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The Human Rights Consent Principle, Vijay Padmanabhan
The Human Rights Consent Principle, Vijay Padmanabhan
Vijay M Padmanabhan
One of the most pressing issues facing international human rights law today is when and how to respect the decision of States to consent or decline to international human rights norms. Should human rights treaty monitoring bodies, created to monitor State compliance with treaties, read their respective treaties to create obligations the parties did not contemplate? Is there a core of human rights norms that bind all States irrespective of State dissent? While the answer to these questions has traditionally been no, for the most part, in recent years practice and scholarship have shifted toward yes. The prerogatives of State …
To Transfer Or Not To Transfer: Identifying And Protecting Relevant Human Rights Interests In Non-Refoulement, Vijay M. Padmanabhan
To Transfer Or Not To Transfer: Identifying And Protecting Relevant Human Rights Interests In Non-Refoulement, Vijay M. Padmanabhan
Vijay M Padmanabhan
Human rights law imposes upon States an absolute duty not to transfer an individual to another State where there are substantial grounds for believing he or she will be tortured or subjected to cruel, inhuman or degrading treatment. This protection, called non-refoulement, emanates from a theory of human rights that recognizes rights fulfillment requires States to protect those within their jurisdiction from rights violations perpetrated by third parties, including other States. Generally human rights law recognizes that resource constraints and/or competing rights restrict protection duties. But such limitations have not been recognized in the non-refoulement context with limited theorization as …
To Transfer Or Not To Transfer: Identifying And Protecting Relevant Human Rights Interests In Non-Refoulement, Vijay M. Padmanabhan
To Transfer Or Not To Transfer: Identifying And Protecting Relevant Human Rights Interests In Non-Refoulement, Vijay M. Padmanabhan
Vijay M Padmanabhan
Human rights law imposes upon States an absolute duty not to transfer an individual to another State where there are substantial grounds for believing he or she will be tortured or subjected to cruel, inhuman or degrading treatment. This protection, called non-refoulement, emanates from a theory of human rights that recognizes rights fulfillment requires States to protect those within their jurisdiction from rights violations perpetrated by third parties, including other States. Generally human rights law recognizes that resource constraints and/or competing rights restrict protection duties. But such limitations have not been recognized in the non-refoulement context with limited theorization as …