Journal articles: '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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Sales, Philip. "RIGHTS AND FUNDAMENTAL RIGHTS IN ENGLISH LAW." Cambridge Law Journal 75, no. 1 (March 2016): 86–108. http://dx.doi.org/10.1017/s0008197315000987.

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AbstractThis paper examines the role of rights and fundamental rights in English public law and private law in recent times. It argues that the idea of fundamental rights has been more significant in the filed of public law and seeks to explain why. It compares the operation of domestic fundamental rights with the rights in the European Convention of Human Rights and suggests a methodology for identifying the existence and scope of the former. The paper considers the possible legal effects which might follow from repeal of the Human Rights Act 1998.

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Rudolf, B., and A. Eriksson. "Women's rights under international human rights treaties: Issues of rape, domestic slavery, abortion, and domestic violence." International Journal of Constitutional Law 5, no. 3 (June 13, 2007): 507–25. http://dx.doi.org/10.1093/icon/mom022.

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., Akmal, and Aldri Frinaldi. "Analisis Dimensi Hak Asasi Manusia Terhadap Putusan Hakim dalam Perkara Pencabulan Anak di Bawah Umur (Analisis Konten: Perkara No. 166/PID.B/2006/PN PDG)." Humanus 10, no. 1 (July 30, 2012): 36. http://dx.doi.org/10.24036/jh.v10i1.484.

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The purpose of this study was to review the judge’s verdict on case No. 166/PID.B/2006/PN PDG in terms of: (1) whether the judge’s verdict fulfills the elements of legal certainty, fairness, and benefit, (2) whether the judge’s verdict relies on the national and international human rights instruments as well as reviewing the aspects of violations of human rights particularly in cases of child abuse. The type of the human rights cases is domestic abuse of under-aged girls. This research used qualitative method with normative judicial approach. Data processing is done using content analysis. The conclusion of the research; (1) Council of Judges needs to understand the ratification of the Child Protection Law and Law on the Elimination of Domestic Violence as well as the International Human Rights Instruments by the Government of the Republic of Indonesia relating to the Convention on Children’s Rights, in order to stress the domestic child abuse as a form of violation against human rights and as a crime against humanity, (2) in order to protect the victims of domestic violence, particularly women and girls, judges should implement the Child Protection Law and Law on the Elimination of Domestic Violence in their verdicts and the Convention of Children’s Right, because the Penal Code KUHP has not guaranteed fully the protection of children and women as primary victims of domestic violence. Key words: human rights, council of judges.

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Medina, Barak. "Domestic Human Rights Adjudication in the Shadow of International Law: The Status of Human Rights Conventions in Israel." Israel Law Review 50, no. 3 (October 16, 2017): 331–88. http://dx.doi.org/10.1017/s0021223717000164.

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The quarter-century anniversary of Israel's ratification of the major United Nations (UN) human rights treaties is an opportunity to revisit the formal and informal interaction between domestic and international Bills of Rights in Israel. This study reveals that the human rights conventions lack almost entirely a formal domestic legal status. The study identifies a minor shift in the scope of the Israeli Supreme Court's reference to international law, as the Court now cites international human rights law to justify decisions that a state action is unlawful, and not only to support findings that an action is valid. This shift may be the result of other reasons, for instance, a ‘radiation’ of the Court's relatively extensive use of international humanitarian law in reviewing state actions taken in the Occupied Territories. However, it may also reflect a perception of enhanced legitimacy of referring to international human rights law as a point of reference in human rights adjudication following ratification of the treaties.At the same time, the Court continues to avoid acknowledging incompatibility between domestic law and international law. It refers to the latter only to support its interpretation of Israeli constitutional law, as it did before the ratification. This article critically evaluates this practice. While international human rights law should not be binding at the domestic level, because of its lack of sufficient democratic legitimacy in Israel, it should serve as an essential benchmark. The Court may legitimise a human rights infringement that is unjustified according to international law, but such incompatibility requires an explicit justification. The Court, together with the legislature and the government, are required to engage critically with the non-binding norms set by the ratified UN human rights treaties.

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Karadjova, Mariana. "Property Restitution in Eastern Europe: Domestic and International Human Rights Law Responses." Review of Central and East European Law 29, no. 3 (2004): 325–63. http://dx.doi.org/10.1163/1573035042132932.

