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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

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.

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.

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.

The research contributes to a better understanding of the different legal orders analysed.

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.

The global Clinical Legal Education (CLE) movement transcends borders as law teachers worldwide try to inculcate law students and future legal practitioners with social justice values. One method of achieving this is through developing reflective practitioners. Kolb, finding common ground in the work of Lewin, Dewey, and Piaget, formulated the four stages in the experiential development of concrete experience, reflective observation, abstract conceptualization, and active experiment. Although Kolb’s model is used in legal education literature, students may not be provided with the relevant conceptual tools required to engage in reflective practice. This often results in students providing subjective analysis of their work, which fails to fully contribute to their educational experience. One of the reasons for omitting analytical tools is that reflective practice suffers from a lack of conceptual clarity. According to Kinsella, the “concept remains elusive, is open to multiple interpretations, and is applied in a myriad of ways in educational and practice environments”. A further issue hindering reflective practice relates to Donald Schön’s critique of the positivist approach adopted by law schools.

This chapter will apply a human rights framework to CLE to develop reflective practitioners. The two main reasons for this are, first, human rights as formulated by the Universal Declaration on Human Rights are universal, interrelated, and indivisible and, second, reflection based on these universal human rights values will benefit cross-jurisdictional societies in assisting vulnerable clients affected by emerging implied and direct human rights challenges.

This chapter is intended to elaborate on the existing academic literature addressing the migration of constitutional ideas. Through an examination of ongoing efforts to enshrine “defamation of religion” as a violation of international human rights, the author confirms that the phenomenon of migration is not restricted to positive constitutional norms, but rather also encompasses negative ideas that ultimately may serve to undermine international and domestic constitutionalism. More specifically, the case study demonstrates that the movement of anti-constitutional ideas is not restricted to the domain of “international security” law, and further, that the vertical axis linking international and domestic law is in fact a two-way channel that permits the transmission of domestic anti-constitutional ideas up to the international level.

In reaching the findings presented herein, the chapter also adds to the universalism–relativism debate by demonstrating that allowances for “plurality consciousness” on the international level may in certain instances undermine fundamental norms previously negotiated and accepted as authoritative by the international community. From this perspective, the movement in favor of prohibiting “defamation of religion” is not merely a case study that helps to expand our understanding of how anti-constitutional ideas migrate, but also indicative of a reenergized campaign to challenge the status, content, and stability of universal human rights norms.

Trafficking¹ in human beings is gross.² It constitutes one of the most egregious violations of human rights.³ The vile nature of human trafficking is also hinged on the fact that it commodifies human beings. Hence its categorisation is modern slavery.⁴ So much of trafficking activities follow the pathways5 of other transnational forms of organised crimes and irregular cross-border movement of people.6 In response to this egregious crime, several international, regional and country laws and instruments have been used or proposed for combatting human trafficking.7 These instruments forbid trafficking in human persons and provide several preventive measures, prosecution of perpetrators and protection of victims of human trafficking.8 The number of state parties to the United Nations Protocol to prevent suppress and punish trafficking in persons, especially women and children, supplementing the United Nations Convention against Transnational Organized Crime (the Palermo Protocol), demonstrates the global commitment to combatting human trafficking. However, the COVID-19 pandemic and its impact on legal systems, and the capacity of both state and private institutions to combat human trafficking, has added a knotty twist to the global problem of human trafficking. This essay looks at the trends of human trafficking in light of the COVID-19 pandemic. It also highlights international law and policy approaches that state parties and civil society organisations should adopt to counteract the changes and sustain the fight against human trafficking. Thus, the essay contributes to updating the legal and policy approaches to combat human trafficking in this era.

This article looks at the relationship between human rights law and geography. Drawing from a meeting of the UN Human Rights Committee (HRC), the article explores how the right to life was legally interpreted to apply to the loss of life associated with Hurricane Katrina. In particular, the article argues that the HRC’s legal interpretation of the right to life shifted as part of a discussion between the United States and nongovernmental organizations. The shift incorporated a more nuanced understanding of the spatial dimension of injustice by including preexisting inequalities and ongoing internal displacement in the analysis of human rights obligations related to the hurricane. The HRC meeting and the legal interpretations arising from that meeting therefore provide an example of Seyla Benhabib’s concept of “democratic iterations” as well as an example of how law can be “spatialized” through international legal processes.

This chapter examines the conundrum of juvenile immigration law and policy and argues that it is a present-day manifestation of “child-saving” in rhetoric, disposition, and human capital harm. In support of this thesis, the chapter reviews the pertinent human rights, law, and social science evidence, and it concludes that the maintenance of the nation’s existing immigration policy only makes sense within the context of the intentions of the 19th century child-saving movement. To substantiate this view, the political-economic drivers of contemporary US immigration policy (i.e., its child-saving dynamics) are explored. The chapter concludes by speculatively addressing the character (i.e., the form and quality) of modern-day juvenile immigration policy as child-saving informed by the philosophy and criticism of Psychological Jurisprudence (PJ).

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.

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.

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.

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.

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.

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.

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.

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.

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.