scholarly journals Unwinding Retrogression: Examining the Practice of the Committee on Economic, Social and Cultural Rights?

2019 ◽  
Author(s):  
Ben T C Warwick
Keyword(s):  
Human Rights ◽  
United Nations ◽  
The State ◽  
Human Rights Protection ◽  
Cultural Rights ◽  
Rights Protection ◽  
Significant Potential ◽  
History Of ◽  
Human Rights Standards ◽  
Conceptual Confusion

Abstract The doctrine of non-retrogression used by the United Nations Committee on Economic, Social and Cultural Rights is apt for the current moment of crisis and withdrawal from human rights standards. It addresses instances where the State is responsible for backwards steps in human rights protection. However, the doctrine has rarely been used by the Committee as it is paralysed within conceptual confusion and practical ambiguity. This article unravels those difficulties and highlights ways forward. It gives a brief history of non-retrogression and identifies what backwardness the doctrine seeks to regulate, which actions and inactions of the State it defines as culpable, how the multiple steps of the doctrine are to be proved and where the doctrine fits within the Committee’s processes of scrutiny. Overall, it is argued that the significant potential of the doctrine is constrained by its confusions and that urgent reforms are needed to ensure its use and effectiveness.

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 

Measuring Violations of Human Rights Standards

2016 ◽  
Author(s):  
Mark Gibney ◽  
Linda Cornett ◽  
Peter Haschke ◽  
Reed M. Wood ◽  
Daniel Arnon
Keyword(s):  
Human Rights ◽  
The State ◽  
International Human Rights Law ◽  
Amnesty International ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Physical Integrity ◽  
Ordinal Measure ◽  
The Individual ◽  
Human Rights Standards

Although every violation of international human rights law standards is both deplorable and illegal, one of the major advances in the social sciences has been the development of measures of comparative state practice. The oldest of these is the Political Terror Scale (PTS), which provides an ordinal measure of physical integrity violations carried out by governments or those associated with the state. Providing data from the mid-1970s to the present, the PTS scores the human rights practices of more than 190 countries on a scale of 1–5, with 1 representing “best practices” and 5 indicating gross and systematic violations. There are two different sources for these scores: U.S. State Department Country Reports on Human Rights Practices and the Amnesty International Annual Report. Although human rights have traditionally been associated only with the state, individuals can also be denied human rights protection by non-state actors. To measure this, the Societal Violence Scale (SVS) has been created to analyze three sources of physical integrity violations: the individual; corporate or criminal gang activity; and armed groups. As globalization proceeds apace, states have an increased influence on human rights protection in other countries. Unfortunately, human rights data, such as the PTS, analyze only the domestic practices of states. In an effort to better understand the full extent of a state’s human rights performance, the Extraterritorial Obligations (ETO) Report is currently being constructed. The ETO Report will provide an important analysis of state human rights performance when acting outside its own territorial borders.

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.

Derecho Internacional Humanitario, Jurisdicción Penal Militar y Responsabilidad del Estado por violación a los Derechos Humanos. Un comentario a la Sentencia de la Corte Interamericana de Derechos Humanos «Masacre de Santo Domingo vs. Colombia»

2013 ◽  
pp. 149-164
Author(s):  
Jorge Ernesto ROA ROA
Keyword(s):  
Human Rights ◽  
Structural Features ◽  
The State ◽  
Human Rights Violations ◽  
Humanitarian Law ◽  
Santo Domingo ◽  
Military Conflict ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Derechos Humanos

LABURPENA: Kasuen ikerketa-metodologia erabiliz, Santo Domingo vs. Kolonbia epaiari buruzko iruzkinean, nagusiki, inter-amerikar esparruko giza eskubideen babesari lotutako egiturazko alderdiak aipatzen dira; besteak beste, eta bereziki: nola erabiltzen duen Inter-amerikar Auzitegiak Nazioarteko Zuzenbide Humanitarioa barne-gatazka armatuetako egoeretan; zer erlazio dagoen zigor-jurisdikzio militarraren eta Indar Armatuetako kideek egindako giza eskubideen urraketen ikerketaren artean; zein diren Estatuaren erantzukizuna aitortzeko egintzetarako baldintzak, eta zer elkarreragin dagoen nazioetako eta nazioarteko instantzia judizialen artean giza eskubideen urraketen ordainaz den bezainbatean. Egokiera-arrazoiengatik, alde batera utziko da Kolonbiako Estatuak urratu zituen Amerikar Konbentzioko eskubideetako bakoitzari buruz Giza Eskubideetarako Nazioarteko Auzitegiak erabakitakoaren azterketa. RESUMEN: Mediante la aplicación de la metodología de estudio de caso, el comentario a la Sentencia Santo Domingo vs. Colombia se centra en aspectos estructurales sobre la protección de los derechos humanos en el ámbito interamericano, en especial, el uso que la Corte Interamericana hace del Derecho Internacional Humanitario en situaciones que se producen en contextos de conflictos armados internos, la relación entre la jurisdicción penal militar y la investigación de las violaciones a los derechos humanos cometidas por miembros de las Fuerzas Armadas, los requisitos de los actos de reconocimiento de la responsabilidad del Estado y la interacción entre las instancias judiciales nacionales e internacionales en materia de reparación de violaciones a los derechos humanos. Por razones de oportunidad, se prescinde del análisis del pronunciamiento de la Corte IDH sobre cada uno de los derechos de la Convención Americana que fueron violados por el Estado de Colombia. ABSTRACT: By means of the problem based learning methodology, the analysis of the judgment Santo Domingo vs. Colombia focuses on structural features of the human rights protection within the Inter-American area, specially, the use made by the Inter-American Court of International Humanitarian Law in situations within contexts of internal military conflict, the relationship between military criminal jurisdiction and the investigation of human rights violations committed by Army forces, the requirements of the acts of recognition of the State responsibility and the interaction between the national and international judicial instances regarding the redress for human rights violations. For reasons of practical expediency, we will not analyze the judgment by the Inter-American Court on each of the rights of the American Convention breached by the State of Colombia.

