Recourse to Human Rights Treaty Bodies for Monitoring of the Refugee Convention

2002 ◽  
Vol 20 (1) ◽  
pp. 53-74 ◽  
Author(s):  
Saul Takahashi
Keyword(s):  
Human Rights ◽  
Monitoring Methods ◽  
Refugee Convention ◽  
Body Model ◽  
Number Of Factors ◽  
The World ◽  
Monitoring Mechanism ◽  
The Status ◽  
Treaty Body ◽  
Refugee Issues

Nearly all human rights conventions adopt the treaty body model to monitor states parties' implementation of their treaty obligations. This monitoring mechanism provides for a quasi judicial committee, far detached from sites of many of the human rights violations it reviews. On the other hand, there is no such treaty body for the 1951 Convention relating to the Status of Refugees. Rather, there is the UNHCR; a large operational agency with offices all over the world, including in sites of refugee emergencies. Effective monitoring of human rights conventions would seem to require a number of factors, including independence and transparency. Legitimate monitoring would have to be strong, and would have to be seen to be strong. Criticism raised in recent years of UNHCR's monitoring methods are largely based on frustration with these points. This paper will examine these issues, and also examine whether recourse to the treaty bodies really provides an adequate remedy for refugee rights. The argument of this paper is that while the UNHCR's monitoring of the Refugee Convention is problematic in many respects, the monitoring of refugee issues by the treaty bodies is in many ways incomplete and inconsistent, and that the treaty body model does not provide refugee advocates with a comprehensive solution.

Claiming Rights across Borders: International Human Rights and Democratic Sovereignty

2009 ◽  
Vol 103 (4) ◽  
pp. 691-704 ◽  
Author(s):  
SEYLA BENHABIB
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights ◽  
Liberal Democracies ◽  
Political Issue ◽  
The World ◽  
The Status ◽  
Global Constitutionalism ◽  
Self Rule ◽  
Human Rights Norms

The status of international law and transnational legal agreements with respect to the sovereignty claims of liberal democracies has become a highly contentious theoretical and political issue. Although recent European discussions focus on global constitutionalism, there is increasing reticence on the part of many that prospects of a world constitution are neither desirable nor salutary. This article more closely considers criticisms of these legal transformations by distinguishing the nationalist from democratic sovereigntiste positions, and both, from diagnoses that see the universalization of human rights norms either as the Trojan horse of a global empire or as neocolonialist intentions to assert imperial control over the world. These critics ignore “the jurisgenerativity of law.” Although democratic sovereigntistes are wrong in minimizing how human rights norms improve democratic self-rule; global constitutionalists are also wrong in minimizing the extent to which cosmopolitan norms require local contextualization, interpretation, and vernacularization by self-governing peoples.

Strategies for Reform: Facilitating Intersectionality in Human Rights Advocacy

2021 ◽  
pp. 209-244
Author(s):  
Johanna Bond
Keyword(s):  
Human Rights ◽  
Institutional Culture ◽  
Human Rights Violations ◽  
Body System ◽  
International Human Rights ◽  
Intersectional Analysis ◽  
The World ◽  
Treaty Body ◽  
Human Rights Advocacy ◽  
International Human

An intersectional human rights framework offers victims of human rights violations the best chance to recover remedies that fully address the complex and structural dimensions of the violations. To be effective within any national, regional, or international human rights system, however, intersectionality must be part of the institutional culture. Members of the human rights bodies must be conversant with the theory and comfortable applying it in a variety of human rights scenarios. Chapter 7 explored the ways in which NGOs can facilitate intersectional analysis by engaging human rights bodies in the discourse of intersectionality. This chapter examines structural reforms within the UN human rights system that will foster intersectional analysis. Breaking down the silos in the treaty body system and creating opportunities for collaboration will help to facilitate system-wide intersectional analysis, all of which will benefit victims of human rights violations around the world.

scholarly journals Human Rights: Illusion or Reality; Theological (Shiite) Perspective (Part 2)

2015 ◽  
Vol 6 (2) ◽  
pp. 26-37
Author(s):  
Ali Jamkarani
Keyword(s):  
Human Rights ◽  
Human Right ◽  
The World ◽  
Logical Reason ◽  
The Status ◽  
History Of ◽  
Great Sphere ◽  
The Right ◽  
Human Rights History ◽  
Different Parts

