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Articles 31 - 36 of 36
Full-Text Articles in Law
Indigenous Rights Before The Inter-American Court Of Human Rights : A Call For A Pro Individual Interpretation, Valerio De Oliveira Mazzuoli, Dilton Ribeiro
Indigenous Rights Before The Inter-American Court Of Human Rights : A Call For A Pro Individual Interpretation, Valerio De Oliveira Mazzuoli, Dilton Ribeiro
The Transnational Human Rights Review
In its traditional conception, international law regulates relations between sovereign states. This definition is challenged by current developments of international law, especially in the area of human rights. The human person is arguably a bearer of rights and duties under international law. However, recognizing this individual legal personality is not enough. International bodies and treaties need to acknowledge that individuals are subjects of international law within a pluralistic world. In other words, the law of nations must crystalize the idea that individuals are, with all their cultural differences, subjects of international law. The Inter-American Court of Human Rights recognizes this …
Is Nigeria A Secular State? Law, Human Rights And Religion In Context, Osita Nnamani Ogbu
Is Nigeria A Secular State? Law, Human Rights And Religion In Context, Osita Nnamani Ogbu
The Transnational Human Rights Review
Nigeria is a multi-ethnic and multi-religious state. The two major religions in the country are Islam and Christianity. Adherents of these two major religions take divergent positions on the question of the secularity of the Nigerian state. While most Christians argue for separation of the Nigerian state from religion, most Muslims advocate the fusion of religion, the state and the law. To many of them, the Sharia ought to govern the totality of the life of a Muslim from cradle to grave. For instance, the Governor of the Central Bank of Nigeria, Alhaji Sanusi Lamido Sanusi, maintained that any call …
Balancing, Proportionality, And Human Rights Adjudication In Comparative Context: Lessons For Nigeria, Basil Ugochukwu
Balancing, Proportionality, And Human Rights Adjudication In Comparative Context: Lessons For Nigeria, Basil Ugochukwu
The Transnational Human Rights Review
What is the nature of the role that courts perform when they evaluate human rights complaints? Answering this question engages two related but contending values in the process of protecting human rights through judicial means. The first value is that persons are entitled to certain rights and freedoms that are either completely outside the controlling power of the state, organizations and others in the society, or which when they are infringed could trigger an application for judicial protection by the victims. The second value is that the state can impose limitations on certain rights and freedoms but only if it …
The Right To Food And The Political Economy Of Third World States, Opeoluwa Adetoro Badaru
The Right To Food And The Political Economy Of Third World States, Opeoluwa Adetoro Badaru
The Transnational Human Rights Review
Current global events validate the fact that beyond a theoretical analysis of rights discourse and food justice, there is a need to understand and propose ways to address the very fragile global food situation, and especially so in Third World states. At the peak of the high food prices in mid-2008, the world observed how the issue of access to food and the means to acquire food (in the larger context of other socio-economic needs) spurred riots from Egypt to Bangladesh and Mexico. And one cannot definitely say that we are out of the woods yet concerning rising food prices. …
International Human Rights Fact-Finding Praxis In Its Living Forms: A Twail Perspective, Obiora C. Okafor
International Human Rights Fact-Finding Praxis In Its Living Forms: A Twail Perspective, Obiora C. Okafor
The Transnational Human Rights Review
International human rights fact-finding (hereinafter "IHRFF") has been defined, rather generously, as: A method of ascertaining facts through the evaluation and compilation of various information sources ... [which] serves to illuminate the circumstances, causes, consequences and aftermath of an event from a systematic collection of facts. Understood in this way, IHRFF is not a new activity. Rather, various organizations, groups, and entities have engaged in it for a very long time. Indeed, issues relating to its ways and means, conceptual and operational problems, and best practices have occupied the attention of many practitioners, and cringed the brows of many of …
Eying The Promised Land: The Wearisome Quest For An Effective Regional Human Rights Enforcement Mechanism In Africa, Nsongurua Udombana
Eying The Promised Land: The Wearisome Quest For An Effective Regional Human Rights Enforcement Mechanism In Africa, Nsongurua Udombana
The Transnational Human Rights Review
Regional human rights regimes complement national systems, which sometimes suffer from "[i]nept, inefficient, underresourced, or iniquitous governments incapable of, or perhaps even opposed to, assisting citizens' realization of their human rights". Regional systems also complement the global system, which often is problematic in achieving consensus due to multiplicity of states and the absence of homogeneity. "As far as their processes are concerned", notes Sarkin, "regional systems for many reasons are more accessible, cheaper for litigants, and more effective in the work they do than international courts". However, the national, regional and international regimes all share a common goal in protecting …