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- Biblioteca Digitais de Teses e Dissertações da USP
- Netherlands Quarterly of Human Rights
- World Bank
- Banco Mundial
- Human Rights Watch REPORT
- Åbo Akademi University Institute for Human Rights
- Instituto Universitário Europeu
- Universidade Nacional da Austrália
- CGHR, Dept. of Politics and International Studies, University of Cambridge
- African Human Rights Law Journal
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Direito internacional dos direitos humanos: uma discussão sobre a relativização da soberania face à efetivação da proteção internacional dos direitos humanos; International law of human rights: a discussion about the sovereignty relativity in face of the effectiveness of the international protection of the human rights.
Fonte: Biblioteca Digitais de Teses e Dissertações da USP
Publicador: Biblioteca Digitais de Teses e Dissertações da USP
Tipo: Tese de Doutorado
Formato: application/pdf
Publicado em 30/06/2009
PT
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66.21%
#Direito internacional público#Direitos humanos#Effectiveness#Human rights#International law#International protection of the human rights#Relativity#Soberania nacional#Sovereignty
A presente tese tem como objeto de estudo o direito internacional dos direitos humanos, trazendo como proposição a apresentação de uma nova concepção sobre a soberania. A justificativa que levou à escolha do tema e desenvolvimento do texto aflorou da verificação de diversas teorias emergentes na tentativa de melhor conceber o exercício contemporâneo da soberania estatal, diante da cada vez mais indispensável proteção dos direitos humanos no plano internacional. Esta constatação instigou o aprofundamento do assunto no sentido de contribuir para com o rompimento do dogma da soberania aliada à característica da supremacia, definição persistente que tem justificado a inefetividade do direito internacional dos direitos humanos. A pretensão foi buscar subsídios para a construção de um novo conceito de soberania estatal redesenhado a partir do paradigma da revitalização da soberania em decorrência da efetivação da proteção internacional dos direitos humanos. O texto demonstra que a tensão existente entre a efetivação concreta dos direitos humanos na esfera internacional e a suposta barreira da soberania estatal emerge da tentativa de se explicar institutos jurídicos novos com fundamentos principiológicos tradicionais que...
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A era dos Direitos Sociais: lineamentos históricos, filosóficos e jurídicos dos Direitos Humanos Fundamentais: relação com o Direito do Trabalho: aplicação, pela jurisprudência; The era of social rights: historical, philosophical and legal lineaments of fundamental human rights: relationship with the labour law: imposition by case law.
Fonte: Biblioteca Digitais de Teses e Dissertações da USP
Publicador: Biblioteca Digitais de Teses e Dissertações da USP
Tipo: Tese de Doutorado
Formato: application/pdf
Publicado em 29/01/2013
PT
Relevância na Pesquisa
66.21%
#Direito do trabalho#Direitos e garantias individuais#Direitos humanos#Direitos humanos fundamentais#Direitos sociais#Fundamental human rights#Labour law#Social rights
O objetivo essencial da tese é o exame específico dos Direitos Humanos Fundamentais e dos princípios respectivos, sobretudo aqueles relativos à dignidade da pessoa humana e ao valor social do trabalho, bem como da relação destes com o Direito do Trabalho e com o Direito Processual do Trabalho. A oportunidade (ou necessidade) para este estudo resultou da constante referência, nas petições, nos debates e nas decisões dos Juízes e Tribunais do Trabalho, aos Direitos Humanos Fundamentais, assim como ao princípio da dignidade da pessoa humana o mais importante na menção aos Direitos Humanos e, também, consagrado pela (e na) Constituição Federal. Trata-se de projeção de tais preocupações da vivência diária, como juiz, sobretudo depois da ampliação da competência da Justiça do Trabalho, decorrente da Emenda Constitucional n. 45, de 2004. Daí resultou a verificação da efetividade e eficácia da inclusão dos Direitos Humanos no Direito positivo. Há estudo da terminologia. Passou-se ao estudo das diversas concepções, segundo as variadas correntes doutrinárias. Entendeu-se indispensável a leitura da sua evolução, na história, na filosofia, na teologia, e da sua inclusão no Direito positivo. Adotou-se como marco...
