Relevant bibliographies by topics / Human rights and justice issues (excl. law)

Academic literature on the topic 'Human rights and justice issues (excl. law)'

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Published: 10 December 2022
Last updated: 28 January 2023

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Journal articles on the topic "Human rights and justice issues (excl. law)"

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Lewis, Bridget. "Human Rights and Environmental Wrongs: Achieving Environmental Justice through Human Rights Law." International Journal for Crime, Justice and Social Democracy 1, no. 1 (November 5, 2012): 65–73. http://dx.doi.org/10.5204/ijcjsd.v1i1.69.

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The numerous interconnections between the environment and human rights are well established internationally. It is understood that environmental issues such as pollution, deforestation or the misuse of resources can impact on individuals’ and communities’ enjoyment of fundamental rights, including the right to health, the right to an adequate standard of living, the right to self-determination and the right to life itself. These are rights which are guaranteed under international human rights law and in relation to which governments bear certain responsibilities. Further, environmental issues can also impact on governments’ capacity to protect and fulfil the rights of their citizens. In this way human rights and environmental protection can be constructed as being mutually supportive. In addition to these links between the environment and human rights, human rights principles arguably offer a framework for identifying and addressing environmental injustice. The justice implications of environmental problems are well documented and there are many examples where pollution, deforestation or other degradation disproportionately impact upon poorer neighbourhoods or areas populated by minority groups. On the international level, environmental injustice exists between developed and developing States, as well as between present and future generations who will inherit the environmental problems we are creating today. This paper investigates the role of human rights principles, laws and mechanisms in addressing these instances of environmental injustice and argues that the framework of human rights norms provides an approach to environmental governance which can help to minimise injustice and promote the interests of those groups which are most adversely affected. Further, it suggests that the human rights enforcement mechanisms which exist at international law could be utilised to lend weight to claims for more equitable environmental policies.
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Mamedov, Yusif. "Islamic criminal procedure law: human rights issues." Grani 23, no. 10 (October 30, 2020): 47–57. http://dx.doi.org/10.15421/172092.

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It has been established that harsh Islamic punishments are practically not applied due to the high burden of proof and the need to involve an exhaustive number of witnesses. It has been proven that the Islamic criminal justice system provides the accused with basic guarantees. It is noted that according to Sharia, Islamic crimes are divided into three categories: Hadd, Qisas and Tazir. It is noted that Islamic criminal law provides that the accused is not guilty if his guilt is not proven. It is noted that equality before the law is one of the main legal principles of the Islamic criminal model, as all persons are equal before the law and are condemned equally regardless of religious or economic status (lack of immunity). There are four main principles aimed at protecting human rights in Islamic criminal law: the principle of legality (irreversible action), the principle of presumption of innocence, the principle of equality and the principle of ultimate proof. In addition, the Islamic criminal justice system provides defendants with many safeguards, which are always followed during detention, investigation, trial and after trial. It is established that such rights are: 1) the right of every person to the protection of life, honor, freedom and property; 2) the right to due process of law; 3) the right to a fair and open trial before an impartial judge; 4) freedom from coercion to self-disclosure; 5) protection against arbitrary arrest and detention; 6) immediate court proceedings; 7) the right to appeal. It is noted that if a person is charged, he/she has many remedies It is noted that the trial must be fair, in which the qadi (judge) plays an important role. It has been established that, in addition to the procedural guarantees, the qualifications and character of the qadi, as well as the strict requirements of Islamic rules of proof, are intended to ensure a fair trial in the case of the accused. Adherence to these principles has been shown to indicate that the rights of the accused are fully guaranteed under Islamic criminal law.
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Brookman, Fiona, Lesley Noaks, and Emma Wincup. "Access To Justice: Remand Issues And The Human Rights Act." Probation Journal 48, no. 3 (September 2001): 195–202. http://dx.doi.org/10.1177/026455050104800305.

