Academic literature on the topic 'Human rights law'

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Journal articles on the topic "Human rights law"

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Nambiar, Dr Bindu M. "International Human Rights Law and Right to Health Care." International Journal of Scientific Research 2, no. 11 (June 1, 2012): 268–69. http://dx.doi.org/10.15373/22778179/nov2013/85.

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

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The overarching ambit of law today encompasses not only the custodian of protecting the fundamental rights of individuals but also the right to live with dignity. This dignity comes not only from ascribed rights that an individual is entitled to, but also with a right to fair survival. The current pandemic has shown not only how a microscopic virus can drive people out of employment and how environment is a supremely important factor to our survival. While health is both a duty and a right so is the Environment. Social Justice is not simply an aim of the legal system, but also a framework and fabric on which civilization is sustained. In this sense, human rights, or rather fundamental rights include more than the rights at the personal level, to even extend to those that come with a greater application. Chiefly this resides with the environment where a person is expected to live- not simply a place but a habitable safe and secure place, and with it comes the obligation to keep it protected and preserve it too. Hence the growing environmental and health concerns are equally significant domains covered under human rights. Researchers have attempted to bring a nexus between the rights and the situations that monitor rights through this paper.
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Nasimi Chingizzadeh, Chingiz. "HUMAN RIGHTS RELEVANT TO TRADEMARKS." ANCIENT LAND 03, no. 04 (June 30, 2021): 19–21. http://dx.doi.org/10.36719/2706-6185/03/19-21.

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Human rights and trademark laws do not go well together. This is partly the result of an educational tradition and the division of legal research into private and commercial law on the one hand and public law, international law and human rights law on the other. This division is also reinforced by the historical judiciary in many countries. However, human rights concerns are becoming more and more relevant in trademark law. Keywords: Intellectual property, trademark, human rights, freedom of expression, privacy, property
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Boxberg, Miriam H., and Catherine E. Gascoigne. "Human Rights Law." Cambridge Journal of International and Comparative Law 3, no. 1 (2014): 221–28. http://dx.doi.org/10.7574/cjicl.03.01.157.

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

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DORANTES, Roberto Parra. "ORIGINALISM, RULE OF LAW AND HUMAN RIGHTS." International Journal of Theology, Philosophy and Science 4, no. 6 (May 25, 2020): 43–53. http://dx.doi.org/10.26520/ijtps.2020.4.6.43-53.

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ugli, Akmalkhonov Bosithon Azizkhon. "LEGAL ISSUES OF PROTECTION OF PROPERTY LAW AS A HUMAN RIGHT IN INTERNATIONAL PUBLIC LAW." International Journal of Law And Criminology 4, no. 7 (July 4, 2024): 24–29. http://dx.doi.org/10.37547/ijlc/volume04issue07-05.

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This article examines the legal issues surrounding the protection of property rights as a fundamental human right under international public law. It traces the historical development of property rights, analyzes key international legal instruments and court cases that have defined and interpreted this right, and explores challenges in balancing private property rights with public interests and state sovereignty. The article concludes that while property rights are well-established as a human right, their scope and implementation continue to evolve through international legal mechanisms.
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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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Y. Sonafist. "Epistemology of Islamic Law Concerning Human Rights." Hikmatuna : Journal for Integrative Islamic Studies 9, no. 1 (June 28, 2023): 64–77. http://dx.doi.org/10.28918/hikmatuna.v9i1.985.

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Human rights law in the context of answering human rights debate as the spirit of constitutional law, international law, and criminal law. civil law, and procedural law with a blended approach international law and national law. In the Islamic context, the understanding of Human Rights is studied through the understanding of Islamic Law itself. The problems inherent in humans are of interest to scientists, philosophers, and legal experts because humans have inherent will, rights, and freedom. in Islam, all human rights are obligations of a state or individual that cannot be ignored. Hence, human rights in Islamic law are related to the concept of equality which is transcendentally stipulated for the benefit of humans through Islamic law. In Islamic law, humans are beings who have duties and responsibilities and have rights and freedoms based on justice. Human rights are rights that are owned by everyone in accordance with human conditions. Human problems are complex if the rights inherent in humans are not fought for and protected, such as the right to life, the right to freedom, the right to religion, the right to justice, the right to equality, the right to education, the right to freedom of opinion, the right to ownership, and the right to get a job. .In other words, without protection there will be social oppression, human colonization, and authoritarian life arrangements. Therefore, freedom and the will for independence must be protected from oppressive outside forces.
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Shcherbanyuk, Oksana, and Laura Bzova. "Rule of Law and Human Rights: Analysis of International Standards and Case Law." Perspectives of Law and Public Administration 13, no. 1 (March 25, 2024): 25–32. http://dx.doi.org/10.62768/plpa/2024/13/1/03.

