cmc_theses/1866.

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This thesis attempts to understand the impact of international human rights and environmental NGOs on affecting domestic policy and law. In particular, it looks at how State-NGO relations, civil society, and accountability affect the success of international NGOs in enacting change in domestic policy. The focus is on four countries with some of the largest human rights and environmental abuses: Argentina, China, India, and Russia. Through these countries, this thesis shows that NGOs have the most influence when State-NGO relations are strong, civil society is active, and NGOs are accountable to both the State and citizens. A key component to the success of international NGOs is the State’s willingness to change. When a NGOs interests align with the State, NGOs are able to push for and achieve the largest results. The contrast between the success of human rights and environmental NGOs highlights this as many times States will not recognize their human rights abuses, but are willing to improve their environmental degradation. As a result, NGOs have been met with more success in advocating for change in environmental policy than human rights.
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Bjorge, Eirik. "A theory of national application of the European Convention on Human Rights." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:886adfa8-c036-415c-9268-cc1f828792a5.

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This study seeks to flesh out a theory of national application of the European Convention on Human Rights (ECHR). It does so by seeking to provide an answer to the research question, ‘what is the proper role of the domestic courts in the application of the European Convention?’ By relying upon the examples of French, German, and UK law, the study argues that it is not true in descriptive terms, nor desirable in normative terms, that the domestic courts take an approach to the ECHR based upon friction and assertion of sovereignty. This study argues instead that domestic application of the ECHR is built on the attainment of certain aims. These aims are inferred, in the main, from the domestic courts’ jurisprudence, such as it relates to four central ECHR doctrines, and they are: the doctrines of evolutionary interpretation; proportionality; the margin of appreciation; and autonomous concepts. On the basis of an analysis of this jurisprudence, the four aims are identified as being, first, honouring the principle of pacta sunt servanda; secondly, the safeguarding of human rights based upon the insight that human rights are a paramount good to be pursued; thirdly, the aim of positive, as opposed to negative, rights diversity; and, fourthly, the aim that conclusions reached on the domestic level of one state must be capable of being universalized. The approach of the domestic courts to the application of the ECHR can be explained on the basis of the domestic courts’ wish to attain these four aims. The proper role played by the domestic courts, the study argues, is one in which they are willing to give a lead to Strasbourg as well as to be led, in both, to use the wording of the Preamble of the ECHR, ‘the maintenance’ and in the ‘further realisation’ of the Convention rights.
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Tshosa, Onkemetse Baster. "Some legal aspects of the incorporation of international human rights law into domestic laws of Botswana, Namibia and Zimbabwe." Thesis, University of Edinburgh, 1999. http://hdl.handle.net/1842/22701.

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This thesis is a critical analysis of the incorporation and role of international human rights law in the municipal laws of Botswana, Namibia and Zimbabwe. It adopts a comparative approach. This approach is predicated on the following similarities between the three countries. These countries have inherited the same Roman-Dutch common law from the erstwhile colonial Powers, they have entrenched Bills of Rights in their respective national Constitutions and there is an emerging judicial practice of invoking and relying upon international human rights law in interpreting national law. The areas examined are: the dominant theories on the relationship between international law and national law, colonial legal legacy, the reception and status of international human rights law in the pre-independence era, the domestic status of international law at independence and new departures, if any, from the colonial legacy, and the practice of each of these counties in relation to these theories in the post-independence legal order. As regards the latter, the study examines the extent to which Namibian monist theory adopted at independence and the monist-dualist inherited legacy of Botswana and Zimbabwe have been applied since independence in national law particularly by the judiciary in the enforcement of human rights law. A comparison is made between the countries in question in order to assess the relevance of classical monism and dualism in the domestic application of international human rights law. In particular, the thesis examines the extent to which the common theoretical approach inherited by these countries towards international law, customary and conventional, has been retained or departed from in the enforcement of national human rights law.
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Books on the topic "Domestic human rights law"

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Benedetto, Conforti, and Francioni Francesco, eds. Enforcing international human rights in domestic courts. The Hague: Martinus Nijhoff Publishers, 1997.

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Diver, Alice, and Jacinta Miller, eds. Justiciability of Human Rights Law in Domestic Jurisdictions. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-24016-9.

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Mobilizing for rights: International law in domestic politics. Cambridge: Cambridge University Press, 2009.

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International law and domestic human rights litigation in Africa. [Pretoria]: Pretoria University Law Press (PULP), 2010.

