Protecting Human Rights Through Constitutional Adjudication - Jordan as a Case Study

The implementation of international human rights law in federal States is an underexplored process. Subnational entities regularly enjoy a degree of sovereignty, which raises questions such as whether they implement obligations of international law and how the federal level may ensure that implementation takes place at the subnational level. This article aims to answer these questions, using the implementation of the Convention on Preventing and Combating Violence against Women and Domestic Violence (Convention) in Switzerland as a case study. To implement the Convention at the cantonal level, federal actors decided to use networks of civil servants in charge of domestic violence issues, who act as governmental human rights focal points (GHRFPs). This article is based on original empirical data, on 25 interviews with State officials who participate in this implementation. The findings show how complex GHRFPs networks work in practice to implement the Convention and highlight the role played by numerous non-legal State actors in this process. As a result, the article argues that international human rights law implementation becomes more diversified both within and across federal States.

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Criminogenic Policy Antithetical to Peace Policy: A Case Study of NAFTA as a Violation of International Law

Humanity & Society ◽

10.1177/0160597620932893 ◽

2020 ◽

pp. 016059762093289

Author(s):

Daniel Patten

Keyword(s):

Human Rights ◽

International Law ◽

Free Trade Agreement ◽

Trade Agreement ◽

Negotiation Process ◽

Study Analysis ◽

Business Investment ◽

Written Text ◽

Case Study Analysis

Successful peace policy that enshrines human rights allows individuals to thrive economically, politically, and socially with minimal conflict. Building from literature on crimes of globalization, genocide, and human rights, the current research investigates the concept of a criminogenic policy that at its core is antithetical to peace policy. Using case study analysis, North American Free Trade Agreement (NAFTA) is found to be both criminal and criminogenic in violation of international law for two primary reasons. First, the NAFTA negotiation process was criminal and criminogenic for three interrelated reasons: (1) powerful elites heavily influenced the outcome, (2) it was undemocratic, and (3) the opposition was often repressed. Second, the NAFTA policy itself was criminal and criminogenic for two reasons: (1) NAFTA as a policy ignored all of the critical voices that predicted negative outcomes and (2) the written text of NAFTA is criminal for failing to include human rights protections while offering a litany of rights to protect business investment.

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SADC Mediation in Zimbabwe's Global Political Agreement (GPA): A Reflection on Opportunities and Complexities

Africa’s Public Service Delivery and Performance Review ◽

10.4102/apsdpr.v2i2.51 ◽

2014 ◽

Vol 2 (2) ◽

pp. 21

Author(s):

Modeni M. Sibanda

Keyword(s):

Human Rights ◽

Coming Out ◽

Democratic Institutions ◽

Member States ◽

Peace And Security ◽

Universal Human Rights ◽

Regional Organisation ◽

Power And Authority

This article analyses the opportunities and complexities of the SADC mediation in Zimbabwe’s Global Political Agreement (GPA) in facilitating and operationalising theprinciples and values of peace, security, human rights and democracy as set out in Article 4 of the SADC treaty. It attempts to interrogate the extent to which the regional grouping’s mechanisms for enforcing its principles and values have been successful. The article argues that despite SADC’s noble commitment to promoting the development of democratic institutions and practices, as well as encouraging the observance of universal human rights, peace and security, the resolution of the Zimbabwe crisis shows that, in practice, the operationalisation of SADC protocol principles and values have been a sorry saga of delays, secrecy, purported agreements and nothing concrete coming out of it. Using the Zimbabwe case study, this article further argues that SADC either lacks appropriate power and authority or is reluctant to hold member states accountable. This seems so, given that as a regional body, it has allowed itself to be utterly inadequate to the task envisioned by the organ in resolving the Zimbabwe crisis. The paper concludes that the sum of all this has had the effect of exposing SADC and it being perceived as a weak regional organisation.