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Ghandhi, Sandy. "II. AVENA AND OTHER MEXICAN NATIONALS {MEXICO v UNITED STATES OF AMERICA), PROVISIONAL MEASURES, ORDER OF 5 FEBRUARY 2003." International and Comparative Law Quarterly 53, no. 3 (July 2004): 738–46. http://dx.doi.org/10.1093/iclq/53.3.738.

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The International Court of Justice is not a human rights court but it does hear human rights cases.1This is hardly remarkable. As Professor Ian Brownlie has pointed out ‘[h]uman rights problems occur in specific legal contexts. The issues may arise… within the framework of a standard-setting convention, or within general international law.’2Because human rights treaties normally have their own dispute settlement procedure, the situations in which the International Court of Justice is more likely to have to grapple with human rights issues lie within the realms of general international law or in non-human rights specific treaty provisions, which may, nevertheless, raise such issues. In addition, some human rights treaties, such as the Convention on the Prevention and Punishment of the Crime of Genocide 1948, contain provisions specifically referring disputes to the International Court of Justice.3Thus, it should come as no surprise that the Court has been involved in a number of cases involving human rights questions.
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HIGGINS, ROSALYN. "Human Rights in the International Court of Justice." Leiden Journal of International Law 20, no. 4 (December 2007): 745–51. http://dx.doi.org/10.1017/s0922156507004414.

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In this speech delivered at the conference honouring Professor Dugard, President Higgins discusses various human rights issues that have come before the International Court of Justice, including self-determination, reservations to human rights treaties, the application of human rights instruments to occupied territories, and allegations of genocide by one state against another. President Higgins notes that in the past few decades the ICJ has been joined by regional human rights courts, commissions and treaty monitoring bodies. Similar human rights claims are surfacing in these diverse fora, but the acknowledged expertise of these specialist bodies and the desire to avoid fragmentation provide an impetus for all concerned to seek common solutions on evolving points of law.
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Volger, Claus. "Status detentionis, human dignity and protection of human rights in the European criminal law." Yearbook of International & European Criminal and Procedural Law 1, no. 1 (January 15, 2023): 425–52. http://dx.doi.org/10.12681/yiecpl.33011.

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Human life and dignity, the status of prisoners, their problems and rights after the Tampere European Council and the CFREU are still an ongoing topic and main objective for the European area of freedom, security and justice. Their implementation is a very difficult path not due to the overcrowding of the European prison system but also due to the lack of internal, national rules that hinder human dignity and life of prisoners. The jurisprudence of the two European Courts (Court of Justice of the European Union (CJEU and European Court of Human Rights (ECtHR) is rich and indirectly it highlights a continuous impartial dialogue to address delicate problems of vulnerable people such as prisoners and still unresolved issues that are based on articles of the treaty of Lisbon and the Charter of the Fundamental Rights of the European Union (CFREU).
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PIERIK, ROLAND, and WOUTER WERNER. "Cosmopolitism, Global Justice, and International Law." Leiden Journal of International Law 18, no. 4 (December 2005): 679–84. http://dx.doi.org/10.1017/s0922156505002955.

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Along with the exploding attention to globalization, issues of global justice have become central elements in political philosophy. After decades in which debates were dominated by a state-centric paradigm, current debates in political philosophy also address issues of global inequality, global poverty, and the moral foundations of international law. As recent events have demonstrated, these issues also play an important role in the practice of international law. In fields such as peace and security, economic integration, environmental law, and human rights, international lawyers are constantly confronted with questions of global justice and international legitimacy. This special issue contains four papers which address an important element of this emerging debate on cosmopolitan global justice, with much relevance for international law: the principle of sovereign equality, global economic inequality, and environmental law.
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Collinson, Robert, Alice Diver, and Sharon McAvoy. "Clients, clinics and social justice." Higher Education, Skills and Work-Based Learning 8, no. 3 (August 13, 2018): 323–36. http://dx.doi.org/10.1108/heswbl-03-2018-0037.

