Search results for " Human Rights Law"

Il Mare di mezzo: storie di naviganti, di lotta per il diritto e di luci nel buio della frontiera

2022

This paper analyses the way in which, and the reasons why, the Mediterranean Sea, from being a limes between lands, has become the frontier we know today: the space of an emblematic struggle for law and rights, which contrasts the policies of governments with the forced movements of people in migration and with civil society organizations that try to promote and protect fundamental rights. In this context, the direct experience of some search and rescue missions in the Mediterranean Sea has been used to highlight the extent of this conflict with respect to the violation of the national and domestic legal frameworks carried out by the European states, Italy in the lead, also through the invo…

Human Rights and the Inclusive Society

2012

Chapter 3 approaches disability as a reality that may impede the universality of human rights given that the rights of the group in question are “systematically violated”. To achieve an inclusive society in which everyone’s rights are implement, it is necessary to start with an adequate definition of the problem, referring to these individuals as “people with different capacities”, recognizing the place this difference has in society, and the role the State plays in the integration of this difference. To do this, their social visibility needs to be promoted as well as their accessibility to all spheres of social life, guaranteeing their participation in the labour and political fields, over…

Rights with limits: biocultural rights - between self-determination and conservation of the environment

2015

Kabir Bavikatte has recently argued that a new 'basket' of group rights is emerging from the interpretation of multilateral environmental agreements, domestic law and case law, and from shifts in the development discourse and the struggles of communities. He refers to this new set of rights as 'biocultural rights' and defines them as being all the rights of indigenous peoples and local communities required to secure their stewardship role over their lands and waters. Biocultural rights build on two foundations: the self-determination and cultural diversity of indigenous peoples and local communities, and the conservation of the environment. This article suggests that the second foundation i…

The competence of the European Union to conclude international human rights treaties

2023

In this teaching material, I talk about the capacity of the European Union to conclude international human rights treaties. 1. Historical development; 2. The European Union's capacity to conclude international human rights treaties; 3. Explicit competences of the European Union; 4. Implicit competences; 5. Express provision in a binding EU legal act; 6. Where it is likely to affect common rules or alter their scope

Human rights from the Charter of the United Nations onwards

2023

In this teaching material, I talk about the evolution of human rights since the United Nations Charter. 1. Mentions of human rights in the United Nations Charter; 2. First gap: there was no list of human rights; 3. Second gap: lack of enforcement mechanisms.

Lethal Autonomous Weapons Systems in International Humanitarian Law and Human Rights Law

Civil society participation in international decision making: recent developments and future perspectives in the indigenous rights arena

2012

This article focuses on key issues and recent developments concerning indigenous peoples' involvement in international decision making affecting their rights and interests. Based on a human rights-based approach to participation, it suggests that while a number of positive steps have been taken to allow indigenous peoples the possibility to take part to, and influence, relevant intergovernmental decision-making processes, there's a need to provide their own self-governing institutions and organisations with a more influential status than that granted to civil society organisations (CSOs) generally, whereby they can exercise different levels of participatory rights, depending upon the nature…

Introduction: Definition and Legal Sources

2019

The aim of the contribution is to define the concept of international military operations to which the rules of humanitarian law apply. The work also offers a definition of the sending state and the host state of these operations. It also identifies the normative sources governing these phenomena: from international humanitarian law ("ius in bello") to human rights law, UN standards, the agreements on the status of the forces deployed, but also internal legal systems.

Public Discourse on Human Trafficking in International Issue Arenas

2015

Abstract. The purpose of this study is to better understand how the complex problem of human trafficking is addressed in international debates. How the discussion about human trafficking develops and how it is debated ultimately influences how the decision-making process unfolds. In order to understand the formation of public policy and laws, therefore, it is important to study the debate that occurs prior to decision making. This analysis focuses on the narratives used by major, well-established human rights and political actors that argue for necessary actions to be undertaken — such as the formation of new policies and laws in the European Union — as an attempt to protect citizens of the…

The Human Right to Social Security and Its Impact on Socio-Political Action in Germany and Finland

2017

Social human rights have rarely been given attention in social work research or comparative studies on welfare states. The paper aims at filling the gap by analysing the conception of human beings inherent in human rights and in unemployment policy documents in Germany and Finland. Its focus lies on the right to social security, a central norm of the International Covenant on Economic, Social and Cultural Rights. The main question is what impact does the right to social security have on socio-political action in Germany and Finland. The results of the analysis, which was based on the objective hermeneutics, revealed a structural similarity between the conceptions of human beings in both cou…