The Siracusa Principles on the Limitation and Derogation Provisions in the International Covenant on Civil and Political Rights

1985 ◽  
Vol 7 (1) ◽  
pp. 3 ◽  
Keyword(s):  
Political Rights ◽  
Civil And Political Rights

The Integral Nature of Ethnicity and Religion during Northern Ireland’s Troubles

2018 ◽  
Vol 41 (1-2) ◽  
pp. 9-18
Author(s):  
Peter Crowley
Keyword(s):  
Religious Identity ◽  
Historical Narratives ◽  
Complex Nature ◽  
Political Rights ◽  
The Troubles ◽  
Religious Conflicts ◽  
The World ◽  
Sectarian Conflict ◽  
Civil And Political Rights ◽  
Religious Other

Northern Ireland’s Troubles conflict, like many complex conflicts through the world, has often been conceived as considerably motivated by religious differences. This paper demonstrates that religion was often integrated into an ethno-religious identity that fueled sectarian conflict between Protestants and Catholics in Northern Ireland during the Troubles period. Instead of being a religious-based conflict, the conflict derived from historical divides of power, land ownership, and civil and political rights in Ireland over several centuries. It relies on 12 interviews, six Protestants and six Catholics, to measure their use of religious references when referring to their religious other. The paper concludes that in the overwhelming majority of cases, both groups did not use religious references, supporting the hypothesis on the integrated nature of ethnicity and religion during the Troubles. It offers grounding for looking into the complex nature of sectarian and seemingly religious conflicts throughout the world, including cases in which religion acts as more of a veneer to deeply rooted identities and historical narratives.

Influence of the ICCPR in Asia

2018 ◽  
Author(s):  
Yogesh Tyagi
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
International Human Rights ◽  
Factors Affecting ◽  
Judicial Discourse ◽  
International Human ◽  
Golden Jubilee ◽  
Civil And Political Rights ◽  
The Impact

The golden jubilee of the International Covenant on Civil and Political Rights (ICCPR) coincides with the emergence of Asia as a centre of global attention. However, greater attention to Asia has been accompanied by some scepticism over its attitude towards human rights. The chapter provides an overall assessment of the impact of the ICCPR on the major Asian States, with an analysis of the factors affecting such influence. The chapter considers the involvement in, observance of, and compliance with the provisions of the ICCPR by these States. It further delves into the academic and judicial discourse on the ICCPR within these States, recording the domestic disposition towards judgments of foreign courts, the output of the Human Rights Committee, and the work of other international human rights bodies. It makes suggestions for developing mechanisms to improve the effectiveness of the ICCPR and for creating databases to perform further research in the area.

Influence of the ICCPR in the Middle East

2018 ◽  
Author(s):  
Başak Çali
Keyword(s):  
Middle East ◽  
Legal Status ◽  
Political Rights ◽  
Reporting Practices ◽  
Rights Protection ◽  
Liberal Democratic ◽  
East Region ◽  
Civil And Political Rights ◽  
State Responses

This chapter surveys the legal influence of the International Covenant on Civil and Political Rights (ICCPR) on the domestic laws of States in the Middle East region. It analyses ratification, reservation, and reporting practices, the domestic legal status of the ICCPR, and State responses to the Human Rights Committee’s concluding observations. The chapter argues that the ICCPR’s legal influence in the region is structurally hampered due to its lack of authoritative legal status and the dominance of defensive domestic legalism. A significant gap remains between the HRC’s vision of civil and political rights protection grounded in the entrenchment of liberal, democratic, and multicultural laws and the region’s authoritarian or majoritarian political structures that foreground security and treat non-majority identities as threats. The influence of the ICCPR on domestic laws in the Middle East remains a long-term battle, whereby small gains under limited legal opportunity structures remain the overarching norm.

The Economic and Political Determinants of Human (Including Health) Rights

1978 ◽  
Vol 8 (1) ◽  
pp. 145-168 ◽  
Author(s):  
Vicente Navarro
Keyword(s):  
Human Rights ◽  
Power Relations ◽  
Political Power ◽  
Political Rights ◽  
Individual Property ◽  
Socioeconomic Rights ◽  
Civil And Political Rights ◽  
Fair Wages ◽  
The Right ◽  
The U.S

