In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United (...) Nations on 10 December 1948;Bearing in mind the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

The development of international human rights norms and law is an often-contentious process. Despite significant gains from recent research on the development and implementation of human rights law, little research has focused on strategies of contestation prior to final outcome documents like resolutions, declarations, or treaties. Amendments to UN Human Rights Council resolutions are a form of contestation, particularly validity contestation that happens prior to the passage of Council resolutions. This paper examines (...) the use of amendments by states using descriptive statistics from Council proceedings from 2006 through 2018 as well as case studies on women’s rights and civil society space to illustrate how states use amendments to frame their positions. Amendments are increasingly being used by states from the Global South to contest the validity of potential human rights norms at the Council. The long-term impacts of the use of amendments are an often overlooked but important part of the Council’s ability to promote and protect rights. (shrink)

Norm entrepreneurs have made significant strides in advancing sexual orientation and gender identity resolutions at the UN Human Rights Council. However, these advancements are being fiercely contested. This paper examines the development of SOGI at the Council including how states advocate for and contest SOGI and the extent to which their positions are mutable. Resolution 32/2 of 2016, which created an independent expert, is the central focus of the paper. Participant interviews and content analysis of documents (...) and statements are used to provide an in-depth analysis of how states advocate their positions on SOGI. The paper finds that framing is the primary tool used by states. Both proponents and opponents of SOGI believe their own positions are universal and adhere to prior international law, while their opponents’ positions are relativist and revisionist. The paper further finds that deadlock on SOGI resolutions is imminent until Member States’ domestic legislation changes. (shrink)

Critics of the United Nations Commission on Human Rights (CHR) and its successor, the Human Rights Council (HRC), focus on member state efforts to protect themselves and allies from external pressure for human rights implementation. Even though HRC members still shield rights abusers, the new Universal Periodic Review (UPR) subjects all states to regular scrutiny, and provides substantial new space for domestic NGOs to externalize domestic human rights demands. This paper (...) offers an institutional account of the expansion of NGO externalization opportunities from the CHR to the HRC, and during UPR institution building and Egypt’s 2010 UPR. It draws on 45 longitudinal, open-ended interviews with Egyptian human rights activists, donors, and other observers conducted in 2007 and 2010. (shrink)

: The Convention on Human Rights and Biomedicine developed by the Council of Europe, now undergoing ratification, is the first international treaty focused on bioethics. This article describes the background of the Convention's development and its general provisions and provides a comparison of its requirements with those of federal regulations governing research with human subjects. Although most provisions are comparable, there are significant differences in scope and applicability, for example, in the areas of compensation for injury, (...) research participation by persons with limited capacity to consent, assisted reproduction, organ transplantation, and research in emergency situations. The Convention represents a milestone in international bioethics and protection of human rights that will probably be referred to with increasing frequency. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

Does public condemnation or shaming of human rights abuses by the United Nations influence foreign aid delivery calculus across Western donor states? I argue that countries shamed in the United Nations Human Rights Council encourage donor states to channel more aid via international and local non-governmental organizations. Furthermore, I find this effect to be more pronounced with increased media coverage. The findings of this paper suggest that international organizations do influence advanced democracies’ foreign policy. Moreover, (...) the paper also finds that donor governments do not punish recipient leaders by scaling back on government-to-government aid, which is more fungible, despite public condemnations of their human rights practices owing largely to strategic concerns. These results are robust to a number of alternative data and estimation techniques. (shrink)

The expansion of the corpus of international human rights to include the right to water and sanitation has implications both for the process of recognizing human rights and for future developments in the relationships between technology, engineering and human rights. Concerns with threats to human rights resulting from developments in science and technology were expressed in the early days of the United Nations (UN), along with the recognition of the ambitious human (...) right of everyone “to enjoy the benefits of scientific progress and its applications.” This comment explores the hypothesis that the emerging concepts most likely to follow recognition of the human right to water primarily involve issues of science and technology, such as access to medicines or clean and healthy environment. Many threats to human rights from advances in science, which were identified in the past as potential, have become real today, such as invasion of privacy from electronic recording, deprivation of health and livelihood as a result of climate change, or control over individual autonomy through advances in genetics and neuroscience. This comment concludes by urging greater engagement of scientists and engineers, in partnership with human rights specialists, in translating normative pronouncements into defining policy and planning interventions. (shrink)

