Questions related to Human Rights Law
With the increase in cases of attacks on journalists in the Arab world in general and the occupied State of Palestine in particular. Is there a glimmer of hope to legislate binding international rules that limit the violation of the sanctity of journalists and not prevent them from exercising their role by revealing the facts and communicating information to the international community about any violations of human rights law?
I hope you are doing well. I recently wrote an article dealing with democracy in Russia. What do you think? Will there be democracy in Russia, what factors are in play? Article can be found here below:
Best wishes Henrik
The European project: ERIH was founded by The European Science Foundation (ESF) and transfered to ERIH + provide by Norwegian NSD. I should be a platform of European humanistic discurs. Does it realy plays thsi role in your context?
After the abolition of the death penalty in some countries, did crime rate increase or decrease in those countries? Which better serves justice: the deterrent effect -if any- of the death penalty or the risk of executing a wrongfully convicted human being?
If there is gender discrimination in course of employment, whether the employer shall be liable if the discriminating act was done by the employees or agents, what is the approach to make a determination concerning the sanctions to the employer? What specific sanctions (legal responsibilities) should the employer be subjected to?
Is health in Kenya adequately financed? Relatedly, is there a need for additional sources of revenue to fund health? The limited resources that are available to the Kenyan government are prioritised in the budget that earmarks how much is to be allocated to each public sector. Regrettably, health financing has been on a reducing scale and the government is considering ways to broaden its revenue base for financing health. I want to pick up on the argument of limited resources and posit Islamic taxation as an alternative source of revenue potentially available to the Kenyan government for financing health. Scholars have considered the argument of limited resources from the lens of prioritisation – that is the need to make the best possible use of these limited resources to continually improve the well-being of society and increase the revenue in the long term. Other scholars have posited that the argument on limited resources is to be examined by inquiring into different ways by which the resource base can be increased. Among the latter scholars, many suggest an examination of the tax policy of a state to increase taxation. Tax increments place a higher burden on the poor and middle-income earners, and is therefore not a persuasive approach to broadening the tax base. If the discourse on limited resources is to be analysed further from the scholarship on broadening the tax base then isnt it important to also address it from a different discipline, Islamic taxation?
When, where, and by whom were they implemented? Why do you think they were successful?
Centuries of linguistic imposition associated with colonial expansion, followed by the monolingual policies of governments seeking to create national identities, and more recently the global expansion of corporate power and communications networks, have taken their toll on many languages, to the point where some have become extinct and others are faced with the challenge of revitalizing themselves to avoid extinction. Some language communities have had more success than others in meeting this challenge and fortifying their mother tongues. I am interested in reading more about these efforts, and I think that the diverse, multicultural composition of ResearchGate makes it an ideal forum for discussing this topic.
I am attaching the English version of the Universal Declaration of Linguistic Rights (Barcelona, 1996) as an initial contribution to the discussion.
I am a master students who is currently looking for a topic to research on in the field of SRHR of youth particularly women in developing countries, i need help in finding research gaps that i can do for my research paper.
Fragmentation and Integration in Human Rights Law
Users’ Perspectives Edited by Eva Brems, Professor and Saïla Ouald-Chaib, Post Doctoral Researcher, Human Rights Centre, Ghent University, Belgium
From the perspective of rights holders and duty bearers, human rights law appears as an increasingly complex field of law, consisting of different levels, actors and norms. The fragmentation of human rights law has resulted in an uncoordinated legal architecture that may in some circumstances create obstacles for effective human rights protection. Against this background, this volume examines how to make sense – in both theoretical and practical terms - of these multiple layers of human rights law through which human rights users have to navigate.
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) grants certain rights to indigenous peoples that are not enjoyed by non-indigenous people.
Do you know of any research that argues for expanding the rights of non-indigenous peoples and references UNDRIP?
