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Book part
Publication date: 3 August 2011

Leila Kawar

This chapter examines how international human rights law is shaping the politics of immigration. It argues that migrant human rights are neither conceptually nor…

Abstract

This chapter examines how international human rights law is shaping the politics of immigration. It argues that migrant human rights are neither conceptually nor practically incompatible with an international order premised upon state territorial sovereignty, and that the specific aesthetics of the contemporary international human rights system, namely its formalistic and legalistic tendencies, has facilitated its integration with a realm of policymaking traditionally reserved to state discretion. An exploration of two areas in the emerging field of migrant human rights traces the multi-scalar transnational legal processes through which these norms are formulated and internalized.

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Special Issue Human Rights: New Possibilities/New Problems
Type: Book
ISBN: 978-1-78052-252-4

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Book part
Publication date: 3 August 2011

Robert C. Blitt

This chapter is intended to elaborate on the existing academic literature addressing the migration of constitutional ideas. Through an examination of ongoing efforts to…

Abstract

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.

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Special Issue Human Rights: New Possibilities/New Problems
Type: Book
ISBN: 978-1-78052-252-4

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Book part
Publication date: 27 October 2017

Danielle MacCartney

Purpose: This chapter explores the relationship between international human rights and the domestic practices of nation-states around lesbian, gay, bisexual, and…

Abstract

Purpose: This chapter explores the relationship between international human rights and the domestic practices of nation-states around lesbian, gay, bisexual, and transgender (LGBT) rights.

Methodology/approach: Using Sweden and Russia as case studies, this chapter analyzes LGBT human rights recommendations from the cyclical United Nations Universal Periodic Review and how they affect practices within nation-states.

Findings: Sweden embraces recommendations to strengthen LGBT human rights and institutes stronger national LGBT rights policies of its own, while Russia’s compliance with LGBT rights recommendations is low. Further, reports of LGBT victimization show that the severity of attacks on LGBT people is pronounced in Russia.

Social implications: Relying on case studies limits the generalizability of this study, but the implications of these findings suggest that, to strengthen human rights compliance and improve the lives of minority citizens, human rights advocates should take note of domestic ideologies and leverage the institutional environment of the world society to provide information, resources, and pressure to facilitate nation-states’ compliance with international human rights recommendations.

Originality/value: This chapter deepens the discourse on the contested realm of international LGBT rights by highlighting the dynamics between international monitoring mechanisms, domestic discourse, and domestic law.

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Gender Panic, Gender Policy
Type: Book
ISBN: 978-1-78743-203-1

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Article
Publication date: 29 June 2010

Emily F. Carasco and Jang B. Singh

The purpose of this paper is to provide a general review of international efforts to hold transnational corporations (TNCs) responsible for human rights. It tracks the…

Abstract

Purpose

The purpose of this paper is to provide a general review of international efforts to hold transnational corporations (TNCs) responsible for human rights. It tracks the evolution of international conventions related to TNCs and human rights and assesses their effectiveness.

Design/methodology/approach

The paper describes and analyzes efforts over the last four decades by the United Nations (UN), the Organisation for Economic Co‐operation and Development, the International Labour Organization and non‐governmental groups to provide guidelines and encourage TNCs to aspire to international standards in human rights.

Findings

The early attempts to regulate TNCs internationally lacked any form of the robust compulsion, systemic monitoring and effective enforcement mechanisms necessary to deal with the magnitude of the global investment arena. However, during the last decade, there has been explicit recognition on the part of the UN that action is necessary and the most recent convention emanating from the UN, the Norms, may evolve into a binding instrument on TNCs.

Originality/value

This paper, by mapping the development of global ethical conventions up to the UN Norms on the responsibilities for TNCs and other business enterprises with regards to human rights, informs corporate officers of the state of global discussions on this issue and lays the groundwork for further scholarly analysis of the Norms in the future.

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European Business Review, vol. 22 no. 4
Type: Research Article
ISSN: 0955-534X

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Article
Publication date: 7 September 2015

Amy Burchfield

– 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.

Details

Reference Reviews, vol. 29 no. 6
Type: Research Article
ISSN: 0950-4125

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Article
Publication date: 1 February 2011

Alice de Jonge

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.

Details

Critical perspectives on international business, vol. 7 no. 1
Type: Research Article
ISSN: 1742-2043

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Article
Publication date: 1 January 2008

Rick Lines

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…

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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International Journal of Prisoner Health, vol. 4 no. 1
Type: Research Article
ISSN: 1744-9200

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Article
Publication date: 13 November 2017

Md Sazzad Hossain

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…

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.

Details

International Journal of Law and Management, vol. 59 no. 6
Type: Research Article
ISSN: 1754-243X

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Book part
Publication date: 10 July 2014

Klaus Beiter

Scholarly excellence in higher education depends in part on the ability of members of the academic community to be able to travel abroad, to return home and to move freely…

Abstract

Scholarly excellence in higher education depends in part on the ability of members of the academic community to be able to travel abroad, to return home and to move freely within a state for the purposes of study, teaching and research. Articles 12 and 13 of the International Covenant on Civil and Political Rights of 1966 protect the right to freedom of movement and the right of aliens not to be arbitrarily expelled from a state, respectively. Any person may rely on these provisions to claim various stated entitlements related to freedom of movement. International human rights law does not, however, offer (clear) protection where an alien wishes to enter a state. It appears, however, that Article 26 of the International Covenant on Civil and Political Rights, prohibiting discrimination on the ground of, amongst other things, ‘political or other opinion’, may be relied on to prevent states from restricting the entry of scholars solely on the basis of the academic opinions they hold or views they have expressed. The right to freedom of movement of scholars – conceived as a right to academic mobility – forms a part of the right to academic freedom. International human rights law does not accord express protection to this right. Whereas the right to freedom of opinion and expression in Article 19 of the International Covenant on Civil and Political Rights may be relied on to protect a multitude of facets covered by the right to academic freedom, Article 13 of the International Covenant on Economic, Social and Cultural Rights of 1966 on the right to education may, in fact, be seen to constitute a complete locus for the right to academic freedom.

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Academic Mobility
Type: Book
ISBN: 978-1-78350-853-2

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Book part
Publication date: 25 July 2015

Hugh Breakey

An influential strand of human rights theory explains human rights through appeal to their function. Such ‘function’ theories highlight the role human rights play in…

Abstract

An influential strand of human rights theory explains human rights through appeal to their function. Such ‘function’ theories highlight the role human rights play in international practice and discourse as standards for appropriate state treatment of individuals. But standards in what sense? Standards to be promoted and encouraged through public critique, bilateral pressure, institutional censure or legal culpability? Or standards to be protected and defended through all necessary means? I argue that function theorists conflate (what states themselves recognize as) the important distinctions between these standards. Worse still, many function theorists argue that a major – even definitive – role of human rights involves demarcating permissibility conditions for humanitarian intervention. I argue that this claim gravely mischaracterizes international practice and discourse – in particular it fails to recognize the independent significance of other functional norms operating within the global context. The theorists correctly perceive that we have powerful reasons for wanting this role (of threshold conditions for military intervention) fulfilled, but by mistaking the norms that in fact fulfil it, they distort the actual function of human rights.

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Conscience, Leadership and the Problem of ‘Dirty Hands’
Type: Book
ISBN: 978-1-78560-203-0

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