The purpose of this article is to continue the discussion on Europe’s converging criminal justice systems. In particular, I test a hypothesis that has recently appeared in the literature, which sees the jurisprudence of the European Court of Human Rights as one of the most significant factors that encourage a harmonization process between the adversarial and inquisitorial criminal justice systems of Europe. This claim is supported by examining the Court’s jurisprudence to identify decisions that led to legislative and (...) policy amendments in the domestic legal orders of the 46 member states of the Council of Europe. This account shows how an interplay currently taking place between judicial, policy, and statutory powers is marking the end of the adversarial-inquisitorial era. Finally, the conclusion identifies the three most important impediments that are likely to hamper this harmonization process. (shrink)

In July 2018, the Nuffield Council on Bioethics released the report Genome editing and human reproduction: Social and ethical issues, concluding that human germline modification of human embryos for implantation is not ‘morally unacceptable in itself’ and could be ethically permissible in certain circumstances once the risks of adverse outcomes have been assessed and the procedure appears ‘reasonably safe’. The Nuffield Council set forth two main principles governing anticipated uses and envisions applications that may include (...) health enhancements as a public health measure. This essay provides a critique of three aspects in the Nuffield Council’s Report: its presumption of therapeutic efficacy, its inflation of parental rights to create a certain type of child, and its reliance on a specially commissioned report that appears to distort key definitions in international law. (shrink)

This article focuses on the idea of ‘human rights city’ and explores its practice. It starts from the concepts of human rights cities and subsidiarity to explain what a human rights city is and delves into the existing literature identifying the challenges to guarantee human rights in local contexts, such as the legal framework, education and training, the institutional structure, and the resources. Our article is based on an empirical-based study of Madrid (...) Human Rights Plan (2017–2019). We carried out semi-structured interviews, focus group, and participant observation to grasp the obstacles that civil servants encounter in the implementation of the Plan. We identify five types of obstacles that we classify as conceptual, ideological, legal, organisational, and budgetary. Our study questions the idea that the local context, just because of its proximity to the citizenry, is the best equipped level of government to guarantee human rights. Without proper training and resources human rights can be lost in translation. Through the identification of such obstacles in a specific case study, we contribute to the academic debate on human rights in practice with the aim of fostering its guarantee in local contexts. (shrink)

PurposeThis paper presumes that a public policy document must aim at protecting human rights. The question being raised is- what kind of moral reasoning or grounding can we afford to the idea that human rights are important for the whole framework of public policy. The paper aims at looking at the moral and political philosophy of Immanuel Kant as we find it in his Groundwork of the Metaphysics of Morals and the Metaphysics of Morals for providing (...) this background.MethodThe paper provides an exegetical account of some of the key concepts in Kant’s moral philosophy and the application of these in socio-political contexts.Result and DiscussionThe processes involved in the framing of the document, the document itself, as well as the persons framing the document must aspire to respect and protect human rights. The implication itself rests on the principle that a moral end cannot be achieved by immoral means and protecting human rights is a moral end that all societies must seek to achieve. Hence not only the end, which in this case is the policy document itself, but the means, i.e., the processes of framing the documents and intentions of those responsible and accountable for it, must also be moral. (shrink)

The 1948 Universal Declaration of Human Rights recognized that “everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits”. As a result, cultural rights have been understood as inseparable from human rights and require protection mechanisms within particular international legal systems. The European continent is proud to have developed one of the most effective mechanisms of the human (...) rights protection by establishing the Council of Europe and adopting the European Court of Human Rights. The recent outbreak of the COVID-19 reformulated many concepts of access to human rights and possibilities to enjoy freedoms. Even if access to culture has been available online for many years, it is the time of globally occurring lockdowns that forced people to stay home and found themselves in a situation when all of a sudden online access to culture became the only way of access to culture. The article aims to analyze the current situation in Europe by asking questions if and how online access to culture is recognized and protected under the Council of Europe’s mechanisms with special emphasis on the case-law of the European Court of Human Rights in this field. (shrink)

