126 research outputs found
Seeking justice and an end to neglect : Iran's minorities today
No full textNazila Ghanea and Binesh Has
Seeking justice and an end to neglect : Iran's minorities today / Nazila Ghanea and Binesh Hass
Get PDFONU. Consejo Derechos Humanos - Relatora Especial sobre Libertad Religiosa o de Creencias, Nazila Ghanea - Informe - Odio por motivos de religión o de creencias, (derechos humanos, discurso de odio, libertad religiosa)
No full textONU. Consejo Derechos Humanos - Relatora Especial sobre Libertad Religiosa o de Creencias, Nazila Ghanea - Informe - Odio por motivos de religión o de creencias, (derechos humanos, discurso de odio, libertad religiosa)
Fuente: www.ohchr.or
CHILE. Nazila Ghanea (Relatora Especial de la ONU para la Libertad Religiosa) - Noticia- ONU advierte posible aumento de antisemitismo en Chile y demanda acción urgente al gobierno. El organismo denuncia que ha aumentado el vandalismo en esta dirección.
No full textCHILE. Nazila Ghanea (Relatora Especial de la ONU para la Libertad Religiosa) - Advertencia- ONU alerta sobre posible aumento de antisemitismo en Chile y demanda acción urgente al gobierno. El organismo denuncia que ha aumentado el vandalismo en esta dirección.
Fuente: www.latercera.com, y www.adnradio.c
Minorités religieuses
No full textRécemment publié dans Oxford Journal of Law and Religion, un article de Nazila Ghanea, "Are Religious Minorities Really Minorities?", 11 janvier 2012
Minorités religieuses
No full textRécemment publié dans Oxford Journal of Law and Religion, un article de Nazila Ghanea, "Are Religious Minorities Really Minorities?", 11 janvier 2012
Offence to religious belief and international law
Get PDFOffence to religious belief is any form of expression deemed insulting to the religious belief of a person or a group of persons. Blasphemy and apostasy are notable examples of such offences, which are at times regarded as an affront to social and religious morals, but can also be deemed as an infringement of the law or even a violation of human rights. Despite being essentially intangible, such offences have led to prosecutions, arrests, riots, and deaths throughout history. Nevertheless, there is limited research on the legal nature of these offences, as well as little clarity on the terminology used to characterise offence to religious belief. This perplexing scenario is further aggravated by the lack of direction from international adjudicating bodies dealing with expressions deemed offensive to religious belief. Consequently, the issue in question remains highly contentious worldwide.
This thesis seeks to answer the following question: what are the normative underpinnings that international human rights courts and treaty bodies should take into consideration when deciding cases of offence to religious belief? To answer this question, the thesis will be divided into six chapters. The first chapter briefly scrutinises the foundations of prohibitions of offence to religious belief and proposes a re-examination of contemporary concepts related to such offences in order to test their compatibility with international human rights law. Chapters two to six examine structural and jurisprudential issues regarding offence to religious belief in international human rights law, to determine what are the normative principles that can be employed by international human rights courts and treaty bodies to resolve issues related to such offences. Therefore, this thesis addresses issues regarding offence to religious belief from a legal perspective, in order to provide greater legal certainty in such cases and a more holistic protection of human rights to every person
‘And the system fails us all the time’: Responses to domestic violence against First Nations women in Australia and the case for an integrated rights-based approach founded in self-determination
Get PDFFirst Nations women in Australia experience domestic violence disproportionately compared to Australia’s ‘settler’ population. Prior research suggests that domestic violence responses developed with the ‘settler’ population in mind may be problematic for First Nations women, but to date no studies have examined First Nations women’s domestic violence service interactions prior to fatal violence. I accordingly review a whole-of-population sample of domestic violence-related homicide cases from several Australian jurisdictions, alongside findings from yarning and interviews with First Nations Elders, specialist domestic violence workers and survivors, to examine and analyse First Nations women’s service contact histories preceding fatal violence. Viewing findings from a postcolonial, intersectional perspective attuned to Australia’s history of invasion/colonisation and the ongoing violence of ‘settler’ occupation, I argue the domestic violence response system—comprising criminal justice and specialist service responses—is an expression of colonising state power.
I then ask how responses to domestic violence against First Nations women can be improved. While Australia’s domestic violence response system reflects current international standards, my findings suggest that these standards may be problematic for First Nations women in the Australian ‘settler’ context. I review United Nations (‘UN’) guidance to ascertain how, and to what extent, First Nations women’s right to self-determination has been considered relevant to First Nations women’s rights to be safe and free from violence. I conclude that, to date, UN standards and state monitoring of Australia has been insufficiently attentive to the interaction of these rights. I propose enhanced rights-integration (normative integration) as a way to support improved state responses to domestic violence against First Nations women, however I remain cautious about the UN’s ability to transcend its state-centric focus and support meaningful self-determination in its most fulsome sense
Justifying limitations on the freedom to manifest religion or belief and the freedom of expression under the ICCPR
Get PDFThe freedom to manifest religion or belief, and the freedom of expression (‘the Two Freedoms’) are of paramount importance to the inner realm of the human person; yet they may be limited on certain grounds. Articles 18(3) and 19(3) of the International Covenant on Civil and Political Rights (ICCPR) accordingly set out the legal basis on which states may limit the Two Freedoms. This thesis seeks to answer the following question: to what extent can a conceptually coherent, normatively compelling, and politically appealing justificatory burden be placed on states when they limit the Two Freedoms under the ICCPR? The thesis contains seven chapters. The first evaluates the common approaches to justifying limitations on the Two Freedoms – both of which are recognised as basic liberties and claim rights in the liberal tradition. The second chapter presents a conceptual, normative and political case for an alternative approach to justifying limitations on the Two Freedoms. This alternative approach requires the state to demonstrate that the competing interests at play are sufficient reason to impose on the individual concerned a duty of justice to refrain from engaging in the impugned conduct. Chapters three, four and five deal with the historical discourse surrounding the drafting of articles 18(3) and 19(3), the orthodox interpretation of these two limitation clauses, and the jurisprudence of the United Nations Human Rights Committee respectively. These three chapters reveal that the two limitation clauses are particularly vulnerable to abuse. The final two chapters explain that a simple good faith approach to interpreting the ICCPR can offer a more conceptually coherent, normatively compelling, and politically appealing approach to justifying limitations on the Two Freedoms, i.e. a ‘duty-based’ approach. The thesis concludes that this approach can actually be accommodated within the object and purpose of the ICCPR, and can provide the Committee with a doctrinal framework to advance a justificatory approach based on duties of justice. Such an approach could add further impetus to our perennial struggle to defend two of our most cherished freedoms: the freedom to manifest religion or belief, and the freedom of expression
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