Monitoring: The Role of Independent Mechanisms

2021 ◽  
pp. 174-187
Author(s):  
Gauthier de Beco
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
System P ◽  
National Human ◽  
Set Up ◽  
National Human Rights Institutions ◽  
Paris Principles

This chapter concerns the role of independent mechanisms. It explains what national human rights institutions (NHRIs) are as well as the fundamental principles that should guide these institutions as set out in the Paris Principles. It then examines the requirement to set up a ‘framework including one or more independent mechanism’ in accordance with the CRPD as well as the way in which such mechanisms relate to the said Principles and all the possibilities open to States Parties regarding this framework. It finishes by exploring what the reference to the Paris Principles has come to mean for NHRIs and what the Convention reveals in the field of international human rights law through its elaborate monitoring system.

From gatekeepers to GONGOs

2018 ◽  
Vol 36 (2) ◽  
pp. 111-132 ◽  
Author(s):  
Fiona McGaughey
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Legal Analysis ◽  
Human Rights Law ◽  
International Human Rights ◽  
Key Stakeholders ◽  
National Human ◽  
Heterogeneous Nature ◽  
National Human Rights Institutions

Despite growing awareness of the importance of the role of Non-Governmental Organisations (NGOs) in monitoring international human rights law, there is as yet little analysis of the heterogeneous nature of NGOs and of the relationships between NGOs engaging with the United Nations (UN). This socio-legal analysis was drawn from 26 interviews with key stakeholders across the UN, Governments and NGOs. The article analyses, problematises and maps the NGO role, presenting a taxonomy with six categories of NGOs engaging with UN human rights bodies - international facilitative, gatekeeper, imperialist, domestic self-sufficient, domestic dependent and Governmental Non-governmental Organisations (GONGOs). It also considers the role of National Human Rights Institutions in engaging with the UN, vis-à-vis the NGO role. A preferred NGO model of engagement according to those in the UN receiving NGO reports is presented. The article concludes that NGOs play a pragmatic role in addressing limitations of the UN human rights system, and a normative role in contributing to global democratisation and governance.

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.

4. Human Rights in International Law

2016 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Customary International Law ◽  
Legal Context ◽  
National Human ◽  
International Human ◽  
United Nations System

This chapter examines the international legal context of human rights. It first considers the historical evolution of international human rights law, with particular emphasis on the reincarnation of philosophical ideals as international laws (treaties), before discussing the principal sources of international human rights law such as customary international law and ‘soft’ law. It then describes the various forms of expressing human rights, along with the core international human rights instruments. It also explores the mechanisms for monitoring and enforcing human rights, including the United Nations system, regional human rights systems, and national human rights systems. Finally, it explains the process followed for a state wishing to be bound to the provisions of a treaty and the benefits of listing human rights in treaties.

Sign in / Sign up

Export Citation Format

Share Document