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Direito internacional dos direitos humanos: uma discussão sobre a relativização da soberania face à efetivação da proteção internacional dos direitos humanos; International law of human rights: a discussion about the sovereignty relativity in face of the effectiveness of the international protection of the human rights.

Taiar, Rogerio
Fonte: Biblioteca Digitais de Teses e Dissertações da USP Publicador: Biblioteca Digitais de Teses e Dissertações da USP
Tipo: Tese de Doutorado Formato: application/pdf
Publicado em 30/06/2009 Português
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A presente tese tem como objeto de estudo o direito internacional dos direitos humanos, trazendo como proposição a apresentação de uma nova concepção sobre a soberania. A justificativa que levou à escolha do tema e desenvolvimento do texto aflorou da verificação de diversas teorias emergentes na tentativa de melhor conceber o exercício contemporâneo da soberania estatal, diante da cada vez mais indispensável proteção dos direitos humanos no plano internacional. Esta constatação instigou o aprofundamento do assunto no sentido de contribuir para com o rompimento do dogma da soberania aliada à característica da supremacia, definição persistente que tem justificado a inefetividade do direito internacional dos direitos humanos. A pretensão foi buscar subsídios para a construção de um novo conceito de soberania estatal redesenhado a partir do paradigma da revitalização da soberania em decorrência da efetivação da proteção internacional dos direitos humanos. O texto demonstra que a tensão existente entre a efetivação concreta dos direitos humanos na esfera internacional e a suposta barreira da soberania estatal emerge da tentativa de se explicar institutos jurídicos novos com fundamentos principiológicos tradicionais que...

A era dos Direitos Sociais: lineamentos históricos, filosóficos e jurídicos dos Direitos Humanos Fundamentais: relação com o Direito do Trabalho: aplicação, pela jurisprudência; The era of social rights: historical, philosophical and legal lineaments of fundamental human rights: relationship with the labour law: imposition by case law.

Berardo, Carlos Francisco
Fonte: Biblioteca Digitais de Teses e Dissertações da USP Publicador: Biblioteca Digitais de Teses e Dissertações da USP
Tipo: Tese de Doutorado Formato: application/pdf
Publicado em 29/01/2013 Português
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O objetivo essencial da tese é o exame específico dos Direitos Humanos Fundamentais e dos princípios respectivos, sobretudo aqueles relativos à dignidade da pessoa humana e ao valor social do trabalho, bem como da relação destes com o Direito do Trabalho e com o Direito Processual do Trabalho. A oportunidade (ou necessidade) para este estudo resultou da constante referência, nas petições, nos debates e nas decisões dos Juízes e Tribunais do Trabalho, aos Direitos Humanos Fundamentais, assim como ao princípio da dignidade da pessoa humana o mais importante na menção aos Direitos Humanos e, também, consagrado pela (e na) Constituição Federal. Trata-se de projeção de tais preocupações da vivência diária, como juiz, sobretudo depois da ampliação da competência da Justiça do Trabalho, decorrente da Emenda Constitucional n. 45, de 2004. Daí resultou a verificação da efetividade e eficácia da inclusão dos Direitos Humanos no Direito positivo. Há estudo da terminologia. Passou-se ao estudo das diversas concepções, segundo as variadas correntes doutrinárias. Entendeu-se indispensável a leitura da sua evolução, na história, na filosofia, na teologia, e da sua inclusão no Direito positivo. Adotou-se como marco...

Rights in Asylum Sharing and Other Human Transfer Agreements

Clark, Tom; Crépeau, François
Fonte: Netherlands Quarterly of Human Rights Publicador: Netherlands Quarterly of Human Rights
Tipo: Artigo de Revista Científica Formato: 221947 bytes; application/pdf
Português
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The article sets out the concept of a State-to-State human transfer agreement of which extradition and deportation are specialised forms. Asylum sharing agreements are other variations which the article explores in more detail. Human transfer agreements always affect at least the right to liberty and the freedom of movement, but other rights will also be at issue to some extent. The article shows how human rights obligations limit State discretion in asylum sharing agreements and considers how past and present asylum sharing arrangements in Europe and North America deal with these limits, if at all. The article suggests changes in the way asylum sharing agreements are drafted: for example, providing for a treaty committee would allow existing agreements to better conform to international human rights instruments and would facilitate State compliance to their human rights obligations.

