Dissertations / Theses on the topic 'Comité sénégalais des droits de l'homme'
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Moulay, Zaïda. "La protection de l'integrité de la personne par le Comité des droits de l'homme." Montpellier 1, 2006. http://www.theses.fr/2006MON10014.
Full textMutzenberg, Patrick. "Les observations finales du Comité des droits de l'homme adoptées au titre de l'article 40 du PIDCP." Grenoble, 2010. http://www.theses.fr/2010GREND004.
Full textThe main objective of the research is to analyze the way the Human Rights Committee interpreted its prerogatives under the article 40 of the International Convenant on Civil and Political Rights (ICCPR). The research analyze how the Committee developed its methods of work with regards to the review of the Reports of the State Parties and the adoption of the Concluding Observations. Although the Concluding Observations are not binding, they are taken into account very seriously by the State Parties. Recently the Human Rights Committee developed several initiatives with regard to the a follow-up of the Concluding Observations, including the specific follow-up procedure to monitor the steps taken by the authorities to implement the Concluding Observations. This procedure requests to the State Party to provide the Human Rights Committee with updated information on four recommendations selected for this procedure. This research reviews not only the responses received by the Committee but also assesses the work done by the Follow-up Rapporteur in this regard. The research also takes into account the work done by the other stakeholders, including the United Nations Human Rights Council and other non State actors such as the National Human Rights Institutions (NHRI) and the Civil Society Organizations
Chene, Nathalie. "La place du comité des ministres dans le mécanisme de contrôle de la convention européenne des droits de l'Homme." Nice, 1992. http://www.theses.fr/1992NICE0032.
Full textThe committee of ministers, executive organ of the council of Europe, has been assigned particular functions by the European convention on human rights. Under article 32, it is called upon to settle cases when the European court is not or can not be seised. Under article 54, it supervises the execution of the court's judgements. The historical circumstances determine the place of the committee in the control machinery. On the one hand, its intervention is necessary, as a counterbalancing organ. Indeed, its principal aim is to defend states interests facing the two-independent organs of the convention, as demonstrated by its procedure and behavior. On the other hand, the committee's intervention remains of minor importance because of the subsidiarity of its functions. The procedural or juridical subsidiarity of the committee's decision adds to the political subsidiarity. This last tendency becomes nowadays predominant on account of the reforms adopted by this organ and the control of its contentious activity. Onwards, the numerous lacks concerning the incompatibility of its political nature with judicial functions raise the question of upholding the committee of ministers in the control machinery of the European convention on human rights
Gémieux, Francine Claude. "La portée juridique des présomptions dans les systèmes européen et interaméricain de protection des droits de l'homme : contribution au renforcement de la personnalité internationale de l'individu." Antilles-Guyane, 2006. http://www.theses.fr/2006AGUY0201.
Full textOn account of the judges wisdom and the precaution of some laws, as weIl as the opportunism of a certain case law, the presumptions whose the principal effect is to reduce the burden of proof, have they become a special way to strengthen the international personality of the individual person? Those mechanisms allow the individuals who are victims of violation attributable to the State to win the case. When the State is unable to justify with relevance its attitude or to conduct the case for its own defence, it exposes itself to the presumptions of veracity of alleged facts stemming from the Regulation of the Inter-American Commission on human rights (article 39) and to the presumption of causality from European case law. The aforementioned presumptions have a protective finality. But the latter does not disappear when the individual person is implicated. Consequently, the presumptions could benefit individual persons who are in the breach of the nationallaw or of the conventionallaw. By way of illustration, the presumption of innocence and the rights of the foreigners will be examined differently. The analysis of the European case law reveals a new presumption in favour of the foreigner, member of a group, who is about to be expulsed from the State i. E. The presumption of collective expulsion. To sum up, the different presumptions allow an individual person to be better protected within the context of internationallaw and in this way to consolidate his position as the subject of internationallaw. So, the presumptions as they are used at the regionallevel contribute, according to our analysis, to the strengthening of the international personality of the individua
Bassah, Komla Séméké. "Étude sur la légitimité du Comité des droits de l'homme des Nations Unies et sur l'effectivité de sa mission." Electronic Thesis or Diss., Toulon, 2021. http://www.theses.fr/2021TOUL0145.