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Rights in Asylum Sharing and Other Human Transfer Agreements
Fonte: Netherlands Quarterly of Human Rights
Publicador: Netherlands Quarterly of Human Rights
Tipo: Artigo de Revista Científica
Formato: 221947 bytes; application/pdf
EN
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The article sets out the concept of a State-to-State human transfer agreement of which
extradition and deportation are specialised forms. Asylum sharing agreements are
other variations which the article explores in more detail. Human transfer agreements
always affect at least the right to liberty and the freedom of movement, but other rights
will also be at issue to some extent. The article shows how human rights obligations
limit State discretion in asylum sharing agreements and considers how past and
present asylum sharing arrangements in Europe and North America deal with these
limits, if at all. The article suggests changes in the way asylum sharing agreements are
drafted: for example, providing for a treaty committee would allow existing agreements
to better conform to international human rights instruments and would facilitate State
compliance to their human rights obligations.
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Human Rights and Climate Change : A Review of the International Legal Dimensions
Fonte: World Bank
Publicador: World Bank
Relevância na Pesquisa
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#ACCESS TO INFORMATION#ADEQUATE FOOD#ADEQUATE PROTECTION#AFFIRMATIVE ACTION#AGRICULTURAL PRODUCTION#APPLICABLE LAW#ARBITRARY DETENTION#ARMED CONFLICTS#ATMOSPHERE#BASES#BASIS OF RACE
The study includes a conceptual overview
of the link between climate impacts and human rights,
focused on the relevant legal obligations underpinning the
international law frameworks governing both human rights and
climate change. As such it makes a significant contribution
to the global debate on climate change and human rights by
offering a comprehensive analysis of the international legal
dimensions of this intersection. The study helps advance an
understanding of what is meant, in legal and policy terms,
by the human rights impacts of climate change through
examples of specific substantive rights. It gives a legal
and theoretic perspective on the connection between human
rights and climate change along three dimensions: first,
human rights may affect the enjoyment of human rights.
Second, measures to address human rights may impact the
realization of rights and third, that human rights have
potential relevance to policy and operational responses to
climate change, and may promote resilience to climate
change...
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Human Rights Indicators in Development : An Introduction
Fonte: World Bank
Publicador: World Bank
Relevância na Pesquisa
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#ADEQUATE FOOD#ADVOCACY#ANTIDISCRIMINATION#APPLICABLE LAW#CERTIFICATION#CHILD PORNOGRAPHY#CHILD PROSTITUTION#CIVIL LIBERTIES#CIVIL SOCIETY#CONVENTION ON THE RIGHTS OF THE CHILD#COUNSEL
Human rights indicators are central to
the application of human rights standards in context and
relate essentially to measuring human rights realization,
both qualitatively and quantitatively. They offer an
empirical or evidence-based dimension to the normative
content of human rights legal obligations and provide a
means of connecting those obligations with empirical data
and evidence and, in this way, relate to human rights
accountability and the enforcement of human rights
obligations. Human rights indicators are important for both
assessment and diagnostic purposes: the assessment function
of human rights indicators relates to their use in
monitoring accountability, effectiveness, and impact; the
diagnostic purpose relates to measuring the current state of
human rights implementation and enjoyment in a given
context, whether regional, country-specific, or local. This
paper offers a preliminary review of the foregoing in the
development context and a general perspective on the
significance of human rights indicators for development
processes and outcomes. It is not intended to be
prescriptive and does not provide specific operational
recommendations on the use of human rights indicators in
development projects. Nor does it advocate a particular
approach or mode of integrating human rights in development
or argue for a rights-based approach to development. This
paper is designed to provide development practitioners with
a preliminary view on the possible relevance...
