scholarly journals Beyond Resolution 2347 (2017): The Search for Protection of Cultural Heritage from Armed Non-State Groups

2021 ◽  
Vol 7 (1) ◽  
pp. 153
Author(s):  
Giulia Baj
Keyword(s):  
Human Rights ◽  
Cultural Heritage ◽  
United Nations Security Council ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Cultural Rights ◽  
Conflict Situations ◽  
Terrorist Groups ◽  
The Right ◽  
Protection Of Cultural Heritage

One expression of cultural rights is the right to enjoy cultural heritage. However, the latter is not efficiently protected in situations of armed conflict. In many cases, armed non-State groups (ANSGs) have destroyed or looted cultural heritage items. The United Nations Security Council has intervened with Resolution 2347 (2017), welcomed by many as a milestone in the international protection of cultural heritage in conflict situations. However, this Resolution presents several limitations. The protection of cultural heritage from destruction and exploitation does not appear as the main focus, but rather as a means to fight terrorist groups. The attacks against cultural heritage are considered “war crimes”, but only “under certain circumstances”. The Resolution encourages States “that have not yet done so to consider ratifying” treaties on the issue in question; however, these instruments are treaties drafted and ratified by States. Problems of compliance by non-State actors, as ANSGs, arise. Hence, the capacity of theResolution to effectively protect cultural heritage in conflicts involving ANSGs is debated. This paper analyses the text of Resolution 2347 (2017), resorting to traditional means of interpretation to highlight its limitations, and considers how a general sense of the necessity to protect cultural heritage from attacks committed by ANSGs has emerged, as demonstrated by the International Criminal Court's Al Mahdi case. The paper then considers other ways to guarantee the protection of cultural heritage from ANSGs. A proposal for stronger protection of cultural heritage by States through both international humanitarian law (IHL) and international human rights law (IHRL) is presented. In particular, the connection between the protection of cultural heritage, the guarantee of cultural rights and other human rights is presented, resorting to instruments of doctrine and analyzing instruments of practice. Finally, the case for the stronger international cooperation for the protection of cultural heritage is made; problems of compliance by ANSGs may persist, but the systematic destruction of cultural heritage items can be considered a violation of cultural rights, thus requiring the cooperation of all international stakeholders.

scholarly journals Cultural heritage: Right, identity and dignity: Right of access to and enjoyment of cultural heritage as a human right

2020 ◽  
Vol 54 (4) ◽  
pp. 1210-1259
Author(s):  
Branko Rakić
Keyword(s):  
Human Rights ◽  
Cultural Heritage ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
Cultural Rights ◽  
Heritage Protection ◽  
The Right ◽  
Right Of Access

In international human rights law established after World War Two, one of cultural rights that has been traditionally most neglected out of five categories of human rights (civil, political, economic, social and cultural rights), is the right to participation in cultural life, while its segment, by the nature of things, is also the right of access to and enjoyment of cultural heritage. Although international human rights law thus establishes the basis for treating the right of access to and enjoyment of cultural heritage as a human right, international acts dealing with the matters of cultural heritage protection have had a long-prevailing approach in which cultural goods were protected because of their inherent value. It was only recently, with the emerging needs and interests in respect of the safeguarding of cultural diversity and protection of intangible cultural heritage, that the emphasis began to be placed on the relationship, including the legal one, between cultural heritage and human communities, groups and individuals with a special subjective attitude towards it. That is how the human-rights based system of cultural heritage protection was gradually established and the segment of international law dealing with human rights was brought closer to the segment dealing with cultural heritage. In order to consider a right as a human right, apart from the will of law-makers to be like that, it also requires the existence of certain values which constitute the basis for it and which should be safeguarded through the protection of that human right. An understanding deriving from a series of international legal acts and being widespread in theory is that, when it comes to cultural rights, including the right of access to and enjoyment of cultural heritage, such basis is constituted by identity, first of all cultural identity, and human dignity. Therefore, although the foundation is laid for the right of access to and enjoyment of cultural heritage to be treated as a human right, it is necessary to clarify and elaborate, at the legal level, a number of questions which should ensure effective enjoyment of this right. The task is in the hands of states, either as participants in the adoption of international law acts or as national law-makers, so the question remains open as to the nature of their attitude to further development of the human-rights based system of cultural heritage protection.

