scholarly journals Do Inferior Tribunals have the Power to declare a Law Unconstitutional? A case in support

2019 ◽  
Vol 19 (4) ◽  
pp. 909-929
Author(s):  
Ingmar R. Borgers
Keyword(s):  
Human Rights ◽  
Canadian Charter ◽  
Power Prior ◽  
Current Context ◽  
Legislative Changes

This paper discusses the ability of an inferior tribunal to declare invalid a law it has the duty to apply as being contrary to the Canadian Charter of Rights and Freedoms or the Quebec Charter of Human Rights and Freedoms. It deals with the implications created by these important legislative changes and their effect upon the powers of an inferior tribunal. A brief discussion upon the power prior to these amendments is undertaken to better place the issue in its current context.

The End of Protection: The Danish ‘Paradigm Shift’ and the Law of Cessation

2021 ◽  
Vol 90 (1) ◽  
pp. 60-85
Author(s):  
Nikolas Feith Tan
Keyword(s):  
Human Rights ◽  
Paradigm Shift ◽  
Potential Role ◽  
Policy Implications ◽  
Refugee Policy ◽  
Human Rights Law ◽  
Legal Standards ◽  
Temporary Protection ◽  
The Law ◽  
Legislative Changes

Abstract This contribution discusses the recent ‘paradigm shift’ in Danish refugee policy towards temporary protection and return in light of the law of the international legal standards governing when an asylum state can end the protection of refugees. The article provides an overview of the spectrum of cessation standards drawing on the 1951 Refugee Convention, complementary protection under human rights law and the concept of temporary protection, before setting out the legislative changes making up the Danish ‘paradigm shift’. The Danish case reveals a structural gap in the law of cessation as it regards to complementary protection. The lack of a comprehensive complementary protection framework in some jurisdictions leaves the law open to governments wishing to instrumentalise and minimise protection obligations. Finally, the article analyses legal and policy implications of the policy turn, discussing Denmark’s potential role as a forerunner in temporary protection and cessation, gaps in the law of cessation vis-à-vis complementary protection, and calling for increased scholarly focus on the law of cessation.

scholarly journals Direitos humanos, descolonialismo e a contribuição brasileira para (re)interpretação dos conceitos de asilo e de refúgio

2019 ◽  
Vol 42 (2) ◽  
pp. 141-155
Author(s):  
Eduardo Biacchi Gomes ◽  
Ane Elise Brandalise Gonçalves
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Point Of View ◽  
American System ◽  
Brazilian Legislation ◽  
Protection Of Human Rights ◽  
Current Context ◽  
America Latina ◽  
Do So

O presente artigo tem por fim analisar, sob a ótica do descolonialismo, os avanços da legislação brasileira em relação aos critérios para concessão do asilo. Para tanto, parte-se do próprio conceito de descolonialismo e a sua aplicabilidade dentro do contexto atual para construção dos Direitos Humanos na América Latina, de forma a cotejar com a nova legislação brasileira em relação aos critérios para fins de concessão de asilo e de refúgio. Por fim, de forma a demonstrar a importância do tema frente ao Sistema Interamericano de Proteção aos Direitos Humanos, questionar-se-á quanto a possibilidade de referidos temas serem analisados por parte da Corte Interamericana de Direitos Humanos (Corte IDH). Abstract: The purpose of this article is to analyze, from the point of view of decolonialism, the advances of Brazilian legislation in relation to the criteria for granting asylum. In order to do so, it is based on the very concept of decolonialism and its applicability within the current context for the construction of Human Rights in Latin America, in order to compare with the new Brazilian legislation in relation to the criteria for granting asylum and refuge. Finally, in order to demonstrate the importance of the issue in the Inter-American System for the Protection of Human Rights, it will be questioned whether the above-mentioned issues can be analyzed by the Inter-American Court of Human Rights.

scholarly journals Le recouvrement de l'impôt et les droits de la personne

2005 ◽  
Vol 24 (3) ◽  
pp. 457-475
Author(s):  
Henri Brun
Keyword(s):  
Human Rights ◽  
Income Tax ◽  
Due Process ◽  
Tax Law ◽  
Canadian Charter ◽  
Section 8 ◽  
Procedural Due Process ◽  
Due Process Of Law ◽  
Income Tax Law ◽  
The Right

