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1 – 10 of over 45000Aims to trace the legal bases for the protection of fundamental rights in the European Community and the European Union, but looks here at internal policy only. Though there was…
Abstract
Aims to trace the legal bases for the protection of fundamental rights in the European Community and the European Union, but looks here at internal policy only. Though there was no basis in the Treaty of Rome (1957) for human rights, the European Court of Justice has declared that fundamental human rights are enshrined in the general principles of Community law and thereby protected by the Court. Investigates the Charter, in full, herein
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The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of…
Abstract
Purpose
The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.
Design/methodology/approach
One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.
Findings
The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.
Originality/value
The research contributes to a better understanding of the different legal orders analysed.
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This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise…
Abstract
This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise the highest attainable standard of health. It examines this right as articulated within United Nations and regional human rights treaties, non‐binding or so‐called soft law instruments from international organisations and the jurisprudence of international human rights bodies. It explores the use of economic, social and cultural rights mechanisms, and those within civil and political rights, as they engage the right to health of prisoners, and identifies the minimum legal obligations of governments in order to remain compliant with human rights norms as defined within the international case law. In addressing these issues, this article adopts a holistic approach to the definition of the highest attainable standard of health. This includes a consideration of adequate standards of general medical care, including preventative health and mental health services. It also examines the question of environmental health, and those poor conditions of detention that may exacerbate health decline, disease transmission, mental illness or death. The paper examines the approach to prison health of the United Nations human rights system and its various monitoring bodies, as well as the regional human rights systems in Europe, Africa and the Americas. Based upon this analysis, the paper draws conclusions on the current fulfilment of the right to health of prisoners on an international scale, and proposes expanded mechanisms under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment to monitor and promote the health rights of prisoners at the international and domestic levels.
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Oleg M. Yaroshenko, Volodymyr M. Steshenko, Hanna V. Anisimova, Galina O. Yakovleva and Mariia S. Nabrusko
The purpose of this paper is to examine the international regional system of the preservation of the right to health in the European human rights system through the work of the…
Abstract
Purpose
The purpose of this paper is to examine the international regional system of the preservation of the right to health in the European human rights system through the work of the ECtHR, to analyse the case law of the ECHR based on the human right to health. This purpose determines the following tasks: to identify the features of the realization of the right to health in the European mechanism of human rights protection; to study the mechanism of realization of the right to health in the activity of the ECtHR; to describe the case law of the ECtHR in terms of the right to health.
Design/methodology/approach
The “black letter” law methodology is used to focus attention on conducting research on the letter of the law and the desire to conduct a descriptive analysis of legal norms, based on primary sources.
Findings
On the basis of the conducted researches, it is possible to draw a conclusion that the ECHR, albeit implicitly, refers to the right to health as well.
Originality/value
The right to health is included in the catalogue of the most important universally recognized human rights and is most often considered as an integral part of socio-economic human rights, but there is no special universal or regional mechanism for protecting this category of rights.
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The main purpose of this paper is to explore the extra-judicial killing situation in Bangladesh by analyzing both national and international human rights law. In addition, this…
Abstract
Purpose
The main purpose of this paper is to explore the extra-judicial killing situation in Bangladesh by analyzing both national and international human rights law. In addition, this paper will also identify the remedy that is available for the victim’s family for extra-judicial killing by law enforcement agencies, especially the Rapid Action Battalion of Bangladesh.
Design/methodology/approach
This is a qualitative research where both primary and secondary sources have used to identify the situations of extra-judicial killings in Bangladesh, the human rights instruments and the judicial activism to protect human rights.
Findings
This paper will show impunity of the law enforcement agencies increasing the number of extra-judicial killings of citizens, by violating the Constitutional and International human rights law that deal with “right to life”. The state sovereignty is not hindering the implementation of the international law, but the judiciary of Bangladesh needs to be more efficient in protecting citizens’ human rights, along with bringing criminal prosecution against members of the law enforcement agencies, by providing “effective and adequate” remedy to the victim’s family.
Research limitations/implications
While analyzing the “right to life” under the International Human Rights Conventions, this paper will only deal with the UDHR and the ICCPR, as Bangladesh has ratified those Conventions.
Originality/value
This paper will add value to identify the present rights of the citizen under domestic and international law and to incorporate new legislation through finding the lack of present legislation to protect the right to life and remedy for extra-judicial killings in Bangladesh.
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Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some…
Abstract
Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.
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– This selected annotated bibliography guides users to print and online tools for researching international human rights law.
Abstract
Purpose
This selected annotated bibliography guides users to print and online tools for researching international human rights law.
Design/methodology/approach
To research international human rights law, users may need to access a wide range of resources that represent varying levels of depth and analysis. Thus, this selected annotated bibliography reviews a selection of dictionaries, handbooks, nutshells, encyclopedias, guides and Web sites that will be useful to scholars, students, practitioners and the general public. The results of a trial search for information on the women’s human rights are included for each resource.
