Topic
International human rights law
About: International human rights law is a research topic. Over the lifetime, 24227 publications have been published within this topic receiving 336367 citations.
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09 Mar 2016
TL;DR: Lee et al. as discussed by the authors examined the relationship between intellectual property in pharmaceuticals and access to medicines from a human rights perspective, with a view to contributing to the development of human rights framework that can guide States in enacting and implementing intellectual property law and policy.
Abstract: This book examines the relationship between intellectual property in pharmaceuticals and access to medicines from a human rights perspective, with a view to contributing to the development of a human rights framework that can guide States in enacting and implementing intellectual property law and policy. The study primarily explores whether conflicts between patents and human rights in the context of access to medicines are inevitable, or whether patents can be made to serve human rights. What could be a normative framework that human rights might provide for patents and innovation? Joo-Young Lee argues that it is necessary to have a deepened understanding of each of the two sets of norms that govern this issue, that is, patent law and international human rights law. The chapters investigate the relevant dimensions of patent law, and analyse particular human rights bearing upon the issue of intellectual property and access to medicines. This study will be of great interest to academic specialists, practitioners or professionals in the fields of human rights, trade, and intellectual property, as well as policy makers, activists, and health professionals across the world working in intellectual property and human rights.
6 citations
01 Jul 2016
6 citations
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15 Oct 2007
TL;DR: The Law Stories title as discussed by the authors sets the most significant international law cases in their social, political, and historical context, and showcases thirteen essays by leading international law experts, written in an accessible form, are organized in three groups: stories about the development of international human rights law, stories about use of international law in the US legal system, and stories about international law's impact on interstate politics and the global economy.
Abstract: This new Law Stories title sets the most significant international law cases in their social, political, and historical context. It showcases thirteen essays by leading international law experts. The essays, written in an accessible form, are organized in three groupings: stories about the development of international human rights law, stories about the use of international law in the US legal system, and stories about international law's impact on interstate politics and the global economy. Experienced international law scholars, teachers, and practitioners will discover valuable new insights, and readers new to international law will find that the book quickly immerses them in the core controversies and most significant developments in the field.
6 citations
01 Jan 2006
TL;DR: In this paper, the authors consider the grounds by which Australian children may have rights in education that differ from or may override the rights of their parents and conclude that current education legislation may not be as reflective of the principles of the UN convention for the role of children as these other areas of Australian law.
Abstract: This paper is a companion paper to that by Mawdsley and Cumming on student and parent rights in education in the U.S. In that paper, student rights were examined from principles of constitutional rights. It was noted that the U.S. is not a signatory to the United Nations Convention on the Rights of the Child. In this paper, we consider the grounds by which Australian children may have rights in education that differ from or may override the rights of their parents. These are considered under the umbrella of the UN Convention which Australia has ratified. Particular attention is paid not just to the commonly-known right to free, public education that is compulsory, but, of more relevance to the study of student rights, to the conventions and articles that state that children should be recognised as having growing competence in decision-making and participation in decisions that affect them. Applications of these principles with respect to children in family, medical and privacy law are compared with recent education legislation in Australia. The paper focuses on provision of general education rights and does not consider rights under discrimination or disability legislation. The paper concludes that current education legislation may not be as reflective of the principles of the UN convention for the role of children as these other areas of Australian law. I IntroductIon: the rIghts of chIldren In AustrAlIAn educAtIon lAw As we have noted previously, 1 many differences in legal challenges in education emerge between the U.S. and Australia from the respective presence of, and lack of, a Bill of Rights. In Australia, most challenges in education are based on statutory law (especially anti-discrimination laws enacted at state and federal levels) or common law (for example, negligence and personal injury). Without a Bill of Rights, individuals in Australia do not have specific rights such as freedom of speech that can be enforced through the court system. Although a number of cases have established an implied right to freedom of speech, this has been applied in the main to cases of political advertising 2 and defamation. 3 In general, Australian courts have backed away from establishing an individual right of freedom of speech. 4 Even a legal challenge by a male private school student to wear long hair was initially successful on the basis of discrimination on the basis of gender, 5 not his individual right to have long hair as a freedom of expression.
6 citations