Artykuły w czasopismach na temat „International Council on Human Rights Policy”
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1
Shustenko, S. "MAIN CHALLENGES AND PRIORITIES OF THE COUNCIL OF EUROPE INFORMATION POLICY IN THE FIELD OF INFORMATION SECURITY AND FREEDOM OF EXPRESSION". Bulletin of Taras Shevchenko National University of Kyiv. International relations, nr 2 (54) (2021): 35–39. http://dx.doi.org/10.17721/1728-2292.2021/2-54/35-39.
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The article analyzes the challenges and priorities of the Council of Europe's information policy in the field of information security and freedom of expression. The analysis is based on the latest research of leading international researchers, specialized bodies of the Council of Europe and universities. The main challenges in the information policy of the Council of Europe are related to information security in the era of global information technology innovations. The basis of all activities of the Council of Europe is a human rights act – the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), or in short – the European Convention on Human Rights. This regional instrument is a binding act for the regulation of information policy, as well as for the information security of the member states of the Council of Europe, which thereby undertook to protect the rights established therein, including the right to freedom of expression. It should be emphasized that the European Convention on Human Rights is a legally binding treaty, which in most countries of the continent has an almost constitutional status.
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Heinze, Eric A., i Douglas A. Borer. "The Chechen Exception: Rethinking Russia's Human Rights Policy". Politics 22, nr 2 (maj 2002): 86–94. http://dx.doi.org/10.1111/1467-9256.00163.
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Orthodox interpretations of human rights policies and practices in post-Soviet Russia are often construed by external critics through a historicist lens of tsarist and Soviet-era authoritarianism. Contemporary Russia's adherence to emerging international human rights norms is commonly judged in sole reference to its human rights disaster in Chechnya. In this article, we contest the notion that human rights abuses in Chechnya fully illustrate Russia's stance on international human rights. We suggest that Chechnya is the exception in the post-Soviet era, and that Russia has increasingly brought its human rights standards in line with the West. We use a historical comparative context as well as Russia's discursive response to NATO's intervention in Kosovo and its UN Security Council voting record as empirical evidence for our argument. 1
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Cała-Wacinkiewicz, Ewelina. "EU’s Human Rights Protection Policy". Reality of Politics 3, nr 1 (31.03.2012): 5–20. http://dx.doi.org/10.15804/rop201201.
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The overall objective of this paper is to outline the evolution of human rights policy in the European Union, with particular emphasis on the delimitation of time resulting from the entry into force of the Treaty of Lisbon signed on 13 December 2007, which revealed how strongly law is related to politics. Focusing on that issue is not accidental. This results from the fact that the European Union is an excellent example of an international organization whose priority aim at the moment of its creation was not the protection of human rights treated as an end in itself, and which in the course of its development has made the protection and promotion of human rights, “a silver thread running through all EU actions “. The specific objectives (though no less important from the point of view of the essence of human rights protection in the European Union) are: to show the systemic nature of the protection of those rights, the nature which is increasingly becoming part of the European Union, hitherto breaking somewhat the monopoly of the Council of Europe in this field; and to evaluate the European Union policy on the protection of human rights.
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Kontra, Miklós. "(Linguistic) Human Rights and/or Security Policy". Foreign Policy Review 14, nr 2 (2021): 62–72. http://dx.doi.org/10.47706/kkifpr.2021.2.62-72.
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Current international Human Rights obligations and language rights declarations have not proved particularly effective. For a crime against humanity a person may be sentenced to life imprisonment (e.g., Ratko Mladić for the Srebrenica massacre), but other perpetrators often go unpunished: for instance, most of those States which assimilate their linguistic minorities through submersion education programs. In his call for this conference, Professor György Andrássy urged us to find new arguments that might help to raise international language rights standards, and clarify the role of arguments in general. In this context I will address a wider issue: Does security policy pose a threat to minority language rights? These challenges have been highlighted by conflicts in Ukraine over the past five years. If the Council of Europe, the European Union, and NATO become complicit in Ukraine’s erosion of regional and minority languages, a precedent may be set whereby a linguistic minority can be deprived of the rights they previously enjoyed in their State. The example of Ukraine may be followed by other States in building homogeneous nation-states and could well lead to new conflicts in Europe. In this paper I will show that what has created a serious international conflict and paralysis in NATO could be handled quite straightforwardly by linguists.
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Pillay, Judge Navi. "South Africa’s Engagement with International Human Rights Law". Stellenbosch Law Review 2021, nr 3 (2021): 356–85. http://dx.doi.org/10.47348/slr/2021/i3a1.
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The commitment to human rights is the cornerstone of the Constitution of the Republic of South Africa, 1996. However, South Africa’s human rights record in the international community often stands in stark contrast to its constitutional commitment to human rights. In both international and regional contexts, South Africa has demonstrated an inconsistent approach to foreign policy that is often guided more by political considerations than by a principled commitment to advancing human rights. This lecture provides an overview of South Africa’s engagement with international human rights law in the constitutional era and evaluates its human rights record in the international arena in a diverse range of fields. These fields include South Africa’s record of human rights protection in peace and security operations on the African continent; its record as a member of the UN Security Council and Human Rights Council; the assessment of its performance by UN human rights treaty bodies; and its record in respect of the Covid-19 pandemic, international criminal justice, the death penalty, and the arms trade. The lecture draws on Judge Pillay’s extensive experience in international law, including as President of the International Criminal Tribunal for Rwanda, Judge at the International Criminal Court in The Hague and former UN High Commissioner for Human Rights.
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Harris, Grant T. "Human Rights, Israel, and the Political Realities of Occupation". Israel Law Review 41, nr 1-2 (2008): 87–174. http://dx.doi.org/10.1017/s0021223700000200.
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Various political realities influence the Israeli occupation of the West Bank and the Gaza Strip and, more generally, the vitality of the international law of occupation. The law of occupation—though ill-suited to modern international relations and ill-equipped for prolonged occupation—has been almost universally invoked as applicable to the Occupied Palestinian Territory (OPT). At the same time, international human rights law is increasingly viewed as applicable to occupation. This creates a dilemma for Israel because international humanitarian law and international human rights law contain conflicting prescriptions and policy goals with respect to the administration of occupied territory. In many instances, occupants seek United Nations Security Council action in order to reconcile this tension and to secure legal and political cover for their actions. By acting under Chapter VII of the United Nations Charter; the Security Council can create a select legal patchwork applicable to a particular occupation. This use of Chapter VII resolutions by the Security Council to create international law by fiat is an important trend in modern occupation. Yet geopolitics determines access to—and the content of—such resolutions, and the sensitive political context of the OPT currently makes this avenue unavailable to Israel. For the same reason, opponents of the Israeli occupation are unable to secure Security Council action to clarify and enforce Israeli legal obligations in the OPT. This Article considers these issues from the perspectives of both Israel and Palestinians in order to examine why the relative gain and loss in each case is not immediately clear. This Article also discusses how the legality of Israeli conduct in the OPT may be gauged in light of the conflicting international legal obligations imposed by human rights law and the law of occupation. A broader exploration of the impact of these phenomena reveals that these political realities serve to increase the influence of the Security Council while further undercutting the utility and relevance of the international law of occupation.
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Tuominen, Hanna. "Finland’s Status-updating through the UN Human Rights Council Campaign". Hague Journal of Diplomacy 17, nr 2 (5.04.2022): 306–30. http://dx.doi.org/10.1163/1871191x-bja10103.
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Summary The Finnish Government practises a human rights-based foreign policy, and norm advocacy within international organisations is an integral part of this ambition. One priority was to apply for UN Human Rights Council (HRC) membership for the 2022-2024 term. This article studies the Finnish campaign from the theoretical perspective of a small state seeking to update its status through norm advocacy and UN campaigning. It claims that the HRC campaign is an important means of updating Finland’s status within its ambitious Nordic peer group. Updating a country’s status can be achieved by showing moral authority and good UN membership. It also demonstrates the challenges and opportunities set by the domestic and external situation, introducing the HRC campaign priorities, based on Finland’s country brand, and shows how these are refreshed. The article draws on foreign policy documentation, campaign materials and interviews with Finnish diplomats and public officials involved in the campaign.
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Richardson, Henry J. "Divestment of the Stock Portfolio of the Society". American Journal of International Law 81, nr 3 (lipiec 1987): 744–47. http://dx.doi.org/10.2307/2202030.
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On October 25, 1986, the Executive Council of the American Society of International Law decided to divest the Society’s investment portfolio of stocks in all corporations “with direct investments in South Africa.” This action, which was taken by the Council after considerable debate, superseded the Society’s former policy of investing only in corporations with a high ranking under the “Sullivan principles.” The Council’s action is worthy of note in light of recent divestment-related actions, but especially because the resolution of economic considerations was informed by wider issues of law, moral policy making and human rights.
