scholarly journals LEGAL FRAMEWORK FOR THE PROTECTION OF CHILD RIGHTS IN NIGERIA

2015 ◽  
Vol 9 (3) ◽  
pp. 46-52
Author(s):  
Tajudeen Ibraheem
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Minority Group ◽  
Well Being ◽  
Legal Framework ◽  
Human Rights Law ◽  
Child Rights ◽  
To Come

As far as human rights law is concerned, children constitute a minority group. They are by their nature very vulnerable and thus merit special laws to cater for their needs as the well-being of generations to come depend on how well children are raised today. The writer takes a look at the Nigerian legal system as it relates to children. It examines the UN CRC and the Nigerian CRA 2003.

Judicial navigation as official law meets culture in Turkey

2008 ◽  
Vol 4 (1) ◽  
pp. 35-61 ◽  
Author(s):  
Esin Örücü
Keyword(s):  
European Union ◽  
Human Rights ◽  
Conceptual Framework ◽  
Legal System ◽  
Union Membership ◽  
Legal Framework ◽  
Traditional Values ◽  
Human Rights Law ◽  
The People

This article aims to assess the work of the courts as navigators when law meets culture in Turkey, where the culture of the official legal system and the culture of the people do not always accord. First the conceptual framework used is analysed, then readers are introduced to the peculiarities of Turkish law and socioculture, and finally, the work of the judge is considered. Selected cases are in three groups: cases where courts face culture contrary to the vision embodied in the official legal framework; then, where courts face culture which can be catered for within the legal framework, though not in keeping with it, and now need revision because of the aspired European Union membership; and finally, where courts face demands of further Europeanisation and human rights law from the outside, which may or may not fit in the framework or the traditional values of the people.

“The System Only Dreams in Total Darkness”: The Future of Human Rights Law in the Light of Algorithmic Authority

2018 ◽  
Vol 60 (1) ◽  
pp. 71-90
Author(s):  
Helmut Philipp Aust
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Political Process ◽  
Human Agency ◽  
Legal Framework ◽  
Machine Learning Algorithms ◽  
Communication Process ◽  
Human Rights Law ◽  
Decision Making Processes ◽  
To Come

The increasing use of big data and machine learning algorithms raises several legal issues. Automated decision-making potentially undermines the very concept of human agency which is central to human rights law. Human agency enables a communication process between those bound by human rights and the rights-holders. To the extent that decision-making processes become fully automatic and autonomous, a form of algorithmic authority would arise. While human rights law is not silent with respect to such processes, doctrinal attempts to come to terms with this development are not very promising. Instead, a political process is required in order to establish a legal framework for the exercise of algorithmic authority.

Protecting Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Natural Resources ◽  
Environmental Law ◽  
Legal Framework ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Conservation Of Natural Resources ◽  
The Relationship ◽  
Do So

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.

scholarly journals Freedom of Expression in Malaysia: Compatibility with the International Human Rights Standard

BESTUUR ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 44
Author(s):  
Saidah Fasihah Binti Che Yussoff ◽  
Rohaida Nordin
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Legal Framework ◽  
International Standards ◽  
Freedom Of Information ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
International Human

<p>Malaysia is likely to introduce new laws on freedom of information. However, the important questions are whether the said laws are effective and will have enough bite with the public looking forward to opening government policy. Freedom of information has developed under international human rights law as the right to freedom of expression, including the freedom to seek, receive and impart knowledge and ideas through media, regardless of any frontier. This paper aims to examine freedom of expression under the international realm, scrutinize the said freedom in the Malaysian legal framework, and discuss the proposed enactment of freedom of information laws in Malaysia in conformity with international human rights law. This research uses the qualitative research method. This paper concludes that freedom of information in Malaysia is severely impeded by the enforcement of the Official Secret Act. This paper calls for the repeal or amendment to the Act in conformity with international standards.  </p><p><strong>Keywords</strong><strong>:</strong> Expression; Freedom; Expression; Human Right.</p>

scholarly journals Dilemmas about the scope of the Act on Prevention of Domestic Violence from a human rights perspective

2020 ◽  
Vol 66 (4/2019) ◽  
pp. 193-206
Author(s):  
Darko Simović
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Legal System ◽  
Legal Framework ◽  
The Other ◽  
Effective Prevention ◽  
Other Hand ◽  
International Obligations ◽  
The Republic ◽  
The One

The adoption of the Act on Prevention of Domestic Violence was driven by the creation of a more effective legal framework for the protection of victims of domestic violence, and, therefore, also by the alignment of the legal system of the Republic of Serbia with international obligations. The main novelties include multi-sectoral cooperation and primarily preventive nature of the law. However, from its very adoption, it has been pointed to its noticeably repressive character, as well as to provisions with potentially harmful impacts. Hence, this paper represents a contribution to the discussion on the importance and scope of the solutions provided for in the Act on Prevention of Domestic Violence. On the one hand, it points to major novelties intended to contribute to a more effective prevention of domestic violence. On the other hand, it questions the constitutionality and appropriateness of some of the legal solutions, arguing that, in particular respects, the lawmaker had to use a wiser and more subtle approach to conceptualising the provisions of this law.

