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

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.

2017 ◽  
Vol 10 (5) ◽  
pp. 310-322
Author(s):  
Gayatri Patel

Purpose In 2006, the United Nations’ Human Rights Council was tasked to establish a new human rights monitoring mechanism: the universal periodic review process. The purpose of this paper is to examine the nature of discussions held in the process, over the two cycles of review in relation to women’s rights to access health care services. Design/methodology/approach This investigation is a documentary analysis of the reports of 193 United Nations’ state reports, over two cycles of review. Findings The primary findings of this investigation reveal that despite an apparent consensus on the issue, a deeper analysis of the discussions suggests that the dialogue between states is superficial in nature, with limited commitments made by states under review in furthering the protection of women’s right to access health care services in the domestic context. Practical implications Considering the optimism surrounding the UPR process, the findings reveal that the nature of discussions held on women’s rights to health care services is at best a missed opportunity to make a significant impact to initiate, and inform, changes to practices on the issue in the domestic context; and at worst, raises doubts as to whether the core aim of the process, to improve the protection and promotion of all human rights on the ground, is being fulfilled. Originality/value Deviating from the solely technocratic analysis of the review process in the existing literature, this investigation has considered the UPR process as a phenomenon of exploration in itself, and will provide a unique insight as to how this innovative monitoring mechanism operates in practice, with a particular focus on women’s right to access health care services.


2020 ◽  
Vol 8 (3) ◽  
pp. 525-543
Author(s):  
Tomaz Espósito Neto ◽  
Bruna Leticia Marinho Pereira

A Revisão Periódica Universal (RPU) das Nações Unidas é o principal mecanismo de monitoramento de direitos humanos criado pelo Conselho de Direitos Humanos, assim todos os Estados membros da ONU possuem suas situações de direitos humanos revisadas periodicamente. Neste sentido, esta pesquisa possuí o objetivo de analisar a atuação dos Estados membros da União Europeia, como países revisados, nos dois primeiros ciclos do mecanismo da RPU no âmbito das migrações. Este trabalho visa a responder, de forma exploratória e descritiva, à seguinte pergunta: como se deu a atuação dos Estados membros da União Europeia nos dois primeiros ciclos do mecanismo da Revisão Periódica Universal no âmbito das migrações? Para isso, este artigo centra-se em um balanço documental sobre o desempenho dos países membros da União Europeia no mecanismo de revisão, identificando quais foram as principais recomendações recebidas pelos governos e compreender as intermediações a respeito da posição dos Estados perante a aceitação ou não das recomendações.     Abstract: The Universal Periodic Review (UPR) of the United Nations is the main human rights monitoring mechanism created by the Human Rights Council, so all UN member states have their human rights situations reviewed periodically. In this sense, this research aimed to analyze the performance of the member states of the European Union, as revised countries, in the first two cycles of the UPR mechanism in the field of migration. This paper aims to answer, in an exploratory and descriptive way, the following question: How did the European Union Member States act in the first two cycles of the Universal Periodic Review mechanism in the field of migration? To this end, this article focuses on a documentary review of the performance of the EU member countries in the review mechanism, identifying what were the main recommendations received by governments and understanding the intermediaries regarding the position of states regarding acceptance or not of the recommendations. Key-words: Human Rights; Migrations; United Nations; Universal Periodic Review; European Union.       Recebido em: setembro/2018. Aprovado em: novembro/2019.


Author(s):  
Kothari Miloon

This article examines the evolution of the United Nations� (UN) human rights agency from the UN Commission on Human Rights (UNCHR) into the UN Human Rights Council (UNHRC). It explains that UNHRC was created in March 2006 to replace the UNCHR and become the world�s premier human rights body. It evaluates the effectiveness of the UNHRC�s peer-review human rights mechanism called the Universal Periodic Review. This article also offers some suggestions on how to improve the performance of the UNHRC including changes in size and distribution of membership, membership criteria, voting patterns and participation of non-state actors.


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.


Author(s):  
Andrew Clapham

How are human rights put into practice? What does it mean when governments announce that their foreign policy is concerned with promoting and protecting human rights? Where is the enforcement of these rights? ‘Human rights foreign policy and the role of the United Nations’ considers human rights in terms of foreign policy and international law and examines the UN’s Universal Periodic Review process and the Office of the High Commissioner for Human Rights. It is only recently that governments have actively involved themselves in how another state treats its nationals, but enthusiasm for human rights in foreign policy ebbs and flows.


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