Nganyi and Nine Others v. United Republic of Tanzania

Legal Fees

Damages — Pecuniary reparations — Material loss — Loss of income — Proof of loss — Legal fees — Non-material loss — Loss suffered by victims — Material prejudice suffered by indirect victims — Quantum of compensation — Compensation on an equitable basis — Reparations — Whether merits judgment providing sufficient reparation — Order of release for applicants serving jail term — Non-repetition of violations — Order for publication of judgment — Report on implementation — Costs Human rights — Treaties — African Charter on Human and Peoples’ Rights, 1981 — International Covenant on Civil and Political Rights, 1966 — Judgment on merits — United Republic of Tanzania in violation of rights of ten Kenyan citizens to fair trial — Right to be tried within a reasonable time — Right to counsel — Reparations — Human rights violations for which compensation due International tribunals — African Court on Human and Peoples’ Rights — Judgments — Implementation — Reparations — Requirement of publication

International Human Rights Law and the Response to the covid-19 Pandemic

Journal of International Humanitarian Legal Studies ◽

10.1163/18781527-bja10004 ◽

2020 ◽

Vol 11 (2) ◽

pp. 249-269

Author(s):

Sarah Joseph

Keyword(s):

Human Rights ◽

International Human Rights Law ◽

Political Rights ◽

Human Rights Law ◽

International Human Rights ◽

Cultural Rights ◽

Human Rights Treaties ◽

International Human ◽

Do So

Abstract States have duties under Article 12(2)(c) of the International Covenant on Economic, Social and Cultural Rights and Article 6 of the International Covenant on Civil and Political Rights to prevent, control and treat covid-19. Implementation of these three obligations is analysed, taking account of countervailing human rights considerations. Regarding prevention, lockdowns designed to stop the spread of the virus are examined. Control measures are then discussed, namely transparency measures, quarantine, testing and tracing. The human rights compatibility of treatment measures, namely the provision of adequate medical and hospital care (or the failure to do so), are then examined. Finally, derogations from human rights treaties in times of pubic emergency are discussed.

Democracy and Compliance with Human Rights Treaties: The Conditional Effectiveness of the Convention for the Elimination of All Forms of Discrimination against Women

International Studies Quarterly ◽

10.1093/isq/sqy058 ◽

2019 ◽

Vol 63 (1) ◽

pp. 127-138

Author(s):

Daniel W Hill ◽

K Anne Watson

Keyword(s):

Human Rights ◽

Political Institutions ◽

Democratic Governance ◽

International Human Rights Law ◽

Political Rights ◽

Human Rights Law ◽

Beneficial Effects ◽

Human Rights Treaties ◽

Conditional Effect ◽

Abstract Research on international human rights law suggests that the beneficial effects of treaties depend on the strength of democratic political institutions. However, democracies are, by definition, compliant with many provisions in treaties that protect civil and political rights. Additionally, theories of compliance derive from a focus on civil and political rights rather than on other rights, so we lack a good understanding of whether predictions hold for other kinds of rights. We examine compliance with the Convention for the Elimination of All Forms of Discrimination against Women (CEDAW), which protects rights that are distinct from those that characterize democratic governance. To measure compliance, we create a new indicator of women's rights that offers several advantages over existing indicators. We examine the conditional effect of CEDAW using models that allow for heterogenous treaty effects. This helps to adjudicate between theories that expect treaties to be most effective in highly democratic countries and those that expect them to be most effective among partial democracies. Our findings do not support either expectation and suggest that effectiveness does not depend on democracy, at least in the case of CEDAW. This points to the need to enrich existing theories of ratification and compliance by accounting for differences in the nature of the rights protected by different treaties.

