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Journal articles on the topic 'Human rights law'

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Author: Grafiati

Published: 4 June 2021

Last updated: 27 July 2024

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1

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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2

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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3

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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4

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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5

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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6

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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7

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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8

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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9

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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10

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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11

Freeman, Michael. "Left, right and human rights." Res Publica 3, no. 2 (September 1997): 213–20. http://dx.doi.org/10.1007/bf02333605.

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12

Moussa, Jasmine. "Overview: Human Rights Law." Cambridge Journal of International and Comparative Law 1, no. 2 (2012): 123–26. http://dx.doi.org/10.7574/cjicl.01.02.27.

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13

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

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14

Knox, John H. "Horizontal Human Rights Law." American Journal of International Law 102, no. 1 (January 2008): 1–47. http://dx.doi.org/10.1017/s0002930000039828.

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What duties, if any, does international human rights law establish for individuals, corporations, and other private actors? For many years, the conventional answer has been that it places duties on states to respect the rights of individuals and creates few or no private duties. In other words, human rights law is aligned vertically, not horizontally. But that view has regularly been challenged. Most recently, in 2003, the United Nations Commission on Human Rights (Commission), historically the most important incubator of human rights agreements, received two proposed instruments that might appear to realign human rights law horizontally: private actors would have duties as well as rights, and they would owe those duties to society as a whole or to individuals within it. The draft Declaration on Human Social Responsibilities (Declaration) would identify duties that all individuals owe to their societies; and the Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights (draft Norms) would set out duties of businesses under human rights law. The Human Rights Commission did not embrace the proposals before its replacement by the Human Rights Council in 2006, and the Council has not considered them. Both received some support, however, and it seems likely that their proponents will continue to pursue adoption of their principles in one form or another. This article argues that if adopted, those principles would cause serious damage to human rights law.

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15

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

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16

Michaels, Ralf. "The right to have private rights." University of Toronto Law Journal 74, Supplement 1 (May 1, 2024): 128–50. http://dx.doi.org/10.3138/utlj-2023-0142.

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Hannah Arendt, famously, was no believer in human rights. Human rights, she thought, are unsatisfactory because they are territorially unlimited but ineffective. Her own alternative – the right to have rights, through membership in a political community – is not satisfactory either: such rights are effective but territorially limited and subject to the state’s discretion. Drawing on Karen Knop’s ‘private citizenship,’ this article suggests that a private international perspective may provide answers to these shortcomings. First, we should view private rights and private international law as the private side of human rights. Second, in times of great stress for a state, private international law can sometimes protect rights more subtly, more precisely, than human rights. And, third, the central role of private law in the protection of human rights provides a new lens on human rights more generally. By giving rights granted by states transboundary effectivity, private international law enables a third way beyond human rights that are ineffective and national rights that are territorially confined. It is by no means a panacea. But an analysis of human rights law, or of Arendt’s right to have rights, is incomplete unless it includes the right to have private rights as established by private international law.

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17

Balafouta, Virginia. "Strengthening “International law of transboundary rivers” international human rights law, international criminal law and international humanitarian law. The dynamics of the right to water." American Yearbook of International Law 1, no. 1 (January 15, 2023): 2–28. http://dx.doi.org/10.12681/ayil.33037.

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In the current paper, taking into account the transboundary rivers’ special importance and value, it is proposed that “International Law of Transboundary Rivers” should be established as an autonomous legal branch of International Law. Firstly, a legal framework for International Law of Transboundary Rivers is proposed, and then suggestions are made for its strengthening. It is argued that the governance of transboundary rivers is closely linked and promotes the maintenance of international peace and security, and all the other primary purposes of International Law. Moreover, the connection of International Law of Transboundary Rivers with International Human Rights Law, International Criminal Law and International Humanitarian Law is suggested. In addition, the proposed framework is linked to the Resolution A/RES/64/292 (2010) “The human right to water and sanitation”. The human right to water and sanitation, and its crucial importance are analyzed. In the context of the paper, the connection of the right to water and sanitation with several rights already enshrined: i) in the European Convention on Human Rights, ii) in the American Convention on Human Rights, and iii) in the African Charter of Human and Peoples’ Rights is attempted. This suggestion is made in order to be possible for individuals and for states to legally invoke and judicially assert this right. By the combined invocation of the right to water and sanitation with these rights, it could become possible to utilize the relevant regional human rights instruments and mechanisms, for the legal assertion of the right to water and sanitation, and for the fair and equitable use of transboundary rivers and their resources.