The Conservative manifesto for the forthcoming election states that under a Conservative government, British troops would in future be subject to the Law of Armed Conflict, which includes the Geneva Convention and UK Service Law, not subject to the European Convention on Human Rights. The party will ‘strengthen legal services regulation’ and restrict legal aid for ‘unscrupulous law firms that issue vexatious legal claims against the armed forces’.
Does this represent a postive or negative effect on the concept of an international rule of law?
I am especially interested in the decisions of the high courts (supreme courts, constitutional courts) and their judicial reactions to the scope of application of the EU Charter of Fundamental Rights (national understanding and interpretation of the art. 51/1 of the Charter). Thanks a lot.
I am seeking suggestions for obtaining unbiased answers from respondents within the custody of the department of corrections. I feel that there should be a form of payment, as to offer or deny payment based upon the custody status of an individual could possibly elicit results that are biased.
I am interested in ex post facto cases towards up mentioned measure - Smith v Doe (2003), where court said that if you use this measure retroacively it doesn't breach ex post facto clause. Would you be so kind to tell me how it is solved in your country or in Strasburg court (I only found ADAMSON -V- UNITED KINGDOM; ECHR 1999 ).
In another thread on the issue of International Human Rights law that has proven very popular, I have noticed that the discussion has degenerated into a a quasi-vitriolic exchange between pro versus anti-immigration sentiments. My question is this: given the incendiary rhetoric, particularly in Europe, concerning immigration, is it possible, for purposes of formal academic analysis to separate the wider problem of immigration from the narrower, and more technical issue, of multi-culturalism? That is, to what extent is it possible to discuss and analyze the question of movements of peoples across borders (a universal phenomenon within World History) as a separate issue from the managerial, technocratic, bureaucratic and bio-power dimensions of the social engineering process known as multi-culturalism, which seems to be wholly unique to Western Europe, North America, and Australasia?
That psychoanalytic authors can provide theoretical and technical resources to the approach, intervention and approach with patients who have been victims of serious human rights violations?
I am writing a thesis abut the right of the child to be heard, in special the participation right in judicial and administrative procedures affecting them. I need information in the fields of human rights, comparative law, legal and sociological studies, etc. all information will be welcome.
My investigation is centered in the participation right of the child and all the rights related: the right to be respected, the right to information, the right to be heard, the right to express their points of views, in special in the judicial and administrative process, in special in what concern children and young people in conflict of law.
A virginity test is the practice and process of determining whether a female person is a virgin, i.e., whether she has never engaged in sexual intercourse. The test involves an inspection of a female's hymen, on the assumption that her hymen can only be torn as a result of sexual intercourse. This practice is very common in Kwazulu Natal in South Africa
A pregnant lady with poly trauma due to assault admitted in hospital and she complaint to pain in abdomen as she was hit in her abdomen, during her course of treatment she aborted.
The Table is in the attached file
I'd be very greatful If you could tell me which countries have ratified the ACHR.
Gender studies and advocacy have been understood to proceed from the premise that women and girls are victimized by various forms of discrimination which adversely affect their individual and collective development and depreciate their societal value. Therefore gender advocates seek to correct the imbalances. The question is: where both boys and girls suffer similar abuses, how should gender advocacy be adjusted to accommodate all interests?
First, I am looking for information about criminal and/or religious trials where Hudud or Hodood punishments could have been imposed, to be able to draw conclusions about the percentage of cases where such punishments are imposed versus the cases where the courts opt for other forms of punishment.
Second, I am looking for information about the actual application of the Hudud punishments, i.e. where and when was the judgment executed and a person's hand was cut off, or a person was flogged or stoned, versus cases where the judgment was pronounced but not executed.
Finally, for cases where Hudud punishments were imposed (and executed), I would like to find out whether the court followed Islamic law correctly, including the very strict requirements on evidence, or was motivated more by public opinion and external pressure, i.e. I am looking for the reasoning or motivation of such judgments to see whether the judges provide solid justification for their decisions.
Sources in Arabic are fine but for Urdu and other languages, I would need summaries in English, French, German, Spanish, or Italian.