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Enforcement of international human rights law by domestic courts. Dhaka: New Warsi Book Corp., 2007.

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Heather, Swindells, ed. Family law and the Human Rights Act 1998. Bristol: Family Law, 1999.

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Choudhry, Shazia. European human rights and family law. Oxford: Hart, 2001.

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Michaels, Ralf. Globalization and domestic courts: Course materials. Toronto]: Faculty of Law, University of Toronto, 2011.

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Rosmini, Antonio. Rights in the family. Durham: Rosmini House, 1995.

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Scott, Mann, ed. Domestic deployment of the armed forces: Military powers, law and human rights. Burlington, VT: Ashgate Pub., 2009.

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Book chapters on the topic "Domestic human rights law"

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Kemp, Susan L. "Domestic Law." In British Justice, War Crimes and Human Rights Violations, 143–89. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-14113-4_4.

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Goel, Sudershan, Barbara A. Sims, and Ravi Sodhi. "International Human Rights Law." In Domestic Violence Laws in the United States and India, 58–63. New York: Palgrave Macmillan US, 2014. http://dx.doi.org/10.1057/9781137387073_5.

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O’Halloran, Kerry. "The domestic legal framework." In Adoption Law and Human Rights, 32–53. Names: O’Halloran, Kerry, author.Title: Adoption law and human rights : international perspectives / Kerry O’Halloran.Description: Abingdon, Oxon [UK] ; New York, NY : Routledge, 2018. | Series: Human rights and international law: Routledge, 2018. http://dx.doi.org/10.4324/9781315651279-3.

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Webber, Diane. "Domestic perspectives on preventive detention." In Human Rights Law and Counter Terrorism Strategies, 56–96. London: Routledge, 2022. http://dx.doi.org/10.4324/9780367817275-5.

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Webber, Diane. "Domestic perspectives on targeted killing." In Human Rights Law and Counter Terrorism Strategies, 117–51. London: Routledge, 2022. http://dx.doi.org/10.4324/9780367817275-8.

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Webber, Diane. "Domestic perspectives on foreign fighters." In Human Rights Law and Counter Terrorism Strategies, 167–215. London: Routledge, 2022. http://dx.doi.org/10.4324/9780367817275-11.

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Head, Michael. "Introduction." In Domestic Military Powers, Law and Human Rights, 1–4. Abingdon, Oxon ; New York, NY : Routledge, 2020. | Series: International and comparative criminal justice: Routledge, 2019. http://dx.doi.org/10.4324/9780429325489-1.

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Head, Michael. "Australia." In Domestic Military Powers, Law and Human Rights, 141–66. Abingdon, Oxon ; New York, NY : Routledge, 2020. | Series: International and comparative criminal justice: Routledge, 2019. http://dx.doi.org/10.4324/9780429325489-10.

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Head, Michael. "How can governments and military chiefs be held to account?" In Domestic Military Powers, Law and Human Rights, 167–89. Abingdon, Oxon ; New York, NY : Routledge, 2020. | Series: International and comparative criminal justice: Routledge, 2019. http://dx.doi.org/10.4324/9780429325489-11.

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Head, Michael. "Wider legal, political and democratic implications." In Domestic Military Powers, Law and Human Rights, 190–203. Abingdon, Oxon ; New York, NY : Routledge, 2020. | Series: International and comparative criminal justice: Routledge, 2019. http://dx.doi.org/10.4324/9780429325489-12.

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Conference papers on the topic "Domestic human rights law"

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Coric, Vesna, and Ana Knezevic Bojovic. "European Court of Human Rights and COVID-19: What are Standards for Health Emergencies?" In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.26.

