Journal articles on the topic 'Human rights monitoring mechanism'
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1
Pangestu, Ilham Aji, and Irma Sri Rejeki. "MONITORING KEPATUHAN NEGARA PESERTA KONVENSI PENGUNGSI MELALUI SISTEM MONITORING HAM INTERNASIONAL." SUPREMASI HUKUM 18, no. 01 (May 25, 2022): 53–62. http://dx.doi.org/10.33592/jsh.v18i01.2161.
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This study aims to find out how to monitor the compliance of countries participating in the convention through an international human rights monitoring system. This research is a normative legal research. The approaches used in this research include the statutory approach and the case approach, which are obtained from legal materials conducted through a literature study. Based on research, it is known that there is no monitoring system for state compliance with a convention, in this case the refugee convention. Reservations in conventions are often excluded on grounds of State ownership. On the other hand, refugees themselves have the same human rights as other human rights. International human rights monitoring mechanisms consist of treaty-based mechanisms and charter-based mechanisms. The international human rights monitoring system is the one most closely related to the supervision of participating countries/monitoring of the 1951 Convention considering the system between refugees and the human rights attached to it. In this case, the international human rights monitoring mechanism that can be used is a mechanism based on a treaty or a mechanism based on an international agreement. Keywords: Refugee Monitoring; Internasional Human Right Mnitoring; Refugee Convention
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Butler, Andrew S. "Legal Aid Before Human Rights Treaty Monitoring Bodies." International and Comparative Law Quarterly 49, no. 2 (April 2000): 360–89. http://dx.doi.org/10.1017/s0020589300064198.
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The right of individuals to have recourse to international human rights bodies has been regarded as one of the most significant developments in securing respect for and the promotion of universal fundamental rights and freedoms.1 First, it ensures that individuals subjected to human rights violations have an alternative forum should the domestic judicial forums not be persuaded of the existence of rights violations, for whatever reason. Secondly, the availability of an individual's right of recourse affirms the fact that the individual is an actor cognisable by international law, and is not dependent on the intervention of other States for the safeguarding of his or her rights.2 This is particularly important, as many States are slow to engage complaint mechanisms against another State for fear of reprisal (be it in the form of economic or political sanctions, or the instigation of a complaint under the same mechanism by the other state), lack of interest, or otherwise.3 Thirdly, the existence of such fora, and the right of individual complaint from a variety of countries, are useful in developing a common universal standard of human rights observance.4 The combined result of these is that implementation of the goals set out in the international human rights instruments is facilitated because the means for their enforcement are not dependent upon international politics but rather are put in the hands of the rights holders. In turn, such machinery should improve State compliance.5
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O'Donnell, Daniel. "Trends in the application of international humanitarian law by United Nations human rights mechanisms." International Review of the Red Cross 38, no. 324 (September 1998): 481–503. http://dx.doi.org/10.1017/s0020860400091282.
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UN human rights mechanisms continue to proliferate, producing numerous decisions and voluminous reports. This article reviews the ways in which such mechanisms apply international humanitarian law, including the law of Geneva and the law of The Hague. In doing so, it focuses mainly on the practice of the rapporteurs appointed by the UN Commission on Human Rights to investigate the human rights situations in specific countries and on that of the thematic rapporteurs and working groups which the Commission has entrusted with monitoring specific types of serious human rights violations wherever they occur, in particular the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions and the Representative of the Secretary-General on Internally Displaced Persons, whose mandates most often lead them to examine abuses occurring in the context of armed conflicts. Reference is also made to two innovative mechanisms which functioned in El Salvador: the first UN-sponsored “truth commission” and the first human rights monitoring body established as part of a comprehensive mechanism for monitoring compliance with a UN-sponsored peace agreement. Certain observations made by treaty monitoring bodies are also mentioned.
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Victor, MYKHAILOVSKYI. "INTERNATIONAL LEGAL MECHANISM FOR ENSURING HUMAN RIGHTS." Foreign trade: economics, finance, law 117, no. 4 (September 10, 2021): 26–35. http://dx.doi.org/10.31617/zt.knute.2021(117)03.
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Background. The problem of protecting human rights has existed throughoutthe existence of mankind. Modern globalization affects the effectiveness of international institutions in the field of human rights. After all, the rapid processes of development and adoption of international documents in the field of human rights require not only worldwide recognition, but also unquestioning implementation. In this regard, the study of the mechanism for exercising the powers of the UN Human Rights Council in the temporarily occupied territories of Crimea and Donbas is especially relevant. The aim of the article is to establish a mechanism for exercising the powers of the UN Human Rights Council to respect and ensure human rights in Ukraine, in particular in the temporarily occupied territories of Crimea and Donbas. Materials and methods. Both general and special legal methods of cognition were used during the research. The normative basis of the study were international treaties, international law and the work of domestic and foreign scientists. Results. International protection of human rights is one of the most important branches of public international law. The creation of the United Nations has opened a new page in the field of human rights institutions. In order to promote and ensure human rights in Ukraine, in particular in the temporarily occupied territories of the Autonomous Republic of Crimea and Donbas, the UN Human Rights Council implements a number of mechanisms: closely cooperateswith the UN High Commissioner for Human Rights. periodic inspections. The UN Human Rights Council serves as a forum for discussing thematic issues on all human rights. Thus, within the high-level segment of the UN Human Rights Council, on February 23, 2021, for the third year in a row, the UN General Assembly debated on the agenda item «Situation in the Temporarily Occupied Territories of Ukraine» initiated by our state. Within the framework of this event, support for the sovereignty and territorial integrity of Ukraine was expressed. Conclusion. Ukraine’s cooperation with the UN Human Rights Council is increasing pressure from the international community to respect the rights of indigenous peoples, national minorities, social human rights, democracy and the rule of law. During the Russian aggression on the territory of Ukraine, the UN Human Rights Council adopted a resolution «Cooperation with Ukraine and its assistance in the field of human rights», an agreement was concluded between the Government of Ukraine and the Office of the UN High Commissioner for Human Rights. Ukraine. Thus, despite the recommendatory nature of the powers of the UN Human Rights Council, this international institution significantly affects the level of human rights in the temporarily occupied territories of Ukraine, and contributes to the further development of human rights in Ukraine. Keywords: human rights, UN Commission on Human Rights, UN HumanRights Council, Office of the UN High Commissioner for Human Rights, UN Human Rights Monitoring Mission.
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Brems, Eva. "Ethiopia Before The United Nations Treaty Monitoring Bodies." Afrika Focus 20, no. 1-2 (February 15, 2007): 49–74. http://dx.doi.org/10.1163/2031356x-0200102004.
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Ethiopia before the United Nations Treaty Monitoring Bodies Among the many human rights conventions adopted by the UN, seven are known – together with their additional protocols – as the core international human rights instruments: ‒ The International Convention on the Elimination of All Forms of Racial Discrimination; ‒ The International Covenant on Civil and Political Rights; ‒ The International Covenant on Economic, Social and Cultural Rights; ‒ The Convention on the Elimination of all Forms of Discrimination against Women; ‒ The Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; ‒ The Convention on the Rights of the Child; ‒ The International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families. The main international control mechanism under these conventions is what may be considered the standard mechanism in international human rights protection: state reporting before an international committee. An initial report is due usually one year after joining the treaty and afterwards, reports are due periodically (every four or five years). The international committees examine the reports submitted by the state parties. In the course of this examination they include information from other sources, such as the press, other United Nations materials or NGO information. They also hold a meeting with representatives of the state submitting the report. At the end of this process the committee issues 'concluding observations' or 'concluding comments'. This paper focuses on the experience of one state – Ethiopia – with the seven core human rights treaties. This should allow the reader to gain insights both into the human rights situation in Ethiopia and in the functioning of the United Nations human rights protection system.
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Tanasescu, Tudor. "THE COUNCIL OF EUROPE AND ITS MECHANISMS FOR PROTECTING AND GUARANTEEING HUMAN RIGHTS." Agora International Journal of Juridical Sciences 10, no. 2 (December 28, 2016): 42–52. http://dx.doi.org/10.15837/aijjs.v10i2.2802.
