From Context to Content of Human Rights: The Drafting History of the African Charter on Human and Peoples’ Rights and the Enigma of Article 7

2020 ◽  
pp. 1-33
Author(s):  
Misha Ariana Plagis ◽  
Lena Riemer
Keyword(s):  
Human Rights ◽  
Historical Factors ◽  
Human Rights Treaties ◽  
History Of ◽  
African Charter

Abstract The context that leads to human rights treaties being drafted or adopted has garnered much attention, especially concerning the developments in the 1970s. However, the link to the content of those human rights treaties is often missing in the analysis. In addition, less attention has been paid to one of the major developments at the time: The adoption of the African Charter on Human and Peoples’ Rights. The paper engages with these gaps from the perspective of the drafting process of the African Charter, using the unique wording of article 7 to illustrate four significant political and historical factors that helped determine its content.

scholarly journals The Position of the UN Conventions to Determine and Guarantee Human Rights

2017 ◽  
Vol 10 (3) ◽  
pp. 38
Author(s):  
Bahman Akbari
Keyword(s):  
Human Rights ◽  
Past History ◽  
Main Question ◽  
The Past ◽  
Human Rights Treaties ◽  
International Regulations ◽  
History Of ◽  
Main Representative ◽  
Privity Of Contract

In the present era, providing human rights represents the governance quality of a government and human rights treaties are criteria for its assessment. Also the UN human rights conventions, because of their international nature in the past seven decades, have been the main representative to reflect man's fundamental demands. Now the main question is that to what extent these conventions are remarkable and effective in order to explain and guarantee human rights in the international arena? The author believes that the conventions are the most important international mechanisms to identify human rights which compared to the past history of mankind have offered the most comprehensive international regulations in order to reflect the fundamental human rights. But then, two main factors undermined the effectiveness of the conventions. The first factor is intratextual drawbacks of the conventions which are divided into three drawbacks: reservation, withdrawal and arbitrary essence of accepting the committees’ competence. The second and more important factor is the reasons out of the conventions which are divided into two categories: the doctrine of privity of contract and disobedience by some governments under the ideological or moral reasons. The first factor can be addressed by the secondary amendments. However, the big challenge is the second factor which mechanism to settle it are to inform the international community about the importance of the UN human rights conventions, creating intersubjective understanding and eventually accepting the supremacy of international human rights over internal law.

Human Rights Treaties and the Senate: A History of Opposition.

1991 ◽  
Vol 78 (3) ◽  
pp. 1144
Author(s):  
Robert D. Schulzinger ◽  
Natalie Hevener Kaufman
Keyword(s):  
Human Rights ◽  
Human Rights Treaties ◽  
History Of

Human Rights Treaties and The Senate: A History of Opposition

1991 ◽  
Vol 35 (3) ◽  
pp. 338
Author(s):  
Cathal J. Nolan ◽  
Natalie Hevener Kaufman
Keyword(s):  
Human Rights ◽  
Human Rights Treaties ◽  
History Of

An introduction to human rights and dementia

2018 ◽  
Author(s):  
Suzanne Cahill
Keyword(s):  
Human Rights ◽  
Improve Quality ◽  
Contemporary Debate ◽  
Distinctive Features ◽  
Human Needs ◽  
Positive Rights ◽  
Human Rights Treaties ◽  
Human Rights Movement ◽  
History Of

This chapter provides an introduction to the topic of human rights and dementia. It briefly traces the history of the human rights movement and discusses the significance of the UN Declaration on Human Rights (1948) and how the latter has helped shape other human rights treaties including the UN Convention on the rights of people with disabilities. The latter is a tool which will be used as a compass for analysis throughout the book. The chapter differentiates between human rights and human needs. It critically reviews negative and positive rights in the context of people living with dementia and describes the three generation of rights all people possess by virtue of being human. It argues for the application of a rights based framework to be used by practitioners in dementia care and points to the usefulness of using a social justice /rights based lens to interrogate dementia, extend the contemporary debate and ultimately attempt to improve quality of life and quality of care for all those living with dementia. The main aim of the book, the critical perspectives informing it and some of its distinctive features are highlighted.

The Oviedo Convention: A European Legal Framework at the Intersection of Human Rights and Health Law

2005 ◽  
Vol 2 (4) ◽  
Author(s):  
Roberto Andorno
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
European Convention ◽  
Political Rights ◽  
General Terms ◽  
Human Rights Treaties ◽  
Protection Of Human Rights ◽  
History Of ◽  
Degrading Treatment ◽  
First Time

AbstractIntroductionThe European Convention on Human Rights and Biomedicine of 1997 (“Oviedo Convention“) is the best current example of how to promote the protection of human rights in the biomedical field at a transnational level. The importance of this instrument lies in the fact that it is the first comprehensive multilateral treaty addressing biomedical human rights issues. Certainly, some of the principles it contains were already included in more general terms in previous international human rights treaties, such as the International Covenant on Civil and Political Rights of 1966 and the European Convention on Human Rights of 1950 (e.g. the rights to life, to physical integrity and to privacy, the prohibition of inhuman or degrading treatment and of any form of discrimination). However, this is the first time that these rights have been developed and assembled in one single multilateral binding instrument entirely devoted to biomedical issues.The purpose of this paper is, first, to give an overview of the history of the Convention; second, to present its general characteristics; and finally to summarize its key provisions.

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