Search results

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

This selected annotated bibliography guides users to print and online tools for researching international human rights law.

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.

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.

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.

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.

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.

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.

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.

The paper contains implications for the future of international law, the regional human rights courts and the International Labour Organisation.

The paper contains original proposals for the future evolution of international law in its application to TNCs.

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 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.