Human Rights: Universality and Diversity

Brems, Eva

doi:10.1163/9789004481954

Cited by 139 publications

(26 citation statements)

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“…13 The second paragraph of Article 8 is a general limitation clause, which sets forth some requirements that need to be fulfilled for an interference with the right in the first paragraph to be justified. 14 In its case law on Article 8, the ECtHR appraises Member States' compliance with these requirements. In general, it leaves a margin of appreciation to the national authorities to determine the proportionality or necessity of a restrictive measure.…”

Section: Mcgoldrick 'A Defence Of the Margin Of Appreciation And Anmentioning

confidence: 99%

Assisted dying before the ECtHR: General rules for national regulations

Loos

2022

Medical Law International

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National regulatory frameworks for assisted dying vary from an absolute ban to rather liberal, albeit conditional, approaches to the practice of assisting patients in terminating their lives. Countries that take a restrictive stance towards assisted dying emphasize the ‘absolute’ nature of the right to life, whereas states that exhibit a more permissive regime put more emphasis on the right to respect for private life, as including in particular the right to self-determination at the end of life. Although the European Court of Human Rights uses the margin of appreciation in such a way as to avoid taking a normative stance on the issue of assisted dying, its case law comprises general rules that have to be complied with when regulating assisted dying. This article examines the reasoning of the Court in cases concerning assisted dying and discusses these rules as they apply to countries that have in place restrictive or permissive assisted dying regimes. This human rights framework will become increasingly important as more and more countries are introducing or considering legislation on assisted dying. Against this background, this article aims at providing insight into what is expected of national regulations, from a human rights perspective, in the context of assisted dying.

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Section: Mcgoldrick 'A Defence Of the Margin Of Appreciation And Anmentioning

confidence: 99%

Assisted dying before the ECtHR: General rules for national regulations

Loos

2022

Medical Law International

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“…It has been noted that reservations to the CEDAW articles have resulted in criticism on an international level. It has been criticised that the remaining reservations by the Government of Malaysia on CEDAW will continue to inhibit the realization of women's equality, abandoning Malaysia's responsibility to modify social and cultural patterns of conduct that are based on customary practices of stereotype and inferiority, refusing women the right to formulate government policies and hold public office, and failing to enforce equal rights for women in marriage (Brems, 2001). Malaysia has also passed the National Women Policy in 2009 complete with its strategic plan (KPWKM, 2009).…”

Section: International Laws and Its Legal Effects In Malaysia: Ending...mentioning

confidence: 99%

Curbing Child Marriage Amongst Muslims in Malaysia: Towards Legal Reform

Samuri

Awal

Bakar

2022

UUM Journal of Legal Studies

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Child marriage is considered by the international community to be a violation of human rights, particularly the right to education and sexual and reproductive healthcare. Unfortunately, there are some Muslim countries in the world, including Malaysia, that has legalised this practice. Laws such as the Islamic family laws in all Malaysian states stipulate legal avenues for underage children to get married, provided they obtain permission from the Sharia court. Therefore, in order to end this harmful practice in Malaysian Muslim society, this article will discuss child marriage under Malaysian Islamic family law and propose a legal reform for Islamic family law regarding marriageable age and court procedure. This article examined international law instruments related to child marriage, Malaysian civil and Islamic laws, and reported cases to understand the legal complexities of child marriage in Malaysia. This article found that there is an urgent need for international agencies, Malaysian federal and state governments, religious authorities, and civil society movements to commence initiatives that address this issue to curb child marriage amongst Muslims in Malaysia, particularly through reforming Islamic family law in all states.

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“…However, some scholars have attempted to understand how they can be conceptualised not in conflict with each other. For instance, Nathan used the language of tempered universalism 124 or Brems that of inclusive universality, 125 to accommodate the instances of both sides and show that a reconciliation is possible. Henkin argues that the idea of human rights is undoubtedly universally accepted, politically and legally, while the single human rights (e.g.…”

Section: International Human Rights Institutionsmentioning

confidence: 99%

Judicial Convergence and Fragmentation in International Human Rights Law

Abrusci

2022

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This book provides an innovative analysis of the complex issue of judicial convergence and fragmentation in international human rights law, moving the conversation forward from the assessment of the two phenomena and investigating their triggering factors. With a wide geographical focus that include the most up-to-date case-law from the three main regional systems (the African, European and Inter-American) and the UN Human Rights Committee, the book confirms the predominant judicial convergence across international human rights law. On this basis, the book engages with an interdisciplinary investigation into the legal and non-legal factors that could explain both convergence and fragmentation, ranging from the use of judicial dialogue and the notions of necessity and proportionality to the composition of the courts and the role of NGOs. The aim is to provide the tools to understand the dynamics between human rights adjudicatory bodies and possibly foresee future instances of judicial fragmentation.

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Human Rights: Universality and Diversity

Cited by 139 publications

References 0 publications

Assisted dying before the ECtHR: General rules for national regulations

Assisted dying before the ECtHR: General rules for national regulations

Curbing Child Marriage Amongst Muslims in Malaysia: Towards Legal Reform

Judicial Convergence and Fragmentation in International Human Rights Law

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