Human Rights and the Unborn Child

This challenging volume gathers a selection of the mass of material available from the major human rights instruments, from first drafts, legislative histories, and contemporary commentaries, from more recent scholarship as well as from the ...

Human Rights and the Unborn Child

Author: Rita Joseph

Publisher: BRILL

ISBN: 9004175601

Page: 347

View: 874

This challenging volume gathers a selection of the mass of material available from the major human rights instruments, from first drafts, legislative histories, and contemporary commentaries, from more recent scholarship as well as from the General Comments and Concluding Observations and Recommendations of the various treaty monitoring bodies relating to the topic of the unborn child. Contemporary reinterpretations of these documents are held up to the searchlight of historical context, including a reminder of the original purpose and meaning and the philosophical foundation of modern international human rights law.

International Human Rights Law

Attempts to extend it to the unborn child have not proven successful. Medical
advancements have consistently pushed back the point of viability of the unborn
child over the last fifty years. However, perhaps overly cautiously, human rights ...

International Human Rights Law

Author: Rhona Smith

Publisher: Oxford University Press, USA

ISBN: 0198843674

Page: 496

View: 433

The only introductory, straightforward textbook on International Human Rights Law: Broad in scope, concise in approach.International Human Rights Law, ninth edition, provides a concise and wide-ranging introduction for students new to the subject. Written with newcomers in mind, the book's concise and direct approach enables students with no legal background to develop a good understanding of International Human Rights Law.Coverage includes regional systems of protection, the role of the UN, and a variety of substantive rights. The author skilfully guides students through the complexities of the subject, and then prepares them for further study and research. Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings are provided at the end of each chapter.NEW TO THIS EDITIONThe discussion topics and examples have been updated and a new overview of international law has been added to the introductionIncludes a new chapter on sustainable development and human rights, with particular focus on the UN 2030 Agenda for Sustainable DevelopmentExpanded coverage of freedom of expression in the digital age and of the challenges posed by non-state actors.This title is available as an eBook. Please contact your Learning Resource Consultant for more information.

The United Nations Human Rights Council

hearing before the Subcommittee on Africa, Global Human Rights, and
International Operations of the Committee on ... It made no reference to the
unborn child ' s right to life and to be free from the terrifying effect of an array of
child killing ...

The United Nations Human Rights Council

Author: United States. Congress. House. Committee on International Relations. Subcommittee on Africa, Global Human Rights, and International Operations

Publisher:

ISBN:

Page: 111

View: 676

Doctrine Practice and Advocacy in the Inter American Human Rights System

The Committee on the Rights of the Child has not issued any comments from
which the existence of a right to prenatal life can be inferred. ... Article 2(1) of the
European Convention on Human Rights states that “[e]veryone's right to life shall
be protected by law. ... It indicated that “[t]he 'life' of the foetus is intimately
connected with, and cannot be regarded in isolation from, the life of the pregnant
woman.

Doctrine  Practice  and Advocacy in the Inter American Human Rights System

Author: James L. Cavallaro

Publisher: Oxford University Press, USA

ISBN: 0190900865

Page: 968

View: 677

Doctrine, Practice and Advocacy in the Inter-American Human Rights System is the first casebook to focus on the Inter-American human rights system, the primary system for advancing and protecting rights in the Western hemisphere. Created by the Organization of American States, the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights are autonomous and independent bodies that make up the Inter-American system. Together, they play a vital role, working closely with victims, civil society, and states to protect fundamental human rights in the Western hemisphere, particularly in Latin America. While the system is relatively unknown in legal academia in the United States and Canada, its study is mandatory in most law schools in the Americas. Government appointees, civil servants, high level actors, private attorneys, judges and legal scholars, and media regularly engage with the system in Latin America, implementing its determinations and applying its rulings and interpretations concerning the human rights of their citizens. Thus critical matters affecting vital rights, such as the peace process in Colombia, disappearances in Mexico, gang violence in the Northern Triangle (El Salvador, Honduras, and Guatemala) or trials for perpetrators of crimes against humanity in Argentina, all directly involve the rulings and actors of the Inter-American system. Increasingly, the Inter-American system has advanced rights protection in the United States and Canada. The statements and determinations of the Inter-American Commission on the detention center at Guantanamo, for example, led to a global consensus opposing the prolonged use of pretrial detention at that site, while the Commission's ruling on the juvenile death penalty was cited by the United States Supreme Court in its holding finding that practice unconstitutional. A report by the Commission on murdered and missing indigenous women in British Columbia led to the creation of a National Commission of Inquiry on the subject by Canada. This book provides analysis on a wide range of practical issues that advocates face when interacting with the Commission or Court and explores current debates on possible reforms of the system. At the same time, it provides materials that consider the political dynamics that empower and constrain the system. Doctrine, Practice and Advocacy in the Inter-American Human Rights System takes as its point of departure a critical look at the real-world successes and failures of the system and human rights advocates in the Americas, including the tensions and trade-offs commonly confronted by activists as they seek to advance human rights.

