scholarly journals The Right to Dignity of Refugees: A Response to Fleur Johns

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 193-195
Author(s):  
Elspeth Guild
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
Humanitarian Law ◽  
International Protection ◽  
Human Rights Abuses ◽  
Refugee Protection ◽  
Mass Migration ◽  
International Refugee Law ◽  
The Individual ◽  
The Right

Fleur Johns' thesis about the increasing role of data in the verification of the condition of the world and how this impacts on international law is stimulating and bears reflection. This is an extremely interesting and innovative approach to the issue of data and its role in state engagement with mass migration. From the perspective of a scholar on international refugee law, a number of issues arise as a result of the analysis. One of the contested aspects of mass migration and refugee protection is the inherent inconsistency between two ways of thinking about human rights—the first is the duty of (some) international organizations to protect human rights in a manner which elides human rights and humanitarian law, and the second is the right of the individual to dignity, the basis of all human rights according to the UN's Universal Declaration of Human Rights of 1949. The first enhances the claims of states to sovereign right to control their borders (mediated through some international organizations), while the second recognizes the international human rights duties of states and international organizations to respect the dignity of people as individuals (including refugees). Fleur is completely correct that human rights abuses are at the core of refugee movements. While there are always many people in a country who will stay and fight human rights abuses even when this results in their sacrifice, others will flee danger trying to get themselves and their families to places of safety; we are not all heroes. Yet, when people flee in more than very small numbers, state authorities have a tendency to begin the language of mass migration. The right to be a refugee becomes buried under the threat of mass migration to the detriment of international obligations. Insofar as mass migration is a matter for management, the right of a refugee is an individual right to international protection which states have bound themselves to offer.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

scholarly journals Are There Moral Duties toward Refugees? Considerations in Legal Ethics

Laws ◽  
2021 ◽  
Vol 10 (1) ◽  
pp. 4
Author(s):  
Paul Tiedemann
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Moral Rights ◽  
Moral Principle ◽  
Refugee Protection ◽  
Refugee Law ◽  
Moral Duties ◽  
International Refugee Law ◽  
The Right ◽  
Oriented Approach

In the political and legal debate surrounding international refugee law, moral considerations play a large and important role. It often turns out, however, that the legal ethical reflection is not rooted deep enough. At first, it is necessary to demonstrate and justify the moral principle, on which the argumentation is based. There are different moral theories, among them the utilitarian, the egalitarian, the eudemonistical, and the deontological approach. These different approaches lead or at least can lead to different results concerning the question of what duties states or their citizens have toward refugees. The article is supposed to show that only the deontological approach is sufficient and appropriate in order to deliver a well-founded refugee ethics on the basis of moral duties and moral rights. The ethics of refugee protection is not an ethics of assistance to needy people, but the ethics of the prohibition of torts, namely, in particular, the violation of human rights. This is only inadequately reflected in international refugee law, because here the damage as such is not in the foreground, from which people flee, but the reasons why they are mistreated by persecutors. The damage-oriented approach clarifies the reasons for the different moral and legal status between persons in need of international protection, who have already reached the territory of the country of refuge and those who have not. The former are qualified as the holder of the subjective right not to be exposed to the dangers they have fled from, while the latter can in principle only appeal to the compassion and humanity of possible helpers. However, the boundary between “inside” and “outside” shifts according to the expansion of the de facto sphere of power of the acting person or state. This may also create a legal position for persons who are rescued by a ship at sea or whose living and travel conditions are essentially determined by the power of a state outside its territory. The damage-oriented approach shows furthermore that the refoulement ban has to be considered not only a mere side-aspect of the right to asylum but its core content. However, the right to asylum, cannot be considered a separate right beside the list of human rights. The refoulement ban is rather an integral part of every (“fundamental”) human right. This shows on the one hand that the separate right to asylum is redundant as long as it is supposed to protect against human rights violations. It is relevant only in the context of protection on reasons of solidarity. Finally, it can be shown that the national and international case law concerning the refoulement ban is insufficient because it is focused only on threatening torture and inhuman and degrading treatment, meanwhile, it neglects the threatening violation of other (“fundamental”) human rights.

scholarly journals الحماية القانونية للنازحين في ظل القانون الدولي الانساني

2020 ◽  
Vol 1 (2) ◽  
pp. 1-10
Author(s):  
احمد ابراهبم
Keyword(s):  
Human Rights ◽  
Humanitarian Law ◽  
Displaced Persons ◽  
International Protection ◽  
Cultural Rights ◽  
Geneva Conventions ◽  
The Status ◽  
Durable Solutions ◽  
The Right ◽  
Political Economic

Although there is no special agreement for displaced persons, as in the case of refugees, they are protected under their national laws and human rights laws and are protected according to the rules of international humanitarian law during armed conflict as determined by the Geneva Conventions of 1949. The search for displaced persons' rights should not be limited to relevant conventions, since many of the rights of displaced persons will be found in the basic human rights conventions to which the displaced person should first benefit before being displaced. The status of displacement does not conceal the rights of the displaced as a human being, but should add to it new rights arising from the conditions that have arisen and the importance of this issue is greater. National authorities are unable or unwilling to fulfill their obligations, as well as the protection of the rights of refugees and the obligations of States provided for in the provisions of the International Refugee Convention Of 1951, which include assistance in the provision of food, adequate shelter, health care and education, the right to asylum, the provision of travel documents, the provision of refugees, the guarantee of fundamental human rights and the facilitation of voluntary durable solutions of repatriation Or integration into host societies, making international protection a necessity. International law underlines that civil, political, economic, social and cultural rights should be exercised without discrimination on grounds such as "national or social origin, property or other grounds." States must also eliminate any form of discrimination. Economic, social and cultural rights to ensure the progressive realization of economic, social and cultural rights and to the maximum extent of the resources available (for the State party).