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The European Court of Human Rights is currently facing a challenge in dealing with numerous applications linked to the COVID-19 pandemic and the related restrictions aiming to protect human life and health, which, at the same time, limit some of the most important human rights and fundamental freedoms. Legal scholars have voiced different views as to the complexity of this task, invoking the previous case law on infectious diseases and on military emergencies to infer standards that would be transferrable to COVID-19-related cases, or the margin of appreciation of domestic authorities pertaining to health care policy as the approaches ECtHR could take in this respect. The present paper argues that the ECtHR would be well advised to resort to a more systemic integrated approach, which implies the need to consider obligations emanating from other health-related international instruments in setting the standards against which it will assess the limitations of human rights during the COVID-19 outbreak. Hence, the authors reflect on the potential contribution of the integrated approach to the proper response of the ECtHR in times of the pandemic. The review shows that both the ECtHR’s caselaw on the integrated approach, as well as its theoretical foundation leave enough room for a wide application by the ECtHR of the right to health, and likewise – soft law standards emanating from the various public health-related instruments, when adjudicating cases dealing with the alleged violations of human rights committed during the COVID-19 outbreak. Subsequently, the paper critically assesses to what extent the ECtHR has taken into account the right to health-related instruments in its previous case law on infectious diseases. This is followed by a review of the existing, albeit sparse, jurisprudence of the ECtHR in its ongoing litigations pertaining to restrictions provoked by COVID-19 pandemic, viewing them also in the context of the integrated approach. The analysis shows that ECtHR did not systemically utilize the integrated approach when addressing the right to health, even though it did seem to acknowledge its potential. The authors then go on to scrutinize the relevant health emergency standards stemming from international documents and to offer them as a specific guidance to the ECtHR regarding the scope of the right to health which will help in framing the analysis and debate about how the right to health is guaranteed in the context of COVID-19. Consequently, building on the proposed integrity approach, examined theoretical approaches, and standards on the right to health acknowledged in relevant supranational and international instruments, the authors formulate guidance on the path to be taken by the ECtHR.
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Mitrović, Ljubinko, and Predrag Raosavljević. "HUMAN RIGHTS OMBUDSMEN IN THE PANDEMIC: CHALLENGES IN PROTECTION OF VULNERABLE GROUPS." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18353.

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Pandemic of virus COVID-19 posed numerous and unprecedented challenges to citizens and authorities which required shift in behavior and actions of all segments of society. Representing Ombudsmen Institution of Bosnia and Herzegovina, authors shared their experience in monitoring implementation of the decisions of all levels of government and presented challenges in striking the right balance between interests of public health and protection of rights of vulnerable groups. Public authorities in Bosnia and Herzegovina have passed emergency measures aimed at containing the spread of virus, but some of them failed to maintain human rights standards. Following the decisions of crisis centers to limit the freedom of movement, it was necessary to secure rights of children to education, protection from domestic violence and neglect in the family context. In introducing online education, authorities were asked to adapt recognition and grading system to the children in different conditions and circumstances, especially to the children with difficulties in development, children living in poverty and on margins of society such as Roma children or those living in institutions. Ombudsmen Institution registered increase in the number of domestic violence cases because measures limiting freedom of movement had impact on victims' ability to seek help from trusted sources, usually members of immediate family or representatives of law enforcement agencies. Having in mind that large number of citizens could not afford access to the official gazettes in any form, Ombudsmen requested that all enacted legislation be accessible online recommended that the decision banning reporters from conferences be reconsidered, guided by the right of citizens to be informed of their government actions. Examining the practice of placing COVID stickers on mail by the Post Office, Ombudsmen issued recommendation to stop such practice as it was deemed disproportional to the right to privacy and protection of personal data, while the protection of postal workers could have been ensured by other protective measures. It also became evident that national budgetary capacities had to be increased in order to prevent deterioration in provision of basic public services such as health and social protection, since economic consequences of the pandemic were disproportionally felt by the groups exposed to poverty, such as Roma, refugees or migrants. Drawing conclusion from concrete cases, authors offer review of particular emergency measures, analyze their adequacy, justifiability and timeliness, while presenting authorities’ response to Ombudsmen’s findings in formulating more adequate and efficient but, at the same time, least intrusive measures taken in response to the disaster. In search of common response to such widespread phenomenon, governments should recognize the intention of Ombudsmen Institutions to be in „permanent session“ over protection of vulnerable groups and should more actively involve it in discussions on emergency measures and their effect on human rights and freedoms. It proved to be better suited to act quickly, to apply more effective remedies and to correct government actions thanks to its knowledge of the local context than traditional institutions for protection of human rights, such as constitutional courts, international courts or treaty bodies.
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Ihuoma, Chinwe. "Achieving Sustainable Development Goal (SDG) 4 among Female Nomadic Children in Nigeria using Open and Distance Learning Strategies." In Tenth Pan-Commonwealth Forum on Open Learning. Commonwealth of Learning, 2022. http://dx.doi.org/10.56059/pcf10.5898.

