International Human Law Research Articles

التطورات التاريخية لدور المجتمع الدولي في الدفاع عن حقوق الانسان والمرأة

The Islam and the biography of the Prophet's locate the relationship between men and woman with the Precious verse " " and made them equal in rights and duties, and singled out women with care and hospitality describing her the other half of the man. Since the inception of the political and social history of the state of Iraq, women have struggled to prove the fulfillment of their political, civil and social rights as a citizen. The United Nation and most civilized countries and the international organizations have been concerned with human rights in general and with women’s rights in particular in order to protect and empower them, and preserve their position in society giants women and political. The issue of women’s rights is societal and cannot be separated from the progress of society and human rights and the law has guaranteed their inferiority in education and their legal, economic, social and political rights. As for her rights as a citizen, empowering women and liberating them from all forms of violence, developing their capacity, their participation with men in work and education, improving their standard of living and raising their position in assuming the highest positions. The research dealt with first concepts and terminology developed in the research on human rights and women’s, explanation discrimination against women with what included in international human law and international humanitarian law. And came in Second " Arab in the era of Islam and the Prophetic message, We touched on " Arab women contemporary and women's rights as human beings and as citizens", In (the conclusion), we concluded that " Women still suffer marginalization and the absence of equality with men i8n their Legitimate rights, So a qualitative change must be made in cultures to divide and eliminate discrimination against women and formulate policies to advance their reality. • Keywords: human rights, women’s rights, women empowerment.

International protection of human rights during armed conflicts

This work examines an issue that affects the most important problems of today, in particular, the relationship between the norms and principles of international law and human rights and their basic freedoms during international armed conflicts, in connection with the violation of Article 2 of the Convention on the Protection of Human Rights and Fundamental Freedoms. One of the important issues of the relationship between the norms and principles of international human rights law and their fundamental freedoms, which apply to Article 2 of the Convention on the Protection of Human Rights and Fundamental Freedoms and violate it, is highlighted. The purpose of this work is to identify problems related to the protection of human rights and freedoms during armed conflict, on the basis of the analysis of current international and national legislation, including taking into account specific features in Ukraine. One of the main analytical methods is a comparative analysis that analyzes international humanitarian law and international human law by comparing national practice of implementing human rights protection systems with a legal framework governing the subject of research at several national and international levels. It is noted that international humanitarian law plays an important role in respecting and regulating human rights during armed conflict. This article explains the main differences between international humanitarian law and international human rights. It analyzes the protection of human rights in accordance with international human rights and international humanitarian law, as well as retrospectively analyzes their formation. According to the results of comparative analysis, the conclusion was made that t he overwhelming number of modern armed conflicts is not international in nature, which is defined Features of human rights protection in these conditions. The formation of legal regulation and its c hanges from the very beginning of the armed conflict in Ukraine and the state of human rights protection .

Serious violations of international human rights law and international humanitarian law, and individual reparations

Serious violations of international human rights law and international humanitarian law, and individual reparations

La imprescriptibilidad del derecho a obtener reparación integral de las víctimas de Lesa Humanidad

La Corte Interamericana de Derechos Humanos ha establecido un nuevo estándar convencional en reciente jurisprudencia: la imprescriptibilidad del derecho a reparación integral en los aspectos civiles del daño ocasionado por delitos de lesa humanidad, a las víctimas de delitos de lesa humanidad. Ello en consonancia con la evolución del derecho internacional de los derechos humanos.

¿Existe un lugar para el arbitraje dentro del sistema de reparaciones practicado por la Corte Interamericana de Derechos Humanos?

