Politics of Human Rights in North Korea

2007 ◽  
Vol 42 (3-4) ◽  
pp. 233-244 ◽  
Author(s):  
Won Woong Lee

The international community is now paying more attention to `the systemic, widespread and grave violations of international human rights norms' (United Nations ECOSOC Resolution 1503, (1970) See Burgental (1995)) in North Korea due to its chronic famine and nuclear ambition. The issues and engagement politics regarding human rights in North Korea constitute hot political debates. There are three key factors to improve human rights status in North Korea: the consistent international censure; enlarging engagement and people contact through inter-Korean relations; and economic reform in North Korea. These factors are interrelated and affect each other. The crucial point is to press and induce the North Korean regime to a compromise path.

Author(s):  
Valentin Aichele

This chapter analyses the use and interpretation of the Convention on the Rights of Persons with Disabilities (CRPD) in sixty-nine decisions of German federal courts between 2009 and mid-2016. German courts’ failure to be proactive in demonstrating ‘friendliness towards public international law’ when dealing with international human rights norms has been criticised. The National CRPD Monitoring Mechanism addressed problems in the application of the law. This chapter investigates the courts’ understanding of basic CRPD concepts, judicial techniques, interpretation methods and specific CRPD provisions. The importance of the concepts of self-executing provisions and direct effect is discussed. In quantitative terms, German courts have referred to the CRPD more often than any other UN international human rights instrument. Furthermore, in qualitative terms, federal courts have become more receptive towards the CRPD. However, it is clear that much of the potential for courts to use the CRPD in the realisation of the rights of persons with disabilities remains untapped.


2020 ◽  
Vol 43 (3) ◽  
Author(s):  
Michael Kirby

This article examines the decision in Al-Kateb v Godwin (2004) 219 CLR 562. It revisits the suggested ‘heresy‘ that international human rights law may influence the interpretation of the Australian Constitution and other legal texts. Accessing universal human rights law, including in constitutional adjudication, was endorsed in the Bangalore Principles on the Domestic Application of International Human Rights Norms 1988. The author suggests that interpreting statutory language in this way is not dissimilar to the common-law principle of interpreting statutes so as to uphold basic rights. But should an analogous approach be permissible in deciding the meaning of constitutional language? Although arguably invoked by the majority of the High Court in Mabo v Queensland [No 2] (1992) 175 CLR 1, in the context of declaring the common-law, so far this approach has not been accepted for constitutional elaboration in Australia. But should this be so in the age of global problems and internationalism?


2012 ◽  
Vol 7 (2) ◽  
pp. 71-93
Author(s):  
Abamfo O. Atiemo

Abstract Incorporating international human rights provisions into domestic legislation and implementing them have always been a challenge for several African countries. This is especially so where religious and customary values are involved. The limitations of conventional approaches employing legislation, litigation and protests alone often become radically exposed in such contexts. This was illustrated by a long public debate that preceded the passage of Ghana’s Domestic Violence Act (Act 723), 2007. A national debate, facilitated by the proliferation of FM radio stations that employ both English and the leading mother-tongues, enabled citizens at the grassroots to also participate in the discussions. Using the debate mentioned above as a case-study, this article discusses constraints imposed on the growth of human rights culture in situations where religious and customary values are widely held. Since such values inspire behaviours and attitudes rooted in religious belief and custom, they remain largely resistant to purely secular methods. At the end the article proposes an integrative approach that combines conventional methods with religious and cultural resources in an effort to gain wide acceptance of international human rights norms in such societies.


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