scholarly journals The Crucial Role of Human Rights NGOs in the Inter-American System

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 355-359
Author(s):  
Ximena Soley
Keyword(s):  
Human Rights ◽  
Civil Society Organizations ◽  
General Level ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Movement ◽  
Protection Mechanisms ◽  
The Face ◽  
History Of ◽  
Legal Strategies

Since the explosion of the human rights movement in the early 1970s, civil-society organizations have played a key role in the inter-American human rights system (IAS). In the era of dictatorships, they provided the information necessary for the Inter-American Commission to be able to act in the face of uncooperative states. When democracy returned to the region, these organizations grew in number, and their role within the IAS likewise expanded. In particular, a set of organizations that focused on legal strategies and the activation of regional human rights protection mechanisms cropped up. These organizations have, at a more abstract and general level, contributed to the juridification of human rights struggles and ultimately to the creation of a legal field. They have also largely set the agenda of the IAS, although the agenda-setting power has been limited to a small number of organizations that constitute the system's “repeat players.” In a manner befitting their systemic importance, these organizations have tried to make sure the organs of the IAS run smoothly, and to defend them when they come under attack. This essay explores the different roles that human rights NGOs have played in the history of the IAS and suggests that the strategy of increasing juridification that they have pursued since the region's return to democracy might have reached its limits.

The Protective Shields

2016 ◽  
Author(s):  
Kinda Mohamadieh
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Civil Society Organizations ◽  
Crowding Out ◽  
Arab Region ◽  
Arab Uprisings ◽  
Policy Debates ◽  
Human Rights Movement ◽  
History Of ◽  
New Challenges

This chapter examines the various roles undertaken by civil society organizations (CSOs), or nongovernmental organizations, in the Arab region and their implications for collaboration between CSOs and the United Nations, with particular emphasis on how CSOs figure in policy debates and the human rights movement. CSOs in the Arab region, mainly those working on policy and legislative issues, have been engaged with UN-led processes and conferences since the 1992 Earth Summit, and including the 1995 Summit on Social Development and the 2000 Millennium Summit. However, as some UN agencies, driven by a quest for funding, have moved into programmatic interventions, tensions have sometimes emerged between CSOs and UN agencies when some UN agencies have ended up potentially competing with CSOs for funding or crowding out the space available for CSOs. This chapter first traces the history of CSO-UN interactions in the Arab region before discussing the new challenges and possibilities raised during the period of the Arab uprisings.

scholarly journals Importance (a Mechanism) of Constitutionally Stipulated Basic Human Rights and Personal Data Protection in Enforcement Proceeding Process

Law and World ◽  
2021 ◽  
Vol 7 (4) ◽  
pp. 152-165
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
Special Importance ◽  
Direct Proportion ◽  
Human Rights Protection ◽  
Personal Data Protection ◽  
Rights Protection ◽  
Protection Mechanisms ◽  
Executive System ◽  
Proportionality Principle

In a modern juridical state, the presence of a flexible and effective executive system has special importance, as not only the juridical act’s smooth functioning but also the country’s economic development and population’s social state is in direct proportion to the effectiveness of the mentioned system. Executive law term is often defined in doctrine as a law of constraint, power, as “enforcement” itself means using force and involvement in a person's rights (by executive party and/or 3rd party) such as ownership, freedom, inviolability of personal life, etc. Therefore, particular significance is given to protection of party interests and their basic rights during executive proceedings to avoid unallowable and disproportional involvement in human rights. Precisely the mentioned matters condition the topicality of the article. Besides this, in a world full of challenges and threats, it is most important to defend personal data in any process to avoid its usage for unnecessary aims. In the enforcement process, out of proceeding means personal data is certainly processed. As in any law field, in the executive law proportionality principle has the vastest load, so protection of this principle in the mentioned process is significant. In the article, faults connected to human rights protection mechanisms in doctrine and enforcement process, and authorial ways of resolving them are presented.

Interface between IPR and Human Rights: A Study with Reference to International Law

2012 ◽  
Vol 01 (09) ◽  
pp. 14-17
Author(s):  
Nashat Mahmoud Abdalla Jaradat
Keyword(s):  
Human Rights ◽  
National Level ◽  
Research Work ◽  
Industrial Property ◽  
Human Rights Protection ◽  
Rights Protection ◽  
International Perspectives ◽  
History Of ◽  
Variety Protection ◽  
Paris Convention

This research work aims to establish a link between IPR and human rights in the national and international perspectives. Furthermore, lack of implementation of legislations at the national level is one of the greatest setbacks in the history of human rights protection. Basically, the value of human rights is largely tested by it’s implementation. The earlier form of Industrial property underwent transformation after the Paris Convention to be nomenclature as Intellectual property. IPRs, such as patents, plant variety protection, copyrights, and trademarks, are exclusive monopoly rights over a creation that the society provides to the inventor for a period of time. While such monopoly protection obviously restricts the dissemination of knowledge, it is supposed to be counterbalanced by the incentive that it provides to innovate. Intrinsic, natural, interrelated, indivisible, inalienable, basic, instrumental and inherent rights are ought to be protected if required, for maintaining peace in the society. Imperialism, colonialism and inequalities among the states were some reasons of concern for the development of human rights.