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AbstractThis article presents an overview of how those East European countries that are members of the Council of Europe have approached the problems of restitution as a means of reparation for past injustices. In doing so, attention will be paid to: the entitled persons and the extent of restitution; the underlying motivations vis-à-vis the form of reparation (restitution in kind or compensation), and attitudes towards minority groups and foreigners as part of the restitution process. Emphasis will also be given to the role played by international instruments (the ECHR and its future Protocol 12, the International Covenant on Civil and Political Rights, various UN resolutions, etc), as well as by judicial institutions (the European Court of Human Rights, the UN Human Rights Committee) in the evolution of the restitution process in Eastern Europe in general, and regarding such issues as equality between foreigners and nationals as well as minority and religious groups and the elaboration of an international standard of restitution as reparation for abuses of human rights in particular. The bodies of the ECHR have managed to avoid problems related to restitution and reparations for past injustices by arguing that the right of restitution is not guaranteed by art.1 of Protocol 1 to the the ECHR. But the entry into force of a new Protocol 12 to the Convention will likely result in changes being made in this thought process, at least as regards the position of foreigners. If measures denying restitution, owing to the claimant's nationality, were taken after ratifi cation of Protocol 12, the way should be opened in the future to foreigners (in addition to procedures before the UN Human Rights Committee) to more effectively defend their rights relative to such restorative measures: notably, the possibility of seizing the Strasbourg Court with claims relating to justifi cation for "unequal treatment". The right to remedy the injustices committed to the victims of violations of human rights and international humanitarian law has appeared with increasing frequency on the agenda of the UN Commission on Human Rights. Furthermore, in its recent case law, the UN Human Rights Committee has evidenced a concern over several questions relating to the respect of possessions; it has already opted for the proposition that any discrimination on the basis of nationality in restitution legislation can be deemed to be a violation of the International Covenant on Civil and Political Rights. Lastly, after ratifi cation of Protocol 12, we can expect a link to be forged between the vision of the UN Commission on Human Rights and that of the European Court of Human Rights that may—in the future—lead to the elaboration of a common international mechanism regulating restitution as a means for the reparation of abuses of human rights.

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Poffley, Susan. "Human Rights: UK Effects." Legal Information Management 1, no. 1 (2001): 21–23. http://dx.doi.org/10.1017/s1472669600000220.

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The Human Rights Act 1998 (the Act) incorporates the European Convention on Human Rights (the Convention) into English domestic law for the first time since the Convention was signed in 1951. It does this by imposing a duty on public authorities to act in a manner which is consistent with Convention rights, unless legislation prohibits them for doing so.

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Serohin, Vitalii Oleksandrovych, Svitlana Hryhorivna Serohina, Liliya Mykolayivna Gryshko, and Kateryna Petrivna Danicheva. "Recognizing and Implementing International Human Rights Standards in Domestic Legislation: An Exposure Under Ukrainian Law." Ius Humani. Law Journal 10, no. 2 (December 23, 2021): 161–76. http://dx.doi.org/10.31207/ih.v10i2.291.

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Everything about human right is inalienable void of violation from the human race. It is therefore that responsibility of the international community in ensuring the effective preservation and respect of these rights without any threat of violations. In ensuring its recognition and implementation, international standards have been established where there is the need of States parties to these international human right treaties in ensuring its incorporation in its various domestic legislations. The content and specific features of the introduction of international human rights standards into national legislation have been analyzed in the article. The methodological basis of research is a set of general scientific and special methods, in particular, dialectical, historical-legal, epistemological, comparative-legal. International standards for the protection of human rights have been defined as principles and norms enshrined in international regulatory legal acts that define fundamental human rights and freedoms, the obligation of the State to respect them, to assist in their realization, preservation and protection against unlawful encroachments, and to establish liability for their violations and methods of protection. It has been clarified that the procedure of implementation of international human rights standards into national legislation includes the following stages: (i) recognition of human rights by the State and their enshrinement in national legislation; (ii) institutionalization of the standard of human rights protection; (iii) bringing the current legislation in line with the international human rights standard and interpreting the latter; (iv) establishment of measures and means of protection and defense of human rights; (v) determining the procedure for the realization of the enshrined right; (vi) control over the observance of the international human rights standard.

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A. Strzępek, Kamil. "The Relationship Between the European Convention on Human Rights and Domestic Law: a Case Study." Constitutional Review 6, no. 2 (December 30, 2020): 338. http://dx.doi.org/10.31078/consrev626.

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The article is pertaining to the relationship between the European Convention on Human Rights and the Polish national law. Upon the introduction of the system of economic, social and cultural rights contained in the Constitution of the Republic of Poland of 1997, the article considers what rules determine the relationship between the application of the law by Polish courts and the European Court of Human Rights in Strasbourg. The paper concludes by showing how Polish courts and the European Court of Human Rights in Strasbourg refer to the right of property. It’s one of the fundamental human rights, when they examine a case. It occurs that clauses, which limit this right, are sometimes understood in a different way by Polish courts and the European Court of Human Rights. Regarding the above, the case of Waldemar Nowakowski v. Poland of the European Court of Human Rights in Strasbourg is discussed. Furthermore, the article presents how the Polish Government executes the judgment of the European Court of Human Rights in Strasbourg delivered in the above-mentioned case.