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The Council of Europe represents the main regional/European international intergovernmental organization in which the most efficient mechanisms for guaranteeing and protecting human rights have been initiated and developed.The mechanisms implemented by this organization, aiming to protect and guarantee human rights, established through the conventional judicial tools adopted by the Council of Europe are: The European Court for Human Rights (jurisdictional mechanism), established by the European Convention on Human Rights, the conventional non-jurisdictional mechanisms for monitoring, as well as the system of regularly reporting and that of the collective complaints, employed by the European Committee for social rights, created based on the European Social Charter and its two protocols of 1991 and 1995, and the preventive control based on inquiries carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, based on the European Convention of the Prevention of Torture.Added to these some extra-conventional mechanisms are considered, such as The European Commission against racism and intolerance and The Commissioner for Human Rights at the Council of Europe.
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Kicker, Renate, Markus Möstl, and Emma Lantschner. "Reforming the Council of Europe's Human Rights Monitoring Mechanisms." Netherlands Quarterly of Human Rights 29, no. 4 (December 2011): 460–90. http://dx.doi.org/10.1177/016934411102900404.
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Kramer, Anna Katharina, Frederike Klümper, Alexander Müller, and Francesca Thornberry. "Strengthening Accountability for Responsible Land Governance: Linking Governance of Tenure to Human Rights." Sustainability 13, no. 19 (October 8, 2021): 11113. http://dx.doi.org/10.3390/su131911113.
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While there is no universal right to land enshrined in existing human rights treaties, access to land is intrinsically linked to the achievement of human rights. For example, the right to food, adequate housing, property and equality and non-discrimination are of special concern for smallholder farmers, pastoralists, women, and other marginalized groups. In this regard, the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries, and Forests in the context of national food security (VGGT) is considered a milestone document. They link binding human rights frameworks with universally agreed principles of responsible land governance. However, the implementation of the Guidelines is impeded by their voluntary nature and the absence of clear monitoring and accountability structures. The objective of this paper is to make a case for adopting human rights-based monitoring approaches that strengthen the implementation of the VGGT and, ultimately, responsible land governance. This policy analytical paper draws from a literature review, an analysis of secondary data gathered from National Human Rights Institutions working on land rights, as well as findings from two pilot case studies. The cases illustrate the need for a human rights-based land governance monitoring approach, relevant for policy-makers as well as land rights practitioners. Furthermore, this paper shows that there is currently no systemic approach that monitors the implementation of the VGGT from a human rights perspective. Therefore, the paper suggests that a human rights-based monitoring approach centered around established human rights monitoring and reporting mechanisms can provide a new, and urgently needed, impetus for implementing the VGGT. Linking VGGT implementation to human rights obligations by states can strengthen efforts towards responsible land governance reforms and contributes to holding governments accountable to their commitments.
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Johnson, Robert. "Strengthening the Monitoring of and Compliance with the Rights of the African Child." International Journal of Children’s Rights 23, no. 2 (June 9, 2015): 365–90. http://dx.doi.org/10.1163/15718182-55680009.
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The African Charter on the Rights and Welfare of the Child is a progressive human rights instrument by international human rights standards. The provisions of theunConvention on the Rights of the Child and the African Charter are contrasted, noting stronger African provisions for the child’s ‘best interests’, stronger safeguards in areas of traditional or ‘cultural’ practices, and provisions concerning the ‘duties’ of the child and its implications for the child’s empowerment. Additionally, the African oversighting Committee holds stronger mandates than exist for theunCommittee on the Rights of the Child. However, reporting and monitoring practice by states parties and the oversight mechanism fall well short of such obligations and mandates. The paper proposes a range of measures to better ensure the rights of the African child, and their importance for the rights of all children and in advancing the international human rights treaty system.
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McGaughey, Fiona. "The Role and Influence of Non-governmental Organisations in the Universal Periodic Review—International Context and Australian Case Study." Human Rights Law Review 17, no. 3 (August 23, 2017): 421–50. http://dx.doi.org/10.1093/hrlr/ngx020.
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Abstract Non-governmental organisations (NGOs) play an important, albeit limited, role in the United Nations most recent human rights monitoring mechanism, the Universal Periodic Review (UPR). Drawing on empirical data from an Australian case study and interviews with international stakeholders, the study explores the NGO role and influence in this state-centric, peer review mechanism. Case study findings indicate that recommendations made by NGOs, in particular a coalition of domestic NGOs, correlate closely with many UPR recommendations but that United Nations sources are more influential. This suggests that other United Nation human rights mechanisms complement the UPR, so that NGOs should continue to engage with both these and the UPR.
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Malinkovska, O. V., O. I. Tymoshchuk, and M. B. Husak. "PLACE OF THE COMMISSIONER FOR HUMAN RIGHTS OF THE VERKHOVNA RADA OF UKRAINE IN THE NATIONAL PREVENTIVE MECHANISM CONCERNING PROTECTION OF CONVICTS AND PRISONERS’ RIGHTS AND LEGAL INTERESTS." Scientific Herald of Sivershchyna. Series: Law 2022, no. 2 (July 12, 2022): 100–113. http://dx.doi.org/10.32755/sjlaw.2022.02.100.
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The genesis of the National Preventive Mechanism is examined in the article. The fact that the chosen model of “Ombudsman +” involves a combination of the Ombudsman’s Institute, along with representatives of non-governmental organizations and members of the public is found out. The implementation of the Ombudsman + model envisages that not only the Ombudsman himself will be involved in the process of monitoring the human rights observance in places of detention, but also members of the public who will be able to visit places of detention after receiving certain rights from the Ombudsman and check human rights there and then report to the central office, in order to fix the problems or provide recommendations to local (or central) executive bodies for improving the situation. Emphasis is placed on the fact that the establishment of the National Preventive Mechanism should in no way duplicate the functions of bodies such as the Prosecutor’s Office or the National Police. Proposed changes will help to improve the proper implementation of the National Preventive Mechanism: improvements of the legislation governing the activities of places of detention; changes in the standards of providing certain social services (applies to social places of detention); creation of bodies to monitor compliance with standards in places of detention; creation of new monitoring mechanisms to monitor compliance with standards during the stay of people in places of detention; changes in the attitude of society towards people who find themselves in places of detention and promoting the policy of “openness” of such institutions, etc. Key words: Commissioner for Human Rights of the Verkhovna Rada, National Preventive Mechanism; rights and legitimate interests; convicts; prisoners; “Ombudsman +”.
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Takahashi, Saul. "Recourse to Human Rights Treaty Bodies for Monitoring of the Refugee Convention." Netherlands Quarterly of Human Rights 20, no. 1 (March 2002): 53–74. http://dx.doi.org/10.1177/016934410202000104.
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Nearly all human rights conventions adopt the treaty body model to monitor states parties' implementation of their treaty obligations. This monitoring mechanism provides for a quasi judicial committee, far detached from sites of many of the human rights violations it reviews. On the other hand, there is no such treaty body for the 1951 Convention relating to the Status of Refugees. Rather, there is the UNHCR; a large operational agency with offices all over the world, including in sites of refugee emergencies. Effective monitoring of human rights conventions would seem to require a number of factors, including independence and transparency. Legitimate monitoring would have to be strong, and would have to be seen to be strong. Criticism raised in recent years of UNHCR's monitoring methods are largely based on frustration with these points. This paper will examine these issues, and also examine whether recourse to the treaty bodies really provides an adequate remedy for refugee rights. The argument of this paper is that while the UNHCR's monitoring of the Refugee Convention is problematic in many respects, the monitoring of refugee issues by the treaty bodies is in many ways incomplete and inconsistent, and that the treaty body model does not provide refugee advocates with a comprehensive solution.
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Moskalets, N. V. "The range of instruments of mechanism for interaction between the Constitutional Court of Ukraine and the Verkhovna Rada of Ukraine." Public administration aspects 6, no. 5 (June 18, 2018): 5–11. http://dx.doi.org/10.15421/151826.
