Search results for "Right to property"
showing 8 items of 8 documents
The Contribution of the Inter-American Human Rights Bodies to Evolving International Law on Indigenous Rights over Lands and Natural Resources
2010
AbstractBecause of the special relationship with land that characterises indigenous groups, rights over land and natural resources are at the heart of indigenous claims under international law. The Inter-American Commission on Human Rights and the Inter-American Court have developed a copious jurisprudence on the subject matter and contributed to the establishment of certain minimum indigenous peoples' land rights under customary international law. This article analyses the Inter-American judicial discourse on land issues in the light of the current status of relevant international law and reflects upon the potential contribution of the former to the further development of the latter. It fo…
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…
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.
LAND AND PROPERTY RIGHTS WITHIN THE URBANISM LAW
2017
The study intends to highlight the functions of property rights in relation to the characteristics of urbanism law. The analyse aims to identify the role of public authorities in the production process of planning public policies, under current regulations in force in Romania. Moreover, while the legislation led to confer a social function of property rights, this conception of property rights comes up against the revival of private property, which is likely to complicate the implementation of public planning policies. The social function of the property law, however, could reach its limits in the coming years. Indeed, the jurisprudence appears to give a boost to the individualistic dimensi…
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…
L’espropriazione nella Repubblica Popolare di Polonia negli anni 1944–1956. Analisi storica e dottrinale
2018
The Manifesto of the Polish Committee of National Liberation (an organization created by the Soviet Union) of 22 July 1944 initiated on the territory of Poland radical changes in the political and social-economic organization of the country. The self-appointed communist authorities, at the beginning of the new system’s development, as one of the key challenges recognized the necessity for transformation of the ownership structure of Poland in accordance with the doctrine they propagate. The first decrees already expressed a disregard for the achievements of Western civilization in the area of protection of acquired rights, including in the context of individual property rights. In the force…
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…