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Mullally, Siobhán. "Migrant Domestic Workers and Continuums of Exploitation: Beyond the Limits of Antitrafficking Laws." AJIL Unbound 111 (2017): 498–503. http://dx.doi.org/10.1017/aju.2018.24.

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Recent years have witnessed the expansion of human rights standards relating to migrant domestic workers. This includes, in particular, the adoption of the 2011 International Labour Organization (ILO) Convention on Decent Work for Domestic Workers (no. 189), General Comments from UN human rights treaty bodies, and an expanding body of case law in domestic and regional courts. Migrant domestic workers have played central roles in these cases, engaging in the public sphere to advocate for law reform, and, in doing so, gradually expanding the field of global migration law. This essay describes the emerging recognition evident in the approaches of UN human rights treaty bodies that axes of discrimination intersect and, in particular, that migration status and gender can be significant to the enjoyment of rights. This integrated approach is evident in the case law of international human rights bodies adjudicating the rights claims advanced by migrant domestic workers. The case law on Article 4 of the European Convention on Human Rights (ECHR) shows the potential for such integrated approaches to move beyond the usual fragmentation of human rights, labor, and migration laws, but that potential remains limited.

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Goymour, Amy. "PROPRIETARY CLAIMS AND HUMAN RIGHTS—A “RESERVOIR OF ENTITLEMENT”?" Cambridge Law Journal 65, no. 3 (November 23, 2006): 696–720. http://dx.doi.org/10.1017/s0008197306007276.

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TWO important decisions have recently considered the effect of human rights law on domestic property law: Kay v. Lambeth L.B.C.; Leeds C.C. v. Price, and J.A. Pye (Oxford) Ltd. v. United Kingdom. In each case, the claimant brought a domestic proprietary claim, one successfully, the other unsuccessfully, against a defendant. The aggrieved party argued that the domestic legal outcome conflicted with his rights under the European Convention on Human Rights. In each case, the court had to decide whether the Convention had indeed been infringed by the bringing of a proprietary claim and, if so, what the consequences of that infringement might be.

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Pita Lestari, Melanie, Zulkifli Ismail, and Fransiska Novita Eleanora. "Domestic Violence in The Perspective of Law and Human Rights." KRTHA BHAYANGKARA 16, no. 1 (April 3, 2022): 23–30. http://dx.doi.org/10.31599/krtha.v16i1.959.

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Domestic violence is more and more happening and increasing and sometimes experienced by women in the household so that they become victims. The perception of violence here is in the physical sense of the body and full of wounds or bruises. At the same time, psychologically, it is caused by fear due to the perpetrator's treatment of their mental State and violence due to sexual harassment in marriage or frequent sexual intercourse that is excessive than usual without seeing the partner's readiness. The problem studied is how the implications of domestic violence are viewed from the Law and human rights, especially for victims in fulfilling their rights. The purpose of this paper is to find out how domestic violence is related to Law and human rights. The method used is normative juridical research because it examines or examines from the literature or literature or laws and regulations relating to existing problems, where the result is that domestic violence is also a legal aspect and is also a violation of human rights related to it human rights, so that it is not only problems or domestic disputes, but the perpetrators can be punished for violating the rights of the victims themselves.

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Engle, Karen. "Mapping the Shift: Human Rights and Criminal Law." Proceedings of the ASIL Annual Meeting 112 (2018): 84–85. http://dx.doi.org/10.1017/amp.2019.38.

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In 2015, the Institute for Policy Studies (IPS)—a progressive think tank on U.S. domestic and foreign policy—awarded its annual human rights awards to two criminal lawyers. The domestic award went to Daryl Atkinson, who advocates for the rights of convicted felons. Its international award went to Almudena Bernabeu, for what the IPS called her “successful prosecution of several of the worst Latin American perpetrators of crimes against humanity.” I do not think that the IPS was trying to be balanced by picking a lawyer working on behalf of the rights of the formerly incarcerated, on one hand, and a prosecutor, on the other. Rather, the organization sought to honor those it sees as promoting human rights. In the context of U.S. law, that means fighting for the rights of defendants and the convicted. For international law, it means the opposite.

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Chaban, Stephanie. "International Human Rights Law and Domestic Violence: The Effectiveness of International Human Rights Law by Ronagh J.A. McQuigg." Human Rights Review 15, no. 1 (February 12, 2014): 111–13. http://dx.doi.org/10.1007/s12142-014-0310-x.