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In the article, basing on investigation of the interaction of the Constitutional Court of Ukraine with the Verkhovna Rada of Ukraine in ensuring the rights and freedoms there was proposed the range of instruments of mechanism for interaction based on proper governance, monitoring and evaluation, including performance indicators and effectiveness, individual responsibility of a person authorized to perform the functions of the state. Due to its implementation, the public authorities will provide priority-oriented constitutional guarantees, namely human rights and freedoms in the context of promoting civil society development in Ukraine. In the article, basing on investigation of the interaction of the Constitutional Court of Ukraine with the Verkhovna Rada of Ukraine in ensuring the rights and freedoms there was proposed the range of instruments of mechanism for interaction based on proper governance, monitoring and evaluation, including performance indicators and effectiveness, individual responsibility of a person authorized to perform the functions of the state. Due to its implementation, the public authorities will provide priority-oriented constitutional guarantees, namely human rights and freedoms in the context of promoting civil society development in Ukraine. In order to enhance the implementation of the range of instruments of mechanism for interaction between the Constitutional Court of Ukraine with other public authorities, there was offered the introduction of electronic document management as a preventive anti-corruption measure with integrated monitoring and transparency mechanisms of activity of public authorities in order to reduce the level of corruption and hierarchical influence, for the purpose of openness and transparency, efficiency of activity within the democratic processes.
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Rezmer, Joanna. "International Monitoring of the Human Rights Situation in Belarus through the Universal Periodic Review: Lights and Shadows of the UN Human Rights Council Mechanism." Athenaeum Polskie Studia Politologiczne 60, no. 4 (December 31, 2018): 124–41. http://dx.doi.org/10.15804/athena.2018.60.08.
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Doyle, Nicholas. "THE ASEAN HUMAN RIGHTS DECLARATION AND THE IMPLICATIONS OF RECENT SOUTHEAST ASIAN INITIATIVES IN HUMAN RIGHTS INSTITUTION-BUILDING AND STANDARD-SETTING." International and Comparative Law Quarterly 63, no. 1 (November 18, 2013): 67–101. http://dx.doi.org/10.1017/s0020589313000390.
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AbstractOn 18 November 2012 the ‘Association of Southeast Asian Nations’ (ASEAN) adopted the ASEAN Human Rights Declaration (AHRD). ASEAN has existed since 1967 and as a result allows Southeast Asia to be identified as a ‘region’ comparable with other regions such as Africa, the Americas and Europe which have been seen as such in human rights terms for over 40 years. However, until recently Southeast Asia has not been involved in a process of regional human rights institutionalization which in other regions has been an important means of implementing international human rights treaty commitments adopted by their member-States in global forums. Furthermore, the ten States of ASEAN as a group are parties to relatively few of the principal international human rights standard-setting and monitoring regimes. Hence vesting ASEAN with a human rights mandate would seem to present an opportunity to enhance the range of human rights commitments to which ASEAN States are subject. However, after reviewing the ‘ASEAN human rights mechanism’ it is concluded that much recent ASEAN activity amounts either to political rhetoric or has potential to fragment the human rights norms recognized by those ASEAN States which are committed to international human rights treaties. For the ASEAN States which are relatively uncommitted to international human rights treaty regimes, participating in the ASEAN mechanism may reduce pressure to recognize international norms.
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Patel, Gayatri. "Smoke and mirrors at the United Nations’ universal periodic review process." International Journal of Human Rights in Healthcare 10, no. 5 (December 11, 2017): 310–22. http://dx.doi.org/10.1108/ijhrh-06-2017-0027.
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Purpose In 2006, the United Nations’ Human Rights Council was tasked to establish a new human rights monitoring mechanism: the universal periodic review process. The purpose of this paper is to examine the nature of discussions held in the process, over the two cycles of review in relation to women’s rights to access health care services. Design/methodology/approach This investigation is a documentary analysis of the reports of 193 United Nations’ state reports, over two cycles of review. Findings The primary findings of this investigation reveal that despite an apparent consensus on the issue, a deeper analysis of the discussions suggests that the dialogue between states is superficial in nature, with limited commitments made by states under review in furthering the protection of women’s right to access health care services in the domestic context. Practical implications Considering the optimism surrounding the UPR process, the findings reveal that the nature of discussions held on women’s rights to health care services is at best a missed opportunity to make a significant impact to initiate, and inform, changes to practices on the issue in the domestic context; and at worst, raises doubts as to whether the core aim of the process, to improve the protection and promotion of all human rights on the ground, is being fulfilled. Originality/value Deviating from the solely technocratic analysis of the review process in the existing literature, this investigation has considered the UPR process as a phenomenon of exploration in itself, and will provide a unique insight as to how this innovative monitoring mechanism operates in practice, with a particular focus on women’s right to access health care services.
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Akbar, Nikita Mikail. "Financial Transaction Prevention Mechanism Suspicious By Notary." Authentica 2, no. 1 (September 22, 2020): 56–78. http://dx.doi.org/10.20884/1.atc.2019.2.1.62.
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This research is to analyze the mechanism of the notary in avoiding Suspicious Financial Transaction to the deed he made. Researchers use the statutory approach and conceptual approach in normative research. Based on the research that has been done, the notary mechanism in avoiding suspicious financial transactions by applying the principle of recognizing service users with procedures through the identification of Service Users, verification of Service Users; and monitoring of User Transactions. The principle of recognizing service users for notaries required by the PPATK and the Minister of Law and Human Rights basically synergizes and is not too different from the introduction of service users conducted by a notary public before the application of the obligation to recognize service users is regulated in Minister of Law and Human Rights Regulation Number 9 of 2017. Keywords: Notary; Suspicious Financial Transactions; Recognizing Service Users
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Creamer, Cosette D., and Beth A. Simmons. "The Proof Is in the Process: Self-Reporting Under International Human Rights Treaties." American Journal of International Law 114, no. 1 (October 14, 2019): 1–50. http://dx.doi.org/10.1017/ajil.2019.70.
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AbstractRecent research has shown that state reporting to human rights monitoring bodies is associated with improvements in rights practices, calling into question earlier claims that self-reporting is inconsequential. Yet little work has been done to explore the theoretical mechanisms that plausibly account for this association. This Article systematically documents—across treaties, countries, and years—four mechanisms through which reporting can contribute to human rights improvements: elite socialization, learning and capacity building, domestic mobilization, and law development. These mechanisms have implications for the future of human rights treaty monitoring.
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Kamga, Serges Djoyou, and Ogehcukwu O. Ajoku. "Reflections on how to Address the Violations of Human Rights by Extractive Industries in Africa: A Comparative Analysis of Nigeria and South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 1 (April 21, 2017): 519. http://dx.doi.org/10.17159/1727-3781/2014/v17i1a2255.
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Transnational companies (TNCs) in general and those operating in the extractive industry sector in particular have an impact on the realisation of human rights. Yet under international human rights law, instruments regulating TNCs’ obligations in terms of human rights are non-binding. Consequently, the state in which TNCs operate remains the only duty bearer of human rights and should ensure that companies under its jurisdiction comply with human rights. The aim of this article is to examine the extent to which Nigeria and South Africa comply with their obligations to ensure that TNCs in extractive industries operating within their borders promote and respect human rights. Ultimately it is argued that the legal architecture in the countries under study does not satisfactorily shield people from the actions of TNCs. In an attempt to remedy the situation, it is suggested that a way forward could be constructed on the following pillars: inserting human rights clauses into international trade and investment agreements; raising awareness of and sensitization on the importance of corporate social responsibility as a "profit maximising mechanism"; turning corporate social responsibility into binding human rights obligations; and using international human rights monitoring mechanisms. Though the points made in this article generally engage the human rights impacts of extractive industries in Nigeria and South African, the proposed solutions are generalisable to other societies in which these industries operate.
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Rautenbach, Christa. "The Modern-Day Impact of Cultural and Religious Diversity: "Managing Family Justice in Diverse Societies"." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 1 (April 21, 2017): 552. http://dx.doi.org/10.17159/1727-3781/2014/v17i1a2257.