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18

Sonafist, Y. "Human Rights In Islamic Law." Interdiciplinary Journal and Hummanity (INJURITY) 2, no. 6 (June 12, 2023): 494–500. http://dx.doi.org/10.58631/injurity.v2i6.81.

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Many scholars write about textbooks on human rights both on a global scale and in Indonesia, but we find incompleteness on how human rights become practical and have value, a phrase in the book Human Rights Law. slightly) from the historical development of the birth of an understanding of human rights. And from an Islamic perspective we will read and see in the understanding of Islamic law itself. The problems inherent in human beings are something that attracts scientists, philosophers and also legal experts. Because in the human being itself is stored the will, rights and freedom that are inherent in him. Human rights (HAM) are rights that are owned by all people in accordance with humane conditions. Human problems are a matter of complexity, if the rights inherent in themselves are not fought for and protected, there will be social slavery, human colonization, and regulation. monolithic life. So that freedom and the will for independence should be restrained in the shackles of outside forces who "colonize". In history, the origin of human rights is from the theory of natural rights (Natural Rights theory). The natural theory of rights originates from the theory of natural law (natural law theory), the latter of which can be traced back all the way back to ancient times with stoic philosophy to modern times through the natural law writings of Saint Thomas Aquinas

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19

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

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On September 1, 2020, LLMC, a non-profit Minnesota-based consortium of law libraries, launched the open-access portal RIGHTS! (http://www.llmc.com/rights/home.aspx). If you are looking for primary materials such as current constitutions, human/civil rights acts, Non-Governmental Organizations’ websites, advocacy organizations, and other resources specifically dealing with injustices regarding marginalized parties, this is the place to look. Their stated mission is preserving legal titles and government documents, while making copies inexpensively available digitally through its on-line service, LLMC-Digital (http://www.llmc.com/about.aspx). The original intent was to focus on primarily US and Canadian sources, as seen by the dropdown navigation on the left of the site, but the site also includes other international sources. The page opens at the “Civil and Human Rights Law Portal—Global,” which includes links to various government organizations, judicial information, non-governmental organizations, research and education resources and various documents from different countries. The RIGHTS! site can also be reached through the parent page (http://LLMC.com) with the link to RIGHTS! Located in the right-hand column. The RIGHTS! Portal is sponsored by the Vincent C. Immel Law Library at Saint Louis University.

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20

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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21

Cruft, Rowan. "Human Rights Law Without Natural Moral Rights." Ethics & International Affairs 29, no. 2 (2015): 223–32. http://dx.doi.org/10.1017/s0892679415000088.

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

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22

Spagnoli, Filip. "The Globalization of Human Rights Law: Why Do Human Rights Need International Law?" Texas Wesleyan Law Review 14, no. 2 (March 2008): 317–36. http://dx.doi.org/10.37419/twlr.v14.i2.8.

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This Essay examines the globalization of human rights law, a rather recent legal development which has occurred in two parallel ways: human rights have become part of most national constitutions and have been enshrined in widely accepted international treaties. The central question of this Essay is the utility of international law in the field of human rights protection. The conclusion is that ideally human rights protection should be a national matter, but in an imperfect world, with failing national protection, international human rights protection is a necessary alternative. This Essay examines how, in an imperfect world, international law can contribute to human rights protection, and also how it hinders this goal. It looks at the problems of immunity, self-determination, and non-intervention; monism versus dualism; ius cogens; international monitoring; and other ways in which international law can have a positive or negative impact on the protection of human rights.