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Cameron, Iain. "UN Targeted Sanctions, Legal Safeguards and the European Convention on Human Rights". Nordic Journal of International Law 72, nr 2 (2003): 159–214. http://dx.doi.org/10.1163/157181003322560556.
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AbstractThe introduction of Security Council targeted financial and travel sanctions against individuals involves a qualitative change in Security Council sanctions policy, which has previously been directed against governmental entities. Targeted sanctions can be a useful weapon in the international community's attempts to pressurize repressive regimes into accepting change. However, there is a problem in using against individuals, a powerful international law mechanism designed for pressurizing states. Individuals' rights under domestic and international law can be severely affected by such sanctions. The blacklists created under Resolutions 1333 and 1390 cause particular problems, as these are quasi-criminal in nature and in practice entail an allegation that the targeted persons are terrorists or terrorist associates. However, there is no international legal mechanism for checking or reviewing the accuracy of the information forming the basis of a sanctions committee blacklisting or the necessity for, and proportionality of, measures adopted. The implementation against non-governmental or quasi-governmental entities of targeted Security Council sanctions in European states is almost certainly contrary to European human rights norms, in particular, the right of access to court under Article 6 ECHR. There is thus a conflict between obligations under the United Nations Charter (UNC) on the one hand and the ECHR (and for EU states, EC law) on the other. Mechanisms can, however, be created which provide a broadly similar level of protection to that provided by Article 6 ECHR while maintaining whatever effectiveness targeted sanctions possess, so there is no logical incompatibility between obligations under the ECHR and Security Council sanctions.
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Cofelice, Andrea. "Italy and the Universal Periodic Review of the United Nations Human Rights Council. Playing the two-level game". Italian Political Science Review/Rivista Italiana di Scienza Politica 47, nr 2 (lipiec 2017): 227–50. http://dx.doi.org/10.1017/ipo.2017.6.
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The aim of this article is to assess Italy’s behaviour in the framework of the Universal Periodic Review (UPR) of the United Nations Human Rights Council, both as a recommending state and as a state under review. The UPR is a peer review mechanism launched in 2008, through which all UN member states can make recommendations to each other regarding human rights practices. Drawing on role theory, liberal and constructivist institutionalism, and the two-level game approach, the analysis reveals that Italian decision-makers played parallel games at the domestic and international tables of the UPR, and managed to adapt country’s human rights foreign policy goals according to the different social contexts where they operated. Indeed, while in the review phase in Geneva, Italy sought legitimacy for both its policies and its status as an international ‘human rights friendly’ actor, at domestic level a policy of inactivity was chosen, in order to minimize the impact of the most costly UPR recommendations, and protect the dynamics of domestic politics. The time-span of the analysis covers the first 19 UPR sessions (2008–14), broadly coinciding with Italy’s first two membership terms at the Human Rights Council.
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Rivlin, Benjamin. "The United Nations Human Rights Council: A U.S. Foreign Policy Dilemma". American Foreign Policy Interests 30, nr 5 (20.10.2008): 347–72. http://dx.doi.org/10.1080/10803920802435427.
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Matvienko, V., i A. Smorzhevska. "DEMOCRACY AND HUMAN RIGHTS IN INDONESIAN FOREIGN POLICY". Actual Problems of International Relations, nr 135 (2018): 17–24. http://dx.doi.org/10.17721/apmv.2018.135.0.17-24.
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The article explores the practical aspects of Indonesia’s foreign policy agenda on the issues of democracy and human rights in multilateral dimension. It was clarified that state policy in this area is being implemented in the context of regional cooperation in Southeast Asia within ASEAN framework, as well as the Bali Democratic Forum and the Institute for Peace and Democracy created by Indonesia. At the international level, Indonesia’s position was expressed through the participation of the country in the UN Security Council work as a non-permanent member. It is emphasized that the ASEAN principles of regional cooperation impede Indonesia’s leadership efforts in the area of democratic transformation and complicate multilateral cooperation between the countries of Southeast Asia, and therefore Indonesia attracts other actors to this cooperation. It was found that, given Indonesia’s own problems in this area, the increased attention to democracy and human rights is indicative of their instrumental nature in Indonesia’s foreign policy, in particular its importance for strengthening Indonesian prestige abroad. At the same time, it is noted that such an agenda can stimulate Indonesia to implement more effective policy at the national level.
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Heinz, Wolfgang S. "An International Relations Perspective on the Reform Needs of the Human Rights Council". Volume 62 · 2019 62, nr 1 (1.01.2021): 43–80. http://dx.doi.org/10.3790/gyil.62.1.43.
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Abstract: This article approaches the matter of institutional reform of the United Nations Human Rights Council from an international relations perspective. A well-known tension exists between State representatives acting for their governments in international organisations, but whose decisions are presented as UN policies. The latter should be guided primarily by the UN Charter and public international law. However, in reality, different worldviews and foreign policy considerations play a more significant role. In a comprehensive stock-take, the article looks at four major dimensions of the Council, starting with structure and dynamics and major trends, followed by its country and thematic activities, and the role of key actors. Council reform proposals from both States and civil society are explored. Whilst the intergovernmental body remains the most important authority responsible for the protection of human rights in the international sphere, it has also been the subject of considerable criticism. Although it has made considerable progress towards enlarging its coverage and taking on more challenging human rights crises, among some of its major weaknesses are the election of human rights-unfriendly countries into its ranks, the failure to apply stronger sanctions on large, politically influential countries in the South and North, and lack of influence on human rights crises and chronic human rights problems in certain countries. Whilst various reform proposals have emerged from States and NGOs, other more far reaching propositions are under sometimes difficult negotiations. In the mid- to long-term, the UN human rights machinery can only have a stronger and more lasting impact if support from national/local actors and coalitions in politics and society can be strengthened.
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Yuriychuk, Yevheniya, i Stanislav Opinko. "The Activities of Ukraine's Foreign Policy Authorities in the UN and International Courts to Counter Russian Hybrid Aggression". Історико-політичні проблеми сучасного світу, nr 43 (15.06.2021): 117–35. http://dx.doi.org/10.31861/mhpi2021.43.117-135.
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The necessity of effective counteraction to the existing hybrid threats is substantiated. It presupposes the necessity of improvement and modernization of the foreign policy of the state. The importance of Ukraine’s active participation in the UN and the use of its potential in the face of external aggression are emphasized. It is mentioned in almost all key state documents in the field of foreign policy and defense. The purpose of the study is to identify the main achievements and shortcomings in the activities of foreign policy authorities of Ukraine to implement public policy in a hybrid war at the UN and international courts in the period 2014-2020. The activity of Ukrainian delegations in the UN General Assembly, UN Security Council, UN International Court of Justice, UN International Tribunal for the Law of the Sea, Permanent Court of Arbitration, International Criminal Court, European Court of Human Rights on protection of national sovereignty is considered and analyzed, rights and freedoms of citizens of Ukraine in the conditions of hybrid aggression of the Russian Federation. The effectiveness of the tactics of appealing to international courts to use the mechanism of temporary measures as a means of stopping violations of human rights and freedoms and crimes against humanity, defining the jurisdiction of the defendant. The activity of the Ukrainian delegations to the UN, the adoption of UN GA resolutions on Ukraine, the possible options for overcoming the veto mechanism in the UN Security Council are analyzed. It was found that the Government of Ukraine gradually developed a systematic approach to combating hybrid aggression in the foreign policy sphere, which was characterized by the coordination of actions of various agencies in the international arena. The implementation of the government’s human rights project “Legal Confrontation of Ukraine against the Russian Federation” has a special legitimizing significance of its actions.
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Da Lomba, Sylvie. "The echr and the Protection of Irregular Migrants in the Social Sphere". International Journal on Minority and Group Rights 22, nr 1 (9.02.2015): 39–67. http://dx.doi.org/10.1163/15718115-02201002.
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For more than a decade, the Council of Europe has expressed deep concern over irregular migrants’ poor access to basic social rights. With this in mind, I consider the extent to which the European Convention on Human Rights can contribute to protect irregular migrants in the social sphere. To this end, I consider the role of international supervisory bodies in social rights adjudication and discuss the suitability of international adjudication as a means to uphold irregular migrants’ social rights. Having reached the conclusion that international adjudication can help protect irregular migrants’ social rights, I examine the ‘social dimension’ of the European Convention on Human Rights and the significance that the European Court of Human Rights attaches to immigration status. I posit that the importance that the Court attaches to resource and immigration policy considerations in N v. United Kingdom significantly constrains the ability of the European Convention on Human Rights to afford irregular migrants protection in the social sphere.