espanolEl presente trabajo trata sobre el rol que podria ocupar el arbitraje en el sistema de reparaciones desarrollado por la Corte Interamericana de Derechos Humanos cuando resuelve casos contenciosos. Para ello, se expondra lo sucedido en los unicos dos casos en los que la Corte entretuvo la posibilidad de considerar al arbitraje como un mecanismo alternativo de determinacion de reparaciones: Garrido y Baigorria vs. Argentina y Chaparro Alvarez y Lapo Iniguez vs. Ecuador. A partir de un analisis de estos precedentes, el autor intentara: a) identificar y caracterizar los diferentes enfoques que la Corte asumio en cada caso con respecto al arbitraje; b) evaluar si ambas aproximaciones son consistentes con el derecho internacional de los derechos humanos y los principios generales del arbitraje; y c) senalar como y cuando el arbitraje puede ser utilizado como un mecanismo alternativo de determinacion de reparaciones en un caso de violacion de derechos humanos. EnglishThis work addresses the role which arbitration could occupy within the reparations system developed by the Inter-American Court of Human Rights when solving contentious disputes. In that sense, the only two precedents in which the Court entertained the possibility of considering arbitration as an alternative means for the determination of reparations shall be described: Garrido and Baigorria vs. Argentina and Chaparro Alvarez and Lapo Iniguez vs. Ecuador. From the analysis of these two precedents, the author will try to: a) Identify and characterize the different approaches taken by the Court in each case; b) evaluate whether these two approaches are consistent with the relevant international human rights law and the general principles of arbitration; c) point out how and when arbitration can be used as an alternative mechanism to determine the reparations in a case concerning human rights violations.human rights violations.

Human Rights Law and Practice

The book, Human Rights Law and Practice, critically examines the evolution of contemporary human rights law and practice with special reference to India. It evaluates the ongoing discourse on various issues relating to life, liberty, equality and human dignity and their reflections in international human rights law referring the state practice through Constitutional guarantees, judicial decisions as well as through enacting appropriate legislations. The book is divided into nine Chapters. The Chapter 1 is preliminary which discusses theoretical foundations of human rights law. The Chapter 2, namely, “international bill of human rights” demonstrates various facets of civil and political rights as well as economic, social and cultural rights. While the Chapter 3 is devoted to discuss the importance of human rights law in protection against inhuman wrongs, the Chapter 4 demonstrates a large number of debates oncerning human right to development and protection of environment. The Chapter 5 explores various issues relating to human rights in Indian Constitutional law, while the Chapter 6 discusses role of human rights law in protecting women and children. The scope and ambit of the rights of indigenous peoples and minorities have been debated during last few decades. Therefore, the Chapter 7 discusses the function of human rights law for protection of indigenous peoples, whereas the Chapter 8 is devoted to discuss the contour of the human rights law that deals with minority protection. The persons with disabilities have not only been discriminated against in almost all societies throughout history but they are even excluded from the societal mainstream and denied their basic human rights. Therefore, the Chapter 9 examines the utility and justifications of human rights law in protecting the rights of persons with disabilities. Thus, the division of Chapters of the book is excellent as the initial Chapters have discussed mostly individual rights and rest of the Chapters have thrown light on the collective rights of women, children, minorities, indigenous “peoples” as well as the right to have good environment and balanced development.

International institutional design and human rights: The case of the Inter-American Human Rights System:

Most studies examining the effectiveness of international human rights law treat international human rights institutions as equally (un)influential on state behavior. I argue that institutional des...

Implementación del Derecho Internacional Humanitario en Ecuador

El régimen de Derecho Internacional Humanitario, sin duda, requiere de su implementación a escala nacional para tener un impacto apropiado en la regulación de los conflictos armados. El presente trabajo busca explorar de manera crítica la aplicación de dicho régimen en Ecuador, no únicamente en términos de implementación de tratados internacionales en la legislación nacional, sino también en el rol del gobierno y otras instituciones. Con este propósito, se analizará la adhesión del Ecuador a tratados internacionales y su vinculación con la legislación nacional, así como otras medidas relativas a instituciones como el Ministerio de Relaciones Exteriores, el Ministerio de Defensa, entidades educativas, la Comisión Nacional de Derecho Internacional Humanitario y la Cruz Roja Ecuatoriana.