Full textThe research on the legitimacy and effectiveness of the HRC stems from the observation that there is a deep lack of knowledge regarding the scope of its mission, which has a negative impact on it. This study shows that despite the limits imposed on this body by the ICCPR, its work has a very significant impact on the international human rights protection. To achieve this end, the HRC adopted interpretation methods that have earned it the attention of others bodies, strengthening by the way its legitimacy. Pursuing the same goal, in order to overcome the non-binding nature of its decisions, it endeavors to give its activity the impression of that of a formally court-like function with the purpose to facilitate States’ compliance by the degree of authority with which they are endowed. However, we propose that if States do not take a new step by setting up a single international court in human rights field, it is an urgent that the UN treaties bodies system, as it known today, be rationalized for the individual’s interests. As the effectiveness of human rights dependent on States willingness, the solution against the current pitfalls requires a large-scale political project supported by them
De, Melo e. Silva Fabia. "La notion de procès équitable selon la Cour interaméricaine des droits de l'Homme au regard de la jurisprudence de la Cour européenne et du Comité des droits de l'Homme des Nations Unies : vers une spécificité latino-américaine." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010292.
Full textThis study aimed to understand the interpretative dynamics of the Inter-American Court in the construction of the Inter-American notion of due process, taking into account the “permeability" of this judicial body vis-à-vis the jurisprudential production of the European Court of Human Rights and the Committee of Human Rights of the United Nations in this regard. This “permeability" corresponds to a movement inspired by the Court of San Jose on the jurisprudence of the Iwo abovementioned organs, as well as on normative elements from other normative spaces that emerged from this research. The basis of the legitimacy of such an approach is found in the Charter of the United Nations more specifically in Articles 55, c and 56. If in the development of the material guarantees of due process (institutional and procedural), an accentuated movement of inspiration was seen regarding the instrumental guarantees (guarantees of access to justice and effective justice guarantees), their development has been marked by a movement of emancipation of the Court who does transpire inter-American specificity. These movements of inspiration and empowerment can adopt multiple "faces". In addition to these movements, it was observed a circulation of rules among the three systems and where no movement was explicitly seen, but a jurisprudential compatibility has been found, we call alignment jurisprudential. The movement of circulation of rules among systems reinforces the existence of a minimum set of guarantees of due process to be observed by countries
Hennebel, Ludovic. "Le régionalisme comme garant de l'universalisme des droits de l'homme: le cas du mécanisme de recours individuel de la Convention américaine des droits de l'homme." Doctoral thesis, Universite Libre de Bruxelles, 2005. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211047.
Full textMoukoko, Habib. "L'ONU et la promotion des droits de l'homme en Afrique : Le cas de l'Αfrique subsaharienne francοphοne." Thesis, Normandie, 2017. http://www.theses.fr/2017NORMC003/document.
Full textThe present reflection on the framework of intervention of UNO in the field as of human rights, in French-speaking sub-Saharan, pursues two principal goals. The primary goal aims at showing that the United Nations Organization is very committed on the ground of the human rights, in the countries of French-speaking space. This commitment is not new. Since 1960, year of the deployment of the first Operation of peacekeeping in French-speaking sub-Saharan Africa, the Operation of UNO in Congo (ONUC), the United Nations did not cease considering political stability, economic and social of Africa, like priority and the principal condition of the peacekeeping and the securty international. This stability passes by the creation of the effective conditions of promotion and protection of the basic rights of the African citizens. We tried, within the framework of this work to appreciate the assessment of UNO in the field as of the human rights. However, after 56 years of presence in sub-Saharan French-speaking Africa, this asssessment apears mainly negative. The second objective of this work is to analyze more precisely this failure and to understand the causes of them. Indeed, the programmes of promotion of the humlan rights, aiming inculcating a culture of respect of the human rights within the various social and economic categories and at reinforcing the capacities of the States in the field of the human rights are often unsuited to sociocultural réalities of Africa, insofar as they do not take into account, the fundamental causes of the African civil wars, that constitutite the intercommunity conflicts
Hilal, Michel. "La Charte arabe des droits de l'homme : incertitudes et ambiguïtés en matière d'application." Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA016.
Full textThe Arab human rights system relies essentially upon an international convention, the Arab Charter on human rights. An Arab human rights Committee in set up under the Charter that supervises and monitors the implementation of Charter obligations by States parties. Despite its late establishment (2004) compared to other regional systems of human rights protection, the Charter has proved to be unique in its kind. The Charter combines divine and natural rights and, by means of its general and final provisions, succeeds in curtailing its own future development. Some features of the Charter are original compared to what one finds in other international instruments. As for that, the Charter deviates from United Nations conventional standards, as it enshrines several human rights in somewhat regressive or ambiguous forms. Transposition of these rights into domestic law is expected to further widen discrepancies with United Nations human rights standards and render as a whole the efficiency of the Charter quite uncertain.In other words, the Charter itself and its implementation are far, for the time being, from strengthening universal human rights, or even maintaining for them a level of global protection near to that prevailing in accepted international standards. It is notable to address that it is one thing for the Arab League to affirm human rights, and quite another to guarantee those rights. Yet, in the human rights field, the efficiency and coerciveness of the norm is conditioned to the possibility of some kind of effective judicial review. The assessment of the Arab human rights system prompts to assert that this requirement is only poorly met, in contrast with other human rights regional systems. Hence, the urgency to revise the text of the Arab Charter on human rights in a perspective aiming at guaranteeing its progressive compliance with international human rights standards
Tonye, Jeanne de Chantal. "L’OUA et la protection des droits de l’homme." Clermont-Ferrand 1, 1997. http://www.theses.fr/1997CLF10001.