Jacobs White and Ovey the European Convention on Human Rights

If Article 2 were held to cover the foetus and its protection under this Article were,
in the absence of any express limitation, ... as a criminal offence in the light of
Article 2 of the Convention, with a view to protecting the right to life of the foetus.

Jacobs  White  and Ovey  the European Convention on Human Rights

Author: Bernadette Rainey

Publisher: Oxford University Press, USA

ISBN: 0198847130

Page: 856

View: 634

Explores the key principles underpinning the decisions made by the European Court of Human Rights, and provides a guide to the pivotal cases in each area.

Comparative Human Rights Law

Any further moderation of the strength of the right to life accorded to the foetus
therefore had to come from other ... not be regarded as a service on the grounds
that it involves the destruction of the life a human being, namely the unborn child.

Comparative Human Rights Law

Author: Sandra Fredman

Publisher: Oxford University Press, USA

ISBN: 0199689407

Page: 476

View: 593

Courts in different jurisdictions face similar human rights questions. Does the death penalty breach human rights? Does freedom of speech include racist speech? Is there a right to health? This book uses the prism of comparative law to examine the fascinating ways in which these difficult questions are decided. On the one hand, the shared language of human rights suggests that there should be similar solutions to comparable problems. On the other hand, there are important differences. Constitutional texts are worded differently; courts have differing relationships with the legislature; and there are divergences in socio-economic development, politics, and history. Nevertheless, there is a growing transnational conversation between courts, with cases in one jurisdiction being cited in others. Part I sets out the cross-cutting themes which shape the ways judges respond to challenging human rights issues. It examines when it is legitimate to refer to foreign materials; how universality and cultural relativity are balanced in human rights law; the appropriate role of courts in adjudicating human rights in a democracy; and the principles judges use to interpret human rights texts. The book is unusual in transcending the distinction between socio-economic rights and civil and political rights. Part II applies these cross-cutting themes to comparing human rights law in the US, UK, South Africa, Canada, and India. Its focus is on seven particularly challenging issues: the death penalty, abortion, housing, health, speech, education and religion, with the aim of inspiring further comparative examination of other pressing human rights issues.

Textbook on International Human Rights

In General Comment 6 , the Human Rights Committee notes at para . 5 that the
right to life should be ... Medical advancements consistently pushed back the
point of viability of the unborn child over the last fifty years . However , perhaps
overly ...

Textbook on International Human Rights

Author: Rhona K. M. Smith

Publisher: Blackstone Press

ISBN:

Page: 361

View: 175

Truly global in its approach and coverage, this book will be invaluable to those studying undergraduate courses on international human rights. The book begins with a brief analysis of the development of international human rights law. The work of the United Nations is considered withexploration of its organizational structure and essential documentation. Attention then turns to the regional systems of human rights focusing on Europe, the Americas and Africa. In each instance, the organizational structure and principal instruments are detailed. The international and regionalsystems are drawn together in an examination of the methods of enforcing and monitoring the implementation of human rights. The remainder of the book addresses substantive rights. Common terms and potential derogations are discussed along with the concept of non-discrimination before a cross sectionof rights. This is illustrated by examples drawn from regional and international law. Rights discussed include the right to life and liberty, freedom of expression, the right to work and minority rights.The text concludes with an examination of the right to educate and human rights education andlooks to the future of international human rights law.

International Human Rights Reports

DECISIONS / OPINIONS HUMAN RIGHTS COMMITTEE I ) Admissibility Decision
Peter Michael Queenan ( on behalf of Canadian unborn children ) v . Canada
Communication No. 1379/2005 ( UN Doc.CCPR / C / 84 / D / 1379 / 2005 ) ...

International Human Rights Reports

Author:

Publisher:

ISBN:

Page:

View: 674

Human Rights Law

provision , has yielded little in terms of increased human rights protection . ... HR
held that the rights of the unborn child and those of the mother coincided so that
the unborn child ' s rights could be protected through the mother , and French law
 ...

Human Rights Law

Author: Bríd Moriarty

Publisher: Oxford University Press, USA

ISBN:

Page: 365

View: 550

The second edition of Human Rights Law contains an overview of the sources of human rights protection in Ireland. Included are chapters on substantive human rights law and a discussion of key human rights, as well as three new chapters giving information on the incorporation of the ECHR into Irish law, Ireland's involvement in the UN and the right to liberty. The manual also offers guidance on refugee law and practice. The second edition is fully up to date with recent legislative changes in this area.

Documentation on Women Children and Human Rights

During the past two weeks alone , the bodies of six children were exhumed
source of recurring expenditure even after ... After conviction , it tion will be under
the ambit of sex of their unborn child could could mean not having a licence this
Act ...

