scholarly journals Human Rights between the Local and Global

2017 ◽  
Vol 18 (1) ◽  
pp. 78-107
Author(s):  
Andrew Wolman
Keyword(s):  
Human Rights ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Core ◽  
Human Rights Regime ◽  
The World ◽  
Human Rights Norms ◽  
Institutional Relationships

Over the last two decades, municipal human rights institutions have proliferated around the world. One of the newest examples of such initiatives is the Seoul Human Rights Ombudsperson Office, which was established in January 2013 as one of the core institutions of human rights protection in Seoul, Korea. This article will present a case study of the operations of the Seoul Human Rights Ombudsperson Office based on interviews and documentary research. It will focus on the question of how this newly established institution fits into the existing human rights regime, and in particular address three distinct issues, namely the degree to which the Seoul Human Rights Ombudsperson Office reflects local versus national or international influences, the types of institutional relationships it has with other human rights actors, and the degree to which it implements local versus national or international human rights norms.

Triage

2013 ◽  
Author(s):  
Emilie M. Hafner-Burton
Keyword(s):  
Human Rights ◽  
Legal Reform ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Effective Implementation ◽  
The Core ◽  
International Human ◽  
Core Idea ◽  
Human Rights Norms

This chapter advocates a process called “triage” for resource allocation that requires investing more heavily in areas where the evidence indicates that human rights promotion is most likely to work. It argues that the universality of human rights norms, which are the bedrock of the international human rights legal system and the core idea of the Universal Declaration of Human Rights, is not a tenable guide for the most effective implementation of human rights norms. It explains why human rights is a matter of national interest and how assessments of leverage impact human rights. It shows how triage can help stewards in the area of international legal reform and concludes by outlining steps that could transform the process through which government stewards work to protect human rights and increase the returns on international promotion efforts for human rights protection.

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

2010 ◽  
Vol 1 (2) ◽  
pp. 117-135
Author(s):  
Bożena Drzewicka
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
The West ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The World ◽  
International Human

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.

The UN Human Rights Game and the Arab Region

2016 ◽  
Author(s):  
Fateh Azzam
Keyword(s):  
Human Rights ◽  
International Human Rights ◽  
Arab Region ◽  
Human Rights Protection ◽  
Rights Protection ◽  
System P ◽  
The World ◽  
International Human ◽  
Outcome Document ◽  
Rights Issues

This chapter examines the role played by the international human rights protection system and its mutual interactions with countries and societies of the Arab region. The United Nations human rights system has grown considerably over the past six decadess, and with it the demands for human rights protection and their respect around the world, including in the Arab region. The revolts that first hit the region in 2011 brought into sharp focus the interdependence of development, democracy, and human rights, first articulated in the outcome document of the World Conference on Human Rights in Vienna in 1993. This chapter first provides an overview of the UN normative framework of human rights before discussing how Arab states engaged with this framework and how the UN bodies and processes have dealt with rights issues in the region. It also reviews Arab civil society's interactions with and usage of the UN human rights system.

Der "margin of appreciation" beim Europäischen Gerichtshof für Menschenrechte

2019 ◽  
Author(s):  
Paula Gorzoni
Keyword(s):  
Human Rights ◽  
European Convention ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Margin Of Appreciation ◽  
Formal Principle ◽  
International Human

The application of the margin of appreciation is indispensable in the practice of the European Court of Human Rights as the European Convention on Human Rights does not envisage the development of a single understanding of human rights for all states. However, it has to be taken into account that the states’ margin of discretion in this respect cannot be unlimited. The challenge is to find the necessary balance between the sovereignty of the national authorities and a coherent form of international human rights protection. This study analyses this challenge using the theory of principles. It raises the question of how an international balance, including the sovereignty or the competence of the national authorities as a formal principle, can be established. In the course of reconstructing the margin of appreciation by applying different models of formal principles in an empirical case study, the author develops an answer to this question.

scholarly journals Constructing an Inadequate Human Rights Regime: Indonesia and the Deliberate Weakening of the ASEAN Intergovernmental Commission on Human Rights Authority

2020 ◽  
Author(s):  
Darwis
Keyword(s):  
Human Rights ◽  
Southeast Asia ◽  
Stability Theory ◽  
Political Will ◽  
Human Rights Abuses ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Regime ◽  
Human Rights Norms ◽  
Hegemonic Stability