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The EU's human rights policies and actions have two main components: protecting the fundamental rights of EU citizens and promoting human rights around the world. One of the aspects that the UN focuses on is the relationship between democracy and human rights, as the organisation upholds the importance of equal political participation of citizens of its states and full respect for human rights, including the recognition, protection and promotion. As defined by the United Nations International Children's Emergency Fund (UNICEF), human rights are norms that recognise and protect the dignity of all people, meaning they apply to everyone, without distinction of race, gender, education, political opinion, sexual orientation or any other type of moral judgement. The realisation of human rights also obliges states to be responsible for protecting these norms and prohibits certain acts that violate them. Human rights can be said to be one of the greatest achievements of mankind. One of the most important human rights documents is the Universal Declaration of Human Rights, signed in 1948 at the UN General Assembly. Consisting of 30 articles, the Declaration formalises all the theoretical developments made earlier on civil, political, social, economic and cultural rights. Another innovation of the Declaration was the inclusion of human rights in the universal character, becoming the rights of all peoples. Thus, for the UN, human rights "are universal legal guarantees that protect individuals and groups from acts and omissions by governments that violate human dignity"3. Human rights are fundamental and therefore inalienable human rights, i.e. those rights whose violation would lead to an attack on the very essence of humanity. For this reason, it is important that everyone is aware of and knows about human rights, their content and the forms of protection provided for them, as everyone should be able to enjoy their fundamental rights for the sole purpose of living in peace, without distinction. Human rights, democracy and the rule of law create an environment in which countries can promote development, protect people from discrimination and ensure equal access to justice for all.
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Dissertations / Theses on the topic "Human rights law"

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

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

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This study is the first systematic global analysis of the impact of law on human rights, analyzing the impact of twenty-three constitution provisions and an international covenant on three measures of human rights behavior, over the period of 1976-1996. Three sets of constitutional provisions are analyzed, including 1) ten provisions for individual freedoms and due process rights, 2) nine provisions for elements of judicial independence and 3) four provisions that outline procedures for states of emergency. Additionally, the impact of the International Covenant on Civil and Political Rights on actual human rights behavior is analyzed. Each of these areas of law are evaluated individually, in multiple models in which different elements vary. For example, some models control for democracy with different measures, others divide the data into the Cold War and post-Cold War eras, and some test constitutional indices. Finally, all provisions are simultaneously analyzed in integrated models. Provisions for fair and public trials are consistently shown to decrease the probability of abuse. An index of four freedoms (speech, religion, association, and assembly) decreases the probability of abuse somewhat consistently. Three of the provisions for judicial independence are most consistent in reducing the probability of abuse: the provisions for exclusive judicial authority, for the finality of judges' decisions, and banning exceptional courts. Two of four states of emergency provisions decrease abuse as international lawyers have argued: the provisions for legislative declaration of the emergency and the ban against dissolving the legislature during an emergency. However, two of the provisions are shown to hurt human rights practices: the duration and the derogation provisions. The International Covenant on Civil and Political Rights does not demonstrate a statistically significant impact. While the performance of the constitutional provisions is less than legal scholars would hope, their combined impact over time are shown to be quite large, relative to the impacts of other factors shown to affect human rights abuse.
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Youngs, Raymond. "A comparative law assessment of the contribution which German human rights law can make to English human rights law." Thesis, Kingston University, 2013. http://eprints.kingston.ac.uk/27783/.

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Swanson, Alan D. "International human rights law and development : a human rights way to development." Thesis, University of Essex, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.341236.

