Please enable JavaScript.
Coggle requires JavaScript to display documents.
Human Rights Prof. Powell (Limitations (Limitations, Derogations,…
Human Rights
Prof. Powell
Kimberle Crenshaw
"Intersectionality"
Rights become meaningful when they are realised in with others (interacting collectively with others)
Natural Rights and Civil Rights as seen as a dictotomy
Limitations
Limitations
Derogations
conditions
International Law
Founded on international general law
Customary practices
Treaties
General principles
Do Human Rights Treaties Work?
RUDs
Reservations
Undertsandings
Declarations
Bill of Rights
Universal Declaration of Human Rights
International Convention on Civil and Political Rights
Article 2 of the convention
Often seen as negative liberties
The most commonly recognised absolute right is 'freedom from slavery'
Limitations
Where there are conflicting rights
Other social goods
Derogations
International Covenant on Economic, Social and Cultural Rights
Pro
Good investment
International Community can be fully involved
Civil Society spaces expand
Con
Recognises the inter relationship of rights
Dilution
Lack of political will
Justicable
Require high investment of resources
Limburg Principles which speak to ESCR
Progressive Realisation
National Case Studies
INDIA - Directive Principles of State Policy
SOUTH AFRICA- Constitutional inclusions of ESCR
The Structure of the UN and the UN Charter
Look at International Law
La Grand Case
Bread Paraguay
Mexico v USA ( Avina Case)
Provided a letter but was not binding
Jus in Bello
Geneva Convention
Necessity
Discrimination
Propotionality
Humanity
US Domestic Law
Mathew v Elridge
Life and Liberty Interest
Risk and error
Cost of additional review
Alien Tort Statue (Universal Jurisdiction)
What is a private actor a nd how is a private actor liable under the ATS