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McInerney-Lankford, Siobhán. "Rewarding in International Human Rights Law?" AJIL Unbound 115 (2021): 232–36. http://dx.doi.org/10.1017/aju.2021.29.

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Compliance in international law remains a challenge and the search to understand whether and why states comply with international human rights law endures as well. This essay endorses van Aaken and Simsek's contention that rewarding is an important yet underexplored mechanism for ensuring compliance with international law, but suggests that certain features of international human rights law may make rewarding less apposite in the human rights sphere for three interrelated reasons. First, compliance with international human rights law depends on domestic as well as international action, potentially rendering rewarding between states less relevant. Second, the unique and complex structure of international human rights law obligations and their measurement may make an assessment of the effectiveness of rewarding more difficult, at least for certain categories of rights and obligations. Third, rewarding may be inappropriate in international human rights law given its core normative purpose of protecting human dignity. As such, this essay explores whether rewarding can or should be pursued in international human rights law.

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Palmer, Stephanie. "Human Rights: implications for labour law." Cambridge Law Journal 59, no. 1 (March 2000): 168–200. http://dx.doi.org/10.1017/s0008197300000064.

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The author considers the potential of the Human Rights Act to influence the future of labour law. First, the development of common law can be based on fundamental human rights principles. Statutory interpretation of employment legislation can also be grounded on this potentially more principled approach. Second, the new legislation may hasten the development of a common law of privacy and provide greater protection for expression of political and religious views in the employment context. Third, it changes the criteria against which the propriety of restrictions in the employment relationship should be judged. It is likely that in judicial review cases the more rigorous proportionality standard rather than the Wednesbury unreasonableness test will be used. Finally, the effective application of human rights in the private sphere is likely since the Convention case-law, the debates in Parliament and the Act itself strongly suggest that the Convention rights will have an indirect effect. The domestic courts must take the opportunity to develop their own human rights standards.

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Staiano, Fulvia. "Domestic Workers’ Human Rights Versus Diplomatic Immunity: Developments in International and National Jurisprudence." Italian Yearbook of International Law Online 22, no. 1 (2013): 201–20. http://dx.doi.org/10.1163/22116133-02201010.

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Diplomatic immunities significantly contribute to a protection gap for domestic workers in diplomatic households who are victims of egregious forms of exploitation and abuse, and thus, of serious human rights violations. The abuse of such immunities by diplomatic agents in order to shun judicial review by the courts of the receiving States constitutes indeed a serious obstacle to obtaining redress. The resulting conflict between international rules on immunity and domestic workers’ human rights epitomizes the increasingly frequent challenges posed by international human rights law to classic rules of international law, and raises the issue of how to find balanced solutions to such conflicts. Against this background, the uncertain and discretional character of diplomatic measures prevents them from constituting a tool of legal protection for domestic workers experiencing human rights violations. With that in mind, this contribution inquires on alternative remedies available in international and domestic law, with a specific focus on the relationship between international rules on immunities and two other bodies of law, i.e. international human rights law and peremptory norms of international law.

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Lingaas, Carola. "Indigenous Customary Law and Norwegian Domestic Law: Scenes of a (Complementary or Mutually Exclusive) Marriage?" Laws 11, no. 2 (March 4, 2022): 19. http://dx.doi.org/10.3390/laws11020019.

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Articles 27 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) recognise Indigenous Peoples’ laws. Art. 34 gives Indigenous Peoples the right to maintain their juridical systems or customs in accordance with international human rights standards. Although the UNDRIP is soft law, its core is arguably customary law and, therefore, a binding source of law. For States with Indigenous People, such as Norway, the UNDRIP is of paramount importance, from a legal, political, and not least moral perspective. This paper discusses norm hierarchies and tensions that are created in the meeting between the Indigenous customary law of the Sámi and statutory domestic Norwegian law. The introduction of customary, commonly unwritten, Indigenous rules into the judicial portfolio of a State creates an obvious challenge: what is their legal status? Can Indigenous law set aside domestic statutory norms? Some might argue that due to historical wrong, Indigenous law should always take precedence when domestic law conflicts with it. While Norwegian domestic law acknowledges the precedence of certain core human rights treaties over domestic laws, the same is not valid for Indigenous rights. How then should Indigenous custom be dealt with before a court of law, and how do the different legal systems relate to each other? This paper is foremost based on theoretical, to a lesser degree also on empirical material. It discusses on a general level the relationship between different legal systems within the same State and, on a specific level, the dealing of the Norwegian courts with Sámi Indigenous laws and customs.

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Palmer, Stephanie. "7 The Human Rights Act 1998: Bringing Rights Home." Cambridge Yearbook of European Legal Studies 1 (1998): 125–46. http://dx.doi.org/10.5235/152888712802821052.

