A.S. v. Hungary: A Case-Study in Adjudicating Reproductive Health Claims and the Challenges posed by Interpreting Existent Human Rights Treaties

2014 ◽  
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Health Claims ◽  
Human Rights Treaties

scholarly journals Utilising the International Human Rights Framework to Access the Benefits of Paediatric Research in The covid Era: A Wales Case Study

2021 ◽  
Vol 29 (2) ◽  
pp. 326-352
Author(s):  
Rhian Croke ◽  
Rhian Thomas Turner ◽  
Phillip Connor ◽  
Martin Edwards
Keyword(s):  
Human Rights ◽  
Health Professionals ◽  
Children's Rights ◽  
Children’S Rights ◽  
Paediatric Research ◽  
International Human Rights ◽  
Rights Of The Child ◽  
Human Rights Treaties ◽  
International Human

Abstract This article uses Wales as a case study to discuss the challenges to accessing the benefits of paediatric research before and during the covid-19 pandemic. Due to the rapidly changing political and legislative landscape, it is critical that health professionals working for the benefit of children can utilise international human rights treaties and the most relevant General Comments that offer a bridge between legalistic provisions and practice. Additionally, it is vital for health professionals to interpret and understand domestic children’s rights legislation, including tools for implementation for realising children’s rights. This article shares learning from the Children’s Hospital for Wales, Children and Young Adult Research Unit’s endeavour to challenge the Welsh Government to pay due regard to the rights of the child in ensuring children can access the benefits of paediatric research; including research concerning children’s role in infection and transmission, during the pandemic.

scholarly journals The Transfer of Asylum Seekers in Australia to Third Countries: A Case Study of Sovereignty versus International Law

2013 ◽  
pp. 187-196
Author(s):  
Hugh S. Tuckfield
Keyword(s):  
Human Rights ◽  
International Law ◽  
Asylum Seekers ◽  
Refugee Convention ◽  
Refugee Law ◽  
Human Rights Treaties ◽  
International Obligations ◽  
The Cost ◽  
International Conventions

Asylum is an issue equally central to refugee law and human rights. Generally, they are protected under the 1951 Refugee Convention, but asylum cases are largely state regulated affair, subject to state legislations, policies and guidelines, which certainly do not preclude the applicability of international obligations directing the conduct of state towards the asylum seekers, which emanate from the recognized international human rights principles such as right to seek asylum and right against refoulement and right not to be arbitrarily detained. Contracting parties to international conventions such as the 1951 Refugee Convention, ICCPR, ISESCR, CAT, CRC, CEDAW and CERD among others acquire the responsibility to respect, protect and fulfill the obligations adducible in treatment of asylum seekers. In this regard, Australia was one of the earliest state parties to the 1951 Refugee Convention and is also a party to the relevant human rights treaties. However, it is determined to adhere to its conventional understanding of sovereignty and nationalism, at the cost of comprising the minimum protection of the rights of those who seek asylum in it.

International interventions

2018 ◽  
pp. 69-86
Author(s):  
Fiona Bloomer ◽  
Claire Pierson ◽  
Sylvia Estrada Claudio
Keyword(s):  
Reproductive Health ◽  
The Philippines ◽  
Reproductive Health Services ◽  
Human Rights Treaties ◽  
The Us ◽  
Post Abortion ◽  
The Impact ◽  
Access To Contraception

International organisations play a role in challenging restricted access to abortion in national contexts. This chapter considers the use of human rights treaties and an analysis of how access to reproductive health is impacted in situations of conflict and humanitarian crisis. The role of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), is considered with reference to the case study of the Philippines. This case study illustrates how access to contraception provided a driver for legal action in a setting where access to abortion was severely restricted and how a post abortion care policy has provided an alternative way to deal with unsafe abortion. The impact of the Global Gag rule, which has restricted funding from the US to those working on reproductive health around the world, is explored. The case study of the IPPF organisation and its work on humanitarian issues provides insight into the challenges faced in providing reproductive health services in settings where resources are extremely limited.