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Transnational companies (TNCs) in general and those operating in the extractive industry sector in particular have an impact on the realisation of human rights. Yet under international human rights law, instruments regulating TNCs’ obligations in terms of human rights are non-binding. Consequently, the state in which TNCs operate remains the only duty bearer of human rights and should ensure that companies under its jurisdiction comply with human rights. The aim of this article is to examine the extent to which Nigeria and South Africa comply with their obligations to ensure that TNCs in extractive industries operating within their borders promote and respect human rights. Ultimately it is argued that the legal architecture in the countries under study does not satisfactorily shield people from the actions of TNCs. In an attempt to remedy the situation, it is suggested that a way forward could be constructed on the following pillars: inserting human rights clauses into international trade and investment agreements; raising awareness of and sensitization on the importance of corporate social responsibility as a "profit maximising mechanism"; turning corporate social responsibility into binding human rights obligations; and using international human rights monitoring mechanisms. Though the points made in this article generally engage the human rights impacts of extractive industries in Nigeria and South African, the proposed solutions are generalisable to other societies in which these industries operate.
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Caughey, Colin. "Government human rights focal points: Lessons learned from focal points under the Convention on the Rights of Persons with Disabilities." Netherlands Quarterly of Human Rights 39, no. 2 (May 11, 2021): 119–39. http://dx.doi.org/10.1177/09240519211015557.
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The exploration for tools and approaches that will make the UN human rights treaty system more impactful has been ongoing for over thirty years. The UN Convention on the Rights of Persons with Disabilities continues to represent the most innovative approach to effecting human rights implementation at the domestic level, through placing obligations on States to designate a Disability Focal Point within government and an Independent Monitoring Mechanism outside of government. This article examines the role of Disability Focal Points and considers in particular how the current drive for the establishment of National Mechanisms for Reporting and Follow-Up may have unintended consequences for their development. The article utilises the United Kingdom as a case-study to assess the potential benefits of allocating responsibility for international reporting and follow-up to a Disability Focal Point. The article finds that the role performed by Disability Focal Points at the domestic level makes them best placed to coordinate reporting and follow-up relating to the CRPD. Furthermore, the fact that Disability Focal Points are fully integrated into domestic national policy mechanisms means that they ought to be well positioned to harness the transformative potential of the treaty body examination process.
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Saloranta, Juho. "The EU Whistleblowing Directive: An Opportunity for (Operationalizing) Corporate Human Rights Grievance Mechanisms?" European Business Organization Law Review 22, no. 4 (November 9, 2021): 753–80. http://dx.doi.org/10.1007/s40804-021-00226-y.
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AbstractDespite being an internationally accepted corporate social responsibility framework, the United Nations Guiding Principles on Business and Human Rights have not managed to provide victims of corporate human rights violations with access to remedy. The European Commission has announced plans to introduce an EU-level human rights due diligence directive which may include corporate grievance mechanisms. This article considers potential synergies between the planned directive and the mechanism laid down in the Whistleblowing Directive. Three issues are highlighted. First, stakeholders usually face retaliation after making a complaint about human rights abuses in a company’s operations. By setting formal levels of protection against retaliation, the Whistleblowing Directive offers a regulatory framework to change this reality. Second, conducting effective human rights due diligence must be based on meaningful consultation with all relevant stakeholders. If companies approach this issue in a top-down manner using auditing firms, they risk non-compliance with human rights due diligence requirements. Therefore, the legislation should include corporate grievance mechanisms to match remedies with victims’ expectations. Third, in terms of corporate grievance mechanisms, victims often lack resources to participate in them in a fair and respectful manner. This requires EU Member States to use their legislative power to lay down regulations that effectively enhance cooperation and coordination with independent monitoring bodies. To enhance the development as to access to remedy, the Whistleblowing Directive offers synergies through which to achieve greater accessibility, transparency, and victim empowerment. Corporate grievance mechanisms, facilitated by the Whistleblowing Directive, could take this a step further.
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Krommendijk, Jasper. "Can Mr Zaoui Freely Cross the Foreshore and Seabed? The Effectiveness of UN Human Rights Monitoring Mechanisms in New Zealand." Victoria University of Wellington Law Review 43, no. 4 (December 1, 2012): 579. http://dx.doi.org/10.26686/vuwlr.v43i4.5022.
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This article analyses the impact and effectiveness of the most important international monitoring mechanism for New Zealand's international human rights obligations, which is the process of State reporting under United Nations human rights treaties by committees of experts. This article concludes that the organisation of this process in New Zealand has improved since the mid-2000s and that domestic actors, such as the New Zealand Human Rights Commission and non-governmental organisations, have become more involved. There is, however, no structural follow-up to the recommendations of the supervisory United Nations committees, and as a result they often remain largely ineffective. This article will explain why the reporting process under the United Nations Convention on the Rights of the Child is considerably more effective.
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Strik, Tineke. "Fundamental Rights as the Cornerstone of Schengen." European Journal of Migration and Law 23, no. 4 (December 21, 2021): 508–34. http://dx.doi.org/10.1163/15718166-12340116.
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Abstract Although the Schengen Border Code (SBC) explicitly obliges Member States to apply the Schengen rules in full compliance with the fundamental rights, Member States’ adherence to this obligation can be questioned in light of recurrent and reliable reports about fundamental rights violations at the EU’s external borders. This contribution will examine why, apart from the deficiencies in the SCHE-VAL mechanism, the current response towards fundamental rights violations at the border is ineffective. First, it will analyse the legal framework, including the implementing rules, to see if additional guidance is needed. Second, the enforcement mechanisms will be examined: how are violations being addressed at the national level, and how does the EU Commission perceive and fulfills its role regarding enforcement of compliance? As the Commission has often referred to the monitoring mechanism as proposed in the draft Screening Regulation, the contribution will examine to what extent this New Pact file will help to resolve the current impunity. Finally, the article will analyse the role of Frontex regarding human rights violations by Member States. What is their responsibility, how do they perform it, and who is enforcing compliance by Frontex?
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Siman, Corina. "Supervision of the execution of The European Court of Human Rights’ case law." Journal of the National Institute of Justice, no. 2(57) (July 2021): 33–36. http://dx.doi.org/10.52277/1857-2405.2021.2(57).05.
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The Convention for the Protection of Human Rights and Fundamental Freedoms empowers the decision-making and executive body of the Council of Europe, id est the Committee of Ministers, to supervise the execution of the European Court of Human Rights’ case law. The mechanism thus established possesses a certain specificity, which is inherent to the European system of protection of fundamental rights. Therefore, both the political nature of the Committee of Ministers and the elements that form the process of monitoring the implementation of the content of the Strasbourg Court’s judgments and decisions are of interest.
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Citroni, Gabriella, and Maria Giovanna Bianchi. "The Committee on Enforced Disappearances: Challenges Ahead." DIRITTI UMANI E DIRITTO INTERNAZIONALE, no. 1 (March 2012): 127–68. http://dx.doi.org/10.3280/dudi2012-001005.
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The International Convention for the Protection of All Persons from Enforced Disappearance was adopted on 20 December 2006 by the United Nations and opened for signature in Paris on 6 February 2007. The Convention entered into force on 23 December 2010. A new treaty-monitoring body within the United Nations system, named Committee on Enforced Disappearances , is entrusted with the implementation of the Convention. The establishment of this new human rights mechanism at a time when the whole system of human rights treaty bodies is being reviewed was extensively debated during the negotiations for the Convention. Nevertheless, the position of those that favoured the creation of a new committee eventually prevailed. The article aims at examining the various functions entrusted to the Committee, some of which are of an especially original nature compared to other United Nations treaty-monitoring bodies. Reference is made to good practices developed by other human rights mechanisms (both treaty bodies and special procedures within the United Nations, as well as regional human rights courts) that the Committee on Enforced Disappearance could consider, as well as potential mistakes to be avoided. The article will analyze both substantive matters relating to the interpretation of the provisions of the Convention, and more practical details concerning the functioning of the Committee, its methods of work and rules of procedure.
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Drzemczewski, Andrew. "Monitoring by the Committee of Ministers of the Council of Europe: A Useful 'Human Rights' Mechanism?" Baltic Yearbook of International Law Online 2, no. 1 (2002): 83–103. http://dx.doi.org/10.1163/221158902x00073.
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Terekhova, L. A. "National and supranational mechanisms for the protection of human rights and freedoms in contemporary conditions." Law Enforcement Review 6, no. 4 (December 25, 2022): 208–19. http://dx.doi.org/10.52468/2542-1514.2022.6(4).208-219.