The establishment of the ASEAN Intergovernmental Commission on Human Rights in 2019 provided hopes for the advancement of human rights in Southeast Asia. As a region that puts forward the notions of consensus and non-sovereignty, concluding regional human rights norms is seen as a first step in solidifying human rights protection in the region. Unfortunately, since its establishment, the commission has failed to fulfill the expectations to implement protection-based regional norms in Southeast Asia, measured by their failure to effectively respond to systemic human rights abuses in the region. This article employs the Neoliberal Institutionalist’s view of Hegemonic Stability Theory (specifically to Robert Keohane) in analyzing how regional hegemons such as Indonesia, have deliberately directed the establishment of a weak human rights regime, in the form of the ASEAN Intergovernmental Commission on Human Rights, which is proven by; (1) The Commission’s deficiencies in human rights protection, and (2) Indonesia’s lack of political will in solidifying human rights regimes in Southeast Asia.

scholarly journals Constructing an Inadequate Human Rights Regime: Indonesia and the Deliberate Weakening of the ASEAN Intergovernmental Commission on Human Rights Authority

2020 ◽  
Author(s):  
Darwis
Keyword(s):  
Human Rights ◽  
Southeast Asia ◽  
Stability Theory ◽  
Political Will ◽  
Human Rights Abuses ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Regime ◽  
Human Rights Norms ◽  
Hegemonic Stability

The establishment of the ASEAN Intergovernmental Commission on Human Rights in 2019 provided hopes for the advancement of human rights in Southeast Asia. As a region that puts forward the notions of consensus and non-sovereignty, concluding regional human rights norms is seen as a first step in solidifying human rights protection in the region. Unfortunately, since its establishment, the commission has failed to fulfill the expectations to implement protection-based regional norms in Southeast Asia, measured by their failure to effectively respond to systemic human rights abuses in the region. This article employs the Neoliberal Institutionalist’s view of Hegemonic Stability Theory (specifically to Robert Keohane) in analyzing how regional hegemons such as Indonesia, have deliberately directed the establishment of a weak human rights regime, in the form of the ASEAN Intergovernmental Commission on Human Rights, which is proven by; (1) The Commission’s deficiencies in human rights protection, and (2) Indonesia’s lack of political will in solidifying human rights regimes in Southeast Asia.

scholarly journals The World Court of Human Rights Feasibility Study

2018 ◽  
Vol 9 (1) ◽  
pp. 37-47 ◽  
Author(s):  
Lubica Saktorová
Keyword(s):  
Human Rights ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Past ◽  
Theoretical Position ◽  
The World ◽  
Key Issues ◽  
International Human ◽  
Individual Human

Abstract The idea of the World Court of Human Rights was first envisioned in 1947 along with other institutions designed to create a system capable of the worldwide protection of individual human rights. The focus of the present study is to determine key issues of the prospective establishment of the World Court by an examination of its theoretical position among the United Nations bodies, regional and another inter-governmental human rights organisation. Analysis of the function and mechanisms of the current international human rights protection system would lead to deliberation on the prospective substantial and procedural competences of the World Court, the enforcement mechanism, jurisdiction and related benefits. The objective of the final part is to discuss challenges regarding its political and legal feasibility. Without the visionaries of the past, there would be no substantial system of human rights today. The World Court of Human Rights is a vision for the future.

Universal declaration of human rights as a source of universal international legal standards of human rights

2020 ◽  
pp. 36-42
Author(s):  
Uliana Kuzenko
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Universal Declaration ◽  
Human Being ◽  
Legal Basis ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Standards ◽  
International Human

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.

The Fallacy of Effective Human Rights Protection under Relevant Treaty Law when Armed Groups Commit Violations

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Armed Groups ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Treaties ◽  
International Human

Chapter 5 adds to the contemporary discourse on human rights obligations of non-state armed groups by showing that in many situations, there is a clear legal need for these obligations. This chapter first engages in the debate on whether and to what extent certain human rights treaties address armed groups directly. Second, it shows that under the law of state responsibility, states are generally not responsible for human rights violations committed by non-state entities. Third, it recalls that under international human rights law, states have an obligation to protect human rights against violations committed by armed groups. However, it argues that because this cannot be a strict obligation but is one that depends on states’ capacities and the particular circumstances, often this framework cannot adequately protect individuals against human rights violations by armed groups. The result is a legal and practical need for human rights obligations of non-state armed groups.

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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