The discussion is based around these issues, history of Human Rights, timeline for Human Rights history, question asked in this regard and enemy and friend of ‘human rights’. Describing the problems and its resolve from logical reasoning perspective; intellectual argumentation based on logical reason of, what is universal human right, democracy and illegal wars in the world by super powers as example America? Attempt to describe the inner construction of a human being-perfection-. Introduction to the concept of infallibility in different parts in the article, purify yourself and being purified. What is it, is it possible for a creation named human to be not fallible, is the idea or practicing it impossible or there is a great sphere of being able to practicing it and reaching the status if one finds guidance for the right way with peace and human rights prevailed in the world. Majority of the thought in the text, based on hadith-tradition- from the Prophet of Islam Peace upon Him and His family Ahl al-Bait Peace upon Them.

scholarly journals THE IMPORTANCE OF PREVENTIVE MONITORING MECHANISM ON REPLACEMENT OF PASSPORT DUE TO FORCE MAJEURE

2020 ◽  
Vol 2 (2) ◽  
pp. 51-62
Author(s):  
Muhammad Alvi Ghazy ◽  
Tony Mirwanto
Keyword(s):  
Human Rights ◽  
Traffic Flow ◽  
Immigration Law ◽  
Economic Sector ◽  
Legal Certainty ◽  
Force Majeure ◽  
The World ◽  
Monitoring Mechanism ◽  
The Relationship ◽  
Laws And Regulations

The mobility of the world's population in the era of globalization has an impact on a country, both positive and negative. Each country must respond carefully so that it does not cause losses to various sectors, one of which is the economic sector and the relationship between countries which can be stretched. Therefore, it is necessary to control the traffic that enters and leaves a country. In minimizing activities that violate the traffic flow of people in the world, especially in Indonesia, laws and regulations that ensure legal certainty protect, respect and declare the human rights of an individual is needed. This can be seen in the implementation and application of many laws in Indonesia, for example the implementation of the immigration law. In its application, the application and application of the immigration law in Indonesia leads to better things than before, including in matters relating to a force majeure.

scholarly journals Human Rights: Illusion or Reality; Theological (Shiite) Perspective

2015 ◽  
Vol 6 (1) ◽  
pp. 15-21
Author(s):  
Ali Jamkarani
Keyword(s):  
Human Rights ◽  
Human Right ◽  
The World ◽  
Logical Reason ◽  
The Status ◽  
History Of ◽  
Great Sphere ◽  
The Right ◽  
Human Rights History ◽  
Different Parts

The discussion is based around these issues, history of Human Rights, timeline for Human Rights history, question asked in this regard and enemy and friend of ‘human rights’. Describing the problems and its resolve from logical reasoning perspective; intellectual argumentation based on logical reason of, what is universal human right, democracy and illegal wars in the world by super powers as example America? Attempt to describe the inner construction of a human being-perfection-. Introduction to the concept of infallibility in different parts in the article, purify yourself and being purified. What is it, is it possible for a creation named human to be not fallible, is the idea or practicing it impossible or there is a great sphere of being able to practicing it and reaching the status if one finds guidance for the right way with peace and human rights prevailed in the world. Majority of the thought in the text, based on hadith-tradition- from the Prophet of Islam Peace upon Him and His family Ahl al-Bait Peace upon Them.Bangladesh Journal of Bioethics 2015 Vol.6 (1):15-21.

scholarly journals THE PROBLEM OF LANGUAGE IN THE PROCEDURE FOR GRANTING REFUGEE STATUS

2013 ◽  
Vol 34 (1) ◽  
pp. 129-140
Author(s):  
Magdalena Perkowska ◽  
Emilia Jurgielewicz
Keyword(s):  
Human Rights ◽  
Refugee Status ◽  
The World ◽  
Fundamental Freedoms ◽  
Administrative Agencies ◽  
The Status ◽  
Protection Of Human Rights ◽  
The Republic

Abstract Refugees constitute one of the most serious international problems that the world faces today. The problem of guarantee of access to a language that is understood by the applicant in the procedure for granting refugee status, presented in this paper, is strongly associated with this matter. Due to the fact that this is an issue which affects a considerable number of states, both interna- tional and domestic regulations concerning the granting of refugee status were selected for examination in the present paper. The provisions of the Convention relating to the Status of Refugees, the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as of the Act of 13 June 2003 on granting protection to foreigners within the territory of the Republic of Poland were considered. The paper focuses on an analysis of the guarantee to make provision for communication in an understandable language, which does not create a barrier for the person applying for refugee status while communicating with administrative agencies that are decisive in granting the aforementioned status.

