scholarly journals ‘A Right to Water’ in International Human Rights Law: Flow from Implicit to Explicit Right

2017 ◽  
pp. 156-164
Author(s):  
Swechhya Sangroula
Keyword(s):  
Human Rights ◽  
Primary Source ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Cultural Rights ◽  
Secondary Sources ◽  
Social Council ◽  
Treaty Body ◽  
International Human

The paper relies on doctrinal method of study in determining whether a right to water exists under international human rights law. As primary source, the paper relies on the International Covenant on Economic, Social and Cultural Rights and the products of the ICESCR’s monitoring system: Economic and Social Council (ECOSOC) and particularly the work of the CESCR, which is the subsidiary body of the ECOSOC, tasked with monitoring functions, since 1985. The paper relies on the international interpretation of relevant ICESCRprovisions made by the CESCR as ‘evidence of the meaning and application of the Covenant’.1 The paper also relies on the study of relevant Concluding Observations issued by the CESCR during the course of its monitoring of states’ periodic reports. The primary reason, being, that unlike ICCPR’s Human Rights Committee jurisprudence, the ICESCR has not developed a body of jurisprudence from its treaty body. As secondary sources, scholarly writings and published academic debates have been referred to gauge the contents of the academic debate surrounding the issue.

14. Cultural rights

2017 ◽  
Author(s):  
Julie Ringelheim
Keyword(s):  
Human Rights ◽  
Scientific Progress ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Cultural Rights ◽  
Cultural Life ◽  
Material Interests ◽  
International Human ◽  
The Right

This chapter examines the sources of cultural rights in international human rights law, describes their evolution, and highlights the major debates regarding their interpretation. Specifically, it discusses the content and meaning of the right to take part in cultural life, the right to enjoy the benefits of scientific progress and its applications, and the rights of authors and inventors to the protection of their moral and material interests.

scholarly journals International Human Rights Law and the Response to the covid-19 Pandemic

2020 ◽  
Vol 11 (2) ◽  
pp. 249-269
Author(s):  
Sarah Joseph
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
International Human Rights ◽  
Cultural Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
Civil And Political Rights ◽  
Do So

Abstract States have duties under Article 12(2)(c) of the International Covenant on Economic, Social and Cultural Rights and Article 6 of the International Covenant on Civil and Political Rights to prevent, control and treat covid-19. Implementation of these three obligations is analysed, taking account of countervailing human rights considerations. Regarding prevention, lockdowns designed to stop the spread of the virus are examined. Control measures are then discussed, namely transparency measures, quarantine, testing and tracing. The human rights compatibility of treatment measures, namely the provision of adequate medical and hospital care (or the failure to do so), are then examined. Finally, derogations from human rights treaties in times of pubic emergency are discussed.

Scholarly Perspectives

2013 ◽  
Author(s):  
Emilie M. Hafner-Burton
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
Social Scientists ◽  
International Human Rights ◽  
Cultural Rights ◽  
System P ◽  
International Human ◽  
Second Category

This chapter reviews scholarly research on international human rights law, focusing on systematic studies that are based on historical statistics and carried out by social scientists. The systematic, scholarly study of international human rights law can be grouped into two main categories. First are studies on the process of international law, such as on how judges in human rights tribunals make decisions. Second are studies that look for relationships between the presence of law (and laws of different types) and actual changes in human behavior. The chapter concentrates on the second category of research and highlights its main weaknesses. It also discusses some of the findings of statistical research regarding civil and political rights as well as economic, social, and cultural rights. Finally, it examines the mechanisms of influence of the international human rights legal system.

Genital Autonomy, Children’s Rights, and Competing Rights Claims in International Human Rights Law

2012 ◽  
Vol 20 (4) ◽  
pp. 554-583 ◽  
Author(s):  
Debra L. DeLaet
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
Cultural Rights ◽  
Age Of Consent ◽  
Non Governmental Organizations ◽  
Genital Cutting ◽  
International Human

Claims that genital autonomy should be considered a human right call into question medically unnecessary genital alterations, including genital cutting of both boy and girl children, the forced or coerced circumcision of adults, and surgical alterations performed on the genitals of intersex children prior to the age of consent. To date, global norms suggest only a narrow applicability of any right to genital autonomy. International organizations, states, and non-governmental organizations increasingly condemn genital cutting of girls and women but generally tolerate both the genital cutting of boys and men and the surgical alteration of the genitals of intersex children. In examining assertions that genital autonomy should be considered a human right, the article considers competing rights claims, including religious and cultural rights, parental rights, and contending perspectives on health rights. Ultimately, this article highlights the limitations of international human rights law as a tool for promoting a right to genital autonomy.

7 The Emergence of International Human Rights Law (1969)

2020 ◽  
Author(s):  
Pace John P
Keyword(s):  
Human Rights ◽  
Migrant Workers ◽  
Vulnerable Groups ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Basic Principles ◽  
Persons With Disabilities ◽  
Treaty Body ◽  
International Human

This chapter addresses the emergence of International Human Rights Law. International Human Rights Law consists of international norms set out in instruments adopted over the years. These consist of binding instruments, which carry obligations (such as ‘covenant’, ‘convention’ and ‘protocol’) and non-binding instruments (such as ‘declaration’, ‘guiding principles’, ‘basic principles’ and ‘standard minimum rules’, also described as ‘soft’ law). They are all related, directly or indirectly, to the rights in the International Bill of Human Rights, which may be considered as the substantive canopy of International Human Rights Law. As the International Bill of Human Rights was reaching completion in the mid-1960s, a process developed that complemented the International Bill with conventions on specific rights, protecting (vulnerable) groups, such as the child, women, persons with disabilities and migrant workers, and conventions protecting against the violation of specific rights, such as freedom from racial discrimination, freedom from torture and from involuntary disappearance. The conventions which envisage a system by which an expert body (treaty body) monitors the implementation by States Parties of their treaty obligations came to be referred to as ‘core’ conventions. The chapter also looks at non-core conventions, as well as declarations and other norms.

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