Implementing Decisions of International Human Rights Institutions – Evidence from the United Nations Human Rights Committee

2019 ◽  
Vol 30 (3) ◽  
pp. 753-777
Author(s):  
Vera Shikhelman
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
The State ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
International Human ◽  
The United Nations ◽  
Internal Capacity

Abstract In recent years, there has been an increasing amount of research about the implementation of international law. However, there has been almost no empirical research about implementing decisions of international human rights institutions. The decisions of those institutions are usually regarded as soft law, and states do not have a clear legal obligation to implement them. In this article, I bring original empirical data about how and when states implement decisions of the United Nations Human Rights Committee (HRC) in individual communications. I hypothesize that the following factors influence the readiness of states to implement the views of the HRC: (i) the level of democracy and human rights protection in the state; (ii) internal capacity; (iii) strength of civil society; (iv) type of remedy; (v) representation on the HRC; (6) subject matter of the communication. I find that the most important factor for implementing remedies granted by the Committee is the high human rights score of the state. The internal capacity of the state is also significant but to a lesser extent than found in previous studies. Also, I find a certain connection between the state being represented on the HRC and its willingness to implement the remedies.

scholarly journals Ethiopia before the United Nations Treaty Monitoring Bodies

Afrika Focus ◽  
2007 ◽  
Vol 20 (1-2) ◽  
Author(s):  
Eva Brems
Keyword(s):  
Human Rights ◽  
United Nations ◽  
The State ◽  
International Human Rights ◽  
International Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Rights Of The Child ◽  
International Human ◽  
The United Nations

Among the many human rights conventions adopted by the UN, seven are known — together with their additional protocols — as the core international human rights instruments: - The International Convention on the Elimination of All Forms of Racial Discrimination;- The International Covenant on Civil and Political Rights;- The International Covenant on Economic, Social and Cultural Rights; - The Convention on the Elimination of all Forms of Discrimination against Women;- The Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; - The Convention on the Rights of the Child; - The International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families. The main international control mechanism under these conventions is what may be considered the standard mechanism in international human rights protection: state reporting before an international committee. An initial report is due usually one year after joining the treaty and afterwards, reports are due periodically (every four or five years). The international committees examine the reports submitted by the state parties. In the course of this examination they include information from other sources, such as the press, other United Nations materials or NGO information. They also hold a meeting with representatives of the state submitting the report. At the end of this process the committee issues 'concluding observations' or 'concluding comments'. This paper focuses on the experience of one state — Ethiopia - with the seven core human rights treaties. This should allow the reader to gain insights both into the human rights situation in Ethiopia and in the functioning of the United Nations human rights protection system.Key Words: United Nations, Human Rights Conventions, State Reporting, Human Rights Situation in Ethiopia 

scholarly journals Ethiopia Before The United Nations Treaty Monitoring Bodies

Afrika Focus ◽  
2007 ◽  
Vol 20 (1-2) ◽  
pp. 49-74
Author(s):  
Eva Brems
Keyword(s):  
Human Rights ◽  
United Nations ◽  
The State ◽  
International Human Rights ◽  
International Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Treaty Monitoring ◽  
International Human ◽  
The United Nations

Ethiopia before the United Nations Treaty Monitoring Bodies Among the many human rights conventions adopted by the UN, seven are known – together with their additional protocols – as the core international human rights instruments: ‒ The International Convention on the Elimination of All Forms of Racial Discrimination; ‒ The International Covenant on Civil and Political Rights; ‒ The International Covenant on Economic, Social and Cultural Rights; ‒ The Convention on the Elimination of all Forms of Discrimination against Women; ‒ The Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; ‒ The Convention on the Rights of the Child; ‒ The International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families. The main international control mechanism under these conventions is what may be considered the standard mechanism in international human rights protection: state reporting before an international committee. An initial report is due usually one year after joining the treaty and afterwards, reports are due periodically (every four or five years). The international committees examine the reports submitted by the state parties. In the course of this examination they include information from other sources, such as the press, other United Nations materials or NGO information. They also hold a meeting with representatives of the state submitting the report. At the end of this process the committee issues 'concluding observations' or 'concluding comments'. This paper focuses on the experience of one state – Ethiopia – with the seven core human rights treaties. This should allow the reader to gain insights both into the human rights situation in Ethiopia and in the functioning of the United Nations human rights protection system.

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

2010 ◽  
Vol 1 (2) ◽  
pp. 117-135
Author(s):  
Bożena Drzewicka
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
The West ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The World ◽  
International Human

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.

scholarly journals Refugee Protection as Human Rights Protection: International Principles and Practice in India

Refuge ◽  
1997 ◽  
pp. 39-44
Author(s):  
Brian Gorlick ◽  
Sumbul Rimi Khan
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Legal Protection ◽  
International Human Rights Law ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Refugee Protection ◽  
National Human ◽  
International Human ◽  
The United Nations

This article focuses on the relationship between international human rights standards and refugee protection. The foundational status of the Universal Declaration of Human Rights and other human rights treaties are surveyed in light of India's international legal obligations. The authors argue that international human rights law and practice have had a significant impact on the protection activities of the Ofice of the United Nations High Commissioner for Refugees (UNHCR) both in countries of asylum, countries of origin and in relation to the United Nations and other human rights actors. In this context, courts and national human rights institutions are important players in safeguarding the rights of refugees. As none of the countries of South Asia is party to the international refugee instruments nor have any of them adopted a national refugee law or procedure, the activities of the Indian National Human Rights Commission stand out as a positive example of national institution expanding the legal protection of refugees in the region.