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PurposeThe purpose of this paper is to present a case study of an innovative, three-module pathway designed by the Department of Law and Criminology at Edge Hill University (England) in 2014. In addition to supporting the work of its campus pro-bono law clinic, the first-two modules aim to enhance and evidence the legal skills of EHU’s undergraduate LLB students, to embed a deeper awareness of the (legal) ethics needed for sustainable legal practice (within PRME), and to highlight the increasing need for socially responsible advocates, able to defend the rights of marginalised, vulnerable clients.Design/methodology/approachThe critical analysis of the content and scope of an innovative, work-based learning LLB module pathway, which furthers the aim of the UN Global Compact and the PRME, and ties them firmly to socio-legal issues and advocacy involving recent jurisprudence.FindingsThe case law used within the modules, and the practical work of the students in the campus law clinic, are relevant to social justice issues and to the promotion of PRME values—they promote awareness of human rights principles, highlight the importance of access to legal services and provide students with knowledge of legal ethics. Enhanced employability skills flow from this.Research limitations/implicationsThis is a narrow case study but still provides a useful analysis of an innovative, PRME relevant module pathway. The model mirrors international trends in clinical legal education and also offers a template for other law schools keen to promote the concept of ethical, just legal practice.Practical implicationsThe paper posits that enhanced employability can flow from real world tasks such as advocacy for marginalised or disadvantaged groups and presents an exemplar for other law schools wishing to embed ethics/clinical law practice into their curriculum.Social implicationsThe paper highlights how the campus law clinic serves the public in a deprived region—it raises awareness of human rights and of social justice issues. It has the potential to feed into litigation on social welfare issues (housing, social security, child welfare, etc.).Originality/valueThe discussion of the human rights case law that is used in the Year 2 “bridging module” (which prepares students for working in the law clinic in their final year) is particularly relevant and is analysed in detail, highlighting how this module pathway is aimed at promoting PRME and UN Global Compact principles.
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Madhloom, Omar, and Irene Antonopoulos. "Clinical Legal Education and Human Rights Values: A Universal Pro Forma for Law Clinics." Asian Journal of Legal Education 9, no. 1 (October 26, 2021): 23–35. http://dx.doi.org/10.1177/23220058211051031.

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This article explores the theoretical foundations for a social justice–centric global law clinic movement. Our starting position is that law clinics, a type of clinical legal education (CLE), are in a unique position to engage in, and potentially promote, social justice issues outside their immediate communities and jurisdictions. To achieve this aim, it is necessary for law clinics to adopt a universal pro forma underpinned by the key concepts of CLE, namely social justice education and promoting access to justice through law reform. We argue that the main features of CLE are aligned with those of the Universal Declaration of Human Rights (UDHR) on issues such as human dignity and social justice. Incorporating UDHR values into CLE serves three purposes. First, it acts as a universal pro forma, which facilitates communication between clinics across jurisdictions, irrespective of their cultural or legal background. Second, it allows clinics to identify sources of global injustices and to share resources and expertise to collectively address injustices. Third, the theoretical approach advocated in this article argues that clinics have a Kantian moral right to engage in transnational law reform.
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Cahyani, Ferina Ardhi. "Intergenerational Environmental Justice as a Human Rights Fulfillment." Jurist-Diction 5, no. 2 (March 31, 2022): 485–94. http://dx.doi.org/10.20473/jd.v5i2.34890.

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AbstractEnvironmental issues are currently getting a lot of attention both in Indonesia and internationally. The rise of irresponsible deforestation, air pollution in big cities, irresponsible industries for the waste produced, the use of goods that are difficult to decompose, and so on are examples of how bad environmental conditions are today. In fact, the guarantee for a healthy environment is stated in the 1945 Constitution of the Republic of Indonesia. In addition, the environment is also regulated separately in Law Number 32 of 2009 concerning Environmental Protection and Management. The principle of sustainable development should be applied in carrying out all activities that affect the environment. However, the present generation who are responsible for the availability and preservation of natural resources for future generations so that intergenerational justice can be realized.Keywords: Intergenerational Justice; Environmental justice; Human Rights; Sustainable Development.
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Dissertations / Theses on the topic "Human rights and justice issues (excl. law)"

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Spamers, Marozane. "A critical analysis of South African mental health law : a selection of human rights and criminal justice issues." Thesis, University of Pretoria, 2016. http://hdl.handle.net/2263/60097.

