5. Deprivations of life and liberty

2015 ◽  
Author(s):  
Andrew Clapham
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Fair Trial ◽  
Human Rights Law ◽  
Right To Life ◽  
Legal Restrictions ◽  
The Right ◽  
Association Property

‘Deprivations of life and liberty’ considers the rights to life and liberty, which may be limited through legal restrictions designed to protect a defined legitimate objective. The human rights approach starts from a presumption that we all have rights to liberty, freedom of expression, belief, assembly, association, property, and fair trial. Any restriction on these rights has to be justified as proportionate to the aims pursued by the restriction according to a four-stage schema developed in human rights law. Is the right to life absolute? When is the detention of an individual lawful?

Introductory Note

2017 ◽  
Author(s):  
Guido Raimondi
Keyword(s):  
Human Rights ◽  
End Of Life ◽  
Freedom Of Expression ◽  
Human Rights Law ◽  
Right To Life ◽  
Introductory Note ◽  
Extraterritorial Jurisdiction ◽  
Grand Chamber ◽  
The Right ◽  
Very High

In 2015 the Strasbourg Court decided many cases of legal significance. The most important were given by the Court’s Grand Chamber of the Court, which issued a total of nineteen judgments on the merits during the year. The article lists all the Grand Chamber judgments published in 2015 and mentions the relevant subject matters. The following four cases established important points of European human rights law. 1) Lambert v. France had already attained a very high media profile when it was filed with the Court in mid-2014, concerning the right to life and the end of life. 2) Perinçek v. Switzerland brought before the Court a difficult question about the limits of freedom of expression, concerning in particular freedom of expression and the denial of genocide. 3) Chiragov and Others v. Armenia, and Sargsyan v. Azerbaijan concerned the conflict between Armenia and Azerbaijan. The Grand Chamber decided to hear these cases in parallel considering in particular: (i) the extraterritorial jurisdiction—Armenian jurisdiction over Azen territory and (ii) the presumption of jurisdiction over the entire national territory.

Human Rights Act 1998 (European Convention on Human Rights)

2021 ◽  
pp. 299-306
Author(s):  
Anna Smajdor ◽  
Jonathan Herring ◽  
Robert Wheeler
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Freedom Of Expression ◽  
Fair Trial ◽  
European Convention ◽  
Right To Life ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Forced Labour ◽  
The Right

This chapter covers the Human Rights Act 1998 (European Convention on Human Rights) and includes topics on The Right to Protection from Torture, The Right to Life, Prohibition of slavery and forced labour, Right to liberty and security, Right to a Fair Trial, The Right Not to Suffer Punishment without Legal Authorisation, Right to respect for private and family life, The Right to Freedom of Thought, Conscience and Religion, The Right to Freedom of Expression, The Right to Freedom of Assembly and Association, The Right to Marry, and The Right to Protection from Discrimination.

The Human Rights Obligations of un Peacekeepers

2016 ◽  
Vol 8 (4) ◽  
pp. 431-450
Author(s):  
Conor Foley
Keyword(s):  
Human Rights ◽  
Single Case ◽  
Use Of Force ◽  
Disciplinary Action ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Life ◽  
International Human Rights ◽  
The Right ◽  
Do So

Over 100,000 un peacekeeping personnel are deployed on missions with authority from the Security Council, under Chapter vii of the un Charter, to use force to protect civilians. Nevertheless, they have repeatedly failed to do so and yet there does not appear to be a single case where the un has taken disciplinary action against senior staff for failing to act in line with a mission mandate in this regard. This article argues that the ´positive´ and ´negative´ obligations of international human rights law, protecting the right to life and physical integrity, provide the most appropriate guidance to the tactical use of force by un peacekeeping soldiers. Mechanisms also need to be created to improve the accountability of un missions to those that they are responsible for protecting.

scholarly journals Rescuing Asylum-Seeker Stranded at Sea: Malaysia’s Duty under International Law

2018 ◽  
Vol 7 (3.30) ◽  
pp. 182
Author(s):  
Syafiq Sulaiman ◽  
Salawati Mat Basir ◽  
Mohd Zamre Mohd Zahir
Keyword(s):  
Human Rights ◽  
International Law ◽  
Asylum Seekers ◽  
Law Of The Sea ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Life ◽  
International Human Rights ◽  
International Human ◽  
The Right