The Idea of International Human Rights Law

2019 ◽  
pp. 189-204
Author(s):  
Steven Wheatley
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Legal Practice ◽  
International Human Rights ◽  
Moral Concept ◽  
International Human ◽  
The United Nations

Chapter 7 summarizes and clarifies the argument in the book, explaining the distinctive nature of International Human Rights Law. It reminds us that states invented human rights in 1945 with the inauguration of the United Nations Charter. They explained the meaning of the term ‘human rights’ three years later with the adoption of the Universal Declaration of Human Rights, although the concept evolved in a radically different direction than originally expected as states responded to events in apartheid southern Africa. The central insight of this final chapter is that the moral concept of human rights, which emerges from the legal practice, then influences the legal practice. We see this with the introduction, without debate, of the system of Universal Periodic Review, in the pro homine approach to the interpretation of human rights treaties, and in the modern methodology for customary international law formation, which looks first to the communication acts of the United Nations General Assembly. The book concludes by showing how the influence of the idea of human rights on the legal practices can explain the fragmentation of international law and, relatedly, the special nature of International Human Rights Law.

scholarly journals The United Nations Security Council Sanctions and International Human Rights

ICL Journal ◽  
2016 ◽  
Vol 10 (3) ◽  
Author(s):  
Irène Couzigou
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Security Council ◽  
United Nations Security Council ◽  
International Human Rights ◽  
International Human ◽  
The United Nations ◽  
Human Rights Standards ◽  
United Nations Charter

AbstractThis article assesses whether the United Nations Security Council must respect human rights under international law when acting under Chapter VII of the United Nations Charter. It argues that the Security Council has to respect human rights enshrined in those human rights treaties drawn up under the United Nations’ auspices and in non-peremptory customary international law, when this is not incompatible with the Security Council’s objective of maintaining or restoring international peace and security. The analysis also argues however that the Security Council must comply with peremptory international human rights, with no exception. The paper concludes that Chapter VII action by the Security Council is limited only to a small extent by international human rights standards.

Human rights and positive obligations of the state

2021 ◽  
Vol 28 (3) ◽  
pp. 27-35
Author(s):  
Vitaliy B. Kovalchuk ◽  
Iryna M. Zharovska ◽  
Bohdan I. Gutiv ◽  
Bogdana B. Melnychenko ◽  
Iryna O. Panchuk
Keyword(s):  
Human Rights ◽  
The State ◽  
International Treaties ◽  
International Human Rights ◽  
Scientific Methods ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
General Scientific ◽  
International Human

At present, both the international and the regional levels of human rights protection lack an express definition of the positive obligation of states to protect human rights. Similarly, the doctrine lacks a unified opinion regarding this concept. For quite a long time, human rights were considered as such that give rise to so-called negative obligations of states to refrain from human rights violations. However, with the development of international human rights law, it is increasingly recognised that human rights also give rise to positive obligations of the state to take active measures to ensure these rights. Such obligations usually derive from international human rights treaties or from the interpretation of international judicial bodies that monitor the implementation of corresponding international treaties. Therefore, it is crucial for the doctrine and practice of international law in the field of human rights protection to analyse the positive obligations of the state, which are consolidated in international treaties and the practice of international judicial bodies. The purpose of this study is to analyse human rights and positive obligations of the state in the context of regional mechanisms for the protection of human rights. Among the general scientific methods, the study used the analysis and synthesis, as well as deduction, induction, prediction, modeling, analogy and other general scientific methods. A thorough study of the positive obligations of the state would be impossible even without the use of special methods of study and cognition, which include comparative legal, historical and legal, technical, and structural-functional methods. In particular, one of the leading research methods was the comparative legal method, which was used to study the practice of regional mechanisms for the protection of human rights. The study provides an overview of the modern interpretation of positive obligations of states. Specifically, this study focuses on the practice of the European, Inter-American and African Human Rights Courts in the context of applying the state's positive obligations

Universal declaration of human rights as a source of universal international legal standards of human rights

2020 ◽  
pp. 36-42
Author(s):  
Uliana Kuzenko
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Universal Declaration ◽  
Human Being ◽  
Legal Basis ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Standards ◽  
International Human

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.

The Fallacy of Effective Human Rights Protection under Relevant Treaty Law when Armed Groups Commit Violations

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Armed Groups ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Treaties ◽  
International Human

Chapter 5 adds to the contemporary discourse on human rights obligations of non-state armed groups by showing that in many situations, there is a clear legal need for these obligations. This chapter first engages in the debate on whether and to what extent certain human rights treaties address armed groups directly. Second, it shows that under the law of state responsibility, states are generally not responsible for human rights violations committed by non-state entities. Third, it recalls that under international human rights law, states have an obligation to protect human rights against violations committed by armed groups. However, it argues that because this cannot be a strict obligation but is one that depends on states’ capacities and the particular circumstances, often this framework cannot adequately protect individuals against human rights violations by armed groups. The result is a legal and practical need for human rights obligations of non-state armed groups.

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