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This thesis is concerned with determining whether South African mental health law and its application in practice is in need of reform. In order to reach its objectives, the thesis measures mental health legislation and criminal law that affect the mentally ill individual or offender against international and local human rights standards, and generally accepted principles and scientific principles applicable in the mental health profession. Particular focus is placed on the admission of a mentally ill person as a voluntary, assisted or involuntary mental health care user, State Patient or mentally disordered prisoner in terms of the Mental Health Care Act 17 of 2002 (?MHCA?), as well a critical review of the MHCA forms used to translate the Act?s provisions into practice. The thesis critically discusses the regulation of mental health care practitioners in terms of the Health Professions Act 56 of 1974, including psychology and psychiatry and the expert witness, and the new Traditional Health Practitioners Act 22 of 2007 and its regulations. An outline of the role of the National Health Act 61 of 2003 in the administration of the health system is provided.The thesis analyses the manners in which mental health affects criminal liability, and Chapter 13 of the Criminal Procedure Act 51 of 1977. Finally a desktop study into the current state of mental health care provision and the implementation of legislation in practice is conducted, followed by conclusions and recommendations for reform to legislation, policy, and the MHCA forms where anomalies have been identified.
Thesis (LLD)--University of Pretoria, 2016.
Public Law
LLD
Unrestricted
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Books on the topic "Human rights and justice issues (excl. law)"

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Justice and dignity for all: Current issues of human rights in Tanzania. Dar es Salaam, Tanzania: Dar es Salaam University Press, 2010.

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Coates, Tony. International Justice : Principles and Issues: Principles and Issues. Taylor & Francis Group, 2017.

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Weisheit, Ralph A., and Frank Morn. Pursuing Justice: Traditional and Contemporary Issues in Our Communities and the World. Taylor & Francis Group, 2018.

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Weisheit, Ralph A., and Frank Morn. Pursuing Justice: Traditional and Contemporary Issues in Our Communities and the World. Taylor & Francis Group, 2014.

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Weisheit, Ralph A., and Frank Morn. Pursuing Justice: Traditional and Contemporary Issues in Our Communities and the World. Taylor & Francis Group, 2018.

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Weisheit, Ralph A., and Frank Morn. Pursuing Justice: Traditional and Contemporary Issues in Our Communities and the World. Taylor & Francis Group, 2014.

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Weisheit, Ralph A., and Frank Morn. Pursuing Justice: Traditional and Contemporary Issues in Our Communities and the World. Taylor & Francis Group, 2014.

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Weisheit, Ralph A., and Frank Morn. Pursuing Justice: Traditional and Contemporary Issues in Our Communities and the World. Taylor & Francis Group, 2018.

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Weisheit, Ralph A., and Frank Morn. Pursuing Justice: Traditional and Contemporary Issues in Our Communities and the World. Taylor & Francis Group, 2018.

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Weisheit, Ralph A., and Frank Morn. Pursuing Justice: Traditional and Contemporary Issues in Our Communities and the World. Taylor & Francis Group, 2014.

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Book chapters on the topic "Human rights and justice issues (excl. law)"

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Evola, Marco, Julia Jungfleisch, and Tanasije Marinković. "Human Rights Law Through the Lens of the Gender Perspective." In Gender-Competent Legal Education, 217–60. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-14360-1_7.

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AbstractThis chapter will provide an overview on several aspects of the gender perspective in Human Rights Law. The chapter will therefore look at the civil and political rights from a gender perspective, as well as social, economic and cultural rights of women, non-binary and LGBTIQA+ persons. The aim is to increase the students’ awareness for the gender perspective in international human rights protection, by providing an overview of currently discussed issues in this area. Such issues include the prohibition of gender-based violence, contemporary forms of slavery and trafficking in persons, the freedom of religion, the right to private life, access to justice for women, women’s (political) empowerment, the prohibition of economic and social discrimination, and women’s right to education.
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Sunnqvist, Martin. "The Changing Role of Nordic Courts." In Ius Gentium: Comparative Perspectives on Law and Justice, 167–83. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-74851-7_10.