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The Labour government has quickly acted on its election promise to introduce a bill of rights into domestic law. The Human Rights Act 1998 partially incorporates the European Convention on Human Rights (ECHR) into United Kingdom law. This legislation is part of a wider constitutional package including devolved government for Scotland and Wales and reform of the House of Lords. The government’s programme is intended to modernise and indeed transform the British constitutional structure. According to the government, the Human Rights Act will bring rights home. Individuals will be able to argue for their Convention rights in the United Kingdom’s own courts and tribunals and judges will be able to adjudicate directly on Convention issues. All new laws will be carefully scrutinised to ensure compatibility with Convention rights.

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Mullally, Siobhán. "DOMESTIC VIOLENCE ASYLUM CLAIMS AND RECENT DEVELOPMENTS IN INTERNATIONAL HUMAN RIGHTS LAW: A PROGRESS NARRATIVE?" International and Comparative Law Quarterly 60, no. 2 (April 2011): 459–84. http://dx.doi.org/10.1017/s0020589311000042.

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Recent years have witnessed significant developments in international human rights law relating to domestic violence. No longer viewed as a matter ‘essentially within the domestic jurisdiction of the State’, domestic violence now frequently commands the attention of international human rights bodies. The obligations imposed on States include positive obligations of due diligence to prevent, investigate and to punish domestic violence, whenever and wherever it occurs.1 Judicial dialogue across the borders of human rights and refugee law has also expanded access to asylum for women fleeing domestic violence, bringing with it a gradual recognition of the positive obligations that international law now imposes on States. However, as recent cases such as Jessica Gonzalez v the United States2 and Opuz v Turkey3 reveal, significant gaps remain between the rhetoric of human rights law and the reality of everyday enforcement and implementation on the ground. These gaps are most keenly felt by refugee women. While State practice suggests greater gender inclusivity and sensitivity in the practice of refugee law, women fleeing domestic violence continue to face obstacles in making their claims heard.

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Bedford, Narelle, Tony McAvoy SC, and Lindsey Stevenson-Graf. "First Nations Peoples, Climate Change, Human Rights and Legal Rights." University of Queensland Law Journal 40, no. 3 (December 13, 2021): 371–402. http://dx.doi.org/10.38127/uqlj.v40i3.6125.

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This article provides a First Nations standpoint on climate change, informed by human rights law and legal education. It is co-authored by a Yuin woman who is a law academic, a Wirdi man who is a Queens Counsel, and a human rights law academic. The article argues that for any responses to climate change to be effective, they must be grounded in the perspectives, knowledge, and rights of First Nations peoples. The utility of human rights instruments to protect First Nation interests in a climate change milieu is explored at the international and domestic levels. Concomitantly, structural change must begin with the Indigenisation of legal education and the embedding of legal responses to climate change into the law curriculum. A holistic approach is necessary.

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Gunnarsdóttir, Gréta. "Domestic Implementation of International Human Rights Commitments." Nordic Journal of International Law 61-62, no. 1-4 (April 16, 1992): 181–87. http://dx.doi.org/10.1163/15718107-90000020.

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Morrow, Karen. "After the Honeymoon: The Uneasy Marriage of Human Rights and the Environment Under the European Convention on Human Rights and in UK Law Under the Human Rights Act 1998." Revue générale de droit 43 (January 13, 2014): 317–68. http://dx.doi.org/10.7202/1021217ar.

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The European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) (ECHR) regime has, in the absence of specific coverage of environmental rights, developed a “creative” approach in its jurisprudence in this area, pressing a variety of other rights, notably: Article 6 (the right to a fair hearing); Article 8 (the right to privacy and family life); and Article 1 to the First Protocol of the ECHR (the right to enjoyment of property) into service. This creativity has achieved much in according indirect protection to individuals in this regard, but has also placed additional pressure on the already congested Convention system. The entry into force of the Human Rights Act 1998 (HRA) made long-held rights under the ECHR directly accessible in domestic law in the United Kingdom. This naturally spawned a wave of litigation. One of the most prominently litigated areas concerned the pursuit of a variety of environment-based rights claims. In the intervening decade, the application of the ECHR to environmental claims in the UK courts has generated somewhat mixed results. This is in part a result of the “patchwork” approach that has developed toward environmental claims within the Convention regime itself, but it is also a product of the nature of the relationship between the ECHR and domestic law and the content and ethos of both regimes. This article will conclude by briefly considering the on-going role of the ECHR regime in environmental cases in light of subsequent developments in this area of law, notably under the Aarhus Convention.

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Woo, Ki-Taek. "The Problems for Domestic implementation of international human rights law." Kyung Hee Law Journal 51, no. 2 (June 30, 2016): 237–74. http://dx.doi.org/10.15539/khlj.51.2.7.