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23

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

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24

Rhéaume, Jean. "Human Rights and Human Nature." Revue générale de droit 28, no. 4 (March 16, 2016): 523–34. http://dx.doi.org/10.7202/1035619ar.

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At least two important consequences follow from the fact that human rights are based on human nature. First, they exist according to natural law even in cases where positive law does not recognize them. Secondly, they cannot evolve because the nature and purpose of the human being does not change: only their formulation and level of protection in positive law can vary according to the socio-historical context.

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25

Ladychenko, Viktor, and Anton Mykytiuk. "Environmental rights protection in the European Court of Human Rights." LAW. HUMAN. ENVIRONMENT 14, no. 4 (October 25, 2023): 24–36. http://dx.doi.org/10.31548/law/4.2023.24.

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A relevant issue of environmental law in Ukraine is the total violation of environmental human rights and the lack of guarantees for their restoration, as well as the imperfection of the procedure for bringing violators to justice. Since Ukraine is an active participant in international relations in the field of environmental protection, and the basic principles of foreign policy are enshrined in the Constitution of Ukraine, an appeal to the European Court of Human Rights may be a way to defend the violated rights to a clean environment. The study aims to examine the issue of environmental rights protection in the European Court of Justice. The study is based on the following methods of scientific cognition: formal legal, dogmatic, and comparative legal. The author analyses international legislation in the field of environmental rights protection. The author notes that environmental problems are borderless, and therefore, their overcoming requires all countries to join forces and share experiences. As stated, the issue of environmental protection and environmental security is becoming geopolitical in nature, given the international cooperation in the field of environmental protection which began more than 100 years ago. The author shows the signs of ensuring the implementation of the environmental rights of citizens both in Ukraine and abroad. Examples of effective international cooperation in the field of environmental protection are given. The author analyses the judgments of the European Court of Human Rights in cases related to the subject matter of the study. It is determined that when making a decision, national courts should adhere to the criteria set out by the European Court of Human Rights; find out how a certain situation arose; whether the State knew and should have known that the danger or harmful effect would affect the applicant’s private life; to what extent the applicant contributed to the deterioration of the situation and was able to remedy it without excessive costs. The practical significance of the study lies in the possibility of using its results in specialised classes, as well as in the preparation of scientific texts

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26

Rudolf, Beate. "Human Rights in Germany – A View from Germany's National Human Rights Institution." International Journal of Legal Information 44, no. 1 (March 2016): 50–58. http://dx.doi.org/10.1017/jli.2016.7.

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AbstractThis paper discusses the protection of human rights in Germany through the interplay of constitutional law and international human rights law. It also explores the relationship between specialized human rights treaties on the rights of women, children, and persons with disabilities with “general” human rights treaties and their added value. It will highlight current human rights issues, such as the treatment of refugees, the protection against racist discrimination, and the right to privacy in the digital age.

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27

Tigre, Maria Antonia. "International Recognition of the Right to a Healthy Environment: What Is the Added Value for Latin America and the Caribbean?" AJIL Unbound 117 (2023): 184–88. http://dx.doi.org/10.1017/aju.2023.28.

