Completing the Institutional Mechanism of the Arab Human Rights System

2017 ◽  
Vol 6 (1) ◽  
pp. 30-52
Author(s):  
Konstantinos D Magliveras
Keyword(s):  
Human Rights ◽  
Member States ◽  
Protection Mechanism ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Salient Features ◽  
Arab States ◽  
League Of Arab States ◽  
Institutional Mechanism

In September 2014, the Member States of the League of Arab States approved the Statute of the Arab Court of Human Rights finalising a 20-year process to put in place a human rights protection mechanism which resembles mechanisms operating in other regions. This article examines the defunct Arab Charter on Human Rights of 1994, the revised Human Rights Charter of 2004 as well as the mandate and the activities of the Arab Human Rights Committee. It then explains the drafting of the Court’s Statute, analyses the salient features of its Statute, which was concluded independently of the 2004 Charter, and makes pertinent comparisons with the European, Inter-American and African regional mechanisms.

1 The Court Over Sixty Years

2020 ◽  
Author(s):  
Nussberger Angelika
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Peace Treaty ◽  
Member States ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Definition Of ◽  
The Individual ◽  
Violent Conflicts

This introductory chapter provides a background of the European Convention on Human Rights (ECHR), a multilateral treaty based on humanism and rule of law. Similar to the—albeit non-binding—Universal Declaration of Human Rights (UDHR), the ECHR is a document that marks a change in philosophy and gives a new definition of the responsibility of the State towards the individual. It fixes basic values in times of change and paves the way towards reconciliation in Europe. Unlike in a peace treaty, not all wartime enemies participate in its elaboration, but, one by one, all the European States accede to it, signalling their consent to the values fixed by a small community of States in the early 1950s. Seven decades later, forty-seven European States have ratified the Convention. Admittedly, the new start based on common values could not prevent the outbreak of violent conflicts between Member States. At the same time, the resurgence of anti-democratic tendencies could not be successfully banned in all Member States, but such tendencies could be stigmatized as grave human rights violations in binding judgments of the European Court of Human Rights (ECtHR). Thus, it is not surprising that the European model of human rights protection has been attractive and inspirational for other parts of the world. Nevertheless, there was and is a debate in some Member States to withdraw from the Convention as the Court’s jurisprudence is seen to be too intrusive on national sovereignty.

scholarly journals SUSPENSION AND EXPULSION OF MEMBERS OF THE COUNCIL OF EUROPE: DIFFICULT DECISIONS IN TROUBLED TIMES

2019 ◽  
Vol 68 (2) ◽  
pp. 443-476
Author(s):  
Kanstantsin Dzehtsiarou ◽  
Donal K Coffey
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
Financial Stability ◽  
Council Of Europe ◽  
Member States ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Current State ◽  
State Of Affairs

AbstractThe effectiveness and legitimacy of the Council of Europe can be undermined by the actions of Member States which fail to comply with their international law obligations of genuine cooperation with the organization. This article first briefly examines the practice of international organizations in applying sanctions such as expulsion and suspension to their members. It then explains why it is necessary to discuss potential sanctions that the Council can apply in the context of current controversies involving the Council and Member States. It will be argued that the scale and intensity of challenges distinguish the current state of affairs from other ‘problematic’ periods in the Council's history. It proceeds to outline the considerations that should be taken into account in deciding whether a Member State should be suspended or expelled. These considerations include the implications of sanctions on the legitimacy of the Council of Europe, the level of human rights protection and the financial stability of the organization.

The Council of Europe, Rights and Political Authority

2013 ◽  
Vol 21 (1) ◽  
pp. 118-134 ◽  
Author(s):  
Kundai Sithole
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Political Authority ◽  
European Convention ◽  
Council Of Europe ◽  
Member States ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Regional Organisations ◽  
Post War

This paper examines the importance of human rights protection – in particular the European Convention on Human Rights – to the Council of Europe's survival as a political authority. Its underlying premise is that the proliferation of regional organisations in Europe in post-war Europe, and the creation of the Communities in 1958, contributed to a loss of a sense of purpose as to the Council of Europe's role in post-war Europe. Initial attempts to widen the scope of its political authority in relation to the Member States and other regional organisations were unsuccessful. It was, therefore, necessary for the Council of Europe to consolidate its existing mandate in ensuring the region's democratic security through human rights protection. Thus, led by its Parliamentary Assembly, Council of Europe institutions have, since 1949, provided the Member States with the necessary regional fora for examining and promulgating regional human rights legislation, such as the European Convention on Human Rights and its two additional protocols abolishing the death penalty.

