Progressing Norm Socialisation: Why Membership Matters. The Impact of the Accreditation Process of the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights

2011 ◽  
Vol 80 (2) ◽  
pp. 143-192 ◽  
Author(s):  
Meg Brodie

AbstractThe International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC) is responsible for accrediting independent, broadly mandated, national human rights institutions (NHRIs). The relevant international standards used to accredit NHRIs are the Paris Principles. In this role, the ICC has facilitated the progressive socialisation of Paris Principles norms. Members define and redefine their collective identity in light of the norms, causing the boundaries of membership to shift. The ICC has evolved from a representative, inclusive community of NHRIs to one that emphasises its regulatory role. This has implications for existing members and new applicants, such as Sweden, which must now demonstrate their compliance with more robustly applied standards. The progression of norm socialisation relies on the ICC's willingness to maintain the legitimacy of the rules through their coherent application and interpretation.

2021 ◽  
pp. 106
Author(s):  
NINA KARPACHOVA

The article examines the genesis of the institution of the Ombudsman of Ukraine – the Ukrainian Parliament Commissioner for Human Rights. The role of the Ombudsman is shown both in protecting the rights of individuals as well as in overcoming the systemic violations of human rights. The essence of modern challenges to human rights and freedoms is revealed: poverty, migration, human trafficking, modern terrorism, sea piracy, armed conflicts, wars, humanitarian disasters, dehumanization of society. The activity of the First Ombudsman of Ukraine on bringing the legislation of Ukraine and law enforcement practice in line with European and international human rights standards is analyzed. The need to form a modern legal culture based on international standards in the field of human rights and freedoms and the rule of law is analyzed. The article investigates monitoring mechanism of the national human rights institution performed through the Annual and Special Reports to the national Parliament. It also reveals forms of cooperation of the Ombudsman of Ukraine with national, international and European structures in the field of human rights. It is shown that not only the institution of the Ombudsman, in terms of its legal status, should be independent in the spirit of the Paris Principles, but the person in this post should also have personal independence. There are shown ways to establishing peace through the search for compromises and a trustful dialogue between the authorities and society. The innovation of the article is the analysis of the Ombudsman institution as a mechanism for the extrajudicial protection of human rights in the context of modern challenges to human rights and freedoms. A new term is introduced into scientific circulation – “the case law of the Ombudsman”.


Author(s):  
Emilie M. Hafner-Burton

In the last six decades, one of the most striking developments in international law is the emergence of a massive body of legal norms and procedures aimed at protecting human rights. In many countries, though, there is little relationship between international law and the actual protection of human rights on the ground. This book takes a fresh look at why it's been so hard for international law to have much impact in parts of the world where human rights are most at risk. The book argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights “stewards” can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions. To date, promoters of international human rights law have relied too heavily on setting universal goals and procedures and not enough on assessing what actually works and setting priorities. This book illustrates how, with a different strategy, human rights stewards can make international law more effective and also safeguard human rights for more of the world population.


Author(s):  
Celia Fernández Aller

Este texto hace una síntesis de los principales argumentos encontrados en la doctrina y jurisprudencia nacional e internacional que se esgrimen a favor de una mayor exigibilidad de los derechos económicos, sociales y culturales. Se profundiza en el concepto y fundamento de estos derechos, para a continuación repasar algunos ámbitos de exigibilidad: la Constitución, las normas internacionales, la doctrina y labor de las Instituciones de Derechos Humanos, y las declaraciones de Naciones Unidas. Para concluir, se aportan ejemplos de algunos tribunales que han entrado a conocer acerca de los derechos DESC.This text is a summary of the main reasons found in the legal doctrine and national and international jurisprudence to justify a greater enforcement of economic, social and cultural rights. It analyzes the concept of such rights, then go over some areas of enforcement: the Constitution, international standards, doctrine and work of National Human Rights Institutions and UN declarations. Finally, we provide examples of some courts that have come to know about ESC rights.


2004 ◽  
Vol 53 (3) ◽  
pp. 713-729 ◽  
Author(s):  
Carolyn Evans

The last decade has seen the rise of a potentially significant development in the Asia-Pacific region in regard to human rights—the establishment of National Human Rights Institutions (particularly Human Rights Commissions) in numerous States.2 National Human Rights Commissions (hereafter NHRC) established in compliance with United Nations standards have been established in Australia, Fiji, India, Indonesia, Malaysia, Mongolia, Nepal, New Zealand, Philippines, Republic of Korea, Sri Lanka, and Thailand.3 In many of these States, however, human rights abuses are still widespread and serious. The establishment of NHRC, which generally do not have the power to make enforceable decisions, could easily be derided as an attempt by governments to create a fac.ade of respect for human rights while failing to take the enforcement of those rights seriously.4 While this criticism has a degree of validity, NHRC have played a constructive, if limited role, in the promotion and protection of human rights in the Asia-Pacific region.


2007 ◽  
Vol 25 (2) ◽  
pp. 189-220 ◽  
Author(s):  
Rachel Murray

This article seeks to examine how useful the Paris Principles are in assessing the effectiveness of National Human Rights Institutions. It will argue that while they are an appropriate starting point, they focus more on factors relevant to the establishment of such bodies, rather than how they perform once created and how they are perceived by others. Some greater thought now needs to be given to a variety of issues that render these institutions effective and to question some of the underlying presumptions on which the Paris Principles are based.


Author(s):  
O. K. Goncharenko ◽  
A. O. Akhmetzyanov

The article addresses issues related to the development of international cooperation as one of the key areas of activity of the High Commissioner for Human Rights in the Russian Federation. The special features regulating the activities of the High Commissioner, including the novelty in the national legislation and international standards in this area have been presented. Special attention has been given to the directions and forms of cooperation of the High Commissioner with national human rights institutions of foreign states, universal and regional international organizations, integration associations of ombudsmen. Examples of the interaction of the High Commissioner with the United Nations and the Council of Europe at the present stage have been provided. The efforts of the High Commissioner to protect the rights of the Russian citizens and compatriots living abroad have been highlighted. The article presents the development and strengthening of such concept as “human rights diplomacy”. The aspects of the establishment and promotion of the Eurasian Ombudsman Alliance have been reflected.In conclusion, the authors make recommendations on the extension of the competence of the High Commissioner.


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