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Human Rights Based Approaches to Development Concepts, Evidence, and Policy
Fonte: Banco Mundial
Publicador: Banco Mundial
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#ADVOCACY#BULLETIN#CHILD LABOR#CITIZENS#CITIZENSHIP#CIVIL RIGHTS#CIVIL SOCIETY#CIVIL SOCIETY ORGANIZATIONS#COMPLIANCE WITH HUMAN RIGHTS TREATIES#CONVENTION ON THE RIGHTS OF THE CHILD#COURT CASES
This paper assesses the benefits, risks,
and limitations of human rights based approaches to
development, which can be catalogued on the basis of the
institutional mechanisms they rely on: global compliance
based on international and regional treaties; the policies
and programming of donors and executive agencies; rights
talk; and legal mobilization. The paper briefly reviews the
politics of the first three kinds of human rights based
approaches before examining constitutionally based legal
mobilization for social and economic rights in greater
detail. Litigation for social and economic rights is
increasing in frequency and scope in several countries, and
exhibits appealing attributes, such as inclusiveness and
deliberative quality. Still, there are potential problems
with this form of human rights based mobilization, including
middle class capture, the potential counter-majoritarianism
of courts, and difficulties in compliance. The conclusion
summarizes what is known, and what remains to be studied,
regarding human rights based approaches to development.
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Human Rights as Demands for Communicative Action
Fonte: Banco Mundial
Publicador: Banco Mundial
Relevância na Pesquisa
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#ACADEMIC FREEDOM#ACCESS TO INFORMATION#ADMINISTRATIVE LAW#APARTHEID#BASIC HUMAN RIGHTS#BASIC RIGHTS#CANDIDATES#CITIZEN ENGAGEMENT#CITIZENS#CIVIL LIBERTIES#CIVIL SOCIETY
A key issue with human rights is how to
allocate duties correlative to rights claims. But the
philosophical literature, drawing largely on naturalistic or
interactional accounts of human rights, develops answers to
this question that do not illuminate actual human rights
problems. Charles Beitz, in recent work, attempts to develop
a conception of human rights more firmly rooted in, and
helpful for, current practice. While a move in the right
direction, his account does not incorporate the domestic
practice of human rights, and as a result remains
insufficiently instructive for many human rights challenges.
This paper addresses the problem of allocating correlative
duties by taking the practices of domestic courts in several
countries as a normative benchmark. Upon reviewing how
courts in Colombia, India, South Africa, Indonesia, and
elsewhere have allocated duties associated with
socio-economic rights, the paper finds that courts urge
parties to move from an adversarial to an investigative
mode, impose requirements that parties argue in good faith...
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“They Came and Destroyed Our Village Again" The Plight of Internally Displaced Persons in Karen State
Fonte: Human Rights Watch REPORT
Publicador: Human Rights Watch REPORT
Tipo: Outros
EN
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While the nonviolent struggle of Daw Aung San Suu Kyi against the Burmese military
government’s continuing repression has captured the world’s attention, the profound
human rights and humanitarian crisis endured by Burma’s ethnic minority communities
has largely been ignored.
¶
Decades of armed conflict have devastated ethnic minority communities, which make up
approximately 35 percent of Burma’s population. The Burmese army, or Tatmadaw, has for many years carried out numerous and widespread summary executions, looting,
torture, rape and other sexual violence, arbitrary arrests and torture, forced labor,
recruitment of child soldiers, and the displacement and demolition of entire villages as
part of military operations against ethnic minority armed opposition groups. Civilians
bear the brunt of a state of almost perpetual conflict and militarization.
¶
Violations of international human rights and humanitarian law (the laws of war) by the
Tatmadaw have been particularly acute in eastern Karen state, which runs along the
northwestern border of Thailand. One woman described to Human Rights Watch more
than twenty years of Tatmadaw brutality:
...
One result of the Tatmadaw’s brutal behavior has been the creation of large numbers of
internally displaced persons (IDPs) and refugees among Burma’s ethnic minority
communities. Conflict and its consequences have been going on for so long that in many
ethnic minority-populated areas...
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International Protection of Human Rights: A Textbook
Fonte: Åbo Akademi University Institute for Human Rights
Publicador: Åbo Akademi University Institute for Human Rights
Tipo: Livro
EN
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This textbook presents the main universal and regional systems and standards for the international protection of human rights, also taking note of recent changes in procedure together with substantive developments in the field of human rights law.
