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justiciability

This term ‘has acquired popularity with politicians as well as with lawyers. It is, however, used ambiguously to designate the suitability of a dispute for settlement, both as to law ... ...

European Union Charter of Fundamental Rights

European Union Charter of Fundamental Rights   Reference library

Encyclopedia of Human Rights

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, Human Rights and Immigration, Social sciences
Length:
3,159 words

...this provision evidently is to distinguish between (fully justiciable) rights and (less justiciable) principles. In itself such a distinction is not uncommon in the international human rights discourse. But this distinction is not reflected by the wording of the Charter itself. For instance, Article 23 of the Charter (Article II-83 TCE) refers to equal treatment between men and women as “the principle of equality,” while the right to equal treatment has clearly been recognized by the ECJ as a justiciable right. The EU Charter and the European Convention on Human...

Limburg Principles on Socioeconomic Rights

Limburg Principles on Socioeconomic Rights   Reference library

Encyclopedia of Human Rights

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, Human Rights and Immigration, Social sciences
Length:
3,268 words

...human rights law and to point out that the realization of the object and purpose of the Covenant may be achieved through various strategies and in a variety of political and economic settings. Principle 8 emphasizes the key importance of making socioeconomic rights justiciable, that is, suitable for judicial review and enforcement before a court of law through the creation of effective (legal) remedies. Part 1(B) contains an interpretation of Article 2(1) of the ICESCR, the general obligation of states progressively to realize the rights listed in...

Right to Health and Health Care

Right to Health and Health Care   Reference library

Encyclopedia of Human Rights

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, Human Rights and Immigration, Social sciences
Length:
9,091 words

...Commission on Human Rights ( IACHR ). A distinction should be made here among the national, regional, and international levels. National courts differ strongly on the question of whether a right to health is justiciable, that is, enforceable before a court of law. This underlines the notion expressed by several scholars that justiciability is a “fluid notion,” because it may vary from court to court and may evolve over time. An example of a national case in which the right to health was enforced before a court of law concerns the decision of the...

Children's Convention

Children's Convention   Reference library

Encyclopedia of Human Rights

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, Human Rights and Immigration, Social sciences
Length:
6,114 words

...and adults. As with other international human rights treaties, the CRC does not formally oblige states to directly incorporate its provisions within their national legal framework. It is clear, however, from the committee's General Comment No. 5 ( 2003 ) that it regards the justiciability of Convention rights at the national level and, in particular, the creation of child-sensitive procedures and remedies as essential steps in ensuring the full implementation of the CRC. The idea that states have positive obligations to adopt domestic measures concerning the...

B'Tselem

B'Tselem   Reference library

Encyclopedia of Human Rights

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, Human Rights and Immigration, Social sciences
Length:
3,146 words

...Gaza .] Bibliography Avni, Ronit . “ Mobilizing Hope: Beyond the Shame-Based Model in the Israeli-Palestinian Conflict. ” American Anthropologist 108, no. 1 (March 2006): 205–214. Ben-Naftali, Orna , and Keren R. Michaeli . “ Justice-Ability: A Critique of the Alleged Non-justiciability of Israel's Policy of Targeted Killings. ” Journal of International Criminal Justice 1 (2003): 368–405. B’Tselem: The Israeli Information Centre for Human Rights in the Occupied Territories. http://www.btselem.org . Byman, Daniel . “ Do Targeted Killings Work? ” Foreign...

Right to Housing and Shelter

Right to Housing and Shelter   Reference library

Encyclopedia of Human Rights

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, Human Rights and Immigration, Social sciences
Length:
3,827 words

...aspects of the right to housing, so that all residents may fully enjoy that right within the shortest possible time, in a nondiscriminatory fashion. A leading case treating the issue of positive state obligations regarding the right to housing, and in fact a landmark case on justiciability of socioeconomic rights in general, is Government of the Republic of South Africa and Others v. Grootboom and Others ( 2000 ). The case involved a community of about nine hundred people living in shacks, who decided to move out and occupy vacant, privately owned land. After...

Housing Rights

Housing Rights   Reference library

Encyclopedia of Human Rights

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, Human Rights and Immigration, Social sciences
Length:
3,117 words

...laid down the concrete elements that make up the right to adequate housing. In doing so, the committee provides the specificity necessary, not only to monitor compliance with the right to adequate housing, but also to ensure that this right can be enforced, including through justiciability before domestic and international courts. These seven elements are legal security of tenure; availability of services, materials, facilities, and infrastructure; affordability; habitability; accessibility; location; and cultural adequacy. In 1997 the committee adopted...

