International human rights law

refugees lack national and international security as many states and countries deny to offer them a nationally. Besides, they are deprived of basic human rights such as healthcare, education, freedom of movement, and the right to work. The violation of human rights makes the protection of refugees an important concern for national and international regulatory bodies. This paper argues that refugees should be protected and they should be provided with the basic human rights. The protection of…

The International community and international law, nation, state and the laws of each, linguistic, ethnic, cultural and religious entities of the world, and the individual human are four different entities that prepare human rights. Each one of these entities has their own set of human rights, and sometimes there are difficulties in making all of the different human rights match up. When you look at the realm of human rights through the lens of each entity by itself it seems clear and it makes…

The most representative document in international human rights law is the Universal Declaration of Human Rights (UDHR),which is a milestone in history of human rights law, was proclaimed by the UN General Assembly in Paris on 10 December 1948 General Assembly Resolution 217A as a common standard of achievements for all peoples and all nations. Article 21 describes “the will of the people” as “the basis of the authority of government” and calls for that will to be considered through “periodic and…

Australian government has international treaties with the United Nations in the trade that exposes the country to a competitive social and cultural dimension. The issues relating to the human rights are also addressed during signing the international trade treaties whereby, the Australian government aims in protecting its producers as well as consumers. The other aspects that motivates Australian government in protecting and respecting human right is ensuring international influences does not…

To begin with, human rights has failed in terms of international law. Human rights are defined as “the existence of rights that all human beings possess that even one’s own government cannot infringe on or deny and then can be protected by external elements, as through the United Nations.” There are 30 provisions in the Declaration of Human Rights that was passed on December 10th, 1948 by the United Nations General Assembly. However, not many of these are seen as universal. Most of these…

Women are the nurturers of the generations to come while children hold the future in the palm of their hands. Women and children of Mauritania face abuse, assault and an overall lack of human rights, all of which are topics to be resolved. The leaders of Mauritania have attempted to overcome these ups and downs, however, they have not yet been led to a legitimate solution. Being an islamic state, Mauritania struggles to take action on the topic due to the cultural belief of men being superior…

is a member of many international organisations, including the United Nations and the Council of Europe. The state is also a party to many international treaties and conventions. However, even though these agreements have been signed and acknowledged, they have no legal force within the state. The reason for this is because Ireland takes a dualist approach to international law. Monism and dualism are theories describing the relationship between international law and domestic law. Monism’s…

positive obligation to ensure that rights are discharged from covenants fully and all the individuals in the society are equally protected. On the other hand IHL ensures that states protect people during conflicts, prisoners are equally protected and given access to basics, women are not raped or harassed etc. Its state’s positive obligation to make efforts to protect state’s own people from enemy attacks and to take precautionary measures in order to keep civilian areas away from military…

framework for the rights of undocumented migrant children in Canada. Daniel Garcia was an eighteen-year old when he was apprehended by police in Toronto and deported from Canada in 2011 (CITE). As the analysis will show, this case exemplifies the problems of Canada’s Immigration and Refugee Protection Act (2001) and sheds lights on how the law breaches children’s rights as defined by the UN Convention on the Rights of the Child. It is an exemplary case of how a universal rights framework has…

LIMITATIONS OF POSITIVIST INTERNATIONAL LAW Although, it may be appealing to rely on the positivist arguments that focus on international written, official rules, it is important to note that law transcends far beyond being just a set of rules controlling and dictating the behavior of societies. The norms, values, morals and beliefs of any community are reflected in its law. International law does recognize other sources which are not given any credence in positive law. It recognizes the…