In addition to the United Nations at the universal level, it outlines the existing regional protection systems in Europe, Africa and the Americas as well as bringing for the discussion pertaining to human rights law in Asia and the Arab countries.
Moreover, the various means for domestic implementation of human rights law are covered, and attention is drawn to the role of non-governmental organizations in the protection of human rights.
This volume is not limited to human rights law in the strict sense, but rather places human rights within a wider context of public international law as well as philosophy.
The primary target group for this textbook are Master’s level students in law schools and specialized Master’s programmes in international law or human rights law, but the book may also appeal to more advanced human rights researchers and professors teaching human rights topics.; I. The Foundations of Human Rights
1. Philosophical and Historical Foundations of Human Rights (Heiner Bielefeldt)
2. Characteristics of Human Rights Norms (Martin Scheinin)
3. The Status of Human Rights in International Law (Olivier De Schutter)
II. United Nations Standards and Mechanisms
4. The United Nations and Human Rights (Hurst Hannum)
5. United Nations Charter-Based Protection of Human Rights (Andrew Clapham)
6. Civil and Political Rights (Sir Nigel Rodley)
7. Economic...
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Human rights require ‘cosmopolitan constitutionalism’ and cosmopolitan law for democratic governance of public goods
Fonte: Instituto Universitário Europeu
Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento
Formato: application/pdf; digital
EN
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#Constitutional pluralism#Cosmopolitan constitutionalism#European Court of Human Rights#European Free Trade Area Court#EU Court of Justice#European law#Human rights#International economic law#Judicial governance#Legal methodologies#Multilevel constitutionalism
The more ‘globalization’ transforms ‘national public goods’ demanded by citizens into transnational ‘aggregate public goods’, the stronger becomes the need for reviewing ‘Westphalian governance failures’ and related ‘legal methodologies’ (Section I). Resolving the ‘constitutional problems’ and ‘collective action problems’ of multilevel governance (e.g. in terms of constituting, limiting, regulating and justifying multilevel governance powers, participation and representation of citizens in governance and dispute settlement, rule of law protecting cosmopolitan rights) requires supplementing national Constitutions by ‘multilevel cosmopolitan constitutionalism’ empowering citizens and multilevel governance institutions to realize their collective responsibility for protecting human rights, rule of law and other interdependent public goods across frontiers (Section II). The prevailing ‘political realism’ and ‘constitutional nationalism’ neglect the customary law requirements of interpreting international treaties and settling disputes ‘in conformity with the principles of justice and international law’, including ‘human rights and fundamental freedoms for all’, in order to limit democratic accountability of governments (Section III). Human rights and multilevel protection of ‘principles of justice’ require cosmopolitan law based on constitutional...
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Applying dignity, respect, honor and human rights to a pluralistic, multicultural universe
Fonte: Instituto Universitário Europeu
Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento
Formato: application/pdf
EN
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66.22%
“Human dignity” is the foundation of the human rights discourse that evolved around the United Nations’ 1948 Universal Declaration of Human Rights. In recent decades, the concept of human dignity has been vastly over-extended, gradually becoming a vague, nearly meaningless “catch-all” phrase. In the 21st century’s pluralistic and multicultural world, this development has played into two worrisome trends. One is the formulation of any cultural-specific identity-based claim as involving a human dignity-based human right; such over-extension of human dignity and human dignity-based rights breeds growing scepticism regarding the usefulness of the whole human rights discourse. The second trend is the erroneous portrayal of cultural specific honor-based claims as involving dignity-based human rights. Such misleading portrayal blurs the boundaries between the universalistically humanistic dignity-based human rights discourse, and culturally specific, often separatist and conservative honor-based mentalities. Attempting to address these troubling trends, this paper defines a tightly knit human dignity, which marks the absolute value/ worth of the common denominator of humanness in all human beings. This human dignity gives rise to universalistic and absolute – yet minimal – fundamental human rights. It is conceptually distinguished from what I refer to as “respect”...
