Do Human Rights Treaties Help Asylum-Seekers?: Lessons from the United Kingdom

2015 ◽  
Author(s):  
Stephen Meili
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Asylum Seekers ◽  
The United Kingdom ◽  
Human Rights Treaties

State Succession to Human Rights Treaties: Hong Kong and the International Covenant on Civil and Political Rights

1996 ◽  
Vol 45 (4) ◽  
pp. 928-946 ◽  
Author(s):  
Johannes Chan
Keyword(s):  
Human Rights ◽  
Hong Kong ◽  
United Kingdom ◽  
Political Rights ◽  
The United Kingdom ◽  
Human Rights Treaties ◽  
State Succession ◽  
Civil And Political Rights ◽  
Made In

In 1976 the United Kingdom ratified the International Covenant on Civil and Political Rights (ICCPR) and extended it to Hong Kong. Under the Covenant the United Kingdom assumed an obligation to submit periodic reports to the Human Rights Committee on the measures it has adopted to give effect to the rights recognised by the Covenant and on the progress made in the enjoyment of these rights.1 The United Kingdom has submitted four periodic reports on Hong Kong, in 1978,2 1988,3 19914 and 1995.5

Asylum and the Expansion of Deportation in the United Kingdom

2008 ◽  
Vol 43 (2) ◽  
pp. 146-167 ◽  
Author(s):  
Matthew J. Gibney
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Asylum Seekers ◽  
Large Scale ◽  
Policy Innovation ◽  
Liberal Democratic ◽  
The United Kingdom ◽  
Secondary Instrument ◽  
Migration Control

AbstractDeportation has traditionally been seen as a secondary instrument of migration control, one used by liberal democratic states relatively infrequently and with some trepidation. This secondary status has been assured by the fact that deportation is both a complicated and a controversial power. It is complicated because tracking individuals down and returning them home are time-consuming and resource-intense activities; it is controversial because deportation is a cruel power, one that sometimes seems incompatible with respect for human rights. In the light of these constraints, how can one explain the fact that since 2000 the United Kingdom has radically increased the number of failed asylum seekers deported from its territory? I argue in the article that this increase has been achieved through a conscious and careful process of policy innovation that has enabled state officials to engage in large-scale expulsions without directly violating liberal norms.

scholarly journals E.T. Phoned Home…They Know

2018 ◽  
Vol 28 (1-4) ◽  
pp. 92-112
Author(s):  
Holly Huxtable
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
European Convention ◽  
Big Brother ◽  
The United Kingdom ◽  
European Court ◽  
Human Rights Regime ◽  
Human Rights Treaties ◽  
The Subject ◽  
Extraterritorial Jurisdiction

The rationale behind the applicability of human rights treaties to foreign surveillance is the subject of debate. Presented with the opportunity to weigh in on this issue in the case of Big Brother Watch and Others v The United Kingdom, the European Court of Human Rights simply assumed (and rightly so) that the European Convention on Human Rights applies, providing no further reasoning. This article explores the challenges that arise with establishing jurisdiction over foreign surveillance under human rights treaties, and argues for an alternative base for extraterritorial jurisdiction grounded in the moral and theoretical principles underlying the human rights regime.

To Discriminate in Order to Fight Discrimination

2017 ◽  
Author(s):  
Dolores Morondo Taramundi
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
The Other ◽  
The United Kingdom ◽  
European Court ◽  
Main Technique ◽  
Antidiscrimination Law ◽  
The One ◽  
Paradoxical Results ◽  
Conflicts Of Rights

This chapter analyses arguments regarding conflicts of rights in the field of antidiscrimination law, which is a troublesome and less studied area of the growing literature on conflicts of rights. Through discussion of Ladele and McFarlane v. The United Kingdom, a case before the European Court of Human Rights, the chapter examines how the construction of this kind of controversy in terms of ‘competing rights’ or ‘conflicts of rights’ seems to produce paradoxical results. Assessment of these apparent difficulties leads the discussion in two different directions. On the one hand, some troubles come to light regarding the use of the conflict of rights frame itself in the field of antidiscrimination law, particularly in relation to the main technique (‘balancing of rights’) to solve them. On the other hand, some serious consequences of the conflict of rights frame on the development of the antidiscrimination theory of the ECtHR are unearthed.

Contemporary Developments Relating to the Inviolability of Mission Premises

2017 ◽  
Author(s):  
Juan E Falconi Puig
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Urban Planning ◽  
National Security ◽  
Direct Consequence ◽  
Access To Justice ◽  
Controversial Issues ◽  
The United Kingdom ◽  
Domestic Legislation

This chapter addresses some of the controversial issues relating to the inviolability of mission premises. The Yvonne Fletcher incident of 1984 led to debates about the need to upgrade or reform the VCDR in that regard; and the United Kingdom, as a direct consequence of the incident, adopted the ‘Diplomatic and Consular Premises Act 1987’ to be able to adopt unilateral measures to remove premises immunity where threats to national security, to public integrity and/or the need of urban planning exist. Domestic legislation of this kind, however, also provides ground for conflicts with the VCDR. This chapter explores conflicts between property immunity and issues such as access to justice, human rights, and terrorism and examines ways of overcoming such difficulties through mechanisms which safeguard diplomatic privileges and immunity to allow the pursuit of diplomatic functions.

A National Treasure? The Role of Civil Society in Promoting and Enforcing Human Rights in the United Kingdom

2020 ◽  
Author(s):  
Harriet Samuels
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Civil Society ◽  
Negative Attitude ◽  
Civil Society Organizations ◽  
Economic Rights ◽  
The United Kingdom ◽  
The Impact ◽  
Social And Economic Rights

Abstract The article investigates the negative attitude towards civil society over the last decade in the United Kingdom and the repercussions for human rights. It considers this in the context of the United Kingdom government’s implementation of the policy of austerity. It reflects on the various policy and legal changes, and the impact on the campaigning and advocacy work of civil society organizations, particularly those that work on social and economic rights.

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