Статті в журналах: "UN treaty bodies"

1

Joseph, S. "UN HUMAN RIGHTS TREATY BODIES: RECENT DECISIONS." Human Rights Law Review 3, no. 2 (January 1, 2003): 291–300. http://dx.doi.org/10.1093/hrlr/3.2.291.

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Brems, Eva. "UN Human Rights Treaty Bodies Talking to Domestic Adjudicators Through Their Quasi-judicial Work: An Examination of CERD and CEDAW." Human Rights Quarterly 45, no. 4 (November 2023): 568–600. http://dx.doi.org/10.1353/hrq.2023.a910488.

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ABSTRACT: The article examines the merit of UN treaty bodies' accumulated case law as a resource for domestic adjudicators, i.e., courts and quasi-judicial bodies (such as national human rights institutions) addressing human rights complaints at the national level. It has the objective of assessing the extent to which treaty bodies are "talking to" an audience beyond the parties in the case. Starting from a view that sees impact on national adjudicators as the key issue for treaty bodies' rulings on individual complaints, the article assesses to what extent the way that treaty bodies are exercising this role fits in this view. The study's focus is on two UN treaty bodies with a broadly similar output in quantitative terms, the Committee on the Elimination of Racial Discrimination (CmERD) and the Committee on the Elimination of Discrimination against Women (CmEDAW).

3

Ford, Sarah Scott. "Nordic Migration Cases before the UN Treaty Bodies." Nordic Journal of International Law 91, no. 1 (February 22, 2022): 44–79. http://dx.doi.org/10.1163/15718107-91010003.

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Abstract The UN human rights treaty bodies have decided an extensive amount of complaints brought by asylum seekers and immigrants against the Nordic states. This development forms part of a larger shift in international accountability routes that have emerged from the uptake of migrants’ rights claims by human rights courts and treaty bodies. The article examines what this development engenders in both international and national contexts, using the Nordic litigation as a focal point. The first part posits that the litigation has played a significant role in developing international law. It further explains that the significant amount of these cases in the region, but also variance across states, partly comes down to the degree of strategic litigation and the design of national asylum systems. The second part examines what emerges from this oversight, and identifies four factors from which to understand these national contexts: the design of the asylum system; the question of ‘credibility’; existence of parallel jurisprudence from the European Court of Human Rights; and communicative and functional processes that exist beyond final merits decisions. Overall, attention to the aftermath of these – formally soft law – decisions reveals that they do have quasi-judicial effects in the national contexts.

4

Principi, Kate Fox. "Implementation of UN Treaty Body Decisions: A Brief Insight for Practitioners." Journal of Human Rights Practice 12, no. 1 (February 1, 2020): 185–92. http://dx.doi.org/10.1093/jhuman/huaa013.

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Abstract The United Nations human rights treaty bodies are independent bodies of experts tasked with monitoring the implementation by states parties of human rights treaties. These bodies monitor the implementation of treaties, inter alia, by making decisions on allegations of individual human rights violations under the individual complaints procedures (these decisions are officially referred to as ‘Views’). The number of complaints to the treaty bodies has increased exponentially since the first complaint was examined by the Human Rights Committee in 1977 and is expected to continue to rise. At the same time, a backlog in cases has increased, as resources have never matched the rise in cases to be considered. In addition, decisions in which the treaty bodies find violations of human rights are not always implemented—that is, states do not necessarily grant the victim of the violation the remedy prescribed by the treaty body examining the case. This current situation is taking place against a global backdrop of increased criticism of human rights: a global pushback against human rights, including from states which have been heretofore human rights supportive. Surely, the response from supporters of human rights should be to reinforce the importance and universality of the treaties as the foundation of human rights norms. This article seeks to demonstrate one way to do so by focusing on implementation of treaty body decisions in individual cases.

5

Krommendijk, Jasper. "Less is more: Proposals for how UN human rights treaty bodies can be more selective." Netherlands Quarterly of Human Rights 38, no. 1 (January 20, 2020): 5–11. http://dx.doi.org/10.1177/0924051919899636.

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The UN human rights treaty body system will again be under scrutiny for reform in 2020, after more than a decade of fruitless attempts to strengthen it. This column explores some proposals for how the treaty bodies and the process of State reporting can become more effective. The central idea is that treaty bodies need to be more selective and avoid duplication to stop the current negative vicious circle and evaluation fatigue. To make the dialogue more constructive, the number of issues discussed should be limited to a handful and treaty bodies should consider smaller review panels and face to face seating.

6

Reiners, Nina. "Kontroversen um die Reform der UN-Menschenrechtsvertragsorgane." Vereinte Nationen 66, no. 6 (2018): 266–71. http://dx.doi.org/10.35998/vn-2018-0078.

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Kanetake, Machiko. "UN HUMAN RIGHTS TREATY MONITORING BODIES BEFORE DOMESTIC COURTS." International and Comparative Law Quarterly 67, no. 1 (November 7, 2017): 201–32. http://dx.doi.org/10.1017/s002058931700046x.