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

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Deference in international human rights law has provoked animated discussion, particularly the margin of appreciation doctrine of the European Court of Human Rights. Many commentators describe the practice of deference but do not explain how it affects judicial reasoning. Some approve characteristics of deference but do not provide a justification to defend the practice against criticism. Others regard deference as a danger to human rights because it betrays the universality of human rights or involves tribunals either failing to consider a case properly or missing an opportunity to set human rights standards. This thesis employs a different approach by focussing on deference as the practice of assigning weight to reasons for a decision on the basis of external factors. This approach draws on theories of second-order reasoning from the philosophy of practical reasoning. The thesis offers a conceptual account of deference that accords with the practice not only of the European Court of Human Rights, but also the Inter-American Court of Human Rights and the UN Human Rights Committee. Additionally the thesis presents a normative account of deference, that the role of these tribunals entails permitting a measure of diversity as states implement international human rights standards. Deference in international human rights law then is the judicial practice of assigning weight to the respondent states’ reasoning in a case on the basis of three factors: democratic legitimacy, the common practice of states and expertise. This affects judicial reasoning by impacting the balance of reasons in the proportionality assessment. The account defended in this thesis dispels concerns that deference is a danger to human rights, whilst providing a theory that justifies the practice of the tribunals. The thesis thus provides the contours of a doctrine of deference in each of the three international human rights systems.
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Nolan, Mark Andrew. "Construals of human rights law protecting subgroups as well as individual humans /." Connect to this title online, 2003. http://thesis.anu.edu.au/public/adt-ANU20050324.155005/.

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Metcalfe, Eric William. "Are cultural rights human rights? : a cosmopolitan conception of cultural rights." Thesis, University of Oxford, 2000. http://ora.ox.ac.uk/objects/uuid:c2002d1f-98de-4131-a758-58a8bb84d85d.

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The liberal conception of the state is marked by an insistence upon the equal civil and political rights of each inhabitant. Recently, though, a number of writers have argued that this emphasis on uniform rights ignores the fact that the populations of most states are culturally diverse, and that their inhabitants have significant interests qua members of particular cultures. They argue that liberals should recognize special, group-based cultural rights as a necessary part of a theory of justice in multicultural societies. In this thesis I examine the idea of special cultural rights. In the first part (Chapters 1 to 4), I begin by setting out some of the different conceptions of culture and multiculturalism that are involved in the debate over cultural rights. I then discuss three claims made by supporters of special cultural rights: (1) that having culture is an essential part of individual autonomy; (2) that people have morally significant interests qua members of particular cultures; and (3) that these interests are inadequately protected by existing liberal conceptions of human rights. Although I conclude that (1) is correct, I argue that both (2) and (3) are mistaken. Among other things, I suggest that the version of culture relied upon by supporters of special cultural rights is an implausible one and I outline what I take to be a more plausible, cosmopolitan conception of culture. In the second part (Chapters 5 to 9), I begin by looking at specific instances of cultural rights-claims, and analyzing the concept of cultural rights qua rights. I consider the practical and conceptual difficulties with special cultural rights at great length. But the core of my thesis is that our interest in culture lies in its contribution of worthwhile goals and options, and that this interest lies in culture generally rather than in particular cultures. Hence, adopting a special or group-based distribution of any right to culture would seem to be inconsistent with liberal egalitarian principles. If there are such things as cultural rights, I argue, they are general rather than special rights. I conclude by offering a very preliminary account of what a cosmopolitan conception of cultural rights might involve in the case of the right to free association and language rights.
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Fairclough, Thomas. "The Human Rights Act 1998 in constitutional context : the common law, the rule of law, and human rights." Thesis, University of Cambridge, 2019. https://www.repository.cam.ac.uk/handle/1810/285494.

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The Human Rights Act 1998 (HRA) is seen as a landmark piece of constitutional legislation that brought about many legal and political changes in the United Kingdom's human rights architecture. Yet the HRA is vulnerable to repeal; successive governments have promised to repeal or otherwise alter the HRA. In this climate, the Supreme Court has instructed counsel to argue common law rights first, with the HRA there to supplement and fill the gap on the occasions where the common law does not go as far as the HRA. The logical conclusion of this is that the Supreme Court, or at least some Justices, think that the common law adequately protects rights to a level near, if not the same as, the HRA does; the results of arguing the common law will often be the same as those resulting from reliance on the HRA. The academic commentary regarding these judicial statements has been far from enthusiastic. The consensus is that common law rights do not go as far as the HRA in terms of their width, that the enforcement mechanisms lack rigour compared to s 3 HRA and the proportionality principle, and that they are vulnerable to legislative override. Therefore, a loss of the HRA would be a loss for the legal protection of rights. This thesis disputes the conclusion stated in the foregoing paragraph. It argues that one has to view the vectors against which one can measure the potency of common law rights through the lens of the rule of law. This principle, the controlling factor in the constitution, promises protection against arbitrary behaviour by state actors because it embodies the value of equality of concern. Once this is appreciated, an entirely new dimension of common law rights becomes apparent; the reach of rights, their rigour of protection, and their constitutional resilience are revealed to be much stronger than orthodoxy suggests.
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Mishina, O. "Ecology and law: the human rights case." Thesis, Вид-во СумДУ, 2006. http://essuir.sumdu.edu.ua/handle/123456789/11698.

