In Defense of Politicization of Human Rights

2020 ◽  
Author(s):  
Elvira Domínguez-Redondo
Keyword(s):  
Human Rights ◽  
International Level ◽  
International Human Rights ◽  
Solid Ground ◽  
Protection Of Human Rights ◽  
Institutional Status ◽  
International Human ◽  
Political Decisions ◽  
Comprehensive Study

International human rights mechanisms’ efficiency is normally linked to the work of independent experts keen to push the boundaries of accountability, against recalcitrant states determined to defend their sovereignty. As a corollary, progress in this field is associated with the creation and maintenance of political free spaces. Another common presumption, rather than fact, is a belief in a differentiated “North” versus “South” approach to the promotion and protection of human rights, that finds solid ground within the prevalent human rights discourses repeated by governmental and non-governmental actors. Through the lenses of the UN Special Procedures, In Defense of Politicization of Human Rights: The UN Special Procedures challenges these and other presumptions informing doctrinal studies, policies, and strategies to advance international human rights. In seeking to debunk commonly held views about the role of politics in human rights at the international level, this book constitutes the first comprehensive study of the Special Procedures as a system covering their history, methods of work, institutional status, and relationship with other politically driven organs and processes affecting their development. The perspective chosen to analyze the human rights mechanisms most vulnerable to political decisions determining their creation, renewal, and operationalization casts a new light on the extent to which these remain the cornerstone of global accountability in protecting the inherent dignity and worth of individuals as well as groups.

The role of international human rights organisations in the context of the conflict in Eastern Ukraine

2021 ◽  
Vol 28 (1) ◽  
pp. 24-31
Author(s):  
Nina I. Karpachova
Keyword(s):  
Human Rights ◽  
Current Status ◽  
Human Rights Violations ◽  
International Human Rights ◽  
Quantitative And Qualitative Research ◽  
Human Rights Organizations ◽  
High Commissioner ◽  
Protection Of Human Rights ◽  
International Human

The task of this paper is to study the role of international human rights organizations in response to the conflict taking place in eastern Ukraine. The study is based on recent reports from the Office of the UN High Commissioner for Human Rights and the OSCE on Ukraine. The relevance of the stated topic is determined by the situation with human rights violations in the armed conflict in Ukraine and the significant role of international human rights organizations, making active efforts to resolve it. The purpose of this study is to determine the main aspects of the role that international organizations play in resolving this range of issues. This will help to identify potential opportunities to tackle the problem with human rights violations in the Ukrainian territories. The study combines quantitative and qualitative research of the entire spectrum of issues brought into the subject. The main results obtained are: analysis of the role and place of international human rights organizations in assessing the situation with the conflict in the Ukrainian territories and obtaining statistical information on the current status of human rights violations in these territories. The value of this paper lies in obtaining practical recommendations for finding ways to peacefully resolve the conflict in the East of Ukraine and implementing comprehensive measures to create conditions for the protection of human rights in this region

scholarly journals Jusnaturalism as the foundation of the concept of international protection of human rights in H. Lauterpacht’s works

2021 ◽  
pp. 392-396
Author(s):  
O. M. Sheredʹko
Keyword(s):  
Human Rights ◽  
International Law ◽  
Natural Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Protection Of Human Rights ◽  
International Human ◽  
International Document

Prominent international law scholar H. Lauterpacht devoted most of his exploratory work to the issue of human rights in international law.This article reveals H. Lauterpacht’s views on the role of international law in the recognition and consolidation of human rights and the role of jusnaturalism as the basis of international human rights law. Analyzing the works by H. Lauterpacht, we can say that the scholar was the founder of international human rights law. Natural law and natural human rights, according to H. Lauterpacht, have been the unchanging basis of human rights of all times.The origins and periodization of jusnaturalism in the works of leading international law scholar are considered. The main statements of the representatives of the natural law concept of different times, in particular, the basic ideas in the works of Socrates, Aulis Aarnio, Francisco de Vitoria, Francisco Suarez, Alberico Gentili, Thomas Hobbes, Samuel von Pufendorf, Hugo Grotius are outlined.The views of prominent philosophers are the foundation of the concept of jusnaturalism.  Numerous supporters of the concept of natural law in different periods of history testify to its importance at every stage of human rights development.International law in this matter is a kind of second stage of recognition and protection of human rights, after recognition in the national law of states.International law is designed to consolidate the rights granted by nature to the human in the international arena.H. Lauterpacht saw the real recognition and protection of human rights by enshrining them in an international document signed by all countries of the world.The scientist proposed a draft international document on the recognition of human rights at the international level called International Bill of the Rights of Man. The provisions proposed in this document were later enshrined in international instruments such as the Universal Declaration of Human Rights of 1948, the International Covenant on Economic, Social and Cultural Rights of 1966 and the International Covenant on Civil and Political Rights of 1966.

