Principles Of Human Rights Law Research Articles

ABANDONED ON THE BANKS OF THE MERIÇ (EVROS) RIVER: GREECE'S MIGRATION POLICY IN THE CONTEXT OF HUMAN RIGHTS

The issue of migration deeply impacts European countries. Greece is one of the countries on the migrants’ route. While Greece is preferred by irregular migrants because it is the gateway to Europe and is located in the Schengen area, it is also examined as a case study due to the security measures it has taken on its land borders, such as pushing back and building a steel wall on the border. This article analyzes Greece’s migration policy. The aim of the study is to seek an answer to the question of whether national security concerns of countries in the fight against irregular migration can go beyond the obligation to comply with the basic principles of human rights law. In particular, it focuses on human rights violations faced by irregular migrants crossing the Meriç (Evros) border. The study references academic literature and news coverage from national and international media.

Invitation to trusteeship rather than treat? Higher Education, human rights and student litigation: A response to Fulford (2020)

AbstractThis article argues that, as tutors, we are bound not only by the rules of contract law (i.e., to avoid breaching the terms of that which was agreed to), but also by our duty of care, and the principles of human rights law that protect the right to education. We must strive to avoid negligent acts and any potentially harmful practices or policies. Looking to recent litigation, we are bound also to provide useful, meaningful guidance on how learners might best achieve—and subsequently evidence—high levels of intellectual attainment and wider ‘learning gains.’. The concepts of fairness and equitable treatment are key, especially where universities have agreed to widen access and improve opportunities. With the protection of vulnerable learners increasingly leaning towards the provisions—and promises—of human rights law, a sort of estoppel‐led ‘trusteeship’ (over shared knowledge and learning processes) can perhaps also be inferred.

Caught in a Balancing Act

When the European Convention on Human Rights was drawn up in 1948, the issues of sexual orientation and gender identity were not considered by its drafters. At that time, the discussion of the rights of LGBT people (Lesbian, Gay, Bisexuals and Transsexuals), which has at present become very vivid, was virtually non-existent. As a consequence, the legal protection provided to heterosexual and cisgender people in the areas covered by the right to respect for private and family life (Article 8), the right to marry and found a family (Article 12), and the prohibition of discrimination (Article 14) was inaccessible to the non-heterosexual and non-cisgender community. The current article elucidates on the topic of the gradual opening up of the European Court of Human Rights in applying the Convention to sexual minorities, and argues that the Court has made significant progress in defending the rights of LGBT ever since its installation in 1959. The article describes the Court’s ultimate balancing act, in which it oscillates between progressiveness and reticence, never fulfilling the role of protagonist but still aiming at providing a most fundamental principle of human rights law: equality.

Problematika Penerapan Aturan Pembatasan Hak Asasi Manusia Dalam Konstitusi Indonesia

After the amendment, the constitutionality of human rights was realized in chapter X article 28A-28J, which shows that Indonesia is increasingly upholding human rights values with the transformation of these rights in the constitution. However, this is still debatable about the provision of non-derogable rights (Article 28I) and human rights limitation (Article 28J). Human rights that could be limited is human right which is categorized in derogable right. The problem is the failure to distinguish between human rights which its implementation could be limited and vice versa. This condition is exacerbated by systematic and conceptual errors in chapter X of the 1945 Constitution, which can cause problems in applying the provision of human rights restrictions, and in implementing the interpretation of the human rights restrictions by Constitutional Court. This paper used normative legal research with literature research. This paper find that that the implementation of human rights limitation in Indonesia has not been in accordance with the theories and principles of human rights law and is carried beyond the supposed.

The Constitution of Somaliland: The Problem of Constitutional Generations and Clan Dissolution

This paper outlines the history, formation and general principles of the 2001 Somaliland Constitution. The people of Somaliland declared independence from Somalia in 1991 returning to the boundaries that had marked the British Protectorate of Somaliland until 1960, holding successful democratic elections, and establishing peace and stability, becoming an exception state within a wartorn region. In a contribution to the sociology of law and the wider knowledge of Somaliland this paper outlines the unifying principles within the Constitution, principles that are taken from the unity of religion (Islam), and the desire to exercise unity in diversity through traditional institutions of conflict resolution with the inclusion of universal principles of human rights law.