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Subject of the research. The article considers two levels in the mechanism of protection of human rights and freedoms: national and supranational. National includes both judicial and non-judicial methods of protection. The supranational level is represented by universal (global) and regional ways. The purpose of the research is to identify an effective mechanism for the protection of human rights that can replace the mechanism of protection provided by the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, which has ceased to be valid for citizens of the Russian Federation. Research methods are the formal-legal method, analysis, synthesis, formallogical method.The main results. Theoretically, a particular citizen can use any of the national and supranational mechanisms for the protection of human rights. However, the nature of their action and the procedure for gaining access to these mechanisms are different, which affects their effectiveness and the readiness of a person to turn to one or another method of protection. Among supranational mechanisms, the Universal Declaration of Human Rights of 1948 has a unique status: on the one hand, this document is “a symbol of the moral consensus of all states, the starting point for the creation of a modern human rights regime”; on the other hand, it is an act-declaration, the application of which in specific legal relations and the protection of human rights with its help are problematic. The International Covenant on Civil and Political Rights of 12/16/1966 provides for the establishment of a Human Rights Committee that exercises control over the provisions of the Covenant through a system of reports. Reports on measures taken to implement the rights provided for by the Covenant, as well as on non-fulfillment of their obligations under the Covenant by other States Parties, are submitted by States Parties. The mechanism of reports, however, is not reliable enough - there are states that ignore it.Regional Conventions are rightly considered the most effective means of protecting human rights. The implementation of the provisions of the Conventions is ensured by the activities of supranational judicial bodies, to which the applicant can file a complaint. The conditions for applying to such a court, its territorial proximity, the possibility of executing court decisions make this method of protection as accessible as possible. Among the national remedies, first of all, it should be noted the activity of the Constitutional Court of the Russian Federation to protect the constitutional rights of citizens. The provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms and the Constitution of the Russian Federation in the section on human rights are almost identical, often written in the same phrases. But, despite the number of coincidences in the designation of human rights and freedoms, the main thing is not the designation (this is a declaration) of a specific right or freedom, but how they are applied and what is the practice of their protection (interpretation) by the Constitutional Court at the national level and the Convention on the supranational. It is here that the understanding of “identical” formulations can differ, and the question of who is better: a national or supranational body protects a particular human right, becomes debatable. It should also be remembered about the very meaning of supranational protection as an opportunity to receive protection from one's own state, albeit a subsidiary one. Therefore, it would be wrong to assume that in the absence of the possibility of applying to the ECHR, a citizen will be able to receive protection in the Constitutional Court without prejudice to the outcome of such protection.Considering that the protection of human rights is, first of all, the activity of national courts of first instance, consideration by the courts of administrative, civil and criminal cases, in cases where it is carried out in full compliance with the norms of procedural legislation, is able to fully ensure the protection of the rights and human freedoms. To do this, the courts have all the necessary tools, you just need the ability and desire to use them.Among the internal structures for monitoring the observance of human rights, a number of state and public bodies can be distinguished - the Commissioner for Human Rights in the Russian Federation, the Council under the President of the Russian Federation for the Development of Civil Society and Human Rights, the Public Chamber of the Russian Federation, the police, the prosecutor's office and others. However, it is not possible to attribute them to the effective bodies for the protection of human rights.Conclusions. The existing national and supranational mechanisms for the protection of human rights, in their effectiveness, are not able to fully compensate for the loss of the opportunity for citizens of the Russian Federation to file a complaint with the European Court of Human Rights.
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V. V., Novitskyi. "Political and legal mechanisms for the protection of human rights through the lens of the European Union countries." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (August 2020): 180–85. http://dx.doi.org/10.33663/2524-017x-2020-11-32.
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The author of the article, first of all, draws attention to the current problems of protection and protection of human rights, which unfortunately are traced within the territorial jurisdiction of the European Union. Such problem is quite well demonstrated by Berbel Koffler, as the Commissioner of the Government of the Federal Republic of Germany on human rights and humanitarian aid policy. Indeed, the Ombudsman of Germany has raised a number of deep dilemmas: violence against human rights defenders on the grounds of their professional activity, the relation of human rights institutions with public security and economic development. In fact, these questions, in varying percentages, are equally relevant to many countries in the world. In the outlined context, the case of the European Court of Human Rights “Gabriel Weber and Caesar Richard Saravia v. Germany” of 29.06.06 was analyzed. Actually, this case covers directly the issues of human rights and national security of Germany. Grounds for initiating this case have arisen in connection with the legislative provisions of the Law of Germany on the Restriction of the Secret of Correspondence, Mail and Telecommunications of 13.08.68., ("Law G-10"), taking into account changes made under the Anti-Crime Act of 28.10.94, which extend the powers of the Federal Intelligence Service, within the so-called strategic monitoring. It is about collecting information by listening to telephone conversations in order to identify and prevent serious threats to the Federal Republic of Germany, such as: armed attacks on its territory, international terrorist attacks, other serious crimes. According to the applicants who worked as journalists, strategic monitoring can be used against individuals to prevent effective journalistic investigations. In view of these suspicions, the applicants argued that they had violated the human rights guaranteed by the Convention, such as the right to privacy and correspondence, the violation of press freedom, and the right to an effective remedy. The ECHR Judges, having examined the circumstances of the case, concluded that there were no grounds to satisfy the complaints on the basis of the following arguments: 2) German legislation, as part of strategic monitoring, is endowed with adequate and effective safeguards against abuse by authorized entities. In addition, the article analyzes the multi-vector issue of banning citizens of some European Union countries from wearing hats that completely or partially hide their faces. The fact is that, under such restrictions, in particular, the traditional clothing of women adherents of Islam has fallen. It is a “burqa” and a “niqab”. The presented study is mainly based on the legislative practice of France, Belgium, which provides for administrative as well as criminal penalties for non-compliance with the stated prohibition. In such cases as S.А.С. France, Belkacemi and Oussar v. Belgium, Dakir v. Belgium, the applicants, alleged that they had violated the human rights guaranteed by the Convention, including: the right to respect for their private life; the right to freedom of expression of one's religion or belief; the right to freedom of expression; the right to freedom of association; humiliating treatment and discrimination against the enjoyment of the abovementioned human rights. According to most ECHR judges, who have dealt with the said cases, the disputed prohibition is not necessary in a "democratic society for public safety" but its main task is to preserve the conditions of "cohabitation" as an element of "protection of the rights and freedoms of others." In the context of this debate, attention was paid indirectly to such EU Member States as: Austria, Bulgaria, Croatia, Germany, Latvia, the Netherlands, Italy, Spain, Denmark, Switzerland. Keywords: human rights, legal guarantees, security, privacy.
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Dilqem Hajizade, Fidan. "COMBATING TRAFFICKING IN HUMAN BEINGS: APPROACH OF THE COUNCIL OF EUROPE." SCIENTIFIC WORK 65, no. 04 (April 23, 2021): 234–36. http://dx.doi.org/10.36719/2663-4619/65/234-236.
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The 2005 Council of Europe Convention on Action against Trafficking in Human Beings is open for signature not only by Member States of the Council of Europe, but also non-members of the Council of Europe. This Convention is comprehensive treaty mainly focused on the protection of victims of trafficking in human beings and ensure of their rights. It also aims at preventing human trafficking as well as prosecuting perpetrators. The provisions of this Convention are applied to all forms of trafficking: both national and international trafficking and whether or not it is related to organized crime. The Convention protects the rights of women, men and children who have been subjected to any form of exploitation (sexual exploitation, forced labor, services, etc.). Moreover, the Convention provides an independent monitoring mechanism to control the implementation of the provisions of the Convention. Key words: Convention on Action against Trafficking in Human Beings, Council of Europe, GRETA, exploitation, implementation, victims of human trafficking
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Ippolito, Francesca. "Struggling with Climate Change: Environmental Rights as Children’s Rights and the Potential of the UN Convention of the Rights of the Child." German Yearbook of International Law 63, no. 1 (January 1, 2022): 511–39. http://dx.doi.org/10.3790/gyil.63.1.511.