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Although there is still no United Nations treaty on the right to a healthy environment, the recognition of the right by the UN General Assembly and the UN Human Rights Council have helped solidify its status as customary international law. The overwhelming recognition of the right at the national and regional levels, and now at the United Nations, evidences greater uniformity and certainty in understanding human rights obligations relating to the environment. But what value do the resolutions add to the regional recognition of the right in Latin America and the Caribbean (LAC)? Through judicial and legislative developments, LAC has provided fertile ground for the flourishing of the right to a healthy environment. The region has seen some of the most innovative responses to the fragmented fields of human rights and the environment, providing a model for progressive legal development. Within this context, this essay focuses on how UN recognition of the new right may impact the burgeoning law on human rights and the environment in LAC. I argue that the resolutions should support the already rich environmental and climate jurisprudence in the region to realize the full potential of the right to a healthy environment. The right to a healthy environment can further solidify the role of the Inter-American Court of Human Rights (IACtHR) as a leading human rights court in environmental protection, with wide-ranging implications for rights-based environmental (and climate) litigation.

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Nickel, James W. "International Human Rights; International Human Rights Law: Cases, Materials, Commentary." Nordic Journal of Human Rights 34, no. 1 (January 2, 2016): 67–68. http://dx.doi.org/10.1080/18918131.2016.1154272.

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29

Dassesse, Marc. "Human Rights, European Law and Tax Law." EC Tax Review 3, Issue 3 (September 1, 1994): 86–90. http://dx.doi.org/10.54648/ecta1994018.

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Doswald-Beck, Louise, and Sylvain Vité. "International Humanitarian Law and Human Rights Law." International Review of the Red Cross 33, no. 293 (April 1993): 94–119. http://dx.doi.org/10.1017/s0020860400071539.

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International humanitarian law is increasingly perceived as part of human rights law applicable in armed conflict. This trend can be traced back to the United Nations Human Rights Conference held in Tehran in 1968 which not only encouraged the development of humanitarian law itself, but also marked the beginning of a growing use by the United Nations of humanitarian law during its examination of the human rights situation in certain countries or during its thematic studies. The greater awareness of the relevance of humanitarian law to the protection of people in armed conflict, coupled with the increasing use of human rights law in international affairs, means that both these areas of law now have a much greater international profile and are regularly being used together in the work of both international and non-governmental organizations.

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M. Gaffar, Janedjri. "Peran Putusan Mahkamah Konstitusi dalam Perlindungan Hak Asasi Manusia terkait Penyelenggaraan Pemilu." Jurnal Konstitusi 10, no. 1 (May 20, 2016): 1. http://dx.doi.org/10.31078/jk1011.

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Constitution, as the supreme law, is created to protect human rights. Constitution contains basic principles of state administration and citizens rights that have to be protected. In relation to the citizens political rights, election is related to Human Rigts matters. Election administration constitutes manifest acknowledgement of human rights in the life of the nation. Democratic election can be carrried out if there protection of human rights is guaranteed. One of the holders of judicial power that plays roles in providing human rigths protection through its decision is Constitutional Court (CC). The Court carries out the function as the guardian of the constitution, the final interpreter of the constitution. Besides, the Court also functions as the guardian of democracy, the protector of citizens’ constitutional rights and the protector of human rights. The function of the Court as the protector of human rights constitute consequence of the incorporation of Human Rights as the substance of the constitution. The endeavour of the Court to protect human rights can be perceived from some of its decisions either in the case of judicila review of laws or settlement of local election disputes which are, inter alia, restoration of the right to vote for the former members of Indonesian Communist Party, the right to vote for certain ex-prisoners, the granting of rights to be candidate for parties that do not have seat in the parliament, the right to be candidate for individual independent citizen in local election, protection of rights for incumbents, the right to vote that is free from threat and terror, protection of the right to be candidate thta is free from the act of impediment and recognition of mechanisms that are recognized in customary law.

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32

Hesselman, Marlies. "International Human Rights Law (2019)." Yearbook of International Disaster Law Online 2, no. 1 (February 19, 2021): 463–73. http://dx.doi.org/10.1163/26662531_00201_026.

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33

Eleanora, Fransiska Novita, and Andang Sari. "Human Rights and Law Enforcement." Lambung Mangkurat Law Journal 4, no. 1 (March 31, 2019): 114. http://dx.doi.org/10.32801/lamlaj.v4i1.100.

