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Journal Cover International Journal of Human Rights and Constitutional Studies
   [7 followers]  Follow    
   Hybrid Journal Hybrid journal (It can contain Open Access articles)
     ISSN (Print) 2050-103X - ISSN (Online) 2050-1048
     Published by Inderscience Publishers Homepage  [385 journals]
  • Global financial economy and human rights protection in the age of the
           economic crisis: an argument about Greece
    • Authors: Leentje Volker, Andreas Ligtvoet, Martine Van den Boomen, L. Peter Wessels, Jenne Van der Velde, Telli E. Van der Lei, Paulien M. Herder
      Pages: 3 - 9
      Abstract: The aftermath of the global financial crisis resulted to several and severe consequences in many countries throughout the world. EU member states were not left outside. The crisis evinced that the EU's economic governance framework failed to prevent and correct unsustainable national policies that contributed to the build-up of major imbalances in the Eurozone countries. As a result, the weaker members had to confront the economic crisis. Greece was the first one. The plan that was invented in order to prevent a developed country's bailout was insufficient. Additionally, it had a serious effect on the limitation of the protection of human rights. The European Committee of Social Rights (ECSR) decided for the violation of labour rights. This conflict between troika and ECSR proves the lack of a unanimous and integrated European confrontation of economic crisis, as well as an endangerment of human rights.
      Keywords: global financial crisis; Greece; human rights protection; European Union; European Committee of Social Rights; European fiscal policy; ECSR Complaint No. 65/2011; labour rights; social rights violation; EU member states
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 2, No. 1 (2014) pp. 3 - 9
      PubDate: 2014-04-16T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2014.060444
      Issue No: Vol. 2, No. 1 (2014)
       
  • Privacy laws in East Asia: the role of the private sector
    • Authors: Leentje Volker, Andreas Ligtvoet, Martine Van den Boomen, L. Peter Wessels, Jenne Van der Velde, Telli E. Van der Lei, Paulien M. Herder
      Pages: 10 - 18
      Abstract: East Asia, a very diverse region, presents a variety of data protection systems, and very different levels of privacy protection. In each country, the role of the private sector in the data protection system varies so extensively, that it reveals the specificity of the region, and allows for a proposal that would result in more protection of privacy in the region. This article surveys the different data protection systems in place, and offers to foster their development by presenting the pro-business aspects of the data protection laws.
      Keywords: privacy laws; East Asia; private sector; data protection; data integrity; personal information; legislation; human rights; South Korea; Taiwan; Hong Kong; Macao; Japan; China; PRC; internet; telecommunications
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 2, No. 1 (2014) pp. 10 - 18
      PubDate: 2014-04-16T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2014.060459
      Issue No: Vol. 2, No. 1 (2014)
       
  • Non-access to water as human right violation? International
           protection and the application of the non-refoulement principle under
           the human rights legal instruments
    • Authors: Leentje Volker, Andreas Ligtvoet, Martine Van den Boomen, L. Peter Wessels, Jenne Van der Velde, Telli E. Van der Lei, Paulien M. Herder
      Pages: 19 - 26
      Abstract: The importance of water for the human life has been legally and officially recognised through its recent recognition as a human right. Non-access to water has led people to flee from their home countries seeking international protection. The main question to be answered is whether water deprivation or prohibition to access to water by state or non-state actors could amount to human right violation or even to torture and inhuman treatment. If this is the case could water deprivation as such be actually considered as a valid ground for refugee or subsidiary protection? For this purpose, the methods of protection under international and European refugee law instruments will be assessed.
      Keywords: water as human right; torture; inhuman treatment; refugee protection; subsidiary protection; environmental refugees; access to water; human rights; international protection; non-refoulement principle; water deprivation; refugee law instruments
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 2, No. 1 (2014) pp. 19 - 26
      PubDate: 2014-04-16T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2014.060464
      Issue No: Vol. 2, No. 1 (2014)
       
  • Towards ensuring fundamental education right in Nigeria
    • Authors: Leentje Volker, Andreas Ligtvoet, Martine Van den Boomen, L. Peter Wessels, Jenne Van der Velde, Telli E. Van der Lei, Paulien M. Herder
      Pages: 27 - 36
      Abstract: The right to education is a fundamental human right. The plethora of international human rights law instruments considers education a basic right and not a privilege. However, in a bid to addressing this longstanding problem, legal pundits in the field of human rights law have shared their thoughts on this very salient subject via myriads of written publications and materials that could help guarantee this basic right in Nigeria. Despite these scholarly contributions and the provisions of international human rights legislations, the converse has been the case in Nigeria as the Nigerian Constitution considers education as a privilege and non-justiciable right. In the light of the above, this paper does not only seek to undertake a critical appraisal of the Nigerian Constitution with regards to this very important theme, but also intends considering the benefits of education and the attendant consequences of inaccessible education. Further, comprehensive and concrete recommendations would also be made in this paper that would help entrench this fundamental right in Nigeria.
      Keywords: fundamental human rights; right to education; fundamental educational rights; constitutional rights; socio-economic rights; international law; human rights law; basic education; Nigeria; Nigerian Constitution
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 2, No. 1 (2014) pp. 27 - 36
      PubDate: 2014-04-16T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2014.060436
      Issue No: Vol. 2, No. 1 (2014)
       