OPINION 2/13 OF THE COURT (Full Court) 18 December 2014
"Consequently, the Court (Full Court) gives the following Opinion:
The agreement on the accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms is not compatible with Article 6(2) TEU or with Protocol (No 8) relating to Article 6(2) of the Treaty on European Union on the accession of the Union to the European Convention on the Protection of Human Rights and Fundamental Freedoms."
As Israel shows no signs to finish the occupation and withdrew the IDF and settlements, more concerns are raised about its democratic viability
I have seen some citizens preferring to watch TV or go to movie theatres or do something else than going to a polling booth for casting their votes. This results in reduction in the percentage of voting which may amount to choosing a wrong or incompetent or corrupt candidate (due to possibility of illegal proxy or dummy voting by the corrupt candidates) as ministers. Secondly, taking part in the making of government of a country is supposed to be a fundamental human right which can be exercised by casting the vote.
There is no uniform definition of this right within the international framework. Someone has suggested the distinction between "core elements" of the right to health, and other conditions that could impair the right (i.e right to health environment, clean water etc...). The latter also overlaps, in some features, with the right to life. What's your opinion?
In several writings it is set that the content of the peremptory norms of International Law or jus cogens is fluid, and it can be added with new basis when needed, demanding for so that the plaintif legislation or right be recognized as so by the International Community as a whole. But the express recongnition as a peremptory norm is yet to come to a large group of rights. Can we signal that such a recognition for Human Rights is approaching?
According to art. 3.8 of the directive 2008/115 "voluntary departure" means compliance with the obligation to return within the time-limit fixed for that purpose in the return decision. Is it right to use this notion interchangeably with the notion "voluntary return"?
Council Directive 2001/55/EC on minimum standards for giving temporary protection in the event of a mass influx of displaced persons allows temporarily limited measures to receive refugees into the EU. Is there any legal reason the directive cannot be applied on the current situation of Syrians fleeing their country?
I'm working on a legal research and I'm looking for relevant jurisprudence from ECHR regarding financial and tax matters and what is the impact on the national legislation on financial and tax law.
French philosopher Jean-Paul Sartre was a severe critic of liberal democracy and electoral politics. Even though Sartre drafted a new constitution for a postwar France (according to his biographer Annie Cohen-Solal), his philosophy challenges the idea of constitutionalism and civil law, which is largely accepted as a fundamental necessity for the creation and maintenance of a modern democratic society. How has European / Anglo-American constitutional law responded to existentialism? Has the field of Western legal theory / studies engaged with Sartre on any level? Which law journals would be the best to search through? Are there any relevant databases that I could search?
In the wake of human rights promotions all over, its scope is supposed to be extended to the sustainable development process and this question has the sole agenda of it.
Medicine is essentially a humanitarian profession. Those favoring the trend toward health care for profit claim that an increased role for entrepreneurs and competition in the delivery of health care will result in a more efficient and effective health care system. What is your opinion?
A new case of the General Court concerning the respect due to the fundamental rights in the field of competition law. Undertakings are most usually no natural persons, but they still have fundamental rights. The matter concerns the rights of defence and right to privacy and the relevant secondary law provision is the following:
Article 20 (4) Reg 1/2003- The Commission's powers of inspection:
Undertakings and associations of undertakings are required to submit to inspections ordered by decision of the Commission. The decision shall specify the subject matter and purpose of the inspection, appoint the date on which it is to begin and indicate the penalties provided for in Articles 23 and 24 and the right to have the decision reviewed by the Court of Justice. The Commission shall take such decisions after consulting the competition authority of the Member State in whose territory the inspection is to be conducted.
It is obvious that the fundamental rights have been considered by the EU law-maker when the Regulation has been passed, but the judicial review of the Commission inspection prerogatives in a specific case is still a possible way to challenge a Commission Decision concerning an infringement of competition law. Any reflections on the Court jurisprudence concerned with fundamental rights and competition rules?