Influence of the ICCPR in the Middle East

2018 ◽  
Author(s):  
Başak Çali
Keyword(s):  
Middle East ◽  
Legal Status ◽  
Political Rights ◽  
Reporting Practices ◽  
Rights Protection ◽  
Liberal Democratic ◽  
East Region ◽  
Civil And Political Rights ◽  
State Responses

This chapter surveys the legal influence of the International Covenant on Civil and Political Rights (ICCPR) on the domestic laws of States in the Middle East region. It analyses ratification, reservation, and reporting practices, the domestic legal status of the ICCPR, and State responses to the Human Rights Committee’s concluding observations. The chapter argues that the ICCPR’s legal influence in the region is structurally hampered due to its lack of authoritative legal status and the dominance of defensive domestic legalism. A significant gap remains between the HRC’s vision of civil and political rights protection grounded in the entrenchment of liberal, democratic, and multicultural laws and the region’s authoritarian or majoritarian political structures that foreground security and treat non-majority identities as threats. The influence of the ICCPR on domestic laws in the Middle East remains a long-term battle, whereby small gains under limited legal opportunity structures remain the overarching norm.

scholarly journals Neglecting Social and Economic Rights Violations in Transitional Justice: Long-Term Effects on Accountability: Empirical Findings from the Extraordinary Chambers in the Courts of Cambodia

2018 ◽  
Vol 37 (2) ◽  
pp. 95-124
Author(s):  
Tine Destrooper
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Blind Spot ◽  
Political Rights ◽  
Long Term Effects ◽  
Economic Rights ◽  
Cultural Rights ◽  
Civil And Political Rights ◽  
International Profile

This article builds on theories about the expressive function of law and uses Structural Topic Modelling to examine how the prioritisation of civil and political rights (CPR) issues by the Extraordinary Chambers in the Courts of Cambodia (ECCC) has affected the agendas of Cambodian human rights NGOs with an international profile. It asks whether these NGOs’ focus on CPR issues can be traced back to the near-exclusive focus on CPR issues by the court, and whether this has implications for the creation of a “thick” kind of human rights accountability. It argues that, considering the nature of the Khmer Rouge's genocidal policy, it would have been within the mandate and capacity of the court to pay more attention to actions that also constituted violations of economic, social, and cultural rights (ESCR). The fact that the court did not do this and instead almost completely obscured ESCR rhetorically has triggered a similar blind spot for ESCR issues on the part of human rights NGOs, which could have otherwise played an important role in creating a culture of accountability around this category of human rights. Does this mean that violators of ESCR are more likely to escape prosecution going forward?

25. Results and Prospects

2020 ◽  
pp. 681-694
Author(s):  
Bernadette Rainey ◽  
Pamela McCormick ◽  
Clare Ovey
Keyword(s):  
Human Rights ◽  
Formal System ◽  
Legal Protection ◽  
Political Rights ◽  
European Standard ◽  
Rights Protection ◽  
Civil And Political Rights ◽  
Climate Crisis ◽  
The Relationship

This chapter sums up the key findings of this study on the Convention on Human Rights (ECHR). It suggests that the principal achievement of the Convention has been the establishment of a formal system of legal protection available to individuals covering a range of civil and political rights which has become the European standard. The chapter highlights the measures taken by the Court to decrease its caseload and increase its efficiency in dealing with applications. It also highlights the contemporary challenges facing the Court, including the relationship between States and the Court, the challenge of the rise of authoritarian governments, and the threats to rights protection from the climate crisis.

The ECHR, the EU and the Weakness of Social Rights Protection at the European Level

2011 ◽  
Vol 12 (10) ◽  
pp. 1833-1861 ◽  
Author(s):  
Roderic O'Gorman
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
European Convention ◽  
Social Rights ◽  
Political Rights ◽  
Council Of Europe ◽  
Rights Protection ◽  
European Court ◽  
Reporting Mechanism ◽  
The Eu

Ever since the conceptual division of rights into three separate categories; civil, political and social, the legal status of social rights has been controversial. This divergence in views is illustrated by the decision of the Council of Europe in 1950 to protect civil and political rights through a judicial format where adherence to the European Convention on Human Rights (ECHR) was ensured by the European Court of Human Rights, whereas social rights were addressed separately through the European Social Charter (“Social Charter”), with merely a reporting mechanism to the European Committee of Social Rights.

scholarly journals Non-universal Human Rights? How Article 6 (2) of the International Covenant on Civil and Political Rights Undermines Human Rights