Human Rights and Climate Change : A Review of the International Legal Dimensions

McInerney-Lankford, Siobhan; Darrow, Mac; Rajamani, Lavanya
Fonte: World Bank Publicador: World Bank
Português
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The study includes a conceptual overview of the link between climate impacts and human rights, focused on the relevant legal obligations underpinning the international law frameworks governing both human rights and climate change. As such it makes a significant contribution to the global debate on climate change and human rights by offering a comprehensive analysis of the international legal dimensions of this intersection. The study helps advance an understanding of what is meant, in legal and policy terms, by the human rights impacts of climate change through examples of specific substantive rights. It gives a legal and theoretic perspective on the connection between human rights and climate change along three dimensions: first, human rights may affect the enjoyment of human rights. Second, measures to address human rights may impact the realization of rights and third, that human rights have potential relevance to policy and operational responses to climate change, and may promote resilience to climate change...

Human Rights Indicators in Development : An Introduction

McInerney-Lankford, Siobhan; Sano, Hans-Otto
Fonte: World Bank Publicador: World Bank
Português
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Human rights indicators are central to the application of human rights standards in context and relate essentially to measuring human rights realization, both qualitatively and quantitatively. They offer an empirical or evidence-based dimension to the normative content of human rights legal obligations and provide a means of connecting those obligations with empirical data and evidence and, in this way, relate to human rights accountability and the enforcement of human rights obligations. Human rights indicators are important for both assessment and diagnostic purposes: the assessment function of human rights indicators relates to their use in monitoring accountability, effectiveness, and impact; the diagnostic purpose relates to measuring the current state of human rights implementation and enjoyment in a given context, whether regional, country-specific, or local. This paper offers a preliminary review of the foregoing in the development context and a general perspective on the significance of human rights indicators for development processes and outcomes. It is not intended to be prescriptive and does not provide specific operational recommendations on the use of human rights indicators in development projects. Nor does it advocate a particular approach or mode of integrating human rights in development or argue for a rights-based approach to development. This paper is designed to provide development practitioners with a preliminary view on the possible relevance...

Investigation into the expression and localisation of c-kit and the regulation of kit ligand gene expression in the adult human ovary.

Tuck, Astrud Rebecca Rose
Fonte: Universidade de Adelaide Publicador: Universidade de Adelaide
Tipo: Tese de Doutorado
Publicado em //2013 Português
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Folliculogenesis is a complex process that is central to the ovary’s primary function, the production of healthy oocytes. One of the essential ligand/receptor pairs that mediates folliculogenesis is kit ligand (KITL), a granulosa-derived cytokine growth factor, and its receptor, c-kit. Since their discovery two decades ago, the KITL/c-kit system has been extensively studied in animal models, in particular the mouse, in which it has been demonstrated to be crucial for normal folliculogenesis and fertility. To date, little investigation into KITL and c-kit has been performed in the adult human ovary. Previously, this laboratory showed abnormally increased KITL protein levels in human polycystic ovaries (PCO) compared to non-PCO, suggesting that KITL may contribute to several PCO phenotypes according to the range of actions KITL has been shown to have in animal folliculogenesis. Thus, this thesis aimed to characterise KITL and c-kit expression and localisation in the adult human ovary, including polycystic ovaries, and examined regulation of KITL gene expression by endocrine and intraovarian factors. To perform these studies, human ovarian tissues were obtained. These included granulosa cell subtypes cumulus and mural granulosa cells from women undergoing assisted reproductive technology treatment at infertility clinics...

International Protection of Human Rights: A Textbook

Fonte: Åbo Akademi University Institute for Human Rights Publicador: Åbo Akademi University Institute for Human Rights
Tipo: Livro
Português
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This textbook presents the main universal and regional systems and standards for the international protection of human rights, also taking note of recent changes in procedure together with substantive developments in the field of human rights law. In addition to the United Nations at the universal level, it outlines the existing regional protection systems in Europe, Africa and the Americas as well as bringing for the discussion pertaining to human rights law in Asia and the Arab countries. Moreover, the various means for domestic implementation of human rights law are covered, and attention is drawn to the role of non-governmental organizations in the protection of human rights. This volume is not limited to human rights law in the strict sense, but rather places human rights within a wider context of public international law as well as philosophy. The primary target group for this textbook are Master’s level students in law schools and specialized Master’s programmes in international law or human rights law, but the book may also appeal to more advanced human rights researchers and professors teaching human rights topics.; I. The Foundations of Human Rights 1. Philosophical and Historical Foundations of Human Rights (Heiner Bielefeldt) 2. Characteristics of Human Rights Norms (Martin Scheinin) 3. The Status of Human Rights in International Law (Olivier De Schutter) II. United Nations Standards and Mechanisms 4. The United Nations and Human Rights (Hurst Hannum) 5. United Nations Charter-Based Protection of Human Rights (Andrew Clapham) 6. Civil and Political Rights (Sir Nigel Rodley) 7. Economic...

