Search results for "human right"
showing 10 items of 476 documents
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…
La riunificazione familiare dello straniero nei trattati sui diritti umani
2010
Family reunification contributes to the integration of aliens in the countries of destination and the development of their personality as well, but it entails the increase in the demand for social facilities. As a consequence States tend to reduce the opportunities for family reunification. The study analyses the activity of the organs of control set up by the international conventions on human rights and aims at identifying the obligations on States’ sovereignty stemming from the rules of these conventions protecting family life or disciplining family reunification. In assessing the lawfulness of States’ rules on family reunification or decisions on individual cases these organs verify whe…
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…
Brevi note comparatistiche in tema di suicidio assistito
2019
The essay focuses on the legitimacy of assisted suicide in Italy and in England and Wales, particularly with regard to patients suffering from severe pain from incurable or terminal illnesses. In two recent cases (Cappato and Nicklinson), both Italian and English judges suggested to the Parliament to modify the current state of the law, without making a declaration of incompatibility with Article 8 of the Convention. The paper compares the approach of Corte Costituzionale and UK Supreme Court to the issue, revealing the ambiguity hidden behind those common decisions.
Constitutional developments in Latin American abortion law.
2016
Abstract For most of the 20th Century, restrictive abortion laws were in place in continental Latin America. In recent years, reforms have caused a liberalizing shift, supported by constitutional decisions of the countries’ high courts. The present article offers an overview of the turn toward more liberal rules and the resolution of abortion disputes by reference to national constitutions. For such purpose, the main legal changes of abortion laws in the last decade are first surveyed. Landmark decisions of the high courts of Argentina, Bolivia, Colombia, and Mexico are then analyzed. It is shown that courts have accepted the need to balance interests and competing rights to ground less res…
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…
Law, Borders, and Speech Conference: Proceedings and Materials
2017
Tensions between national law and the Internet’s global architecture have existed since the network’s earliest days. They took on new urgency in recent years, with developments like French regulators’ efforts to globally enforce “Right to Be Forgotten” laws. New cases, technologies, and platform responses seem to come along every few months. Expert-level discussion of these issues is dynamic and fast-moving -- but the written literature is only starting to catch up. This volume contributes to that literature by capturing insights from the Stanford Center for Internet and Society’s Law, Borders, and Speech conference. The event honored the twentieth anniversary of David G. Post and David R. …