For many women and girls sexist and misogynistic language is an everyday experience. Some instances of this speech can be categorized as ‘sexist hate speech’, as not only having an insulting or degrading character towards the individuals to whom the speech is addressed, but also resonating with the entire group, contributing to its silencing, marginalization and exclusion. The aim of this article is to examine how sexist hate speech is handled in international human rights law. The argument derives (...) from the claim than that legal discourse should distinguish between ‘sexist speech’ and ‘sexist hate speech’, and that the later may be qualified as a form of violence against women. Then it analyses the approaches of two human rights protection systems—the United Nations and the Council of Europe system—towards the phenomenon of sexist hate speech, by taking their position towards hate speech in general as a point of reference. In both systems, sexist hate speech is being addressed more eagerly under the gender equality framework, including counteracting violence against women, than in their interpretation of hate speech under general human rights law. The article argues the importance of recognizing and addressing sexist hate speech both within the framework of gender equality instruments and anti-hate speech framework established by international human rights bodies. (shrink)

In the past decade several international declarations have called for banning reproductive non-therapeutic and germ-line engineering. Article 11 of UNESCO’s Universal Declaration on the Human Genome and Human Rights states that practices that are contrary to human dignity such as cloning of human beings should not be permitted. Article 12 of the same declaration restricts genetic applications to the relief from suffering and the improvement of health. The European Council has also taken a strong (...) stand on germ-line genetic engineering in general and cloning in particular. Article 13 of the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine simply forbidsgerm-line engineering except for diagnostic or therapeutic purposes. The convention along with its explanatory report make it clear that the rationale for the decision is based, in large part, on the need to protect the dignity of persons.Several notions of dignity have been advanced to support bans on non-therapeutic germ-line engineering. I argue that they fail to provide a rationale for such a ban. I consider both secular and religious views of human dignity. In addition, I argue that there are forms of germ-line and non-therapeutic engineering that are compatible with human rights. (shrink)

Over the past several years, the human rights implications of climate change have become more evident. While extreme weather events and slow onset changes caused by climate change affect the exercise of human rights, the implementation of climate change policies - in relation to both mitigation and adaptation - may also lead to the infringement of the rights of indigenous peoples and local communities. Despite this recognition by the UN Human Rights Council (...) and other bodies, the international climate change regime has failed to address these implications, recognizing only in 2010 the importance for parties to respect human rights in the implementation of the Framework Convention. The adoption of the Durban Platform for Enhanced Action (ADP), together with the reform of existing mechanisms and the operationalization of new institutions, offers several opportunities to ensure the adequate fulfillment of human rights obligations under the Convention. In this commentary, we highlight four concrete options available to the parties in the upcoming negotiations to guarantee the respect of substantial and procedural rights of all the stakeholders and to offer a redress mechanism in the case of loss and damages caused by climate change. (shrink)

Since the UN Guiding Principles on Business and Human Rights were adopted by the UN Human Rights Council in 2011, they have diffused into policy frameworks, laws, and regulations across the globe. This special issue seeks to advance the interdisciplinary field of human rights research by examining key elements of the emerging transnational regime for the regulation of business and human rights. In seven original contributions, scholars from political science, law, accounting, (...) and philosophy critically reflect on the theoretical foundations of the UNGPs, they analyze the effectiveness of implementation mechanisms and current regulatory practice, and they advance proposals for the future development of the business and human rights regime. In this introduction, we prepare the ground for these analyses, proceeding in three steps. Firstly, we argue that the adoption of the UNGPs has triggered a norm cascade which requires a distinctive, empirically oriented research agenda focusing on the scope, governance, and effectiveness of corporate human rights accountability norms and instruments. Secondly, we explain how the articles in this special issue contribute to that research agenda by addressing these themes. Thirdly, we provide an overview of the individual contributions and point out avenues for future research. (shrink)

