Enhancing Human Rights Protection through Procedure: Procedural Rights and Guarantees Derived from Substantial Norms in Human Rights Treaties

2009 ◽  
pp. 793-812
Author(s):  
María Pía Carazo
Keyword(s):  
Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Treaties ◽  
Procedural Rights

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.

25. International Human Rights Law

2018 ◽  
Author(s):  
Nigel Rodley
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Political Factors ◽  
International Protection ◽  
Human Rights Protection ◽  
Cultural Rights ◽  
Rights Protection ◽  
Human Rights Treaties ◽  
Protection Of Human Rights

This chapter considers the background to, and current developments concerning the manner in which international law has engaged with the protection of human rights, including both civil and political rights and economic, social, and cultural rights. It looks at historical, philosophical, and political factors which have shaped our understanding of human rights and the current systems of international protection. It focuses on the systems of protection developed by and through the United Nations through the ‘International Bill of Rights’, including the Universal Declaration of Human Rights, the UN human rights treaties and treaty bodies, and the UN Special Procedures as well as the work of the Human Rights Council. It also looks at the systems of regional human rights protection which have been established.

9. International human rights law

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
Primary Sources ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Treaties ◽  
Protection Of Human Rights ◽  
Enforcement Mechanisms ◽  
Second World

This chapter discusses the system of human rights protection that has emerged since the end of the Second World War. It begins in Section 9.2 with the primary sources of human rights law before Section 9.3 discusses the different categories of human rights. Section 9.4 discusses the obligation on states to offer protection to individuals from the acts of other private individuals. Section 9.5 provides an overview of the enforcement mechanisms in the UN and Section 9.6 focuses on the regional protection of human rights. Section 9.7 discusses the territorial scope of human rights treaties and Section 9.8 concerns the application of human rights in times of public emergency.

scholarly journals Corporate Social Responsibility (CSR): An Accommodating Tool for Business Enterprises to Respect Human Rights

2013 ◽  
pp. 208-218
Author(s):  
Amarjibi Ghimire
Keyword(s):  
Human Rights ◽  
Corporate Social Responsibility ◽  
Human Right ◽  
Corporate Behavior ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Treaties ◽  
Business Enterprises ◽  
Corporate Social

This article articulates on number of issues on CSR with an analysis of the importance in safeguarding human rights. It explains the comprehendible understanding of CSR and how it has evolved. Further, it highlights what should be the role of human right commission of Nepal in promoting CSR and what should be the corporate behavior of business enterprises under CSR in Nepal upon examination of human rights treaties and exploration of the specific business risks posed by the CSR dilemma. It makes some suggestions on range of actions that responsible business enterprises can take in order to respect and encourage human rights protection.

Historical Background: Towards a Human Rights Treaty for Disabled People

2021 ◽  
pp. 11-28
Author(s):  
Gauthier de Beco
Keyword(s):  
Human Rights ◽  
Historical Background ◽  
Disabled People ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Rights Of The Child ◽  
Substantive Equality ◽  
Human Rights Treaties ◽  
International Instruments

This chapter follows the path towards the enactment of the CRPD. It looks at the preceding international instruments on disability as well as the steps taken to elaborate a legally binding international instrument. It goes on to evaluate the way in which the Convention distinguishes itself from other human rights treaties. It not only discusses the role of the prohibition of discrimination with regard to disabled people as well as its potential to address their marginalisation but also analyses any resemblances between the CRPD and the Convention on the Rights of the Child. It moreover examines how the CRPD has improved human rights protection generally by advancing the principle of substantive equality.

20. Regional protection

2017 ◽  
Author(s):  
Başak Çalı
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
Bill Of Rights ◽  
Human Rights Protection ◽  
Cultural Rights ◽  
Rights Protection ◽  
Regional Systems ◽  
Human Rights Treaties ◽  
Recent Developments ◽  
Complementary Nature

This chapter discusses regional systems of human rights protection. The complementary nature of these systems to the efforts of the UN is discussed. However, there is also competition. This chapter maps the regional human rights treaties and declarations in different parts of the world and compares their scope with the International Bill of Rights, composed of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights. The regional human rights institutions are also discussed. The interpretive tools adopted by regional human rights bodies are considered. The chapter concludes with a discussion of the future prospects for interaction between regional and UN human rights institutions, in particular, in light of the recent developments that have been undertaken by the League of Arab States and the Association of Southeast Asian Nations.

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.

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.

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