middle-east-watch-news-vol10-no2-e-israels-record-of-occupation-violations-of-civil-and-political-rights-aug-1998-37-pp

Author(s):  
Başak Çali

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.


2021 ◽  
pp. 205789112199557
Author(s):  
Sujay Ghosh

‘Spillover democratisation’ is an ongoing process. It envisages that democratic values, institutions and practices continue to spread and evolve through various pathways – horizontal, geographical and vertical. Yet, possibilities also remain that anti-democracy forces may thwart the process. In Middle East and North Africa (MENA), social and economic rights were not accompanied by civil and political rights. The Arab Spring was a response to this gap: it raised the optimism of achieving democratisation in the MENA region, through geographical and horizontal pathways. However, the promise remains largely elusive at present; rather, we witness the cementing of existing anti-democratic forces. Yet, citizens’ innate support for democracy, sporadic pro-democracy activism and rising consumerism sustain the democratising potentials of the Arab Spring.


2018 ◽  
Vol 41 (1-2) ◽  
pp. 9-18
Author(s):  
Peter Crowley

Northern Ireland’s Troubles conflict, like many complex conflicts through the world, has often been conceived as considerably motivated by religious differences. This paper demonstrates that religion was often integrated into an ethno-religious identity that fueled sectarian conflict between Protestants and Catholics in Northern Ireland during the Troubles period. Instead of being a religious-based conflict, the conflict derived from historical divides of power, land ownership, and civil and political rights in Ireland over several centuries. It relies on 12 interviews, six Protestants and six Catholics, to measure their use of religious references when referring to their religious other. The paper concludes that in the overwhelming majority of cases, both groups did not use religious references, supporting the hypothesis on the integrated nature of ethnicity and religion during the Troubles. It offers grounding for looking into the complex nature of sectarian and seemingly religious conflicts throughout the world, including cases in which religion acts as more of a veneer to deeply rooted identities and historical narratives.


Author(s):  
Yogesh Tyagi

The golden jubilee of the International Covenant on Civil and Political Rights (ICCPR) coincides with the emergence of Asia as a centre of global attention. However, greater attention to Asia has been accompanied by some scepticism over its attitude towards human rights. The chapter provides an overall assessment of the impact of the ICCPR on the major Asian States, with an analysis of the factors affecting such influence. The chapter considers the involvement in, observance of, and compliance with the provisions of the ICCPR by these States. It further delves into the academic and judicial discourse on the ICCPR within these States, recording the domestic disposition towards judgments of foreign courts, the output of the Human Rights Committee, and the work of other international human rights bodies. It makes suggestions for developing mechanisms to improve the effectiveness of the ICCPR and for creating databases to perform further research in the area.


1978 ◽  
Vol 8 (1) ◽  
pp. 145-168 ◽  
Author(s):  
Vicente Navarro

This paper presents an analysis and critique of the U.S. government's current emphasis on human rights; and (a) its limited focus on only some civil and political components of the original U.N. Declaration of Human Rights, and (b) its disregard for economic and social rights such as the rights to work, fair wages, health, education, and social security. The paper discusses the reasons for that limited focus and argues that, contrary to what is widely presented in the media and academe: (1) civil and political rights are highly restricted in the U.S.; (2) those rights are further restricted in the U.S. when analyzed in their social and economic dimensions; (3) civil and political rights are not independent of but rather intrinsically related to and dependent on the existence of socioeconomic rights; (4) the definition of the nature and extension of human rights in their civil, political, social, and economic dimensions is not universal, but rather depends on the pattern of economic and political power relations particular to each society; and (5) the pattern of power relations in the U.S. society and the western system of power, based on the right to individual property and its concomitant class structure and relations, is incompatible with the full realization of human rights in their economic, social, political, and civil dimensions. This paper further indicates that U.S. financial and corporate capital, through its overwhelming influence over the organs of political power in the U.S. and over international bodies and agencies, is primarily responsible for the denial of the human rights of the U.S. population and many populations throughout the world as well.


2015 ◽  
Vol 22 (1) ◽  
pp. 101-127 ◽  
Author(s):  
Eddie Bruce-Jones

Sexuality-based refugee claims constitute an expanding area of legal practice and scholarship. This expansion in the field of refugee law mirrors international efforts to address homophobia in various sites around the globe, and in legal terms, this has predominantly taken the form of rights-based protections, such as decriminalising same-sex sexual acts as a matter of civil and political rights. The strategies of addressing sex-, gender- and sexuality-based oppression in the context of free movement on one hand and constitutional protections on the other share a common set of tensions and dilemmas, and both risk re-inscribing fundamental aspects of the very violence that they each seek to address. This article asks what it might mean to “queer” refugee law, particularly in the context of its dynamic relationship with the discourse of decriminalisation. The article takes forward the centrality of sexual politics within the moral economy of migration regulation and attempts to approach it with the methodological impulse and transformative potential that “queer” suggests.


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