Reservations to Human Rights Treaties: A Case Study on the Practice of Czechoslovakia and Its Successor States

2014 ◽  
Vol 16 (3) ◽  
pp. 371-398 ◽  
Author(s):  
Vladimír Týč ◽  
Linda Janků ◽  
Katarína Šipulová
Keyword(s):  
Human Rights ◽  
Czech Republic ◽  
International Human Rights ◽  
The Czech Republic ◽  
Depth Analysis ◽  
Human Rights Treaties ◽  
Standard Component ◽  
International Human ◽  
Human Rights Norms

Conformity with human rights norms is currently a standard component of democratic states’ policies. However, this conformity is reflected not only in domestic binding catalogues of human rights embodied in constitutions, but also in the continuous rise of international control and treaty commitments. States are widely expected to commit to and ratify international human rights documents. Nevertheless, a great deal of the research on state commitments disregards the effects and changes which might be brought upon these ratifications by the submission of reservations. This article proposes an in-depth analysis of state commitments and the practice of submitting reservations in two case studies: the Czech Republic and Slovakia, together with their common predecessor, communist (and, briefly, democratic) Czechoslovakia, and maps the way these regimes, in their different stages of transitional development, worked with reservations. This contribution has been elaborated within the framework of the project „International Human Rights Obligations of the Czech Republic: Trends, Practice, Causes and Consequences“, GA13-27956S, supported by the Czech Science Foundation GAČR.

scholarly journals Using Human Rights Treaties to Resolve Ambiguity: the Advent of A Rights-Conscious Charming Betsy Canon

2007 ◽  
Vol 38 (2) ◽  
pp. 237
Author(s):  
Melissa A Waters
Keyword(s):  
Human Rights ◽  
The United States ◽  
International Human Rights Law ◽  
International Human Rights ◽  
High Court ◽  
Human Rights Treaties ◽  
International Human ◽  
Human Rights Norms

This article considers the role of international human rights law in the domestic context, and examines in particular the use of what the author calls a "rights-conscious Charming Betsy canon", whereby judges in New Zealand, Canada, the United States and Australia have interpreted statutory provisions (focusing on the case study of immigration law) so as to be consistent with international human rights norms. The author also considers the more radical use of the canon, proposed in particular by the High Court of Australia's Justice Kirby, which proposes that even constitutional texts may be interpreted to be consistent with international law, and discusses the threat this poses to traditional common law dualism.

A Lifeline in Time – Non-retroactivity and Continuing Violations under the ECHR

2006 ◽  
Vol 75 (1) ◽  
pp. 63-88 ◽  
Author(s):  
Antoine Buyse
Keyword(s):  
Human Rights ◽  
International Law ◽  
General Public ◽  
European Convention ◽  
International Level ◽  
Public International Law ◽  
Protective Shield ◽  
Human Rights Treaties ◽  
Frequent Problem

AbstractThe protective shield of a human rights treaty in principle only works once it has entered into force. But what about the frequent problem of human rights violations that occurred or started before that time; can one complain about those on the international level? In other words, what are the limitations of the ratione temporis jurisdiction of supervisory human rights mechanisms? This article explores this question in the context of general public international law through a case study of the European Convention on Human Rights. It argues that the European case law's variations on principles of international law can be explained by the special nature of human rights treaties.

Ensuring Reproductive Rights of Women in Nepal: Law and Praxis

2020 ◽  
Vol 4 (1) ◽  
pp. 41-62
Author(s):  
D. N. Parajuli
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Health Services ◽  
Reproductive Rights ◽  
School Curriculum ◽  
Fundamental Rights ◽  
Reproductive Health Services ◽  
Women And Girls ◽  
The Right ◽  
Health Rights

 Reproductive rights are fundamental rights and freedoms relating to reproduction and reproductive health that vary amongst countries around the world, but have a commonality about the protection, preservation and promotion of a woman‘s reproductive health rights. Reproductive rights include the right to autonomy and self-determination , the right of everyone to make free and informed decisions and have full control over their body, sexuality, health, relationships, and if, when and with whom to partner, marry and have children , without any form of discrimination, stigma, coercion or violence. The access and availability of reproductive health services are limited due to geography and other issues, non-availability and refusal of reproductive health services may lead to serious consequences. The State need to ensure accessibility, availability, safe and quality reproductive health services and address the lifecycle needs of women and girls and provide access of every young women and girls to comprehensive sexuality education based on their evolving capacity as their human rights, through its inclusion and proper implementation in school curriculum, community-based awareness program and youth led mass media. It is necessary for strengthening compliance, in a time-bound manner, with international human rights standards that Nepal has ratified that protect, promote, and fulfill the basic human rights and reproductive health rights in Nepal and also need to review standards and conventions that Nepal has had reservations about or those that have been poorly implemented in the country.

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