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Humans born into the world have declared their rights and naturalrights as gifts from the Almighty, God and every State must recognize them aslegal subjects who must always be respected and protected to realize human valueswell. Therefore; no one can or can act negatively, including the state or even theauthorities or the government. Conceptually, a country that is expected to realizeit is only a legal state that is considered legitimate and adheres to the notion ofdemocracy, namely democracy will become a rule and law. The realization of therule of law is to take action against perpetrators who are proven to have committedcrimes and human rights violations. This paper explains that there are still manycases of gross violations of human rights that have not been clearly revealed andthe perpetrators have not been given appropriate punishment, by giving sanctionsto the perpetrators, so that law enforcement is not realized. The embodiment ofthe rule of law is that it can capture cases of gross violators of human rights andconvict the perpetrators in accordance with the laws that apply in accordance withthe characteristics of the rule of law. The problem is whether law enforcement hasbeen realized especially in human rights violations and can be resolved throughnegotiation, conciliation and mediation.

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Contesse, Jorge. "Human Rights as Transnational Law." AJIL Unbound 116 (2022): 313–17. http://dx.doi.org/10.1017/aju.2022.54.

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In 1916, at the first meeting of the then newly created American Institute of International Law, jurists from different countries adopted a declaration stipulating that “[i]nternational law is at one and the same time both national and international.”1 A century later, Latin American international human rights law clearly reflects that idea. Since the adoption of the American Declaration of the Rights and Duties of Man in 1948, and especially since the 1950s, with the creation of the Inter-American Commission on Human Rights, and later with the adoption of the American Convention on Human Rights in 1969, human rights in Latin America have been, are, and will continue to be an essentially regional phenomenon of international law. By examining the Inter-American Court of Human Rights’ case law, this essay analyzes the way in which Latin America has articulated transnational human rights law, from the establishment of the inter-American system, to the distinctive forms of interaction and influence between international law and constitutional law. Drawing from recent jurisprudence on social rights, this essay shows that the idea of a Latin American common law of human rights—an idea that has become highly influential in the past decade—is an example of the outer limits of the potential integration. As such, the idea presents challenges that must be addressed in order for regional human rights to realize their full potential as transnational norms.

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Hobe, Stephan. "SPACE LAW AND HUMAN RIGHTS." Scientific works of National Aviation University. Series: Law Journal "Air and Space Law" 1, no. 62 (March 31, 2022): 9–13. http://dx.doi.org/10.18372/2307-9061.62.16475.

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Purpose: international space law, consisting of five international agreements and 7 resolutions of the United Nations General Assembly does not contain directly any provision that would hint to human rights. It cannot however be realistically perceived that there is any field of international law that would not be affected by human rights. Space Law provides an opportunity to be influenced by human rights. Article III of the Outer Space Treaty of 1967 allows the application of other areas of international law, such as human rights, in case of this area not being mentioned by the lex specialis of space law. Research methods: general-scientific and special-legal methods of scientific knowledge, in particular: system-structural and functional methods, method of observation, method of generalization, methods of analysis and synthesis have been applied. Results: in this short paper it will be assessed under which circumstances and with which effect human rights can be applied to the lex lata of international space law. Discussion: should no help be provided to an astronaut in distress? Should not the behaviour of astronauts on board the international space station be directed by the idea of human rights? Shouldn’t in the future any living together of human beings on celestial bodies like Moon or Mars be directed through human rights?

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Abdullah, Muntasir, and Safrizal. "Stoning Law and Human Rights." Britain International of Humanities and Social Sciences (BIoHS) Journal 2, no. 3 (October 30, 2020): 765–72. http://dx.doi.org/10.33258/biohs.v2i3.493.