It is often argued that concerns about the equity of a global climate agreement might appropriately be addressed in the language of human rights. The human rights approach has been promoted by a number of international political actors, including the UN Human Rights Council. As such, human rights are instrumentally applied as a solution to what could be called the “justice problem” in climate negotiations. In order to assess the degree to (...) which human rights could be a useful approach to the justice problem with regard to to climate change, four major issues need to be examined. First, there is the distinction between human rights as protection against climate change versus the right to emit greenhouse gases. Both understandings are found in the debate on climate justice, but they are often not made explicit. Second, the “human rights as protection” approach with a focus on right holders, both presently and in the future, needs to be elucidated, as well as the human rights principles that are at stake, and the duties and duty holders involved. Third, the human right to emit greenhouse gases needs to be clarified in the context of subsistence rights and equal per capita emission rights. Finally, there is the question of whether the cosmopolitan conception of human rights is at odds with the goal of ensuring that individuals assume responsibility for their own carbon-dependent lifestyle. (shrink)

It is common knowledge that modern political societies, and to even greater extent contemporary ones, are characterized by pluralism. The term is used to describe situations which contain within the same society individuals and groups associated by various religions, various cultures, and various ethical systems. This is the consequence of several historical phenomena of widespread influence, which began in modern epoch and has intensified in the contemporary era, such as secularization, emigration, the establishment of democratic regimes in an even-larger number (...) of states. The thesis defended here is that the function of what Aristotle called the endoxa today can be performed by human rights, that is by the statements contained in the great declarations of rights found in national constitutional documents and in charters of the great international organizations, such as the United Nations, the Council of Europe, the Organization of African Unity, the Organization of the Islamic Conference, etc. (shrink)

In the past decade several international declarations have called for banning reproductive non-therapeutic and germ-line engineering. Article 11 of UNESCO’s Universal Declaration on the Human Genome and Human Rights states that practices that are contrary to human dignity such as cloning of human beings should not be permitted. Article 12 of the same declaration restricts genetic applications to the relief from suffering and the improvement of health. The European Council has also taken a strong (...) stand on germ-line genetic engineering in general and cloning in particular. Article 13 of the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine simply forbidsgerm-line engineering except for diagnostic or therapeutic purposes. The convention along with its explanatory report make it clear that the rationale for the decision is based, in large part, on the need to protect the dignity of persons.Several notions of dignity have been advanced to support bans on non-therapeutic germ-line engineering. I argue that they fail to provide a rationale for such a ban. I consider both secular and religious views of human dignity. In addition, I argue that there are forms of germ-line and non-therapeutic engineering that are compatible with human rights. (shrink)

Resolutions in the United Nations Human Rights Council and General Assembly provide clarification of economic, social, and cultural (ESC) rights, and most of these resolutions pass by consensus. Yet these resolutions are more contentious than they appear. This article analyzes a case study of contestation over resolutions on two ESC rights: water and sanitation. Drawing from theories of norms contestation, this article analyzes how the USA, UK, and Canada challenged the creation of the rights (...) to water and sanitation as rights and as norms. An analysis of all resolutions, archival research, and interview data reveals that while challengers failed to stop water and sanitation from becoming legal human rights, they successfully delayed the process and weakened the normative aspect of the rights. The findings show that while powerful actors may not be opposed to ESC rights in theory, they worked to keep these rights weak and aspirational. (shrink)

Whats human rights got to do with it? That is, whats human rights got to do with the June 2004 report of the Social Sciences and Humanities Research Ethics Special Working Committee to the Inter-Agency Advisory Panel on Research Ethics. The disturbing answer is not enough. Certain key recommendations of the working committee, it is suggested, would unacceptably weaken the researchers legal and moral accountability to research participants. Those particular recommendations rely on misguided references to academic (...) freedom and the nature of the non-medical research context. In fact, universal human rights, and the legal instruments in which they are embodied ought to inform the research endeavor at every stage; from problem selection to analysis and conclusions. This will lead us closer to shared truths rather than simply to the academic elites vision of truth. Without sufficient regard for the human rights of research participants academic freedom itself is not possible. (shrink)

In this article we consider some of the implications of the UK Human Rights Act 1998 for nurses in practice. The Act has implications for all aspects of social life in Britain, particularly for health care. We provide an introduction to the discourse of rights in health care and discuss some aspects of four articles from the Act. The reciprocal relationship between rights and obligations prompted us to consider also the relationship between guidelines in the United (...) Kingdom Central Council’s Code of professional conduct and the requirements of the Human Rights Act 1998. We conclude with the recommendation that the new legislation should be welcomed for its potential to support good practice and to urge critical and reflective practice rather than as yet another burdensome bureaucratic imposition. (shrink)

