2 The Agenda (1946)

Author(s):  
Pace John P

This chapter examines the issues that the Commission on Human Rights took up in the decades following the drafting of the International Bill of Human Rights. The work of the Commission reflected international, political and social developments, largely propelled by a vital civil society. Thus, the period of decolonization brought the first issues to the agenda of the Commission, as did the Cold War and the emergence of the Non-aligned Movement between the 1950s and the mid-1970s, with the focus on racism and self-determination. This influenced the character of the Commission from that of a largely technical drafting body to a forum where situations were taken up. The Commission’s agenda thus widened in scope and with it, the challenges that are considered in these chapters. The challenges that emerged for the Commission related to the appreciation by states of their human rights obligations at the domestic level as a result of their becoming parties to international human rights law; and the realization of economic, social and cultural rights as an integral component of international human rights law, consistent with the Charter of the United Nations. These two challenges were to dominate the further evolution of the Great Enterprise for the rest of the existence of the Commission and that of the Human Rights Council after 2006.

Author(s):  
Freedman Rosa

This chapter focuses on the Human Rights Council. As the principal UN human rights body, the Council is arguably the lynchpin of the UN human rights machinery, bringing together states, independent experts, UN staff, and civil society actors, as well as reporting to the full UN membership via the General Assembly. The Human Rights Council is also quite a unique body, combining the most intensely political elements, a high degree of reliance on expertise, and in situ human rights investigations in order to fulfil its duties to protect, to promote, and to develop international human rights law. Many of the criticisms of the Council fail to take into account the ways in which it is hampered by its mandate, powers, and mechanisms. The chapter then considers the Council’s creation, its mandate and functions, and details the body’s strengths and weaknesses.


Author(s):  
Julie Ringelheim

This chapter examines the sources of cultural rights in international human rights law, describes their evolution, and highlights the major debates regarding their interpretation. Specifically, it discusses the content and meaning of the right to take part in cultural life, the right to enjoy the benefits of scientific progress and its applications, and the rights of authors and inventors to the protection of their moral and material interests.


2020 ◽  
Vol 11 (2) ◽  
pp. 249-269
Author(s):  
Sarah Joseph

Abstract States have duties under Article 12(2)(c) of the International Covenant on Economic, Social and Cultural Rights and Article 6 of the International Covenant on Civil and Political Rights to prevent, control and treat covid-19. Implementation of these three obligations is analysed, taking account of countervailing human rights considerations. Regarding prevention, lockdowns designed to stop the spread of the virus are examined. Control measures are then discussed, namely transparency measures, quarantine, testing and tracing. The human rights compatibility of treatment measures, namely the provision of adequate medical and hospital care (or the failure to do so), are then examined. Finally, derogations from human rights treaties in times of pubic emergency are discussed.


Author(s):  
Emilie M. Hafner-Burton

This chapter reviews scholarly research on international human rights law, focusing on systematic studies that are based on historical statistics and carried out by social scientists. The systematic, scholarly study of international human rights law can be grouped into two main categories. First are studies on the process of international law, such as on how judges in human rights tribunals make decisions. Second are studies that look for relationships between the presence of law (and laws of different types) and actual changes in human behavior. The chapter concentrates on the second category of research and highlights its main weaknesses. It also discusses some of the findings of statistical research regarding civil and political rights as well as economic, social, and cultural rights. Finally, it examines the mechanisms of influence of the international human rights legal system.


2015 ◽  
Vol 109 (3) ◽  
pp. 534-550 ◽  
Author(s):  
Christopher McCrudden

Comparative international law promises to bring fresh attention to the similarities and differences in how international law is understood and approached at the domestic level. Comparative international human rights law applies this focus to similarities and differences in the ways that international human rights law is, for example, interpreted at the domestic level by courts.


2019 ◽  
Vol 7 (1) ◽  
pp. 57-88
Author(s):  
Helge Årsheim

International human rights law (ihrl) has traditionally enjoyed an uneasy relationship with customary, religious, and indigenous forms of law. International courts and tribunals have considered these non-state forms of law to represent both structural and material challenges to the implementation of human rights norms at the domestic level. Over the course of the last decades, however, the theory and practice of human rights has increasingly started recognizing and accommodating multiple legal orders. This article traces the gradually increasing accommodation of legal pluralism in ihrl in the monitoring practice of four un human rights committees over a period of 20 years, looking in particular at the increasing recognition of religious forms of legality across the committees.


2017 ◽  
pp. 156-164
Author(s):  
Swechhya Sangroula

The paper relies on doctrinal method of study in determining whether a right to water exists under international human rights law. As primary source, the paper relies on the International Covenant on Economic, Social and Cultural Rights and the products of the ICESCR’s monitoring system: Economic and Social Council (ECOSOC) and particularly the work of the CESCR, which is the subsidiary body of the ECOSOC, tasked with monitoring functions, since 1985. The paper relies on the international interpretation of relevant ICESCRprovisions made by the CESCR as ‘evidence of the meaning and application of the Covenant’.1 The paper also relies on the study of relevant Concluding Observations issued by the CESCR during the course of its monitoring of states’ periodic reports. The primary reason, being, that unlike ICCPR’s Human Rights Committee jurisprudence, the ICESCR has not developed a body of jurisprudence from its treaty body. As secondary sources, scholarly writings and published academic debates have been referred to gauge the contents of the academic debate surrounding the issue.


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