European Union Charter of Fundamental Rights Reference library
Encyclopedia of Human Rights
...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...
Right to Health and Health Care Reference library
Encyclopedia of Human Rights
...) and the Inter-American 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...
Children's Convention Reference library
Encyclopedia of Human Rights
...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...
Nuremberg and Tokyo Trials Reference library
Encyclopedia of Human Rights
...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...
Disability Rights Reference library
Encyclopedia of Human Rights
...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...
International Court of Justice Reference library
Encyclopedia of Human Rights
...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...
India from Indira Gandhi's Emergency Reference library
Encyclopedia of Human Rights
...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...
Economic, Social, and Cultural Rights Reference library
Encyclopedia of Human Rights
...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...
Right to Food and Adequate Standard of Living Reference library
Encyclopedia of Human Rights
...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,...