Documentation on Women  Children  and Human Rights

Author:

Publisher:

ISBN:

Page:

View: 945

Regional Protection of Human Rights

The Oviedo Convention on Human Rights and Biomedicine , indeed , is careful
not to give a definition of the term ... Having regard to the foregoing , the Court is
convinced that it is neither dewhether the unborn child is a person for the ...

Regional Protection of Human Rights

Author: Dinah Shelton

Publisher: Oxford University Press, USA

ISBN:

Page: 1163

View: 670

"Regional Protection of Human Rights : Documentary Supplements is the accompanying volume to Regional Protection of Human Rights. It contains primary source documents on human rights regulations in Europe, Africa, and the Americas. These include the European Court of Human Rights, the Charter of the Organization of American States, and the African Charter on Human and Peoples' Rights. Access to these documents enables the reader to further understand and apply them to ever-changing global situations."--Back cover.

The History and Contents of Human Rights

Before we state what the status of the unborn foetus is in terms of human rights ,
we will first of all state the basic principles underlying the Christian concept of life
– a concept of life not altogether the monopoly of Christianity . They are the ...

The History and Contents of Human Rights

Author: Nwachukwuike Sonde Sylvanus Iwe

Publisher: Peter Lang Pub Incorporated

ISBN:

Page: 419

View: 603

What has been the fate and fortune of the fundamental rights of man in the course of history? What major historical documents have contributed significantly to the emergence of the concept of human rights? What is the essence and what are the implications of the basic natural rigths of man? These are the central questions which Dr. Iwe has explored in this book, which highlights the contribution of Christianity, especially the Papacy, as the advocate of human rights in modern times. Dr. Iwe's book is important for its interpretation of natural law and Christian thought on human rights and for its emphasis on the socio-political significance of human rights for law and order in modern society.

The International Journal of Children s Rights

32 The Convention consequently did not deviate : from a certain tradition in this
matter in most other human rights ... 33 The quoted statement in the Travaux
Préparatoires does not commit states parties to recognise the unborn child ' s
right to ...

The International Journal of Children s Rights

Author:

Publisher:

ISBN:

Page:

View: 383

Human Rights and Cultural Diversity

Also see Pieter Willem Smits , The Right to Life of the Unborn Child . International
... 6 , 67 ; ( concerning the European Conventions of Human Rights ) , pp . 58 ff ; (
concerning the American Convention on Human Rights ) , pp . 295 , 319 ff .

Human Rights and Cultural Diversity

Author: Wolfgang Schmale

Publisher:

ISBN:

Page: 348

View: 355

Contents.

Roots of Human Rights

ther the unborn child is human , the following facts are relevant . 1. The unborn
child is a ... Some pro - abortionists admit that the unborn child is human , but
they deny that he is a person ; therefore , he has no rights . To inject the
extremely ...

Roots of Human Rights

Author: Edward W. O'Rourke

Publisher:

ISBN:

Page: 117

View: 163

Abortion and Catholicism

The United Nations International Covenant on Civil and Political Rights provides
that " every human being has the inherent right to life " and implicitly recognizes
the rights of the unborn child by rejecting the use of the death penalty upon ...

Abortion and Catholicism

Author: Professor of Christian Ethics and Oubri a Poppele Professor of Health and Welfare Ministries Patricia Beattie Jung, Ph.D.

Publisher: Crossroad Publishing Company

ISBN:

Page: 331

View: 771

Essays discuss Church teaching, feminism, morality, public policy, and dissent in the Church concerning the abortion issue

Australian Journal of Human Rights

We support the Convention in quoting the Declaration of the Rights of the Child
when it states that “ the child , by ... appropriate legal protection , before as well
as after birth ” and we deplore the present killing of unborn children in our nation .

Australian Journal of Human Rights

Author:

Publisher:

ISBN:

Page:

View: 951

International Encyclopedia of Human Rights

Ibegbu , Jude . Rights of the Unborn Child in International Law . Lewiston , N.Y .:
Edwin Mellen , 2000 . Abortion ; Capital Punishment ; Disappearance ; Genocide
; International Covenant on Civil and Political Rights , Second Optional Protocol ...

International Encyclopedia of Human Rights

Author: Robert L. Maddex

Publisher: CQ Press

ISBN:

Page: 404

View: 841

Features articles on important concepts, documents, individuals, agencies, and organizations and their influence on civil rights.

Family Law and the Human Rights Act 1998

Family Law and the Human Rights Act 1998

Author: Heather Swindells

Publisher: Jordans Pub

ISBN:

Page: 488

View: 590

The Human Rights Act 1998 provides, for the first time, for the enforcement of the European Convention on Human Rights against a public authority directly, through any level of the domestic courts. Several Articles of the European Convention have been specifically drafted to deal with the rights of the family. Implementation of the Act will throw up a number of important issues for family lawyers, who must understand the scope of the Act or risk exposure to possible negligence claims. Family Law and the Human Rights Act 1998 explains the family-law related aspects of the Act and assesses the implications of the Act to family lawyers.