In this article we consider some of the implications of the UK Human Rights Act 1998 for nurses in practice. The Act has implications for all aspects of social life in Britain, particularly for health care. We provide an introduction to the discourse of rights in health care and discuss some aspects of four articles from the Act. The reciprocal relationship between rights and obligations prompted us to consider also the relationship between guidelines in the United (...) Kingdom Central Council’s Code of professional conduct and the requirements of the Human Rights Act 1998. We conclude with the recommendation that the new legislation should be welcomed for its potential to support good practice and to urge critical and reflective practice rather than as yet another burdensome bureaucratic imposition. (shrink)

Working at the bedside and within communities as patient advocates, nurses frequently intervene to advance individuals’ health and well-being. However, the International Council of Nurses’ Code of Ethics asserts that nurses should expand beyond the individual model and also promote a rights-enabling environment where respect for human dignity is paramount. This article applies the results of an ethnographic human rights study with displaced populations in Rwanda to argue for a rights-based social advocacy role for (...) nurses. Human rights advocacy strategies include sensitization, participation, protection, good governance, and accountability. By adopting a rights-based approach to advocacy, nurses contribute to health agendas that include more just social relationships, equitable access to opportunities, and health-positive living situations for all persons. (shrink)

Since the UN Guiding Principles on Business and Human Rights were adopted by the UN Human Rights Council in 2011, they have diffused into policy frameworks, laws, and regulations across the globe. This special issue seeks to advance the interdisciplinary field of human rights research by examining key elements of the emerging transnational regime for the regulation of business and human rights. In seven original contributions, scholars from political science, law, accounting, (...) and philosophy critically reflect on the theoretical foundations of the UNGPs, they analyze the effectiveness of implementation mechanisms and current regulatory practice, and they advance proposals for the future development of the business and human rights regime. In this introduction, we prepare the ground for these analyses, proceeding in three steps. Firstly, we argue that the adoption of the UNGPs has triggered a norm cascade which requires a distinctive, empirically oriented research agenda focusing on the scope, governance, and effectiveness of corporate human rights accountability norms and instruments. Secondly, we explain how the articles in this special issue contribute to that research agenda by addressing these themes. Thirdly, we provide an overview of the individual contributions and point out avenues for future research. (shrink)

The relationship between Eastern Orthodoxy and the political ethos of the West is of crucial importance for contextualizing the Church’s social engagement in the present day. Aristotle Papanikolaou and Vigen Guroian highlight points of tension in their respective accounts of the relationship between the Orthodoxy and western democratic social orders. Analysis of their argument provides a context for examining their contrasting understandings of human rights as a dimension of the public engagement of Orthodox Christians with the political realm. (...) While neither completely rejects appeals to human rights, neither claims that such rhetoric manifests the full truth about the dignity of the human person according to the theological anthropology of Orthodox Christianity. Patriarch Bartholomew of Constantinople, Archbishop Anastasios Yannoulatos of Albania, the statements of the Council of Crete, and several other contemporary Orthodox voices place appeals to human rights in a theologically nuanced context that affirms their legitimacy while refraining from identifying them with the fullness of the moral and spiritual vision of Orthodox Christianity. Analysis of the debate between Papanikolaou and Guroian gives rise to a tentative affirmation of the critical use of the language of human rights in Eastern Orthodox social ethics. (shrink)

Name der Zeitschrift: Jahrbuch für Wissenschaft und Ethik Jahrgang: 20 Heft: 1 Seiten: 355-366.