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Children are the least responsible for climate change, yet they will bear the greatest burden of its impact, and even if children have not been entirely neglected in environmental treaties, a comprehensive regime that extends environmental human rights to them is still absent. However, the Convention of the Rights of the Child (CRC), which is the most ratified human rights instrument, is dedicated to children’s rights and is unique in specifically referring to the dangers and risks of environmental pollution. Based on this premise, this article contends that the CRC monitoring body has a unique institutional potential to interpret environmental law from a children’s rights-based perspective contributing to fighting climate change. A positive trend is evidently manifested in the General Comments and Concluding Observations that are moving from indirect considerations to explicit mainstreaming of climate change issues and related obligations. Following the entry into force of the Optional Protocol on a Communications Procedure (OPCP), which recognises that children have the right to appeal to an international mechanism specific to them, when national mechanisms fail to address violations effectively; the pending individual communication also promises to be historic in its scale of attempting to hold multiple countries simultaneously accountable for obligations under the CRC related to climate change. It is argued that a systemic integration of the Paris Agreement and the UNFCCC within the CRC context – as relevant rules of international law according to Article 31(3)(c) of the Vienna Convention – would ‘operationalise’ and make ‘justiciable’ those international environmental standards relevant to the substantive obligations under the CRC.
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KARPACHOVA, NINA. "Current Challenges to Human Rights and Freedoms and the Ombudsman Institution." Право України, no. 2021/02 (2021): 106. http://dx.doi.org/10.33498/louu-2021-02-106.
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The article examines the genesis of the institution of the Ombudsman of Ukraine – the Ukrainian Parliament Commissioner for Human Rights. The role of the Ombudsman is shown both in protecting the rights of individuals as well as in overcoming the systemic violations of human rights. The essence of modern challenges to human rights and freedoms is revealed: poverty, migration, human trafficking, modern terrorism, sea piracy, armed conflicts, wars, humanitarian disasters, dehumanization of society. The activity of the First Ombudsman of Ukraine on bringing the legislation of Ukraine and law enforcement practice in line with European and international human rights standards is analyzed. The need to form a modern legal culture based on international standards in the field of human rights and freedoms and the rule of law is analyzed. The article investigates monitoring mechanism of the national human rights institution performed through the Annual and Special Reports to the national Parliament. It also reveals forms of cooperation of the Ombudsman of Ukraine with national, international and European structures in the field of human rights. It is shown that not only the institution of the Ombudsman, in terms of its legal status, should be independent in the spirit of the Paris Principles, but the person in this post should also have personal independence. There are shown ways to establishing peace through the search for compromises and a trustful dialogue between the authorities and society. The innovation of the article is the analysis of the Ombudsman institution as a mechanism for the extrajudicial protection of human rights in the context of modern challenges to human rights and freedoms. A new term is introduced into scientific circulation – “the case law of the Ombudsman”.
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Sabaeva, S. V., and D. E. Gulyaev. "Search for the optimal model of the national preventive mechanism for the Russian Federation (results of a comparative legal study of the legislation of foreign states)." Courier of Kutafin Moscow State Law University (MSAL)), no. 4 (June 29, 2021): 204–18. http://dx.doi.org/10.17803/2311-5998.2021.80.4.204-218.
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The National Preventive Mechanism (NPM) is a unified system for monitoring the observance of human rights in places of detention, the system complies with international standards. In each State, the National Preventive Mechanism has its own characteristics. The article presents the results of a comparative legal study of the legislation of foreign states that have created the National Preventive Mechanism. Based on these results, identifies and analyzes three existing models of the National Preventive Mechanism in the world, identifies their advantages and disadvantages, and describes in detail all modifications of these models. The scientific work substantiates the author's position that the empowerment of National Preventive Mechanism functions to several decentralized bodies coordinated by one of them is optimal for the Russian Federation. Special attention is paid to the need to include in the National Preventive Mechanism of Russia an independent, regular and preventive public control over the observance of human rights in places of detention.
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M A Hamad, Ahmed, Jacklyn Jannial, and Rachma Indriyani. "Mechanisms of the Legal Protection of Human Rights in Global Regulation." Human Rights in the Global South (HRGS) 1, no. 2 (December 23, 2022): 145–57. http://dx.doi.org/10.56784/hrgs.v1i2.31.
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This article addressed the issue of violations and infringements by presenting a legal study of the most important human rights protection mechanisms at the level of global regulation. The scientific necessity necessitated the study of the role of international bodies in the field of human rights, through the international mechanisms for monitoring human rights and the oversight and protection system in them. The article examined that international law has provided humanity with a number of mechanisms whose application leads to the creation of a virtuous society in which all human beings enjoy peace and security and enjoy all rights on an equal footing. International law has adopted a set of mechanisms that include a set of provisions that criminalize every act that would harm a person, whether this act occurred on his body, honor, or religion. International law has also created a number of consensual mechanisms that undertake the task of supervising and monitoring the extent to which individuals and states respect and apply those provisions. To achieve the objectives of the article, doctrinal legal research methodology using a qualitative approach was adopted. This article referred to a number of international treaties, charters, and declarations related to human rights or international law, in addition to many studies that dealt with human rights in international law. The article recommended that every country in the world shall stipulate that its constitution or basic law include explicit provisions that guarantee the protection of human rights and provide the necessary guarantees for their implementation.
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Tyc, Aneta. "Workers’ rights and transatlantic trade relations: The TTIP and beyond." Economic and Labour Relations Review 28, no. 1 (February 13, 2017): 113–28. http://dx.doi.org/10.1177/1035304617690971.
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In the context of the working-class backlash against free trade represented by Brexit, the recent surge of right-wing political parties in Europe and the 2016 US presidential election, it is timely to take stock of the threats to jobs and wages posed by recent negotiations over the Transatlantic Trade and Investment Partnership. The European Commission selectively relied on econometric analyses, predicting a positive impact of the Transatlantic Trade and Investment Partnership. Its proposed legal text on ‘Trade and sustainable development’ fell short of the European Parliament’s negotiating guidelines, which themselves failed to ensure protection of labour standards. The activities of corporate lobbies threatened the effective protection of workers’ rights. Major risks to workers’ rights are posed by discrepancies between US and European Union labour and social law and labour standards. The most recent legal text lacks compliance monitoring provisions and sanction mechanisms against member states failing to ratify core labour conventions. The investment court system does not resolve the problems of the discredited investor-state dispute settlement mechanism for which it is the proposed replacement. The year 2016 has provided a foretaste of the dislocation likely from trade and investment regulation that sees social and environmental standards and labour rights simply as barriers to corporate profits.
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Komanovics, Adrienne. "Infringement proceedings against Azerbaijan: judicialisation of the execution of the judgments of the European Court of Human Rights." Anuario da Facultade de Dereito da Universidade da Coruña 22 (March 18, 2019): 138–56. http://dx.doi.org/10.17979/afdudc.2018.22.0.5206.
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During the last decades, States no longer tend to invoke the principle of non-interference when it comes to the scrutiny of their human rights record by peer review, reporting mechanisms or judicial procedures. Nevertheless, compliance with the recommendations or judgments of international human rights fora is a persistent concern in a number of States. Infringement proceedings was introduced in the Council of Europe only with Protocol 14 to the ECHR. While for quite a long time dormant, the procedure was invoked in December 2017 against Azerbaijan. This paper lays out the salient features of the procedure and explores whether non-execution could be effectively addressed by the judicialisation of the monitoring mechanism. Whereas the infringement procedure provides strong signals to other States with bad compliance record, it remains to be seen whether it will secure execution, due to the underlying political reasons of non-compliance.
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Davidse, Koen. "Many Happy Returns? The 50th Session of the UN Commission on Human Rights." Netherlands Quarterly of Human Rights 12, no. 2 (June 1994): 165–75. http://dx.doi.org/10.1177/016934419401200205.
