scholarly journals On the Margins of Citizenship: The Refugee Crisis and the Transformation of Identities in Europe

2017 ◽  
Vol 12 (2) ◽  
Author(s):  
Athanasia Petropoulou
Keyword(s):  
Human Rights ◽  
Refugee Crisis ◽  
International Human Rights ◽  
Current Form ◽  
Human Rights Regime ◽  
European Citizenship ◽  
International Human ◽  
Strong Inclusion ◽  
The Right

Drawing on the notion of the “right to have rights”, the study aims to explore how the European responses in the context of the current so called “refugee crisis”, based on strong inclusion-exclusion mechanisms, as well as the current shortcomings of the international human rights regime can be pertinent for analysing and capturing current transformations of the notion and foundations of European citizenship. It is further suggested that the institution of European citizenship in its current form needs to be superseded, in order to attain a truly cosmopolitan content and to provide a basis for a universalistic human rights regime. The main proposal presented in this direction, stresses the need to rethink human rights in terms of political practices and to “rediscover” the revolutionary heritage of human rights from an Arendtian perspective.

Introduction to the Right to Avoid Procreation and the Regulation of Pregnancy

2020 ◽  
Author(s):  
Janne Rothmar Herrmann ◽  
Elizabeth Sepper
Keyword(s):  
Human Rights ◽  
Family Formation ◽  
Population Control ◽  
Fetal Life ◽  
International Human Rights Law ◽  
International Human Rights ◽  
Reproductive Freedom ◽  
Human Rights Regime ◽  
International Human ◽  
The Right

This chapter discusses the right not to procreate as a cornerstone of reproductive freedom in international human rights law. It shows that, despite the wide disagreement and divergence in approaches among European nations as well as among US states, the same principles guide legal, political, and moral debates over the right not to procreate and of the regulation of pregnant women. Interests in autonomy, equality, family formation, family life, privacy, medical ethics, health, and fetal life cut across jurisdictions, although their impact varies to greater and lesser degrees. These interests are reflected in the contours of the right not to procreate under the international human rights regime. This emerged out of two very different United Nations conferences focusing on population control (the UN International Conference on Population and Development in Cairo in 1994) and women’s rights (the Fourth World Conference on Women in Beijing in 1995), respectively.

Minority as inferiority: minority rights in historical perspective

2008 ◽  
Vol 34 (2) ◽  
pp. 243-263 ◽  
Author(s):  
ANDRE LIEBICH
Keyword(s):  
Human Rights ◽  
Historical Perspective ◽  
Minority Rights ◽  
Self Determination ◽  
International Treaties ◽  
International Human Rights ◽  
Human Rights Regime ◽  
International Human ◽  
The Right

AbstractThis article argues that minority rights developed as an indemnity offered to defeated parties. As a grudging and begrudged calculus of compensation, considered inadequate by the vanquished and offensive by the victors, minority rights have been unable to compete in terms of legitimacy with either an increasingly robust international human rights regime or with the right of national self-determination. After reviewing some explanations for the weakness of the existing minority rights regime, this article traces the rationale of what may be described anachronistically as minority rights provisions in international treaties from the Peace of Westphalia to the Versailles settlement, concluding with a consideration of present-day implications of the argument elaborated here.

scholarly journals India: A Model for the Enforcement of Economic, Social, and Cultural Rights

2019 ◽  
Vol 37 (2) ◽  
Author(s):  
Lawrenz Fares
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
International Human Rights ◽  
Right To Food ◽  
Cultural Rights ◽  
Human Rights Regime ◽  
International Human ◽  
Civil And Political Rights ◽  
The Right ◽  
The Impact

Under the modern international human rights regime, all people are entitled to two categories of rights: civil and political rights and economic, social, and cultural rights. While the judicial enforcement of civil and political rights is commonly accepted in virtually every country in the world, there is a significant degree of hostility towards the judicial enforcement of economic, social, and cultural rights. Critics have long held that the enforcement of these rights in the courtroom would be inherently undemocratic and unmanageable. This belief, and the general aversion to the judicial enforcement of these rights, is primarily rooted in the fact that the enforcement of these rights would require compelling the government to spend vast sums of money in the form of welfare programs. However, India has overcome these criticisms and emerged as a model for the enforcement of these rights. The following paper will serve to lay a foundational understanding of the modern international human rights regime, look to the functionality of both sets of rights, and examine how Indian jurisprudence has come to allow the enforcement of economic, social, and cultural rights in the courtroom. From there, this paper will examine PUCL v. Union of India, the landmark case that recognized the right to food in India, the impact this case has on the lives of the Indian people, and the economic impact of protecting the right to food in an attempt to demonstrate that the judicial enforcement of these rights is not only possible, but can also be done in an effective manner.

The Right to Exclude, Human Rights,and Political Facts

2016 ◽  
Vol 3 (2) ◽  
Author(s):  
Henning Hahn
Keyword(s):  
Human Rights ◽  
International Human Rights ◽  
Leverage Points ◽  
Compelling Argument ◽  
Human Rights Regime ◽  
Immanent Critique ◽  
International Human ◽  
The Right ◽  
Blind Spots

AbstractIn this paper I will defend a limited right to exclusion. Legitimate states are entitled to refuse the entrance of unwanted immigrants, if necessary with force. However, I will also work out leverage points for a cosmopolitan critique of this view, one that starts with national borders as they are and constructs human rights conditionalities as they could be. In particular, I propose an immanent critique of Michael Blake’s jurisdictional theory of immigration. Blake gives a compelling argument that sovereign states have a prerogative to decide upon their own border policies, a prerogative that is only constrained by the international human rights regime. However, even if cosmopolitans accept this argument (which I think they should), they still have good reasons to expand the prevailing human rights regime in three respects: with regard to the classification of basic human rights, the domain of human rights obligations, and blind spots of the current human rights regime.

Legal Pluralism, Human Rights and the Right to Vote: The Case of the Noken System in Papua

2021 ◽  
Vol 22 (2) ◽  
pp. 255-286
Author(s):  
Ignatius Yordan Nugraha
Keyword(s):  
Human Rights ◽  
Local Population ◽  
Constitutional Court ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Right To Vote ◽  
The Right ◽  
Legal Pluralist

Abstract The goal of this article is to explore the clash between international human rights law and a legal pluralist framework in the case of the noken system and also to investigate potential solutions to the clash. Elections in Indonesia are generally founded on the principle of direct, universal, free, secret, honest and fair voting. There is a notable exception in the Province of Papua, where tribes in the Central Mountains area are following the noken system. Under this system, votes are allocated to the candidate(s) based on the decision of the big man or the consensus of the tribe. The Indonesian Constitutional Court has accepted this practice as reflecting the customs of the local population. However, this form of voting seems to be contrary to the right to vote under international human rights law, since article 25(b) of the International Covenant on Civil and Political Rights stipulates that elections shall be held genuinely by universal suffrage and secret ballot to guarantee the free will of the electors. Consequently, the case of the noken system in Papua reflects an uneasy clash between a legal pluralist approach and universal human rights.

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