This paper presents an analysis and critique of the U.S. government's current emphasis on human rights; and (a) its limited focus on only some civil and political components of the original U.N. Declaration of Human Rights, and (b) its disregard for economic and social rights such as the rights to work, fair wages, health, education, and social security. The paper discusses the reasons for that limited focus and argues that, contrary to what is widely presented in the media and academe: (1) civil and political rights are highly restricted in the U.S.; (2) those rights are further restricted in the U.S. when analyzed in their social and economic dimensions; (3) civil and political rights are not independent of but rather intrinsically related to and dependent on the existence of socioeconomic rights; (4) the definition of the nature and extension of human rights in their civil, political, social, and economic dimensions is not universal, but rather depends on the pattern of economic and political power relations particular to each society; and (5) the pattern of power relations in the U.S. society and the western system of power, based on the right to individual property and its concomitant class structure and relations, is incompatible with the full realization of human rights in their economic, social, political, and civil dimensions. This paper further indicates that U.S. financial and corporate capital, through its overwhelming influence over the organs of political power in the U.S. and over international bodies and agencies, is primarily responsible for the denial of the human rights of the U.S. population and many populations throughout the world as well.

scholarly journals Death Zones, Comfort Zones: Queering the Refugee Question

2015 ◽  
Vol 22 (1) ◽  
pp. 101-127 ◽  
Author(s):  
Eddie Bruce-Jones
Keyword(s):  
Sexual Politics ◽  
Moral Economy ◽  
Gender And Sexuality ◽  
Political Rights ◽  
Legal Practice ◽  
Dynamic Relationship ◽  
Refugee Law ◽  
Transformative Potential ◽  
Civil And Political Rights ◽  
Constitutional Protections

Sexuality-based refugee claims constitute an expanding area of legal practice and scholarship. This expansion in the field of refugee law mirrors international efforts to address homophobia in various sites around the globe, and in legal terms, this has predominantly taken the form of rights-based protections, such as decriminalising same-sex sexual acts as a matter of civil and political rights. The strategies of addressing sex-, gender- and sexuality-based oppression in the context of free movement on one hand and constitutional protections on the other share a common set of tensions and dilemmas, and both risk re-inscribing fundamental aspects of the very violence that they each seek to address. This article asks what it might mean to “queer” refugee law, particularly in the context of its dynamic relationship with the discourse of decriminalisation. The article takes forward the centrality of sexual politics within the moral economy of migration regulation and attempts to approach it with the methodological impulse and transformative potential that “queer” suggests.

ACCIDENT AND DESIGN: RECOGNISING VICTIMS OF AGGRESSION IN INTERNATIONAL LAW

2021 ◽  
Vol 70 (1) ◽  
pp. 103-132
Author(s):  
Shane Darcy
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Future Application ◽  
Political Rights ◽  
Recent Developments ◽  
Civil And Political Rights

AbstractInternational law has not traditionally recognised individuals as victims of the crime of aggression. Recent developments may precipitate a departure from this approach. The activation of the jurisdiction of the International Criminal Court over the crime of aggression opens the way for the future application of the Court's regime of victim participation and reparation in the context of prosecutions for this crime. The determination by the United Nations Human Rights Committee in General Comment No. 36 that any deprivation of life resulting from an act of aggression violates Article 6 of the International Covenant on Civil and Political Rights serves to recognise a previously overlooked class of victims. This article explores these recent developments, by discussing their background, meaning and implications for international law and the rights of victims.

The Right to Enter One’s Own Country: The Conflict between the Jurisprudence of the Human Rights Committee and the Travaux Préparatoires of Article 12(4) of the iccpr

2021 ◽  
Vol 10 (1) ◽  
pp. 75-123
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Political Rights ◽  
Civil And Political Rights ◽  
The Right

Abstract Article 12(4) of the International Covenant on Civil and Political Rights (iccpr) provides that ‘[n]o one shall be arbitrarily deprived of the right to enter his own country.’ The jurisprudence of the Human Rights Committee shows that Committee members have often disagreed on the question of whether the right under Article 12(4) is reserved for citizens only or it can be claimed by non-citizens who consider the countries in which they were born or they have lived for longer periods as their own. In its earlier case law, the Committee held that Article 12(4) is applicable to nationals only. Since 1999, when General Comment No.27 was adopted, the Committee has moved towards extending the right under Article 12(4) to non-nationals. Its latest case law appears to have supported the Committee’s position that Article 12(4) is applicable to non-nationals. Central to both majority and minority decisions in which the Committee has dealt with Article 12(4), is whether the travaux préparatoires of Article 12(4) support either view. This article relies on the travaux préparatoires of Article 12(4) to argue that it does not support the view that Article 12(4) is applicable to non-nationals.

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