Human Rights Treaty Bodies as Standard-Setting Mechanisms

Author(s):  
Ruth Halperin-Kaddari
2009 ◽  
Vol 11 (2) ◽  
pp. 185-218 ◽  
Author(s):  
Gaetano Pentassuglia

AbstractThis article explores the role of judicial discourse in articulating and accommodating minority claims under international law. It identifies four major movements in the field of minority protection and argues that, while the era of specialised standard-setting on minority groups seems to be largely over, international jurisprudence holds the promise of a wider and deeper (re-)assessment of minority issues within the human rights canon.


2013 ◽  
Vol 63 (1) ◽  
pp. 67-101 ◽  
Author(s):  
Nicholas Doyle

AbstractOn 18 November 2012 the ‘Association of Southeast Asian Nations’ (ASEAN) adopted the ASEAN Human Rights Declaration (AHRD). ASEAN has existed since 1967 and as a result allows Southeast Asia to be identified as a ‘region’ comparable with other regions such as Africa, the Americas and Europe which have been seen as such in human rights terms for over 40 years. However, until recently Southeast Asia has not been involved in a process of regional human rights institutionalization which in other regions has been an important means of implementing international human rights treaty commitments adopted by their member-States in global forums. Furthermore, the ten States of ASEAN as a group are parties to relatively few of the principal international human rights standard-setting and monitoring regimes. Hence vesting ASEAN with a human rights mandate would seem to present an opportunity to enhance the range of human rights commitments to which ASEAN States are subject. However, after reviewing the ‘ASEAN human rights mechanism’ it is concluded that much recent ASEAN activity amounts either to political rhetoric or has potential to fragment the human rights norms recognized by those ASEAN States which are committed to international human rights treaties. For the ASEAN States which are relatively uncommitted to international human rights treaty regimes, participating in the ASEAN mechanism may reduce pressure to recognize international norms.


1985 ◽  
Vol 19 (3) ◽  
pp. 556-569
Author(s):  
Guy S. Goodwin-Gill ◽  
R.K. Jenny ◽  
Richard Perruchoud

This article seeks to: 1) examine the general status in international law of certain fundamental human rights, to determine the minimum “no derogation” standards; and 2) survey briefly a number of formal agreements between states governing migration matters, while examining some of the standard-setting work undertaken by the International Labor Organization and other institutions. Finally, certain conclusions will be drawn regarding the content and administration of the relevant law, in the light of the requirement to ensure the effective and efficient implementation of international legal obligations.


Author(s):  
Gisela Hirschmann

This introductory chapter highlights why pluralist accountability is an important empirical phenomenon in global governance that needs to be studied systematically. It demonstrates the limits of the existing literature on international organization (IO) accountability, which has focused on traditional, vertical accountability, whereby the implementing actors are held accountable directly by the mandating authority. The chapter introduces the concept of pluralist accountability as standard setting, monitoring, and sanctioning by independent third parties. It presents the argument that a competitive environment that stimulates third parties to act as accountability holders and the vulnerability of implementing actors regarding human rights demands shape the evolution of pluralist accountability. The chapter then outlines the implications of the book’s analysis for current International Relations and international law scholarship on IOs, in particular with regard to complex delegation, the role of nonstate actors and the study of IO legitimacy. It also contains an overview of the subsequent chapters.


2014 ◽  
Vol 3 (3) ◽  
pp. 276-310
Author(s):  
Noel Villaroman

The present paper analyzes the substance of the right to establish and maintain places of worship in order to reveal the elements that make up its conceptual core. First, the process of international standard-setting in human rights is explained, in particular the important contribution of the un Special Rapporteur on Freedom of Religion or Belief to standard-setting. Second, the paper summarizes the outcomes of the standard-setting activities of the un Human Rights Committee and of the Special Rapporteur on Freedom of Religion or Belief with respect to places of worship. The analysis demonstrates the significance of the right to establish and maintain places of worship − a key religious freedom norm which aims to ensure that the structural requirement of religious freedom is adequately met.


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