Article 9: The Right Not to Be Separated from Parents

The Travaux Préparatoires insist upon the close nexus between Articles 9, 10, and 11 along with the several other provisions of the UNCRC that protect the close bond between child and parent. This chapter analyses the content of Article 9 in relation to the general principles of Child rights, related provisions in other international human rights treaties and materials, and sets out four main attributes of the right, as a child, to not be separated from one’s parents against one’s will. These four attributes are: (1) no separation from parents unless necessary for the child’s best interests; (2) no separation from one’s parents without due process before competent authorities; (3) the right to maintain relations and personal contact with both parents, if separated; and (4) the right to be informed of the whereabouts of one’s parent or child, if detained.

The ‘Infodemic’: Is International Law Ready to Combat Fake News in the Age of Information Disorder?

This article considers the readiness of international law to protect States from information operations that are launched as the means of disrupting government response to the spread of infectious diseases, such as COVID-19. It examines both the external- and internal-facing dynamics for international regulation of misinformation, with the focus on the principle of non-intervention as an external regulation of misinformation under general international law and freedom of expression guaranteed under human rights treaties for internal regulation.

Should Autists Have Cultural Rights?

While several scholars have argued that the rise of the internet has allowed an autistic culture to emerge over the past two decades, the question of whether people with autism or, as some members of this group refer to themselves, ‘autists’, are legally entitled to their own cultural rights has not been investigated. This article fills part of this lacuna by considering whether such entitlements exist from the perspective of human rights law. I start by showing that, insofar as (some) autists have their own culture(s), they are likely to be entitled to cultural rights under existing human rights treaties, before arguing that the absence of evidence that their beliefs, values, and behaviors are significantly shaped by distinct social norms renders it unclear whether they do in fact have their own culture(s). However, I end by arguing that, in terms of autists’ entitlements from a human rights perspective, little seems to depend on this.

The repercussion of the Convention on the Rights of Persons with Disabilities in Brazilian courts

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) was the first treaty to be incorporated as a Constitutional law, according to the determination of the Brazilian Constitution for human rights treaties. In addition, the Optional Protocol was also promulgated, recognizing the competence of the Committee on the Rights of Persons with Disabilities to supervise the application of the treaty in Brazil. This study aims to analyze the impact of the Committee and Convention in Brazilian courts, specifically in the courts that have jurisdiction to rule on cases based on treaties, that is, the Federal Justice. An extensive survey of judicial decisions was carried out in order to verify whether the protections of the treaty are applied. This research focus on the efforts to ensure the rights of persons with disabilities on the Brazilian legal system, based on the commitment to international cooperation to guarantee and promote the rights and principles announced in the CRPD, particularly regarding the social model of disability, which is the main protective concept used in the treaty.

Interventionist or internationalist? Coercion, self-determination, and humanitarianism in Third World practice

This article argues that contemporary debates around intervention, and especially humanitarian intervention, have misunderstood the meaning of these concepts in Cold War international society. By comparing a specific kind of humanitarian interventionism with a specific kind of internationalism, that of a revolutionist strain of Third World practice, it shows that existing studies have paid too little attention to discursive entanglements of coercion, self-determination, and humanitarianism. The Angola case provides a significant illustration: in 1975 the problem of intervention comes to be tied not just to dictatorial interference, but to a logic of self-determination, which is itself tied to causes of anticolonialism and anti-racism. It is too easy to say that the period’s rules of non-intervention precluded the legitimate coercive prevention of atrocities and related international crimes. Particular practices of internationalism, linked to the promotion of self-determination, provided a basis for enforcing international human rights treaties, including the Genocide Convention. All this seems very different from what we usually know of the legitimacy of saving strangers and the character of Third World organising in the mid-20th century.

Copyright, Human Rights, and the Social Function of Property in Brazil

This chapter discusses copyright dynamics under the Brazilian Federal Constitution, which positions human rights at the core of the entire legal system, opening the law to the influence of new international human rights treaties. The protection of property rights, as well as the obligation to fulfil property's social function, are inscribed within such rights, establishing a dynamic between individual and collective interests in proprietary institutions. In this context, how is the constitutional copyright system to be understood and applied in the courts of Brazil? How do proprietary and non-proprietary, economic and social, individual and collective interests, arguments and rationales relate to one another in shaping copyright protection under the Brazilian Constitution? The chapter addresses these questions with a particular focus on two key issues that have recently been faced: the regulation of collective management and the interpretation of limitations. After an explanation of the legal structure supporting copyright in Brazil and a description of the process of constitutionalisation of private law in general, the chapter examines both key issues, with reference to relevant leading cases in the highest courts in Brazil.

