scholarly journals Exploring the Theory and Practice of the Relationship between International Human Rights Law and Domestic Actors

2009 ◽  
Vol 22 (1) ◽  
pp. 177-190
Author(s):  
FRANS VILJOEN
Keyword(s):  
Human Rights ◽  
Theory And Practice ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
National Human ◽  
Rights Discourse ◽  
The One ◽  
National Human Rights Institutions ◽  
Human Rights Discourse ◽  
The Relationship

In recent times the human rights discourse has become increasingly concerned with the relationship between domestic and international (UN and regional) human rights law. In 2007, two significant additions to this body of scholarship appeared. Although the authors of these texts are based in Canada and the United Kingdom respectively, their contributions explore the domestic–international relationship from a particularly African angle. While both works are concerned with the national arena (local activist forces and national human rights institutions respectively), the one investigates the domestic impact of international law and institutions, while the other explores the increased international impact of a particular domestic institution.

scholarly journals “Droit européen“ à la liberté religieuse et paradigmes des relations État- religions dans l’Europe contemporaine: une cacophonie épineuse

2021 ◽  
Author(s):  
Alessandro Ferrari
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
The Other ◽  
Multilevel System ◽  
Rights Protection ◽  
National Models ◽  
Rights Discourse ◽  
The One ◽  
Human Rights Discourse ◽  
The Relationship

SOMMAIRE: 1. Introduction: paradigmes de relations et droit à la liberté religieuse, de l’identité à la tension - 2. Des paradigmes des relations État-Églises au droit à la liberté religieuse - 3. La force attractive des paradigmes dans le scénario européen contemporain - 4. Les paradigmes des relations État-Églises dans la nouvelle arène internationale - 5. Conclusion: une citoyenneté inachevée. The “European Right” to Religious Freedom and Paradigms of State-Religion Relations in Contemporary Europe: a thorny cacophony ABSTRACT: The article examines the dialectic between European national models of religious freedom and the paradigm of religious freedom shaped in the international order and in particular by the human rights discourse. The analysis of the relationship between the modern - national-centered - and the contemporary - individual-centered - paradigm of religious freedom reveals, on the one hand, the difficult but inevitable osmosis between legal systems in a multilevel system of rights protection and, on the other hand, the deep transformation of religious freedom in contemporary Europe.

From gatekeepers to GONGOs

2018 ◽  
Vol 36 (2) ◽  
pp. 111-132 ◽  
Author(s):  
Fiona McGaughey
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Legal Analysis ◽  
Human Rights Law ◽  
International Human Rights ◽  
Key Stakeholders ◽  
National Human ◽  
Heterogeneous Nature ◽  
National Human Rights Institutions

Despite growing awareness of the importance of the role of Non-Governmental Organisations (NGOs) in monitoring international human rights law, there is as yet little analysis of the heterogeneous nature of NGOs and of the relationships between NGOs engaging with the United Nations (UN). This socio-legal analysis was drawn from 26 interviews with key stakeholders across the UN, Governments and NGOs. The article analyses, problematises and maps the NGO role, presenting a taxonomy with six categories of NGOs engaging with UN human rights bodies - international facilitative, gatekeeper, imperialist, domestic self-sufficient, domestic dependent and Governmental Non-governmental Organisations (GONGOs). It also considers the role of National Human Rights Institutions in engaging with the UN, vis-à-vis the NGO role. A preferred NGO model of engagement according to those in the UN receiving NGO reports is presented. The article concludes that NGOs play a pragmatic role in addressing limitations of the UN human rights system, and a normative role in contributing to global democratisation and governance.

Monitoring: The Role of Independent Mechanisms

2021 ◽  
pp. 174-187
Author(s):  
Gauthier de Beco
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
System P ◽  
National Human ◽  
Set Up ◽  
National Human Rights Institutions ◽  
Paris Principles

This chapter concerns the role of independent mechanisms. It explains what national human rights institutions (NHRIs) are as well as the fundamental principles that should guide these institutions as set out in the Paris Principles. It then examines the requirement to set up a ‘framework including one or more independent mechanism’ in accordance with the CRPD as well as the way in which such mechanisms relate to the said Principles and all the possibilities open to States Parties regarding this framework. It finishes by exploring what the reference to the Paris Principles has come to mean for NHRIs and what the Convention reveals in the field of international human rights law through its elaborate monitoring system.