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Human security and human rights under international law : reinforcing protection in the context of structural vulnerability
Fonte: Instituto Universitário Europeu
Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado
EN
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Examining Board: Professor Martin Scheinin, European University Institute (Supervisor) Professor. Ruth Rubio-Marin, European University Institute Professor Christine Chinkin, London School of Economics and Political Science Judge Antônio Augusto CançadoTrindade, International Court of Justice.; Defence date: 10 June 2013; Human security has been qualified as "the emerging paradigm for understanding global vulnerabilities". Articulated by UN and regional bodies over the last twenty years, its person-centred axis of freedom from fear, from want and to live in dignity and its protection and empowerment strategies, suggest communicating bridges with human rights law. However, this connection has seldom been explored at a deeper level that transcends human rights as discourse or token. This thesis analyses whether human security may provide tools for an expansive and integrated legal interpretation of international human rights, state and non-state obligations in the context of structural vulnerability; and whether a gendered and human rights-based approach can more accurately define the scope of human security and the types of violence and deprivation it considers. Thus, on the basis of an initial interdisciplinary research, this thesis maps and critically evaluates the expressions of human security/human rights interaction in international law...
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The right candidate for human rights
Fonte: Universidade Nacional da Austrália
Publicador: Universidade Nacional da Austrália
Tipo: Relatório
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Human rights violations continue to burden countless groups, cultures and sub-cultures
around the world. There is increasing scrutiny of human rights in Australia, particularly
as they pertain to Indigenous Australians. The individuals and organisations in Australia
who work to defend, promote and protect the human rights of Australia's Indigenous
people should be more readily acknowledged for the work they have undertaken.
The Emilio F. Mignone International Human Rights Prize came into existence because an
Argentine man, Emilio F. Mignone, dedicated his life to helping people overcome great
injustice and loss. Acts of genocide in Argentina, such as the forced removal of family
members from their homes and loved ones, are not dissimilar to the case of Australia's
Stolen Generations.
The Emilio F. Mignone International Human Rights Prize is a way for Argentina to
acknowledge the efforts of individuals and/or organisations working to promote and
protect the human rights of Indigenous peoples internationally. This prize seeks to
recognise outstanding commitments to human rights, and is awarded by the Minister for
Foreign Affairs in Argentina every year.
It is important for the Embassy of Argentina in Canberra to present nominations to
Argentina for the Emilio F. Mignone International Human Rights Prize in order to
acknowledge the work of Australia's human rights advocates on an international level.
Many Indigenous and non-Indigenous individuals or organisations across Australia
present a unique story that has had a lasting effect on the lives of Australia's Aboriginal
and Torres Strait Islander population. The underpinning motivation...
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ICTs and Human Rights Practice; A report prepared for the UN Special Rapporteur on extrajudicial, summary and arbitrary executions
Fonte: CGHR, Dept. of Politics and International Studies, University of Cambridge
Publicador: CGHR, Dept. of Politics and International Studies, University of Cambridge
Tipo: Report; published version
EN
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#ICTS#human rights#digital technologies#human rights pratice#human rights fact-finding#human rights advocay
Since 2011, CGHR has collaborated with the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, providing research support to his mandate. In 2012, a team of researchers produced a ?Research Pack? on the threats to the right to life of journalists for an Expert Meeting held in Cambridge, ultimately contributing to the Special Rapporteur?s report that year to the Human Rights Council. In 2013, work began on a broader collaboration studying violations of the right to life across the African continent, culminating in a report, ?Unlawful Killings in Africa,? to guide the Special Rapporteur?s future activity.
In 2014, a CGHR research team began a study of how the use of information and communication technologies affects the right to life, resulting in this report and the ICTs and Human Rights blog. This report was originally a discussion document prepared by CGHR Research Associate Dr Ella McPherson in collaboration with the mandate of the Special Rapporteur and ahead of a meeting of experts held in Cambridge in February 2015. The discussion document, as well as the discussion at the expert meeting, contributed to the Special Rapporteur?s thematic report on the use of information and communications technologies to secure; The use of information and communication technologies (ICTs) is creating a wealth of new opportunities as well as a variety of new risks for human rights practice. Given the pace of innovation in the development and use of ICTs...
