Showing papers on "International human rights law published in 1975"

The Evolution of Property Rights: A Study of the American West

Abstract: SINCE Ronald Coase's work on \"The Problem of Social Cost,\"' economists have increasingly turned their attention to the effects of property rights on market operations.2 The way in which property rights are assigned, enforced, and transferred affects the allocation of resources and hence, the amount and distribution of output. Who controls what resources? Who receives the benefits and bears the costs of various actions? How clearly are the property rights specified? How are they exchanged and how are these exchanges enforced? The answers to these questions clearly influence the consequences of the market processes at any given time. But the structure of these rights in any society and hence the answers to the above questions are continually changing. Recent literature has paid increasing attention to the structure of property rights at some point in time and to the consequences of these rights.3 However, much less attention has been given the question of how the property rights structure comes into being.4 It is our purpose to combine economic theory and history to help shed light on this important question.5 We present below a perspective of the

The European Convention on Human Rights

Abstract: The system for the protection of human rights under the European Convention to Human Rights (`ECHR') represents the most complete judicial model for protecting such rights. The case law of the Court of Human Rights has elaborated and defined the substantive rights so that there is now a detailed set of standards for State conduct towards those within their jurisdiction. This completely re-written new edition of Francis Jacob's 1975 book on the Convention takes the case law of the Court as its starting point, but also offers full consideration of the Commission's case law on questions of admissability. The result is a highly readable text which both explains the procedural aspects of bringing a case to Strasbourg (including the changes contained in Protocol No. 11) and analyses the substantive law of the Convention. This book is intended for undergraduate and postgraduate stuents, and practitioners interested in European Human Rights Law, International Human Rights law, domestic civil liberties.

Human Rights for Women and World Public Order: The Outlawing of Sex-Based Discrimination

Abstract: As the United Nations commemorates 1975 as “International Women's Year,” in a concerted effort to “promote equality between men and women“ and to “ensure the full integration of women in the total development effort,” the concern of the larger global community for outlawing sex-based discrimination is being articulated with increasing vigor. This concern both builds upon and expresses a more general norm of nondiscrimination which seeks to ban all generic differentiations among people in access to value shaping and sharing for reasons irrelevant to individual capabilities and contribution. The particular norm against sex-based discrimination finds expression in many authoritative communications, at both international and national levels, and is rapidly being defined in a way to condemn all the great historic deprivations imposed upon women as a group.

Rights of the mentally ill: the gulf between theory and reality.

Abstract: Within the last few years several lawsuits have significantly increased both the procedural and the substantive rights of mental patients; among them are Lessard v. Schmidt, in which the court held that persons facing involuntary civil commitment are entitled to due-process safeguards, and Wyatt v. Stickney and Donaldson v. O'Connor, concerned with the right to adequate treatment. The author draws on the problems of implementing the landmark decree of Miranda v. Arizona, guaranteeing the rights of criminal suspects, in discussing the difficulties of translating rights promulgated in the courts Into reality. He believes that enforcement of patients' rights depends not on the law alone but also on the sensitivity and good faith of mental health workers.

The International League for the rights of man

Abstract: From time to time index has published articles on the activities of various human rights organisations concerned with freedom of expression and related freedoms. Organisations dealt with in the past have included Amnesty International, The pen Club and the International Commission of Jurists, and we will include further organisations in this occasional series as opportunity and space allow.

Human Rights and the Ninth Amendment: A New Form of Guarantee

Abstract: This article identifies the primary purpose of the Ninth Amendment, which was created as part of a compromise regarding the creation of a Bill of Rights – a purpose to guarantee human rights that were retained by the people even though they were not enumerated in the first eight amendments. The article also offers a sketch of discoverable rights of the people that the judiciary should use when identifying and clarifying human rights that are constitutionally-based and protected in the Ninth Amendment. The article has been identified by some historians as being among the top articles on our Bill of Rights.

Non-Conforming Political Opinion and Human Rights: Transnational Protection Against Discrimination

Abstract: In a world arena characterized by persisting expectations of violence and a concomitant trend toward politicization, there has been a deepening community concern for outlawing intolerance toward non-conformists. Expectations of violence and perception of crisis within a particular territorial community often lead to the mobilization of ,group defenses, with ruthless suppression of dissident views and discrimination against the holders of such views. The concern of the larger community both builds upon and expresses a more general norm of nondiscrimination which seeks to forbid all generic differentiations among human beings in the shaping and sharing of values for reasons irrelevant to individual capabilities and contribution. 1 The particular norm against discrimination on the ground of nonconforming opinion finds expression in many authoritative communications, at both transnational and national levels, and, under appropriate conditions, could be made an important bulwark for the protection of political freedom.