The Bible and Human Rights from a Feminist Perspective

2020 ◽  
pp. 20-36
Author(s):  
Carole R. Fontaine
Keyword(s):  
Human Rights ◽  
Ethical Issues ◽  
Feminist Critique ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Cultural Rights ◽  
The Bible ◽  
Rights Discourse ◽  
The Right ◽  
Human Rights Discourse

This essay explores the socially restrictive traditions that cause scriptural groups to reject the idea of universal rights and equal access to economic, social and cultural rights. This hermeneutical situation is difficult to tolerate, as our multicultural planet is seeking survival. Ethical issues and the principles of a culture’s morality are often partly religious in nature. The UNDUHR recognizes the right to believe and to promote one’s own beliefs, and it considers these particular rights as being part of a cultural “right to affiliate.” Nevertheless, international human rights law has not successfully promoted full human rights in countries of “Religions of the Book.” The essay thus suggests that appeals to the Bible grounded in human rights must be woven into contextual exegetical work, human rights discourse, and feminist critique. Even so, for women, foreigners, and “Others,” the Bible will remain a serious obstacle for enjoying full economic, social, and cultural rights.

Examining the Utility of Third World Approaches to International Law for International Human Rights Law

2008 ◽  
Vol 10 (4) ◽  
pp. 379-387
Author(s):  
Opeoluwa Adetoro Badaru
Keyword(s):  
Human Rights ◽  
International Law ◽  
Third World ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Rights Discourse ◽  
Human Rights Discourse

AbstractWith the gradual emergence of Third World Approaches to International Law (TWAIL), there arises a necessity to examine its utility as an academic endeavour, particularly within the context of international human rights law. Questions need to be asked as to what benefits – if any – the adoption of TWAIL (either as a method of inquiry or as a subject of inquiry) offers researchers in the field of human rights law. In the same vein, the time is also ripe for scholars to engage with the important question of whether there are some shortcomings that TWAIL needs to address in order for it to be of more benefit to the human rights discourse.

Transforming Human Rights through Decolonial Lens

2020 ◽  
pp. 276-303
Author(s):  
Davinia Gómez Sánchez
Keyword(s):  
Human Rights ◽  
Historical Context ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Empire Building ◽  
Decolonial Theory ◽  
Ideological Background ◽  
Rights Discourse ◽  
Human Rights Discourse

This article problematizes the Human Rights conceptualization embodied in the International Human Rights Law corpus. It considers human rights as a Western construct rooted in a particular historical context, located in a specific ideological background and grounded in a concrete socio-cognitive system. Thus, in disregard of features of non-dominant cultures, the mainstream human rights grammar became a discourse of empire. Building on TWAIL and decolonial theory, this article challenges that hegemonic human rights discourse while providing a justification for incorporating other conceptualizations of rights through an inter-epistemic conversation with alternative world-views.

Making Human Rights a Reality

2013 ◽  
Author(s):  
Emilie M. Hafner-Burton
Keyword(s):  
Human Rights ◽  
International Law ◽  
World Population ◽  
International Human Rights Law ◽  
Legal Norms ◽  
Human Rights Protection ◽  
National Human ◽  
The World ◽  
Protection Of Human Rights ◽  
National Human Rights Institutions

In the last six decades, one of the most striking developments in international law is the emergence of a massive body of legal norms and procedures aimed at protecting human rights. In many countries, though, there is little relationship between international law and the actual protection of human rights on the ground. This book takes a fresh look at why it's been so hard for international law to have much impact in parts of the world where human rights are most at risk. The book argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights “stewards” can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions. To date, promoters of international human rights law have relied too heavily on setting universal goals and procedures and not enough on assessing what actually works and setting priorities. This book illustrates how, with a different strategy, human rights stewards can make international law more effective and also safeguard human rights for more of the world population.

scholarly journals Monitoring mechanisms designed to serve persons with intellectual disabilities: exploring the implementation of Article 16 CRPD in Cyprus

2018 ◽  
Vol 15 (1) ◽  
pp. 33-50 ◽  
Author(s):  
Emily Julia Kakoullis
Keyword(s):  
Human Rights ◽  
Intellectual Disabilities ◽  
Persons With Disabilities ◽  
Legal Provisions ◽  
National Human ◽  
Adults With Intellectual Disabilities ◽  
National Human Rights Institutions ◽  
Relationship Of ◽  
Forms Of Violence ◽  
The Relationship

AbstractIn its concluding observations for Cyprus, the UN Convention on the Rights of Persons with Disabilities (CRPD) Committee stated that it ‘is concerned about the insufficiency of legal provisions and accessible mechanisms to detect, report, prevent and combat all forms of violence’.1This paper focuses on the independent monitoring obligation Article 16(3) CRPD places on states parties, and discusses the implications of the insufficient implementation of Article 16(3) as it affects adults with intellectual disabilities in Cyprus. It examines the existing monitoring frameworks, explains why they do not meet with Article 16(3) CRPD requirements and explores the relationship of the national human rights institutions (NHRIs) with Article 16(3). This paper enables understanding as to how, despite pre-existing monitoring frameworks in place, no independent monitoring action has been taken since the ratification of the CRPD. It argues that there is an immediate need for measures to achieve the implementation of Article 16(3) and makes recommendations for Cyprus and other states parties.

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