  • The combined approach of Articles 2 (1) and 28 (1) of the
           International Convention on the Rights of the Child 1989 as a source of
           international law of non-discrimination
    • Authors: Leentje Volker, Andreas Ligtvoet, Martine Van den Boomen, L. Peter Wessels, Jenne Van der Velde, Telli E. Van der Lei, Paulien M. Herder
      Pages: 37 - 45
      Abstract: In this article, we report the combined approach of Articles 2 (1) and 28 (1) of the Convention on the Rights of the Child 1989 as a source of international law of the non-discrimination. The principle of non-discrimination is a general principle of free enjoyment of rights without discrimination. However, the discrimination faced by children in education is a fact and is based on specific criteria, which are analysed and are the 'driving force' in the understanding of the principle of non-discrimination [Art. 2 (1)] in combination with the right to education [Art. 28 (1)]. This leads to the fact that the incorrect application of the Contracting States results in a deadlock which is protected by the Convention category, i.e., children, compromising the level of protection of their rights.
      Keywords: children; non-discrimination; right to education; International Convention on the Rights of the Child; discernment criteria; international law; discrimination
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 2, No. 1 (2014) pp. 37 - 45
      PubDate: 2014-04-16T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2014.060438
      Issue No: Vol. 2, No. 1 (2014)
       
  • Normative structure for criminalising corruption - the South Asian
           experience
    • Authors: Leentje Volker, Andreas Ligtvoet, Martine Van den Boomen, L. Peter Wessels, Jenne Van der Velde, Telli E. Van der Lei, Paulien M. Herder
      Pages: 46 - 64
      Abstract: International efforts addressing graft issues have largely been centred on the human rights discourse. The UN Convention against Corruption has mandated member states to establish a legal regime founded upon addressing corruption as a violation of human rights. South Asian countries have largely founded their anti-corruption activities on penalisation of corrupt behaviour. The UNODC has been found to be an important help in the capacity building mechanism against corruption in this region. This research paper aims at chronicling the efforts of a few South Asian countries on lines of the UNCAC mandate.
      Keywords: human rights; corruption; criminalisation; UNCAC; United Nations Convention against Corruption; South Asia; governance; anti-corruption activities; capacity building
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 2, No. 1 (2014) pp. 46 - 64
      PubDate: 2014-04-16T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2014.060454
      Issue No: Vol. 2, No. 1 (2014)
       
  • Workers' rights and employment contracts in a developing country
           context: the case of Turkey
    • Authors: Ali U. Temel, Bülent Temel
      Pages: 65 - 83
      Abstract: A rapidly growing economy and a primary geopolitical actor in Eurasia, Turkey has attracted record levels of international capital and workforce since its recognition as a membership candidate to the European Union in 1999. This article presents an English-language recap of the first two chapters of Turkish labour law - an increasingly needed legislative piece for non-Turkish corporations and people interested in doing business or working in Turkey.
      Keywords: Turkish labour law; Turkey; worker rights; employment contracts; developing countries; employee rights
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 2, No. 1 (2014) pp. 65 - 83
      PubDate: 2014-04-16T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2014.060458
      Issue No: Vol. 2, No. 1 (2014)
       
  • Tribunal Constitucional de España rules on same-sex marriage
    • Authors: Ali U. Temel, Bülent Temel
      Pages: 84 - 85
      Abstract: This comment outlines the basic arguments of the case 198/2012 of the Spanish Constitutional Court. The Court held in its judgment that Law 13/2005 that acknowledged the right to marriage to homosexuals is in conformity with the Spanish Constitution.
      Keywords: right to marriage; same-sex marriage; equality; solidarity pacts; sexual orientation; Spanish Constitutional Court; Spain; homosexuality
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 2, No. 1 (2014) pp. 84 - 85
      PubDate: 2014-04-16T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2014.060466
      Issue No: Vol. 2, No. 1 (2014)
       
  • Striking down austerity measures: the crisis jurisprudence of the
           Tribunal Constitucional de Portugal and the Italian Corte Costituzionale
    • Authors: Ali U. Temel, Bülent Temel
      Pages: 86 - 88
      Abstract: This short comment presents briefly the basic lines of the Portugal and Italian jurisprudence regarding budget cuts in the public sector after the emergence of the Eurozone financial crisis in 2009.
      Keywords: social autonomy; memorandum; European financial stability mechanism; Constitutional Court of Portugal; Italian Corte Costituzionale; Italy; austerity measures; crisis jurisprudence; budget cuts; public sector; Eurozone crisis; financial crisis
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 2, No. 1 (2014) pp. 86 - 88
      PubDate: 2014-04-16T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2014.060465
      Issue No: Vol. 2, No. 1 (2014)
       
 
 
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