The “broadening” of international human rights: the cases of the right to development and right to democracy

2017 ◽  
Vol 54 (2) ◽  
pp. 238-254 ◽  
Author(s):  
Alexandru Grigorescu ◽  
Emily Komp
2008 ◽  
Vol 1 (1) ◽  
Author(s):  
Bhupinder Chimni

The Sen conception of `development as freedom' represents a departure from previous approaches to development that focused merely on growth rates or technological progress. Sen however fails to adequately address the social constraints that inhibit the realization of the goal of `development as freedom.' There is an interesting parallel here with developments in contemporary international law. While contemporary international law incorporates the idea of `development as freedom' in international human rights instruments, in particular the Declaration on the Right to Development, mainstream international law scholarship has like Sen failed to indicate the constraints in the international system that prevent its attainment. Since Sen is today among the foremost thinkers on the idea of development reviewing the parallels between his conception of development and mainstream international law scholarship is helpful as it offers insights into the limits of both.


Author(s):  
Florian Hoffmann ◽  
Bethania Assy

The human rights story during the decolonization era covers a range of (critical) legal perspectives. This chapter examines the role the incipient discourse and (international) institutional framework of human rights supposedly played in decolonization. It begins with the acceptance of the Universal Declaration of Human Rights by the still-colonized militants of decolonization and their use of (human) rights language to articulate core demands of self-government, self-determination, and (racial) equality. In particular, it examines the UN, where colonizing powers faced adverse international public opinion and led, first, to their withdrawal, followed by the gradual identity formation of the third world. It discusses the Bandung and Teheran conferences, the Non-Aligned Movement and the Pan-African Movement, and the right to non-discrimination and the right to development. It aims to show the positive impact human rights have had on the decolonization process, decolonization, and the international human rights system.


2021 ◽  
Vol 22 (2) ◽  
pp. 255-286
Author(s):  
Ignatius Yordan Nugraha

Abstract The goal of this article is to explore the clash between international human rights law and a legal pluralist framework in the case of the noken system and also to investigate potential solutions to the clash. Elections in Indonesia are generally founded on the principle of direct, universal, free, secret, honest and fair voting. There is a notable exception in the Province of Papua, where tribes in the Central Mountains area are following the noken system. Under this system, votes are allocated to the candidate(s) based on the decision of the big man or the consensus of the tribe. The Indonesian Constitutional Court has accepted this practice as reflecting the customs of the local population. However, this form of voting seems to be contrary to the right to vote under international human rights law, since article 25(b) of the International Covenant on Civil and Political Rights stipulates that elections shall be held genuinely by universal suffrage and secret ballot to guarantee the free will of the electors. Consequently, the case of the noken system in Papua reflects an uneasy clash between a legal pluralist approach and universal human rights.


Sign in / Sign up

Export Citation Format

Share Document