9. Human rights in the EU

2017 ◽  
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Eu Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Charter Of Fundamental Rights ◽  
History Of ◽  
Complete Series ◽  
Explanatory Text ◽  
The Eu

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter begins with a brief history of human rights protection in Europe, including the separate role of the Council of Europe and the ECHR, as well as that of the EU and EU law. It then discusses the development of human rights protection by the EU; the need for human rights protection against the EU and its Member States; the Charter of Fundamental Rights of the EU; the enforcement of human rights in EU law; and the possibility of EU accession to the ECHR.

Part VII Assessments, Ch.37 Compliance

2013 ◽  
Author(s):  
Gori Gisella
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Conceptual Tool ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Mechanisms ◽  
International Human

This article examines the compliance of States with international human rights law. It explains the distinction between judicial and non-judicial compliance mechanisms, focusing on the United Nations (UN) in the context of non-judicial mechanisms and the Council of Europe and the Organization of American States (OAS) in the context of judicial mechanisms. It highlights the central role of the principle of subsidiarity in all international mechanisms for human rights protection and explains that this principle provides a conceptual tool for understanding the relation between the role of states in human rights protection and the role of the international human rights protection mechanisms that states create at the global and regional levels.

scholarly journals Improvement of mechanisms of human rights protection through the prism of modern. law-making policy in Ukraine

2020 ◽  
Vol 11 (11) ◽  
pp. 265-269
Author(s):  
Shapran Y. V.
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Life ◽  
National Level ◽  
Legal Regulation ◽  
Human Rights Protection ◽  
Information Measures ◽  
Rights Protection ◽  
Protection Mechanisms ◽  
Law Making

The paper reveals the relevance of scientific knowledge of theoretical, methodological and practical aspects of improving the mechanisms of human rights protection through the prism of contemporary law-making policy of Ukraine. The scientific views of scientists concerning the shortcomings of modern lawmaking in Ukraine, as well as the implementation of the provisions of modern lawmaking policy are generalized. The practical shortcomings of implementation of the provisions of law-making policy in Ukraine were emphasized. It is substantiated that law-making policy forms a doctrinal definite, conceptual basis for improving the legal regulation of relations in any sphere of human life, including in the field of human rights protection. It is noted that a key feature of lawmaking, which distinguishes it from other types of legal activity, is its systemic nature, which is associated with a continuous long process of adopting the rules of law, their current change and updating. The necessity to strengthen the effectiveness of human rights protection mechanisms in Ukraine has been proved, which is conditioned by the existing problems in the human rights protection mechanism itself, and is also confirmed by statistical observations conducted in Ukrainian society. Based on the analysis of the shortcomings of the functioning of human rights protection mechanisms in Ukraine, the ways of their improvement, which will correspond to the law-making policy of Ukraine, have been identified and substantiated. Among the ways to improve the human rights protection mechanisms that will be in line with Ukraine's law-making policy are the following, which are of paramount importance in the current conditions of society and state development in Ukraine: 1) enhancing the role and importance of the activities of the European Court of Human Rights; 2) strengthening the mechanisms of human rights protection at the national (national) level in accordance with the requirements of international law; 3) to develop and implement a system of information measures in order to increase the educational (information) level of people in the sphere of their rights and the mechanisms of their protection and guarantee; 4) to improve the procedure of enforcement of decisions of national courts of Ukraine and decisions of international courts in Ukraine; 5) to strengthen the staffing of the state authorities and local self-government bodies in terms of improving the professional level of human rights personnel and their protection, including the introduction of competitive selection of civil servants in the conditions of passing the examination to determine the level of knowledge of the provisions of the legislation of Ukraine and international law in the field human rights, etc. Keywords: law-formation, law-making, law-making policy, human rights, human rights protection mechanisms.

Business, Indigenous Peoples’ Rights and Security in the Case Law of the Inter-American Court of Human Rights

2019 ◽  
Vol 4 (1) ◽  
pp. 109-130
Author(s):  
Núria REGUART-SEGARRA
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Case Law ◽  
Economic Interests ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Regional System ◽  
History Of ◽  
Indigenous Property Rights

AbstractThe history of indigenous peoples from across the globe is marked by constant aggression, persecution and conflict. In these times, they are being obliged to confront the consequences of economic interests in their ancestral lands and natural resources, which often take the form of extractive projects conducted by corporate actors with the permission of governments. These abusive practices have led to a number of social, legal and political disputes, many of which have resulted in violence. All of this reveals that indigenous rights cases cannot be omitted in the study of the interrelation between business, human rights and security, since these three elements are present in many of them. In particular, the case law of the Inter-American Court of Human Rights needs to be closely examined, as it is considered to be the regional system of human rights protection that has played the most prominent role in delimitating indigenous property rights.

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