Disability Rights

Disability Rights   Reference library

Encyclopedia of Human Rights

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, Human Rights and Immigration, Social sciences
Length:
13,025 words

...all retrospectively oriented and dependent on the willingness (and ability) of individuals to litigate. Also, individual complaints do not necessarily have institutional implications. As a corollary, universalists call for proactive human rights measures in combination with justiciable rights for individuals. What the adherents of both views have in common is that they reject the idea that segregation, economic marginalization, and dependency are intrinsically interrelated with functional impairments but instead maintain that obstacles to integration and...

Nuremberg and Tokyo Trials

Nuremberg and Tokyo Trials   Reference library

Encyclopedia of Human Rights

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, Human Rights and Immigration, Social sciences
Length:
6,043 words

...this task might be carried out. This commission recommended that a tribunal be established to try those of the enemy who had committed war crimes or crimes against humanity. The commission also found that the German aggression itself, while despicable and unnecessary, was not justiciable (the dissenting Americans believed that the same problem existed in relation to the systematic attacks on the civilian population that constituted crimes against humanity). These debates are important because they anticipate some of the problems encountered at Nuremberg and...

Racial Discrimination Convention

Racial Discrimination Convention   Reference library

Encyclopedia of Human Rights

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, Human Rights and Immigration, Social sciences
Length:
5,280 words

...its recurring examinations of a particular country to detect developments and changes over time. In its dealings with individual communications CERD is contributing to the development of international jurisprudence on economic, social, and cultural rights, thus deepening the justiciability of these rights. Monitoring In the aftermath of World War II the focus was on developing a normative framework for the effective protection of human rights. In the new century, however, attention has increasingly been given to the implementation of international human rights...

Economic, Social, and Cultural Rights

Economic, Social, and Cultural Rights   Reference library

Encyclopedia of Human Rights

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, Human Rights and Immigration, Social sciences
Length:
6,636 words

...and the right to vote, generally amount to restraints on the state. Thus, they are considered negative rights. That is, the state cannot prohibit freedom of association, nor can it arbitrarily deny certain citizens the right to vote. The Civil Covenant is generally viewed as justiciable. That is, a court can determine that a particular state law or practice violates the Civil Covenant. Such a determination, in turn, can be enforced by a court order requiring the state to void the offending law or cease the offending practice. The state can often do so quite...

International Court of Justice

International Court of Justice   Reference library

Encyclopedia of Human Rights

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, Human Rights and Immigration, Social sciences
Length:
6,961 words

...of international law. Max Planck Institute for Comparative Public Law and International Law. World Court Digest . http://www.mpil.de/ww/en/pub/research/details/publications/institute/wcd.cfm . McWhinney, Edward . Judicial Settlement of International Disputes: Jurisdiction, Justiciability, and Judicial Law-Making of the Contemporary International Court . Dordrecht, the Netherlands, and Boston: Martinus Nijhoff, 1991. Patel, Bimal N. , ed. The World Court Reference Guide: Judgments, Advisory Opinions, and Orders of the Permanent Court of International Justice...

Right to Food and Adequate Standard of Living

Right to Food and Adequate Standard of Living   Reference library

Encyclopedia of Human Rights

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, Human Rights and Immigration, Social sciences
Length:
8,840 words

...groups, and monitoring compliance with the obligations relating to the human right to adequate food. The Special Rapporteur addresses issues such as gender discrimination, trade liberalization, genetically modified food, food sovereignty, armed conflict, nutrition, and justiciability. (His reports may be accessed at the Web site of the High Commissioner for Human Rights, at http://www.unhchr.ch/html/menu2/7/b/mfood.htm and also at his own Web site, at http://www.righttofood.org/ .) Voluntary Guidelines Although there have been many global conferences,...

India from Indira Gandhi's Emergency

India from Indira Gandhi's Emergency   Reference library

Encyclopedia of Human Rights

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, Human Rights and Immigration, Social sciences
Length:
9,017 words

...of state policy. The preamble also outlines the basic structure of the constitution, laying out the aspirations of the people and serving as a guide for the interpretation of the constitution's provisions. Strengthening fundamental rights. Fundamental rights are enforceable or justiciable in India's federal high courts and the national supreme court. The provision guaranteeing use of the courts for remedy in the instance of human rights violations is itself a fundamental right. Some of the other important rights outlined in the constitution are the right to...

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