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The law contained in Islam can provide values and an essential sense of justice for all Muslim and non-Muslim human beings. One of the laws in Islam is stoning. Adultery is an act that has been forbidden by Allah and is included in a big and very heinous sin. The application of the law of stoning was first applied in Islam before the conquest of Mecca (fathul Mecca), and before the revelation of Surah An-Nur verse 2 regarding vols (whips), Most scholars agree that for adulterers who are muhsan the punishment is death by being stoned with stones or the like. However, there is no reference that states that the type of stoning law violates human rights or does not violate human rights, but the highlight here is the stoning (death) punishment. Whether the death penalty violates human rights or not, this becomes a controversy between one party and another who has a different perspective, the concept of human rights in Islam is different from the concept of human rights in the perspective of western countries.

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Hesselman, Marlies. "International Human Rights Law (2020)." Yearbook of International Disaster Law Online 3, no. 1 (February 21, 2022): 536–53. http://dx.doi.org/10.1163/26662531_00301_028.

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Tkalych, Maxym, Oksana Safonchyk, and Yuliia Tolmachevska. "Private Law and Human Rights." DIXI 22, no. 2 (July 13, 2020): 1–12. http://dx.doi.org/10.16925/2357-5891.2020.02.04.

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Point of view: One of the basic concepts that underlies law as a phenomenon, as well as private law as one of the two areas of law, is the concept of natural law. This concept presupposes that rights and freedoms are an inalienable good of every person, regardless of the will of any external institutions. The ideas of natural law have been expressed in the concept of private law (the fundamental principles of private law are such principles as justice, good faith, reasonableness, dispositiveness, legal certainty, inadmissibility of interference in private affairs, inviolability of property rights, and freedom of contract). Object: The subject of the study is the problems of reforming of private law in modern conditions. The object of research is the social relations that arise in the plane of «person-person» and «state-person» in modern transformation processes. Methodology: The research methodology is formed by methods of analysis, synthesis, and modeling. Additionally, logical-legal, comparative-legal forecasting methods are used. The authors of the article tried to draw a parallel between the concepts of natural law, Roman law and private law. Results and discussion: An analysis of these concepts revealed that each of them is an integral part of the concept of modern Western civilization. At the same time, in modern conditions of pandemic, deglobalization, regionalization, collapse of human rights and the very concept of Western civilization, which is based on the ideas of humanism, liberalism, absolute human rights, inviolability of property rights and respect for privacy, are under threat.

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O'Manique, John. "Development, Human Rights and Law." Human Rights Quarterly 14, no. 3 (August 1992): 383. http://dx.doi.org/10.2307/762372.

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Moustafa M, Abdel Wadoud. "Human Rights in Islamic Law." Social Sciences 7, no. 5 (May 1, 2012): 683–88. http://dx.doi.org/10.3923/sscience.2012.683.688.

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McInerny, R. "Natural Law and Human Rights." American Journal of Jurisprudence 36, no. 1 (January 1, 1991): 1–14. http://dx.doi.org/10.1093/ajj/36.1.1.

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Bayefsky, Anne F. "Enforcing international human rights law." Canadian Foreign Policy Journal 6, no. 1 (January 1998): 117–26. http://dx.doi.org/10.1080/11926422.1998.9673169.

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Rice, Simon. "Queensland’s new human rights law." Alternative Law Journal 45, no. 1 (January 28, 2020): 3. http://dx.doi.org/10.1177/1037969x20903537.

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Bayne, Peter. "Human rights and administrative law." Commonwealth Law Bulletin 17, no. 1 (January 1991): 320–32. http://dx.doi.org/10.1080/03050718.1991.9986120.

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Semenov, Nikolai Sergeevich. "NATURAL LAW AND HUMAN RIGHTS." Theoretical & Applied Science 63, no. 07 (July 30, 2018): 62–65. http://dx.doi.org/10.15863/tas.2018.07.63.6.

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Mattson, Ingrid. "Law, Culture, and Human Rights." American Journal of Islam and Society 11, no. 3 (October 1, 1994): 446–50. http://dx.doi.org/10.35632/ajis.v11i3.2424.

