Abstract: This article examines the question of hierarchy in international and human rights law primarily through the jurisprudence concerning jus cogens norms, erga omnes obligations and non-derogable rights. In human rights law the idea of hierarchy contradicts the prevailing indivisibility and interdependence approach. As jus cogens norms and erga omnes obligations operate in international law and non-derogable rights in human rights law, the relationship between these two areas of law is examined as well as the concept of hierarchy itself.
Keywords: Jus cogens norms, erga omnes obligations, non-derogable rights, hierarchy of norms.
Abstract: The judgment of the European Court of Human Rights 2006 in Sørensen and Rasmussen v. Denmark concerned the compatibility of compulsion to join a trade union on the basis of closed-shop provisions in collective agreements in Denmark with Article 11 (Freedom of Association) of the European Convention of Human Rights. This article examines some implications of the case, in particular its significance regarding priority (closed shop) provisions in collective agreements in Iceland. The author considers it unlikely that special arguments for the necessity of priority provisions in Iceland would stand up to scrutiny if the Court were to examine an Icelandic case concerning compulsory membership of a trade union on the basis of such a provision.
Keywords: Negative freedom of association, closed-shop agreements, priority provisions, compulsion to be a member of trade union, trade-union freedom and margin of appreciation.
Abstract: In the review of Norway’s Immigration Act a proposal has been made to increase the age limit on family reunification, as a measure against forced marriages. Against the background of criticism of the Danish 24 year rule, this article discusses the knowledge basis for human rights analyses. It is argued that the call for more research into the scale of involuntary marriage, often hides a basic disagreement on how to understand – and hence measure - voluntariness. Furthermore, that a closer attention to the qualitative aspects, why and how parents force their children to marry, would reveal that a higher age limit in some cases would be counter productive.
Keywords: Forced marriage, age limit, family reunification, Forced marriage involves an element of coercion, which includes physical and mental duress. (...) forced marriage is a form of domestic violence and/or child abuse. It is also a gross violation of women’s human rights.2Hannana Siddiqui: ”’It was written in her kismet’: forced marriage” i Rahila Gupta (red): From homebreakers to jailbreakers. Southall Black Sisters (London ZED Books 2003) 70. Siddiqui er leder for Southall Black Sisters, en kvinnerettsorganisasjon i London som har vært i front for å bekjempe tvangsekteskap i Storbritannia.