Public protest continued to represent a prominent form of social activism in democratic societies during the COVID-19 pandemic. In Australia, a lack of specific legislation articulating protest rights has meant that, in the context of pandemic restrictions, such events have been treated as illegal mass gatherings. Numerous large protests in major cities have, indeed, stirred significant public debate regarding rights of assembly during COVID-19 outbreaks. The ethics of infringing on protest rights continues to be controversial, with opinion (...) divided as to whether public health goals or human rights should take precedence. This paper applies public health ethical theory to an in-depth analysis of arguments on both sides of the debate. Using the Nuffield Council on Bioethics framework as a backdrop, proportionality and necessity of restrictions are understood as key concepts that are common to both public health and human rights perspectives. The analysis presented here finds a middle-ground between the prevailing arguments on opposing sides and is further able to rationalize the use of protest itself as an important element of a mature public health ethics response to restrictive policy. Thus, this paper aims to influence public health policy and legislation regarding protest rights during public health emergencies. (shrink)

Although issues of morals and ethics remain largely a national matter, the European Community (EC) and the Council of Europe have taken an increasing interest in identifying and harmonizing the often conflicting policies of the European countries on bioethical matters. This article examines the role these organizations are playing and identifies some of the initiatives that have been taken in specific areas.

In June 2022, the Supreme Court of the United States overturned Roe v. Wade. The European Court of Human Rights is also expected to decide on several abortion cases. In this paper, the interpretative approaches of both courts are compared. Whereas the U.S. Supreme Court in Dobbs v. Jackson Women’s Health Organization decided on an originalist approach to the Constitution, the highest European court has always regarded the European Convention on Human Rights as a living instrument. (...) As a result, domestic laws regulating the interruption of pregnancy are seen by the Strasbourg court as interferences with a fundamental right, the right to respect for private life. Although member states of the Council of Europe enjoy a wide margin of appreciation with regard to the circumstances in which abortion will be permitted, its highest court put forward the state’s positive obligation to secure pregnant women’s right to effective respect for their physical and psychological integrity in several landmark judgments. In this way, it ensures the existence of effective mechanisms in countries with a poor record of implementing the right to a lawful abortion. Albeit at a minimum, the Strasbourg court offers protection, whereas the U.S. Supreme Court no longer does. (shrink)

In 2011 it emerged that to induce the death penalty, United States authorities had begun giving injections of pentobarbital, a substance provided by Danish pharmaceutical company Lundbeck. Lundbeck's product pentobarbital is licensed for treatment of refractory forms of epilepsy and for usage as an anaesthetic, thus for a very different purpose. The Lundbeck case offers a difficult, but also interesting Corporate Social Responsibility (CSR) dilemma between choices facing a pharmaceutical company to stop the distribution of a medical substance in order (...) to avoid complicity in human rights violations, or to retain distribution of the substance in order not to impede access to the medicine for those patients who need it. The dilemma arose at a time when the United Nations (UN) Secretary General's Special Representative on Business and Human Rights, Professor John Ruggie, was finalizing a set of Guiding Principles to operationalize recommendations on business and human rights that he had presented to the UN Human Rights Council in 2008. The article discusses the dilemma in which Lundbeck was placed in from the perspective of the Guiding Principles on business and human rights and the 2008 Protect, Respect, Remedy UN Framework. The analysis seeks to assess what guidance may be gauged from the Guiding Principles in relation to the dilemma at hand and discusses the adequacy the Guiding Principles for dealing with acute human rights dilemmas of conflicting requirements in which a decision to avoid one type of violation risks causing violation of another human right. The article concludes by drawing up perspectives for further development of guidance on implementation of the UN Framework that could be considered by the newly established Working Group on Business and Human Rights and related UN bodies. (shrink)

Abstract:This paper argues that the activities of environmental protectors often mitigate climate change, and therefore the United Nations Framework Convention on Climate Change (UNFCCC) and Human Rights Council (HRC) should extend explicit protection to land and environmental defenders on this basis. First, we overview who and where protectors are, what they are protecting, and annual data on protector murders. Next, we examine the case of Berta Cáceres, murdered in Honduras in 2016, to show collusion of state and (...) capital in defender silencing. Then we show how criminalization of defenders is a strategy to undermine their public support, followed by assessment of the powerlessness of international law to hold oppressors accountable. Next, we connect protectors to climate change by indicating mitigation consequences of their work. Finally, we explain a factor common to the UNFCCC and the HRC that precludes their recognition of protectors' activities as mitigation, particularly with respect to women defenders, and make recommendations concerning how international law might more effectively protect defenders. (shrink)