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Human trafficking and human rights violations in South Africa: Stakeholders' perceptions and the critical role of legislation
Fonte: African Human Rights Law Journal
Publicador: African Human Rights Law Journal
Tipo: Artigo de Revista Científica
Formato: text/html
Publicado em 01/01/2014
EN
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This article examines the perspectives of governmental and nongovernmental stakeholders in South Africa on the dynamics of human trafficking in South Africa, and on efforts to protect the human rights of rescued victims of human trafficking prior to the promulgation of human trafficking legislation in the country. The authors seek to understand the range of views and approaches of stakeholders to trafficking, including possible links to HIV, as human trafficking is commonly discussed in the media, but empirical research on the scale, dynamics, and impacts of trafficking in South Africa is scarce. This exploratory situation analysis involves desk review and 24 key informant interviews, using purposive and sequential referral sampling. Respondents included government departments and non-governmental organisations working at a border-crossing site (Musina), and two major destination sites for irregular migrants, including trafficked people (Johannesburg and Cape Town). Almost all respondents reported that human trafficking is significant and complex, and that both cross-border and internal movement of trafficked victims violate victims' rights in several ways. While they suffer at the hands of organised crime syndicates, their rights are further violated even after rescue...
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Women's health and human rights: Public spending on health and the military one decade after the African Women's Protocol
Fonte: African Human Rights Law Journal
Publicador: African Human Rights Law Journal
Tipo: Artigo de Revista Científica
Formato: text/html
Publicado em 01/01/2014
EN
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The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa has been hailed for its efforts to promote women's health and rights.. The Protocol has now been signed and ratified by approximately two-thirds of African Union member states, from the most populous and largest to the smallest countries on the continent. The Protocol envisages major steps to improve the status of women on the continent, from economic opportunities and food security through to marriage and the rights of widows. This article seeks to contribute to the emerging literature on gender, health and rights, by exploring how government commitments to the health mandates of the Women's Protocol have transpired in practice, one decade after its enactment, with a focus on resource allocations. The article's scope includes a review of why sexual and reproductive rights matter, intrinsically, as rights, and evidence about their instrumental importance for development. Available evidence about status and trends in women's health in Africa is presented, highlighting some advances as well as major shortcomings. This is the important empirical background against which to explore the human rights obligations of African states on this front...
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The protection against discrimination based on sexual orientation under the African human rights system
Fonte: African Human Rights Law Journal
Publicador: African Human Rights Law Journal
Tipo: Artigo de Revista Científica
Formato: text/html
Publicado em 01/01/2015
EN
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#Equality#dignity#sexual orientation#gay and lesbian rights#African Charter on Human and Peoples' Rights
Recent legislation proposed or passed in Nigeria, Uganda and The Gambia has put the spotlight on the plights of homosexual persons living in sub-Saharan Africa. In Nigeria, discriminatory laws prohibit same-sex marriages and ban gay clubs and organisations. In Uganda, the Prohibition of the Promotion of Unnatural Sexual Practices Bill of 2014, with contents similar to the notorious Anti-Homosexuality Act, is being considered after a ruling by the Ugandan Constitutional Court rendering the Anti-Homosexuality Act unconstitutional. In The Gambia, the Penal Code has been amended recently to add the crime of 'aggravated homosexuality' with a lifetime prison sentence for any person found guilty. The rights to dignity and equality are protected under the African Charter on Human and Peoples' Rights; however, competing local and global values are arguably growing in Africa, challenging this right. This article explores two main problems: first, how the rights to dignity, equality and non-discrimination should generally be interpreted and applied under the regional African human rights system when related to sexual orientation. In this regard I draw on the interpretation of these rights under international human rights law as well as the jurisprudence of the European Court of Human Rights and its Inter-American counterpart. Second...