Full textStavrinaki, Stamatia. "Le régime des communications individuelles présentées en vertu de traités onusiens relatifs aux droits de l'homme." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020065/document.
Full textThe empirical construction of the United Nations human rights treaty system was based on a minimum consensus among states. Treaty bodies and monitoring procedures of treaty obligations are part of this consensus. Besides the reporting procedure, States parties have reached consensus on an individual complaints procedure. The procedure emerged after polarization and hesitation among States over the establishment of an international human rights court and the status of the individual in international law and was reproduced in without major modifications. So individual complaints procedures under United Nations human rights treaties have common procedural and institutional features. Furthermore, treaty bodies have engaged in a process of harmonization of their working methods giving us reason to be optimistic about the unity of United Nations human rights treaty system. Besides common institutional and procedural aspects, the latest treaties establishing individual complaints procedures codify the evolutionary practice of older treaty bodies, especially the Human Rights Committee. By affirming their determination to protect the object and purpose of human rights treaties and to guarantee the effectiveness of individual complaints procedures, treaty bodies strengthen implicitly the judicial aspects of the procedure. However, in the absence of judicial authority and other institutional tools for imposing on States parties’ treaty obligations, the treaty bodies are forced to seek the right balance between firmness and diplomacy without being able to ensure States parties’ cooperation. Nonetheless, observance of treaty obligations under the individual complaints procedure is a part of a long and continuous process in which treaty bodies due to their expertise and competences have a predominant role. The standardization of the individual communications procedure in the United Nations human rights treaty system strengthens the position of the individual in international law and foregrounds victims that have long remained in the shadows. By asserting their authority to interpret treaties and to ensure the effectiveness of the individual communications procedures, the treaty bodies contribute to the universalization of normative principles and their effective and coherent implementation
Ferrero, Julie. "L'interprétation évolutive des conventions internationales de protection des droits de l'homme : contribution à l'étude de la fonction interprétative du juge international." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1050.
Full textHuman rights treaties have been adopted at the end of the first half of the XXth century, in a technological, social and economic context which has since then deeply evolved. To maintain the effectiveness and relevance of those treaties, specialised jurisdictions have therefore increasingly interpreted their provisions in light of current living conditions. This method, called evolutive interpretation of treaties, is still looked at with suspicion. Indeed, it is not recognised by the Vienna Convention on the law of treaties and it may lead the judge to depart from the parties intention as expressed in the text of the convention. The evolutive interpretation of treaties invites therefore to reconsider the international judge’s interpretative function, between its strict theoretical conception and the empirical needs of contemporary international law
Nivard, Carole. "La "justiciabilité" des droits sociaux fondamentaux : étude de droit conventionnel européen." Montpellier 1, 2009. http://www.theses.fr/2009MON10032.
Full textMansuy, Isabelle. "La protection des droits des détenus en France et en Allemagne." Paris 1, 2003. http://www.theses.fr/2003PA010279.
Full textFortas, Anne-Catherine. "La surveillance de l'exécution des arrêts et décisions des Cours européenne et interaméricaine des droits de l'Homme." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020066.
Full textIn the absence of enforcement mechanisms, an international decision is deemed binding and non-enforceable, and execution is generally perceived as a “post-adjudicative” phase, belonging to the State’s imperium. Study of the supervision of execution of the judgments and decisions of the European and Inter-american Courts of Human Rights reveals that these basic assumptions can be challenged. Whereas articles 46§2 of the ECHR and 65 of the ACHR provide for political modes of supervision of execution of the judgments and decisions of the European and Inter-american Courts of Human Rights, the practice has been completely different. It appears that the said supervision procedures are respectively quasi judicial and judicial and arise in the continuation of the trial. They are also contentious, given that the supervision authorities resolve disputes relating to the execution of judgments and decisions in accordance with due process principles. These procedures contribute to redefining the concept of trial in international law and illustrate that the notion of “post-adjudicative” phase does not exist. They also serve a double purpose. First, they allow control of two types of the State conduct, imposed and expected conduct. Illustrating that the State is not free in choosing its means of execution, such control aspires to achieve the effective execution of the judgment or judicial decision. The second purpose consists in following up on the resolutions and/or orders made in the course of supervision and which result in a res executiva. This res executiva, which would have emerged on the basis of clarifications made to res judicata and State conduct, in turn becomes the subject of the follow-up procedures. The consequences of such follow-up are twofold : from the procedural point of view, it creates new forms of appeals; from the substantive point of view, it formally constraints the State and achieves enforceability of judgments and decisions, guaranteed by the supervision authorities
Ressot, Caroline. "La promotion et la protection des droits des femmes dans le cadre de l'Organisation des Nations Unies." Paris 2, 2007. http://www.theses.fr/2007PA020031.