scholarly journals THE JURISDICTIONAL BASIS OF THE INTERNATIONAL CRIMINAL COURT

1969 ◽  
Vol 1 (1) ◽  
Author(s):  
Sara Viau
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
International Criminal ◽  
International System ◽  
Criminal Court ◽  
Humanitarian Law ◽  
Human Rights Abuses ◽  
International Crimes ◽  
Protection Of Human Rights ◽  
The Individual

As Falk notes, the International Criminal Court represents an idealistic mentality, optimistic about the possibility of reforming the international system in order to prevent certain behaviour by establishing an international authority capable of punishment and deterrence. Growing support for the International Criminal Court can be directly related to the growth of legal regimes committed to the protection of human rights, and to the growth of international humanitarian law, which presupposes a conception of the individual as the bearer of rights and obligations, as well as an interest in protecting the individual from gross violations of human rights. Now that the International Criminal Court has received sufficient ratifications from Member States of the United Nations, it exists as a legal entity with jurisdiction over international crimes and a mandate to hold perpetrators of human rights abuses accountable for their actions. As such, the Court can be seen as a declaration that certain behaviour will not be tolerated by the international community, and that individuals will be held accountable for violating these standards.

Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Universal Declaration ◽  
Title V ◽  
Negative Consequences ◽  
Real Right ◽  
Right To Work ◽  
The Individual ◽  
The Right ◽  
Italian Constitution

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.

The Global Rise of Social Cash Transfers

2018 ◽  
Author(s):  
Lutz Leisering
Keyword(s):  
Human Rights ◽  
Social Security ◽  
International Organizations ◽  
Cash Transfers ◽  
Social Citizenship ◽  
Human Beings ◽  
Sociological Approach ◽  
The Poor ◽  
Social Cash Transfers ◽  
The Right

The Universal Declaration of Human Rights (1948) proclaimed the equality of all human beings in dignity and rights. The right to social security, however, has been taken more seriously only since the 2000s, through calls for ‘Social security for all’ and ‘Leaving no one behind’. The book investigates a major response, social cash transfers to the poor. The idea of simply giving money to the poor had been rejected by all major development organizations until the 1990s, but since the early 2000s, social cash transfers have mushroomed in the global South and on agendas of international organizations. How come? What programmes have emerged in which countries? How inclusive are the programmes? What models have international organizations devised? Based on unique quantitative and qualitative data, the book takes stock of all identifiable cash transfers in all Southern countries and of the views of all major international organizations. The author argues that cash transfers reflect broader changes: new understandings of development, of human rights, of global risks, of the social responsibility of governments, and of universalism. Social cash transfers have turned the poor from objects of charity into rights-holders and agents of their own lives and of development. A repertoire of cash transfers has evolved that has enhanced social citizenship, but is limited by weak political commitments. The book also contributes to a general theory of social policy in development contexts, through a constructivist sociological approach that complements the dominant approaches from welfare economics and political economy and includes a theory of social assistance.

Accountability in Global Governance

2020 ◽  
Author(s):  
Gisela Hirschmann
Keyword(s):  
Human Rights ◽  
Global Governance ◽  
International Organizations ◽  
Third Parties ◽  
Human Rights Violations ◽  
The European Union ◽  
Economic Rights ◽  
The Right ◽  
Austerity Policy ◽  
Comprehensive Study

How can international organizations (IOs) like the United Nations (UN) and their implementing partners be held accountable if their actions and policies violate fundamental human rights? Political scientists and legal scholars have shed a much-needed light on the limits of traditional accountability when it comes to complex global governance. However, conventional studies on IO accountability fail to systematically analyze a related, puzzling empirical trend: human rights violations that occur in the context of global governance do not go unnoticed altogether; they are investigated and sanctioned by independent third parties. This book puts forward the concept of pluralist accountability, whereby third parties hold IOs and their implementing partners accountable for human rights violations. We can expect pluralist accountability to evolve if a competitive environment stimulates third parties to enact accountability and if the implementing actors are vulnerable to human rights demands. Based on a comprehensive study of UN-mandated operations in Afghanistan, Bosnia, and Kosovo, the European Union Troika’s austerity policy, and global public–private health partnerships in India, this book demonstrates how competition and human rights vulnerability shape the evolution of pluralist accountability in response to diverse human rights violations, such as human trafficking, the violation of the rights of detainees, economic rights, and the right to consent in clinical trials. While highlighting the importance of studying alternative accountability mechanisms, this book also argues that pluralist accountability should not be regarded as a panacea for IOs’ legitimacy problems, as it is often less legalized and might cause multiple accountability disorder.

Sign in / Sign up

Export Citation Format

Share Document