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Anderson, Gwen, i Mary Varney Rorty. "Key Points for Developing an International Declaration on Nursing, Human Rights, Human Genetics and Public Health Policy". Nursing Ethics 8, nr 3 (maj 2001): 259–71. http://dx.doi.org/10.1177/096973300100800310.
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Human rights legislation pertaining to applications of human genetic science is still lacking at an international level. Three international human rights documents now serve as guidelines for countries wishing to develop such legislation. These were drafted and adopted by the United Nations Educational, Scientific and Cultural Organization, the Human Genome Organization, and the Council of Europe. It is critically important that the international nursing community makes known its philosophy and practice-based knowledge relating to ethics and human rights, and contributes to the globalization of genetics. Nurses have particular expertise because they serve in a unique role at grass roots level to mediate between genetic science and its application to public health policies and medical interventions. As a result, nurses worldwide need to focus a constant eye on human rights ideals and interpret these within social, cultural, economic and political contexts at national and local levels. The purpose of this article is to clarify and legitimate the need for an international declaration on nursing, human rights, human genetics and public health policy. Because nurses around the world are the professional workforce by which genetic health care services and genetic research protocols will be delivered in the twenty-first century, members of the discipline of nursing need to think globally while acting locally. Above all other disciplines involved in genetics, nursing is in a good position to articulate an expanded theory of ethics beyond the principled approach of biomedical ethics. Nursing is sensitive to cultural diversity and community values; it is sympathetic to and can introduce an ethic of caring and relational ethics that listen to and accommodate the needs of local people and their requirements for public health.
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Thomson, Jennifer. "Thinking globally, acting locally? The women’s sector, international human rights mechanisms and politics in Northern Ireland". Politics 37, nr 1 (23.06.2016): 82–96. http://dx.doi.org/10.1177/0263395716629973.
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Literature considering international human rights mechanisms stresses that they have the best chance of success when they are closest to ideas which already exist within national contexts. Research which addresses women’s human rights bodies, such as the Convention Against All Forms of Discrimination Against Women (CEDAW) and United Nations Security Council Resolution 1325 (UNSCR 1325), argues that they function best when reinterpreted to fit the local context. Yet, situations where this domestic norm translation is occurring, but policy change is not achieved, have received little consideration. Why do some contexts, even where norm translation occurs, resist policy change? This article examines Northern Ireland, where these women’s rights bodies are used extensively in the women’s sector, but where change has not occurred. It argues that norm translation is not the only important factor, and that a greater consideration of local political structures is needed in order to more fully explain policy resistance.
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Myers, Robert J. "The Carnegie Poll on Values in American Foreign Policy". Ethics & International Affairs 3 (marzec 1989): 297–301. http://dx.doi.org/10.1111/j.1747-7093.1989.tb00224.x.
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In a brief summary of a poll conducted by the Carnegie Council, Myers outlines the American public's views on issues ranging from foreign policy/peace issues to economic security, defense, and human rights. The underlying perception of the United States as the “moral nation” raises a fundamental question: How deeply imbedded is the distinction between words and deeds in American foreign policy? Some results of the survey defied explanation. “Why are Americans so avid about human rights abroad, yet so reluctant to commit foreign aid, and so indignant about the U.S. dollars that are spent on NATO and Japanese security? Logic and sentiment remain interwoven,” concludes Myers.
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Þorvaldsdóttir, Þorgerður H., i Guðbjörg Lilja Hjartardóttir. "Mannréttindastefna Reykjavíkurborgar: Áskoranir, togstreita og tækifæri". Veftímaritið Stjórnmál og stjórnsýsla 12, nr 2 (19.12.2016): 369. http://dx.doi.org/10.13177/irpa.a.2016.12.2.9.
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The City of Reykjavík took the lead in promoting equality and human rights in Iceland when the City Council adopted the first human rights policy in 2006. The policy is based on international human rights law and principles of equality and non-discrimination. A questionnaire for the city’s managers and administrators, enquiring about their experience of the human rights policy, prejudice and the status of marginalized groups, demonstrated various challenges in implementing and promoting the policy. This is due, not the least, to the fact that the national legislation on ban on discrimination is limited to gender equality, thus halting further development in the field of human rights. The human rights policy is fairly well known by the city ́s managers and administrators. They apply the policy in their different and demanding jobs especially in human resource management but to a limited extent in finance management. The policy has thus proven to be a valuable instrument to bring about changes. The City of Reykjavik aims to achieve equality for all and to work against multiple discrimination. However, some of the marginalized groups seem more vulnerable to discrimination and marginalization than other groups, notably immigrants, people with disabilities and people with long-term health issues.
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KALEYNSKA, Teodora. "Diversity and cohesion in europe – challenges and policy developments". SERIES VII - SOCIAL SCIENCES AND LAW 13(62), nr 1 Special Issue (styczeń 2021): 71–80. http://dx.doi.org/10.31926/but.ssl.2020.13.62.3.8.
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The paper presents the development of the policies of the Council of Europe for the development of a new multicultural environment in Europe based on overcoming hate speech and intolerance in Europe and by creating a policy of cohesion and inclusion. The research presents the legal framework, designed by the international organization for protecting and securing of the human rights, tolerance and basic freedoms. It also looks into the practical implementation of the legal standards.
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Akhtar, Zia. "Kashmir's Right to Self Determination: UNSC Resolutions, Human Rights Violations and Culpability under International Law". Athens Journal of Law 9, nr 1 (29.12.2022): 139–72. http://dx.doi.org/10.30958/ajl.9-1-7.
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The United Nations has voted for the Kashmir dispute to be settled by a referendum in the territory since the inception of both India and Pakistan as independent states in 1947. The Security Council resolutions have mandatory effect since their passage and a plebiscite was overdue when India decided to annex the state in August 2019. In refusing to let the people decide their future the Indian government went against the cardinal principle of self-determination. By revoking its constitutional status as a state within the Indian Union the government revoked the Article 370 without consulting any other interested party including the political representatives of the Kashmiri people. The consequence was the declaration of Martial law in the Valley enforced by an unprecedented security operation whereby the special powers allotted to the military and the auxiliary Border Security forces and Central Reserve Police force have been used to assault the human rights of the people. The Indian government has not only refused to implement the mandate of the UNSC but also breached the International Convention of Civil and Political Rights and the Universal Declaration of Human Rights. The actions of the Indian forces have been under the spotlight of the UN Human Rights Council whose reports in 2018 and 2019 implicate the military of gross human rights abuses in Kashmir. The argument of this paper is that there should be rigorous application of international humanitarian law and war crimes tribunals invested to prosecute the Indian officials for breaches of the rules in Non-International Conflicts (NIC). Keywords: Instrument of Accession; Article 370; cultural genocide; Uti possidetis; UN Chapter VI; International Covenant on Civil and Political Rights; AFSPA Public Safety; ct, OHCHR Report 2018; International
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Erni, John Nguyet. "Discerning the Human Rights Museum". European Journal of Humanities and Social Sciences 2, nr 4 (4.07.2022): 1–9. http://dx.doi.org/10.24018/ejsocial.2022.2.4.275.
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This paper critically engages with the growth of cultural actions among governments, urban policy makers, and various kinds of cultural institutions to find ways to translate human rights into accessible ideas and practices for the public. Researchers have noted an increasing interest in the utility of “cultural well-being” for promulgating a common understanding of rights in conflict-ridden times. An important type of relevant project seen in the last three decades is the construction of human rights museums. As a public cultural institution, a “human rights museum” (HRM) is defined in this paper as one that engages in collecting and curatorial exhibition of artifacts with a threefold mission to educate/advocate for the mainstreaming of rights, memorialize past events of trauma, and engender a legal common sense. This definition is consistent with the International Council of Museums’ general definition, according to the ICOM Statutes (adopted in 2007). Added to this generality are two important dimensions pursuant to HRMs, namely their relation to cultural governance and to human rights sociolegal norms. In this paper, I introduce a “juris-cultural” theoretical approach and use it to chart a conceptual framework for discerning the social, cultural, and political role played by HRMs in their vision of social memorialization and cultural transformation.
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Hirschmann, Gisela. "Cooperating with evil? Accountability in peace operations and the evolution of the United Nations Human Rights Due Diligence Policy". Cooperation and Conflict 55, nr 1 (15.02.2019): 22–40. http://dx.doi.org/10.1177/0010836719828406.
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International organizations (IOs) usually cooperate with national actors in order to implement global decisions and policies. This cooperation has become problematic as implementing partners have increasingly been accused of serious human rights violations. This article analyzes how implementing partners from the host state of a United Nations (UN) peace operation are held accountable. I argue that the complexity of contemporary peacekeeping limits the availability of traditional accountability mechanisms. I develop a conceptual model to demonstrate how, instead, different accountability forms interact and complement each other. I illustrate this interplay of accountability with a case study on the emergence of the UN Human Rights Due Diligence Policy (HRDDP). The accountability framework enacted by the Joint Human Rights Unit, the Special Procedures of the UN Human Rights Council and the International Criminal Court in the context of the UN peace operation in the Democratic Republic of the Congo threatened the legitimacy of UN peacekeeping. As a consequence, the UN adopted the HRDDP as a new, UN-based accountability mechanism to hold implementing partners from the host state of peace operations accountable.
