Search results for " Human rights"
showing 10 items of 164 documents
The UN Convention on the Rights of the Child's Role in Litigation Before the Committee of Experts of the African Children's Charter
2020
On the occasion of the 30th anniversary of the UN Convention on the Rights of the Child, this article contributes to a reflection about the Convention's impact on domestic and international case law by investigating its role in, and implications for, litigation before the African Committee of Experts on the Rights and Welfare of the Child. To this end, the analysis starts by tracing the core aspects of the African Charter on the Rights and Welfare of the Child, and by comparing its content to that of the UN Convention. It then investigates the extent to which, in its practice, the African Committee has engaged with (or, indeed, ignored or overlooked) the UN Convention, and critically assess…
Prólogo
2020
This introduction illustrates the characteristics of the legal thought of Professor Amparo Rodriguez in the field of the environment and the protection of human rights.
Environmentally-conditioned human rights: a good idea?
2021
The emergence of the rights of nature is a clear response to the current environmental crisis. But such trend is not to walk alone: it is to be espoused to the many still remaining human rights issues, otherwise the power and credibility of both are at danger. This chapter focuses on one of the many possible points of encounter between the rights of nature and human rights. It explores how they may be combined within biocultural rights—the basket of rights of indigenous peoples and local communities necessary to maintain their role as ecosystem stewards—and tries to understand what the consequences of combining nature and human interests as their foundations may be. In particula…
Protection of the right to freedom of assembly and association under ECHR: compliance difficulties in Azerbaijan
2018
The protection of the right to freedom of peaceful assembly and association under the ECHR and compliance difficulties in Azerbaijan, regarding these rights are discussed in this master thesis. The protection of the right to freedom of peaceful assembly and association is one of the critical elements for the development of democracy, and these rights are protected by international documents such as the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred as the European Convention on Human Rights or the ECHR). Furthermore, the protection of these rights at national level must be compatible with the standards of the Council of Europe. The impo…
The European Courts and the Security Council: Between "Dédoublement Fonctionnel" and Balancing of Values
2009
The recent case law of various international tribunals facing questions related to UN Security Council resolutions shows the clear tendency to grant primacy to the UN legal order. This trend, far from being well founded on formal arguments, appears to be a tribute to a legal order perceived as superior, and, at the same time, is revealing of the ‘value oriented’ approach followed by the courts. Such an approach can be categorized from a theoretical perspective in the light of Scelle's theory of relations between legal orders, whereby the courts implement in their respective legal orders values stemming from the UN legal order. Various critical remarks can be advanced in relation to this att…
Ha ancora una rilevanza la Convenzione sull’eliminazione di ogni forma di discriminazione nei confronti delle donne? Per una sua (ri)considerazione n…
2011
Lo sviluppo resiliente. Diritti umani, inclusione ed esclusione differenziale nelle politiche di capacity development
2019
The relationship between concepts such as resilience, capacity development, empowerment and poverty reduction, and their corresponding practices, works as a matrix of neoliberal subjectivation processes involving both men and women on a global level. In the framework of the human resilience paradigm, the concepts and political practices of development have taken on a particularly strategic value and conceptual meaning, and are producing unexpected effects in term of inclusion, exclusion, abandonment, and exploitation. Analysing capacity development policies as relates to resilience allows us to observe how Governmentality regulates the life and death of people on the global scene of the lat…
Climate Change and Human Rights: the 2015 Paris Conference and the Task of Protecting People on a Warming Planet
2015
El problema de la aplicación tardía del principio de precaución en las aspersiones aéreas con Glifosato contra cultivos de uso ilícito en Colombia: L…
Il consenso informato ai trattamenti sanitari sui minori e decisioni di fine vita. Riflessioni comparatistiche
2019
The essay deals with the informed consent to allow or to refuse medical treatment for pediatric patients, in a comparative law perspective. The first part focuses on the principle of personal autonomy and the rights to health and to life for patiens who lack capacity, as enshrined in Italian legislation. In determining care and treatment in relation to their child, parents have to take into account the physical and mental well-being, life and dignity of the person, as fully as possible (art. 3, L. 219/2017). The second part of the paper investigates the consequences of parents' refusal to interrupt or continue life-sustaining treatment in relation to infants suffering from serious and incur…