scholarly journals State Capture through Corruption: Can Human Rights Help?

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 331-335
Author(s):  
Jimena Reyes
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
United Nations ◽  
Human Rights Violations ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Regional Systems ◽  
State Capture ◽  
The United Nations ◽  
Negative Impacts

Until recently, the United Nations and regional systems of human rights protection had shown considerable reluctance to address human rights violations resulting from corruption. Instead, these actors would underline the negative impacts of corruption on human rights without identifying corruption itself as a violation of human rights. Since 2017, however, this has begun to shift. The UN, regional human rights institutions, and civil society have begun to devise concrete ways for human rights institutions and instruments to better contribute to the fight against corruption. The Inter-American Court of Human Rights (“the Court”), in particular, has taken preliminary steps to establish a legal link between corruption and human rights violations.

3. The United Nations

2019 ◽  
pp. 29-55
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Vulnerable Groups ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The United Nations ◽  
Nuremberg Trials ◽  
Early Influences

This chapter examines the work of the United Nations (UN) in the area of human rights. It discusses the evolution of human rights under the auspices of the UN as well as some of the early influences on human rights. The influence of the Nuremberg trials, the abolition of slavery, and the protection of vulnerable groups on the development of human rights protection law is discussed. Relevant institutions and bodies working under the auspices of the United Nations are discussed. The chapter also explains the functions and responsibilities of these bodies, and highlights the financial and personnel constraints that negatively affect the performance of their duties.

Implementing Decisions of International Human Rights Institutions – Evidence from the United Nations Human Rights Committee

2019 ◽  
Vol 30 (3) ◽  
pp. 753-777
Author(s):  
Vera Shikhelman
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
The State ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
International Human ◽  
The United Nations ◽  
Internal Capacity

Abstract In recent years, there has been an increasing amount of research about the implementation of international law. However, there has been almost no empirical research about implementing decisions of international human rights institutions. The decisions of those institutions are usually regarded as soft law, and states do not have a clear legal obligation to implement them. In this article, I bring original empirical data about how and when states implement decisions of the United Nations Human Rights Committee (HRC) in individual communications. I hypothesize that the following factors influence the readiness of states to implement the views of the HRC: (i) the level of democracy and human rights protection in the state; (ii) internal capacity; (iii) strength of civil society; (iv) type of remedy; (v) representation on the HRC; (6) subject matter of the communication. I find that the most important factor for implementing remedies granted by the Committee is the high human rights score of the state. The internal capacity of the state is also significant but to a lesser extent than found in previous studies. Also, I find a certain connection between the state being represented on the HRC and its willingness to implement the remedies.

scholarly journals Ethiopia before the United Nations Treaty Monitoring Bodies

Afrika Focus ◽  
2007 ◽  
Vol 20 (1-2) ◽  
Author(s):  
Eva Brems
Keyword(s):  
Human Rights ◽  
United Nations ◽  
The State ◽  
International Human Rights ◽  
International Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Rights Of The Child ◽  
International Human ◽  
The United Nations

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.Key Words: United Nations, Human Rights Conventions, State Reporting, Human Rights Situation in Ethiopia 

A Credibility Gap: The Behrami and Saramati Decision of the European Court of Human Rights

2009 ◽  
Vol 13 (1-2) ◽  
pp. 159-180 ◽  
Author(s):  
Heike Krieger
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Security Council ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Long Run ◽  
European Court ◽  
The United Nations ◽  
European Standards ◽  
Credibility Gap

AbstractWith the Behrami and Saramati decision the European Court of Human Rights misses an important opportunity to close the credibility gap in human rights protection during the international administration of territories such as Kosovo. The article criticises the attribution of KFOR acts to the United Nations. It holds that the equation of delegation and attribution as well as the ultimate authority and control test as a criterion for attribution are not in line with UN practice. Instead the article argues in favour of a responsibility of the Troop Contributing Nations. Their responsibility is either based on dual attribution or on the jurisprudence of the Court on the transfer of powers to international organisations. The Court's intention is understandable to protect the universal UN security system by not declaring acts of the Security Council incompatible with European standards. However, it will harm the credibility of UN administration of territories in the long run if collective security concerns prevail over human rights protection. In view of the exercise of quasi-governmental acts by the UN Security Council the article stresses the obligations of ECHR Member States to work towards the establishment of a human rights tribunal on the level of the United Nations.

scholarly journals Ethiopia Before The United Nations Treaty Monitoring Bodies

Afrika Focus ◽  
2007 ◽  
Vol 20 (1-2) ◽  
pp. 49-74
Author(s):  
Eva Brems
Keyword(s):  
Human Rights ◽  
United Nations ◽  
The State ◽  
International Human Rights ◽  
International Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Treaty Monitoring ◽  
International Human ◽  
The United Nations

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.

3. The United Nations

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Vulnerable Groups ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The United Nations ◽  
Nuremberg Trials ◽  
Early Influences

This chapter examines the work of the United Nations (UN) in the area of human rights. It discusses the evolution of human rights under the auspices of the UN as well as some of the early influences on human rights. The influence of the Nuremberg trials, the abolition of slavery, and the protection of vulnerable groups on the development of human rights protection law is discussed.

Human rights guarantees in scope of the United Nations: A Study in guarantees at the international and national levels

2020 ◽  
pp. 3
Author(s):  
Ahmed Abdul Amir Al-Anbari ◽  
Sodad Sabea Sodad
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Middle Ages ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Quantum Leap ◽  
The World ◽  
Major Transformation ◽  
The United Nations ◽  
State Relations

Since the founding of the United Nations in 1945, human rights have witnessed a quantum leap in terms of human rights guarantees through the proclamation of declarations, covenants and conventions dealing with various human rights. The Universal Declaration of Human Rights, issued in 1948, is the official guarantee of universal human rights protection. This guarantee comes from the United Nations, the highest political and legal reference in the field of inter-State relations after the great transformation of the world in the recognition of human rights and freedoms. The world has witnessed genocides in more than one spot in the world over the Middle Ages and modern era. This issue of human rights has undergone a major transformation at the political and legal levels. 

scholarly journals La transición española ante los sistemas universal y europeo de protección de los derechos humanos

2017 ◽  
pp. 63
Author(s):  
Jorge Rodríguez Rodríguez
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
United Nations ◽  
Spanish Civil War ◽  
Civil Society Organizations ◽  
Human Rights Violations ◽  
The Past ◽  
Derechos Humanos ◽  
European Court ◽  
The United Nations

<p>Over the past few years, but especially on the last lustrum, the United Nations has shown a deep concern about the situation of the Spanish Civil War and the Franco’s regime victims. Therefore the United Nations has recommend to Spain a series of legislative and institutional modifications in order to achieve a better protection of the rights to truth, justice, reparation and guarantees in order to avoid any future repetition of this sort of human rights violations. In this regard, victims and civil society organizations have sued eight times before the European Court of Human Rights the protection of these rights. Nonetheless, the Court has considered in every case that has no jurisdiction to pronounce about this matter.</p><p><strong>Received</strong>: 31 March 2015<br /><strong>Accepted</strong>: 15 October 2015<br /><strong>Published online</strong>: 11 December 2017</p>

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