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This conference, unfortunately, lacked focus and direction. Theconference brochure and posters were the first indication that distressingleaps of association were going to be made. One wondered why, forexample, Malcolm X, Yasser Arafat, and Saddam Hussein were picturedon the brochure when their actions and ideas were in no way related toanything disclls.5ed in the conference. And why was a picture of a jubilantHanan Ashrawi set beside a miserable looking woman in a black chador?This crass visual melange of "Islamic" figures would not have been sosignificant if the conference had been more focused, but this was not thecase. Still, there were a number of interesting debates and discussions.The inclusion of a panel of medievalists was one strange feature ofthe conference. While Joseph van Ess's paper on the role of the individualin medieval Islamic culture was intensting, it was anachronistic ina conference on contemporary human rights. As I listened to Michaelcook's talk on "al 'Amr bi al Ma'ruf and Human Rights" (from amedieval perspective), I recalled a statement by an Exeter scholar thatorientalists mlize fundamentalists' wildest dreams when they leap backa thousand years to explain current events. It is hard enough to deal withMuslims who want to reinstate a medieval political order without havingCook offer a few of his own suggestions ...

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Maran, Rita. "Religion, Law, and Human Rights." Listening 45, no. 3 (2010): 215–20. http://dx.doi.org/10.5840/listening201045319.

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Hesselman, Marlies. "International Human Rights Law (2021)." Yearbook of International Disaster Law Online 4, no. 1 (April 13, 2023): 550–67. http://dx.doi.org/10.1163/26662531_00401_031.

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Eleanora, Fransiska Novita, and Andang Sari. "HUMAN RIGHTS AND LAW ENFORCEMENT." Lambung Mangkurat Law Journal 4, no. 1 (March 31, 2019): 114–21. http://dx.doi.org/10.32801/abc.v4i1.83.

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Humans born into the world have declared their rights and natural rights as gifts from the Almighty, God and every State must recognize them as legal subjects who must always be respected and protected to realize human values well. Therefore; no one can or can act negatively, including the state or even the authorities or the government. Conceptually, a country that is expected to realize it is only a legal state that is considered legitimate and adheres to the notion of democracy, namely democracy will become a rule and law. The realization of the rule of law is to take action against perpetrators who are proven to have committed crimes and human rights violations. This paper explains that there are still many cases of gross violations of human rights that have not been clearly revealed and the perpetrators have not been given appropriate punishment, by giving sanctions to the perpetrators, so that law enforcement is not realized. The embodiment of the rule of law is that it can capture cases of gross violators of human rights and convict the perpetrators in accordance with the laws that apply in accordance with the characteristics of the rule of law. The problem is whether law enforcement has been realized especially in human rights violations and can be resolved through negotiation, conciliation and mediation.

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Novenanty, Wurianalya Maria. "Between Human Rights and Justice Principle in Children’s Civil Rights." MELINTAS 32, no. 2 (August 31, 2017): 132. http://dx.doi.org/10.26593/mel.v32i2.2675.132-147.

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Children’s rights are fundamental in a country. Children are the future generation of a country. They have rights in civil law field. The examples of such rights are the right to have family name, the right to get alimony, and the right to get inheritance from the parents. Indonesian Law Number 1 of 1974 regarding Marriage (Marriage Law) distinguishes the civil rights of legitimate and illegitimate children. In 2010, the Indonesian Constitutional Court produced a decision which became a controversial decision because it was deemed to ‘legalize’ illegitimate child to have the same rights as legitimate child. The reason behind such decision is the human rights which should apply nondiscriminative principle. Some parties disagree with the reasoning behind this decision. They consider the decision unjust and that it violates social and religious norms in giving illegitimate and legitimate children the same rights in spite of the status difference. The author will discuss children’s civil rights based on civil law, human rights, and justice principle in Indonesia.

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