The Human Rights Accountability Mechanisms of International Organizations

2020 ◽  
Author(s):  
Stian Øby Johansen
Author(s):  
Lutz Leisering

The Universal Declaration of Human Rights (1948) proclaimed the equality of all human beings in dignity and rights. The right to social security, however, has been taken more seriously only since the 2000s, through calls for ‘Social security for all’ and ‘Leaving no one behind’. The book investigates a major response, social cash transfers to the poor. The idea of simply giving money to the poor had been rejected by all major development organizations until the 1990s, but since the early 2000s, social cash transfers have mushroomed in the global South and on agendas of international organizations. How come? What programmes have emerged in which countries? How inclusive are the programmes? What models have international organizations devised? Based on unique quantitative and qualitative data, the book takes stock of all identifiable cash transfers in all Southern countries and of the views of all major international organizations. The author argues that cash transfers reflect broader changes: new understandings of development, of human rights, of global risks, of the social responsibility of governments, and of universalism. Social cash transfers have turned the poor from objects of charity into rights-holders and agents of their own lives and of development. A repertoire of cash transfers has evolved that has enhanced social citizenship, but is limited by weak political commitments. The book also contributes to a general theory of social policy in development contexts, through a constructivist sociological approach that complements the dominant approaches from welfare economics and political economy and includes a theory of social assistance.


Author(s):  
Carla Ferstman

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.


Author(s):  
Gisela Hirschmann

How can international organizations (IOs) like the United Nations (UN) and their implementing partners be held accountable if their actions and policies violate fundamental human rights? Political scientists and legal scholars have shed a much-needed light on the limits of traditional accountability when it comes to complex global governance. However, conventional studies on IO accountability fail to systematically analyze a related, puzzling empirical trend: human rights violations that occur in the context of global governance do not go unnoticed altogether; they are investigated and sanctioned by independent third parties. This book puts forward the concept of pluralist accountability, whereby third parties hold IOs and their implementing partners accountable for human rights violations. We can expect pluralist accountability to evolve if a competitive environment stimulates third parties to enact accountability and if the implementing actors are vulnerable to human rights demands. Based on a comprehensive study of UN-mandated operations in Afghanistan, Bosnia, and Kosovo, the European Union Troika’s austerity policy, and global public–private health partnerships in India, this book demonstrates how competition and human rights vulnerability shape the evolution of pluralist accountability in response to diverse human rights violations, such as human trafficking, the violation of the rights of detainees, economic rights, and the right to consent in clinical trials. While highlighting the importance of studying alternative accountability mechanisms, this book also argues that pluralist accountability should not be regarded as a panacea for IOs’ legitimacy problems, as it is often less legalized and might cause multiple accountability disorder.


AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 193-195
Author(s):  
Elspeth Guild

Fleur Johns' thesis about the increasing role of data in the verification of the condition of the world and how this impacts on international law is stimulating and bears reflection. This is an extremely interesting and innovative approach to the issue of data and its role in state engagement with mass migration. From the perspective of a scholar on international refugee law, a number of issues arise as a result of the analysis. One of the contested aspects of mass migration and refugee protection is the inherent inconsistency between two ways of thinking about human rights—the first is the duty of (some) international organizations to protect human rights in a manner which elides human rights and humanitarian law, and the second is the right of the individual to dignity, the basis of all human rights according to the UN's Universal Declaration of Human Rights of 1949. The first enhances the claims of states to sovereign right to control their borders (mediated through some international organizations), while the second recognizes the international human rights duties of states and international organizations to respect the dignity of people as individuals (including refugees). Fleur is completely correct that human rights abuses are at the core of refugee movements. While there are always many people in a country who will stay and fight human rights abuses even when this results in their sacrifice, others will flee danger trying to get themselves and their families to places of safety; we are not all heroes. Yet, when people flee in more than very small numbers, state authorities have a tendency to begin the language of mass migration. The right to be a refugee becomes buried under the threat of mass migration to the detriment of international obligations. Insofar as mass migration is a matter for management, the right of a refugee is an individual right to international protection which states have bound themselves to offer.


2005 ◽  
Vol 18 (4) ◽  
pp. 717-745 ◽  
Author(s):  
THOMAS POGGE

Various human rights are widely recognized in codified and customary international law. These human rights promise all human beings protection against specific severe harms that might be inflicted on them domestically or by foreigners. Yet international law also establishes and maintains institutional structures that greatly contribute to violations of these human rights: fundamental components of international law systematically obstruct the aspirations of poor populations for democratic self-government, civil rights, and minimal economic sufficiency. And central international organizations, such as the WTO, the IMF, and the World Bank, are designed so that they systematically contribute to the persistence of severe poverty.