Full textBrillat, Manuela. "Le principe de non-discrimination à l'épreuve des rapports entre droits européens." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA023.
Full textAlso perceived as an ideal, equality finds its legal incarnation in the non-discrimination principle. When examined through the European prism, it reveals its full meaning in terms of difficulties, but also of potential, for the relations between the two main European legal systems : the Council of Europe and the European Union. The European Court of Human Rights, the European Committee of Social Rights as well as the Court of Justice of the European Union, behind the apparent similarity displayed, harbour different realities, thus underming the non-discrimination principle and weakening its key role in the defence of European human rights law. In order to restore its full effectivness, this principle should be redefined, bearing in mind that its interpretation cannot change from one European legal system to another. This major challenge leads to the analysis of the exact implications, for Europe, of the cornerstone function played by the non-discrimination principle
Nene, Bi Arsène Désiré. "L’effectivité des droits de l’enfant en côte d'Ivoire : entre normes internationales et réalités locales." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3034.
Full textThe effectiveness of children’s rights in Ivory Coast is subject to a constant and fragile tension between the international standards that proclaim these rights and guarantee them and the local realities that are those of a developing country. In addition, for more than ten years, Ivory Coast has faced serious problems of political and social instability because of an armed crisis that has destabilized protection regimes in all areas where they previously existed. Could the situation of the protection of the rights of the child, mainly from international origin and placed under international control, escape this context? The thesis shows that the integration into Ivorian national law of international standards of protection through a wide participation of Ivory Coast in most instruments protecting both human rights in general and the rights of the child in particular, just as the national translation of these rights according to constitutional requirements into important legislation could give a sense of effectiveness. However, this feeling is fake. The effectiveness of these rights, when challenged by the realities of the country, falls under the weight of manifestations of violations as diverse as unacceptable. This is why measures for improved effectiveness are recommended. Their implementation could guarantee a better future for all children in Ivory Coast
Yassine, Samar. "Le Conseil de sécurité et la lutte contre le terrorisme." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10020/document.
Full textIn his fight against terrorism, the action of Security Council has witnessed an enormous progress. This progress was seen on both normative and institutional aspects leading towards a diversification of the counter terrorism mechanisms. The necessity of its definition seems be bypassed on the benefit of its eradication and suppression especially because of its gradual mutation and the highly powers given to its perpetrators. The United Nations Security Council concentrates its effort, in the mechanisms of counter terrorism, by increasing its normative powers towards a legislative one by gaining considerable prerogatives. On the institutional aspect, the Security Council has monopolized the maintain of international peace and security task, by giving the General Assembly a residual and facultative role. This power regaining is reflected on his ability to create subsidiary organs, especially after the 11th of September 2001. The amplification of the counter terrorism mechanisms was materialized by the submergence of old and fundamental aspects in international public law such as the concept of self-defense. A concept that will jeopardize the collective security system when States will unilaterally will use military force in their counter terrorism quest
Bui, Alexandra. "Contribution à l'étude des facteurs de non-respect du droit international humanitaire." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1064/document.
Full textInternational humanitarian law is one of the rare domains of international law which receive almost the entire support of the International Community and the Civil Society. Moreover, almost all of the rules that form international humanitarian law are part of international customary law which is compulsory for all, except for persistent objector. International jurisdictions, International Court of Justice and International Criminal Court, as well as doctrine agree that the rules of the law of armed conflict should be considered of superior value compared to ordinary norms. They have been qualified as obligations erga omnes, intransgressible principles of international law and even as jus cogens or imperative law. One cannot think of a better legal acknowledgment. Furthermore, international humanitarian law, at least its essential principles, appears to be one of the fundamental elements of an international moral in a globalized world. With the States and the ICRC, civil society has seized the question of its respect and even its development and many NGO work for it. We couldn’t contemplate a more favorable situation to ensure its respect that this unanimous legal and social recognition. However, the international humanitarian law is infringed every passing second. The aim of this thesis is to try to study the factors which explain the recurrence of infringements, be them legal, anthropological or sociological