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Fitzgerald, Sarala. "Corporate accountability for human rights violations in Australian domestic law." Australian Journal of Human Rights 11, no. 1 (October 2005): 33–70. http://dx.doi.org/10.1080/1323238x.2005.11910793.

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Walker, Kristen L. "International Human Rights Law and Sexuality: Strategies for Domestic Litigation." CUNY Law Review 3, no. 1 (October 1, 1998): 115. http://dx.doi.org/10.31641/clr030112.

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Udagama, Deepika. "The Politics of Domestic Implementation of International Human Rights Law." Asia-Pacific Journal on Human Rights and the Law 16, no. 1-2 (October 6, 2015): 104–49. http://dx.doi.org/10.1163/15718158-01601006.

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Domestic application of international human rights law may encounter more serious obstacles than purely doctrinal constraints due to political factors. Sri Lanka offers an interesting case study in that regard. Once a committed democracy with high social indicators, it descended into authoritarianism and political violence a few decades after independence. This article examines the interplay between Sri Lanka’s dualist legal system and its international human rights obligations and points to how the relationship is increasingly being defined by political factors than doctrinal complexities. It argues that in such circumstances remedial action may lie more within the political arena than before legal forums.

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Harré, Thomas. "Human Traffickers’ Fair Trial Rights and Transnational Criminal Law." Anti-Trafficking Review, no. 18 (April 19, 2022): 159–73. http://dx.doi.org/10.14197/atr.2012221810.

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The right to a fair trial is enshrined in international and domestic law around the world. This article makes the simple argument that the focus on the rights of victims of human trafficking and efforts to increase the rate of prosecutions of human traffickers should not come at the cost of alleged traffickers’ rights to a fair trial, as a failure to uphold fair trial rights places them at risk of unfair prosecution. I consider the extent to which the transnational criminal legal regime regulating human trafficking at the international level provides for these fair trial rights, suggest that the fundamental purposes of transnational criminal law exist in a state of tension against the aims of the international human rights regime, and conclude that further empirical research on the legal experiences of human traffickers is necessary.

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Kokabisaghi, Fatemeh. "Women's right to health in Iran: Domestic implementation of international human rights law." International Journal of Health Planning and Management 34, no. 2 (January 18, 2019): 501–9. http://dx.doi.org/10.1002/hpm.2737.

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Palmer, Stephanie. "The Human Rights Act 1998: Bringing Rights Home." Cambridge Yearbook of European Legal Studies 1 (1998): 125–46. http://dx.doi.org/10.1017/s1528887000001117.

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The Labour government has quickly acted on its election promise to introduce a bill of rights into domestic law. The Human Rights Act 1998 partially incorporates the European Convention on Human Rights (ECHR) into United Kingdom law. This legislation is part of a wider constitutional package including devolved government for Scotland and Wales and reform of the House of Lords. The government’s programme is intended to modernise and indeed transform the British constitutional structure. According to the government, the Human Rights Act will bring rights home. Individuals will be able to argue for their Convention rights in the United Kingdom’s own courts and tribunals and judges will be able to adjudicate directly on Convention issues. All new laws will be carefully scrutinised to ensure compatibility with Convention rights.

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Fuentes Torrijo, Ximena. "La evolución de la relación normativa entre el Sistema Interamericano de Derechos Humanos y los sistemas jurídicos nacionalesThe evolution of the normative relationship between the Interamerican System of Human Rights and national jurisdictions." International Journal of Constitutional Law 19, no. 4 (October 1, 2021): 1207–12. http://dx.doi.org/10.1093/icon/moab119.

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Abstract The approach of the Inter-American Court of Human Rights regarding the relationship between international and domestic law has evolved into a form of supranational law, which was not envisaged at the time of the ratification of the Inter-American Convention on Human Rights. In its first decisions, the Inter-American Court accepted that it was for each state party to decide how its domestic legal system interacts with international law. However, in recent years the Inter-American Court of Human Rights has developed the theory of the “conventionality control,” according to which domestic judges shall afford primacy to the Convention over domestic law and, in cases of a conflict of norms, may set aside domestic legislation. It is to be seen whether or not domestic tribunals will implement this “conventionality control” and how the legislative powers of Latin American states will respond.

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Rəhman oğlu Cəfərzadə, Şəhriyar. "Interrelation of the realization of the right to participate in the cultural life of society with other rights." SCIENTIFIC WORK 15, no. 3 (March 24, 2021): 91–93. http://dx.doi.org/10.36719/2663-4619/64/91-93.