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AbstractThis article analyses both cooperative and confrontational interactions between domestic judges and UN human rights treaty monitoring bodies. Based on a number of cases collected through multiple databases, this article addresses the basis on which the monitoring bodies encourage the domestic acceptance of their views, general comments, and reports; how domestic courts engage with these findings; on what basis; and why some courts are more willing to engage with these findings. A key argument is that judicial accommodation is highly selective; domestic judges occasionally avoid, discount, and contest the interpretation put forward by the treaty monitoring bodies and thereby pose a challenge to their legitimacy.

8

ATAK, IDIL, and LORIELLE GIFFIN. "Canada’s Treatment of Non-Citizens through the Lens of the United Nations Individual Complaints Mechanisms." Canadian Yearbook of international Law/Annuaire canadien de droit international 56 (October 2019): 292–327. http://dx.doi.org/10.1017/cyl.2019.13.

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AbstractThe United Nations (UN) human rights treaty bodies play an important role in defining the scope and the nature of non-citizens’ rights. This article offers a critical overview of the UN human rights case law from 2008 to 2018 pertaining to non-citizens — notably undocumented migrants, refused asylum seekers, and permanent residents ordered deported — in Canada. It examines the jurisprudence of the three UN human rights treaty bodies recognized by Canada as having competence to receive and consider individual complaints — namely, the UN Human Rights Committee, the Committee against Torture, and the Committee on the Elimination of Discrimination against Women. The purpose of this examination is two-fold. First, it intends to foster a better understanding of the cases lodged by non-citizens before the UN human rights treaty bodies. The second aim is to explore the substantive issues that the UN committees’ jurisprudence on non-citizens reveals about Canada’s immigration decision-making and enforcement. It is argued that some groups of non-citizens in Canada are at risk of being deported to persecution or hardship in violation of the non-refoulement principle and Canada’s international human rights obligations. The article illuminates several loopholes identified by the UN treaty bodies in Canada’s immigration and refugee protection system that heighten the risk of refoulement.

9

Takata, Hinako. "NHRIs as Autonomous Human Rights Treaty Actors." Max Planck Yearbook of United Nations Law Online 24, no. 1 (December 17, 2021): 170–200. http://dx.doi.org/10.1163/18757413_02401007.

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What roles do National Human Rights Institutions (‘nhri s’) play in UN human rights treaties, and what is the normative basis of such roles? Although NHRIs are formally State organs, UN human rights treaty bodies have increasingly permitted them to participate in their procedures not as part of the State but in their own capacity as NHRIs. UN human rights treaty bodies have referred to the information and views submitted by nhri s even when such submissions did not conform to the positions taken by their States. In this sense, NHRIs are increasingly acquiring an autonomous status that is distinct from that of States under UN human rights treaties. Through a comprehensive and up- to- date examination of the practices of treaty bodies and the Global Alliance of National Human Rights Institutions and by employing the theoretical lens of ‘global legal pluralism’, this article shows that the autonomous status of NHRIs has a solid normative basis. It is the product of the cooperative relationship between UN human rights treaties and the ‘Paris Principles’, an autonomous legal order of, by, and for nhri s, under the overarching values and principles of human rights protection, democracy, and subsidiarity.

10

Sękowska-Kozłowska, Katarzyna. "Concluding Observations of the UN Human Rights Treaty Bodies in the Field of Equality and Non-discrimination. Does a Common Standard Exist and is it Implemented? Example of Poland." Polish Review of International and European Law 8, no. 1 (August 20, 2020): 65–89. http://dx.doi.org/10.21697/priel.2019.8.1.03.

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This article examines the recommendations adopted by UN human rights treaty bodies in 2000-2017 addressed to Poland and concerning equality and non-discrimination. It aims to answer two research questions – firstly, to what extent are the recommendations convergent and, therefore, can we speak of a certain common standard of equality and non-discrimination formulated by treaty bodies? For this purpose, two case studies – on LGBT rights and women’s reproductive rights – have been presented. The second part of the research aims to establish to what extent do the recommendations of treaty bodies on equality and nondiscrimination affect Polish law.

11

Фируза Хамдамова. "СОТРУДНИЧЕСТВО В СФЕРЕ ОБЕСПЕЧЕНИЯ ПРАВ ЖЕНЩИН РЕСПУБЛИКИ УЗБЕКИСТАН С ОРГАНАМИ ООН ПО ПРАВАМ ЧЕЛОВЕКА: ТЕКУЩЕЕ СОСТОЯНИЕ И ПЕРСПЕКТИВЫ РАЗВИТИЯ". World Science 2, № 12(52) (30 грудня 2019): 38–46. http://dx.doi.org/10.31435/rsglobal_ws/30122019/6838.

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The article is devoted to the issues of cooperation of Uzbekistan with UN human rights bodies in the field of women's rights. The author considers issues of cooperation with the UN human rights treaty bodies, subsidiary bodies and specialized agencies, as well as with special UN rapporteurs and programs on ensuring and protecting human rights. The article highlights the main directions and forms of cooperation in this direction. An overview of the recommendations of these structures regarding Uzbekistan and the results of cooperation is given.

12

Reeh, Greta. "Rejection at the Frontier and Human Rights – the UN Treaty Bodies and European Practice." Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law 82, no. 2 (2022): 449–64. http://dx.doi.org/10.17104/0044-2348-2022-2-449.