International Human Rights Treaties in Central American Jurisdictions: Interpretative Guidelines and Principles for the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

As part of the Institute for Latin American Studies (IDELA) project on Current Migration Trends in Latin America, an analysis of the regional regulations on human rights is conducted in this paper in order to highlight efforts for an interpretative harmonization, and to ulteriorly study the possibilities of building regional regulations. The scope of the international human rights law is reviewed, since the international treaties protecting such rights include the protection of migrants as a vulnerable social group within this perspective

Participação, Democracia e Cidadania dos Povos Indígenas no Contexto Internacional Através dos Sistemas Europeu e Interamericano de Direitos Humanos

This article presents the global democratization for the protection of minorities through the global promotion of European systems and Inter-American Human Rights. At the level of international human rights law, these ideas are the basis of so-called “speci- fication process rights of individuals”, according to which, in addition to general universal rights extended to all, there is need to recognize specific rights to certain groups vulne- rable in society. With the goal of achieving real equality, or at least reduce the existing factual inequalities. Thus, consolidation of protection of minorities reflects the situation of need access to fair legal system to ensure the effectiveness of fundamental rights and the full consolidation of access to justice through the international courts of justice, aimed at protection of human rights the international context.

Armed Conflicts as Impediments to Enforcing the State Centric Nature of Human Rights Obligations. Case Study of the Convention on Rights of Persons with Disabilities

The State centred structure remains the legal basis on which obligations under public international law are formulated. In this context the occurrence of armed conflicts of different types might create different problems. The paper demonstrates the problems that the State centred model of applying accountability to the different types of armed conflicts under international humanitarian law. This will perhaps require demonstrating way in which the conventional approach of solely depending on the presence of state Actors for applying State centric obligations of public international human laws becomes contestable in armed conflicts in which the non-State Actors are involved, becomes increasingly controversial and probably questionable. The paper shall identify the weakness and threats that such actors can pose the enforcement of state centred human rights treaty obligations. Some these obligations are enshrined in specialised treaties such as the Convention on Rights of Persons with Disabilities (CRPD). Are these legal structured upon the prerequisite existence of the state necessary for legitimising duties and rights futile where acts of violations are committed against a child, woman or a person with disabilities by such non-States entities? In this paper the above inapplicability of State centered obligations in regulating the conduct of non-state actors such as rebel groups or militia shall be illustrated, although with special interest in examining if this is weakening the application of duties. Special reference is made to State Obligations that are envisaged to be upheld in armed conflicts as enshrined in Article 11 of the CRPD (Disability treaty) or Article 4 of the Convention on the Rights of the Child (CRC) in times of non-international armed conflict.

Trámite legal para el pago de obligaciones pecuniarias impuestas al estado colombiano en decisiones sobre derechos humanos y derecho internacional humanitario

This article is one of the research results of the project “Impact of the Inter-American Court of Human Rights case law on Latin American High Courts rulings. Study about Brazil, Mexico and Colombia”. The author indicates how the Colombian State was seen compelled to send off a Law in the year 1996, through which, receiving a special procedure, he is included inside his internal code the guarantee of not repetition as mechanism of application of the decisions in matter of human rights and international human law in said country.

Reforming Surveillance Law: The Swiss Model

As implemented over the past twenty-seven years, the Electronic Communications Privacy Act (“ECPA”), which regulates electronic surveillance by law enforcement agents, has become incomplete, confusing, and ineffective. In contrast, a new Swiss law, CrimPC, regulates law enforcement surveillance in a more comprehensive, uniform, and effective manner. This Article compares the two approaches and argues that recent proposals to reform ECPA in a piecemeal fashion will not suffice. Instead, Swiss CrimPC presents a model for more fundamental reform of U.S. law. This Article is the first to analyze the Swiss law with international eyes and demonstrate its advantages over the U.S. approach. The comparison sheds light on the inadequacy of U.S. surveillance law, including its recurrent failure to require substantial judicial review, notify targets of surveillance, and provide meaningful remedies to victims of unlawful practices. Notably, through judicial oversight and the requirement that surveillance practices be first approved by the legislature, the Swiss significantly restrict several law enforcement methods that U.S. law leaves to the discretion of the police. This Article explains the differences in approach as stemming from the greater influence of international human rights law in Switzerland and the Swiss people’s willingness to engage in a wholesale revision of their procedural law. In the United States, the courts and Congress have struggled to establish appropriate surveillance rules, as evidenced by recent controversial judgments in the courts and congressional hearings on ECPA reform. In the wake of recent disclosures about massive NSA surveillance programs that have relied on both foreign and domestic surveillance, U.S. citizens have grown increasingly concerned about the excessive use of new surveillance technologies to gather information about their private communications and daily activities. This Article analyzes the Swiss approach to domestic electronic surveillance, which, if adopted here, would significantly improve our laws. © 2013 Susan Freiwald & Sylvain Metille. † Professor of Law, University of San Francisco School of Law. I thank research librarian John Shafer and research assistants Sydney Archibald, Amy Leifur Halby, Everett Monroe, and David Reichbach for their valuable help. Josh Davis, Jim Dempsey and Judge Stephen Wm. Smith also contributed significantly to my thinking about this paper. †† Doctor of Law and attorney at the Swiss bar, Lecturer, University of Lausanne, Faculty of Law and Criminal Justice and University of Fribourg International Institute of Management in Technology, Switzerland. This Article was mainly written during my time as a visiting scholar at the Berkeley Center for Law and Technology, University of California, Berkeley, School of Law. I thank research librarian Jean Perrenoud for his valuable help. We appreciate the comments made by participants at the Privacy Law Scholars’ Conference in June 2012, where we presented a draft of this paper: Bryan Cunningham, Danielle Citron, John Grant, Orin Kerr, Greg Nojeim, and Brian Pascal. We particularly thank Stephen Henderson, who moderated the panel devoted to our paper and furnished excellent guidance. 1262 BERKELEY TECHNOLOGY LAW JOURNAL [Vol. 28:1261