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Pauselli, Gino, i María-José Urzúa. "Why Autocracies Fear LGBTQ+ Rights". Journal of Democracy 35, nr 2 (kwiecień 2024): 80–92. http://dx.doi.org/10.1353/jod.2024.a922835.
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Abstract: During the past decades, the rights of sexual minorities have been subject to both expansion and resistance at domestic and international levels. This essay investigates the resistance to sexual orientation and gender identity (SOGI) rights by focusing on the position of autocratic regimes in international organizations. It examines the history and evolution of discussions regarding SOGI within the United Nations (UN) and presents an analysis of the positions taken by countries in all SOGI resolutions adopted by the UN Human Rights Council (UNHRC). Democracies and autocracies are clearly divided on the topic of LGBTQ+ rights, with the latter vehemently opposing proposals to expand sexual minorities' rights. This autocratic resistance is rooted in fears of empowered minorities challenging the status quo and the perceived threat of SOGI rights as a gateway to broader liberal values. By leveraging cultural anxieties and joining forces with other nondemocratic regimes, autocracies exploit traditional values to resist the expansion of international liberal norms. The United Nations must adopt policy recommendations aimed at countering opposition to SOGI rights by emphasizing the universality of human rights, combating cultural relativism, and reframing the national sovereignty argument to garner broader support for SOGI rights.
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Friedman, Eric A., Robert Bickford, Charles Bjork, James Campbell, Giorgio Cometto, Alexandra Finch, Catherine Kane, Sarah Wetter i Lawrence Gostin. "The global health and care worker compact: evidence base and policy considerations". BMJ Global Health 8, nr 7 (lipiec 2023): e012337. http://dx.doi.org/10.1136/bmjgh-2023-012337.
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BackgroundDuring the COVID-19 pandemic, and recognising the sacrifice of health and care workers alongside discrimination, violence, poor working conditions and other violations of their rights, health and safety, in 2021 the World Health Assembly requested WHO to develop a global health and care worker compact, building on existing normative documentation, to provide guidance to ‘protect health and care workers and safeguard their rights’.MethodsA review of existing international law and other normative documents was conducted. We manually searched five main sets of international instruments: (1) International Labour Organization conventions and recommendations; (2) WHO documents; (3) United Nations (UN) human rights treaties and related documents; (4) UN Security Council and General Assembly resolutions and (5) the Geneva Conventions and Additional Protocols. We included only legal or other normative documents with a global or regional focus directly addressing or relevant to health and care workers or workers overall.ResultsMore than 70 documents met our search criteria. Collectively, they fell into four domains, within which we identified 10 distinct areas: (1) preventing harm, encompassing (A) occupational hazards, (B) violence and harassment and (C) attacks in situations of fragility, conflict and violence; (2) inclusivity, encompassing (A) non-discrimination and equality; (3) providing support, encompassing (A) fair and equitable remuneration, (B) social protection and (C) enabling work environments and (4) safeguarding rights, encompassing (A) freedom of association and collective bargaining and (B) whistle-blower protections and freedom from retaliation.DiscussionA robust legal and policy framework exists for supporting health and care workers and safeguarding their rights. Specific human rights, the right to health overall, and other binding and non-binding legal documents provide firm grounding for the compact.However, these existing commitments are not being fully met. Implementing the compact will require more effective governance mechanisms and new policies, in partnership with health and care workers themselves.
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Chachko, Elena. "Due Process Is in the Details: U.S. Targeted Economic Sanctions and International Human Rights Law". AJIL Unbound 113 (2019): 157–62. http://dx.doi.org/10.1017/aju.2019.25.
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The United States has employed targeted sanctions—economic and travel restrictions imposed directly on natural and legal persons—in a wide range of policy areas in the past two decades. This includes counterterrorism, nonproliferation, and cyber, as well as sanctions regimes aimed at changing the behavior of various governments. A substantial literature has considered the compatibility with international human rights law of the targeted sanctions practices of other actors, particularly the UN Security Council and the European Union. But relatively few scholars have examined U.S. targeted sanctions practices from that perspective. This essay argues that in principle, current U.S. designation practices can be reconciled with international standards. However, a more robust conclusion about the practices’ compatibility with international human rights law would require more information on the application of designation procedures in individual cases.
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Boyashov, Anatoly. "Coherence of European Union Actions at the UN Human Rights Council and the Council of Europe". MGIMO Review of International Relations, nr 3(66) (28.07.2019): 159–75. http://dx.doi.org/10.24833/2071-8160-2019-3-66-159-175.
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The current methodological debates on the EU external actions at international organisations raise the issue of the EU coherence. The scholarship tends to focus on EU vertical and horizontal coherence in various policies, making the EU internal coordination central in the analysis. Neither horizontal nor vertical EU coherence leads to understanding why the EU is accused of “double standards”. Little research explores the external contestation as a pivotal matter of the EU effectiveness, performance, actorness. It appears promising to make the EU action coherent over various multilateral bodies. This paper argues that the external environment is the key element for the external coherence of the EU action at the UN Human Rights Council (HRC) and the Council of Europe (CoE). It answers the research question: how to measure external coherence in EU action at the HRC/CoE? The proposed indicators are the following: 1) coherence in references to the UN/CoE and to the EU founding treaties and pivotal documents on human rights; 2) degree of external support/contestation for the EU objectives at the HRC/CoE; 3) degree of coherence of EU external representation to the HRC/CoE; 4) degree of coherence in formulating priorities and using instruments at the HRC/CoE. The paper provides the assessment by the UN, EU and non-EU experts of the EU external coherence, which is followed by policy recommendations.
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Castel, J. G. "The Legality and Legitimacy of Unilateral Armed Intervention in an Age of Terror, Neo-Imperialism, and Massive Violations of Human Rights: Is International Law Evolving in the Right Direction?" Canadian Yearbook of international Law/Annuaire canadien de droit international 42 (2005): 3–33. http://dx.doi.org/10.1017/s0069005800008481.
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SummaryWith the end of the Cold War, the United States has emerged as the sole remaining superpower whose ambition is to create a new open and integrated world order based on principks of democratic capitalism. To ensure its hegemony, the United States is prepared to resort to military action with or without UN approval when its international and national security interests are at stake. The intervention in Iraq by the Coalition of the Willing is a good example of this policy and raises the question of its legality and legitimacy under contemporary international law. May or must a state resort to military intervention against a state sponsoring terrorism or depriving its nationals of their internationally recognized human rights? The so-called “Bush doctrine” of anticipatory or preventive self-defence against a state accused of supplying weapons of mass destruction to a foreign terrorist organization, which was one of the reasons advanced by the Coalition of the Willing for intervening in Iraq, meets neither the conditions laid out in Article 51 of the UN Charter nor those of customary international law. Thus, at the present stage of development of international law, the Bush doctrine is not even lege ferenda. It is not an extension of the customary international law right of pre-emptive self-defence. Only with the approval of the Security Council pursuant to Chapter VII of the UN Charter or when it takes place within the strict confines of self-defence, can armed intervention be legitimate.The second reason for intervening in Iraq given by the Coalition of the Willing is based on humanitarian considerations, which raises the question whether the protection of human rights can be assured from the outside. Here, international law is evolving in the right direction since the international community is prepared to adopt the concept of responsibility to protect, which justifies the use of force to protect and enforce human rights as an exception to Article 2(4) and (7) of the UN Charter. Again, such intervention is legal only when approved by the Security Council acting pursuant to Chapter VII on the ground that human right crises do not fall “essentially within the jurisdiction of any state.” However, the international community, with the exception of the Coalition of the Willing, is not yet prepared to support a right of unilateral military intervention as a last resort when the Security Council is incapable and unwilling to do so. This includes intervention motivated by the non-democratic form of government of the targeted state. Although the primary responsibility to deal with human right crises rests with the United Nations based on the responsibility to protect, it is argued that one should not rule out unilateral military action based on a customary international law right of intervention to meet the gravity and urgency of the situation provided the intervening state fully observes the necessary precautionary principles governing such type of intervention. The conclusion is that terrorism and human rights abuses can only be effectively challenged through a concerted multilateral collective approach not through the politics of unilateralism.
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Savarese, Eduardo. "THE COHERENCE OF EU LAW: THE PROMOTION OF INVESTMENTS VS. THE PROTECTION OF HUMAN RIGHTS". Italian Yearbook of International Law Online 23, nr 1 (17.11.2014): 91–112. http://dx.doi.org/10.1163/22116133-90230039.