Applying dignity, respect, honor and human rights to a pluralistic, multicultural universe

KAMIR, Orit
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf
Português
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“Human dignity” is the foundation of the human rights discourse that evolved around the United Nations’ 1948 Universal Declaration of Human Rights. In recent decades, the concept of human dignity has been vastly over-extended, gradually becoming a vague, nearly meaningless “catch-all” phrase. In the 21st century’s pluralistic and multicultural world, this development has played into two worrisome trends. One is the formulation of any cultural-specific identity-based claim as involving a human dignity-based human right; such over-extension of human dignity and human dignity-based rights breeds growing scepticism regarding the usefulness of the whole human rights discourse. The second trend is the erroneous portrayal of cultural specific honor-based claims as involving dignity-based human rights. Such misleading portrayal blurs the boundaries between the universalistically humanistic dignity-based human rights discourse, and culturally specific, often separatist and conservative honor-based mentalities. Attempting to address these troubling trends, this paper defines a tightly knit human dignity, which marks the absolute value/ worth of the common denominator of humanness in all human beings. This human dignity gives rise to universalistic and absolute – yet minimal – fundamental human rights. It is conceptually distinguished from what I refer to as “respect”...

Human security and human rights under international law : reinforcing protection in the context of structural vulnerability

ESTRADA-TANCK, Dorothy
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado
Português
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Examining Board: Professor Martin Scheinin, European University Institute (Supervisor) Professor. Ruth Rubio-Marin, European University Institute Professor Christine Chinkin, London School of Economics and Political Science Judge Antônio Augusto CançadoTrindade, International Court of Justice.; Defence date: 10 June 2013; Human security has been qualified as "the emerging paradigm for understanding global vulnerabilities". Articulated by UN and regional bodies over the last twenty years, its person-centred axis of freedom from fear, from want and to live in dignity and its protection and empowerment strategies, suggest communicating bridges with human rights law. However, this connection has seldom been explored at a deeper level that transcends human rights as discourse or token. This thesis analyses whether human security may provide tools for an expansive and integrated legal interpretation of international human rights, state and non-state obligations in the context of structural vulnerability; and whether a gendered and human rights-based approach can more accurately define the scope of human security and the types of violence and deprivation it considers. Thus, on the basis of an initial interdisciplinary research, this thesis maps and critically evaluates the expressions of human security/human rights interaction in international law...

Essays on Human Capital Formation, Living Standards and Selective Migration; Aufsätze zu Humankapitalformation, Lebensstandard und selektiver Migration

Stolz, Yvonne
Fonte: Universität Tübingen Publicador: Universität Tübingen
Tipo: Dissertation; info:eu-repo/semantics/doctoralThesis
Português
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The first scientific paper, chapter two focuses on human capital as an important determinant of living standards. Human capital is proxied with the age-heaping technique. Additionally in this article, literacy evidence is provided to cross-check the results. As an indicator of the biological standard of living, human stature is used. The chapter provides a large data set on Portuguese living standards from the early 18th to the 20th centuries. It answers the question: When and why did the Portuguese become the shortest Europeans? In order to find the answer to this question, the trend in Portuguese living standards from the 1720s until recent times is estimated with Maximum Likelihood and OLS techniques. The data shows that during the early nineteenth century average height in Portugal did not differ significantly from average height in most other European countries. But when around 1850, their anthropometric values began to climb sharply, Portugal's, however, did not. In OLS and IV panel estimations, delays in both real-wage convergence and human capital formation in Portugal are found to be the main factors hindering any improvement there in the biological standard of living. Chapter three provides data on human capital development for seven Latin Ameri-can countries from the 17th to the 20th centuries...

