Pub Date : 2020-06-01DOI: 10.4324/9780429266072-14
J. Donnelly, D. Whelan
{"title":"What Has Been Achieved?","authors":"J. Donnelly, D. Whelan","doi":"10.4324/9780429266072-14","DOIUrl":"https://doi.org/10.4324/9780429266072-14","url":null,"abstract":"","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":"56 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78847655","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}
Pub Date : 2020-06-01DOI: 10.4324/9780429266072-11
J. Donnelly, D. Whelan
{"title":"Globalization, the State, and Human Rights","authors":"J. Donnelly, D. Whelan","doi":"10.4324/9780429266072-11","DOIUrl":"https://doi.org/10.4324/9780429266072-11","url":null,"abstract":"","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":"33 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86300941","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}
Pub Date : 2020-06-01DOI: 10.4324/9780429456862-10
J. Donnelly, D. Whelan
{"title":"Humanitarian Intervention","authors":"J. Donnelly, D. Whelan","doi":"10.4324/9780429456862-10","DOIUrl":"https://doi.org/10.4324/9780429456862-10","url":null,"abstract":"","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74416910","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}
Pub Date : 2020-05-24DOI: 10.1163/22131035-00901002
Conrad Nyamutata
The outbreak of the coronavirus disease (covid-19) in December 2019 precipitated public health control measures in many states across the world. The impact of covid-19 was as unprecedented as were the measures introduced by states to control it. The outbreak provides an opportunity to analyse responses of states to pandemics. At the core of this article is the question whether civil liberties matter during pandemics. A rights-based approach is founded on human rights protected in international human rights treaties. In cases of massive disease outbreaks, states adopt and enforce typically radical measures to contain the spread of the infection. After the outbreak of covid-19, a range of restrictions was imposed by the affected states. However, in the haste to contain a rapidly spreading pandemic, human rights are potentially vulnerable to violations. This article assesses the responses to the pandemic by states within the context of human rights. As the article seeks to illustrate, in times of pandemics, the law on management of pandemics does not favour human rights observance. Even states with deep-rooted democratic cultures resort to illiberal responses. The rhetoric of inalienability of rights becomes hollow as even traditional democratic states mimic authoritarian regimes.
{"title":"Do Civil Liberties Really Matter During Pandemics?","authors":"Conrad Nyamutata","doi":"10.1163/22131035-00901002","DOIUrl":"https://doi.org/10.1163/22131035-00901002","url":null,"abstract":"The outbreak of the coronavirus disease (covid-19) in December 2019 precipitated public health control measures in many states across the world. The impact of covid-19 was as unprecedented as were the measures introduced by states to control it. The outbreak provides an opportunity to analyse responses of states to pandemics. At the core of this article is the question whether civil liberties matter during pandemics. A rights-based approach is founded on human rights protected in international human rights treaties. In cases of massive disease outbreaks, states adopt and enforce typically radical measures to contain the spread of the infection. After the outbreak of covid-19, a range of restrictions was imposed by the affected states. However, in the haste to contain a rapidly spreading pandemic, human rights are potentially vulnerable to violations. This article assesses the responses to the pandemic by states within the context of human rights. As the article seeks to illustrate, in times of pandemics, the law on management of pandemics does not favour human rights observance. Even states with deep-rooted democratic cultures resort to illiberal responses. The rhetoric of inalienability of rights becomes hollow as even traditional democratic states mimic authoritarian regimes.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22131035-00901002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43319469","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}
Pub Date : 2020-05-24DOI: 10.1163/22131035-00901005
{"title":"Books Received","authors":"","doi":"10.1163/22131035-00901005","DOIUrl":"https://doi.org/10.1163/22131035-00901005","url":null,"abstract":"","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22131035-00901005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42743010","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}
Pub Date : 2020-05-24DOI: 10.1163/22131035-00901004
Billy Holmes
Article 6 of the International Covenant on Civil and Political Rights facilitates inequality regarding the imposition of the death penalty and thus, it cannot ensure universality for the protection of the right to life. Paragraph two of this article states: ‘sentence of death may be imposed only for the most serious crimes.’ This article argues that the vagueness of the phrase ‘the most serious crimes’ allows states to undermine human rights principles and human dignity by affording states significant discretion regarding the human rights principles of equality and anti-discrimination. The article posits that this discretion allows states to undermine human dignity and the concept of universal human rights by challenging their universality; by facilitating legal inequality between men and women. Accordingly, it asserts that the implications of not expounding this vague phrase may be far-reaching, particularly in the long-term. The final section of this article offers a potential solution to this problem.
