Search results for "Human Rights Law"
showing 10 items of 24 documents
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…
Human Rights and Changes to the International Legal System. Philosophical Reflections on the (Difficult) Coexistence of International Humanitarian La…
2012
Chapter 6 analyses the relationship between International human rights law (IHRL) and international humanitarian law (IHL). IHL represents the new version of a part of the old ius gentium, in particular its ius in bello. Nonetheless, IHL excludes ius ad bellum, formerly linked to ius in bello in ius gentium, in continuity with the Just War Theory. The current IHL is characterized by neutrality, impartiality, and humanity in protecting victims. The practice of IHRL – not the abstract doctrine of natural rights – aims to protect human beings in different contexts and against different forms of vulnerability. In this last sense, IHL could be seen as a part of the former in the case of vulnerab…
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…
Lethal Autonomous Weapons Systems in International Humanitarian Law and Human Rights Law
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…
State Sovereignty and International Human Rights
2010
The research focuses on human rights and state sovereignty issues very often contradicting one another in current international relations.
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…
Occupazione militare e tutela della proprietŕ privata
2012
Moving from the complementary relationship between International Humanitarian Law and International Human Rights Law, this article analyses the issue of private property in occupied territory from the civilians perspective. In the attempt to verify if contemporaneous practice has modified customary international law obligations of Occupying Powers, the Author highlights the complex and heterogeneous evolution of the protection of the right to private property. On the one hand, practice confirms the strengthening of its safeguard by the extensive interpretation of the absolute prohibition on confiscation, forbidding an occupying power to take "permanent" measures of dispossession and de fact…
Misrecognizing Asylum. Causes, modalities and consequences of the crisis of a fundamental human right.
2017
The so-called contemporary refugee crisis can be defined as a European “right to asylum crisis”, a crisis of its fundamental principles: the protection of asylum seekers’ rights and the related principle of non-refoulement. Modalities and trends marking the recognition of asylum applicants as refugees, and of migrants as asylum seekers, will be considered along with the current implementation of the notion of a “safe country” within the context of EU texts on migration developed since 2015. This “right to asylum crisis” is then briefly analyzed as both a symptom and a cause of the European Union project’s wider political and cultural crisis.
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…