The right candidate for human rights

White, Vanessa
Fonte: Universidade Nacional da Austrália Publicador: Universidade Nacional da Austrália
Tipo: Relatório
Português
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Human rights violations continue to burden countless groups, cultures and sub-cultures around the world. There is increasing scrutiny of human rights in Australia, particularly as they pertain to Indigenous Australians. The individuals and organisations in Australia who work to defend, promote and protect the human rights of Australia's Indigenous people should be more readily acknowledged for the work they have undertaken. The Emilio F. Mignone International Human Rights Prize came into existence because an Argentine man, Emilio F. Mignone, dedicated his life to helping people overcome great injustice and loss. Acts of genocide in Argentina, such as the forced removal of family members from their homes and loved ones, are not dissimilar to the case of Australia's Stolen Generations. The Emilio F. Mignone International Human Rights Prize is a way for Argentina to acknowledge the efforts of individuals and/or organisations working to promote and protect the human rights of Indigenous peoples internationally. This prize seeks to recognise outstanding commitments to human rights, and is awarded by the Minister for Foreign Affairs in Argentina every year. It is important for the Embassy of Argentina in Canberra to present nominations to Argentina for the Emilio F. Mignone International Human Rights Prize in order to acknowledge the work of Australia's human rights advocates on an international level. Many Indigenous and non-Indigenous individuals or organisations across Australia present a unique story that has had a lasting effect on the lives of Australia's Aboriginal and Torres Strait Islander population. The underpinning motivation...

Theories about evolutionary origins of human hepatitis B virus in primates and humans

Souza,Breno Frederico de Carvalho Dominguez; Drexler,Jan Felix; Lima,Renato Santos de; Rosário,Mila de Oliveira Hughes Veiga do; Netto,Eduardo Martins
Fonte: Brazilian Society of Infectious Diseases Publicador: Brazilian Society of Infectious Diseases
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/10/2014 Português
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Introduction: The human hepatitis B virus causes acute and chronic hepatitis and is considered one of the most serious human health issues by the World Health Organization, causing thousands of deaths per year. There are similar viruses belonging to the Hepadnaviridae family that infect non-human primates and other mammals as well as some birds. The majority of non-human primate virus isolates were phylogenetically close to the human hepatitis B virus, but like the human genotypes, the origins of these viruses remain controversial. However, there is a possibility that human hepatitis B virus originated in primates. Knowing whether these viruses might be common to humans and primates is crucial in order to reduce the risk to humans. Objective: To review the existing knowledge about the evolutionary origins of viruses of the Hepadnaviridae family in primates. Methods: This review was done by reading several articles that provide information about the Hepadnaviridae virus family in non-human primates and humans and the possible origins and evolution of these viruses. Results: The evolutionary origin of viruses of the Hepadnaviridae family in primates has been dated back to several thousand years; however, recent analyses of genomic fossils of avihepadnaviruses integrated into the genomes of several avian species have suggested a much older origin of this genus. Conclusion: Some hypotheses about the evolutionary origins of human hepatitis B virus have been debated since the '90s. One theory suggested a New World origin because of the phylogenetic co-segregation between some New World human hepatitis B virus genotypes F and H and woolly B virus in basal sister-relationship to the Old monkey human hepatitis World non-human primates and human hepatitis B virus variants. Another theory suggests an Old World origin of human hepatitis B virus...

Reclaiming human machine nature

Fass, Didier
Fonte: Universidade Cornell Publicador: Universidade Cornell
Tipo: Artigo de Revista Científica
Publicado em 29/09/2014 Português
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Extending and modifying his domain of life by artifact production is one of the main characteristics of humankind. From the first hominid, who used a wood stick or a stone for extending his upper limbs and augmenting his gesture strength, to current systems engineers who used technologies for augmenting human cognition, perception and action, extending human body capabilities remains a big issue. From more than fifty years cybernetics, computer and cognitive sciences have imposed only one reductionist model of human machine systems: cognitive systems. Inspired by philosophy, behaviorist psychology and the information treatment metaphor, the cognitive system paradigm requires a function view and a functional analysis in human systems design process. According that design approach, human have been reduced to his metaphysical and functional properties in a new dualism. Human body requirements have been left to physical ergonomics or "physiology". With multidisciplinary convergence, the issues of "human-machine" systems and "human artifacts" evolve. The loss of biological and social boundaries between human organisms and interactive and informational physical artifact questions the current engineering methods and ergonomic design of cognitive systems. New developpment of human machine systems for intensive care...