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The principle of non-refoulement is often described as the cornerstone of refugee law. It prohibits States from expelling people from their territories to States where their life or freedom would be threatened. The principle of non- refoulement is, however, not only enshrined in refugee law. The United Nations Human Rights Treaty Body System has developed a protection from refoulement that is considerably broader than the protection granted under international refugee law. It is also broader than the human rights protection provided by the ECtHR. This article will show that the UN Treaty Bodies’ approach to the principle of non-refoulement gives a much clearer framework for rejections of migrants at a State’s frontier.

13

Lougarre, Claire. "The Protection of Non-nationals’ Economic, Social and Cultural Rights in un Human Rights Treaties." International Human Rights Law Review 9, no. 2 (October 24, 2020): 252–90. http://dx.doi.org/10.1163/22131035-00902008.

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Abstract The decade of austerity policies resulting from the 2008 economic crisis significantly impeded the realisation of economic, social and cultural (esc) rights worldwide, especially for non-nationals who became targets of populist nationalist ideologies. The Coronavirus disease (covid-19) pandemic and its subsequent recession have heightened existing levels of inequalities, putting non-nationals’ access to health, housing, food, water and work under unprecedented strains. It is thus, crucial to analyse the extent to which un human rights treaties recognise non-nationals’ esc rights, in order to assess their ability to offer protection in this context. This article sheds light on the ambiguities of key un human rights treaties in this regard. It then analyses the attempts of relevant un treaty bodies to circumvent such issues; and finally suggests legal paths allowing un treaty bodies to further assert their protection of non-nationals’ esc rights during the covid-19 pandemic.

14

Mukhatayeva, G., and M. Buzurtanova. "On effectiveness of «soft» law the case of un treaty bodies instruments." KazNU BULLETIN. International relations and international law series Vol 82, no. 2 (2018): 33–39. http://dx.doi.org/10.26577/irily-2018-2-781.

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15

Prouvez, Nathalie. "Minorities and Indigenous Peoples' Protection: Practice of UN Treaty Bodies in 2003." European Yearbook of Minority Issues Online 3, no. 1 (January 1, 2003): 481–508. http://dx.doi.org/10.1163/221161104x00255.

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16

Gaer, Felice D. "Implementing international human rights norms: UN human rights treaty bodies and NGOs." Journal of Human Rights 2, no. 3 (September 2003): 339–57. http://dx.doi.org/10.1080/1475483032000133024.

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17

Zipoli, Domenico. "NHRI Engagement with UN Human Rights Treaty Bodies: A Goal-based Approach." Nordic Journal of Human Rights 37, no. 3 (July 3, 2019): 259–80. http://dx.doi.org/10.1080/18918131.2019.1682241.

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18

Brems, Eva. "Ethiopia Before The United Nations Treaty Monitoring Bodies." Afrika Focus 20, no. 1-2 (February 15, 2007): 49–74. http://dx.doi.org/10.1163/2031356x-0200102004.

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Ethiopia before the United Nations Treaty Monitoring Bodies Among the many human rights conventions adopted by the UN, seven are known – together with their additional protocols – as the core international human rights instruments: ‒ The International Convention on the Elimination of All Forms of Racial Discrimination; ‒ The International Covenant on Civil and Political Rights; ‒ The International Covenant on Economic, Social and Cultural Rights; ‒ The Convention on the Elimination of all Forms of Discrimination against Women; ‒ The Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; ‒ The Convention on the Rights of the Child; ‒ The International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families. The main international control mechanism under these conventions is what may be considered the standard mechanism in international human rights protection: state reporting before an international committee. An initial report is due usually one year after joining the treaty and afterwards, reports are due periodically (every four or five years). The international committees examine the reports submitted by the state parties. In the course of this examination they include information from other sources, such as the press, other United Nations materials or NGO information. They also hold a meeting with representatives of the state submitting the report. At the end of this process the committee issues 'concluding observations' or 'concluding comments'. This paper focuses on the experience of one state – Ethiopia – with the seven core human rights treaties. This should allow the reader to gain insights both into the human rights situation in Ethiopia and in the functioning of the United Nations human rights protection system.

19

Xanthaki, Alexandra. "Minority and Indigenous Rights in UN Treaty Bodies Practice (2005–2009): Multicultural Challenges." European Yearbook of Minority Issues Online 7, no. 1 (February 9, 2010): 649–74. http://dx.doi.org/10.1163/22116117-90001653.

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20

Carraro, Valentina. "Electing the experts: Expertise and independence in the UN human rights treaty bodies." European Journal of International Relations 25, no. 3 (January 4, 2019): 826–51. http://dx.doi.org/10.1177/1354066118819138.

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Independent experts are employed in international organizations to carry out a variety of functions, including conducting independent evaluations of state performance in a given policy area. In the field of human rights, a well-known example of the use of independent expertise in public organizations is that of the United Nations treaty bodies, committees of independent experts in charge of monitoring state compliance with the major United Nations human rights treaties. Considering the sensitive tasks that these experts perform, and the fact that they are elected by states, the question of whether they actually possess the required levels of independence and expertise to fulfil their role arises. This article proposes and applies a framework to study the formal and informal processes leading to the appointment of expert committees in international bodies, and to assess their level of expertise and independence. Data were collected by means of an original survey and 40 semi-structured interviews. The article shows that the overall level of independent expertise possessed by committees is surprisingly high when considering the highly political electoral process. Therefore, it argues that to study the expertise and independence of expert committees, one should conceive of them as groups that might be able to maintain a certain independence from the states that have elected them.