Findings
As recent world events such as the Arab Spring and the Syrian Civil War make headlines, the need for understanding international human rights law continues to be essential to life in a just society. The resources reviewed here help researchers, practitioners and the general public better understand the human rights implications of the events happening around them today, as well as past events.
Originality/value
This is an original bibliography that aims to select and review tools for researching international human rights law from a variety of types and formats. It may be valuable to librarians working in academic, school and public libraries who handle questions about human rights, legal issues and world events.
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The purpose of this paper is to show the potential of international human rights law to raise awareness of the international community about ageism and its three aspects – old age…
Abstract
Purpose
The purpose of this paper is to show the potential of international human rights law to raise awareness of the international community about ageism and its three aspects – old age discrimination, stereotyping and prejudices against older persons. The author evaluates the ability of international human rights law to encourage states to take action against these phenomena and looks for new solutions. The author also intends to examine if there are international law instruments compelling states to reject stereotypes and prejudices on older persons if there is no treaty devoted to them.
Design/methodology/approach
The author applies methods relevant to legal science. The core human rights treaties, soft law documents and activities of human rights bodies are selected, analysed and interpreted.
Findings
The core human rights treaties require going beyond their literal interpretation to observe older persons' rights. States should interpret them in good faith, relying on the ageing mainstreaming approach. Instruction to states on how to do so lies in the soft law and output of the international human rights bodies. However, there is also room for improvement. Therefore, the author proposes adopting a targeted resolution on counteracting ageism and its components, updating positions by international treaty bodies, and involving various human rights procedures and specialised agencies in the fight against intangible dimensions of ageism.
Originality/value
It is the first study analysing awareness about stereotyping and prejudices against older persons from international human rights law. The author indicates untapped possibilities of the fight against ageism and its intangible dimensions under international law.
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This paper aims to highlight the disparity between the huge global influence and reach of transnational corporations, on the one hand, and the lack of international legal…
Abstract
Purpose
This paper aims to highlight the disparity between the huge global influence and reach of transnational corporations, on the one hand, and the lack of international legal infrastructure for regulating TNC activity, on the other. Existing avenues for holding TNCs accountable for breaches of international standards are woefully inadequate. After rejecting the idea of subjecting TNCs to potential criminal liability, the paper then proposes a set of principles for international TNC responsibility modelled on the 2001 Draft Articles on State Responsibility. The potential future role of regional human rights courts and the International Labour Organisation in holding TNCs accountable is also explored.
Design/methodology/approach
A survey of existing legal texts and secondary scholarship was undertaken to determine the existing coverage of the regulatory infrastructure for holding TNCs to account, and to identify gaps in that coverage.
Findings
Significant governance gaps in the existing institutional infrastructure were identified, creating a permissive environment within which blameworthy acts by TNCs may occur without adequate sanctioning or reparation. Potential regulatory and institutional avenues for filling these gaps were identified.
Research limitations/implications
The author lacks hands‐on experience of the political barriers which may exist and may make the proposed reforms unrealistic. Those in the field are encouraged to consider whether the proposed reforms are feasible/desirable.
Practical implications
The paper contains implications for the future of international law, the regional human rights courts and the International Labour Organisation.
Originality/value
The paper contains original proposals for the future evolution of international law in its application to TNCs.
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Sheshadri Chatterjee and Sreenivasulu N.S.
The purpose of this study is to investigate the impact of artificial intelligence (AI) on the human rights issue. This study has also examined issues with AI for business and its…
Abstract
Purpose
The purpose of this study is to investigate the impact of artificial intelligence (AI) on the human rights issue. This study has also examined issues with AI for business and its civil and criminal liability. This study has provided inputs to the policymakers and government authorities to overcome different challenges.
Design/methodology/approach
This study has analysed different international and Indian laws on human rights issues and the impacts of these laws to protect the human rights of the individual, which could be under threat due to the advancement of AI technology. This study has used descriptive doctrinal legal research methods to examine and understand the insights of existing laws and regulations in India to protect human rights and how these laws could be further developed to protect human rights under the Indian jurisprudence, which is under threat due to rapid advancement of AI-related technology.
Findings
The study provides a comprehensive insight on the influence of AI on human rights issues and the existing laws in India. The study also shows different policy initiatives by the Government of India to regulate AI.
Research limitations/implications
The study highlights some of the key policy recommendations helpful to regulate AI. Moreover, this study provides inputs to the regulatory authorities and legal fraternity to draft a much-needed comprehensive policy to regulate AI in the context of the protection of human rights of the citizens.
Originality/value
AI is constantly posing entangled challenges to human rights. There is no comprehensive study, which investigated the emergence of AI and its influence on human rights issues, especially from the Indian legal perspective. So there is a research gap. This study provides a unique insight of the emergence of AI applications and its influence on human rights issues and provides inputs to the policymaker to help them to draft an effective regulation on AI to protect the human rights of Indian citizens. Thus, this study is considered a unique study that adds value towards the overall literature.
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