ICTs and Human Rights Practice; A report prepared for the UN Special Rapporteur on extrajudicial, summary and arbitrary executions

McPherson, Ella
Fonte: CGHR, Dept. of Politics and International Studies, University of Cambridge Publicador: CGHR, Dept. of Politics and International Studies, University of Cambridge
Tipo: Report; published version
Português
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Since 2011, CGHR has collaborated with the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, providing research support to his mandate. In 2012, a team of researchers produced a ?Research Pack? on the threats to the right to life of journalists for an Expert Meeting held in Cambridge, ultimately contributing to the Special Rapporteur?s report that year to the Human Rights Council. In 2013, work began on a broader collaboration studying violations of the right to life across the African continent, culminating in a report, ?Unlawful Killings in Africa,? to guide the Special Rapporteur?s future activity. In 2014, a CGHR research team began a study of how the use of information and communication technologies affects the right to life, resulting in this report and the ICTs and Human Rights blog. This report was originally a discussion document prepared by CGHR Research Associate Dr Ella McPherson in collaboration with the mandate of the Special Rapporteur and ahead of a meeting of experts held in Cambridge in February 2015. The discussion document, as well as the discussion at the expert meeting, contributed to the Special Rapporteur?s thematic report on the use of information and communications technologies to secure; The use of information and communication technologies (ICTs) is creating a wealth of new opportunities as well as a variety of new risks for human rights practice. Given the pace of innovation in the development and use of ICTs...

Observations on the Rules of the African Court on Human and Peoples' Rights

Naldi,Gino J
Fonte: African Human Rights Law Journal Publicador: African Human Rights Law Journal
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/01/2014 Português
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The African Court on Human and Peoples' Rights was established by the 1998 Protocol to the African Charter on Human and Peoples' Rights. On 2 June 2010, its Rules of Court came into force. Rules of procedure are designed to supplement and fill in any gaps in the parent treaty. They are an essential part of the workings of many international bodies, including judicial organs.These Rules, which have a bearing on important aspects of the Court's functioning, are discussed in this article. The article does not undertake an exhaustive analysis of the whole set of Rules; it focuses on those Rules that may help to clarify or not, as the case may be, any obscurities or difficulties associated with the parent Protocol. The contribution covers the Rules pertaining to the composition of the African Human Rights Court; the Court's contentious procedure; and the Court's advisory opinions mandate. In the discussion, the Court's Rules are linked to those of the African Commission on Human and Peoples' Rights. The analysis concludes that the Rules of Court of the African Human Rights Court largely correspond to those of other regional courts. Although there are gaps and omissions, the Court has embarked on a process of addressing these issues through its jurisprudence...

Human trafficking and human rights violations in South Africa: Stakeholders' perceptions and the critical role of legislation

Aransiola,Joshua; Zarowsky,Christina
Fonte: African Human Rights Law Journal Publicador: African Human Rights Law Journal
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/01/2014 Português
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This article examines the perspectives of governmental and nongovernmental stakeholders in South Africa on the dynamics of human trafficking in South Africa, and on efforts to protect the human rights of rescued victims of human trafficking prior to the promulgation of human trafficking legislation in the country. The authors seek to understand the range of views and approaches of stakeholders to trafficking, including possible links to HIV, as human trafficking is commonly discussed in the media, but empirical research on the scale, dynamics, and impacts of trafficking in South Africa is scarce. This exploratory situation analysis involves desk review and 24 key informant interviews, using purposive and sequential referral sampling. Respondents included government departments and non-governmental organisations working at a border-crossing site (Musina), and two major destination sites for irregular migrants, including trafficked people (Johannesburg and Cape Town). Almost all respondents reported that human trafficking is significant and complex, and that both cross-border and internal movement of trafficked victims violate victims' rights in several ways. While they suffer at the hands of organised crime syndicates, their rights are further violated even after rescue...