21

Boerefijn, I. "UN Covenant on Civil and Political Rights. CCPR Commentary * The Procedures before the UN Human Rights Treaty Bodies. Divergence or Convergence? * Non-discrimination and Equality in the View of the UN Human Rights Treaty Bodies." European Journal of International Law 18, no. 1 (February 1, 2007): 220–24. http://dx.doi.org/10.1093/ejil/chm010.

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Mullally, Siobhán. "Migrant Domestic Workers and Continuums of Exploitation: Beyond the Limits of Antitrafficking Laws." AJIL Unbound 111 (2017): 498–503. http://dx.doi.org/10.1017/aju.2018.24.

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Recent years have witnessed the expansion of human rights standards relating to migrant domestic workers. This includes, in particular, the adoption of the 2011 International Labour Organization (ILO) Convention on Decent Work for Domestic Workers (no. 189), General Comments from UN human rights treaty bodies, and an expanding body of case law in domestic and regional courts. Migrant domestic workers have played central roles in these cases, engaging in the public sphere to advocate for law reform, and, in doing so, gradually expanding the field of global migration law. This essay describes the emerging recognition evident in the approaches of UN human rights treaty bodies that axes of discrimination intersect and, in particular, that migration status and gender can be significant to the enjoyment of rights. This integrated approach is evident in the case law of international human rights bodies adjudicating the rights claims advanced by migrant domestic workers. The case law on Article 4 of the European Convention on Human Rights (ECHR) shows the potential for such integrated approaches to move beyond the usual fragmentation of human rights, labor, and migration laws, but that potential remains limited.

23

Henrard, Kristin. "The Protection of Minorities Through the Equality Provisions in the UN Human Rights Treaties: The UN Treaty Bodies." International Journal on Minority and Group Rights 14, no. 2-3 (2007): 141–80. http://dx.doi.org/10.1163/138548707x208791.

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Vidmar, Jure. "UN Membership and the State Requirement." Max Planck Yearbook of United Nations Law Online 24, no. 1 (December 17, 2021): 201–43. http://dx.doi.org/10.1163/18757413_02401008.

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The UN Charter provides that membership is open to all peace- loving States. How should one understand the State requirement for UN membership, and is it linked to the law of statehood? This article analyses the practice of UN admission procedures and contextualizes it broadly with the State requirement in international treaties. It argues that some non- States have been Member States as well as non- member observer States of the UN. Such practice should not be labelled as being anomalous or sui generis. Rather, it should be taken as evidence of separation between international treaty procedures on the one hand and the substantive law of statehood on the other. Certain voting procedures regulated by international treaties should not be mistaken for state- creation procedures or collective recognition. Membership of the UN or its specialized agencies can have far- reaching effects, however. Such membership effectively creates an entity’s treaty- making capacity where treaties are generically open to all States. The member then procedurally becomes a State for the purposes of participation in such international treaty regimes. This should not be conflated with State creation. The term ‘State’ for the purposes of participation in international treaties open to ‘any State’ or ‘all States’ is functionally defined by the so- called ‘Vienna formula’: it is not a matter of the Montevideo criteria or any other requirements under the law of statehood. This article thus argues that for the sake of doctrinal clarity, such procedural definitions of the ‘State’ for the purposes of participation in multilateral treaties need to be consistently separated from the substantive issues of the law of statehood. Palestine’s appearance before international judicial bodies proves that such a separation is in principle upheld in international practice, but the line is sometimes unclear.

25

Dennis, Michael J. "Non-Application of Civil and Political Rights Treaties Extraterritorially During Times of International Armed Conflict." Israel Law Review 40, no. 2 (2007): 453–502. http://dx.doi.org/10.1017/s0021223700013406.

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Do the protections provided by the core international human rights treaties apply extraterritorially, outside the government-governed relationship, during periods of armed conflict and military occupation? The traditional view has been that human rights are essentially applicable in peacetime while humanitarian law (i.e. the law of war) governs situations of armed conflict and military occupation. More recently, a conflicting school of thought, reflected in decisions of the ICJ and the UN treaty bodies, has concluded that the law of war no longer automatically excludes the law of peace. But, while these views are entitled to respect, the international human rights instruments (unlike the regional human rights instruments) do not grant the treaty bodies or any other entity the authority to issue legally binding views on the nature of state obligations under the treaties. Applying the standard rules for treaty interpretation leads to the conclusion that the international human rights treaties apply in the context of armed conflict only with respect to acts of a state's armed forces executed within its own territory.

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Jegede, Ademola Oluborode. "Arguing the Right to a Safe Climate under the UN Human Rights System." International Human Rights Law Review 9, no. 2 (October 24, 2020): 184–212. http://dx.doi.org/10.1163/22131035-00902001.

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Abstract The link between climate change and human rights is being made under the instruments as well as charter and treaty bodies constituting the United Nations (UN) human rights system. Despite the efforts, the right to a safe climate does not exist under the UN human rights system. Based on the vulnerability of human populations and the essential compliance with yardsticks for a new human right, the article argues for the creation of the right to a safe climate and advances two approaches by which it can be achieved under the UN human rights system.

