scholarly journals Theoretical challenges to understanding the potential impact of the Universal Periodic Review Mechanism: Revisiting theoretical approaches to state human rights compliance

2019 ◽  
Vol 18 (1) ◽  
pp. 36-56 ◽  
Author(s):  
Damian Etone
Keyword(s):  
Human Rights ◽  
Periodic Review ◽  
Theoretical Approaches ◽  
Universal Periodic Review ◽  
Review Mechanism ◽  
Potential Impact

Conclusion

2021 ◽  
pp. 341-346
Author(s):  
William A. Schabas
Keyword(s):  
Human Rights ◽  
Customary Law ◽  
Periodic Review ◽  
Customary International Law ◽  
Universal Periodic Review ◽  
Human Rights Treaties ◽  
Treaty Law ◽  
Recent Developments ◽  
Review Mechanism ◽  
The Right

Custom poses challenges for its identification but at the same time it offers a potential for dynamism that may often be superior to that of treaty law. Recent developments, most importantly the near-universal ratification of major human rights treaties and the Universal Periodic Review mechanism of the Human Rights Council, greatly facilitate the identification of customary law. It is clear that most of the rights in the Universal Declaration of Human Rights are unquestionably part of customary international law. Doubts may persist about a few rights, such as the right to property. Customary law also extends to ‘solidarity rights’ or ‘peoples’ rights’, whose reflection in treaty law is not so universal. Recognition of rights does not ensure that there are effective mechanisms for their enforcement and implementation.

The Role and Influence of Non-governmental Organisations in the Universal Periodic Review—International Context and Australian Case Study

2017 ◽  
Vol 17 (3) ◽  
pp. 421-450 ◽  
Author(s):  
Fiona McGaughey
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Periodic Review ◽  
International Context ◽  
Universal Periodic Review ◽  
Monitoring Mechanism ◽  
Australian Case ◽  
Review Mechanism ◽  
United Nation

Abstract Non-governmental organisations (NGOs) play an important, albeit limited, role in the United Nations most recent human rights monitoring mechanism, the Universal Periodic Review (UPR). Drawing on empirical data from an Australian case study and interviews with international stakeholders, the study explores the NGO role and influence in this state-centric, peer review mechanism. Case study findings indicate that recommendations made by NGOs, in particular a coalition of domestic NGOs, correlate closely with many UPR recommendations but that United Nations sources are more influential. This suggests that other United Nation human rights mechanisms complement the UPR, so that NGOs should continue to engage with both these and the UPR.

scholarly journals Nigeria's Engagement with the Human Rights Council's Universal Periodic Review: Potential for Acculturation or Risk of Regression?

2020 ◽  
Vol 28 (2) ◽  
pp. 267-297
Author(s):  
Damian Etone
Keyword(s):  
Human Rights ◽  
Periodic Review ◽  
The Third ◽  
Universal Periodic Review ◽  
Review Mechanism ◽  
The Impact

This article examines the effectiveness of Nigeria's engagement with the Human Rights Council's Universal Periodic Review Mechanism (UPR). Now into the third cycle of the UPR, questions on the impact of the UPR process on the ground are gaining increasing attention and there is now a growing focus on state implementation of UPR recommendations. This article analyses the extent of Nigeria's engagement with the UPR mechanism with a focus on UPR I and II. It considers the potential for acculturation and the extent to which the government's fight against terrorism has affected its engagement with the UPR mechanism.

Comparing Peer Reviews: The Universal Periodic Review of the UN Human Rights Council and the African Peer Review Mechanism

2013 ◽  
Vol 12 (3) ◽  
pp. 266-289 ◽  
Author(s):  
Edward R. McMahon ◽  
Kojo Busia ◽  
Marta Ascherio
Keyword(s):  
Human Rights ◽  
Peer Review ◽  
Evolutionary Process ◽  
Periodic Review ◽  
Peer Reviews ◽  
Universal Periodic Review ◽  
Human Rights Council ◽  
State Governance ◽  
Review Mechanism ◽  
Consensus Decision Making

Abstract The Universal Periodic Review Mechanism (UPR) of the UN Human Rights Council and the African Peer Review Mechanism (APRM) reflect a growing trend in international organizations to utilize peer review processes to assess and improve member state governance and human rights performance. The two mechanisms are distinct in many ways. For example, the APRM undertakes a more in-depth and rigorous examination of a broader range of issues. Both review mechanisms, however, also have similarities e.g. they emphasize follow-up and actions to be taken as a result of the reviews and are products of a consensus decision-making process based on voluntary engagement. They represent an evolutionary process by which international norms can be integrated in a national context.

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