Human rights legislation pertaining to applications of human genetic science is still lacking at an international level. Three international human rights documents now serve as guidelines for countries wishing to develop such legislation. These were drafted and adopted by the United Nations Educational, Scientific and Cultural Organization, the Human Genome Organization, and the Council of Europe. It is critically important that the international nursing community makes known its philosophy and practice-based knowledge relating to (...) ethics and human rights, and contributes to the globalization of genetics. Nurses have particular expertise because they serve in a unique role at grass roots level to mediate between genetic science and its application to public health policies and medical interventions. As a result, nurses worldwide need to focus a constant eye on human rights ideals and interpret these within social, cultural, economic and political contexts at national and local levels. The purpose of this article is to clarify and legitimate the need for an international declaration on nursing, human rights, human genetics and public health policy. Because nurses around the world are the professional workforce by which genetic health care services and genetic research protocols will be delivered in the twenty-first century, members of the discipline of nursing need to think globally while acting locally. Above all other disciplines involved in genetics, nursing is in a good position to articulate an expanded theory of ethics beyond the principled approach of biomedical ethics. Nursing is sensitive to cultural diversity and community values; it is sympathetic to and can introduce an ethic of caring and relational ethics that listen to and accommodate the needs of local people and their requirements for public health. (shrink)

The following article analyzes the process of conception, elaboration, and adoption of the Universal Declaration of Bioethics and Human Rights, and reflects on the lessons it might hold for public bioethics on the international level. The author was involved in the process at a variety of levels: he provided advice to the IBC on behalf of the President's Council of Bioethics; he served as the U.S. representative to UNESCO's Intergovernmental Bioethics Committee; and led the U.S. Delegation in (...) the multilateral negotiation of Government experts that culminated in the adoption of the declaration in its final form. The author is currently serving a 4-year term as a member of UNESCO's International Bioethics Committee. (shrink)

The Baltic States – Estonia, Lithuania and Latvia – are democratic states of law that respect human rights. As members of the Council of Europe, they implemented into domestic law the Convention on the Protection of Human Rights and Fundamental Freedoms (known as the European Convention on Human Rights) – an international document for the universal protection of human rights adopted by the Council of Europe. The aim of the paper (...) is to analyze whether and to what extent did Estonian, Lithuanian and Latvian citizens file individual complaints to the European Court of Human Rights over the past thirteen years (2006–2018). The paper is to answer the question if the Baltic Sates’ systems of human rights protection are effective. One of the indicators of effectiveness is the number of complaints brought from the Baltic States to the ECtHR in relation to the number of inhabitants and also in comparison with the total number of complaints from the 47 member states of the Council of Europe as whole. The analysis will cover statistics on the number of judgments in Estonian, Lithuanian and Latvian cases before the Court in Strasbourg issued between 2006 and 2018. This will be helpful in determining the degree and the type of violations by the Baltic States of the human rights protected by the European Convention on Human Rights. (shrink)

RESUMEN: El trabajo aborda las sanciones inteligentes aplicadas por el Consejo de Seguridad de la ONU en la lucha contra el terrorismo y tiene como objetivo analizar el impacto de aquellas en el ámbito de los derechos humanos, con énfasis en el derecho a la tutela judicial efectiva, lo que suscita complejas divergencias, cuyo análisis implica examen de cómo ocurre la articulación entre el Consejo de Seguridad de la ONU y los Estados demandados por éste en la aplicación de las (...) dichas medidas, así como cuáles son los parámetros de vinculación y limitación de estos. ABSTRACT: The work addresses the smart sanctions applied by the UN Security Council in the fight against terrorism and aims to analyze the impact of those in the field of human rights, with emphasis on the right to effective judicial protection, which raises complex divergences, whose analysis implies an examination of how the articulation between the UN Security Council and the States demanded by it in the application of these measures takes place, as well as the parameters of linkage and limitation of these. PALABRAS CLAVE: terrorismo, sanciones inteligentes, derechos humanos, tutela judicial efectiva. KEYWORDS: terrorism, smart sanctions, human rights, effective judicial protection. (shrink)

