Reforming the UN Human Rights Protection Procedures: A Legal Perspective on the Establishment of the Universal Periodic Review Mechanism

Author(s):  
Nadia Bernaz
2021 ◽  
pp. 341-346
Author(s):  
William A. Schabas

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.


2017 ◽  
Vol 17 (3) ◽  
pp. 421-450 ◽  
Author(s):  
Fiona McGaughey

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.


Author(s):  
A. Shurentayev ◽  
◽  
K. Kushkinbayeva ◽  

The article is a scientific analysis of the works of the great thinker A.Kunanbayev in the context of aspects of law and legality. It is stated that his work includes poems, epics, songs and translations that reflect the most pressing issues of public and political life of the Kazakh people. The article is dedicated to the fact that A.Kunanbayev focuses primarily on the problem of human rights protection in his works. The author of the article compares the Kazakh law «Erezhe», created by Tole Bi (judge) and which became a significant event in the life of the Kazakh people, and Abai’s «words of edification», finding significant points of contact, arguing that the strict principles of «Erezhe» are presented in the «words of edification» as key issues. The article defines that a clear definition of the concept of «law» is contained in the words of Abay: «The law is a set of rules and regulations that lead to justice, peace and tranquility». The article also substantiates the need for further active study of the Kazakh thinker’s works from a legal perspective in connection with the discovery of new Abai’s texts.


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