Human rights litigation using international human rights law : the IHRDA experience

Africa is a continent with its own unique peculiarities and a complex cycle of problems: poverty, hunger and malnutrition; deeply rooted gender inequalities and inequities; discrimination based on ethnic differences; marginalisation of minorities; diseases; persistent civil strife; abuse of state power and resources as shown by arbitrary detentions, extra-judicial executions, and rampant corruption; foreign exploitation of resources; as well as impunity and many other forms of ills that frustrate meaningful enjoyment of human rights by all. Confronting these ills requires a reinforcement of multiple strategies and efforts by various stakeholders including states and civil society. The emergence of the African Charter on Human and Peoples' Rights (ACHPR) and a proliferation of kindred instruments establishing bodies with the mandate to handle communications alleging violations of human rights that have not been effectively redressed by national jurisdictions, stands as a set of concrete steps showing a semblance of commitment by states towards respect and promotion of human rights on the continent. In the main, the existence of these bodies with flexible practices and procedures for handling complaints provides an excellent opportunity for litigation to be used for the vindication of rights where domestic systems either fail, or are reluctant to remedy violations. To date, litigation before supra-national bodies is spearheaded by non-governmental organisations (NGOs) acting on behalf of individual victims or indeterminate numbers of victims.

Litigating human rights in South Africa : the experience of the Centre for Applied Legal Studies

This article aims to show, through an overview of the experience of the Centre for Applied Legal Studies ('CALS'), that international law forms an integral part of human rights litigation in South Africa. It is apparent from the experience of CALS that international law, including international human rights law, in its various forms, such as, case law, international conventions and treaties, as well as guiding principles, has a key role to play in aiding domestic courts to interpret constitutionally recognised rights. The experience of CALS further illustrates that these international laws and principles have an important role to play in assisting litigators and individuals in arguing for the basic recognition of rights that may not be recognised in domestic jurisdictions.

Domestic judicial deference and the ECHR in the UK and Netherlands.

This comparative article explores the interrelationship of domestic and international human rights law in the Netherlands and the United Kingdom, with reference to the European Convention on Human Rights (ECHR). The two jurisdictions offer a valuable comparison, in that the UK’s dualist approach to international law has meant that it is only very recently that the ECHR has been directly enforceable in UK domestic law. The Netherlands, meanwhile, appears to the English lawyer to present a completely different approach to international law, being based as it is upon a form of monism. Whilst the two systems appear opposed in logic because of their dualist and monist bases, they in fact have much to learn from each other.

Preventing adolescent pregnancy: the protection offered by international human rights law

AbstractNo Abstract

New United Nations Procedure to Protect Prisoners and Other Detainees

In 1974, the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities established a new procedure for implementing international human rights law to deal with worldwide patterns of violations of the rights of detained persons. This Comment explains the new procedure, discusses the action the SubCommission has taken and is authorized to take regarding detainees, and suggests ways in which the procedure might be used and strengthened by interested groups.