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Tigroudja, Hélène. "From the “Green Turn” to the Recognition of an Autonomous Right to a Healthy Environment: Achievements and Challenges in the Practice of UN Treaty Bodies." AJIL Unbound 117 (2023): 179–83. http://dx.doi.org/10.1017/aju.2023.31.

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Since the end of the 2010s, some of the UN human rights treaty bodies have affirmed and enhanced states’ obligations in relation to the environment. This “green turn,” deeply influenced by the jurisprudence of the regional human rights tribunals and the work of UN Special Procedures, raises the question of the potential recognition of an autonomous right to a healthy environment—that is, a free-standing right that is not primarily derived from existing human rights. The claim of this essay is that in the absence of a clear mandate from states to the treaty bodies to monitor the implementation of the right, its symbolic affirmation will have only limited impact. Inspired by the discussions at the Council of Europe on the adoption of a new Protocol to the European Convention of Human Rights, states at the UN level should go further and work toward a binding protocol. However, this raises the difficult issue of connecting the right to civil and political rights, to economic, social, and cultural rights, or to a specific instrument such as the Convention on the Rights of the Child. Ultimately, this essay reflects the shortcomings of the binary approach separating human rights into hermetic categories.

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Çalı, Başak, and Alexandre Skander Galand. "Towards a common institutional trajectory? Individual complaints before UN treaty bodies during their ‘Booming’ years." International Journal of Human Rights 24, no. 8 (January 14, 2020): 1103–26. http://dx.doi.org/10.1080/13642987.2019.1709447.

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Moinipour, Shabnam, and Mark Bendall. "UN treaty-based bodies and the Islamic Republic of Iran: Human rights dialogue (1990–2016)." Cogent Social Sciences 4, no. 1 (January 1, 2018): 1440910. http://dx.doi.org/10.1080/23311886.2018.1440910.

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30

Zambrana-Tévar, Nicolás. "The International Responsibility of the Holy See for Human Rights Violations." Religions 13, no. 6 (June 6, 2022): 520. http://dx.doi.org/10.3390/rel13060520.

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In recent years, the Holy See has been accused of violating its human rights obligations because of acts of sex abuse by the Catholic clergy. Such accusations are based, in various ways, on the authority of the Holy See over the clergy. The Holy See is often referred to as a state and its obligations as state obligations. UN treaty bodies understand that the human rights obligations of the Holy See, as a treaty party, are of a legal––not moral––nature and apply extraterritorially, i.e., beyond the territory of the Vatican City State. The notion of state jurisdiction is, therefore, applied to the Holy See in the same way as to any other state. UN treaty bodies implicitly conclude that, for the purpose of human rights responsibility, the crimes of the clergy must be attributed to the Holy See and that anyone under the religious authority of the Holy See is under its state jurisdiction. However, a closer examination of the nature of the Holy See and its authority under international law, church doctrine, and church law paints a more complex and nuanced picture, where it is hard to describe the clergy as state organs or religious authority as state jurisdiction. Still, there are reasons to understand that certain acts and omissions of the Holy See in the context of the sex abuse crisis can be characterized as violations of its positive obligations of conduct.

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McMenamin, Rebecca. "Advisory Opinion on Obligations of States in Respect of Climate Change: Potential Contribution of Human Rights Bodies." Climate Law 13, no. 3-4 (October 17, 2023): 213–23. http://dx.doi.org/10.1163/18786561-bja10045.

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Abstract On 29 March 2023, the UN General Assembly adopted a resolution requesting an advisory opinion from the International Court of Justice on the obligations of states in respect of climate change. The icj’s opinion, if given, will be the first of an international court determining the elements of human rights obligations in the context of climate change. These issues have already been grappled with by UN human rights treaty bodies. I argue that the icj is entitled to take account of these jurisprudential developments, and should do so.

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Paul Mbuya, Alphonce. "Protection of Older Persons’ Right to Healthcare by United Nations Human Rights Treaties." International Journal of Legal Developments & Allied Issues 08, no. 05 (2022): 36–47. http://dx.doi.org/10.55662/ijldai.2022.8501.

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This article examines the protection of older persons’ right to healthcare by the United Nations (UN) Human Rights treaties. Although there are diverse scholarly views on its nature and scope, health is firmly recognised as a right by UN human rights treaties which define health as a right and impose certain obligations on states for realising it. Therefore, the inclusion of the right to health in various human rights instruments is the basis for understanding the normative framework of the right as it applies to older persons and the nature of the measures which states must take to ensure its realisation. At the UN level, human rights treaties offer very limited protection to older persons, in part due to the absence of a specific treaty on older persons. However, soft law instruments adopted under the auspices of the said treaties elaborate the application of specific rights (including healthcare) to older persons. It is argued that the limited protection of older persons’ rights in the UN treaties should not be an excuse for states to take special measures to ensure realisation of older persons’ right to healthcare. Moreover, elaboration of older persons’ rights in general comments adopted by UN treaty bodies is a clear indication of the need for a specific UN treaty for recognising and protecting older persons’ rights, including healthcare which has been identified as a critical issue affecting older persons worldwide.

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Raisch, Marylin. "Travaux Préparatoires and United Nations Treaties or Conventions: Using the Web Wisely." International Journal of Legal Information 30, no. 2 (2002): 324–30. http://dx.doi.org/10.1017/s073112650000994x.