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Among the challenging legal questions which the new competence of the European Union (EU) in the field of investments abroad raises, one deserves particular attention, namely coherence between the protection of investments and the promotion of human rights and democracy within EU law. After examining general EU policy, the paper then examines the normative and procedural relationship between investment law and human rights law that emerges from arbitral case law. While areas of convergence exist, these two regimes appear to operate within a legal framework of mutual indifference. However, human rights law and related concerns represent both general principles of EU law and EU policy of paramount importance in the development of external relations. As a result, EU institutions must ensure the coherence of investment policy with human rights law and policy. The issue of coherence may be viewed from a policy perspective, with particular regard to the specific powers entrusted to the Commission, the Parliament and the Council of Europe and the current exercise of such powers. In this regard, the more the standards of investors’ protection under investment agreements are premised on clear definitions, exceptions and limitations, the more the adoption of State measures for the protection of human rights will fall within the circumstances precluding wrongfulness. In addition, the coherence issue has a normative component which concerns the compatibility of future EU International Investment Agreements (IIAs) with primary and secondary EU law. Conflicts between future EU IIAs and EU law may undermine the uniform application of EU law. Similarly, these conflicts may lead the assertion of the supremacy of EU law resulting in the violation of EU IIAs. Normative conflicts can and ought to be minimized.Among the challenging legal questions which the new competence of the European Union (EU) in the field of investments abroad raises, one deserves particular attention, namely coherence between the protection of investments and the promotion of human rights and democracy within EU law. After examining general EU policy, the paper then examines the normative and procedural relationship between investment law and human rights law that emerges from arbitral case law. While areas of convergence exist, these two regimes appear to operate within a legal framework of mutual indifference. However, human rights law and related concerns represent both general principles of EU law and EU policy of paramount importance in the development of external relations. As a result, EU institutions must ensure the coherence of investment policy with human rights law and policy. The issue of coherence may be viewed from a policy perspective, with particular regard to the specific powers entrusted to the Commission, the Parliament and the Council of Europe and the current exercise of such powers. In this regard, the more the standards of investors’ protection under investment agreements are premised on clear definitions, exceptions and limitations, the more the adoption of State measures for the protection of human rights will fall within the circumstances precluding wrongfulness. In addition, the coherence issue has a normative component which concerns the compatibility of future EU International Investment Agreements (IIAs) with primary and secondary EU law. Conflicts between future EU IIAs and EU law may undermine the uniform application of EU law. Similarly, these conflicts may lead the assertion of the supremacy of EU law resulting in the violation of EU IIAs. Normative conflicts can and ought to be minimized.Among the challenging legal questions which the new competence of the European Union (EU) in the field of investments abroad raises, one deserves particular attention, namely coherence between the protection of investments and the promotion of human rights and democracy within EU law. After examining general EU policy, the paper then examines the normative and procedural relationship between investment law and human rights law that emerges from arbitral case law. While areas of convergence exist, these two regimes appear to operate within a legal framework of mutual indifference. However, human rights law and related concerns represent both general principles of EU law and EU policy of paramount importance in the development of external relations. As a result, EU institutions must ensure the coherence of investment policy with human rights law and policy. The issue of coherence may be viewed from a policy perspective, with particular regard to the specific powers entrusted to the Commission, the Parliament and the Council of Europe and the current exercise of such powers. In this regard, the more the standards of investors’ protection under investment agreements are premised on clear definitions, exceptions and limitations, the more the adoption of State measures for the protection of human rights will fall within the circumstances precluding wrongfulness. In addition, the coherence issue has a normative component which concerns the compatibility of future EU International Investment Agreements (IIAs) with primary and secondary EU law. Conflicts between future EU IIAs and EU law may undermine the uniform application of EU law. Similarly, these conflicts may lead the assertion of the supremacy of EU law resulting in the violation of EU IIAs. Normative conflicts can and ought to be minimized.
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Gierycz, Dorota. "The Responsibility to Protect: A Legal and Rights-based Perspective". Global Responsibility to Protect 2, nr 3 (2010): 250–66. http://dx.doi.org/10.1163/187598410x500381.
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AbstractThis article analyses the responsibility to protect from a legal and rights-based perspective. It shows that the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity is rooted in existing International Human Rights Law (IHRL) and International Humanitarian Law (IHL). These crimes fall under the jurisdiction of the International Criminal Court (ICC) and evoke serious international legal consequences under all circumstances, also if tried by national courts. Protection of the individual against atrocities is a primary responsibility of states. However, if a state is unable or unwilling to exercise its protection obligations, these shift to international organisations, including the United Nations or any other authority controlling the territory and its population. The article further analyses various protection tools available within the UN human rights machinery, in particular the Human Rights Council (HRC) and the Office of the High Commissioner for Human Rights (OHCHR) and concludes that they could play a much stronger role in preventing and addressing the atrocities and that the most important obstacle in this respect is the prevailing institutional gap between human rights and security matters within the UN. The article concludes that the responsibility to protect clause adopted by consensus by the 2005 World Summit in its Outcome Document (GA Resolution A/60/1) constitutes an important commitment towards implementing these universal rights and obligations which are lacking enforcement and continue to be violated, especially in armed conflicts. It also identifies research and policy recommendations that may facilitate operationalisation of this important clause.
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Loboda, K. S. "COOPERATION BETWEEN UKRAINE AND THE UN AT THE PRESENT STAGE". Actual Problems of International Relations, nr 144 (2020): 34–40. http://dx.doi.org/10.17721/apmv.2020.144.1.34-40.
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The article is devoted to the United Nations Organization, which turns 75 this year. The article reveals the cooperation between Ukraine and the UN. Despite the ongoing aggression by the Russian Federation, Ukraine pays special attention to the UN's efforts to maintain international peace and security, considering participation in it as an important factor in its foreign policy. Ukraine is an active participant in the activities of the UN system in the field of human rights, a party to all major UN human rights instruments, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Optional Protocols and the International Convention on the Elimination of all forms of racial discrimination. Since March 2014, at the invitation of our state, the UN Monitoring Mission in the field of human rights has been operating in Ukraine, recording the human rights consequences of Russian aggression. Our country receives significant technical, advisory and financial assistance from UN specialized agencies, its funds and programs, in particular, in the areas of democratic governance, poverty alleviation, achieving the National Sustainable Development Goals, supporting public administration, combating HIV / AIDS and other serious diseases, environment. In connection with the above, it should be emphasized that Ukraine, as a founding member of the United Nations, does not stand aside, but actively cooperates with this respected international organization in all areas of its activities. Ukraine remains a supporter of strengthening and increasing the effectiveness of the UN and adapting to modern challenges in the world. Keywords: United Nations Organization, Ukraine, Security Council, human rights, peacekeeping.
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Herzberg, Anne. "Lex Generalis Derogat Legi Speciali: IHL in Human Rights Regulation of Military Courts Operating in Situations of Armed Conflict". Israel Law Review 54, nr 1 (14.01.2021): 84–119. http://dx.doi.org/10.1017/s0021223720000230.
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The operation of military courts is clearly allowed for and, in some cases, mandated by international humanitarian law (IHL). Nevertheless, the use of military courts has been one of the most controversial and hotly debated areas of human rights. Despite the ostensibly exclusive military domain, many human rights bodies have registered significant scepticism towards this type of justice. Consequently, they have sought actively to regulate this ‘IHL space’ with scant attention to the requirements of IHL itself. The article examines comments, case law, draft rules and other measures taken by two human rights frameworks: the United Nations Human Rights Council and the African Commission on Human and People's Rights. It will analyse how, since 2000, these bodies have approached the issue of IHL when assessing the legitimacy and operation of military courts. For instance, do they consider IHL as a source of law guiding their efforts and rely on IHL instruments? How do they resolve conflicts between IHL and international human rights law? Additionally, the article will consider the validity, legality and effectiveness of these efforts. It concludes that, in reviewing military courts, there exists significant neglect of IHL in human rights frameworks. Through overlooking IHL or relegating it to a sub-specialty of international human rights law, these bodies not only ignore applicable law, they deprive themselves of the wealth of expertise found in commentary, debate, jurisprudence and practice in the IHL sphere. Instead, integrating IHL analysis and theory and affording it its appropriate respect within relevant human rights discussions will allow for greater legal and policy coherence, and human rights bodies will be better placed to fulfil their mandates.
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Alshareef, Shaker Ahmed. "General Introduction of the Shura Council in Saudi Arabia and Parliamentary Diplomacy". International Journal of Law and Public Administration 4, nr 1 (8.04.2021): 41. http://dx.doi.org/10.11114/ijlpa.v4i1.5208.
