Human Rights and Development: Some Institutional Perspectives

2007 ◽  
Vol 25 (3) ◽  
pp. 459-504 ◽  
Author(s):  
Siobhán McInerney-Lankford
Keyword(s):  
Human Rights ◽  
Critical Comment ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Policy And Practice ◽  
International Human Rights ◽  
Specific Nature ◽  
Starting Point ◽  
The Relationship ◽  
Academic Debate

The relationship between human rights and development endures as a subject of lively academic debate and critical comment. In this piece, the author offers some institutionally based perspectives on the nature of that relationship, which take as their starting point the principles and obligations of international human rights law. The article begins by examining the intersection of human rights and development at three distinct but interrelated levels: factual or substantive overlap, principles and obligations, and goes on to argue that aspects of each have been neglected in contemporary analyses. The article argues for clarity about the specific nature of the overlap and the emerging convergence between the two areas, and the particular need to revisit the issue human rights obligations. Following from this theoretic framework, the article proceeds to a discussion of the challenges faced by development actors in attempts to integrate human rights into developments policy and practice. The article argues that the significance of these challenges has not been fully appreciated, nor the potential of existing human rights obligations and frameworks to address them fully harnessed.

COVID-19, Business, and Human Rights

2021 ◽  
Vol 23 (5) ◽  
pp. 433-449
Author(s):  
Surya Deva
Keyword(s):  
Human Rights ◽  
Full Range ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Economic Problems ◽  
Business And Human Rights ◽  
Starting Point ◽  
Good Starting Point ◽  
International Human

Abstract COVID-19 has affected the full range of human rights, though some rights holders have experienced a disproportionate impact. This has triggered debate about the respective obligations and responsibilities of states and business enterprises under international human rights law. Against this backdrop, this article examines critically whether the “protect, respect and remedy” framework operationalised by the UN Guiding Principles on Business and Human Rights is “fit for the purpose” to deal with the COVID-19 crisis. I argue that while the UNGPs’ framework provides a good starting point, it is inadequate to bring transformative changes to overcome deep-rooted socio-economic problems exposed by this pandemic. Realising human rights fully would not only require harnessing the potential of states’ tripartite obligations, but also move beyond limiting the responsibility of businesses to respect human rights.

scholarly journals Are Rights Out of Time? International Human Rights Law, Temporality, and Radical Social Change

2018 ◽  
Vol 28 (6) ◽  
pp. 817-838 ◽  
Author(s):  
Kathryn McNeilly
Keyword(s):  
Human Rights ◽  
Social Change ◽  
20Th Century ◽  
Judith Butler ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Future ◽  
International Human ◽  
The Relationship

Human rights were a defining discourse of the 20th century. The opening decades of the twenty-first, however, have witnessed increasing claims that the time of this discourse as an emancipatory tool is up. Focusing on international human rights law, I offer a response to these claims. Drawing from Elizabeth Grosz, Drucilla Cornell and Judith Butler, I propose that a productive future for this area of law in facilitating radical social change can be envisaged by considering more closely the relationship between human rights and temporality and by thinking through a conception of rights which is untimely. This involves abandoning commitment to linearity, progression and predictability in understanding international human rights law and its development and viewing such as based on a conception of the future that is unknown and uncontrollable, that does not progressively follow from the present, and that is open to embrace of the new.

Translating International Law into Domestic Law, Policy, and Practice

2020 ◽  
pp. 113-132
Author(s):  
Gillian MacNaughton ◽  
Angela Duger
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Policy And Practice ◽  
International Human Rights ◽  
International Human ◽  
Judicial Actions ◽  
Domestic Law ◽  
Subnational Governments

This chapter provides an overview of the means through which international human rights law is translated into domestic law, policy, and practice. To have an influence on public health, international human rights law must be translated into domestic action. As international human rights law is largely state centered, it relies upon national and subnational governments to implement it—to promote and protect human rights and to provide remedies to victims of human rights violations. Based upon international rules on domestic implementation, there are four general approaches to translate international law into domestic action: human rights education, policymaking, judicial actions, and engagement with international human rights mechanisms. National and subnational governments use these four approaches to translate international human rights law into domestic law, policy, and practice for health, while nongovernmental organizations and international human rights mechanisms play important roles in monitoring these processes.

