Family Reunification Under International Law

Author: Giovanni Giudetti

Family reunification can be seen as “on the one hand, as a humanitarian or human rights issue, and, on the other hand, as an immigration matter which might place a strain on the labour market and social facilities, such as housing, education and medical facilities”[1]. Continue reading

Advertisements

X v Y: Italy and Kafalah

Author: Giovanni Giudetti

The Islamic institution of kafalah, which finds its origins in northern Africa, has given rise to different opinions and ways of dealing with family reunification in European countries[1]. In order to better understand this issue with a deeper analysis of the measures adopted by EU member States[2], we examine this through the lens of the Italian Corte di Cassazione[3], which denies the right to family reunification for children in care through kafalah. In the case X v. Y an Italian citizen of Moroccan origin applied for and obtained custody through kafalah of his two nephews from the Moroccan authority, in order to provide his brother’s children, who were left fatherless, with accommodation, maintenance, education and protection in his country of residence, Italy. Continue reading

Time for Change: Gender Equality in Africa

Author: Michael Addaney[1]

Gender stereotypes are described as preconceived ideas whereby males and females are arbitrarily assigned characteristics and roles limited by their sex.[2] The UN Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) and the African Charter on Human and Peoples Rights (African Charter) recognise that women suffer continued and systematic discrimination due to their sexuality with the most pervasive one being violence against women.[3] Continue reading

People’s Tribunals – A New Norm?

Author: Regina Paulose

People’s Tribunals are a result of strong peaceful grassroots movements within society. People who create these movements share a common interest in discussing a legitimate human rights problem which has not been adequately addressed by a state or its entities. In some cases the problem cannot be handled in a formal judicial system because of politics or a technical legal rule prevents the issue from being raised. Continue reading

Pakistan and Balochistan: Is Ignorance Bliss?

Author: Regina Paulose

 

Balochistan is one of the largest provinces in Pakistan. The western province which is mainly composed of various ethnic tribes now faces various human rights issues which could potentially explode into larger issues. Although Balochistan is not popular in the media, the issues faced by the people in Balochistan are extremely important and require consideration by the international community. Continue reading

The Rule of Law and Human Rights in Iran

Author: Regina Paulose

“Study the past if you would define the future.”[1]

This year Iran submitted its Universal Periodic Review (UPR) report to the United Nations (UN) Human Rights Council. In its report it detailed legal principles which are supposedly given to Iranians. Among the principles presented were the “prohibition of torture,” the “right to legal counsel,” and the “presumption of innocence.” The remainder of the report makes no mention of any necessity or potential reform of its legal system. Continue reading

Conscientious objection to military service: Punishment and discriminatory treatment

Author: Emily Graham

 

Conscientious objection to military service is recognised by the United Nations as part of the right to freedom of thought, conscience and religion or belief. However, conscientious objectors face a number of serious and negative implications for their refusal to perform military service when States do not recognise or adequately implement this right.[1] Continue reading