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This year the Commission on Human Rights held its 50th session in Geneva. It was not a very special session, partly maybe due to the aftereffects of the World Conference on Human Rights. The established norms were not an issue this year. On supervision and monitoring, the system of working groups and experts reporting on countries and themes is well in place. It proved possible once again to adopt many resolutions on the basis of their reports. Important new mandates on the rights of women and impartiality of the judiciary were added. The Commission also remains a dominant focus point of attention for human rights problems. Problems remain, however, as far as supporting the human rights mechanisms is concerned, cooperation by some governments and follow-up on recommendations. Work from all sides is needed to foster the achievements of norms, supervision and monitoring, publicity and possible future achievements.
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Kioko, Ben. "Perspective from the African Court on Human and Peoples’ Rights." Journal of Human Rights Practice 12, no. 1 (February 1, 2020): 163–70. http://dx.doi.org/10.1093/jhuman/huaa015.
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Abstract This practice note seeks to highlight the experience of the African Court on Human and Peoples’ Rights in monitoring and ensuring the implementation of its decisions. It outlines the implementation mechanisms in place, some specific areas and judgments and their status of implementation. An attempt is also made to outline the tools that have worked, challenges, and key lessons to be learned.
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Tanasescu, Tudor. "THE CHARTER OF THE UNITED NATIONS AND INSTITUTIONAL SYSTEM FOR THE PROMOTION AND PROTECTION OF HUMAN RIGHTS." Agora International Journal of Juridical Sciences 8, no. 3 (October 2, 2014): 55–62. http://dx.doi.org/10.15837/aijjs.v8i3.1453.
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Institutional system for the promotion and protection of human rights was established by the Charter of the United Nations and on its basis thereof is part of the category of monitoring mechanisms, promotion and protection of human rights to universal level. This, together with the mechanisms carried out on the basis of conventions O. N. U. relating to human rights, has an important role in the surveillance promotion and protection of human rights and, by default, in implementing the provisions as regards international regulations in this matter.To promote and encourage respect for human rights and fundamental freedoms, the United Nations uses its subsidiary bodies, entities that have specific powers on the area referred to.
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Amel'chakov, Oleg. "The right to life in the system of constitutional rights and freedoms of individual and citizen." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2021, no. 1 (April 9, 2021): 37–41. http://dx.doi.org/10.35750/2071-8284-2021-1-37-41.
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The right to life is traditionally recognized as a natural and inalienable right of any person and citizen. It is intrinsically connected with realization of other rights and liberties.
The aim of the article is to clarify the concept and the essential nature of the constitutional right to life, to define its place in the system of fundamental human and civil rights and liberties. The article analyses constitutional rights, reveals the difference from the other human and civil rights and liberties and analysis other approaches of constitutional rights theoretic to the definition of the notion «right to life» as a constitutional right. The research gives the monitoring of the main statutory documents that defines the legal «understructure» of fixation and content of the notion «right to life» and the review of the foreign constitutional statutory documents that are devoted to the different aspects of law.
Based on the results of the research a conclusion was made that the right to life takes a special place in the system of the constitutional rights and freedoms. The right to life is the inherent human right and this is admitted on the international level. Being fundamental in nature, it is based on the constitutional norms and principles, which set up uniformity of appliance and mechanisms for ensuring and protecting the right to life.
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Coe, Brooke. "Regional Human Rights Institutions and R2P: The Role of State Monitoring in Atrocity Prevention." Global Responsibility to Protect 9, no. 3 (August 6, 2017): 294–317. http://dx.doi.org/10.1163/1875984x-00903005.
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This paper considers the potential of regional human rights institutions in the global South – including the Inter-American Commission on Human Rights, the African Commission on Human and Peoples’ Rights, and the asean Intergovernmental Commission on Human Rights – to exercise atrocity prevention functions. Specifically, it considers the possibilities and limits of their institutions and activities in contributing to early warning, direct prevention, and ‘root cause’ prevention, finding that much potential exists for the Inter-American and African Commission to make tangible contributions to prevention, broadly conceived, but that there remain important gaps between mandate and actual practices. The asean Commission lags significantly behind the others because of the Southeast Asian grouping’s continued commitment to non-interference. Despite this fact, asean norms and institutions are ever-evolving – even if slowly – and so opportunities may arise for the creation of prevention-relevant mandates and mechanisms that mirror those already embedded in the Inter-American and African systems.
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Hafner-Burton, Emilie M., Laurence R. Helfer, and Christopher J. Fariss. "Emergency and Escape: Explaining Derogations from Human Rights Treaties." International Organization 65, no. 4 (October 2011): 673–707. http://dx.doi.org/10.1017/s002081831100021x.
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AbstractSeveral prominent human rights treaties seek to minimize violations during emergencies by authorizing states to “derogate”—that is, to suspend certain civil and political liberties—in response to crises. The drafters of these treaties envisioned that international restrictions on derogations, together with international notification and monitoring mechanisms, would limit rights suspensions during emergencies. This article analyzes the behavior of derogating countries using new global data sets of derogations and states of emergency from 1976 to 2007. We argue that derogations are a rational response to domestic political uncertainty. They enable governments facing serious threats to buy time and legal breathing space from voters, courts, and interest groups to confront crises while signaling to these audiences that rights deviations are temporary and lawful. Our findings have implications for studies of treaty design and flexibility mechanisms, and compliance with international human rights agreements.
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Macpherson, Elizabeth, Julia Torres Ventura, and Felipe Clavijo Ospina. "Constitutional Law, Ecosystems, and Indigenous Peoples in Colombia: Biocultural Rights and Legal Subjects." Transnational Environmental Law 9, no. 3 (July 8, 2020): 521–40. http://dx.doi.org/10.1017/s204710252000014x.
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AbstractThe recognition of rivers and related ecosystems as legal persons or subjects is an emerging mechanism in transnational practice available to governments in seeking more effective and collaborative natural resource management, sometimes at the insistence of indigenous peoples. This approach is developing particularly quickly in Colombia, where legal rights for rivers and ecosystems are grasping onto, and evolving out of, constitutional human rights protections. This enables the development of a new type of constitutionalism of nature. Yet legal rights for rivers may obscure the rights of indigenous peoples and their role in resource ownership and governance. We argue that the Colombian river cases serve as a caution to courts and legislatures elsewhere to be mindful, in devising ecosystem rights, of the complex and interrelated rights, interests and tenures of indigenous peoples and local communities.
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Shakun, Vasyl, Valerii Heiets, and Olena Borodina. "Ensuring Human Rights in Land Relations: Socio-Economic and Legal Principles." Journal of the National Academy of Legal Sciences of Ukraine 29, no. 1 (June 21, 2022): 59–69. http://dx.doi.org/10.37635/jnalsu.29(1).2022.59-69.
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The opening of the free land market and the expansion of its purchase and sale in the current conditions of development of Ukrainian society and the state is an extremely relevant topic and requires appropriate scientific study from the standpoint of human rights. Therefore, the authors aimed to analyse international legal documents in the field of regulation of protection of peasants' rights to land and proposed scientifically sound proposals to improve the relevant processes in Ukraine. The work with the use of general and special methods of scientific knowledge (dialectical, formal-logical, systematic, historical-legal and comparative analysis) considers the legal framework and international approaches to protect the rights of peasants to land in the context of clarifying and summarizing the basic provisions of human rights documents. especially the UN Declaration on the Rights of Peasants and Other Persons Working in Rural Areas, adopted by the UN General Assembly in December 2018. The analysis showed that a number of other rights enshrined in the Declaration are mutually reinforcing and necessary for the protection of land rights, including the right to participate, the right to information and access to justice. As a result of the study, proposals were developed for Ukraine to fulfill its obligations as a member of the UN and a member state of the UN Human Rights Council in the field of protection of land rights of peasants. All branches of government in Ukraine, including the executive, legislature and judiciary, should be involved in the implementation of the Declaration by creating new mechanisms for human rights practices in land regulation and a system for monitoring the rights of peasants in the free land market at national and local levels
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Lukan, Mariia. "Protecting the Freedom of Corporate Commercial Expression and Advertising." Philosophy of law and general theory of law, no. 1 (December 21, 2021): 247–61. http://dx.doi.org/10.21564/2707-7039.1.247606.