Title to Territory and JurisdictionThree and a Half Models

2020 ◽  
pp. 159-181
Author(s):  
Lea Raible
Keyword(s):  
Human Rights ◽  
International Law ◽  
Political Power ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Relationship Of ◽  
The Relationship

The very term ‘extraterritoriality’ implies that territory is significant. So far, however, my argument focuses on jurisdiction rather than territory. This chapter adds clarifications in this area. It examines the relationship of jurisdiction in international human rights law, whether understood as political power or not, and title to territory in international law. To this end, I start by looking at what international law has to say about jurisdiction as understood in international human rights law, and territory, respectively. The conclusion of the survey is that the two concepts serve different normative purposes, are underpinned by different values, and that they are thus not the same. Accordingly, an account of their relationship should be approached with conceptual care.

25. International humanitarian law

2017 ◽  
Author(s):  
Sandesh Sivakumaran
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Relationship ◽  
Two Bodies

This chapter examines international humanitarian law, the principal body of international law which applies in times of armed conflict, and which seeks to balance the violence inherent in an armed conflict with the dictates of humanity. International humanitarian law protects the civilian population from the ravages of conflict, and establishes limitations on the means and methods of combat. The chapter is organized as follows. Section 2 considers the nature of international humanitarian law and identifies some of its cardinal principles and key rules. Section 3 explores the similarities and differences between international humanitarian law and international human rights law, comparing and contrasting their historical origins and conceptual approaches. Given that international humanitarian law applies during armed conflict, Section 4 considers whether there is a need for international human rights law also to apply. Section 5 ascertains the relationship between the two bodies of law and Section 6 considers some of the difficulties with the application of international human rights law in time of armed conflict.

Towards a Subaltern Theory of Human Rights

Global Jurist ◽  
2009 ◽  
Vol 9 (2) ◽  
pp. 1-25 ◽  
Author(s):  
Oche Onazi
Keyword(s):  
Human Rights ◽  
Legal Pluralism ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Third ◽  
Upendra Baxi ◽  
International Human ◽  
Subaltern Theory ◽  
The Relationship

This article aims to provide the justification for a subaltern theory of human rights. It explains the desirability of interpretative strategies that reveal the role, knowledge, contributions and sources that depict subaltern human rights perspectives. In particular, it considers the work of Boaventura de Sousa Santos, whose various writings directly or indirectly address the central issues relating to human rights from these perspectives. It subsequently explores the relationship between Santos and other protagonists, such as Upendra Baxi. These perspectives are then correlated with the view that the optimism for subaltern human rights may seem an insurmountable challenge given that this is hinged on the possibilities of a relationship with law. The justification or indeed legitimacy of subaltern views of human rights rests squarely on the degree to which such claims can be concretized into law. For instance, the state-centric nature of international human rights law is closed to initiatives that fall beyond its scope. As a consequence, the final preoccupation in this article is to propose the deconstruction of human rights into a plural discourse of its law and jurisprudence. This, to me, rests on the possibility of extrapolating a view of human rights from the notion of legal pluralism. The article is structured into the following parts. The first fleshes out an understanding of the subaltern concept. The second part locates the subaltern within the context of Santos' work on globalization; here, an attempt is made to correlate the relationship between globalization and human rights, particularly from the perspectives of the subaltern. The third part considers the loose connection of previous sections with the prospective theory of subaltern human rights and, ultimately, how legal pluralism supports this endeavor.

scholarly journals The Relationship between IHL and IHRL in Peacekeeping Operations: Articulating the Emerging AU Position

2017 ◽  
Vol 61 (1) ◽  
pp. 1-22 ◽  
Author(s):  
James Fowkes
Keyword(s):  
Human Rights ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Peacekeeping Operations ◽  
International Human ◽  
The Relationship ◽  
Two Bodies

AbstractModern peacekeeping is increasingly expansive, and much of it occurs in Africa. The African Union's attitude to the challenges of regulating this modern peacekeeping is therefore an important source for the associated legal debates, but one that is often neglected (in part because the sources are limited and often in draft form). This article seeks to articulate and then critique the AU's emerging view on the application of international humanitarian law and international human rights law to peacekeeping activity and the relationship between the two bodies of law in this context. It argues that the AU's emerging position treats international humanitarian law as a narrowed lex specialis, only displacing international human rights law in relation to peacekeepers while they are actively engaged in armed conflict. Even this position, however, underestimates the extent to which the pervasive rights-based concerns in AU sources imply a still more pervasive application of international human rights law to its peacekeeping activities.

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