This article examines the criteria for determining when a local authority owes a duty of care at Common Law, concurrent with statutory obligations, in light of the decisions of the House of Lords in X (Minors) v Bedfordshire County Council and M (A Minor) v Newham Borough Council. The various policy arguments employed by their Lordships are analysed and located within current debate regarding the purpose and scope of the tort of negligence. It is argued that, in relevant (...) circumstances, English courts should have regard to the European Convention on Human Rights in order to conclude whether it is ‘just and reasonable’ to impose a duty of care. The cases under discussion raised issues under several Articles of the Convention (Article 6 and Article 8, in particular), and their impact upon the decision of the House of Lords, as well as the facts themselves, is assessed. (shrink)

In the absence of centralized human rights leadership in an increasingly fragmented global health policy landscape, regional health offices have stepped forward to advance the rights-based approach to health. Reviewing the efforts of the Pan American Health Organization, this article explores the evolution of human rights in PAHO policy, assesses efforts to mainstream human rights in the Pan American Sanitary Bureau, and analyzes the future of the rights-based approach through regional health governance, (...) providing lessons for other regional health offices and global health institutions. This article explores PAHO's 15-year effort to mainstream human rights through PASB technical units, national capacity-building, the Inter-American human rights system, and the PAHO Directing Council. Through documentary analysis of PAHO policies and semi-structured interviews with key PASB stakeholders, the authors analyze the understandings and actions of policymakers and technical officers in implementing human rights through PAHO governance. Analyzing the themes arising from this narrative, the authors examine the structural role of secretariat leadership, state support, legal expertise, and technical unit commitment in facilitating a rights-based approach to the health in the Americas. Human rights are increasingly framing PAHO efforts, and this analysis of the structures underlying PAHO's approach provides an understanding of the institutional determinants of the rights-based approach to health, highlighting generalizable themes for the mainstreaming of human rights through regional health governance. With this regional-level understanding of health governance, future national-level research can begin to understand the causal forces linking regional human rights work with national policy reforms and public health outcomes. (shrink)

Russia’s relations with the European Court of Human Rights since the time of Russia’s accession to the Council of Europe have received a lot of attention on the part of academic scholars, practitioners, and media. Research on the ECtHR became especially important in the context of the twentieth anniversary of Russia’s acceptance of ECtHR jurisdiction that coincided with the unprecedented worsening of relations between Russia and the European countries due to the 2014 Crimea annexation. With voices that (...) consistently advocate Russia’s exit from the CoE, we believe it necessary to examine Russia-ECtHR relations as they are presented in the academic narrative. Drawing mostly on Russian-language sources, we want to highlight the variety of overarching themes and arguments relating to the crisis caused by the 2015 Constitutional Court Decision. We would like to examine various dimensions of this “crisis,” in order to be able to conclude whether Russia’s reaction to the Markin case and cases of non-compliance that followed was indeed part of a broader strategy of “backlash against international courts” we are currently witnessing worldwide. In the conditions when Russia’s exit from the Council of Europe is as likely as ever, the possibility of the “snowball effect” on the part of other member states threatens undermine the very raison d’être of the European human rights protection system. (shrink)

In October 2005, UNESCO (the United Nations Educational, Scientific and Cultural Organization) adopted the Universal Declaration on Bioethics and Human Rights. This was the culmination of nearly 2 years of deliberations and negotiations. As a non-binding instrument, the declaration must be incorporated by UNESCO’s member states into their national laws, regulations or policies in order to take effect. Based on documentary evidence and data from interviews, this paper compares the declaration’s universal principles with national bioethics guidelines and practice (...) in Kenya and South Africa. It concentrates on areas of particular relevance to developing countries, such as protection of vulnerable persons and social responsibility. The comparison demonstrates the need for universal principles to be contextualised before they can be applied in a meaningful sense at national level. The paper also assesses the ‘added value’ of the declaration in terms of biomedical research ethics, given that there are already well-established international instruments on bioethics, namely the World Medical Association Declaration of Helsinki and the CIOMS (Council for International Organizations of Medical Sciences) guidelines on biomedical research. It may be that the added value lies as much in the follow-up capacity building activities being initiated by UNESCO as in the document itself. (shrink)

A symposium on the subject "The Crisis of Bourgeois Democracy and Violation of Human Rights in the Capitalist World" took place in Moscow in December 1976. The symposium was conducted by the Institute of State and Law and the Learned Council of the USSR Academy of Sciences on Problems of Ideological Currents Abroad.