Part VI Refugee Rights and Realities, Ch.53 The Right to Work

2021 ◽  
Author(s):  
Costello Cathryn ◽  
O’Cinnéide Colm
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Cultural Rights ◽  
Political Processes ◽  
Right To Work ◽  
Degrading Treatment ◽  
Forced Labour ◽  
The Right ◽  
European Regional

This chapter analyses the application of the right to work to asylum seekers and refugees, examining the right under international human rights law of global scope, in particular under the International Covenant on Economic, Social and Cultural Rights. While that instrument is often perceived as being normatively weak, due in part to a misunderstanding about the ‘progressive realization’ standard, the chapter highlights States’ immediate ‘minimum core’ obligations under the right to work. It also assesses the right under African, Inter-American, and European regional human rights mechanisms. Some deprivations of the right to work may entail breaches of regional treaties, directly or indirectly. Restrictions on the right to work may also contribute to violations of absolute rights, such as the prohibitions on inhuman and degrading treatment, or forced labour. The chapter then looks at two possible means of securing the right to work, namely domestic litigation and transnational political processes.

Part II Predominant Security Challenges and International Law, Economic and Resource Security, Ch.27 Food Security

2021 ◽  
Author(s):  
Elver Hilal
Keyword(s):  
Human Rights ◽  
Food Security ◽  
Food Insecurity ◽  
International Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Right To Food ◽  
International Convention ◽  
Fundamental Rights And Freedoms ◽  
The Right

This chapter focuses on food security. Although ‘food security’ is not a legal concept and does not impose rights or responsibilities, it is a necessary precondition to the full enjoyment of the right to food. The right to food is enshrined in article 25 of the Universal Declaration of Human Rights as an integral part of the right to an adequate standard of living. As this right is indivisible, interrelated, and interdependent with all other fundamental rights and freedoms, it is ultimately essential for a secure, safe, and harmonious world. The chapter demonstrates that severe food insecurity continues to inflict massive casualties and create and prolong conflicts and emergencies despite well-established rules of international law, international humanitarian law, and international human rights law. It then looks at the international law principles protecting food security with the aim to diffuse emergency situations that create instability, inequality, and unrest, including those resulting from conflicts and natural disasters. The chapter provides suggestions for enforcing and enhancing existing laws and for the adoption of a new international convention which will set out clear duties and obligations for States and non-State actors with a view to eliminating food insecurity and preventing violations of the right to food for a safer, more secure world.

14. Cultural rights

2017 ◽  
Author(s):  
Julie Ringelheim
Keyword(s):  
Human Rights ◽  
Scientific Progress ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Cultural Rights ◽  
Cultural Life ◽  
Material Interests ◽  
International Human ◽  
The Right

This chapter examines the sources of cultural rights in international human rights law, describes their evolution, and highlights the major debates regarding their interpretation. Specifically, it discusses the content and meaning of the right to take part in cultural life, the right to enjoy the benefits of scientific progress and its applications, and the rights of authors and inventors to the protection of their moral and material interests.

The African Commission on Human and Peoples' Rights and the Demystification of Second and Third Generation Rights under the African Charter: Social and Economic Rights Action Center (SERAC) and the Center for Economic and Social Rights (CESR) v. Nigeria

2005 ◽  
Vol 1 (2) ◽  
pp. 129-146 ◽  
Author(s):  
Justice C. Nwobike
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Economic Rights ◽  
Oil Companies ◽  
Cultural Rights ◽  
Right To Development ◽  
Failure To Protect ◽  
Action Center ◽  
The Right ◽  
African Commission