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As one of the basic human rights, the right to participate in the cultural life of community is intertwined with the number of human rights. When we analyze both the norms of international law and domestic norms, we see this feature of the law. Thus, in the norms of international law, creative freedom and intellectual property rights are considered together with the right to participate in cultural life. Although the Constitution of the Republic of Azerbaijan specifies the rights mentioned separately, the content of these norms connects these rights. Thus, both literary and artistic, as well as scientific and technical activities, which are part of creative freedom, are considered participation in cultural life. The implementation of these two activities creates intellectual property rights. Key words: human rights, intellectual property rights, cultural rights, right to participate in cultural life of community, information right, cultural right

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Craig, Elizabeth. "A Right to Cultural Identity in a UK Bill of Rights?" European Public Law 19, Issue 4 (December 1, 2013): 689–714. http://dx.doi.org/10.54648/euro2013042.

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This article considers the possible inclusion of a right to cultural identity in a UK Bill of Rights, highlighting the centrality of culture to debates about the accommodation of diversity in the UK as well as the increased recognition of the importance of cultural rights under international human rights law. The article argues that the inclusion of a minimal minority rights guarantee based on Article 27 of the International Covenant on Civil and Political Rights 1966 would be an innocuous step that would provide the impetus needed for greater cultural sensitivity in decision-making processes in a way that acknowledges the centrality of culture to people's identities and everyday lives. It claims that the inclusion of such a right alongside a freestanding right to equality would provide a useful addition to the rights currently recognized as 'Convention rights' under the UK Human Rights Act 1998. This is argued on the basis of both international and domestic case law, including opinions of the UN Human Rights Committee, developments in European human rights law and experiences in other jurisdictions.

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McCrudden, Christopher. "Why Do National Court Judges Refer to Human Rights Treaties? A Comparative International Law Analysis of CEDAW." American Journal of International Law 109, no. 3 (July 2015): 534–50. http://dx.doi.org/10.5305/amerjintelaw.109.3.0534.

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Comparative international law promises to bring fresh attention to the similarities and differences in how international law is understood and approached at the domestic level. Comparative international human rights law applies this focus to similarities and differences in the ways that international human rights law is, for example, interpreted at the domestic level by courts.

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Butler, Petra, and Andrew S. Butler. "The Judicial Use of International Human Rights Law in New Zealand." Victoria University of Wellington Law Review 29, no. 1 (January 1, 1999): 173. http://dx.doi.org/10.26686/vuwlr.v29i1.6051.

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In this essay we briefly examine the judicial use of international human rights law in NewZealand. In particular, we identify the relevant sources of international human rights law for New Zealand and the possible methods of application of international human rights law in New Zealand's domestic judicial system, we assess the actual significance accorded to international human rights law, and attempt to account for the marked increase in use of international human rights law by New Zealand judges.

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Leigh, Ian, and Laurence Lustgarten. "MAKING RIGHTS REAL: THE COURTS, REMEDIES, AND THE HUMAN RIGHTS ACT." Cambridge Law Journal 58, no. 3 (November 1999): 509–45. http://dx.doi.org/10.1017/s0008197399003037.

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DICEY is not fashionable these days, and for understandable reasons. The cocktail of utilitarianism and positivism, the amalgam of Bentham and Austin, that he produced led inexorably to the proclamation of unlimited parliamentary supremacy. This is widely, though with much exaggeration, conceived to be the major prop of authoritarian government. It is also, more correctly, seen as hostile to the idea of human rights possessed by persons against governments. In one sense, the decision to incorporate the European Convention on Human Rights into UK domestic law is an authoritative repudiation of the Diceyian heritage.

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Hillebrecht, Courtney. "Implementing International Human Rights Law at Home: Domestic Politics and the European Court of Human Rights." Human Rights Review 13, no. 3 (June 26, 2012): 279–301. http://dx.doi.org/10.1007/s12142-012-0227-1.

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Kludze, A. Kodzo Paaku. "Constitutional Rights and their Relationship with International Human Rights in Ghana." Israel Law Review 41, no. 3 (2008): 677–702. http://dx.doi.org/10.1017/s0021223700000406.

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Particularly in developing nations, the movement has been toward the articulation of elaborate provisions in constitutions which guarantee the basic human and peoples' rights of the citizenry. In many cases these are reflections of the immediate past history of the young nations which were strewn with ugly spectacles of dictatorships on their path to democracy. The history of Ghana is unfortunately an illustrative example. The Ghana Independence Constitution of 1957—a very brief document—was brief to a fault and bereft of any provision for human rights. It is clear that the experience of years of abuse of human, political, and civil rights in Ghana explains many of the current constitutional guarantees of basic rights spelt out in the 1992 Constitution in order to protect citizens against future abuses.In the past, treaty obligations under municipal laws of Ghana were such that even ratification of human rights treaties did not directly confer enforceable legal rights in the domestic courts of Ghana and implementing legislation was necessary to make a treaty right justiciable. In the 1992 Constitution of Ghana, the provisions of the Universal Declaration of Human Rights and of the African Charter on Human and Peoples' Rights, as well as others, are entrenched as constitutional provisions, are to be interpreted as such, and enforceable under the laws of Ghana. To the extent that drafters of the Ghana Constitution relied on the principles of the international human rights law enshrined in treaties and declarations, there are many similarities between the domestic law and some principles of international human rights law.

