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Uncovering the Nature of ECHR Rights: An Analytical and Methodological Framework

Rights Practices’ (2020) 25(1)Critical Review of International Social and Political Philosophy 50. 14 Letsas, ‘Strasbourg’s Interpretive Ethic: Lessons for the International Lawyer’ (2010) 21(3 ... ), The Philosophy of International Law (2010) 79; Scherz, ‘Tying Legitimacy to Political Power: Graded Legitimacy Standards for International Institutions’ (2021) 20(4) European Journal of Political Theory

Interpreting the ECHR in Light of the Increasingly High Standards Being Required by Human Rights: Insights from Social Ontology

then shows that neither naturalistic theories nor political theories on human rights can explain both the moral demands of human rights and accept the possibility of a change in those demands. Instead ... , ‘human rights’ has been the subject of extensive scholarly comment in recent years, with two dominant approaches emerging in the literature: naturalistic (or practice-independent) scholarship and political

Allocating Human Rights Obligations in the ECHR

common typology is to distinguish between political and ethical or moral conceptions.26 However, the point of those theories is best understood as elucidating which rights meaningfully count as human ... responsible for failing to fulfil its positive obligations.44 For our purposes, the findings regarding (extraterritorial) jurisdiction under article 2(1) of the International Covenant on Civil and Political

The 2016 UN General Assembly Declaration on the Right to Peace: A Step towards Sustainable Positive Peace within Societies?

through ‘political, developmental and human rights programmes and mechanisms’ that consider ‘the needs of all segments of society’.2 This article examines whether the implementation of the Declaration can ... integrity [and] political independence’49 of other States and (2) intra-state peace of other States by ‘organizing, instigating, assisting or participating in acts of civil strife or terrorist acts’.50 In

‘If Only for a Day’: The Universal Declaration of Human Rights, Anniversary Commemoration and International Human Rights Law

recurrent topic. Across later anniversary sessions, Greek, French and English philosophy, Christianity, Judaism, Islam and the Enlightenment are also referred to in recollections of the Declaration’s origins ... impact that the UDHR has had since 1948. This is evident in reference to international conventions on refugees, stateless persons, the political rights of women, the abolition of forced labour, the

The Archaeological Imagination

disciplinary definition of archaeology, blending literature, current popular culture, historical texts, archaeological remains, antiquarian interpretation, philosophy, cultural geography, geology, photography ... Poe are briefly referred to (p.91), and revivalist Gothic architecture does get a mention (pp.119–22). On the subject of socio-political contextual lacunae, Shanks bizarrely overlooks, or chooses to

Empathy and Human Rights: The Case of Religious Dress

(eds), The Least Examined Branch: The Role of Legislatures in the Constitutional State ( 2006 ) ; Arendt, Lectures on Kant's Political Philosophy ( 1982 ). See also Malik, 'Faith and the State of ... often assumed that modern human rights originated in the philosophy of the Enlightenment, Hunt maintains that the acceptance of human rights, and its gathering of momentum as a force for change, depended

Could Human Rights Supersede Bioethics?

difficulties in the way of this thesis, but that these may be overcome. My claim is that if they are overcome, it will not be due to intellectual necessity, but to do with historical and political contingencies ... intellectual and social history, sociology proper and branches of philosophy other than applied moral and political philosophy, have played a much smaller role. Indeed, they often take up a critical role vis-a

Recognizing Early Childhood Education as a Human Right in International Law

, only political commitments, with no legally binding force and can be displaced if States regard other priorities as more pressing. This raises the question of the extent to which early childhood care ... consistent with the system of international law, and sensitive to the nature of the socio-political context within individual states and the international legal order.15 The usual starting point is the method

Forsaking Individual Justice: The Implications of the European Court of Human Rights’ Pilot Judgment Procedure for Victims of Gross and Systematic Violations

systemic legal problems in post-communist contexts, they should not be applied to conflict or post-conflict cases where the underlying problems are deeply rooted ethno-political disputes. ... jurisprudential debates into their political context by drawing attention to the domestic consequences of reforms adopted to save the ECtHR’s future. It argues that in applying the pilot judgment to the Kurdish

Reinvigorating Human Rights for the Twenty-First Century

civil and political rights and economic, social and cultural rights, respectively;5 177 states had ratified the Convention on the Elimination of All Forms of Racial Discrimination; 189 had ratified the ... status of human rights as law needs to be protected and that the distinction between legal obligations and other obligations of a moral or political nature needs to be maintained. ?Human rights? may mean

‘Have You Come to Take the King Away?’: A Survey of Archaeology and Folklore in Context

the almost identical development of the two disciplines, and their shifting interaction in relation to disciplinary changes and the socio-political contexts. It will also provide some key references for ... , cultural, religious, political or environmental contexts (see Noyes 2012). It can be transmitted orally, by imitation or by other practice-based or active means (after UNESCO 1989). Folklore may also be used

The National Planning Policy Framework and Archaeology

political change all converge. It is striking, in the review of archaeology and planning policy over some thirty years, what a revolution we have experienced in that time. When PPGs 16 and 15 were introduced

The UN Human Rights Committee and LGBT Rights: What is it Doing? What Could it be Doing?

norms of the International Covenant on Civil and Political Rights. ... race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Also Article 26 which provides that [a]ll persons are equal before the law

The National Planning Policy Framework and Archaeology: A Discussion

of the government’s plans for ‘localism’ – laissez-faire decentralisation of most ‘national’ decisions (bar defence) that is a cornerstone of the new coalition’s political philosophy. What then does

Redress for Involuntarily Sterilised Trans People in Sweden against Evolving Human Rights Standards: A Critical Appraisal

political prisoner who had been forcibly sterilised through hysterectomy and subjected to other forms of torture and ill-treatment while imprisoned. For the forced sterilisation, the Human Rights Committee ... , provide for a right to a remedy. The International Covenant on Civil and Political Rights clearly states in Article 2(3) the obligation of parties to ensure that victims of rights violations have access to

Soldier Photography of Detainee Abuse in Iraq: Digital Technology, Human Rights and the Death of Baha Mousa

, political and legal effects, not least an ongoing official Inquiry into the causes of his death. But while new media technologies, such as mobile camera-phones, can provide an expanded visual record of human ... on a British Army military base in Basra in southern Iraq in 2003. A soldier's video footage of Mr Mousa's treatment in the detention facility has helped to generate a range of cultural, political and

Of What Use is a Deradicalized Human Right to Water?

more radical conceptions of the right to water. Section 2 will introduce the history, contours and central aims of the global water justice movement, and provide context to the political reality it has ... essential for life and ecosystem health: non-substitutable and tightly bound to communities and ecosystems through the hydrological cycle’.73 This distinction leads to particular political decisions around

The Future of the European Court of Human Rights—Subsidiarity, Process-Based Review and the Rule of Law

functional and purposive sense explained above, by developing its case law, both broadly and deeply. Crucially, it pursued this trajectory within national political environments that were receptive to the idea ... that they would not face any problems in upholding their Convention obligations, simply because the political ideal of international human rights as enforceable legal norms, limiting policy choices and

Accessibility and Foreseeability in the Application of the Principle of Legality under General International Law: A Time for Revision?

principle also features in some of the most prominent human rights instruments, such as the Universal Declaration of Human Rights (UDHR),4 the International Covenant on Civil and Political Rights (ICCPR),5 ... the penalty attached and the sentence served.55 The stigma of being an international criminal or an ‘enemy of mankind’ may lead to social and political exclusion or isolation and may render