{"title":"Non-universal Human Rights? How Article 6 (2) of the International Covenant on Civil and Political Rights Undermines Human Rights","authors":"Billy Holmes","doi":"10.1163/22131035-00901004","DOIUrl":"https://doi.org/10.1163/22131035-00901004","url":null,"abstract":"Article 6 of the International Covenant on Civil and Political Rights facilitates inequality regarding the imposition of the death penalty and thus, it cannot ensure universality for the protection of the right to life. Paragraph two of this article states: ‘sentence of death may be imposed only for the most serious crimes.’ This article argues that the vagueness of the phrase ‘the most serious crimes’ allows states to undermine human rights principles and human dignity by affording states significant discretion regarding the human rights principles of equality and anti-discrimination. The article posits that this discretion allows states to undermine human dignity and the concept of universal human rights by challenging their universality; by facilitating legal inequality between men and women. Accordingly, it asserts that the implications of not expounding this vague phrase may be far-reaching, particularly in the long-term. The final section of this article offers a potential solution to this problem.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22131035-00901004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45406893","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}
Pub Date : 2020-05-24DOI: 10.1163/22131035-00901006
1. The Covid-19 pandemic is threatening to overwhelm public health care systems, and is having devastating impacts across the world on all spheres of life – the economy, social security, education, and food production. Tens of thousands of lives have already been lost, including those of doctors and nurses providing frontline medical treatment. Jobs have been lost and livelihoods imperilled due to restrictions to curb the transmission of the virus such as ‘lockdowns’. Schools are closed in many affected countries, and people cannot gather for significant cultural and community events such as religious services, weddings or funerals. At the commencement of this statement, the Committee extends its sympathy to all victims of the pandemic and their families as well as the broader communities of which they are part. 2. The pandemic has deep negative impacts on the enjoyment of economic, social and cultural rights (‘escrs’), especially the right to health of the most vulnerable groups. As elaborated below, States are under an obligation to take measures to prevent, or at least to mitigate, these impacts. However, if States do not act with within a human rights framework, a clear risk exists that the measures taken might violate escrs and increase the suffering of the most marginalized groups. No one should be left behind in taking the measures necessary to combat this pandemic.1 These circumstances have led the Committee to issue this statement to highlight the most important impacts of this pandemic on escrs and to make some recommendations to States to combat the covid-19 pandemic in a manner consistent with their obligations under the Covenant.