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One of the spectacular and liberating features of the Internet in general and the United Nations web site in particular is that if a treaty you are researching was drafted in connection with a conference relating to human rights, the environment, development, or a major topic in criminal or commercial law, entire web pages based on the treaty and its history are now in place. The process of drafting and finalizing the texts of major conventions and treaties sponsored by bodies within the United Nations system is unusually well-documented. The conference process and other drafting procedures have always made researching UN treaties rather more systematic than is the case with many inter-governmental organizations.

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Edwards, A. "Wouter Vandenhole, Non-Discrimination and Equality in the View of the UN Human Rights Treaty Bodies." Human Rights Law Review 7, no. 1 (February 8, 2007): 267–69. http://dx.doi.org/10.1093/hrlr/ngl032.

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Panditaratne, D. "Reporting on Hong Kong to UN Human Rights Treaty Bodies: For Better or Worse Since 1997?" Human Rights Law Review 8, no. 2 (January 1, 2008): 295–322. http://dx.doi.org/10.1093/hrlr/ngn004.

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Sandoval, Clara, Philip Leach, and Rachel Murray. "Monitoring, Cajoling and Promoting Dialogue: What Role for Supranational Human Rights Bodies in the Implementation of Individual Decisions?" Journal of Human Rights Practice 12, no. 1 (February 1, 2020): 71–100. http://dx.doi.org/10.1093/jhuman/huaa009.

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Abstract This article analyses the role of supranational human rights bodies in the implementation of their orders and recommendations in individual cases. It elicits the means, roles and impact of supranational mechanisms in triggering implementation processes by looking at the practice of UN treaty bodies and the three regional systems, through the in-depth study of specific cases and semi-structured interviews with relevant stakeholders. The article argues that supranational bodies are doing more than monitoring implementation of orders and recommendations in individual cases despite the scarcity of resources. They use different tools, both persuasive and coercive. Dialogue is central to their work, a dialogue that at times is opened to other actors such as civil society organizations, national human rights institutions and others. However, supranational bodies could do more to enhance the role they have promoting implementation by states of their orders and recommendations.

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Yelamos, Gerard Masdeu, Sarah Carney, Catherine Carty, and Malcom MacLachlan. "A Thematic Analysis of the UN Convention on the Rights of the Child (crc) State Party Reporting Mechanisms Related To Physical Education, Physical Activity and Sport." International Journal of Children’s Rights 29, no. 3 (August 17, 2021): 765–94. http://dx.doi.org/10.1163/15718182-29030011.

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Abstract The UN Convention on the Rights of the Child (crc) is the most ratified human rights treaty. In this article, three intimately connected concepts will be explored in relation to the framework of the State Party reporting mechanism related to the UN Convention on the Rights of the Child: physical education, physical activity and sport (pepas). A documentary analysis of three key document types from the Treaty Body reporting mechanisms was undertaken, including State Parties Reports (n = 104), List of Issues (n = 126) and Concerns/Observations and Recommendations (n = 797). There was a very low prevalence of the concepts of physical education, physical activity and, to a greater extent, sport, in these three reports. Seven themes emerged after the qualitative analysis: sport programmes, school-based sport, legislation and policies, key agents, interdisciplinary approach, enablers of sport and miscellaneous. Increased questioning of States with regards to their implementation of the right to sport, the issuance of pepas-based recommendations and guidance on how to achieve these rights from the Treaty Bodies would assist in solidifying understanding of sport as a human right and increase the impetus on States to act for pepas provision.

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Dibbets, Alicia. "Public Service Professionals as Human Rights Actors: Positioning the Social Worker." Human Rights Quarterly 46, no. 1 (February 2024): 118–39. http://dx.doi.org/10.1353/hrq.2024.a918542.

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ABSTRACT: Daily decisions taken by public service professionals such as social workers may directly impact their client’s rights, especially if they are working in a law and policy context that is questionable in human rights terms. This article takes a novel approach by exploring what human rights roles are attributed to public service professionals by United Nations (UN) Treaty Bodies and UN Special Rapporteurs. The analysis reveals that the narrow conceptualization of human rights roles offered by (interpretations of) international human rights law may in fact diminish the potential of public service professionals to make a real contribution to human rights realization.

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Kitharidis, Sophocles. "The Power of Article 103 of the un Charter on Treaty Obligations." Journal of International Peacekeeping 20, no. 1-2 (December 8, 2016): 111–31. http://dx.doi.org/10.1163/18754112-02001008.

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Understanding Article 103 of the Charter of the United Nations (un Charter) has proven to be complex and controversial. This provision stipulates that in the event of a conflict, the obligations imposed on un Member States under the un Charter prevail over international treaty obligations. Difficulties arise when state parties must determine whether to construe the provision as applying narrowly only to express Charter obligations, or more widely to obligations generated by Charter bodies such as the United Nations Security Council (unsc). Within the context of un peacekeeping operations, such operations are mandated by the unsc. Emphasizing on the respect of the relationship between the unsc and the un Charter, Article 25 serves as a specific legal basis for the unsc’s obligations to respect the provisions of the un Charter by developing intra vires decisions which are consistent with Charter obligations. State practice therefore presupposes that priority for unsc resolutions over treaty obligations is provided by Article 103. This article will first analyse Article 103 and in doing so, it will examine the obligations that the unsc can impose on states. This will include a consideration of when unsc mandated peacekeeping operations can, by their nature, contravene international human rights treaty obligations. It will then discuss the impact on peacekeeping operations on the presumption of complying with human rights obligations, including the right to life, freedom from torture and the right to liberty and security. Finally, this article will offer a critique of the capacity of Article 103 to override human rights obligations through the unsc interpretation of ‘all means necessary’ in peacekeeping operations.