scholarly journals Work in Progress: Twenty-five Years of the Convention on the Rights of the Child.” The General Measures of Implementation Across the Globe

2014 ◽  
Vol 1 (1) ◽  
Author(s):  
Tara Collins ◽  
Lisa Wolff
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
The State ◽  
Law Reform ◽  
Work In Progress ◽  
Rights Of The Child ◽  
Important Measure ◽  
The World ◽  
The Status ◽  
Policies And Programs

Since its adoption twenty-five years ago, the Convention on the Rights of the Child (CRC) has guided many actors and institutions around the world in relation to children. Yet, what influence has it had upon legislation, policies and programs, and what progress has occurred for children? An important measure of its impact is the status of the General Measures of the Implementation of the CRC, which the UN Committee on the Rights of the Child has identified as a foundational requirement of the framework of action. Focusing on law reform, budgeting, monitoring, and independent human rights institutions, this paper describes the state ofthese general measures with examples in different countries around the world to confirm the CRC's significance in governance and public policy. It is submitted that the CRC has been influential in public policy and that there is much more room for progress guided by the CRC. The paper concludes with recommendations for CRC states parties.

An epidemiology, evolution, transmission, and therapeutics of COVID-19 Outbreak: an update on the status

Coronaviruses ◽  
2021 ◽  
Vol 02 ◽  
Author(s):  
Karan Singh ◽  
Amit Kumar Mittal ◽  
Akash Gujral
Keyword(s):  
Etiologic Agent ◽  
World Health ◽  
Unknown Etiology ◽  
Number Of Factors ◽  
The World ◽  
The Status ◽  
Pharmaceutical Industries ◽  
Genome Level ◽  
Health Organization ◽  
Demographic Distribution

: Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) is an etiologic agent of the respiratory disease in humans that is known as coronavirus disease 2019 (COVID-19). The beginning of the outbreak of the disease was initially reported in Wuhan, Hubei Province, China in December 2019 where patients had felt SARS pneumonia-like symptoms with unknown etiology. Since then it has been noticed that SARS-CoV-2 positive patients have been showing mild to severe upper respiratory illness.SARS-CoV-2 belongs to the class of Coronavirus which is known to make its transfer from animals to humans and for the concerned virus;investigators haveclaimed its origin from bat coronavirus at whole-genome level with a 96% sequence identity. The COVID-19 virus is extremely contagious and communicable in nature and has spread across the world since its first outbreak documented in Wuhan, China. On March 9, 2020, World Health Organization (WHO)declared it as a Pandemic, and within a month it was already reported to have shown its presence in 213 countries and territories or areas. As of Nov15, 2020,this novel virus infectedapprox. 53.7 millionpeople and caused1.3 millionmortalities worldwide.However, the mortality rate varied between 3-13% and was influenced by a number of factors including the demographic distribution and may be age, co morbidities, etc. Diagnosis of the disease is a key component of controlling the spread of the virus and several techniques including RT-PCR, ELISA, and sequencing-based approaches are in use. To cure COVID-19 patients as of now we do not have proven to be a safe and effective treatment. Currently, there is no safe and effective for the disease. Furthermore, various pharmaceutical industries working on the vaccine developments, which are under progress with final stages of clinical studies. Therapeutic options are also currently under investigation in the various regions of the world. However, there are various potential therapeutic targets to repurpose the present antiviral therapy for developing potential interventions against SARS-CoV-2 infection. Boosting the immune system can also help to prevent and spread of COVID-19using various medication and exercises. Here, this review summarize and discussed the epidemiology, evolution, transmission, and therapeutics scientific advancements related to this novel pandemic.

scholarly journals The Refugee Convention in the 21st Century

2018 ◽  
Vol 49 (4) ◽  
pp. 477
Author(s):  
Susan Glazebrook
Keyword(s):  
Climate Change ◽  
21St Century ◽  
Internally Displaced Persons ◽  
Refugee Convention ◽  
Internally Displaced ◽  
Humanitarian Crises ◽  
The World ◽  
The Status ◽  
Women And Children ◽  
Syrian Conflict

Over the last decade a series of humanitarian crises such as the Syrian conflict has seen an explosion in the number of refugees and internally displaced persons around the world. The resulting unprecedented movement of people has placed a strain on the 1951 Convention relating to the Status of Refugees. This article discusses the operation of the Convention in the 21st century, with a particular focus on the position of women and children. It analyses whether the Convention is adequately protecting the needs of the world's refugees in light of the current crises and other challenges such as climate change. Alternative international initiatives are also discussed.   

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