scholarly journals Human Rights on the Road to Nowhere

2017 ◽  
pp. 283-310 ◽  
Author(s):  
Stephen Hopgood
Keyword(s):  
The Road ◽  
ICL Journal ◽  
2013 ◽  
Vol 7 (3) ◽  
Author(s):  
Rosmarie Doblhoff-Dier ◽  
Sandra Kusmierczyk

AbstractBy acceding to the European Convention on Human Rights (ECHR), the EU’s role as supranational player in the complex human rights architecture of Europe will be finally recognized. On 5 April 2013, the negotiators of the accession procedure of the European Union to the ECHR agreed on a package of draft accession instruments. Constituting a mile­stone on the road to accession, the now revised Accession Agreement still leaves vast room for discussion. By critically scrutinizing some of its modalities, this article will evaluate its impact on the human rights jurisdiction of the European Court of Justice (ECJ) and the Eu­ropean Court of Human Rights (ECtHR) and the relationship between both courts. To this end, it will address the somewhat disproportionate involvement of the European Union in the future jurisdiction of the ECtHR and in the decision making of the Council of Europe in matters linked to the ECHR. Furthermore, it will focus on the compatibility of the Draft Agree­ment with the principle of autonomous interpretation of European Union Law: a highly rel­evant discussion for the ECJ’s future Opinion under Article 218 (11) TFEU on the compatibil­ity of the finalized draft agreement with the Treaties - the next hurdle for accession.


2020 ◽  
Vol 24 (3) ◽  
pp. 780-800
Author(s):  
Marghoob S. Butt

The article focuses on the state of environment protection at global and regional levels. It dwells in detail on the definitions, history, causes of climate change and the efforts made by the international community to address this existential threat in a just and efficient manner, as well as the ongoing efforts to salvage the future of humanity by embarking on the road to sustainable development. The article also focuses on explaining the state of environmental degradation from a human rights perspective and suggests requisite measures that ensure the promotion and protection of human rights of the most disadvantageous persons and segments of every society. The special emphasis is placed on the origin of Islamic ecological thought, the dichotomy between Islamic precepts, which are fully in line with the just and sustainable use of natural resources, and the contradictory practices of Muslim countries. Equally important in this regard are the various initiatives, policies and decisions taken by the Organization of Islamic Cooperation (OIC) to address the challenge of environment protection at the national, regional and international levels, as part of the global community. In dealing with the state of environment protection in the OIC countries, the article also situates the overall debate within the context of the right to a healthy environment and the concept of climate justice. It accordingly makes a number of recommendations to different stakeholders including the primary target of the article i.e. the OIC countries both from a developmental and human rights perspective.


Author(s):  
Mpfariseni Budeli

South Africa was under the apartheid rule for around fifty years. Apartheid was formally established by the National Party when it came to power in 1948. In terms of the apartheid policy, the government belonged to the White people who enjoyed all human rights and were entitled to rule the country to the detriment of the Black people despite the latter constituting the overwhelming majority of the population. The apartheid regime eventually came to an end in the early 1990s. Following the ending of the dictatorial regime, a new Constitution was adopted and the first democratic elections were held in South Africa. [T]his paper reflects on the road that South Africans have gone from Apartheid to democracy and good political governance, on what they have achieved as well as the challenges and prospects for democratic governance in the country. Keywords: South Africa; apartheid; Constitution; governance; democracy and human rights.


2008 ◽  
Vol 30 (1) ◽  
pp. 63-71
Author(s):  
MARIA LAURA GUEMBE

Abstract Memoria Abierta's work responds to the need for a dialogue in Argentina among human rights organizations, the government, and civil society that will stimulate the formation of a collective memory about the history of State-led terrorism in the country. Processing documents, testimonies, and images related to the history of illegal repression in Argentina (c. 1974–1983), and creating a topographical reconstruction of the locations where State-led terrorism occurred poses diverse ethical, technical, and political problems regarding the recollection, description, transmission, and diffusion of the materials of memory. This article describes some of these challenges and how they affect and are shaped by the work of Memoria Abierta.


2005 ◽  
Vol 23 (3) ◽  
pp. 379-408 ◽  
Author(s):  
André Mbata B Mangu

As Pliny the Elder once put it, ‘ex Africa semper aliquid novi’. There is always some thing new coming out of Africa, and this time for the better. Over the last decade, some important developments unfolded on the African continent with the potential to impact on the future of African peoples. The African Union (AU) whose major purpose is to place Africa firmly on the road to development replaced the Organisation of African Unity (OAU). The New Partnership for Africa's Development (NEPAD) was launched to achieve African renaissance. The African Peer Review Mechanism (APRM) was devised as NEPAD's linchpin and both were integrated within the AU. The Protocol to the African Charter establishing an African Court on Human and Peoples' Rights finally came into operation. There is renewed hope that a new era has begun and time has come for Africa's development, which is not possible without a more effective and better protection of human rights. In this article, the author reflects on the changing human rights landscape in Africa under the AU, NEPAD, and the African Court.


2017 ◽  
Vol 35 (1) ◽  
pp. 4-10
Author(s):  
Lionel Veer
Keyword(s):  
The Road ◽  

2020 ◽  
Vol 16 (3) ◽  
pp. 222-238
Author(s):  
Alan Desmond

AbstractThis paper undertakes a sceptical analysis of the significance for the protection of migrants’ rights represented by the Sustainable Development Goals (SDGs) 2030 and the UN Global Compact for Migration (GCM). Despite the positive view taken by many of these frameworks, I argue that, taken together, the SDGs and the GCM represent an acknowledgement of the failure of the international system of human rights protection to deal effectively with the protection of migrants’ rights. With particular reference to the UN Migrant Workers Convention, I argue that adoption of the GCM underscores a decisive shift from the realm of binding international law to soft law for the purposes of dealing with migrants’ rights. While acknowledging some of the signal benefits of this new regime, I highlight some of the many signs suggesting that these twin international developments do not guarantee progress on the road to the protection of migrants’ rights.


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