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Sadeghi, Soraya <1995&gt. "Protecting Human Rights Defenders under International Law." Master's Degree Thesis, Università Ca' Foscari Venezia, 2020. http://hdl.handle.net/10579/17750.

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The main aim of this thesis is to analyse how international instruments and their corresponding mechanisms support and protect Human Rights Defenders and to which extent this support is useful. Human Rights Defenders have always faced difficulties due to their operate that is essential to promote and implement democracy and human rights. After a detailed introduction in which they are described the categories most at risk of HRDs, the first chapter is based on the crucial moment of the adoption of the 1998 UN Declaration on Human Rights Defenders and the consequent role of the UN Special Rapporteur. In the second chapter they are analysed the different regional mechanisms that the various human rights organizations in America, Africa and Europe have adopted to protect HRDs and how they have changed over time. Lastly, in the third chapter it has been made a comparison between the most influential cases about human rights defenders that have been submitted before the European Court of Human Rights and the Inter-America Court of Human Rights.
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Books on the topic "Human rights law"

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

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

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

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

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

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

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Bríd, Moriarty, Cotter Anne-Marie Mooney, and Blackwell Noeline, eds. Human rights law. Oxford [England]: Oxford University Press, 2004.

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Pisillo Mazzeschi, Riccardo. International Human Rights Law. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-77032-7.

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Cook, Rebecca J. International human rights law. 2nd ed. [Toronto]: Faculty of Law, University of Toronto, 2003.

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Cook, Rebecca J. International human rights law. [Toronto]: Faculty of Law, University of Toronto, 1997.

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Book chapters on the topic "Human rights law"

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

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

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Freckelton, Ian. "Human Rights Law." In Forensic and Legal Medicine, 20–28. Boca Raton: CRC Press, 2023. http://dx.doi.org/10.1201/9781003138754-4.

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

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

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

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

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

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

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Gerards, Janneke. "European Court of Human Rights." In Elgar Encyclopedia of Comparative Law. Edward Elgar Publishing Limited, 2023. http://dx.doi.org/10.4337/9781839105609.rights.

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Conference papers on the topic "Human rights law"

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

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

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

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

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

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

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

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

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

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

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Reports on the topic "Human rights law"

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

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

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Are international human rights treaties associated with better rights performance? The appetite for a conclusive answer has driven a number of large scale quantitative studies that have broadly shown little or no effect, and sometimes even a backsliding. However, the headline conclusions belie much more complicated findings, and the research methods used are controversial. These issues undermine confidence in the findings. Comparative and individual case studies allow for more detailed information about how domestic human rights activists use international human rights laws in practice. They tend to be more positive about the effect of treaties, but they are not as systematic as the quantitative work. Some indirect measures of treaty effect show that the norms contained within them filter down into domestic constitutions, and that the process of human rights reporting at the UN may be useful if dialogue can be considered an a priori good. It is likely that states are driven to comply with human rights obligations through a combination of dynamic influences. Drivers of compliance with international law is a major, unresolved question in the research that is heavily influenced by the worldview of researchers. The two strongest findings are: Domestic context drives compliance. In particular: (1) The strength of domestic non-governmental organisations (NGOs), and links with international NGOs (INGOs), and (2) in partial and transitioning democracies where locals have a reason to use the treaties as tools to press their claims. External enforcement may help drive compliance when: (1) other states link human rights obligations in the treaties to preferential trade agreements, and (2) INGOs ‘name and shame’ human rights violations, possibly reducing inward investment flows from companies worried about their reputation. Scholars also identify intermediate effects of continued dialogue and norm socialisation from the UN’s human rights reporting processes. Interviews with diplomats involved in UN reporting say that the process is more effective when NGOs and individual governments are involved.
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Siampakou, Niki. Victims of Terrorism and Reparation: Applying the 2005 UN Basic Principles and Guidelines on the Right to a Remedy and Reparation. ICCT, December 2023. http://dx.doi.org/10.19165/2023.2.09.