The protection of the right to life and the duty to rescue persons in distress at sea are the fundamental obligations under two specialized international law regimes which are the international human rights law and the law of the sea. These rules when read together form a strong protection of the human rights of the asylum-seekers stranded at sea. However, often states failed to honour this obligation for various reasons ranging from national security to economic reasons. This article will analyse Malaysia’s responsibilities as regards the right to life and the duty to rescue of these asylum-seekers. It will also identify the existing international and domestic legal framework relevant to the application of these obligations upon Malaysia and whether it has acted in breach of such obligations. The article then proceeded with suggestions for further improvement that Malaysia can adopt in order to better perform its obligations. This study is a pure doctrinal legal research which is qualitative in nature. The data used in this research is collected from library-based resources. These data were then analyzed by using methods of content analysis as well as critical analysis. The article found that Malaysia has a duty to protect the right to life under international human rights law. Additionally, Malaysia is also bound under the law of the sea to perform its duty to rescue. In view of Malaysia’s failure to perform these duties in two occasions in the past consequently had resulted in a violation of international law. Therefore, it is suggested that Malaysia should initiate a revision of its national laws and policies regarding treatment of asylum-seekers stranded at sea to be in line with Malaysia’s duty under international law. Besides, the Malaysian Maritime Enforcement Agency is call upon to comply with the international standards of treatment of persons in distress at sea which includes the asylum-seekers.  

scholarly journals EKSISTENSI HUKUMAN MATI DITINJAU DARI ASPEK HAM SIPIL DALAM PERSEPEKTIF HAK UNTUK HIDUP

2021 ◽  
Vol 3 (2) ◽  
pp. 72-91
Author(s):  
I Gusti Bagus Hengki
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Research Methodology ◽  
Scientific Paper ◽  
Human Rights Law ◽  
Right To Life ◽  
The Republic ◽  
Perpetrators And Victims ◽  
The Right

This scientific paper is expected to find out how the existence of the death penalty is viewed from the aspect of Civil Human Rights in the perspective of the right to life and whether the existence of the death penalty is contrary to the ideology of the Pancasila State and the 1945 Constitution of the Republic of Indonesia and the Human Rights Law with a normative research methodology with using a statutory approach. From the results of the discussion that the existence of the death penalty in terms of the Civil Human Rights aspect in the perspective of the right to life still needs to be maintained, because it does not conflict with the ideology of the Pancasila State and the 1945 Constitution of the Republic of Indonesia, the Human Rights Law, UDHR and ICCPR, as well as religion. in Indonesia, as long as it is not carried out arbitrarily, in accordance with the provisions of the legislation. This needs to be done because to provide protection for individual perpetrators and victims against acts of revenge, emotional, uncontrollable, vigilante, so that it does not guarantee that the death penalty is abolished. Indeed, there are parties who are pro and contra about the death penalty by both underpinning Pancasila, all of which is to make Pancasila a "Justification".   Tulisan ilmiah ini diharapkan dapat mengetahui bagaimana eksistensi  hukuman mati  ditinjau dari aspek  HAM Sipil dalam perspektif hak untuk hidup  dan apakah eksistensi  hukuman mati bertentangan dengan  ideologi Negara Pancasila dan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 serta  Undang-Undang HAM dengan metodologi penelitian normatif dengan menggunakan jenis pendekatan perundang-undangan (statute Approach). Dari hasil pembahasan bahwa eksistensi hukuman mati ditinjau dari aspek HAM Sipil dalam perspektif Hak untuk hidup  masih perlu dipertahankan, karena tidak bertentangan dengan ideologi Negara Pancasila dan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945, Undang-Undang HAM, UDHR dan ICCPR, maupun agama yang ada di Indonesia, asal dilaksanakan  tidak sewenang-wenang, sesuai dengan ketentuan peraturan perundang-undangan. Hal ini perlu diadakan  karena untuk memberikan perlindungan terhadap individu pelaku dan korban terhadap tindakan balas dendam, emosional, tidak terkendali, main hakim sendiri, sehingga tidak menjamin bahwa kalau hukuman pidana mati ditiadakan.  Memang ada pihak yang pro dan kontra tentang hukuman mati dengan sama-sama mendasari Pancasila, semuanya itu untuk menjadikan Pancasila sebagai “Justification“.

