International Human Rights Law Review最新文献

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International Human Rights Law Review Pub Date : 2024-05-23 DOI: 10.1163/22131035-13010001

Rosana Garciandía, Jean-Pierre Gauci

引用次数: 0

Inter-States Disputes Under the Inter-American Human Rights System 美洲人权体系下的国家间争端

International Human Rights Law Review Pub Date : 2024-05-21 DOI: 10.1163/22131035-13010004

Jorge Contesse

{"title":"Inter-States Disputes Under the Inter-American Human Rights System","authors":"Jorge Contesse","doi":"10.1163/22131035-13010004","DOIUrl":"https://doi.org/10.1163/22131035-13010004","url":null,"abstract":"\u0000Under the inter-American human rights system, inter-State disputes seem largely irrelevant. Such irrelevance contrasts with the European human rights system, where the amount of inter-State disputes is significant (and growing), and is similar to the African human rights regime, where there is a very low number of inter-State disputes. In more than four decades since the entry into force of the American Convention on Human Rights, there are only two inter-State disputes brought before the Inter-American Commission on Human Rights—one of the two bodies that, along with the Inter-American Court, make up the regional human rights system. The virtual inexistence of inter-State complaints, however, does not mean an absence of human rights disputes among members of the Organization of American States (oas). In fact, States resort to other mechanisms to process their disputes. Therefore, to explore how inter-States disputes actually operate under inter-American human rights law, it is necessary to broaden the view and look beyond the specific mechanism of inter-State communications established in the American Convention. This article discusses the two inter-State communications that the Inter-American Commission on Human Rights has so far examined, and analyses other mechanisms—typically, advisory opinions by the Inter-American Court—that serve as a substitute for inter-State communications. The article shows how oas States use advisory opinions as a covert inter-State dispute mechanism and argues that the Inter-American Court should articulate a clear set of admissibility standards to address this practice.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141115681","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Inter-State Cases under icerd as an Avenue to Protect Cultural Heritage 将 icerd 下的国家间案件作为保护文化遗产的途径

International Human Rights Law Review Pub Date : 2024-05-20 DOI: 10.1163/22131035-13010007

David Keane

{"title":"Inter-State Cases under icerd as an Avenue to Protect Cultural Heritage","authors":"David Keane","doi":"10.1163/22131035-13010007","DOIUrl":"https://doi.org/10.1163/22131035-13010007","url":null,"abstract":"\u0000The most recent applications before the International Court of Justice (icj) under Article 22 of the International Convention on the Elimination of All Forms of Racial Discrimination (icerd), Armenia v. Azerbaijan and Azerbaijan v. Armenia, both claim that the destruction of cultural heritage during the Nagorno-Karabakh conflict constitutes a violation of the Convention. The applications have met with enthusiasm that icerd offers a potential new avenue for the protection of cultural heritage, as well as scepticism as to whether these claims fall within the scope of the treaty. Armenia and Azerbaijan bypassed the inter-State communications mechanism under Articles 11–13 before the Committee on the Elimination of Racial Discrimination (cerd), as they are legally entitled to do. But the cerd perspective remains important. First, the Articles 11–13 mechanism is available in relation to 182 States Parties, whereas due to reservations, the Article 22 mechanism is available only in relation to 157 States Parties. Second, cerd practice in relation to cultural heritage ought to inform the determination of the Court. This article investigates the cerd approach to the protection of cultural heritage. It draws in related questions such as whether religious cultural heritage comes under a treaty on racial discrimination; the applicability of these protections in situations of armed conflict; and icerd’s relationship with other specialised instruments. It offers conclusions as to what extent an avenue for the protection of cultural heritage under icerd exists before the Committee and the Court.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141119945","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Path Less Taken? Interstate Conciliation and Human Rights 少有人走的路？州际调解与人权

International Human Rights Law Review Pub Date : 2024-05-15 DOI: 10.1163/22131035-13010006

Eran Sthoeger

引用次数: 0

General comment No. 26 (2023) on Children’s Rights and the Environment, with a Special Focus on Climate Change 关于儿童权利与环境，特别关注气候变化的第 26 号一般性意见（2023 年

International Human Rights Law Review Pub Date : 2023-12-07 DOI: 10.1163/22131035-12020006

{"title":"General comment No. 26 (2023) on Children’s Rights and the Environment, with a Special Focus on Climate Change","authors":"","doi":"10.1163/22131035-12020006","DOIUrl":"https://doi.org/10.1163/22131035-12020006","url":null,"abstract":"\u0000A clean, healthy and sustainable environment is both a human right itself and necessary for the full enjoyment of a broad range of children’s rights. Conversely, environmental degradation, including the consequences of the climate crisis, adversely affects the enjoyment of these rights, in particular for children in disadvantaged situations or children living in regions that are highly exposed to climate change. The exercise by children of their rights to freedom of expression, peaceful assembly and association, to information and education, to participate and be heard and to effective remedies can result in more rights-compliant, and therefore more ambitious and effective, environmental policies. In this way, children’s rights and environmental protection form a virtuous circle. The present general comment is focused on children’s rights and the environment, with a particular emphasis on climate change. Its aims are to: (a) emphasize the urgent need to address the adverse effects of environmental degradation, with a special focus on climate change, on the enjoyment of children’s rights; (b) promote a holistic understanding of children’s rights as they apply to environmental protection; and (c) clarify the obligations of States party to the UN Convention on the Rights of the Child (the Convention) and provide authoritative guidance on legislative, administrative and other appropriate measures to address environmental harm, with a special focus on climate change.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138983494","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Breaking the Vicious Circle between Discrimination and Homelessness 打破歧视与无家可归之间的恶性循环