scholarly journals PROTECTION OF HUMAN RIGHTS IN SOUTHEAST ASIA WITH SPECIAL REFERENCE TO THE ROHINGYA IN MYANMAR: A CRITICAL STUDY OF THE EFFECT OF ASEAN’S POLICY AND ACTION ON ASEAN INTERGOVERNMENTAL COMMISSION ON HUMAN RIGHTS (AICHR)

2019 ◽  
Vol 3 (2) ◽  
pp. 161-180
Author(s):  
Rachminawati ◽  
Khairil Azmin Mokhtar
Keyword(s):  
Human Rights ◽  
Critical Study ◽  
South East Asia ◽  
Legal Research ◽  
Member States ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
Asean Countries ◽  
Rights Issues

AbstractSince its inception over four decades ago ASEAN has always worked towards improving the lives of its citizens. Year 2009 has opened another chapter with the inauguration of AICHR pursuant to Article 14 of the ASEAN Charter at the 15th ASEAN Summit. Since then AICHR has conducted various activities. In the midst of these ‘progress’ the vital question remains unanswered; To what extent AICHR has been successful in protecting human rights of citizens in ASEAN countries? This shall be answered through qualitative legal research. This study serves as an analytical basis to predict the future development of the AICHR as well as human rights protection in South East Asia. Furthermore, it contributes to the reform of both ASEAN and AICHR toward implementation of human rights in the region. This research focuses on human rights issues of the Rohingya in Myanmar whereby ASEAN’s policy and action relating to the issue are examined. The finding shows that the policy and action of ASEAN does not provide much support in protecting the rights of the Rohingya. On the contrary, the policy has hindered the effort of AICHR in protecting human rights. AICHR is considered not independent since it almost completely relies on ASEAN. As therefore, it is recommended that ASEAN and its member states take real and concrete measures to protect human rights. Hence, to achieve AICHR and ASEAN’s objectives, lASEAN and its member states must respect human rights and support AICHR with necessary power and measure. Keywords: AICHR, ASEAN, Human Rights, Myanmar, Rohingya.   Abstrak Sejak kelahirannya empat dekade yang lalu, ASEAN selalu berupaya meningkatkan taraf hidup rakyatnya. Tahun 2009 membuka lembaran baru ASEAN dengan adanya inaugurasi AICHR berdasarkan Pasal 14 dari Piagam ASEAN pada Konferensi Tingkat Tinggi ASEAN ke-15. Semenjak itu, AICHR telah melaksanakan berbagai kegiatan. Dalam perkembangannya, masih terdapat pertanyaan penting yang belum terjawab; sejauh mana keberhasilan AICHR dalam melindungi hak asasi dari warga negara-negara di ASEAN? Untuk menjawabnya, pertanyaan ini akan dijawab melalui penelitian hukum kualitatif. Penelitian ini berfungsi sebagai dasar analisis untuk memprediksi perkembangan AICHR juga perlindungan HAM di ASEAN. Selain itu, penelitian ini diharapkan dapat memberikan berkontribusi terhadap reformasi ASEAN dan juga AICHR dalam perlindungan HAM di ASEAN. Penelitian ini memfokuskan pada isu HAM kelompok Rohingya di Myanmar dengan menelaah kebijakan dan tindakan ASEAN terhadap isu tersebut. Hasil penelitian menunjukkan bahwa kebijakan dan tindakan ASEAN tidak memberikan cukup dukungan dalam perlindungan HAM terhadap Rohingya, namun sebaliknya, kebijakan-kebijakan yang ada telah menghalangi upaya AICHR dalam melindungi HAM. Sehingga AICHR tidak benar-benar independen sebab AICHR bergantung nyaris sepenuhnya pada ASEAN. Oleh karenanya, ASEAN dan negara-negara anggotanya sebaiknya melakukan berbagai upaya yang nyata dan konkret untuk melindungi HAM. Agar AICHR bisa merealisasikan maksud dan tujuannya, ASEAN dan negara-negara anggotanya harus menghormati HAM dan mendukung AICHR melalui berbagai upaya dan kekuatan yang diperlukan. Kata Kunci: AICHR, ASEAN, Hak Asasi Manusia, Myanmar, Rohingya

scholarly journals CONSTITUTIONALLY LEGAL MECHANISM FOR ENSURING RIGHTS AND FREEDOMS OF A PERSON AND A CITIZEN: CONCEPTS AND DIRECTIONS TO ACT

2021 ◽  
pp. 6-12
Author(s):  
Yuriy Bysaga
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Protection Mechanism ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Definition Of ◽  
Fundamental Rights And Freedoms ◽  
Legal Mechanism