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AbstractThe Supreme Courts in all the Nordic countries reserve, and exercise, the power to set aside unconstitutional laws. In this way, they protect the rule of law and the human rights that are enshrined in their national constitutions. However, they go about this in different ways and treat different constitutional rights in ways distinct from one another. In this chapter, I discuss the development of the diversified judicial review of legislation in the Nordic countries. I also discuss the independence of their judiciaries in the light of the latest developments in Europe. Finally, I discuss the importance of developing standards for the interpretation of case law on these constitutional issues. Recent development brings with it two consequences for Nordic courts: the task of assessing the independence of judiciaries in other EU states, and questions about how the rule of law and the independence of the judiciary can be strengthened at home.
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Gans-Combe, Caroline. "Automated Justice: Issues, Benefits and Risks in the Use of Artificial Intelligence and Its Algorithms in Access to Justice and Law Enforcement." In Research Ethics Forum, 175–94. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-15746-2_14.

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AbstractThe use of artificial intelligence (AI) in the field of law has generated many hopes. Some have seen it as a way of relieving courts’ congestion, facilitating investigations, and making sentences for certain offences more consistent—and therefore fairer. But while it is true that the work of investigators and judges can be facilitated by these tools, particularly in terms of finding evidence during the investigative process, or preparing legal summaries, the panorama of current uses is far from rosy, as it often clashes with the reality of field usage and raises serious questions regarding human rights. This chapter will use the Robodebt Case to explore some of the problems with introducing automation into legal systems with little human oversight. AI—especially if it is poorly designed—has biases in its data and learning pathways which need to be corrected. The infrastructures that carry these tools may fail, introducing novel bias. All these elements are poorly understood by the legal world and can lead to misuse. In this context, there is a need to identify both the users of AI in the area of law and the uses made of it, as well as a need for transparency, the rules and contours of which have yet to be established.
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Bruno, Simma. "Part I The Human Rights Mandate of the Principal Organs, 4 The International Court of Justice." In The United Nations and Human Rights. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198298373.003.0005.

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This chapter evaluates the International Court of Justice, which is one of the United Nation’s principal Charter bodies, and its principal judicial organ. As such, it hears cases brought by states against others and can render advisory opinions sought by certain organs of the UN and international organizations authorised to do so, both of which bear on a wide range of international legal issues. The ICJ is not specifically a human rights body, but its jurisprudence may have, indeed has had, an impact on international human rights law. The chapter then looks at the interpretation and application of human rights by the ICJ. It also assesses the linkage of the Court and human rights, identifying two phases in the engagement of the Court with human rights matters.
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Janelle M, Diller. "Part II Historical and Legal Sources, Ch.12 Social Justice, Rights, and Labour." In The Oxford Handbook of International Human Rights Law. Oxford University Press, 2013. http://dx.doi.org/10.1093/law/9780199640133.003.0013.

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This article examines the issues of social justice, social rights, and the international labour movement in relation to international human rights. It traces the history of the emergence of international labour law and describes the action and innovation of the International Labor Organization (ILO). It suggests that the ILO�s structural machinery and guiding principles served as the global reference point for setting and supervising standards on workers� rights, freedoms, and entitlements.
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Neier, Aryeh. "Putting Natural Law Principles into Practice." In The International Human Rights Movement. Princeton University Press, 2012. http://dx.doi.org/10.23943/princeton/9780691135151.003.0002.

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This chapter discusses how a number of efforts were made to promote human rights internationally over a period of almost two centuries, from the start of the antislavery movement in Britain. However, it is possible to cite ancient roots for the principles of human rights. Hammurabi's Code, the Bible, Plato, and Aristotle must be considered among the sources for the concept of justice. The roots of thinking about rights can also be traced to non-Western sources, such as Mencius and Asoka. In the more than three centuries that followed the struggle for rights in England by John Milton, the Levellers, and other dissenters, there were episodic attempts to secure rights relevant to such grave issues as slavery, religious persecution, the subordination of women, forced labor, racial segregation, and the suppression of dissent.
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Baderin, Mashood A. "Effective Legal Representation in “Shari’ah” Courts as a Means of addressing Human Rights Concerns in the Islamic Criminal Justice System of Muslim States." In Issues in Islamic Law, 397–429. Routledge, 2017. http://dx.doi.org/10.4324/9781315092386-22.

