La protezione dei minori non accompagnati nel diritto internazionale

Il contributo esamina le norme internazionali applicabili ai minori non accompagnati. Sebbene non vi siano molte norme specifiche in materia, numerose disposizioni riguardanti i diritti umani in generale e quelli dei minori in particolare sono applicabili a quelli non accompagnati. Qualsiasi regola pertinente è comunque soggetta al principio "supremo" dell'interesse superiore del minore

Freewheeling and Provocative: Why Using Pre-established Criteria for Settling Culturally-based Human Rights Disputes Is Impracticable

While human rights reclaim universalism, the concrete expectations arising from them are in many cases determined by the cultural specificity of the people concerned. The fact of trying – to the extent possible – to meet these expectations is an imperative inherent in human rights, for the reason that the main aspiration of the latter is to guarantee their own effectiveness, which translates into a requirement that they are guaranteed on the basis of effective equality. But effective equality inescapably requires that different situations are treated differently. This is the reason why the search for objective pre-determined criteria aimed at settling culturally-determined human rights controversies, as well as at establishing whether a given cultural practice is compatible with human rights standards, is impracticable. In fact, in such cases the solution may only be determined on a case-by-case basis, through balancing the different rights at stake with each other and ascertaining (to the extent possible) which of them is to be attributed more weight in each concrete case

AI-based Data Preparation and Data Analytics in Healthcare: The Case of Diabetes

The Associazione Medici Diabetologi (AMD) collects and manages one of the largest worldwide-available collections of diabetic patient records, also known as the AMD database. This paper presents the initial results of an ongoing project whose focus is the application of Artificial Intelligence and Machine Learning techniques for conceptualizing, cleaning, and analyzing such an important and valuable dataset, with the goal of providing predictive insights to better support diabetologists in their diagnostic and therapeutic choices.Comment: The work has been presented at the conference Ital-IA 2022 (https://www.ital-ia2022.it/

Part II Commentary, Art.16–17 Listing Intangible Cultural Heritage

This chapter looks at the listing mechanism established by the 2003 ICHC. It reveals that the need to manage the listing system so as to avoid the establishment of any kind of hierarchy was generally agreed upon during the negotiations leading to the adoption of the 2003 Convention, but in the end such a system was considered the most effective to ensure appropriate safeguarding for ICH. Indubitably, the presence of the lists ensures better visibility for the Convention, especially outside the limited circle of experts in the field. Furthermore, the two lists make the international system of safeguarding of ICH more concrete than it might be in the case that they did not exist, make the Convention more likely to attract the consent of a high number of States, and help in fostering awareness-raising of the significance of ICH which is decisive for the realization of the purposes of the Convention. Last but not least, the listing system ensures consistency with the duty for States Parties to draw up inventories of the ICH present in their respective territories

Practice and Ontology of Implied Human Rights in International Law

Since the XIXth Century, implied (unenumerated) rights have been widely recognized by the courts of several countries with the purpose of addressing the shortcomings existing in national constitutions with respect to the protection of the fundamental rights and freedoms of the human person. In the last decades, such a trend has been emulated by international human rights treaty bodies and regional courts, which use implied human rights to fill the gaps existing in human rights instruments. This practice increases the level of protection afforded to individuals and communities, achieving the goal of guaranteeing effectiveness of human rights

Legal Opinion on the Authority of the Council of Regency of the Hawaiian Kingdom

This legal opinion has been written for purposes of public awareness and clarification of the authority of the Council of Regency of the Hawaiian Kingdom and of its working relationship with the US administration

SIXTY-FIVE YEARS AND IT SHOWS THEM ALL: PROPOSALS FOR AMENDING THE 1951 CONVENTION RELATING TO THE STATUS OF REFUGEES

The 1951 Convention Relating to the Status of Refugees was one of the major accomplishments of the post-Second-World-War international legal community. It became the cornerstone of the international regulation of the right of asylum and represented the spark that ignited subsequent developments of international law in the field of asylum and refugees. Even more notable is the fact that the Convention has continued to have considerable impact despite the passing of time. However, 65 years after its adoption the Convention is showing signs of ageing, because several of its provisions are inconsistent with the present state of evolution of international human rights law. These provisions would therefore need to be updated, taking into consideration contemporary human rights standards, so as to make the Convention a living instrument capable of effectively addressing the needs of the people to whose protection it is devoted. The provisions which most require amendment are Article 1(A)(2), providing the definition of “refugee”, the exclusion clauses included in Article 1(F), and the exceptions to the prohibition of refoulement contemplated by Article 33(2).</jats:p