Those who like to pay tax are few. Accordingly, income tax is often described as a shame. Of course, the right to enjoyment of property is at stake in the matters of taxation. And the collection of taxation involves also other aspects of the right to substantive and procedural due process of law : right to privacy, to be heard, to unbiassed decision, to professional secrecy... This article contrasts these rights, as they are expressed in sections 5 to 9 and 23 of the Charte des droits et libertés de la personne of Québec and section 8 of the Canadian Charter of Rights and Freedom, with sections 13 to 16 and 38 and following of the Loi sur le ministère du revenu of Québec and sections 159, 231 and 232 of the Canadian Income Tax Act. It finds that it is the application of the income tax law, more than the law itself, that threatens human rights. It concludes that the main benefit of both Charters of rights is to provide a shelter from such unreasonnable application

scholarly journals Sexual and Reproductive Health and Rights of Women: A Rights-based Approach

2019 ◽  
Vol 10 (2) ◽  
pp. 1-6
Author(s):  
Shaorin Tanira ◽  
Raihana Amin ◽  
Sanchita Adhikary ◽  
Khadiza Sultana ◽  
Rashida Khatun
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Mass Communication ◽  
Sexual And Reproductive Health ◽  
Local Community ◽  
Reproductive Rights ◽  
Civil Society Organizations ◽  
Human Right ◽  
Legislative Changes ◽  
Sexual And Reproductive Rights

Violations of women’s sexual and reproductive health and rights are frequent all over the world. Women’s sexual and reproductive health is related to multiple human rights. The term ‘rights-based’ has become increasingly linked to the concept of a more comprehensive approach to sexual and reproductive rights of women around the globe. The rights-based perspective is derived from the treaties, pacts and other international commitments that recognize and reinforce human rights, including the sexual and reproductive rights of women. We conducted an extensive review of the guidelines, frameworks, research reports and published articles that have been cited as informing the rights-based approach. The findings of the review highlights what is meant by sexual and reproductive health and rights by the stakeholders, why this matter is important, and what can be done. It demands more partnerships with human rights, women’s and other civil society organizations, increased number of successful national policies, initiatives and/or legislative changes, increased budget and other resources at national and/or local community level, mass communication and engagement of men to promote and advance women’s sexual and reproductive health and rights. Achievement of gender equality is very crucial, because it is a human right that advances women’s empowerment; and is interlinked with sexual and reproductive health and rights.

The Interests Protected by the Right to Security of Person

2019 ◽  
pp. 103-122
Author(s):  
Rhonda Powell
Keyword(s):  
Human Rights ◽  
South African ◽  
Capabilities Approach ◽  
European Convention ◽  
Political Rights ◽  
Bill Of Rights ◽  
Human Rights Law ◽  
Economic Rights ◽  
Canadian Charter ◽  
The Right

Drawing on the analysis of security in Chapter 3 and the capabilities approach in Chapter 4, Chapter 5 provides examples of the interests that the right to security of person protects. It also considers the extent to which human rights law already recognizes a link between those interests and security of person. Five overlapping examples are discussed in turn: life, the means of life, health, privacy and the home, and autonomy. Illustrations are brought primarily from the European Convention on Human Rights, the Canadian Charter, and the South African Bill of Rights jurisprudence. It is argued that protection against material deprivations that threaten a person’s existence are as much part of the right to personal security as protection against physical assaults. The right to security of person effectively overcomes the problematic distinction between civil and political rights and socio-economic rights because it sits in both categories.

scholarly journals RELATIONS BETWEEN HUMAN RIGHTS AND PUBLIC POLICY: A MULTI-CASE STUDY OF THE IMPACT OF THE RECOMMENDATIONS OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

2020 ◽  
Vol 29 (54) ◽  
pp. 205-221
Author(s):  
Sidney Cesar Silva Guerra ◽  
Fernanda Tonetto
Keyword(s):  
Human Rights ◽  
Public Policies ◽  
Time Frame ◽  
Brazilian State ◽  
Legal Nature ◽  
Deductive Method ◽  
Protection Of Human Rights ◽  
Legislative Changes ◽  
The Impact

The Inter-American Commission on Human Rights, which appears as one of the OAS organs for the promotion and protection of human rights, with its firm action ends up having significant effects on normative production and the development of public policies in favor of human rights of the Brazilian state. Such action derives from the attributions conferred upon them, in particular those related to the preparation of studies, reports and the proposition of recommendations to the States, as well as the adoption of measures that favor the system of protection of human rights at the domestic level and also as regards to the knowledge of individual petitions and interstate communications that contain denunciations of rights that have been debased. Although the reports issued by the Commission are not binding as they don’t have the legal nature of a decision, it is often noted that when a report is issued against a particular state that there has been a violation of human rights, it ends up employing efforts to change the situation in the country through legislative changes and public policies. The present study intends to analyze some consequences of the reports issued by the Inter-American Commission in face of the Brazilian State whose contrary manifestations count twenty incidences. However, for the purpose of this analysis, which will use the hypothetical-deductive method, where the impact of the recommendations on the internal legal order will be demonstrated, only three cases will be dealt with, since a time frame of the last ten years has been adopted.

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