8. Human rights in the postwar period

2021 ◽  
pp. 169-191
Author(s):  
Nicole Scicluna
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Legal Principles ◽  
Law And Politics ◽  
Late Twentieth ◽  
International Human ◽  
Late Twentieth Century

This chapter focuses on human rights, a perfect topic through which to study the interaction between law and politics in international relations. The topic of human rights offers a microcosm of the clashes and contradictions between realism and idealism, legal principles and political expediencies, state and non-state actors, and collective and individual rights, which characterize international order. The chapter defines human rights and outlines their international legal framework. The chapter then traces the postwar evolution of international human rights law (IHRL). It explains how, by the late twentieth century, the concept of human rights had captured the global imagination. It also explores the international political context in which the rise of human rights took place, including decolonization and the explosion in rights-based civil society activism in the 1970s. Finally, the chapter analyses the efficacy of IHRL in a world of sovereign states, before assessing the cultural relativist critique of human rights, which challenges their claim to universality, often from the perspective of postcolonial societies.

Child Rights and the Movement from Status to Agency: Human Rights and the Removal of the Legal Disabilities of Vulnerability

2015 ◽  
Vol 84 (2) ◽  
pp. 183-220
Author(s):  
Sevda Clark
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Status ◽  
Human Rights Law ◽  
Child Rights ◽  
Sociological Approach ◽  
Legal Ideology ◽  
Recent Developments ◽  
The Common ◽  
Universal Norm

Using ideology as heuristic, a legal sociological approach is employed to critically evaluate a child’s legal status and its evolution since the eighteenth century. Four principal phases are identified: (1) legal ideology of individualism in the common law tradition; (2) movement from status to contract; (3) movement from status to rights; and (4) movement from status to agency. To strengthen legal agency both status and capacity are addressed. In the fourth phase, legal status has evolved in ways capable of facilitating children’s legal agency; it has evolved from being static to being dynamic, and is now determined by reference to public international law, rather than territorially. This article advances a universal norm of legal capacity to sue for violations of human rights, which is derived from the recent developments in human rights law. In the evolution of children’s rights we are presently witnessing the movement from status to agency.

The Oxford Handbook of International Human Rights Law

2013 ◽  
Keyword(s):  
Human Rights ◽  
International Institutions ◽  
Well Being ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
History Of ◽  
Structural Principles ◽  
International Human ◽  
Cultural Origins

This volume explores the principle and history of international human rights law. It addresses questions regarding the sources of human rights, its historical and cultural origins and its universality. It evaluates the effectiveness of procedures and international institutions in enforcing and ensuring compliance with human rights. This volume investigates the underlying structural principles that bind together the internationally-guaranteed rights and provide criteria for the emergence of new rights. It also evaluates whether the international human rights project has made a difference in the lives and well-being of individuals and groups around the world.

scholarly journals Anonymous birth versus child's right to identity

Pravni zapisi ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 443-463
Author(s):  
Tamara Mladenović
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Biological Origin ◽  
Child Rights ◽  
Rights Of The Child ◽  
Anonymous Birth ◽  
European Court ◽  
National Legal System ◽  
Conflicting Interests ◽  
The Right

The right to identity of the child, internationally recognized by the UN Convention on the Rights of the Child, is one of the most important in the corpus of child rights. Its structure is complex since it includes several narrower rights. Nevertheless, the situations where it comes to restriction of the right to identity are not negligible. One of them is the right to anonymous birth, the possibility acknowledged by legislators in a certain number of European countries. Conflicting interests between a mother and a child are inevitable consequence of the anonymous birth. The aim of this article is to compare the right to identity of a child and the mother's right to anonymous birth as insurmountable barrier in determining biological origin. Special attention is paid to the possibility of establishing an adequate balance between their interests, by comparing the importance that national legal system offers to each of them, with appropriate arguments, several different models of motherhood regulations are presented and can be found in European legislations. The analysis also includes the stances of international bodies, especially the European Court of Human Rights.

scholarly journals Prolonged occupation: An analysis of obligations of the occupying powers in an occupied territory and contemporary challenges

2021 ◽  
Vol 2 (1) ◽  
pp. 24-37
Author(s):  
Sardar M. A. W. K. Arif
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Legal Aspects ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Treaties ◽  
Occupied Territory ◽  
The Subject

The International Law of Occupation (ILOC) regulates all kinds of occupation. However, the other bodies of law, such as, International Humanitarian Law (IHL) and International Human Rights Law (IHRL) also apply in times of occupation. These bodies of law create obligations especially on states and in particular, on the occupying powers. The presumption is that occupations are temporary in nature but why prolonged occupations? In this context, this article focuses on legal aspects of belligerent prolonged occupation. It evaluates the international legal framework and sources of belligerent prolonged occupation. While protection of civilians is central to the bulk of texts of international treaties and the occupiers have obligations, it investigates into obligations of the occupying powers in occupied territory by analysing the existing legal framework under IHL and IHRL. Further, it also discusses the provisions of ILOC. The argument developed throughout this article is that the occupying powers are under humanitarian and human rights obligations to guarantee the best possible protection of rights of occupied people in the case of prolonged occupation in particular and adding on that IHL and IHRL apply in complementarity in situations of prolonged occupation. For the purpose of this article, qualitative method is followed, and existing literature on the subject has been analysed. 

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