International Human Rights Law Review Pub Date : 2023-12-07 DOI: 10.1163/22131035-12020004

Roxani Fragkou, Alexandros Tsadiras

引用次数: 0

The Right to Bail in Seychelles: Implementing Article 9(3) of the International Covenant on Civil and Political Rights 在塞舌尔的保释权:执行《公民权利和政治权利国际盟约》第9(3)条

International Human Rights Law Review Pub Date : 2023-10-03 DOI: 10.1163/22131035-12020002

Jamil Ddamulira Mujuzi

{"title":"The Right to Bail in Seychelles: Implementing Article 9(3) of the International Covenant on Civil and Political Rights","authors":"Jamil Ddamulira Mujuzi","doi":"10.1163/22131035-12020002","DOIUrl":"https://doi.org/10.1163/22131035-12020002","url":null,"abstract":"Abstract Seychelles acceded to the International Covenant on Civil and Political Rights ( iccpr ) in 1992. Article 9(3) of the iccpr provides for circumstances in which an accused may be released on bail. Article 18(7) of the Constitution of Seychelles (2008) provides for the grounds on which a court may decline to release an arrested or accused person on bail. Article 48 of the Constitution requires Seychellois courts to, inter alia, refer to international treaties and the practice/jurisprudence of international human rights bodies when interpreting constitutional rights. This article illustrates the drafting history of Article 9(3) of the iccpr and how it has been interpreted by the Human Rights Committee. It also highlights the right to bail under the African human rights system. Based on over 250 cases of the magistrate’s court, Supreme Court, Constitutional Court and Court of Appeal decided between 1998 and 2023, the article discusses the extent to which the courts’ jurisprudence complies with the practice and/or jurisprudence of the Human Rights Committee on the following issues: the right to bail, courts with jurisdiction to grant bail, factors courts consider in making bail decisions, burden of proof in bail matters, bail pending appeal and court’s power to revoke bail. It is argued, inter alia, that although the jurisprudence on bail substantially complies with the standards set by the Human Rights Committee, there are instances in which some of the courts’ decisions are contrary to these standards. The article recommends that courts should ensure that the jurisprudence on bail complies with the principles developed by the Human Rights Committee.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135744481","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Transfer of Surveillance Technology and End-Use Human Rights Abuses 监控技术的转让和最终用途的侵犯人权行为

International Human Rights Law Review Pub Date : 2023-08-02 DOI: 10.1163/22131035-12020001

E. Carpanelli

引用次数: 0

General comment No. 26 (2022) on Land and Economic, Social and Cultural Rights 关于土地与经济、社会及文化权利的第26(2022)号一般性意见

International Human Rights Law Review Pub Date : 2023-07-11 DOI: 10.1163/22131035-12010002

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引用次数: 0

Domestic Courts’ Reliance on International Law to Interpret the Charter of Rights and Freedoms and/or other Domestic Law in the Seychelles 塞舌尔国内法院对国际法解释《权利与自由宪章》和/或其他国内法的依赖

International Human Rights Law Review Pub Date : 2023-07-11 DOI: 10.1163/22131035-12010003

Jamil Ddamulira Mujuzi

{"title":"Domestic Courts’ Reliance on International Law to Interpret the Charter of Rights and Freedoms and/or other Domestic Law in the Seychelles","authors":"Jamil Ddamulira Mujuzi","doi":"10.1163/22131035-12010003","DOIUrl":"https://doi.org/10.1163/22131035-12010003","url":null,"abstract":"\u0000Unlike the Constitutions of some African States such as Kenya, South Africa, Zimbabwe and Comoros, the Constitution of Seychelles is silent on the status of international law (both treaty law and customary international law) in the Seychelles legal system. However, Article 48 of the Constitution requires courts to, inter alia, ensure that the Charter of Rights and Freedoms (the Charter) is ‘interpreted in such a way so as not to be inconsistent with any international obligations of Seychelles relating to human rights and freedoms.’ Article 64(4) of the Constitution provides that for Seychelles to be bound by a treaty, such a treaty has to be ratified by Parliament. In this article, the author illustrates how Seychelles courts (the Supreme Court, the Constitutional Court and the Court of Appeal) have applied or interpreted Articles 48 and 64 of the Constitution. The author submits, inter alia, that there is room for the argument that Seychelles courts may also refer to treaties which have not been ratified by Seychelles when interpreting the Charter of Rights. It is also argued that for courts to refer to a treaty when interpreting the Charter, there is no requirement for such a treaty to have been domesticated in Seychelles. It is argued further that in the absence of a constitutional provision to the contrary, customary international law is part of Seychelles law.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44224352","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0