{"title":"Statement on the Covid-19 Pandemic and Economic, Social and Cultural Rights","authors":"","doi":"10.1163/22131035-00901006","DOIUrl":"https://doi.org/10.1163/22131035-00901006","url":null,"abstract":"1. The Covid-19 pandemic is threatening to overwhelm public health care systems, and is having devastating impacts across the world on all spheres of life – the economy, social security, education, and food production. Tens of thousands of lives have already been lost, including those of doctors and nurses providing frontline medical treatment. Jobs have been lost and livelihoods imperilled due to restrictions to curb the transmission of the virus such as ‘lockdowns’. Schools are closed in many affected countries, and people cannot gather for significant cultural and community events such as religious services, weddings or funerals. At the commencement of this statement, the Committee extends its sympathy to all victims of the pandemic and their families as well as the broader communities of which they are part. 2. The pandemic has deep negative impacts on the enjoyment of economic, social and cultural rights (‘escrs’), especially the right to health of the most vulnerable groups. As elaborated below, States are under an obligation to take measures to prevent, or at least to mitigate, these impacts. However, if States do not act with within a human rights framework, a clear risk exists that the measures taken might violate escrs and increase the suffering of the most marginalized groups. No one should be left behind in taking the measures necessary to combat this pandemic.1 These circumstances have led the Committee to issue this statement to highlight the most important impacts of this pandemic on escrs and to make some recommendations to States to combat the covid-19 pandemic in a manner consistent with their obligations under the Covenant.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22131035-00901006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46642372","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}
Pub Date : 2019-12-12DOI: 10.1093/HE/9780198746218.003.0004
Rhona K. M. Smith
This chapter analyses the history and principles of the International Bill of Human Rights, which is the ethical and legal basis for all the human rights work of the United Nations. The Bill consists of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, two Optional Protocols annexed thereto, and the International Covenant on Economic, Social, and Cultural Rights and Protocol. The chapter also assesses whether the Bill of Human Rights has lived up to the expectations of the original proponents.
{"title":"4. The International Bill of Human Rights","authors":"Rhona K. M. Smith","doi":"10.1093/HE/9780198746218.003.0004","DOIUrl":"https://doi.org/10.1093/HE/9780198746218.003.0004","url":null,"abstract":"This chapter analyses the history and principles of the International Bill of Human Rights, which is the ethical and legal basis for all the human rights work of the United Nations. The Bill consists of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, two Optional Protocols annexed thereto, and the International Covenant on Economic, Social, and Cultural Rights and Protocol. The chapter also assesses whether the Bill of Human Rights has lived up to the expectations of the original proponents.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":"11 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74815833","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}
Pub Date : 2019-12-12DOI: 10.1093/he/9780198843672.003.0015
Rhona K. M. Smith
This chapter discusses the right to be recognized as a person before the law; the equality of persons before the law; the prohibition on retroactive penal legislation; the position of courts under the law; the presumption of innocence; and those rights that accrue primarily to accused persons. It argues that the right to equality before the law is one of the major embodiments of the freedom from discrimination advocated by the United Nations. The right to a fair trial and the equality of arms of parties to a legal dispute are fundamental to the operation of the rule of law.
{"title":"15. Equality before the law—the right to a fair trial","authors":"Rhona K. M. Smith","doi":"10.1093/he/9780198843672.003.0015","DOIUrl":"https://doi.org/10.1093/he/9780198843672.003.0015","url":null,"abstract":"This chapter discusses the right to be recognized as a person before the law; the equality of persons before the law; the prohibition on retroactive penal legislation; the position of courts under the law; the presumption of innocence; and those rights that accrue primarily to accused persons. It argues that the right to equality before the law is one of the major embodiments of the freedom from discrimination advocated by the United Nations. The right to a fair trial and the equality of arms of parties to a legal dispute are fundamental to the operation of the rule of law.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":"34 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87487900","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}
Pub Date : 2019-12-12DOI: 10.1093/he/9780198843672.003.0014
Rhona K. M. Smith
This chapter examines international human rights laws on the right to liberty. It first considers slavery, the most serious threat to an individual’s right to liberty, and then discusses the application of the general rights of liberty and security of person, and the detention of individuals.
{"title":"14. The right to liberty of person","authors":"Rhona K. M. Smith","doi":"10.1093/he/9780198843672.003.0014","DOIUrl":"https://doi.org/10.1093/he/9780198843672.003.0014","url":null,"abstract":"This chapter examines international human rights laws on the right to liberty. It first considers slavery, the most serious threat to an individual’s right to liberty, and then discusses the application of the general rights of liberty and security of person, and the detention of individuals.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":"209 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80571278","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}
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