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Bewley-Taylor, David R., and Malgosia Fitzmaurice. "The Evolution and Modernisation of Treaty Regimes." International Community Law Review 20, no. 5 (October 10, 2018): 403–35. http://dx.doi.org/10.1163/18719732-12341383.

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Abstract The UN based framework for international drug control, described as the global drug prohibition regime, has displayed some capacity to evolve. This is the case both in terms of formal structures and accompanying norms. Recent moves by a small number of jurisdictions towards the legal regulation of cannabis for non-medical and non-scientific purposes has, however, highlighted the existence of systemic inertia in the face of unprecedented challenge. The resultant obstacles and accompanying recourse by states to creative legal argumentation contrasts with approaches found within the regime for environmental regulation and its underpinning Multilateral Environmental Agreements (MEAs). In this case a variety of structures and bodies characterise a more dynamic and responsive framework. It is argued here that while we should be alert to issue area specificity, much can be learned from MEAs and their regime evolution, in relation to governance structures and the use of Conferences of the Parties.

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Krommendijk, Jasper. "Finnish Exceptionalism at Play? The Effectiveness of the Recommendations of UN Human Rights Treaty Bodies in Finland." Nordic Journal of Human Rights 32, no. 1 (January 2, 2014): 18–43. http://dx.doi.org/10.1080/18918131.2014.876752.

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Halme-Tuomisaari, Miia. "Toward Rejuvenated Inspiration with the Unbearable Lightness of Anthropology." AJIL Unbound 115 (2021): 283–88. http://dx.doi.org/10.1017/aju.2021.37.

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How might the connections between anthropology and international law become more dynamic? I reflect upon this question in this essay using ethnographic insights from the documentary cycles of the UN Human Rights Committee, the treaty body monitoring state compliance with the International Covenant on Civil and Political Rights. Building on recent anthropological scholarship on international organizations, bureaucracy, and documents, this essay discusses the knowledge practices and legal technicalities that characterize the international community of human rights lawyers. In particular, I reflect on the legal fiction of difference governing UN treaty bodies’ operations and the empirical sameness of participants in different formal categories in the shared community of practice of human rights lawyers. I conclude by suggesting that anthropological insights could significantly enrich our shared understanding of the diverse and subtle effects of human rights monitoring. Simultaneously such insights may offer rejuvenated inspiration for those international lawyers tackling a sense of losing faith in their discipline, both as an influential tool of world improvement and an invigorating intellectual tradition.

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Szoszkiewicz, Łukasz. "Linguistic Human Rights in Education." Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza 7 (December 15, 2017): 105–18. http://dx.doi.org/10.14746/ppuam.2017.7.07.

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Linguistic human rights are a concept remaining on the crossroads of several scientific disciplines, e.g. linguistics, anthropology, psychology and, last but not least, human rights law. Taking the latter as a lens, this study seeks to clarify the concept of linguistic human rights in education – presumably, the most linguistically sensitive sphere in the life of individuals and communities. The paper demonstrates that despite little mention of language in the UN treaties (ICESCR, CRC, CERD, CADE), its importance is reflected in the practice of the relevant treaty-based bodies. Moreover, increasing interest from scholars across a range of disciplines is contributing to the development of a linguistic human rights doctrine and is penetrating the UN human rights framework.

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McGaughey, Fiona, Rachel Rafferty, and Amy Maguire. "Transitional justice from above and below: exploring the potential glocalising role of non-governmental organisations through a Northern Ireland case study." Northern Ireland Legal Quarterly 74, no. 3 (December 7, 2023): 472–509. http://dx.doi.org/10.53386/nilq.v74i3.1018.

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Non-governmental organisations (NGOs) have the potential to play a unique local-to-global role – ‘glocalisation’ – as intermediaries to international human rights bodies. NGOs are also significant actors in transitional justice societies and have the potential to make a positive contribution by linking local and global dimensions of transitional justice. Moving beyond analysis of legal transitional justice responses through domestic and regional courts and the United Nations (UN) treaty body individual complaints, this article calls for consideration of the role NGOs can play in transitional justice when they connect to quasi-judicial and political UN human rights bodies through state reporting mechanisms. As the work of these bodies is quite reliant on NGO expertise, particularly local NGOs, the article examines Northern Ireland NGO engagement with UN state reporting mechanisms regarding transitional justice. The article concludes that, while the distinction between the state-centric review at the UN level and grassroots activities at a local level is ultimately a false dichotomy, this divide seems to be operating in practice in the case of Northern Ireland. We make a distinction between rights-focused and reconciliation-focused NGOs and find that reconciliation-focused NGOs in particular are largely absent from international reporting frameworks. We argue that NGOs have the potential to play a unique local-to-global role, ‘glocalisation’, but this only works if local NGOs are enabled and encouraged to engage at a global level. Hence, we recommend that, where possible, local NGOs must be involved in both grassroots activities and international monitoring via the UN in order to exploit their glocalising potential.

