International human rights law Part 3

International human rights law Part 3

 

21

The Isayeva Cases of the European Court of Human Rights: The Application of International humanitarian law and Human Rights Law in Non-International Armed Conflicts
Eriko Tamura
Chinese Journal of International Law
Volume 10, Number 1, March 2011 p.129-140

LAW JOURNAL / LAW REVIEW

22

EXPORTING SUBJECTS: GLOBALIZING FAMILY LAW PROGRESS THROUGH INTERNATIONAL HUMAN RIGHTS
Cyra Akila Choudhury
Michigan Journal of International Law
Volume 32, Number 2, Winter 2011 p.259

LAW JOURNAL / LAW REVIEW

23

Human rights in the New Zealand courts
Philip A Joseph and Thomas Joseph
Australian Journal of Administrative law
Volume 18, Number 2, February 2011 p.80

LAW JOURNAL / LAW REVIEW

Lord Cooke of Thorndon termed the post-war international human rights movement the “rise of constitutionalism”. He presciently predicted that international human rights would transform rights-adjudication in the national courts of the Common law jurisdictions. This article records how the New Zealand courts have responded to the challenge. It examines: the effect of New Zealand’s parliamentary Bill of Rights on the exercise of public power; the two models the courts have applied in giving effect to New Zealand’s international human rights obligations; and the reach of the Common law principle of legality in protecting basic rights. Today, the New Zealand courts interpret public powers in accordance with protected rights sourced in the common law, the Bill of Rights and international human rights instruments. The article ends with the evocative suggestion that New Zealand and other comparable common law jurisdictions may be inching closer towards a natural law conception of law.

24

David N. Weisstub and Guillermo Diaz Pintos, Eds, Autonomy and Human Rights in Health Care. International Library of Ethics, Law, and the New Medicine, Vol. 36, Dordrecht, The Netherlands: Springer, 2008
Kevin Wm. Wildes
Human Rights Review
Volume 12, Number 1, March 2011 p.143-144

LAW JOURNAL / LAW REVIEW

25

Menno T Kamminga and Martin Scheinin, The Impact of Human Rights Law on General International Law
British Year Book of International Law
Volume 80, 2009 p.434

LAW JOURNAL / LAW REVIEW

26

Human Genetic Manipulation and the Right to Identity: The Contradictions of Human Rights Law in Regulating the Human Genome
Norberto Nuno Gomes de Andrade
SCRIPTed: a Journal of Law, Technology & Society
Volume 7, Issue 3, 2010 p.429-452

LAW JOURNAL / LAW REVIEW

This paper analyses an overlooked tension between the right to personal identity and the collective right to human identity in the context of human rights law as it applies to prospective human genetic modification. While the right to personal identity may justify a valid interest in the modification of one’s individual genome, the collective right to identity defends a global interest in the preservation of the human genome. Taking this tension into account, the article identifies a number of contradictions and problematic issues in the current international legal regulation of the human genome that undermine the right to personal identity. These are the cases of the notion of the human genome as common heritage of humanity and the unfounded idea of species integrity, among others. The article also argues that the Universal Declaration on the Human Genome and Human Rights (UDHGHR) and the Oviedo Convention, together with the UNESCO Bioethics Committee, adopt a “geneticist-identity framework” which favours a conception of human identity solely based on genetic components. By prohibiting any change to the constitution of that shared genetic inheritance, those international legal instruments place an unjustified brake on the possibility for human genetic modification. This, as the article explains, is at odds with the “personality-identity framework” of the European Convention on Human Rights Law (ECHR), which privileges a narrative and developmental idea of individual identity.

27

The right to health: The Convention on the Rights of Persons with Disabilities
Penny Weller
Alternative Law Journal
Volume 35, Number 2, 2010

LAW JOURNAL / LAW REVIEW

This article argues that the development of the right to health and mental health in International human rights law critically informs the Convention on the Rights of Persons with Disabilities. In particular, the continuity and complementarities between civil and political rights on the one hand, and economic, social and cultural rights on the other, underscores the Convention’s injunction to provide a comprehensive range of health, mental health and social services that are acceptable to the person, culturally appropriate, and provided on a voluntary basis. This article discusses the application of the Convention with a focus on the developing content of the right to health, the adoption of a social model of health in the Convention, and the significance of Article 24 on the right to enjoyment of the highest attainable standard of health.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Administrative law, Common law, European Convention on Human Rights, International human rights law, International humanitarian law.


Posted

in

, ,

by

Tags:

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *