Human Rights Committee Part 2

Human Rights Committee Part 2

 

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A few comments on a comment: the UN Human Rights Committee ‘s General Comment No. 32 on Article 14 of the ICCPR and the question of civilians tried by military courts
Evelyne Schmid
International Journal of Human Rights
Volume 14, Number 7, December 2010 p.1058-1071

LAW JOURNAL / LAW REVIEW

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The Impact of the Hague Abduction Convention on the Rights of the Family In the Case-law of the European Court of Human Rights and the UN Human Rights Committee: The Danger of Neulinger
Walker, Lara
Journal of Private International Law
Volume 6, Number 3, December 2010 p.649-682

LAW JOURNAL / LAW REVIEW

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The United Nations Human Rights Committee’s views about the legitimate parameters of the preventive detention of serious sex offenders
Patrick Keyzer
Criminal Law Journal
Volume 34, Number 5, October 2010 p.283

LAW JOURNAL / LAW REVIEW

Legislation that is presently in place in a majority of the Australian States adopts the radical approach of using prison as a venue for the preventive detention of sex offenders after the conclusion of their prison sentences. The High Court of Australia upheld the constitutional validity of Queensland’s legislation in 2004. But the United Nations Human Rights Committee has recently found that the preventive detention regimes in the Queensland and New South Wales (and, by implication, Western Australia and Victoria) are in violation of the International Covenant on Civil and Political Rights , which provides for guarantees of Due Process and prohibits arbitrary detention and the retroactive infliction of increased punishment. This article reviews the Committee’s decisions, and examines their implications.

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Defining Civil and Political Rights: The Jurisprudence of the United Nations Human Rights Committee, A Conte and R Burchill
Ivan Shearer
Australian Year Book of International Law
Volume 28, 2009 p.203

LAW JOURNAL / LAW REVIEW

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Emergency Legislation in the United Kingdom
Geetha Mazarelo
European Journal of Law Reform
Volume 11, Issue 3, 2009 p.323-368

LAW JOURNAL / LAW REVIEW

During emergencies including war, terrorism or other civil contingencies the executive needs additional, potentially extensive powers to curtail the liberty of citizens in order to safeguard the public. This article considers the extent to which Parliament in the United Kingdom has scrutinised emergency legislation since World War One and acted as a watchdog to safeguard the human rights of the population It analyses the effectiveness of scrutiny by considering the methods used by Parliament to examine the relevant Bills , including committee scrutiny and debate on the floor of the House of Commons and the House of Lords. It further considers how Parliament has scrutinised the executive’s use of its delegated powers in such situations. The article concludes that, even taking into account the constraints on it, including lack of time and the power of the executive in the Westminster system, Parliament could act as a better safeguard for human rights in times of emergency.

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Indefinite Detention of Sex Offenders and Human Rights: The Intervention of the Human Rights Committee of the United Nations: Re Fardon, Communication No 1629/2007, Human Rights Committee of the United Nations, 18 March 2010, Re Tillman, Communication No 1635/2007, Human Rights Committee of the United Nations, 18 March 2010
Ian Freckelton, SC; Patrick Keyzer
Psychiatry, Psychology and Law
Volume 17, Issue 3, August 2010 p.345-354

LAW JOURNAL / LAW REVIEW

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Bills, Due Process, Human Rights Committee, International Covenant on Civil and Political Rights, Private International Law.


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