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PARK, Chan-Un. "Exploring the Possibility of State Compensation for Non-compliance with the Views of UN Human Rights Treaty Bodies." Institute for Legal Studies 35, no. 3 (September 30, 2018): 87–109. http://dx.doi.org/10.18018/hylr.2018.35.3.087.

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Murray, Rachel, and Clara Sandoval. "Balancing Specificity of Reparation Measures and States’ Discretion to Enhance Implementation." Journal of Human Rights Practice 12, no. 1 (February 1, 2020): 101–24. http://dx.doi.org/10.1093/jhuman/huaa008.

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Abstract A recurrent statement when implementation of international orders or recommendations in individual cases is considered is the belief that greater specificity of the measures helps compliance. Our research project examined a number of decisions adopted by some of the UN treaty bodies, and the regional human rights commissions and courts, in Africa, the Americas and Europe, and attempted to trace the extent to which the reparations ordered by the supranational bodies were implemented by the state authorities. This article focuses primarily on the reparations ordered by the Inter-American, African and UN systems and attempts to define specificity, emphasizing that it refers to a constant process of refining and clarifying the meaning of different forms of reparation. Specificity is then ‘unpacked’ in terms of the content of the reparation, deadlines imposed, who is responsible and who is a victim, and how the decision is reasoned. In so doing, the article maintains that specificity must also be considered vis-à-vis the degree of discretion that is given (or not) to states to act on orders or recommendations given by supranational bodies in individual cases. We conclude that a more nuanced approach to specificity versus ambiguity is needed, tailored to each reparation, each state and each case.

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O'Flaherty, M., and C. O'Brien. "Reform of UN Human Rights Treaty Monitoring Bodies: A Critique of the Concept Paper on the High Commissioner's Proposal for a Unified Standing Treaty Body." Human Rights Law Review 7, no. 1 (February 8, 2007): 141–72. http://dx.doi.org/10.1093/hrlr/ngl035.

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McDougall, Gay. "Inter-State Communication Submitted by the State of Palestine against State of Israel (U.N. Comm'n on the Elimination of Racial Discrimination)." International Legal Materials 59, no. 6 (November 23, 2020): 922–40. http://dx.doi.org/10.1017/ilm.2020.53.

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On December 12, 2019, the UN Committee on the Elimination of Racial Discrimination (the Committee) issued its decision on the question of jurisdiction in the inter-state communication submitted by the State of Palestine against Israel. It is among the three first inter-state communications ever before human rights treaty bodies and therefore sets numerous precedents on matters of procedure and in this case, on the question of jurisdiction and the unique nature of the Convention on the Elimination of Racial Discrimination (the Convention)—the first of a series of treaties codifying and expanding the scope of human rights law.

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Kehinde Obaoye, Justina, and Tian Wenli. "International Regime on Human Rights System for the Protection of Women’s Right." Asian Journal of Multidisciplinary Research & Review 03, no. 05 (2022): 132–54. http://dx.doi.org/10.55662/ajmrr.2022.3504.

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The formation of the United Nations brought about the protection of International Human Rights. The United Nations in its bids to protect International human rights established mechanisms to address human rights issues. These mechanisms have played vital roles in the elimination, promotion and protection of women’s rights. However, in theory these mechanisms exist to address women’s rights issues but in reality the result has been less than the system’s expectations. This failure has raised concerns for the protection and enforcement of international regime on women’s rights. The UN human rights system has also been actively involved in monitoring the core international human right treaties by state parties. The state parties that have ratified the treaties has an obligation to ensure the reform of discriminatory laws and practices; submit periodic reports to the treaty bodies which reviews State action including legislation and policies, reviewing States report on their compliance with international standard, visiting countries to carry out fact-finding, promoting human rights and making policy recommendations to States. This article will give a better understanding of International regime on women’s rights through the working of the United Nations human rights mechanism that is categorized into charter based bodies and the treaty based bodies. These human rights mechanisms work together for the promotion and protection of women’s rights. However, despite the human rights instrument provisions to protect the rights of women, there are some challenges that may impede the enforcement of these rights. Therefore, this article has identified some of these challenges and will proffer solutions to these challenges.

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Campbell, John B. "Planetary Exploration and Archaeology: Heritage Conservation." Highlights of Astronomy 13 (2005): 913–14. http://dx.doi.org/10.1017/s153929960001755x.

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Planetary exploration is resulting in the creation of new archaeological sites, material and debris on planets and their moons, and in various orbits round the Earth, Mars, the Sun etc. The main off-Earth bodies with sites so far are the Moon and Mars. Although thousands of archaeological sites on Earth are protected for their heritage value, no sites off-Earth are properly protected as yet. Sites off-Earth need to be ranked for their comparative heritage significance and protocols developed for the conservation and protection of the more significant sites and artifacts, before specimens are collected and returned to Earth in an uncontrolled (from heritage points of view) manner. A new United Nations Space Heritage Treaty is needed, or at least appropriate IAU and WAC (World Archaeological Congress) protocols agreed by the various parties concerned. The UN Outer Space Treaty 1967 is very out of date and a product of the Cold War.

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