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de Londras, Fiona. "What Human Rights Law Could Do: Lamenting the Absence of an International Human Rights Law Approach in Boumediene & Al Odah." Israel Law Review 41, no. 3 (2008): 562–95. http://dx.doi.org/10.1017/s0021223700000376.

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In December 2007 the U.S. Supreme Court heard oral arguments in its latest Guantánamo Bay cases, Boumediene v. Bush and Al Odah v. United States. Interestingly, the argumentation offered in this litigation was almost exclusively domestic—international human rights law did not feature in spite of its capacity to add significantly to the weight and persuasiveness of the arguments petitioners' In respect of both the geographic scope and the content of constitutional standards, international human rights law has a well-developed body of jurisprudence that, this Article argues, ought to have been advanced by counsel for the petitioners. This Article both exposes the potentially significant international human rights law arguments that could have been advanced, and explores some possible reasons for the marginalization of this body of law. The Article concludes that this strategic decision on the part of counsel for the petitioners robbed the U.S. Supreme Court of an opportunity to assert the relevance of human rights law to the “War on Terrorism,” and to expand on the relationship between international and domestic constitutional standards and, for those reasons, is to be lamented.

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Pieterse, Marius. "Urbanizing Human Rights Law: Cities, Local Governance and Corporate Power." German Law Journal 23, no. 9 (December 2022): 1212–25. http://dx.doi.org/10.1017/glj.2022.77.

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AbstractThis article considers ways in which human rights law ought to respond to a growingly urban global order of blurred private—corporate—and state power. Fragmented and dispersed power comes together, in different configurations of public and private, in the cities and towns of the world. For this reason, local government presents the appropriate scale at which to re-conceptualize the operation of international human rights norms, also against private power. This requires engaging not only with the reach and leanings of international human rights standards but also with the manner in which they are rendered applicable, through domestic constitutional law, against state and non-state actors at a local scale. The urbanization of human rights law accordingly also requires a second look at the powers, competencies and responsibilities of urban local government under domestic constitutional law.

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Verlos, Natalia. "Constitutionalization of digital rights: domestic practice and foreign experience." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 129–33. http://dx.doi.org/10.36695/2219-5521.2.2020.21.

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The article covers the topical problem of constitutionalization of digital human rights in the conditions of digital transformation.The study analyzes doctrinal approaches to the definition of digital human rights as a legal category, the monitoring of the positive internationalexperience of constitutionalization of digital rights, which can be borrowed in the process of the constitutional reform inUkraine.In the study, based on the analysis of normative experience of foreign countries, the author proposes to identify two ways ofdomestic regulation of digital rights: first, it is the constitutionalization of digital rights, with changing the text of the constitution toregulate digital rights at the highest constitutional level, and second, it is the digitization of constitutional rights, when the rightsenshrined in the constitution become updated on the basis of constitutional decisions, the case-law of the European Court of HumanRights or in the relevant legislation.It is proposed to distinguish “digital rights”, including the right to access to electronic devices and telecommunications networks(Internet), the right to protection of personal data, the right to information self-identification, the right to anonymity, the right to be forgotten,the right to free transfer and dissemination of information, etc. However, it should be taken into consideration that in the processof reforming and carrying out constitutional and legal modernization, it is necessary to take into account the possibility and necessityof the realization of fundamental human rights, which are already defined in the Constitution of Ukraine, but are being implemented inthe conditions of digitalization.It is emphasized that in the process of development of the constitutional law of Ukraine the potential of digital transformation isnot realized in full today, and perspective tendencies have such priorities as the development of network forms of interaction, communicativetechnologies of control and planning, formation of qualitatively updated model of digital rights development. Also, in order toincrease the effectiveness of the implementation of digital rights, it is necessary to use the legal reception from countries where constitutionaland legal modernization has already taken place taking into account the digital transformation and has a positive experience ofregulation, including at the highest constitutional level. It should be borne in mind that in addition to ensuring and implementing digitalhuman rights, it is necessary to develop a concept of digital duties and responsibilities for the violation of these rights in order to preventnegative risks and abuse.

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Journal articles on the topic 'Domestic human rights law'

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