Human rights, anti-discrimination and social security benefits: recent UK case law

Since the adoption of the Human Rights Act 1998, challenges to UK social security law on the basis of the European Convention on Human Rights have become common – especially under the anti-discrimination provisions of Article 14. However, few of these challenges have been successful and, in general, the English courts have shown a poor understanding of the principles of human rights law. The recent decisions of the European Court of Human Rights in Stec (2005) 41 EHRR SE 295 and the House of Lords in RJM (2008) UKHL 63 have clarified important issues including the material scope of the Convention and the fact that a broad understanding should be given to the concept of ‘status’ for the purposes of Article 14.

Has human rights law become lex specialis for the European Court of Human Rights in right to life cases arising from internal armed conflicts?

It is generally accepted that although human rights law is applicable in situations of armed conflict, international humanitarian law is lex specialis. However, this may not necessarily be the case with regard to internal armed conflicts, and legal authorities provide contradictory views as to what extent human rights principles are applicable in internal armed conflicts. This article explores the relationship between human rights law and international humanitarian law and considers the jurisprudential approach of the European Court of Human Rights in relation to right to life cases arising out of the internal armed conflicts in Turkey and Chechnya. The paper argues that such case law provides evidence that Strasbourg considers the principles of human rights law as lex specialis in right to life cases arising out of internal armed conflicts.

Cumulative jurisprudence and human rights: the example of sexual minorities and hate speech

Leading non-discrimination norms in post-1945 human rights instruments have generally enumerated specified categories for protection, such as race, ethnicity, sex, and religion. They have often omitted express reference to sexual minorities. However, through ‘such as’ or ‘other status’ clauses, or otherwise open-ended phrasing or interpretation, such instruments have generated a ‘cumulative jurisprudence’, whereby sexual minorities subsequently become incorporated through analogical reasoning. That cumulative jurisprudence has yielded protections for sexual minorities through norms governing, e.g., privacy, employment, age of consent, and freedoms of speech and association. Hate speech bans, too, have often been formulated with reference only to more traditionally recognised categories, particularly race and religion, rarely making express reference to sexual minorities. It might therefore be expected that the same cumulative jurisprudence should be applied, such that their scope might be extended to encompass sexual minorities. In this paper, however, that approach is challenged. It is argued that hate speech bans suffer in themselves from deep flaws. Either they promote discrimination by limiting the number of protected categories, or, by including all meritorious categories, they would dramatically limit free speech. While sexual minorities within longstanding, stable and prosperous democracies should generally enjoy all human rights, it is argued that they should not seek the protection of hate speech bans, which run real risks of betraying fundamental principles of human rights law.

The Telecoms Packagee and the Copyright Amendments A European Legal Framework to Stop Downloading, and Monitor the Internet

This paper considers how imminent changes to European telecommunications law will permit the monitoring and blocking of websites and peer-to-peer exchanges by ISPs, in a way that is currently not legally possible. These legal changes will also permit ISPs to sanction users by suspending or terminating Internet access. And they are essential in order for the French ‘riposte graduee’ or ‘3 strikes’ copyright enforcement measures to be implemented.The changes are a series of hidden amendments related to copyright, and contained in the so-called ‘Telecoms package’. This paper argues that these amendments will effectively erode the ISP’s legal status of ‘mere conduit’, which currently protects individual rights and liberties on the Internet. It argues that the ‘mere conduit’ status should be preserved, and the copyright amendments rejected.The proposed copyright amendments will result in the loss of individual freedom and privacy on the Internet – in breach of fundamental principles of human rights law in Europe. Ultimately, they could open the door to wider political or commercial censorship, and this is the real danger of permitting them to get into law. The risk is that this will happen without proper legislative scrutiny or public debate. The European Parliament committees responsible for the Telecoms package voted on July 7th and the Parliament as a whole voted on September 2nd.

Human Rights in the High Court of Australia, 1976-2003: The Righting of Australian Law?

Australian jurisprudence becomes more 'progressive' as and when Australian law and lawyers affirmatively assimilate principles of human rights law. Questions regarding whether moves towards assimilation of human rights into Australian law over the period 1976-2003 be regarded as 'journey of enlightenment' are presented.