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Aim: The thesis aims to evaluate the role of the Shura Council in Saudi Arabia's transition and identify if Shura Council can be a catalyst for change in the nation's foreign policy. Saudi's economy is over-relying on oil production, which increases the Kingdom's vulnerability due to uncertainties in the oil markets and other risks. Saudi's vision 2030 aims to decrease Saudi Arabia's dependence on oil and expand the Kingdom's economic resources. The vision 2030 is anchored on three pillars: solidifying the Kingdom's locus in the heart of the Arab and Islamic nations; the quest to become an international investment powerhouse; the Kingdom's strategic site with the capacity to be a hub that connects three continents Africa, Asia, and Europe.Method: The thesis adopts literature review as the main method to establish the composition and effectiveness of the Shura council its design functions.Findings: As currently constituted, the Shura council cannot freely champion effective foreign policies and regulations that support the Kingdom's goals. Shura council is fully under the kings' absolute power, denying them the opportunity to meet their democratic mandate.Concision: The Shura studies and interpret the laws, development plans, and the annual reports of Ministries and Government Sectors. Hence, the council also proposes and amend laws. As long as the Shura Council Members are still King's appointees, the political, social, and economic reforms that Saudi Arabians are eagerly waiting for will take decades to come by. Human rights violations are still evident.Recommendations: The study recommends constitutional monarchy adoption, need for human rights, and fundamental freedom laws to be upheld and allow public participation in legislative process. Strengthening the parliament's oversight roles require the Kingdom to grand Shura Council's independence granting power to partake a vote of no confidence, hearing, interpellation and make committees of inquiry where need be to help Saudi to attain vision 2030 goals.
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KLYUCHNIKOV, Andrew Yu. "THE BOUNDARIES PROBLEM OF THE 1950 EUROPEAN CONVENTION DYNAMIC INTERPRETATION ON HUMAN RIGHTS ON THE EXAMPLE OF ENSURING THE SOCIAL RIGHTS OF CONVICTS". Tyumen State University Herald. Social, Economic, and Law Research 7, nr 1 (2021): 112–25. http://dx.doi.org/10.21684/2411-7897-2021-7-1-112-125.
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The 1950 Convention for the Protection of Human Rights and Fundamental Freedoms is an instrument for the dynamic development of the human rights system in the member states of the European Council. Such an active formation of the latter is due to the activities of the European Court of Human Rights. However, the case-law of the court is not always accepted in national jurisdictions, especially when it comes to the most sensitive areas of life in modern societies. As the goal of the research, the author sets out the identification of the current approach of this international court to the problem of social rights of convicts, especially in the context of ensuring their social rights. The material for the research was the case-law of the ECHR on the social rights of citizens - with special attention to the rights of persons in places of isolation from society, the legal positions of domestic researchers on the problem posed. The author uses traditional research methods - general scientific and special, with an emphasis on historical, social and legal methods. The paper describes the stages of the international soft law sources formation on penitentiary rules and the impact on this of the ECHR practice in the context of the discrimination standarts prohibition regarding the right of ownership and violation of the forced (compulsory) labor prohibition. A common European standard “the right of a convicted person to retire” has not yet been developed, which has been confirmed in the practice of the ECHR. This decision is due to the need to maintain the effectiveness of the entire convention system, the policy of compromises with states. Through the dynamic interpretation of the ECHR, this right is recognized as an element of the convention rights protection, the convict should be granted an increasing amount of social rights.
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Helfer, Laurence R., i Erik Voeten. "International Courts as Agents of Legal Change: Evidence from LGBT Rights in Europe". International Organization 68, nr 1 (13.12.2013): 77–110. http://dx.doi.org/10.1017/s0020818313000398.
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AbstractDo international court judgments influence the behavior of actors other than the parties to a dispute? Are international courts agents of policy change or do their judgments merely reflect evolving social and political trends? We develop a theory that specifies the conditions under which international courts can use their interpretive discretion to have system-wide effects. We examine the theory in the context of European Court of Human Rights (ECtHR) rulings on lesbian, gay, bisexual, and transgender (LGBT) issues by creating a new data set that matches these rulings with laws in all Council of Europe (CoE) member states. We also collect data on LGBT policies unaffected by ECtHR judgments to control for the confounding effect of evolving trends in national policies. We find that ECtHR judgments against one country substantially increase the probability of national-level policy change across Europe. The marginal effects of the judgments are especially high where public acceptance of sexual minorities is low, but where national courts can rely on ECtHR precedents to invalidate domestic laws or where the government in power is not ideologically opposed to LGBT equality. We conclude by exploring the implications of our findings for other international courts.
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Neglia, Maddalena. "The UNGPs — Five Years on". Netherlands Quarterly of Human Rights 34, nr 4 (grudzień 2016): 289–317. http://dx.doi.org/10.1177/016934411603400403.
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The United Nations Guiding Principles on Business and Human Rights were endorsed in 2011 by the UN Human Rights Council. Since then they have become a normative platform and have led to widespread convergence of national and international regulatory initiatives. Focusing on Europe, this articles shows that the consensus reached, in particular on human rights due diligence, has been a driving force behind the influence the Principles have had on public regulation of business and human rights. One example is offered by the EU's approach to integrating UNGPs into legal and policy instruments, including the 2011 Communication on CSR and the EU Directive no. 2014/95 on non-financial reporting. But this has been accompanied by recent developments in EU Member States' public regulation of business and human rights, including the UK Modern Slavery Act and the French bill on ‘devoir de vigilance’. The article concludes that, despite the emergence of a piecemeal regulatory approach, coherence in the public regulation of business violations of human rights is urgently needed in Europe. It further shows that, if properly led, this process could entail reinforcement of the EU's commitment to the UNGPs' implementation.
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Basic, Goran, i Zoran Lutovac. "The lack of ethnically sensitive data in Serbia's multiculturalism policy". Stanovnistvo 58, nr 1 (2020): 25–45. http://dx.doi.org/10.2298/stnv200420004b.
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International organisations whose bodies monitor the realisation and protection of the rights of national and ethnic minorities (Council of Europe, United Nations) have expressed their concern about the lack of data in the Republic of Serbia?s reports on the protection of the rights of national minorities, and they have provided some recommendations in order to amend the situation. Prompted by these remarks, this paper considers the flaws in Serbia?s policy of multiculturalism. The main finding ? that Serbia?s policy of multiculturalism is not founded on verified and measurable data ? has been examined further by indicating the principles and methodologies of collecting data based on ethnic and national identity. By using a range of examples, the paper points to the social issues that occur due to neglect in collecting data on citizens? ethnicity, while the necessity of an interdisciplinary approach to collecting such data is also considered. A holistic approach to researching ethnicity assumes using not only demographic methods, but also methods from and knowledge of other social sciences and humanities. The United Nations supports the idea that the approach to ethnically sensitive data should be holistically founded with its position that all data regarding people?s identity must be based on human rights ? a Human Rights-Based Approach to Data (HRBAD), in which case the relevance of statistical data is promoted.
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Kahn, Jeffrey. "Russia in the Council of Europe: A Difficult Relationship". Russian Politics 9, nr 1 (25.03.2024): 1–10. http://dx.doi.org/10.30965/24518921-00901001.
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Abstract This short introduction presents some background facts and policy dilemmas concerning the admission, membership, and expulsion of the Russian Federation from the Council of Europe, with a special emphasis on the European Convention on Human Rights. It then introduces the six articles that compose this special issue of Russian Politics. Finally, it summarizes the process by which these articles came to be gathered together – a two-day workshop funded by PluriCourts and organized by Geir Flikke and Jeffrey Kahn.
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Isasi, Rosario M., Bartha M. Knoppers, Peter A. Singer i Abdallah S. Daar. "Legal and Ethical Approaches to Stem Cell and Cloning Research: A Comparative Analysis of Policies in Latin America, Asia, and Africa". Journal of Law, Medicine & Ethics 32, nr 4 (2004): 626–40. http://dx.doi.org/10.1111/j.1748-720x.2004.tb01968.x.
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Human reproductive cloning has become the most palpable example of the globalization of science. Throughout the world, events and conjectures in the media, such as the birth and death in the United Kingdom of the cloned sheep Dolly and projects to clone human beings by Korean scientists, by members of the Canadian-based Raelian cult, and by the Italian physician Antinori in an undisclosed country, have galvanized the political will of individual countries to ban human reproductive cloning.Yet, international attempts to harmonize policies in the area of biomedical ethics and human research, such as the 1997 Council of Europe’s Convention on Human Rights and Biomedicine, and most recently, the United Nations’ efforts to adopt an international convention against human reproductive cloning, have been insufficient to trigger a substantial global policy design process on issues relating to these new technologies.
