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Abstract
The scope of the fundamental right to freedom of religion has been broadly dis­cussed in recent jurisprudence and doctrine. Doctrine has however paid little attention to the role of constitutionalism and its principles such as this of the separation of church and state and the division of power. These principles are often not mentioned as such in inter­national human rights treaties. Does this mean that they are irrelevant in human rights adjudication?
This article addresses the proper function of constitutionalism in human rights jurisprudence and in settling religious conflicts more in general. The Lautsi judgment of the European Court of Human Rights is used as a trigger to look at the relationship between religion, constitutionalism and human rights, and at the legitimacy of supranational courts. The article argues that international human rights jurisprudence must take national consti­tutionalism and its principles into account when dealing with the freedom of religion, even when those principles are not explicitly enshrined in human rights treaties. For this the use of the margin of appreciation seems to be appropriate.

The Palestinian Question has been at the heart of the United Nations (UN) since its establishment. Yet, the "intergovernmental" mechanisms of the world organization have proven to be largely ineffective in finding a just and sustainable solution to one of the most important and intractable issues of the UN-era. In between political and diplomatic struggles, the UN Human Rights Council Special Rapporteurs on Palestine are increasingly regarded as the only truly independent and expert voices as well as valuable sources of information regarding the issue. However, the special rapporteurs are one of the least studied aspects of the UN regarding the Palestinian question. Drawing highly on the social constructivist premise on the role of ideas and norms in constructing/deconstructing the legitimacy discourse in international politics, this study attempts to theoretically question and empirically analyse how the "actorness" of the special rapporteurs have the potential to affect the course of the Palestinian question. The article concludes that the mobilization of normative arguments on the Palestinian Question at the transnational level and framing the issue for collective debate supported by technical and knowledge-based legal expertise of UN Special Rapporteurs may confer a renewed legitimizing role for the United Nations.

Human rights have never received more attention than at present. All around the world there is new vigor in dealing with gross human rights abuse. As a result, the last ten years have seen major developments in international criminal processes to deal with these issues. Accountability for these violations, a major problem in the past, has improved to some degree. This is true at both international and domestic levels. With the establishment of the International Criminal Tribunal for Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Court (ICC), the prospects for prosecuting those responsible for gross human rights violations are more likely than before.

Los derechos humanos son esenciales en el trabajo social, ellos dan las bases de la concepción misma de la profesión e influyen cotidianamente en la práctica. El retorno actual a una interrogación ética muestra a qué punto nos es necesario revisitar los fundamentos, recordarnos las bases y tomar apoyo en ellos para llevar adelante una labor difícil y comprometida. Revisitar los valores que sostienen la práctica y le dan sentido en este contexto es hoy en día primordial. En este articulo, propongo reflexionar sobre tres puntos. El primero trata de los derechos humanos como formando parte inseparable del trabajo social, veremos los valores humanistas y democráticos y los principios operatorios de la relación de ayuda. El segundo presenta el concepto de persona como finalidad del trabajo social, la definición del concepto y las orientaciones actuales hacia una mayor participación de los usuarios. El tercero esbozará los caminos que llevan de los principios de los derechos humanos a la práctica profesional: cambiar de mirada, movilizar recursos y crear nuevas posibilidades. ; Human rights are essential in social work, they give the bases of the same conception of the profession and influence practice every day. The current return to an ethical interrogation shows us that it is necessary to revisit the basics, remind us of the bases and take support on them to carry out a difficult and committed work. Revisit the values that sustain the practice and give sense in this context is today essential. In this article, I propose to reflect on three points. The first is human rights as forming an inseparable part of social work, we will see the humanist and democratic values and operative principles of the helping relationship. The second introduces the concept of person as the purpose of social work, the definition of the concept and the current guidelines towards a greater participation of users. The third outlines the roads leading from the principles of human rights to professional practice: change our look, mobilize resources and create new possibilities.