Author(s):  
Terence C. Halliday ◽  
Shira Zilberstein ◽  
Wendy Espeland

With a focus on legal and other organizational actors beyond the state, this article seeks to expand the theory of conditions under which legal occupations will mobilize to fight for basic legal freedoms within states. It elaborates the line of scholarship on legal complexes and political liberalism within states since the 17th century. First, we catalog harms that international organizations (IOs) of many kinds seek to protect in the more than 190 states in the world. Second, we elaborate the concept of an international legal complex (ILC) as a collective actor in the global struggle for basic legal freedoms. We illustrate these two steps with new data on China drawn from a wider project. We show what harms mobilize the ILC, international human rights organizations (IHROs) and an international governmental organization, the UN Human Rights Council (UNHRC). We focus on accountability devices as tools differentially deployed by the ILC, IOs, and UNHRC in their efforts to influence the institutionalization of basic legal freedoms, an open civil society, and a moderate state in China. The illustrative case of China provides a framework for research and theory on all other countries. Expected final online publication date for the Annual Review of Law and Social Science, Volume 17 is October 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.


2021 ◽  
Vol 6 (1) ◽  
pp. 09-22
Author(s):  
Rodrigo Pinto de Andrade ◽  
Rogerio De Almeida Souza

Este texto tem como objetivo analisar a vida e a obra de Jaime Nelson Wright (1927-1999), pastor presbiteriano, opositor do regime militar no Brasil e intelectual engajado na luta pela defesa dos direitos humanos. Foi uma das vozes que mais combateu a ditadura militar no interior do protestantismo brasileiro. Desde a deflagração do golpe em 1964, fez a opção político/religiosa de não aderir ao regime autoritário. Wright se vinculou ao movimento estudantil e dedicou-se ao amparo religioso/pastoral dos perseguidos políticos. Sua contribuição como intelectual, perpassa o campo religioso. Ele atuou junto aos organismos internacionais voltados para a defesa dos direitos humanos e fundamentais à vida e denunciou as atrocidades do regime militar no Brasil. Para a efetivação da pesquisa foram utilizadas as seguintes fontes: documentos e imagens disponibilizados pelo projeto Brasil: Nunca Mais; jornais da época: entrevistas e matérias; decretos e leis. Os dados revelados pelas fontes indicam que a vida e obra de Jaime Wright contribuíram decisivamente para o processo de redemocratização do Brasil. This text analyzes the life and work of Jaime Nelson Wright (1927-1999), a Presbyterian pastor, a fierce opponent of the military regime in Brazil, and intellectually engaged in the struggle for the defense of human rights. He was one of the voices that most fought the military dictatorship in the Brazilian Protestant movement. Since the outbreak of the coup in 1964, he made the political and religious choice of not joining the authoritarian regime. Wright joined the student movement and dedicated himself to the religious support of the politically persecuted. His contribution as a committed intellectual goes beyond the clerical field. He was involved with international organizations dedicated to the defense of human rights and the fundamental rights to life. He also exposed the military regime's atrocities. For the realization of the research were used the following sources: documents and images made available by the Project Brazil: Never Again; newspapers of the time: interviews and stories; decrees and laws. The data revealed by the sources, indicate the life and work of Jaime Wright contributed in a decisive way to the re-democratization process in the Brazilian society.


2020 ◽  
Vol 10 (1) ◽  
Author(s):  
Marina Gorbatiuc

E-voting is the next step of the Republic of Moldova evolution. The article presents advantages of e-voting, all steps of using it, and its many types. Electronic voting refers to elections using electronic means. E-voting can be managed by phones, the Internet, private computer networks or special kiosks. Reasons for accepting this kind of voting are provided. The analyzed in the article OSCE/ODIHR’s (Office for Democratic Institutions and Human Rights) activities which are related to tolerance and non-discrimination are focus on the following areas: legislation; law enforcement training; monitoring, reporting on, and following up on responses to hate-motivated crimes and incidents; as well as educational activities to promote tolerance, respect, and mutual understanding. Conclusions from all ODIHR activities which are carried out in close co-ordination and co-operation with OSCE participating States, OSCE institutions and field operations, as well as with other international organizations are given.


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