scholarly journals The Role of the Judiciary in the Promotion of Democracy and Human Rights in Cameroon

2015 ◽  
Vol 8 (1-2) ◽  
pp. 145-173 ◽  
Author(s):  
Avitus Agbor
Keyword(s):  
Human Rights ◽  
Paradigm Shift ◽  
Critical Analysis ◽  
Critical Role ◽  
Judicial Activism ◽  
Legal Systems ◽  
State Party ◽  
International Human Rights ◽  
International Human

The ratification and domestication of international human rights instruments could be used as indices to determine a state’s commitment to the promotion and protection of, and respect for, human rights. Within municipal legal systems, the judiciary is one of the stakeholders to fulfil these tasks. As one of the organs of government, it can play a critical role in defining the content and evolution of both democracy and human rights. Even though a state party to numerous international human rights instruments, a critical analysis of Cameroon’s institutional mechanisms reveals that there is a conspicuous incompatibility between these institutional mechanisms and the ideals of democracy and human rights. More specifically, the power of the judiciary, as stipulated in the Constitution, is very limited. This parochial mandate has had a heavy toll on first, the democratic evolution of the country; and secondly, on ensuring the promotion, protection of, and respect for, human rights. This paper argues that the judiciary in Cameroon should play a role in enhancing democracy and human rights. To do this, the judiciary must undergo a paradigm shift from a complacent and disturbing judicial inertia to judicial activism.

scholarly journals Protection against Expulsion in the Law of European Convention on Human Rights

2018 ◽  
Vol 6 (2) ◽  
pp. 9
Author(s):  
Elżbieta Hanna Morawska
Keyword(s):  
Human Rights ◽  
Critical Analysis ◽  
Geneva Convention ◽  
European Convention ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
State Party ◽  
International Human Rights ◽  
The Status ◽  
International Human

The purpose of this article is to conduct a critical analysis of the premises of protection of an alien elaborated by the ECHR against arbitrary and ECHR-incompatible expulsion from the territory of the State Party to the ECHR. The scope of the institutionalization of the individual’s right of asylum in international human rights law was first discussed so as to provide the background of this prohibition. Subsequently, the article presents the process of an inclusion of the issue of expulsion of aliens to the scope of the prohibition of ill-treatment. Thanks to this extensive interpretation of the prohibition of ill-treatment, the ECtHR has developed a particular mechanism of protecting aliens from expulsion, both in the material and procedural dimension. As a result, protection against expulsion under Article 3 of the Convention is outlined more broadly than protection under the 1951 Geneva Convention relating to the Status of Refugees.

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.

The role of international human rights organisations in the context of the conflict in Eastern Ukraine

2021 ◽  
Vol 28 (1) ◽  
pp. 24-31
Author(s):  
Nina I. Karpachova
Keyword(s):  
Human Rights ◽  
Current Status ◽  
Human Rights Violations ◽  
International Human Rights ◽  
Quantitative And Qualitative Research ◽  
Human Rights Organizations ◽  
High Commissioner ◽  
Protection Of Human Rights ◽  
International Human

The task of this paper is to study the role of international human rights organizations in response to the conflict taking place in eastern Ukraine. The study is based on recent reports from the Office of the UN High Commissioner for Human Rights and the OSCE on Ukraine. The relevance of the stated topic is determined by the situation with human rights violations in the armed conflict in Ukraine and the significant role of international human rights organizations, making active efforts to resolve it. The purpose of this study is to determine the main aspects of the role that international organizations play in resolving this range of issues. This will help to identify potential opportunities to tackle the problem with human rights violations in the Ukrainian territories. The study combines quantitative and qualitative research of the entire spectrum of issues brought into the subject. The main results obtained are: analysis of the role and place of international human rights organizations in assessing the situation with the conflict in the Ukrainian territories and obtaining statistical information on the current status of human rights violations in these territories. The value of this paper lies in obtaining practical recommendations for finding ways to peacefully resolve the conflict in the East of Ukraine and implementing comprehensive measures to create conditions for the protection of human rights in this region

Migration and refugees: applying human rights to ‘everyone’?

2020 ◽  
pp. 129-140
Author(s):  
Michal Cenker ◽  
Daniel Holder
Keyword(s):  
Human Rights ◽  
Racial Discrimination ◽  
Migrant Worker ◽  
Host Countries ◽  
International Human Rights ◽  
International Convention ◽  
International Human ◽  
Prejudicial Attitudes ◽  
To Receive

Chapter 10 critically assesses the role of international human rights protections in promoting the rights of migrants and refugees in the context of globalisation, continuing global socio-economic inequalities and global conflict. While the whole concept of human rights rests on humanitarianism and not citizenship, international human rights mechanisms, such as the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), have often allowed states to apply restricted rights to non-citizens and while the UN Migrant Worker Convention exists, it remains the only core UN human rights instrument not to receive widespread ratification. This chapter discusses some of the issues which prevent the establishment of universal human rights protections for migrants and refugees, and how such protections have often been limited by a range of economic, political and security considerations along with prejudicial attitudes in potential host countries.

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