The protection against discrimination based on sexual orientation under the African human rights system

Rudman,Annika
Fonte: African Human Rights Law Journal Publicador: African Human Rights Law Journal
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/01/2015 Português
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Recent legislation proposed or passed in Nigeria, Uganda and The Gambia has put the spotlight on the plights of homosexual persons living in sub-Saharan Africa. In Nigeria, discriminatory laws prohibit same-sex marriages and ban gay clubs and organisations. In Uganda, the Prohibition of the Promotion of Unnatural Sexual Practices Bill of 2014, with contents similar to the notorious Anti-Homosexuality Act, is being considered after a ruling by the Ugandan Constitutional Court rendering the Anti-Homosexuality Act unconstitutional. In The Gambia, the Penal Code has been amended recently to add the crime of 'aggravated homosexuality' with a lifetime prison sentence for any person found guilty. The rights to dignity and equality are protected under the African Charter on Human and Peoples' Rights; however, competing local and global values are arguably growing in Africa, challenging this right. This article explores two main problems: first, how the rights to dignity, equality and non-discrimination should generally be interpreted and applied under the regional African human rights system when related to sexual orientation. In this regard I draw on the interpretation of these rights under international human rights law as well as the jurisprudence of the European Court of Human Rights and its Inter-American counterpart. Second...

Cultural rights versus human rights: A critical analysis of the trokosi practice in Ghana and the role of civil society

Asomah,Joseph Yaw
Fonte: African Human Rights Law Journal Publicador: African Human Rights Law Journal
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/01/2015 Português
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In this article, I examine critically the culture versus human rights debate, and the crucial role and tactics of civil society organisations, drawing on insights from transnational advocacy networking, in the struggle to extend human rights to vulnerable people with reference to the trokosi practice in Ghana. This trokosi system turns virgin girls into slaves of the gods to atone for crimes committed by their family members. Theoretically, universal human rights must take precedence over any demand for cultural rights. In practice, however, the actual enforcement of human rights laws that conflict with other cultural values and practices can be more messy and complex than it is often conceptualised. Essentially, universal human rights accommodate, recognise and promote cultural rights; however, the latter ends at a point where its observance is likely to result in the violation of the fundamental human rights of others. I conclude that, although the call for cultural pluralism and the need to celebrate and respect the diversity of cultures sound legitimate, this demand cannot be allowed to trump the minimum package of the fundamental human rights that protect human dignity, wellbeing and integrity within the context of human rights protocols that state parties already have ratified. Yet...

Striking a balance between community norms and human rights: The continuing struggle of the East African Court of Justice

Possi,Ally
Fonte: African Human Rights Law Journal Publicador: African Human Rights Law Journal
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/01/2015 Português
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The article exposes the difficult position in which the East African Court of Justice (EACJ) finds itself when faced with matters containing human rights allegations, which the Court is barred from deciding as such. The EACJ is often called upon to draw a line between what might constitute a human rights case and a claim relating to an East African Community (EAC) norm which is not barred under article 27(2) of the East African Community Treaty. As the main judicial mechanism of the EAC, the EACJ is primarily mandated to interpret and apply EAC law, of which human rights form part. Despite the existing limitations, the EACJ has clearly laid down its position that it cannot 'abdicate' exercising its interpretive mandate, even if a matter before it contains allegations of human rights violations. In doing so, the EACJ has indirectly protected human rights in the EAC through other forms of cause of actions, such as the rule of law and good governance. This contribution advances two key arguments: First, the EAC Treaty contains human rights norms that the EACj cannot escape from interpreting. Second, due to the continuing restrictions in adjudicating human rights, as well as the existing human rights norms in the EAC Treaty, the EACJ is trapped in precarious attempts to balance the advancing of EAC norms...

African values and human rights as two sides of the same coin: A reply to Oyowe

Metz,Thaddeus
Fonte: African Human Rights Law Journal Publicador: African Human Rights Law Journal
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/01/2014 Português
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In an article previously published in this Journal, Anthony Oyowe critically engages with my attempt to demonstrate how the human rights characteristic of South Africa's Constitution can be grounded on a certain interpretation of Afro-communitarian values that are often associated with talk of ubuntu. Drawing on recurrent themes of human dignity and communal relationships in the sub-Saharan tradition, I have advanced a moral-philosophical principle that I argue entails and plausibly explains a wide array of individual rights to civil liberties, political power, criminal procedures and economic resources. Oyowe's most important criticism of my theory is in effect that it is caught in a dilemma: Either the principle I articulate can account for human rights, in which case it does not count as communitarian, or it does count as the latter, but cannot account for the former. In this article, I reply to Oyowe, contending that he misinterprets key facets of my theory to the point of not yet engaging with its core strategy for deriving human rights from salient elements of ubuntu. I conclude that Oyowe is unjustified in claiming that there are 'theoretical lapses' that 'cast enormous doubts' on my project of deriving human rights from a basic moral principle with a recognisably sub-Saharan and communitarian pedigree.