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Human Rights Law (human + rights_law)

Distribution by Scientific Domains

Law and Criminology	50%

Kinds of Human Rights Law

international human rights law

Selected Abstracts

THE DEATH PENALTY FOR DRUGS IS A VIOLATION OF INTERNATIONAL HUMAN RIGHTS LAW; EFFICACY,WHETHER REAL OR IMAGINED,PROVIDES NO EXCUSE

ADDICTION, Issue 12 2009
RICK LINES
No abstract is available for this article. [source]

Resolving Interpretive Conflicts in International Human Rights Law,

THE JOURNAL OF POLITICAL PHILOSOPHY, Issue 1 2005
Kristen Hessler
First page of article [source]

Responsibility Beyond Borders: State Responsibility for Extraterritorial Violations by Corporations of International Human Rights Law

THE MODERN LAW REVIEW, Issue 4 2007
Robert McCorquodale
States routinely provide support and assistance to their corporate nationals in their global trade and investment ventures. While states may not intend to allow corporate nationals to violate human rights in their extraterritorial operations, by their actions or omissions, states may facilitate, or otherwise contribute to, a situation in which such violations by a corporation occur. This article investigates the extent to which the extraterritorial activities of transnational corporations (TNCs) that violate international human rights law can give rise to home state responsibility. The analysis shows that home states of TNCs have obligations under international law in certain situations to regulate the extraterritorial activities of corporate nationals or the latter's foreign subsidiaries and can incur international responsibility where they fail to do so. [source]

Constitutional responses to extremist political associations ,ETA, Batasuna and democratic norms

LEGAL STUDIES, Issue 1 2008
Ian Cram
Systems of representative democracy require that the electorate be given at regular intervals the opportunity to replace the party in government with a rival political association. In this context, the right of individuals to freedom of association permits the formation of competitor parties and prevents forms of state intervention that might otherwise privilege existing office holders and their political programmes. It follows then that restrictions on the right to political association are deserving of particularly close scrutiny. At the same time, liberal democratic constitutions usually insist that participants in electoral process manifest a level of commitment to core liberal democratic norms (such as the rule of law, toleration, the equal worth of each individual and the peaceful resolution of grievances). In the case of intolerant, extremist parties that would reject some/most of these norms, the state may invoke a range of defensive measures up to and including proscription in order to safeguard democracy. This paper takes as its focus the constitutional issues raised by the banning in Spain of Batasuna , the political wing of ETA. A legal challenge to the ban is currently before the European Court of Human Rights. Making reference to work of John Rawls, this paper considers whether the ban on Batasuna is justifiable in terms of liberal political theory, before analysing the extent to which proscription conforms to international human rights law and European Court of Human Rights jurisprudence. [source]

Responsibility Beyond Borders: State Responsibility for Extraterritorial Violations by Corporations of International Human Rights Law

"It's doom alone that counts": can international human rights law be an effective source of rights in correctional conditions litigation?,

BEHAVIORAL SCIENCES & THE LAW, Issue 5 2009
Michael L. Perlin J.D.
Over the past three decades, the U.S. judiciary has grown increasingly less receptive to claims by convicted felons as to the conditions of their confinement while in prison. Although courts have not articulated a return to the "hands off" policy of the 1950s, it is clear that it has become significantly more difficult for prisoners to prevail in constitutional correctional litigation. The passage and aggressive implementation of the Prison Litigation Reform Act has been a powerful disincentive to such litigation in many areas of prisoners' rights law. From the perspective of the prisoner, the legal landscape is more hopeful in matters that relate to mental health care and treatment. Here, in spite of a general trend toward more stringent applications of standards of proof and a reluctance to order sweeping, intrusive remedies, some courts have aggressively protected prisoners' rights to be free from "deliberate indifference" to serious medical needs, and to be free from excessive force on the part of prison officials. A mostly hidden undercurrent in some prisoners' rights litigation has been the effort on the part of some plaintiffs' lawyers to look to international human rights doctrines as a potential source of rights, an effort that has met with some modest success. It receives support by the inclination of other courts to turn to international human rights conventions,even in nations where such conventions have not been ratified,as a kind of "best practice" in the area. The recent publication and subsequent ratification (though not, as of yet, by the United States) of the UN Convention on the Rights of Persons with Disabilities (CRPD) may add new support to those using international human rights documents as a basis for litigating prisoners' rights claims. To the best of our knowledge, there has, as of yet, been no scholarly literature on the question of the implications of the CRPD on the state of prisoners' rights law in a U.S. domestic context. In this article, we raise this question, and offer some tentative conclusions. Copyright © 2009 John Wiley & Sons, Ltd. [source]