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Education is a basic human right that every child ought to enjoy. Sustainable Development Goal 4 is also to ensure inclusive and equitable quality education and to promote lifelong learning opportunities for all by year 2030. Nigeria recognizes education as a fundamental human right and is signatory to the Convention on the Rights of the Child (CRC). In 2003, the Government of Nigeria passed into Law the Child Rights Act aimed at facilitating the realization and protection of the rights of all children. Nigeria also enacted the Universal Basic Education (UBE) law, which provides for a 9-year free and compulsory basic education to fast-track education interventions at the primary and junior secondary school levels. Nomads have been defined as people; who mainly live and derive most of their food and income from raising domestic livestock. // They move from place to place with their livestock in search of pasture and water. Because of this, sending their children to school becomes a big issue for them and the girl child is the worst affected. Girl-child education is the education geared towards the development of the total personality of the female gender to make them active participating members of economic development of their nation. Education also helps girls to realize their potentials, thus enabling them to elevate their social status. This paper which adopts descriptive research design examined the factors hindering adequate participation of the nomadic girl child in formal Education. Religious factors and beliefs, poverty ,Parents’ attitude, underdevelopment and insecurity, Educational policy and home-based factors, were some of the hindering factors identified, among others. Ways of enhancing their participation were suggested and recommended, such as training in literacy and vocational skills, mobile education and improved political will. These will make the girl child become functional in the society.
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Vlašković, Veljko. "OSVRT NA PRAVA DECE SA INVALIDITETOM SA TEŽIŠTEM NA PRISTUP ZDRAVSTVENIM USLUGAMA." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujevcu, 2021. http://dx.doi.org/10.46793/uvp21.569v.

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It is no coincidence that the UN Convention on the Rights of Persons with Disabilities is the first international human rights treaty in the 21st century. The Convention seeks to amend the social and legal status of persons with disabilities, including children, in a revolutionary way. The main goal is to remove social barriers by adopting a social model of disability in recognizing and exercising the human rights of persons with disabilities on an equal basis with other persons. Therefore, it is understandable that the rules of earlier international human rights treaties, such as the UN Convention on the Rights of the Child or the European Convention on Human Rights, are beginning to be directly adjusted to the this Convention. From the aspect of recognition and exercising of the rights of children with disabilities, the issue of accessibility to health care services is especially important. It insists on the application of the principles of reasonable accommodation, accessibility and non-discrimination so that children with disabilities have access to health care facilities on an equal basis with other children. This implies significant involvement of the state, local community and family in order to remove social and infrastructural barriers. Furthermore, the UN Committee on the Rights of Persons with Disabilities calls for an absolute ban on the forced detention and placement of children in health care facilities, while there is a very negative attitude towards the care of children with disabilities in social protection institutions. In this regard, an amendment to the domestic Law on the Protection of Persons with Mental Disabilities is required. According to the social model of disability, the family environment with the appropriate and effective support of the local community is a necessary environment for the realization of the rights of children with disabilities. When it comes to the consent of a child with a disability to a medical treatment, it is necessary to determine the child's capability to form views, as in the case of other children. In that sense, the mentioned child should be provided with appropriate assistance and support to express his / her views. This support consists primarily in the way in which the child is informed about the proposed medical treatment.
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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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Reports on the topic "Domestic human rights law"

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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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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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Morgaine, Karen. “Creative Interpretation and Fluidity in a Rights Framework”: The Intersection of Domestic Violence and Human Rights in the United States. Portland State University Library, January 2000. http://dx.doi.org/10.15760/etd.5820.

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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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Eastman, Brittany. Legal Issues Facing Automated Vehicles, Facial Recognition, and Privacy Rights. SAE International, July 2022. http://dx.doi.org/10.4271/epr2022016.

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Facial recognition software (FRS) is a form of biometric security that detects a face, analyzes it, converts it to data, and then matches it with images in a database. This technology is currently being used in vehicles for safety and convenience features, such as detecting driver fatigue, ensuring ride share drivers are wearing a face covering, or unlocking the vehicle. Public transportation hubs can also use FRS to identify missing persons, intercept domestic terrorism, deter theft, and achieve other security initiatives. However, biometric data is sensitive and there are numerous remaining questions about how to implement and regulate FRS in a way that maximizes its safety and security potential while simultaneously ensuring individual’s right to privacy, data security, and technology-based equality. Legal Issues Facing Automated Vehicles, Facial Recognition, and Individual Rights seeks to highlight the benefits of using FRS in public and private transportation technology and addresses some of the legitimate concerns regarding its use by private corporations and government entities, including law enforcement, in public transportation hubs and traffic stops. Constitutional questions, including First, Forth, and Ninth Amendment issues, also remain unanswered. FRS is now a permanent part of transportation technology and society; with meaningful legislation and conscious engineering, it can make future transportation safer and more convenient.
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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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