State Succession to Human Rights Treaties: Hong Kong and the International Covenant on Civil and Political Rights

International and Comparative Law Quarterly ◽

10.1017/s0020589300059789 ◽

1996 ◽

Vol 45 (4) ◽

pp. 928-946 ◽

Cited By ~ 8

Author(s):

Johannes Chan

Keyword(s):

Human Rights ◽

Hong Kong ◽

United Kingdom ◽

Political Rights ◽

The United Kingdom ◽

Human Rights Treaties ◽

State Succession ◽

Made In

In 1976 the United Kingdom ratified the International Covenant on Civil and Political Rights (ICCPR) and extended it to Hong Kong. Under the Covenant the United Kingdom assumed an obligation to submit periodic reports to the Human Rights Committee on the measures it has adopted to give effect to the rights recognised by the Covenant and on the progress made in the enjoyment of these rights.1 The United Kingdom has submitted four periodic reports on Hong Kong, in 1978,2 1988,3 19914 and 1995.5

An Undemocratic Guardian of Democracy - International Human Rights Complaint Procedures

Victoria University of Wellington Law Review ◽

10.26686/vuwlr.v38i2.5520 ◽

2007 ◽

Vol 38 (2) ◽

pp. 199

Author(s):

Shotaro Hamamoto

Keyword(s):

Human Rights ◽

Political Rights ◽

International Human Rights ◽

Narrow View ◽

Human Rights Treaties ◽

International Human ◽

The Individual

This paper discusses the individual complaints procedures established pursuant to international human rights treaties such as the International Covenant on Civil and Political Rights. It discusses the bases on which these systems have been criticised as undemocratic. After considering how these democratic failings could be ameliorated through greater involvement of domestic parliaments, it questions this narrow view of democracy that looks only to parliamentary involvement, suggesting instead that apparently undemocratic individual complaints procedures can actually have a beneficial "democratising" effect.

BRIDGING THE INTERNATIONAL GAP: THE ROLE OF NATIONAL HUMAN RIGHTS INSTITUTIONS IN THE IMPLEMENTATION OF HUMAN RIGHTS TREATIES IN AFRICA

Obiter ◽

10.17159/obiter.v39i3.11330 ◽

2018 ◽

Vol 39 (3) ◽

Author(s):

Aliyu Ibrahim

Keyword(s):

South Africa ◽

Human Rights ◽

Political Rights ◽

Cultural Rights ◽

National Human ◽

Human Rights Treaties ◽

National Human Rights Institutions ◽

Domestic Level

While most of the United Nations (UN) treaties have committees to monitor the implementation of their provisions among their States parties, one of the major challenges they encounter is their inability to independently verify the information provided by the States parties, on the level of fulfilling their obligations to the treaties. However, the establishment of National Human Rights Institutions (NHRIs) by the majority of UN member states was meant to not only promote and protect human rights within the territories of States parties, but also to monitor the implementation of the provisions of treaties at the domestic level. This resulted in treaty bodies to encourage NHRIs, in monitoring and providing it with information on the level of implementation of the provisions of these treaties within the territories of respective States parties. This article examines whether these institutions in Africa have been able to discharge their mandates concerning the implementation of two treaties, namely, the International Covenant on Civil and Political Rights (ICCPR) which is monitored by the Human Rights Committee (HRC) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) which is overseen by the Committee on Economic, Social and Cultural Rights (CESCR). The NHRIs of South Africa, Morocco and Nigeria have been selected to test the effectiveness of these institutions. The study ultimately shows that the majority of these institutions are still far off from achieving their potential.

Human Rights

The Oxford Handbook of International Law in Asia and the Pacific ◽

10.1093/law/9780198793854.003.0006 ◽

2019 ◽

pp. 123-141

Author(s):

Hurst Hannum

Keyword(s):

Human Rights ◽

Great Majority ◽

Political Rights ◽

Regional Organizations ◽

Cultural Rights ◽

The Pacific ◽

Human Rights Treaties ◽

Western Values ◽

Human Rights Norms

This chapter focuses on human rights in Asia and the Pacific. On the level of purely legal commitments, the great majority of Asian and Pacific states have ratified both of the two major UN human rights treaties, the International Covenant on Economic, Social and Cultural Rights (ICESCR) and International Covenant on Civil and Political Rights (ICCPR). Association of Southeast Asian Nations (ASEAN) is the most developed of the sub-regional organizations with respect to human rights, although that development has been fairly recent and, to date, relatively minimal. However, attempts to characterize or distinguish different approaches to human rights in Asia frequently include reference to a number of arguments put forward to justify Asian exceptionalism in this field. Perhaps the most widely asserted argument contends that ‘Asian values’ are different from the Western values that animate today’s international human rights norms.