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The Politics of Domestic Implementation of International Human Rights Law

Asia Pacific Journal on Human Rights and the Law ◽

10.1163/15718158-01601006 ◽

2015 ◽

Vol 16 (1-2) ◽

pp. 104-149 ◽

Cited By ~ 4

Author(s):

Deepika Udagama

Keyword(s):

Human Rights ◽

Political Violence ◽

Social Indicators ◽

Interesting Case ◽

International Human Rights Law ◽

Human Rights Law ◽

International Human Rights ◽

Political Factors ◽

International Human

Domestic application of international human rights law may encounter more serious obstacles than purely doctrinal constraints due to political factors. Sri Lanka offers an interesting case study in that regard. Once a committed democracy with high social indicators, it descended into authoritarianism and political violence a few decades after independence. This article examines the interplay between Sri Lanka’s dualist legal system and its international human rights obligations and points to how the relationship is increasingly being defined by political factors than doctrinal complexities. It argues that in such circumstances remedial action may lie more within the political arena than before legal forums.

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Municipal Courts and the International Interpretive Principle: Al-Kateb v Godwin

University of New South Wales Law Journal ◽

10.53637/jfvk4689 ◽

2020 ◽

Vol 43 (3) ◽

Author(s):

Michael Kirby

Keyword(s):

Human Rights ◽

Common Law ◽

International Human Rights Law ◽

Human Rights Law ◽

International Human Rights ◽

Global Problems ◽

The Common ◽

International Human ◽

Human Rights Norms ◽

Constitutional Adjudication

This article examines the decision in Al-Kateb v Godwin (2004) 219 CLR 562. It revisits the suggested ‘heresy‘ that international human rights law may influence the interpretation of the Australian Constitution and other legal texts. Accessing universal human rights law, including in constitutional adjudication, was endorsed in the Bangalore Principles on the Domestic Application of International Human Rights Norms 1988. The author suggests that interpreting statutory language in this way is not dissimilar to the common-law principle of interpreting statutes so as to uphold basic rights. But should an analogous approach be permissible in deciding the meaning of constitutional language? Although arguably invoked by the majority of the High Court in Mabo v Queensland [No 2] (1992) 175 CLR 1, in the context of declaring the common-law, so far this approach has not been accepted for constitutional elaboration in Australia. But should this be so in the age of global problems and internationalism?

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Clients, clinics and social justice

Higher Education Skills and Work-based Learning ◽

10.1108/heswbl-03-2018-0037 ◽

2018 ◽

Vol 8 (3) ◽

pp. 323-336 ◽

Cited By ~ 3

Author(s):

Robert Collinson ◽

Alice Diver ◽

Sharon McAvoy

Keyword(s):

Human Rights ◽

Social Justice ◽

Case Law ◽

Legal Practice ◽

Law Schools ◽

Legal Ethics ◽

Global Compact ◽

Un Global Compact ◽

Content Type

PurposeThe purpose of this paper is to present a case study of an innovative, three-module pathway designed by the Department of Law and Criminology at Edge Hill University (England) in 2014. In addition to supporting the work of its campus pro-bono law clinic, the first-two modules aim to enhance and evidence the legal skills of EHU’s undergraduate LLB students, to embed a deeper awareness of the (legal) ethics needed for sustainable legal practice (within PRME), and to highlight the increasing need for socially responsible advocates, able to defend the rights of marginalised, vulnerable clients.Design/methodology/approachThe critical analysis of the content and scope of an innovative, work-based learning LLB module pathway, which furthers the aim of the UN Global Compact and the PRME, and ties them firmly to socio-legal issues and advocacy involving recent jurisprudence.FindingsThe case law used within the modules, and the practical work of the students in the campus law clinic, are relevant to social justice issues and to the promotion of PRME values—they promote awareness of human rights principles, highlight the importance of access to legal services and provide students with knowledge of legal ethics. Enhanced employability skills flow from this.Research limitations/implicationsThis is a narrow case study but still provides a useful analysis of an innovative, PRME relevant module pathway. The model mirrors international trends in clinical legal education and also offers a template for other law schools keen to promote the concept of ethical, just legal practice.Practical implicationsThe paper posits that enhanced employability can flow from real world tasks such as advocacy for marginalised or disadvantaged groups and presents an exemplar for other law schools wishing to embed ethics/clinical law practice into their curriculum.Social implicationsThe paper highlights how the campus law clinic serves the public in a deprived region—it raises awareness of human rights and of social justice issues. It has the potential to feed into litigation on social welfare issues (housing, social security, child welfare, etc.).Originality/valueThe discussion of the human rights case law that is used in the Year 2 “bridging module” (which prepares students for working in the law clinic in their final year) is particularly relevant and is analysed in detail, highlighting how this module pathway is aimed at promoting PRME and UN Global Compact principles.

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