Human Rights

Derechos Humanos / Human Rights

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encuentro_10African Commission Should Support Rights in Gambia

Source: Human Rights Watch 

October 27, 2016.

“We want you to help us.” This was the message a Gambian human rights activist delivered to the African Commission on Human and Peoples’ Rights at a Gambia-focused panel discussion in Banjul, Gambia’s capital, on Friday.

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The Scope of Third-Party Responsibility for Serious Human Rights Abuses under the European Convention on Human Rights.

Source: International Law Report

By Stephen Allen
October 14, 2016.
This article examines the evolution of third-party responsibility, under the European Convention on Human Rights, for the wrongful acts of foreign officials within a Contracting State’s jurisdiction. It explores the limits of the complicity test endorsed by the European Court of Human Rights in El-Masri, Al Nashiri and Abu Zubaydah—that a Contracting State’s officials connived or acquiesced in such wrongdoing—in this context. It argues that, in accordance with the Convention’s positive obligations, responsibility should be determined by what those officials ought to have known and done as a result of credible reports, alleging that serious human rights abuses were being committed, having entered the public domain by the material time. To this end, the article examines the potential significance of allegations that officials of the United States of America ill-treated and arbitrarily detained individuals, pursuant to its Central Intelligence Agency’s Detention and Interrogation Programme, in the British Indian Ocean Territory.

Derechos Humanos / Human Rights

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Distinguished jurist Navi Pillay discusses state sovereignty and human rights

Source: Int Law Grrls

October 19, 2016. United States. 
“The biggest violators of human rights are states themselves, by commission or omission.”
This quote by Navi Pillay aptly summarized her talk on “National Sovereignty vs. International Human Rights.” Pillay, whose renowned legal career has included posts as U.N. High Commissioner for Human Rights and as a judge on the International Criminal Court and the International Criminal Tribunal for Rwanda, spoke this morning at the University of Georgia School of Law Atlanta campus.

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file000921074758Human Rights in a Positive State

By Laurens Lavrysen

Source: International Law Reporter

October 14, 2016.
The European Court of Human Rights has long abandoned the view that human rights merely impose obligations of restraint on State authorities (so-called negative obligations). In addition, States are under positive obligations to take steps to actively protect and ensure the rights and freedoms guaranteed by the European Convention on Human Rights.

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wm213490ttCall for Papers: Critical Approaches to Irregular Migration Facilitation: Grounding the Theory and Praxis of Human Smuggling

Source: Int Law Grrls

October 12, 2016

The facilitation of irregular migration – labelled by the state as migrant, people or human smuggling – has been primarily articulated as a violent, exploitative practice under the control of transnational crime. It has also been tied to often problematic articulations of class, race, gender, informal forms of labour and sex work. Furthermore, the language of crisis, crime, violence and humanitarianism often associated with references to smuggling has reified specific geographic locations and their people as inherently dangerous and in need of surveillance and control. Amid this context, the explosive militarization of border control practices and stricter immigration criminalization policies have been articulated as the only effective measures to fight the alleged spread of smuggling, depicted as a global security threat under the control of networks of vast, dark reach.

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Derechos Humanos /Human Rights

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Wrapup: can corporations be trusted to tackle modern slavery?

Source: openDemocracy

October 13, 2016
Enforcement of labour protections will remain an issue, but there’s still a reason to require corporate due diligence on forced labour in supply chains.

There seems to be consensus amongst the contributors that self regulation of business on its own is not sufficient to address modern slavery and must be bolstered by strong and binding laws. Many references were made to a new binding international instrument, the possible ILO decent work in global supply chains, and the accountability gaps that exist in the current international legal framework.

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Derechos Humanos / Human Rights

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Approaching States’ Obligations under a Treaty on TNCs and other business enterprises in Regard to Human Rights

Source:  Global policy

The duty of the State to protect against human rights violations by private entities and to ensure remedies for victims of such violations is well established under international human rights law. It has also been recognized by the Guiding Principles (GPs) on Business and Human Rights. Yet, given the globalized and rapidly evolving economic realities driven by multinational corporations, individual States often face limitations in their ability to respond to human rights violations by private entities and to exercise their sovereign right to regulate. John Ruggie had noted in a 2008 report that legal rights of transnational corporations have been expanded significantly over the past generation, creating instances of imbalances between firms and States that may be detrimental to human rights.

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