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Cultural rights versus human rights: A critical analysis of the trokosi practice in Ghana and the role of civil society
Fonte: African Human Rights Law Journal
Publicador: African Human Rights Law Journal
Tipo: Artigo de Revista Científica
Formato: text/html
Publicado em 01/01/2015
EN
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#universal human rights#cultural relativism#trokosi#civil society#transnational advocacy networking#Ghana
In this article, I examine critically the culture versus human rights debate, and the crucial role and tactics of civil society organisations, drawing on insights from transnational advocacy networking, in the struggle to extend human rights to vulnerable people with reference to the trokosi practice in Ghana. This trokosi system turns virgin girls into slaves of the gods to atone for crimes committed by their family members. Theoretically, universal human rights must take precedence over any demand for cultural rights. In practice, however, the actual enforcement of human rights laws that conflict with other cultural values and practices can be more messy and complex than it is often conceptualised. Essentially, universal human rights accommodate, recognise and promote cultural rights; however, the latter ends at a point where its observance is likely to result in the violation of the fundamental human rights of others. I conclude that, although the call for cultural pluralism and the need to celebrate and respect the diversity of cultures sound legitimate, this demand cannot be allowed to trump the minimum package of the fundamental human rights that protect human dignity, wellbeing and integrity within the context of human rights protocols that state parties already have ratified. Yet...
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Striking a balance between community norms and human rights: The continuing struggle of the East African Court of Justice
Fonte: African Human Rights Law Journal
Publicador: African Human Rights Law Journal
Tipo: Artigo de Revista Científica
Formato: text/html
Publicado em 01/01/2015
EN
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#East African Court of Justice#human rights#jurisdiction#sub-regional courts#African economic communities
The article exposes the difficult position in which the East African Court of Justice (EACJ) finds itself when faced with matters containing human rights allegations, which the Court is barred from deciding as such. The EACJ is often called upon to draw a line between what might constitute a human rights case and a claim relating to an East African Community (EAC) norm which is not barred under article 27(2) of the East African Community Treaty. As the main judicial mechanism of the EAC, the EACJ is primarily mandated to interpret and apply EAC law, of which human rights form part. Despite the existing limitations, the EACJ has clearly laid down its position that it cannot 'abdicate' exercising its interpretive mandate, even if a matter before it contains allegations of human rights violations. In doing so, the EACJ has indirectly protected human rights in the EAC through other forms of cause of actions, such as the rule of law and good governance. This contribution advances two key arguments: First, the EAC Treaty contains human rights norms that the EACj cannot escape from interpreting. Second, due to the continuing restrictions in adjudicating human rights, as well as the existing human rights norms in the EAC Treaty, the EACJ is trapped in precarious attempts to balance the advancing of EAC norms...
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African values and human rights as two sides of the same coin: A reply to Oyowe
Fonte: African Human Rights Law Journal
Publicador: African Human Rights Law Journal
Tipo: Artigo de Revista Científica
Formato: text/html
Publicado em 01/01/2014
EN
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In an article previously published in this Journal, Anthony Oyowe critically engages with my attempt to demonstrate how the human rights characteristic of South Africa's Constitution can be grounded on a certain interpretation of Afro-communitarian values that are often associated with talk of ubuntu. Drawing on recurrent themes of human dignity and communal relationships in the sub-Saharan tradition, I have advanced a moral-philosophical principle that I argue entails and plausibly explains a wide array of individual rights to civil liberties, political power, criminal procedures and economic resources. Oyowe's most important criticism of my theory is in effect that it is caught in a dilemma: Either the principle I articulate can account for human rights, in which case it does not count as communitarian, or it does count as the latter, but cannot account for the former. In this article, I reply to Oyowe, contending that he misinterprets key facets of my theory to the point of not yet engaging with its core strategy for deriving human rights from salient elements of ubuntu. I conclude that Oyowe is unjustified in claiming that there are 'theoretical lapses' that 'cast enormous doubts' on my project of deriving human rights from a basic moral principle with a recognisably sub-Saharan and communitarian pedigree.
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