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Ossorio, Pilar N. "The Human Genome as Common Heritage: Common Sense or Legal Nonsense?" Journal of Law, Medicine & Ethics 35, nr 3 (2007): 425–39. http://dx.doi.org/10.1111/j.1748-720x.2007.00165.x.
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In the opening years of the 21st century, it became fashionable to describe the human genome as belonging to the common heritage of humanity. The United Nations, in its Universal Declaration on the Human Genome and Human Rights, now identifies the human genome as part of the common heritage, as does the international Human Genome Organization (HUGO) and the Council of Europe. The common heritage concept has played a prominent role in arguments against patenting the human genome or portions thereof. This essay considers whether the common heritage designation will advance the political and legal goals of its proponents.
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Annooz, Amal, i Qasem Janabi. "The Role of Regional Organizations in Reducing Organized Rape". European Journal of Social Science Education and Research 5, nr 1 (1.04.2018): 102–10. http://dx.doi.org/10.2478/ejser-2018-0011.
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Abstract Organized rape in armed conflict is one of the most serious violations of human rights, which creates a clear crisis in the identity of the other party and solidifies the sense of bitterness of defeat. Rape in armed conflicts is thus different from that of others, which can have a negative impact on social and international peace and security. Conservative and racially conservative societies are also affected by systematic organized gang rape, which occurs systematically from parties to a non-international armed conflict or within the policy of the aggressor State in the event of an international armed conflict. In contrast to the efforts made by the United Nations to curb organized rape, regional organizations have made little effort in this direction. The role of regional organizations in the framework of Chapter VIII of the UN. Charter in reducing armed conflicts and protecting human rights, and in cooperation of the United Nations and the Security Council in the task of maintaining international peace and security. The European Convention on Human Rights has established a mechanism to monitor the extent to which individuals enjoy their rights and freedoms and the extent to which States parties respect them. The US Convention on Human Rights followed the same approach as the European Convention, but through the regulatory body of the American Commission on Human Rights and the American Court of Human Rights. Although women and children suffered systematic rape as a result of armed conflict on the African continent, the African Charter on Human Rights did not provide the necessary mechanisms to curb crimes of sexual violence, and the Arab Charter on Human Rights did not play a role in the face of organized rape. We therefore considered the adequacy of the provisions of the International Bill and the mechanisms of action of regional organizations in curbing the crimes of sexual violence, organized rape in particular in places of non-international armed conflict, and whether organized rape can be considered a violation of personal liberty and dignity. Or is it a crime against humanity? And other questions that can be raised, which we will try to answer in the context of this research.
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Dură, Nicolae V. "The Legal Status of “Migrants” according to the European Union Legislation". Ecumeny and Law 9, nr 2 (31.12.2021): 105–23. http://dx.doi.org/10.31261/eal.2021.09.2.05.
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Given that “migration” is a global phenomenon, the international community as a whole had to provide it with a legal basis and to find global solutions, as proven à l’évidence by both the international and the European legislation and the “Global Compact for Migration” approved by the European Council. As is well known, the European Union legislation consists of the texts of its official instruments, such as conventions, treaties, declarations, etc., in which we also find, in fact, the principles stated in the international instruments, which have, indeed, the force of jus cogens for all the states of the world, concerning the universal human rights, including, thus, the rights of the migrants. However, even in terms of their policy regarding migrants, the member states of the European Union have not only applied the principles stated in these international instruments, but they also have enacted a special legislation, and they have taken concrete measures for the implementation of its rules. In the present article I offer the reader the possibility to become acquainted not only with the text of the legislation of the European Union regarding migrants, but also with the policy and the actions taken by the European states for the implementation of the international legislation, and of the European one regarding the social rights of the migrants as workers.
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Harrington, John. "‘Choking the national demos’: research partnerships and the material constitution of global health". International Journal of Law in Context 17, nr 1 (marzec 2021): 122–27. http://dx.doi.org/10.1017/s1744552321000069.
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By foregrounding a widened view of the rule of law in transnational legal processes, the works under discussion in this symposium can support innovative critical perspectives on global health law –a field that has gained wide attention due to the spread of COVID-19 around the world (Lander, 2020; Bhatt, 2020). Legal and socio-legal scholars in the decade and a half before the pandemic worked on locating global health law and articulating its underlying principles. Lawrence Gostin's 2014 monograph offers a synoptic view centred on international institutions (e.g. the World Health Organization, World Trade Organization, UN Human Rights Council) and problems (e.g. infectious-disease response, tobacco control), along with an elaboration of its normative basis in universal moral principle and international human rights law (Gostin, 2014). Struggles over access to essential medicines and intellectual property in the early 2000s are, for example, represented in terms of the right to health constraining international trade law. Andreas Fischer-Lescano and Guenther Teubner's 2004 reading is oriented more by social theory than by doctrinal or ethical frames (Fischer-Lescano and Teubner, 2004, pp. 1006, 1008). A functional health regime has ‘differentiated out’, they observe, and operates as a discrete communication system across borders, albeit one that is threatened by the preponderant economic system. On this model, the battle for access to medicines amounts to ensuring, via human rights guarantees, that the rationality of the health system is not replaced by that of its economic rival in legal and policy communications (Fischer-Lescano and Teubner, 2004, pp. 1030, 1046).
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Lötjönen, Salla. "Medical Research on Patients with Dementia – the Role of Advance Directives in European Legal Instruments". European Journal of Health Law 13, nr 3 (2006): 235–61. http://dx.doi.org/10.1163/157180906778852394.
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AbstractCurrent international legal instruments recognise the use of advance directives to carry on the will of the dementing research participant beyond the boundaries of her present legal capacity. Advance directives are gaining greater recognition in patient care than in medical research, where their legal status is still somewhat unclear. In particular, the three major international documents on medical research – the Council of Europe Convention on Biomedicine and Human Rights (ETS 164), its Additional Protocol on Biomedical Research (ETS 195), and Directive 2001/20/EC on Clinical Trials on Medicinal Products – give conflicting messages on the legal status of advance directives in medical research. This article examines the provisions in these documents and their national applications in Finland and the United Kingdom.
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Barvinenko, Vitalii, Natalia Mishyna i Ceyhun Qaracayev. "UKRAINIAN LOCAL GOVERNMENT AND COUNCIL OF EUROPE’S STANDARDS: HUMAN RIGHTS PROTECTION AND DECENTRALISATION AT THE TIMES OF MILITARISATION". Baltic Journal of Economic Studies 9, nr 4 (17.11.2023): 31–36. http://dx.doi.org/10.30525/2256-0742/2023-9-4-31-36.
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The subject of the study is the relationship between Ukrainian local government structures, municipal standards set by the Council of Europe, and their intersection with human rights and decentralisation policies, especially in the context of ongoing militarisation in certain regions of Ukraine. The study aims to analyse how these elements interact and influence each other in the Ukrainian governance system, exploring the legal, policy and practical aspects of this complex interaction. Methodology. The methodology of a study involves a combination of research methods and approaches in order to comprehensively investigate the subject matter. In addition to the legal analysis, the authors presented the results of the document analysis. Also, because the Ukrainian decentralisation reform has had a major impact on most spheres of local life, the authors have chosen an interdisciplinary approach: given the complexity of the issue, this approach helps to incorporate elements of law, economics and international relations to provide a holistic understanding of the issues at hand. The results of the study showed that: a) the Council of Europe currently lacks human rights standards that are integrated with its municipal standards. This is a significant gap that could be strategically addressed, given the potential of local government bodies in the field of human rights protection; b) Ukraine would benefit from the development of a comprehensive framework outlining actions to be taken by local government bodies to protect human rights and facilitate the implementation of European Court of Human Rights judgments. Despite the pervasive effects of militarisation throughout the country, post-conflict reconstruction will require the continuation of these policies. This is particularly important as Ukraine seeks to rebuild the nation and resume the reforms that were underway before the outbreak of conflict, including municipal reform with a focus on financial decentralisation and reform of the implementation of ECHR judgments. Conclusion. In summary, militarisation in certain regions of Ukraine has created a number of complex challenges for local governments, affecting security, governance, human rights and social services. The protracted nature of the conflict has made it even more difficult to address these issues. Finding sustainable solutions to these challenges requires a coordinated effort involving local authorities, the national government, international organisations and civil society to promote stability, protect human rights and rebuild affected communities.
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Тепляшин, Павел Владимирович. "The concept of «two Europes»: penitentiary policy of integration relations of the Council of Europe and the European Union". Vestnik Kuzbasskogo instituta, nr 3(48) (30.09.2021): 65–75. http://dx.doi.org/10.53993/2078-3914/2021/3(48)/65-75.
