Article 19: Freedom of Expression

Article 18 of the Universal Declaration of Human Rights (1948) is widely considered to be the most influential statement on religious freedom in human history. Religious Freedom and the Universal D ...

Religious Freedom and the Universal Declaration of Human Rights

Introduction Alice Edwards and Laura van Waas 1. The meaning of nationality in international law: substantive and procedural aspects Alice Edwards 2. Statelessness and citizenship in ethical and political perspective Matthew J. Gibney 3. The UN Statelessness Conventions Laura van Waas 4. UNHCR's mandate and activities to address statelessness Mark Manly 5. The determination of statelessness and the establishment of statelessness-specific protection regimes Gabor Gyulai 6. Children, their right to nationality and child statelessness Gerard-Rene de Groot 7. Women, nationality and statelessness: the problem of unequal rights Radha Govil and Alice Edwards 8. Deprivation of nationality: limitations on rendering persons stateless under international law Jorunn Brandvoll 9. State succession and issues of nationality and statelessness Inete Ziemele 10. The nexus between statelessness and migration Sophie Nonnenmacher and Ryszard Cholewinski 11. More or less secure? Nationality questions, deportation and dual nationality Kim Rubenstein and Niamh Lenagh-Maguire.

Nationality and statelessness under international law

The notion of conflict rests at the heart of the judicial function. Judges are routinely asked to resolve disputes and defuse tensions. Yet, when judges are called upon to adjudicate a purported conflict between human rights, they face particular challenges and must address specific questions. Some of these concern the very existence of human rights conflicts. Can human rights really conflict with one another, in terms of mutual incompatibility? Or should human rights be interpreted in harmony with one another? Other questions concern the resolution of real conflicts. To the extent that human rights do conflict, how should these conflicts be resolved? To what extent is balancing desirable? And if it is desirable, which understanding of balancing should judges employ? This book seeks to provide both theoretical and practical answers to these questions.

When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony? debates both the existence and resolution of human rights conflicts, in the specific context of the case law of the European Court of Human Rights. The contributors put forth principled and pragmatic arguments and propose theoretical as well as practical approaches, whilst firmly embedding their proposals in the case law of the European Court. Doing so, this book provides concrete ways forward in the ongoing debate on conflicts of rights at Europe's human rights court.

When human rights clash at the European Court of Human Rights : conflict or harmony?

Autonomy, Sovereignty, and Self-Determination

In 2006, the South African Constitutional Court found a constitutional right to participate in the legislative process in the case of Doctors for Life, Case CCT 12/05 (decided 17 August 2006). In this article, we argue that, first, legislation is better when legislators are required to invite and attend to public input, and, second, citizenship is better when legislators are required to invite and attend to public input. Doctors for Life puts South Africa on the road to improving both legislation and citizenship. In the United States, this road is largely untraveled. While rejecting traditional representative democracy as an adequate expression of political participation, Doctors for Life does not go as far as it could in terms of entrenching public participation in the South African legislative process. Nonetheless, it offers a model of an interim place that the United States can consider. The case also offers a model for international human rights exploration in an area of underdeveloped theory, especially in regard to enhancing respect and dignity as aspects of citizenship in a democratic state.

The Right of Public Participation in the Law-Making Process and the Role of the Legislature in the Promotion of this Right

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Article 19: Freedom of Expression

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References

Religious Freedom and the Universal Declaration of Human Rights

Nationality and statelessness under international law

When human rights clash at the European Court of Human Rights : conflict or harmony?

Autonomy, Sovereignty, and Self-Determination

The Right of Public Participation in the Law-Making Process and the Role of the Legislature in the Promotion of this Right

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