Mind the Gap: State Capacity and the Implementation of Human Rights Treaties

International Organization ◽

10.1017/s002081831400040x ◽

2015 ◽

Vol 69 (2) ◽

pp. 405-441 ◽

Cited By ~ 43

Author(s):

Wade M. Cole

Keyword(s):

Human Rights ◽

Regression Models ◽

State Capacity ◽

One Dimension ◽

Political Rights ◽

International Human Rights ◽

Two Stage ◽

Human Rights Treaties ◽

International Human ◽

AbstractAccording to recent studies, international human rights treaties are ineffective, counterproductive, or else beneficial for only those countries that tend to respect human rights regardless of treaty membership. Analysts often attribute gaps between human rights principles and practices to willful disobedience, self-interested defection, and ineffective enforcement. Using two-stage regression models to analyze compliance with the International Covenant on Civil and Political Rights, I examine whether countries' inability (as opposed to unwillingness) to implement treaty terms is also responsible for the gap between commitment and compliance. I find that one dimension of state capacity in particular—bureaucratic efficacy—enhances levels of compliance with civil, political, and physical integrity rights provisions. These findings lend credence to an important aspect of the managerial approach—that noncompliance is often inadvertent and conditioned by a state's ability to implement treaty terms.

Giving Meaning and Effect to Human Rights

10.1093/oso/9780198825890.003.0003 ◽

2018 ◽

Author(s):

Gerald L Neuman

Keyword(s):

Human Rights ◽

Multiple Roles ◽

Political Rights ◽

International Court Of Justice ◽

Court Of Justice ◽

International Court ◽

Human Rights Treaties ◽

This chapter discusses the multiple roles played by the members of the Human Rights Committee in giving effect to the rights guaranteed by the International Covenant on Civil and Political Rights. It argues that the most important contribution the members make to the human rights project consists in their credible, professional elaboration of those rights, particularly by means of the Committee’s Views and General Comments, as emphasized by the International Court of Justice in the Diallo case. While the Committee members should be open to learning from the insights of other treaty bodies, they should resist urgings toward a simplistic harmonization. The texts and interpretations of other ‘core’ human rights treaties must be used with care in the members’ independent exercise of their own interpretive function.

14 Remedies

The Right to a Fair Trial in International Law ◽

10.1093/law/9780198808398.003.0015 ◽

2021 ◽

Author(s):

Clooney Amal ◽

Webb Philippa

Keyword(s):

Human Rights ◽

Fair Trial ◽

Decision Makers ◽

Political Rights ◽

Financial Compensation ◽

Human Rights Treaties ◽

The Right ◽

Miscarriage Of Justice

This chapter examines the right to a remedy for fair trial violations. The right to a remedy is recognised in the International Covenant on Civil and Political Rights and regional human rights treaties, many of which also recognise a specific right to compensation when there has been a miscarriage of justice. Financial compensation and declaratory relief are awarded most frequently although some international bodies also regularly award more far-reaching remedies, such as the release of the defendant, the quashing of a conviction, a reduction in the sentence, a retrial of the defendant, or reforms to legislation. This chapter compares the practice of international and regional courts and human rights bodies and comments on states’ record of compliance with such remedies. It concludes that greater attention should be paid to this issue by practitioners and decision-makers at international bodies.

Objections to Treaty Reservations

10.1093/oso/9780190697570.003.0011 ◽

2018 ◽

Author(s):

Tom Ginsburg

Keyword(s):

Human Rights ◽

International Law ◽

Empirical Analysis ◽

Political Rights ◽

Human Rights Treaties ◽

This chapter examines a particular aspect of treaty practice, namely the use of objections to reservations, as an example of the comparative international law project. The practice of objections, it argues, occurs when states have divergent interpretation of treaty requirements, but also illustrates the differential propensity of states to push their particular views of the object and purpose of treaties. The chapter first reviews the legal background on objections to reservations, and then provides a theory of which states are likely to engage in this form of bilateral activity within a multilateral scheme. It then provides descriptive and empirical analysis of objections to reservations to the International Covenant on Civil and Political Rights (ICCPR), along with some data on other prominent human rights treaties. Finally, the chapter speculates on doctrinal implications of the analysis.