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В статье рассмотрена концепция «двух европейских государств» в контексте различий пенитенциарной политики Совета Европы и Европейского союза. Установлено, что широкая практика правозащитных инициатив Совета Европы, дополняемая пилотными судебными решениями Европейского суда по правам человека и применением принципа субсидиарности, является для данной международной организации неотъемлемым трендом ее современной пенитенциарной политики. Европейский союз оказывает влияние на корректировку европейской пенитенциарной практики посредством программы «Горизонтальный механизм» и путем применения принципа взаимного признания. Также этому способствует рост объемов финансирования Европейской Комиссией программ в области уголовного правосудия и активности Суда Европейского союза по реализации положений Хартии основных прав Европейского союза. Обнаружено, что доводы Европейского парламента в пользу создания удовлетворительных условий в европейских тюрьмах сводятся к необходимости судебного сотрудничества и повышению эффективности пенитенциарных учреждений по профилактике повторных правонарушений, тогда как Совет Европы ориентируется на права личности, поощряет идеи персональной защиты прав осужденных и их социальной реинтеграции. Делается вывод о том, что концепция «двух Европ» является моделью интеграционных отношений между политическим объединением государств в решении непростых задач современной пенологии, что имеет значительную практическую ценность для развития международных отношений Российской Федерации. The article considers the concept of «two European states» in the context of the differences in the penitentiary policy of the Council of Europe and the European Union. It is established that the broad practice of human rights initiatives of the Council of Europe, supplemented by pilot judicial decisions of the European Court of Human Rights and the application of the principle of subsidiarity, is an integral trend of its modern penitentiary policy for this international organization. The European Union influences the adjustment of European penitentiary practice through the «Horizontal Facility» program and through the application of the principle of mutual recognition. This is also facilitated by the increase in the amount of funding by the European Commission for criminal justice programs and the activity of the Court of Justice of the European Union in implementing the provisions of the Charter of Fundamental Rights of the European Union. It is found that the arguments of the European Parliament in favor of creating satisfactory conditions in European prisons are reduced to the need for judicial cooperation and improving the effectiveness of penitentiary institutions for the prevention of repeated offenses, while the Council of Europe focuses on the rights of the individual, encourages the ideas of personal protection of the rights of convicts and their social reintegration. It is concluded that the concept of «two Europes» is a model of integration relations between the political union of states in solving the difficult tasks of modern penology, which has significant practical value for the development of international relations of the Russian Federation.
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Yatsenko, Liana, i Olena Lytvyshko. "NORMATIVE AND LEGAL REGULATION OF SOCIAL POLICY IN MODERN UKRAINE". Scientific Bulletin of Uzhhorod University. Series: «Pedagogy. Social Work», nr 1(52) (1.06.2023): 252–56. http://dx.doi.org/10.24144/2524-0609.2023.52.252-256.
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The article is devoted to the topical issue of normative field formation of social policy in modern Ukraine. The purpose of the article is to define the concept and peculiarities of formation and implementation of social policy in modern Ukraine in the legal field. Methods of research applied: the specific search method (theoretical analysis, synthesis, systematization of existing legal documents) and the method of theoretical and structural clarification of the conceptual apparatus. It is established that «social policy» is a multifaceted concept: it is considered by scholars from different perspectives ‒ legal, economic, sociological, and pedagogical. Thus, each of the definitions presents a certain aspect of social policy in two ways: 1) as a set of measures of society and the State aimed at achieving social goals; 2) as the State policy whose main task is to ensure the State-building capabilities of society members. The authors substantiate the legal basis for the formation of social policy in Ukraine, based on the norms of international legal acts ratified by Ukraine (acts of the UN, ILO, Council of Europe, etc.) aimed at creating and ensuring the implementation of universally recognized humanistic and democratic world standards for solving social problems (the Universal Declaration of Human Rights, the European Social Charter, the European Social Security Code, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, etc.). The analysis of the legal framework for social policy in Ukraine demonstrates the need for a thorough analysis and examination of social legislation with a view to determining its compliance with international standards; development of a model of the social state based on the rule of law, taking into account the objective conditions of society's life; formation of a new concept of interaction between the State and a person, etc.
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Rukundo, PM, JK Kikafunda i A. Oshaug. "Roles and capacity of duty bearers in the realization of the human right to adequate food in Uganda". African Journal of Food, Agriculture, Nutrition and Development 11, nr 48 (28.12.2011): 5493–509. http://dx.doi.org/10.18697/ajfand.48.10100.
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The right to adequate food recognised under international law provides a strong foundation for eradicating hunger and malnutrition in all nations. Uganda ratified the International Covenant on Economic, Social, and Cultural Rights (ICESCR) in 1987 and thereby committed itself to ensure the realization of the right to adequate food recognised under Article 11 of the Covenant. This study analysed the roles and capacity of duty bearers in the realization of the right to adequate food in Uganda. Structured interviews were held with purposefully selected duty bearers from 11 districts in the country between February and July 2007. Districts were selected by criterion based sampling. Relevant policies, budgets, and legislation were also reviewed, particularly with state obligations on human rights, and capacity of duty bearers in mind. Although this right is expressly recognised in the Food and Nutrition Policy of 2003 in which a multi-sectoral approach is proposed, sector-specific roles are not explicitly defined in Uganda’s institutional and policy framework. Most duty bearer (63%) considered the Ministry of Agriculture, Animal Industry and Fisheries (MAAIF) as being responsible for the delays in implementing the relevant actions for the right to food. The Uganda Human Rights Commission (UHRC) reported receiving inadequate budget resources to support the right to food. Only 20% of duty bearers had knowledge of the General Comment 12, which is an important United Nations instrument that defines and elaborates on the human right to adequate food. Duty bearer’s knowledge of the right to food in the national Constitution had a significant (X2 = 0.003; P<0.05) positive correlation (R=0.283) with membership status to an ad hoc Uganda Food and Nutrition Council (UFNC). A proposed Food and Nutrition Bill had taken over 10 years without being presented to the National Parliament for the process of enactment into law. As such, most of the support for this right came from development partners. Whereas the ministry of health and MAAIF are line ministries in the implementation of food and nutrition policy, the right to food roles of the various duty bearers in Uganda need to be well defined. Capacity development is also needed, particularly related to integrating right to food sector-specific roles into the theoretical development and practical implementation of food and nutrition security programmes at all levels in the country.
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Hamzaoui, Djaouida. "European Neighborhood Policy". Contemporary Arab Affairs 13, nr 1 (1.03.2020): 105–22. http://dx.doi.org/10.1525/caa.2020.13.1.105.
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In 2004, the European Union proposed a project entitled the European Neighborhood Policy as a new strategic option. The project had been adopted by the European Council one year earlier in a proposal to the concerned states. The European Neighborhood Policy proposes the development of the scope of cooperation between the European Union and the southwestern Mediterranean countries through several political, economic, social, and cultural fields. Yet, the sphere of security is set at the top of its priorities. It is based on the principles of human rights, democracy, and the rule of law, as well as on establishing security and stability between the countries on the two shores of the Mediterranean neighboring Europe. This would be based on a common framework and a larger volume of mutual cooperation that is embodied in a genuine partnership that would confront common challenges. The study explores and provides an answer to the following question: To what extent can the European Neighborhood Policy be considered a representation of regionalism and the embodiment of a genuine European desire through which it would be able to build a “security group” in the Mediterranean basin?
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Bonaiuti, Chiara. "Article: Arms Transfers and Human Rights: Assessing the Impact and Enforcement of the EU Common Position on Arms Exports in a Multilevel Analysis". European Foreign Affairs Review 27, Issue 4 (1.10.2022): 463–84. http://dx.doi.org/10.54648/eerr2022035.
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Arms export control measures are an important tool to defend the universality of human rights, democracy and to prevent conflicts. The European Union (EU) has a long tradition in striving towards these goals.One of the most important outcomes regarding such is the 2008 Council Common Position (CP) defining Common Rules Governing Control of Exports of Military Technology and Equipment Common Foreign and Security Policy (CFSP). This article focuses on the implementation and effectiveness of this CP. In particular, it investigates whether EU countries have applied and enforced human rights principles in arms export practices following the approval of the CP or whether a promarket and pro-export approach have prevailed. In this way, it fills a lack of organic analysis on the impact of the CP. Secondly, for the first time, it compares EU-level regulation impact with that at the global level, in order to assess the ‘net value’ of the EU regulation at the international level also from a diachronic perspective. Lastly, a comparison with the national level offer suggestions for mutual reinforcing. By using quantitative methods, the research aims to offer empirical evidence concerning the EU arms export control regimes and their effectiveness and to contribute to the present debate about the means at the EU’s disposal to defend the universality of human rights and promote democracy. EU Common Foreign and Security Policy, human rights, arms trade, arms exports control and disarmament, normative power, democracy, autocracy, sanctions, arms embargo