2020 ◽  
Vol 9 (1) ◽  
pp. 99-117
Author(s):  
Billy Holmes
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Human Dignity ◽  
Final Section ◽  
Political Rights ◽  
Right To Life ◽  
Universal Human Rights ◽  
Civil And Political Rights ◽  
The Right

Article 6 of the International Covenant on Civil and Political Rights facilitates inequality regarding the imposition of the death penalty and thus, it cannot ensure universality for the protection of the right to life. Paragraph two of this article states: ‘sentence of death may be imposed only for the most serious crimes.’ This article argues that the vagueness of the phrase ‘the most serious crimes’ allows states to undermine human rights principles and human dignity by affording states significant discretion regarding the human rights principles of equality and anti-discrimination. The article posits that this discretion allows states to undermine human dignity and the concept of universal human rights by challenging their universality; by facilitating legal inequality between men and women. Accordingly, it asserts that the implications of not expounding this vague phrase may be far-reaching, particularly in the long-term. The final section of this article offers a potential solution to this problem.

scholarly journals Le Comité des droits de l'homme des Nations unies

2005 ◽  
Vol 28 (3) ◽  
pp. 533-546
Author(s):  
Gisèle Côté-Harper
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Optional Protocol ◽  
Civil And Political Rights

In the area of Human Rights, one of the most important events of the last fourty years has been the adoption of the International Pact concerning civil and political rights including the optional Protocol. The author examines the functions that the Pact assigns to the Human Rights Committee and remarks on the major role that this Committee assumes in the area of Human Rights' protection and of the strengths and weaknesses of this organism.

Social and cultural policies to confront the Takfiri speech in Iraq after the year 2003

2020 ◽  
pp. 37
Author(s):  
Ahmed Ghaleb Mohi
Keyword(s):  
United States ◽  
Middle East ◽  
United States Of America ◽  
Political System ◽  
The United States ◽  
Cultural Policies ◽  
American Occupation ◽  
East Region ◽  
Middle East Region

The American occupation of Iraq in 2003 represented a detailed event whose repercussions and repercussions affected not only the level of changing the Iraqi political system, but this event had geo-political and strategic long-term dimensions, as the United States of America was able to redraw the paths of the Middle East region again, in line with The strategic dimensions that I planned to achieve.

Wasta Effects on Supply Chain Relationships in the Middle East Region

2021 ◽  
pp. 2505-2520
Author(s):  
Noor Al-Ma'aitah ◽  
Ebrahim Soltani ◽  
Ying-Ying Liao
Keyword(s):  
Supply Chain ◽  
Middle East ◽  
Cultural Values ◽  
Manufacturing Sector ◽  
Cultural Paradigm ◽  
East Region ◽  
Organisational Research ◽  
Context Specific ◽  
Middle East Region

This chapter's aim is two-fold: to examine the impact of Wasta on long-term supply chain relationship and uncover the ways trust functions the complex interplay between culture (Wasta) and long-term supply chain relationship. Data from 350 buyers and 302 suppliers in the Jordanian manufacturing sector show that there is a general consensus on the idea that long-term buyer-supplier relationship is significantly affected by Wasta and that theqa (i.e. trust) moderates the relationship between Wasta and long-term relationship. The findings contribute to the increasing shift of focus towards contextualizing organisational research beyond Hofstede's cross-cultural paradigm to encompass context-specific religious-cultural values of the Middle East region.

scholarly journals Features of State Institutions of Ireland of XVIII Century

2020 ◽  
pp. 386-400
Author(s):  
V. Yu. Apryshchenko ◽  
N. A. Lagoshina
Keyword(s):  
Great Britain ◽  
Religious Orientation ◽  
Legal Status ◽  
18Th Century ◽  
Political Rights ◽  
European Continent ◽  
State Institutions ◽  
The Status ◽  
Civil And Political Rights ◽  
Political Economic

The expansion of Great Britain in the 18th century greatly strengthened its influence both on the European continent and throughout the world. The nearby existence of Catholic Ireland, which had developed trade and socio-political ties with European countries, threatened the national security of Great Britain and determined the religious orientation of restrictive politics. In the first half of the 18th century, political, economic and religious struggles both within Ireland and between the British and Irish led to the fact that Ireland actually turned into an English colony. There are still disputes among foreign scholars about the status of Ireland in the 18th century, since the powers of the parliament in Dublin were limited, and most of the country's population did not have civil and political rights. Nevertheless, in the 1760s, the Irish parliament implemented a number of bills in the field of social policy and local self-government, which indicates the significant independence of this legislative body. The legal status of the Irish state in the 18th century, its powers are compared with some widespread definitions of the term state are examined in the article.

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