One of the indicators of the fulfillment of international obligations by the state in the field of human rights is the perfect definition of the mechanism for ensuring the rights and freedoms of a person and a citizen. The purpose of this article is to clarify the concepts and directions of the constitutional and legal mechanism for ensuring the rights and freedoms of a person and a citizen. The methodological basis of the conducted research is the general methods of scientific cognitivism as well as concerning those used in legal science: methods of analysis and synthesis, formal logic, comparative law etc. The rights and freedoms of a person are complex. Structural elements of the human rights protection mechanism are the mechanism of legal influence in the field of human rights, the mechanism of legal regulation in the field of human rights, the legal framework of human rights, the system of human rights guarantees, and the system of human rights protection. Such legal phenomena as the mechanism of guaranteeing the fundamental rights and freedoms of citizens and the constitutional and legal mechanism of ensuring the fundamental rights and freedoms of citizens are not identical. Only the mechanism of guaranteeing the fundamental rights and freedoms of citizens contains both social and legal conditions and means that ensure the realization, protection and security of citizens' rights and freedoms. The definition of the concept of constitutional and legal mechanism for ensuring the rights and freedoms of a person and a citizen has been clarified: this is the system of organizational and legal and legal means of influence, through which opportunities for the implementation of rights and freedoms of a person and a citizen are created, and in case of violation or threat of violation, their protection is exercised by the bodies which are not vested with jurisdiction and the protection of bodies vested with jurisdiction. The main activities of this mechanism are embodied into the forms of ensuring the constitutional rights and freedoms of a person and a citizen: ensuring the implementation, protection and security of these rights and freedoms

The asean Human Rights Declaration

2014 ◽  
Vol 3 (2) ◽  
pp. 183-208 ◽  
Author(s):  
Gino J. Naldi ◽  
Konstantinos D. Magliveras
Keyword(s):  
Human Rights ◽  
Present Article ◽  
The Other ◽  
Comparative Approach ◽  
Bill Of Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Three Generations ◽  
Regional Systems ◽  
Salient Features

The adoption of the asean Human Rights Declaration in November 2012 marks the latest addition in the armoury of regional human rights protection. Even though it does not create a treaty based regime, it does incorporate all three ‘generations’ of human rights. The purpose of the present article is to examine the salient features of the Declaration not only by taking a comparative approach vis-à-vis the other regional systems but also by referring to the International Bill of Rights. The article also covers the asean Intergovernmental Commission on Human Rights inaugurated in October 2009 and suggests ways to augment the Declaration’s effectiveness through the work of the Commission.

EU migration policy and human rights

2020 ◽  
pp. 438-456
Author(s):  
Elina Pirjatanniemi ◽  
Maija Mustaniemi-Laakso
Keyword(s):  
Human Rights ◽  
Migration Policy ◽  
Reform Process ◽  
Member States ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Solid Foundation ◽  
Current Reform ◽  
The Common ◽  
The Eu

This chapter presents some of the tensions in the objectives and rationales between the fields of immigration control and human rights protection in the current EU migration policies. As it stands today, the common EU policy on asylum appears to struggle to find a solid foundation and solutions in regard of both solidarity among the different EU states and the effective realisation of human rights. The focus on securitisation and policies of non-entrée in the EU asylum structures together with a lack of solidarity among Member States have contributed to a situation where the protection of refugees has in many ways had to give way to strategic considerations of migration management. With this background, the chapter addresses the current reform process of the joint EU asylum system as an opening to opt for an approach that more coherently recognises the human rights obligations that the EU and its Member States owe to asylum seekers and migrants.

scholarly journals Human rights violation: Responsibility of international organizations or of their member states

2012 ◽  
Vol 64 (4) ◽  
pp. 507-527
Author(s):  
Jelena Stojsic
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
International System ◽  
Member States ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Indirect Control ◽  
European Court ◽  
International Instruments ◽  
Human Rights Violation

Although international organizations as subjects of international law are obliged to respect fundamental human rights in their acting, a very small number of them are contracting parties to international instruments for human rights protection, unlike their member states, which are contracting parties to many of them. As international organizations take more and more activities that can and often result in violation of human rights there is an obvious problem to what forum victims of those violations can turn to for determining responsibility of the international organization. The European Court of Human Rights and the European Court of Justice have developed through their practices modalities for indirect control of acts of international organizations by controlling the acts of their member states, which result from their duties as members of those organizations. The paper assumes that such control is efficient and that it fills the void in the international system of determining responsibility for violation of human rights through acts of international organizations according to which, the states basically keep on being responsible for violation of human rights.

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