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Ludovic, Hennebel, and Tigroudja Hélène. "Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.1 Organization, Articles 58 and 59." In The American Convention on Human Rights. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780190222345.003.0058.

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This chapter explains Articles 58 and 59 of the American Convention on Human Rights (ACHR). Article 58 of the ACHR deals with essential and fundamental aspects of the proper functioning of the Inter-American Court. It addresses the question of the choice of the seat of the Court and that of its Secretary. Article 59 concerns more generally the Secretariat of the Court under the direction of the Secretary, and the relationship with the Secretary-General of the Organization of American States (OAS). Although they seem to address mainly logistical and administrative issues, Articles 58 and 59 are crucial for the Inter-American Court. Unlike the International Court of Justice or the European Court of Human Rights, the judges do not sit on a permanent basis in San José. The terms of the judges are limited by Article 54 of the ACHR. Therefore, they could effectively and efficiently perform their mandate in the absence of a stable and competent body, to ensure the continuity and stability of the Inter-American Tribunal's operations.
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Hassen, Sabreen. "The Relationship Between the African Court of Justice and Human and Peoples’ Rights and Regionalism." In Select Essays on Governance and Accountability Issues in Public Law, 183–205. African Sun Media, 2020. http://dx.doi.org/10.18820/9781928480792/07.

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Brock, Gillian. "9. Global justice." In Issues in Political Theory. Oxford University Press, 2014. http://dx.doi.org/10.1093/hepl/9780199680436.003.0010.

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This chapter examines different models of global justice, which might consist of diverse components, such as the universal promotion of human rights, global equality of opportunity, a more equal distribution of resources globally, or promoting the autonomy of peoples who stand in relations of equality to one another. There is also debate about how best to realize the desired elements, what principles should govern our interactions at the global level, and how to improve the management of our global affairs. The chapter first considers John Rawls' Law of Peoples and its eight principles, along with some critical responses to this law. It then explores some grounds for scepticism about global justice, focusing on authority in the global domain and global governance. A case study on funding to address global poverty is presented, along with Key Thinkers boxes featuring Rawls and Thomas Pogge.
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Conference papers on the topic "Human rights and justice issues (excl. law)"

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"INTERNATIONAL HUMAN RIGHTS LAW: Aspirations and Challenges to Global Justice and Peace." In 6th INTERNATIONAL LEGAL ISSUES CONFERENCE. Tishk International University, 2021. http://dx.doi.org/10.23918/ilic2021.35.

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Cankurt, Ezgi. "Evaluation of the Decisions of the Ombudsman Institution According to Human Rights." In International Conference on Eurasian Economies. Eurasian Economists Association, 2019. http://dx.doi.org/10.36880/c11.02334.

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Alternative solutions have come to the fore in recent years. In our country, the new Ombudsman Institution is; Upon the operation and complaint of the administration, it is responsible for examining and conducting all kinds of actions and operations of the administration and its attitudes and behaviors within the understanding of justice based on human rights, in terms of compliance with law and equity, and to make recommendations to the administration. Therefore, it offers alternative solutions for these issues. In the first part, general information about the functioning of the Ombudsman Institution and the application standards will be given. In observing the decisions of the institution, reference is made to international conventions for examination. Because of this reason, in the second part, the decisions given by the ombudsman institutions will be evaluated for compliance with international conventions and the constitution. Recommendations made by the Agency also help to increase the total quality of public institutions. The decisions of the Ombudsman institution should be made in accordance with the international conventions and the constitution. Because without reference to human rights, there will be problems in terms of binding decisions. Therefore, facilitator methods should be followed in terms of application criteria.
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