This publication is the second volume of Thematic Human Rights Guides published under the auspices of the Raoul Wallenberg Institute of Human Rights and Humanitarian Law. The aim of the Guides , as the title implies, is to facilitate the use of international human rights standards by their systematic presentation. Rather than reproducing full texts of various instruments, substantive standards are grouped according to subject-matter in order to enable users to quickly and easily locate the topic they may be looking for. A detailed index, with references to the many international instruments which address the same issue, reinforces this thematic approach. The choice of human rights and health for the second volume in this series highlights the aim of the Guides : to map out the entire range of human rights and fundamental freedoms as they relate to a specific topic. The sheer size of this volume illustrates the number and variety of human rights standards relevant for health. Many of these standards have been generated by organizations dealing with health rather than human rights, and quite a few are found under medical ethics rather than human rights. Subsuming medical ethics under international human rights law is a novel development, pioneered by the Council of Europe. Elsewhere, the two fields remain separate and the publication of this Guide is intended to overcome this separation. Documents have been included which provide an understanding of human rights within the health profession (such as guidance to medical doctors with regard to abortion adopted by the International Medical Association) and those human rights safeguards that have been elaborated to prevent abuses by health professionals (such as those concerning mental health). All of these standards provide a substantive background for inter-professional dialogue on the evolving understanding of human rights. A Thematic Guide to Documents on Health and Human Rights reflects the full range of issues encompassed by human rights and health. Besides the right to health, a wide range of rights and freedoms can be - and is - affected by the health sector. Priority has been accorded to the crucial human rights safeguards, namely those specifying protection against undue limitations or restrictions upon human rights. Much as with any other human rights topic, those safeguards are best developed for categories that are most vulnerable to denials and violations of their rights. Detainees, prisoners, victims of armed conflicts, children and the mentally ill thus figure prominently

Non-governmental organizations (NGOs) have gained a very high status as the leading practitioners of development in Africa. African governments have reacted obscurely to the existence of these agencies. Although they recognise the economic resources NGOs can raise, they tend to resist the political pluralisation contingent to popular development action. This article describes the role of NGOs in Zimbabwe and analyses the dynamics of government-NGO relations and the effects on promotion and protection of human rights. By means of comparative analysis of particular NGOs in Zimbabwe, the article illustrates the factors affecting sustainability of the NGOs. This thesis also explores the challenges faced by NGOs in trying to maintain sustainable promotion and protection of human rights in Zimbabwe. The political crisis that started mainly in the early 2000 until now stirred up grave human rights violations against both the civilians and the human rights defenders. The government's dominant rule and manipulation of the political process through fabricated charges, arbitrary arrest and corruption efficiently undermined the human rights of the citizens. This political environment created many challenges for the NGOs, with some leaving the country or stopping their operations totally, some managed to sustain themselves through these challenges and they are still operating. Through the use of comparative analysis, this paper explores four NGOs to find an answer as to why some manage to sustain themselves, and the effects of lack of sustainability to the beneficiaries.

Abstract
This article explores the development of ideas in constitutional design. The point of departure is a perspective of constitutions-as-products, and thus, an examination of the invention, innovation, and an uptake of these products. The article conceptualizes constitutional innovation and distinguishes its manifestations with respect to constitutional products, the process of constitution-making, and in supporting institutions. The last two elements, in line with Schumpeter's approach to innovation, would seem especially important to constitutional development. The article provides several examples from the area of human rights and argues that innovations tend to be found in situations in which there is strong aversion to a prior order. It also shows that innovations tend to come from the periphery rather than the global core of the field. One of the sources of "mixed" constitutions is precisely such innovations, which then form raw material for further mixing.

The intersection of health and migration has become a topic of particular interest in the field of human rights. This thesis will examine how people living with HIV experience particular vulnerabilities to human rights violations during the process of immigration and settlement in Canada. The relationship between international law and the responsibility of states to provide for the highest attainable standard of physical and mental health is challenged by national immigration procedures and global health disparities. For people living with HIV, the context of migration is exacerbated by the intersections of their health status with multiple physical, social and economic identities. Migrant PHAs experience immigration through various lenses of race, gender, economic and social class, as well as through their individual and cultural histories. Migrants to Canada are likely to see their overall health decrease the longer they live in Canada as legacies of violence, racism, and wealth disparities negatively compound limited access to social and health-related resources. An elongated view of the immigration process highlights that vulnerabilities for human rights violations occur in pre- and post-migration situations and that migration health therefore cannot be isolated in time or location. Stigma and discrimination continue to influence Canadian HIV-policy both in public health and criminal law. As Canada continues to only meet the basic needs of migrant PHAs, they fail to uphold international human rights standards for the promotion and protection of privacy, holistic health, and freedom from discrimination. Gaps in policies based on the Canadian Immigration and Refugee Act, the Immigration Medical Exam, and HIV non-disclosure rulings by the Supreme Court are identified for their lack of explicit human rights language and offered alternatives for incorporating an intersectional perspective that recognises the lived experiences and multiple identities of PHAs; providing a continuum of care through both policy and practice.