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The European Court of Human Rights (ECHR) has consistently recognized corporationsas entities falling within the scope of protection of the European Convention on Human Rights.The ECHR’s perception of corporations as “beneficiaries” of human rights is subject to criticism forconceptual incompatibility (human rights can only apply to people) and accusations that as long ascompanies refuse to commit to human rights, they should not be able to benefit from their protection).There is a discussion in the scientific literature about the philosophical and legal rationale forgranting corporations human rights. It is clear that human rights are for man. Therefore, they needa philosophical understanding and theoretical substantiation of the issue of extrapolation of humanrights protection to corporations; because corporations have a certain impact on the economic andsocial life of people, people in this context are the weaker sides. What are the consequences?This article will consider the European Court of Human Rights’ approaches to protecting corporationsfor freedom of expression and advertising under Article 10 of the Convention on Human Rights.The main principles of protection of freedom of corporate expression and advertising are: 1) thecorporation has the right not only to protect freedom of expression and advertising, which appliesnot only to “information” or “ideas” that are favorably (positively) perceived by society, but alsothose that are considered offensive or shocking. Such are the demands of pluralism, tolerance andbroad-mindedness, without which there is no “democratic society;” 2) the protection of freedomof expression of corporations is subject to exceptions, which, however, must be interpreted strictly,and the need for any restrictions must be sufficiently convincing; 3) exceptions to the protectionof freedom of expression presuppose the existence of an “urgent social need” which determineswhether a “restriction” is compatible with freedom of expression, which is protected by Article 10 ofthe ECHR; 4) The task of the European Court of Human Rights in the administration of justice is todetermine whether the restrictions were “proportionate to the legitimate aim pursued” and whetherthe grounds given by the national authorities to justify them were “relevant and sufficient.” In doingso, the Court must satisfy itself that the domestic authorities applied standards which complied withthe principles enshrined in Article 10 of the Convention and, in addition, relied on an acceptableassessment of the relevant facts.According to the author, the criteria developed by the ECHR for assessing the protection of theright to freedom of corporate commercial expression and advertising are fair and effective. Given thefact that the European Convention on Human Rights is a living mechanism that should be interpretedin the “light” of modern conditions, the emergence of new improved approaches to determiningthe extent and existence of violations in this area should not be ruled out. It is true that in today’smarketplace, corporations have the right to defend their rights, including freedom of expression andadvertising, and to protect themselves, for example, from unfair competition, when a corporationis “attacked” by unfair accusations or baseless accusations that damage its business reputation. Inaddition, corporations must also respect and respect human rights. According to the author, thecreation of a truly effective mechanism for monitoring the observance of human rights by corporations can balance the weights of “opponents” and “supporters” of recognizing the right of corporations toprotection by referring to the principles of the European Convention on Human Rights.
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Zapara, Svitlana, Yaroslav Melnyk, Mariya Melnyk, Maryna Kuznetsova, and Natalia Bondar. "Labour Relations and the Information Security of the State during the Covid-19 Pandemics." Information & Security: An International Journal 45 (2020): 77–88. http://dx.doi.org/10.11610/isij.4505.
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The technological changes directly influence human values, way of life, communication, education, new digital competencies, economic productivity, social rights, privacy, access to information, and more. Understanding and describing these effects is key for understanding the new digital social reality and determining possibilities, challenges, and threats of the fourth industrial revolution. The prerequisites of this study are the objective monitoring of the state of social and labour relations in Ukraine and other countries, the analysis of urgent issues of alternative employment, the global crisis and crisis of the human rights mechanism of social and labour relations, changes in the legal status and powers of trade union organizations. These institutions are intended to protect the interests of employees, to facilitate the ‘individualization’ of labour relations, and new forms to protect employees’ rights and interests.
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Jaeger, Markus. "The Additional Protocol to the European Social Charter Providing for a System of Collective Complaints." Leiden Journal of International Law 10, no. 1 (March 1997): 69–80. http://dx.doi.org/10.1017/s0922156597000058.
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The European Social Charter (ESC) was signed in 1961 and has been in force since 1965. Protecting 19 fundamental rights, it was conceived as the counterpart, in the field of social and economic rights, to the European Convention on Human Rights. However, it was considered to have several shortcomings as a human right instrument, namely a slow, confusing and government-controlled monitoring mechanism as well as a list of protected rights that was incomplete. This last criticism was partly met by the Additional Protocol to the Charter of 1988, which guaranteed four additional rights. However, an informal Ministerial Conference on Human Rights held in Rome on 5 November 1990 acknowledged that one had to go further. The ministers invited the Committee of Ministers of the Council of Europe to take the necessary steps for a detailed study of the role, content, and operation of the European Social Charter with a view to giving it a new impetus. In response, the Committee of Ministers authorized the convening of an ad hoc committee, the Committee on the European Social Charter (the so-called “Charte-Rel Committee”). It was instructed to make proposals for improving the effectiveness of the Charter and, in particular, the functioning of its supervisory machinery. In carrying out its task, the Committee consulted the international representatives of management and labour, including the European Trade Union Confederation (ETUC) and the Union of the Confederations of Industry and Employers of Europe (UNICE), as well as the International Labour Organization (ILO) at all stage.
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Nifosi, Ingrid. "The UN Special Procedures in the field of human rights. Institutional history, practice and conceptual framework." Deusto Journal of Human Rights, no. 2 (December 11, 2017): 131–78. http://dx.doi.org/10.18543/aahdh-2-2005pp131-178.
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The Special Procedures established by the Human Rights Commission, which entail the appointment of international experts to deal with human rights questions in specific issues, has received little scholarly attention regarding conceptual and methodological definition. This study tries to fill the gap in the analysis of SPs by developing and putting forward a conceptual definition of the UN mechanisms in question. To this aim it will turn on three main questions: Are there some «constitutional elements» of SPs? What are the main features of SPs’ human rights activity? What is the significance of such activity in terms of Human Rights Protection and Monitoring?Published online: 11 December 2017
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Van Ballegooij, Wouter, and Petra Bárd. "Mutual Recognition and Individual Rights." New Journal of European Criminal Law 7, no. 4 (December 2016): 439–64. http://dx.doi.org/10.1177/203228441600700405.
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This article focuses on the case-law of the Court of Justice and the dialogue it conducted with national apex courts when seeking to reconcile the ‘free movement of judicial decisions’, as facilitated by mutual recognition, and individual rights in its interpretation of the Framework Decision on the European Arrest Warrant. The present analysis shall concentrate on the recent judgment in Aranyosi and Căldăraru. The article concludes that for the sake of legal certainty, more guidance should be provided under EU legislation to make sure that judicial cooperation does not lead to disproportionate intrusions on individual rights or even violations of absolute rights. This should be accompanied by a permanent mechanism for monitoring and addressing Member State compliance with democracy, the rule of law and fundamental rights. Ultimately, however, the courts will have to play a crucial role in carving out and applying fundamental rights exceptions. In providing guidance to national courts, the Court of Justice needs to further clarify that the application of mutual recognition and fundamental rights exceptions are not in conflict and show proper deference to the norms developed by the European Court of Human Rights and national (constitutional) courts.
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Haglund, LaDawn. "Human Rights Pathways to Just Sustainabilities." Sustainability 11, no. 12 (June 12, 2019): 3255. http://dx.doi.org/10.3390/su11123255.
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Ecosystem disruptions pose a threat to us all, but are most acutely felt by the vulnerable: climate refugees, those experiencing water and food insecurity, or those displaced by pollution and ecosystem degradation. We struggle to find “solutions,” but they often pale in comparison to the risks we face. Collaborative approaches to sustainability that strive for balance between humans and nature are necessary but insufficient for addressing destabilizing trends. This paper argues that shifting the focus to destructive social relations and imbalances among humans unveils critical insights into to our destructive relationship with nature. A sociological view of human rights—in particular where they meet sustainability challenges—can sharpen this focus, providing guardrails within which to conceptualize, measure, and address systemic sociopolitical dimensions of sustainability challenges. The relative clarity of human rights (compared to the more amorphous “justice”), their increasing institutionalization in law and policy, and their broad legitimacy provides a structure to give “teeth” to transformational efforts stymied by inertia or unyielding power dynamics. Examples from original research and secondary literature demonstrate the utility of human rights as mechanisms of social transformation, setting boundaries for accountability and conflict resolution and laying the ground for building more just and sustainable futures.