3. The United Nations

2019 ◽  
pp. 29-55
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Vulnerable Groups ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The United Nations ◽  
Nuremberg Trials ◽  
Early Influences

This chapter examines the work of the United Nations (UN) in the area of human rights. It discusses the evolution of human rights under the auspices of the UN as well as some of the early influences on human rights. The influence of the Nuremberg trials, the abolition of slavery, and the protection of vulnerable groups on the development of human rights protection law is discussed. Relevant institutions and bodies working under the auspices of the United Nations are discussed. The chapter also explains the functions and responsibilities of these bodies, and highlights the financial and personnel constraints that negatively affect the performance of their duties.

25. International Human Rights Law

2018 ◽  
Author(s):  
Nigel Rodley
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Political Factors ◽  
International Protection ◽  
Human Rights Protection ◽  
Cultural Rights ◽  
Rights Protection ◽  
Human Rights Treaties ◽  
Protection Of Human Rights

This chapter considers the background to, and current developments concerning the manner in which international law has engaged with the protection of human rights, including both civil and political rights and economic, social, and cultural rights. It looks at historical, philosophical, and political factors which have shaped our understanding of human rights and the current systems of international protection. It focuses on the systems of protection developed by and through the United Nations through the ‘International Bill of Rights’, including the Universal Declaration of Human Rights, the UN human rights treaties and treaty bodies, and the UN Special Procedures as well as the work of the Human Rights Council. It also looks at the systems of regional human rights protection which have been established.

scholarly journals PERLINDUNGAN HUKUM ATAS HAK POLITIK PEREMPUAN OLEH NEGARA

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
Yosefina Daku
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
The Political ◽  
Political Rights ◽  
Political Field ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Law

As the law states, Indonesia  provide the protection of the rights for of all people without the discrimination. By the basis of the mandate of the Preamble to the Constitution of 1945 that "a just and civilized humanity," the Indonesian state guarantees of a society that is fair. Political rights granted by the country with regard to discrimination is legal protection by the state against women's political rights. By participating in the convention and recognized in the form of Law Number 7 Year of 1984 on Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women, an attempt by the state to remove the problems in realizing the equality of women and men. Therefore  the  problem  that  can  formulated are: 1) how the legal protection of women's political rights in Indonesia? 2) how the implementation of Law Number 7 Year of 1984 on Ratification of the Convention on the Eliminationof All Forms of Discrimination Against Women Related Political Rights of Women?. The purpose of this study was to examine the legal protection by the state against the ful fillment of women's political rights in Indonesia and the implementation of protection of women's political rights pursuant of Law Number7 Year of 1984. This research is a normative law. The technique used in this research is to use the concept approach and statutory approach to reviewing the legislations and legal literatures. Rights protection as a form of justice for each person more specifically regulated in Law about Human Rights. Protection of the rights granted to women by the state including the protection of the political field regulated in some provisions of other legislation. By removing discrimination against women in it’s implementation still look at the culture and customs which is certainly not easy to do and the state is obliged to realize the objectives of the convention

The Protection of Mothers in British and German Constitutional Law: A Comparative Analysis and a Contribution to the Implementation of the European Convention on Human Rights in the Domestic Legal Area

2008 ◽  
Vol 9 (1) ◽  
pp. 27-57
Author(s):  
Diana Zacharias
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Human Rights Protection ◽  
Cultural Rights ◽  
Rights Protection ◽  
Regional Systems ◽  
Before And After ◽  
Social Security Benefits ◽  
German Constitutional Law ◽  
Special Protection

The universal and regional systems of human rights protection recognize that mothers find themselves in situations which require special protection. For instance, Article 10 para. 2 of the International Covenant on Economic, Social and Cultural Rights stipulates that special protection should be accorded to mothers during a reasonable period before and after childbirth and that during such period working mothers should be accorded paid leave or leave with adequate social security benefits.

scholarly journals State Capture through Corruption: Can Human Rights Help?

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 331-335
Author(s):  
Jimena Reyes
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
United Nations ◽  
Human Rights Violations ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Regional Systems ◽  
State Capture ◽  
The United Nations ◽  
Negative Impacts

Until recently, the United Nations and regional systems of human rights protection had shown considerable reluctance to address human rights violations resulting from corruption. Instead, these actors would underline the negative impacts of corruption on human rights without identifying corruption itself as a violation of human rights. Since 2017, however, this has begun to shift. The UN, regional human rights institutions, and civil society have begun to devise concrete ways for human rights institutions and instruments to better contribute to the fight against corruption. The Inter-American Court of Human Rights (“the Court”), in particular, has taken preliminary steps to establish a legal link between corruption and human rights violations.

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