Category Archives: Laws

02Jul/21

Athletes’ Freedom of Expression: The Relative Political Neutrality of Sport

Abstract

Athletes are not just sports people; they are certainly among the most prominent figures of their present time, playing an important role in shaping opinions with their power to inspire. For this very reason, athletes’ freedom of expression is strongly limited by the sport authorities in light of the fundamental principle of sport neutrality. This study analyses and questions the traditional constraints to athletes’ free speech by taking into consideration the role of human rights in sports legal order and in sporting affairs. By assuming an emerging relativization of sport political neutrality, the essay investigates the case-law concerning athletes’ freedom of expression identifying limits and perspectives of the current evolutions on athletes’ public statements, establishing to what extent a reform of the present sporting regulation on freedom of expression is needed.

02Jul/21

Regulating Infrastructure: Human Rights and the Sustainable Development Goals in Myanmar

Abstract

Infrastructure projects, including roads, railways, power, telecommunications and water facilities, are considered necessary to promote many different human rights and the Sustainable Development Goals (SDGs). Infrastructure development has been a central feature of the Myanmar government’s policies, including the Myanmar Sustainable Development Plan 2018–2030, to sustain economic growth and achieve the SDGs. As in many countries, public–private partnerships are promoted to help implement these policies. Yet, infrastructure projects have been associated with serious human rights violations, including in Myanmar. This article explores the links between infrastructure, international human rights law and the SDGs. It analyses how this relationship is governed by international, domestic, ‘soft’ law and self-regulatory mechanisms. It then assesses Myanmar’s legal and policy framework for promoting infrastructure investment and implementing the SDGs. It concludes that there is scope to further clarify responsibilities and accountability mechanisms for the human rights impacts of infrastructure investment.

02Jul/21

Article 31, 31 Years On: Choice and Autonomy as a Framework for Implementing Children’s Right to Play in Early Childhood Services

Abstract

Article 31(1) of the Convention on the Rights of the Child (CRC) provides all children, everywhere, with the right to play. The CRC is the most widely ratified international human rights treaty, yet children’s right to play is considered ‘the forgotten right’. The widespread State inaction to fulfil this right could be partly due to continued uncertainty about how to define play. This Article argues for the application a large body of recent research with the group most qualified to determine whether activities are play or not: young children. This research demonstrates that choice and autonomy are two universal and essential indicia for an activity to be experienced as play. The Article contends that the fulfilment of young children’s right to play would significantly increase if early childhood education and care (ECEC) institutions within States utilised these two indicia within daily programmed activities and in ECEC policies.

02Jul/21

The Human Right to Suicide under International Law

Abstract

Suicide is a major global public health problem, but rarely is the subject viewed as a human right. With the sole exception of the European Court of Human Rights (ECtHR), no international authority has taken a strong position on whether a human right to suicide exists. Even that court’s jurisprudence goes no further than intimating that such a right falls within the scope of the human right to private life. This essay tackles the question of whether there is a human right to suicide under existing international law and, if so, what are its sources and limits. It concludes with an analysis of what obligations, both negative and positive, a right to suicide would impose on the state.