Part III Structural Principles, Ch.15 Subsidiarity

2013 ◽  
Author(s):  
Neuman Gerald L
Keyword(s):  
Human Rights ◽  
International Institutions ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Protection ◽  
Protection Of Human Rights ◽  
Structural Principles ◽  
International Human

This article examines the role of the principle of subsidiarity in international human rights law. It explains the concept and the procedural doctrines of subsidiarity and considers subsidiarity of international institutions as a structural fact and the substantive subsidiarity within the state. It contends that international protection of human rights is subsidiary to national protection and that subsidiarity plays important roles in international human rights law. This article also predicts the future expansion and evolution of the role of subsidiarity in international human rights law.

Women’s Progress and Women’s Human Rights

2019 ◽  
pp. 231-266
Author(s):  
Martha C. Nussbaum
Keyword(s):  
Human Rights ◽  
Common Language ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Common Purpose ◽  
Protection Of Human Rights ◽  
International Human ◽  
National Boundaries

Focusing primarily on CEDAW, this chapter examines the role that international human rights law plays in the advancement of the protection of human rights of women. The author claims that although human rights law lags well behind the women’s movement in some crucial ways, nonetheless, it is worthwhile that documents like CEDAW exist, and not merely for their direct legal value (which can be questioned). Documents help people to network across national boundaries and to develop a sense of common purpose, a common language, a common set of demands, and a sense that progress is being made. In a few cases, moreover, CEDAW has had a real, if limited, legal significance, when implemented by friendly jurists. The author suggests that the influence of international human rights law ought to be assessed, often at least, in this broader way, looking at the role of documents in political and social movements.

The Influence of the Two Covenants on States Parties Across Regions

2018 ◽  
Author(s):  
Samantha Besson
Keyword(s):  
Human Rights ◽  
Domestic Institutions ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Third ◽  
International Human ◽  
Domestic Influence ◽  
Domestic Law

As a companion to the five regional reports in this volume, this chapter’s aim is a double one: first, to bring the comparison up to the regional level, and second, to analyse the international and domestic institutions, procedures, and mechanisms that affect how international human rights instruments influence domestic law. The chapter is therefore both a study in comparative international human rights law and a contribution to its methodology. Its structure is four-pronged. The first section clarifies the aim, object, and method of the comparison. The second section presents a comparative assessment of the Covenants’ domestic influence across regions and develops a grid of comparative analysis. The third section addresses the authority of the Committees’ interpretations of the Covenants, relying on a bottom-up comparative law argument. The fourth section discusses the role of human rights comparison and of regional human rights law in enhancing the legitimacy of the Committees’ future interpretations.

Regional Human Rights

2021 ◽  
Keyword(s):  
Human Rights ◽  
International Human Rights ◽  
Protective Mechanisms ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Systems ◽  
Protection Of Human Rights ◽  
International Human ◽  
Local Languages ◽  
Specific Country

Regional human rights mechanism are now in place covering nearly all five continents with the notable exception of Australia. Regional and international human rights protection are not meant to thwart each other. On the contrary, the regional protection of human rights is intended to back up and strengthen the international one by translating human rights into local languages and supporting them with additional protective mechanisms like commissions and courts that enforce regional human rights documents. In this volume, five experts from various continents will introduce regional human rights protection systems in Europe, Africa, Asia, Latin America and Australia providing an overview of the regional protections vis-à-vis the international one and then contextualising it in specific country context.

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