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While victims of terrorism undergo significant harm, there is currently no specific legal framework addressing their right to reparation. Certain regional provisions focus on establishing compensation funds under national law but do not explicitly acknowledge an existing right to reparation which includes restitution, compensation, rehabilitation, satisfaction, and guarantees of non repetition. To fill this gap, this Policy Brief argues that the UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (UN Basic Principles and Guidelines) should be applicable to terrorism victims. The brief initially explores the absence of an internationally proclaimed right to reparation for this category of victims. Subsequently, it illustrates that considering the shared characteristics between victims of terrorism and those of international crimes, gross violations of International Human Rights Law, or serious violations of International Humanitarian Law as well as the common elements between terrorism and international crimes, gross violations of human rights and humanitarian law, the UN Basic Principles and Guidelines should extend to victims of terrorism. This application is seen as a recognition of their right to reparation, fulfilling states’ responsibility to provide a comprehensive framework for the harm suffered by victims and consequently enhancing the international protection of terrorism victims.
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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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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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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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Fluzin, Cyprien. The Use of Administrative Measures Against an Evolving Terrorist Threat: Raising the Stakes for Human Rights, the Rule of Law, and Democracy. ICCT, March 2024. http://dx.doi.org/10.19165/2024.1412.

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Terrorism in Western nations has changed significantly over the past years, putting security services to the test and prompting necessary adaptations in counter-terrorism strategies. In this context, states may be tempted to resort to more flexible and swiftly implemented tools such as administrative measures. However, this Policy Brief argues that the known risks associated with administrative measures may be magnified today by a combination of factors and pose new challenges. First, the broadening of the perceived terrorist threat, as it coincides with escalating social and political tensions in many democracies, contributes to obscuring the boundaries between activism, disorder, extremism (violent or not), and terrorism, increasing the risk of misuse as part of attempts to protect the public order. Second, the increasingly tense political climate displaying growing polarisation and escalating populist rhetoric raises additional risks of intentional abuse. Finally, it appears that the overreliance on administrative measures, even when prima facie compliant with the law, may also contribute to an erosion of some human rights and rule of law principles. In addition to causing harm to specific individuals or groups, the accumulation of these circumstances may also affect entire societies and undermine democracy altogether. This Policy Brief argues that the current backdrop calls for renewed caution in the use of administrative measures and a dramatic strengthening of existing safeguards and protections against arbitrary or unlawful uses.
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Mazurkiewicz, Marek. ECMI Minorities Blog. German minority as hostage and victim of populist politics in Poland. European Centre for Minority Issues, February 2022. http://dx.doi.org/10.53779/fhta5489.

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On 4 February 2022, the Polish Journal of Laws published a new ordinance of the Minister of Education and Science, implementing cuts in the funding of education of German as a minority language. Consequently, the hourly length of such lessons will be significantly reduced. This regulation applies exclusively to the German minority, and the official motive for introducing discriminatory measures is to improve the situation of Polish diaspora in Germany. This is the first time after 1989 when the Polish state authorities introduce a law limiting the rights of Poland’s citizens belonging to a national minority (in this situation children), as a retaliation for the alleged situation of a kin-community elsewhere. Importantly, the adopted regulations are not only discriminatory towards one of the minorities; their implementation may in fact contribute to the dysfunctionality of the entire minority education system in Poland. This is also an obvious violation of the constitutional principle of equality before the law, the right of minorities to ‘maintain and develop their own language’, international standards of minority rights protection, as well as a threat to the very functioning of human rights protection mechanisms in the country.
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Terzyan, Aram. The State of Minority Rights in Uzbekistan: A Comparative Analysis of Tajiks, Russians, and Koreans. Eurasia Institutes, December 2023. http://dx.doi.org/10.47669/erd-1-2023.

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This paper examines the state of minority rights in Uzbekistan, focusing on three significant ethnic groups: Tajiks, Russians, and Koreans. It explores the historical context of these minorities, the cultural and linguistic challenges they face, socioeconomic issues, and their political representation. Under the authoritarian rule of Islam Karimov, Uzbekistan emphasized a unified Uzbek identity, often marginalizing minority cultures and languages. Despite President Shavkat Mirziyoyev’s reforms aimed at improving human rights, including the establishment of a Human Rights Ombudsman and the Development Strategy for 2017-2021, significant challenges remain. Legislative initiatives such as the draft Law on the Protection of the Rights and Interests of National Minorities and efforts to enhance cultural policies have had mixed success. This analysis highlights the need for comprehensive measures to ensure robust legal protections, equitable resource allocation, and genuine political inclusion for all ethnic minorities in Uzbekistan. The international community’s role in advocating for these rights is also discussed, emphasizing the gap between policy and practice in protecting minority rights in Uzbekistan.
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