Olympic rule 50

In the Tokyo Olympics, Raven Saunders, Bao Shanju and Zhong Tianshi were questioned by the IOC and got warnings due to their “performance of political demonstration” at the Olympic podium. We saw something similar during the 2012 London Olympic Summer Games when an indigenous boxer of Australia, Damien Hooper, was nearly disqualified from the Olympic competition for entering the ring wearing the Aboriginal flag shirt of Australia. The Olympics has had a history of maintaining a hypocritical form of political neutrality over the years. The Olympic Charter talks about sport being an essential medium in advancing the human rights of various individuals from different countries. However, it also chooses to stay neutral and gives preference to host nations. “Freedom of opinion and expression”, is a fundamental right enshrined in core international and regional human rights treaties and national laws. But it is also to be taken note that this freedom is restricted due to the “legitimate aims” of these treaties and laws. The Olympic Charter has followed suit and enacted a certain rule that prevents athletes from making demonstrations at the Olympic sites under the threat of disciplinary sanctions.

Defiance and Compliance: Australia and the United Nations Convention Relating to the Status of Refugees

<p>An analysis of Australia’s level of compliance with the United Nations Convention Relating to the Status of Refugees (the Convention) according to theories of compliance, suggests that no single compliance theory can adequately explain both instances of violation and instances of compliance. Much of Australia’s violation of the Convention, and subsequently other international human rights treaties, stems from more recent legislative changes though Australia’s offshore processing initiatives. Collectively theories of compliance are useful for identifying the driving factors which govern Australia’s handling of international obligations under the Convention. Liberal compliance theory indicates civil society and non-state actors are the most influential drivers ensuring the state is held accountable for upholding its obligations and responsibilities. Constructivist compliance theory suggests the greatest pull towards non-compliance is Australia’s notion of national identity which has influenced discriminatory policies throughout its history. National identity remains an influential driver as evidenced by current politicisation of discussion surrounding refugees and asylum seekers in Australia and subsequent legislative agendas.</p>

Defiance and Compliance: Australia and the United Nations Convention Relating to the Status of Refugees

<p>An analysis of Australia’s level of compliance with the United Nations Convention Relating to the Status of Refugees (the Convention) according to theories of compliance, suggests that no single compliance theory can adequately explain both instances of violation and instances of compliance. Much of Australia’s violation of the Convention, and subsequently other international human rights treaties, stems from more recent legislative changes though Australia’s offshore processing initiatives. Collectively theories of compliance are useful for identifying the driving factors which govern Australia’s handling of international obligations under the Convention. Liberal compliance theory indicates civil society and non-state actors are the most influential drivers ensuring the state is held accountable for upholding its obligations and responsibilities. Constructivist compliance theory suggests the greatest pull towards non-compliance is Australia’s notion of national identity which has influenced discriminatory policies throughout its history. National identity remains an influential driver as evidenced by current politicisation of discussion surrounding refugees and asylum seekers in Australia and subsequent legislative agendas.</p>

Ensuring the Rights of Women Migrant Workers – Analysis and Practice from Viet Nam

Women migrant workers, who make up almost half of the migrant population in Vietnam, have been seeking employment opportunities in order to strengthen their standing both economically and socially. Nevertheless, women migrant workers are exposed to more risks and human rights violations than their male counterparts owing to their binary susceptibility as migrants and women. Compounding this, the existing international (human rights) treaties have yet to afford sufficient legal protection to them. Coming from a third world nation, Vietnamese female migrant workers face a multitude of risks arising from their status. Given the risks that they face, further actions by the Vietnamese Government to comprehensively address the problems related to the protection of migrant workers’ rights are needed. Cooperation amongst States in establishing a dialogue and reaching solutions to effectively tackle issues related to women migrant workers is essential.