Human rights violations during the COVID-19 pandemic

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mohammed R.M. Elshobake
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Freedom Of Expression ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Content Type ◽  
International Human ◽  
The Right

Purpose The purpose of this paper is to explore the most prominent human rights violations during the COVID-19 pandemic in accordance with international human rights law. Design/methodology/approach Through doctrinal and legal study and content analysis, this paper analyses the important relevant legal provisions under International human rights law and applies these provisions to the reality of managing the COVID-19 crisis to identify the most prominent human rights violations during the COVID-19 outbreak. This research paper considered as a review paper in that it provides a review of the most prominent measures taken during the COVID-19 crisis, which constitutes violations of international human rights law. Findings It is concluded that some measures that have been taken by countries to confront the COVID-19 pandemic have constituted violations of human rights and did not comply with the legal conditions to restrict human rights. Indeed, the COVID-19 pandemic has shown the ugly fractures in health-care systems, health inequities, racism and discrimination, Undermining the right to freedom of expression and the right to access information, gross negligence in protecting detainees from COVID-19 infection, all of these constitute clear violations of the principles of international human rights law. Research limitations/implications The spread of COVID-19 has not stopped, and its effects still continue, including human rights violations. Therefore, this paper cannot enumerate all human rights violations that occur during the spread of COVID-19. Practical implications Based on the results in this paper, governments need to be more prepared to face any health crisis at all levels including health care, which would reduce human rights violations. Social implications This research paper reflects positively on the social reality, as the adoption of its recommendations leads to the provision of adequate health care to all members of society in accordance with the principles of human rights, granting them the right to access information, protecting their right to freedom of expression, reducing the phenomenon of racism and discrimination and providing adequate health care to all detainees. Originality/value This paper studies an up-to-date topic that we are still living and seeing its effects. The benefit of this paper is to provide recommendations that protect human rights during the COVID-19 pandemic.

4. Overriding Objective and Human Rights

2021 ◽  
pp. 32-47
Author(s):  
Stuart Sime
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Freedom Of Expression ◽  
Civil Procedure ◽  
Fair Trial ◽  
Civil Litigation ◽  
European Convention ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Right

This chapter discusses the sources of procedural law, the general principles relevant to civil procedure established by the overriding objective, the European Convention on Human Rights, and some rules on how the courts approach construing the Civil Procedure Rules 1998 (CPR). The CPR and practice directions (PDs) are the procedural rules governing civil proceedings. The most important rule is the ‘overriding objective’ of dealing with claims justly and at proportionate cost. The most important Convention rights in civil litigation are the right to a fair trial, the right to respect for private and family life, and the right to freedom of expression.

States' Procedural Obligations Regarding Private Military and Security Companies' Activities

2017 ◽  
pp. 302-336
Author(s):  
Zafeiris Tsiftzis
Keyword(s):  
Human Rights ◽  
Crucial Role ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Life ◽  
International Human Rights ◽  
Human Rights Abuses ◽  
International Human ◽  
The Right ◽  
Security Companies

A lot of attention has been paid by the international community to the responsibility of Private Military and Security Companies (PMSCs) and to the prevention of human rights abuses committed their employees. The non-binding nature of the existing international initiatives with respect to PMSCs requests the human rights law to play a crucial role to the regulation of PMSCs and their employees during operations. This article examines the States' procedural obligation under international human rights law with regard to allegations of the right to life and the prohibition of torture. Moreover, it assesses the application of the jurisprudence of human rights bodies over the activities of PMSCs, whilst it focuses on the obligations of States to prevent and investigate human rights allegations committed by PMSCs' employees. Above all, this article advocates that human rights law has a significant role in the regulation of PMSCs and the prevention of the commission of human rights violations by PMSCs and their employees.

4. Overriding Objective and Human Rights

2019 ◽  
pp. 32-47
Author(s):  
Stuart Sime
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Freedom Of Expression ◽  
Civil Procedure ◽  
Fair Trial ◽  
Civil Litigation ◽  
European Convention ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Right

This chapter discusses the sources of procedural law, the general principles relevant to civil procedure established by the overriding objective, the European Convention on Human Rights, and some rules on how the courts approach construing the Civil Procedure Rules 1998 (CPR). The CPR and practice directions (PDs) are the procedural rules governing civil proceedings. The most important rule is the ‘overriding objective’ of dealing with claims justly and at proportionate cost. The most important Convention rights in civil litigation are the right to a fair trial, the right to respect for private and family life, and the right to freedom of expression.

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