AbstractThis article argues that the decision of the African Commission on Human and Peoples' Rights in the Ogoni case represents a giant stride towards the protection and promotion of economic, social and cultural rights of Africans. This is predicated on the African Commission's finding that the Nigerian Government's failure to protect the Ogoni people from the activities of oil companies operating in the Niger Delta is contrary to international human rights law and is in fact a step backwards since Nigeria had earlier adopted legislation to fulfill its obligation towards the progressive realization of these rights. The findings of the African Commission demonstrate that economic, social and cultural rights are not vague or incapable of judicial enforcement. They also illustrate how the Charter can be interpreted generously to ensure the effective enjoyment of rights. Novel and commendable as the decision is, it is not without its shortcomings. These shortcomings lie in the failure of the Commission to pronounce on the right to development, its silence on the desirability of holding transnational corporations accountable for human rights violations, and the institutional weakness of the Commission in enforcing its decisions.

scholarly journals Conflict over Conflict: The Right to Strike in International Law

2017 ◽  
Vol 8 (1) ◽  
Author(s):  
Diane F Frey
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Political Rights ◽  
International Labour Organisation ◽  
International Human Rights ◽  
Cultural Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
The Right

<p>The existence of a right to strike under international law has been challenged by the International Organization of Employers since the late 1980s. The employer group claims that no such right exists under international law and has been moving to undermine recognition of the right at the International Labour Organisation (ILO). This article examines the right to strike in international human rights law. It considers specifically the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) and finds that the right to strike exists in both of these treaties. Further, the article demonstrates that while the ILO employers group may challenge the existence of the right to strike, its government members have overwhelmingly ratified international human rights treaties contradicting the employer group's position that there is no such right.</p>

Economic, Social, and Cultural Rights in Armed Conflict

2014 ◽  
Author(s):  
Eibe Riedel
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Protection ◽  
Cultural Rights ◽  
Rights Protection ◽  
The Relationship ◽  
Two Bodies

This chapter examines the protection of economic, social, and cultural rights in armed conflict under international human rights law (IHRL) and international humanitarian law (IHL). It analyses the relationship between such human rights protection and IHL rules and suggests that, despite the differences in the scope of the applicability of these two bodies of law, they are intricately interwoven and have become more so in recent times. It also compares the implementation mechanisms of IHL and IHRL and shows that human rights procedures are more varied, comprehensive in scope, and potentially more effective.

Rethinking the Permissive Function of Military Necessity in Internal Non-International Armed Conflict

2018 ◽  
Vol 51 (2) ◽  
pp. 235-259 ◽  
Author(s):  
Kosuke Onishi
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Right To Life ◽  
Jus Ad Bellum ◽  
Military Necessity ◽  
The Right

This article advocates limiting the permissive impact of military necessity on the right to life. It has been argued that military necessity justifies deviations from international human rights law (IHRL) because this body of law is inadequate to deal with the necessities arising out of armed conflict. The article argues that while this rationale is convincing, it should not mean that conduct that is lawful under humanitarian law is necessarily also lawful under human rights law. The degree of force that may be used under international humanitarian law (IHL) is often superfluous. In some instances such violence is tempered by thejus ad bellum, but this body of law does not apply in internal non-international armed conflict (NIAC). The article concludes by exploring the potential for IHRL to play a role in tempering superfluous violence in NIAC that is similar to that whichjus ad bellumplays in international conflict.

The use of nuclear weapons and human rights

2015 ◽  
Vol 97 (899) ◽  
pp. 663-680
Author(s):  
Stuart Casey-Maslen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Nuclear Weapons ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Healthy Environment ◽  
The Right

AbstractInternational human rights law is an as-yet underused branch of international law when assessing the legality of nuclear weapons and advocating for their elimination. It offers a far greater range of implementation mechanisms than does international humanitarian law (IHL), and arguably strengthens the protections afforded to civilians and combatants under IHL, particularly in non-international armed conflict. Of particular relevance are the rights to life, to humane treatment, to health and to a healthy environment, associated with the right to a remedy for violations of any human rights.

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