Can an Intergovernmental Mechanism Increase the Protection of Human Rights? The Potential of Universal Periodic Review in Relation to the Realisation of Economic, Social and Cultural Rights

2010 ◽  
Vol 28 (4) ◽  
pp. 548-581 ◽  
Author(s):  
Jessica Duggan-Larkin
2021 ◽  
Vol 8 (6) ◽  
pp. 330-344
Author(s):  
Uchenna Emelonye

Civil society organizations are key actors in the promotion and protection of human rights in Nigeria and have participated in all the Universal Periodic Review (UPR) circles of the Government of Nigeria.  The UPR is a first of its kind innovation adopted in 2006 by the Human Rights Council to complement the works of treaty bodies and involves the review on a periodic basis, the human rights records of all Member States of the United Nations. As a peer review process comprising three distinct stages and involving three major sources of information, this article exclusively ex-rays the UPR civil society report on the implementation of Nigeria’s international human rights obligations. As one of the three sources of information relied upon by the Human Rights Council in the Universal Periodic Review of the human rights record of the Government of Nigeria, this article, while focusing on the civil society information submitted to the Human Rights Council pursuant to the United Nations General Assembly Resolution 60/251 concludes that despite advances in the promotion and protection of human rights claimed in its national report to be made in the implementation of international human rights obligations, there are still, from civil society lens, plethora of issues and gaps in the implementation of Nigeria’s international human rights obligations.


2021 ◽  
pp. 102-106
Author(s):  
William A. Schabas

Evidence for the existence of customary law is compiled, using the rights in the Universal Declaration of Human Rights as a template. The pattern of treaty ratification is examined along with materials from the Universal Periodic Review, especially concerning States that are not parties to relevant treaties. The list is supplemented with rights omitted from the Declaration, such as the rights of minorities and indigenous peoples, as well as with so-called peoples’ rights, to development, peace, and self-determination. Particular attention is directed to the customary nature of economic, social, and cultural rights.


PMLA ◽  
2006 ◽  
Vol 121 (5) ◽  
pp. 1638-1642
Author(s):  
Bruce Robbins

Will historians looking back a hundred years from now see the rise of human rights as an agent or reflection of the decline of national sovereignty? I take this question (asked at a recent meeting by Richard Wilson, director of the Human Rights Institute at the University of Connecticut) as an expression of worry about the effects that the decline of national sovereignty is likely to have, including effects on human rights themselves. Human rights advocates will recognize an obvious reason for this worry. Human rights are often seen, correctly but narrowly, as a key line of protection against an invasive and oppressive state. But the project of winning respect for human rights also relies heavily on the state's legal and bureaucratic powers—the power to enforce, to educate, to take positive measures, and so on. This is especially true in the domain of economic, social, and cultural rights, which require for their fulfillment that states exercise what has come to be called “due diligence.” Violence against women, for example, which has only been classified as an abuse of human rights since 1993, is often perpetrated not by states but by private individuals and groups. It can come under the protection of human rights discourse only if a sovereign state, which is held responsible for intervening to punish and prevent, is strong enough to do so. Weaken national sovereignty, and you may subvert the cause of women's rights.


Author(s):  
Nigel Rodley

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.


Author(s):  
Kothari Miloon

This article examines the evolution of the United Nations� (UN) human rights agency from the UN Commission on Human Rights (UNCHR) into the UN Human Rights Council (UNHRC). It explains that UNHRC was created in March 2006 to replace the UNCHR and become the world�s premier human rights body. It evaluates the effectiveness of the UNHRC�s peer-review human rights mechanism called the Universal Periodic Review. This article also offers some suggestions on how to improve the performance of the UNHRC including changes in size and distribution of membership, membership criteria, voting patterns and participation of non-state actors.


2021 ◽  
pp. 341-346
Author(s):  
William A. Schabas

Custom poses challenges for its identification but at the same time it offers a potential for dynamism that may often be superior to that of treaty law. Recent developments, most importantly the near-universal ratification of major human rights treaties and the Universal Periodic Review mechanism of the Human Rights Council, greatly facilitate the identification of customary law. It is clear that most of the rights in the Universal Declaration of Human Rights are unquestionably part of customary international law. Doubts may persist about a few rights, such as the right to property. Customary law also extends to ‘solidarity rights’ or ‘peoples’ rights’, whose reflection in treaty law is not so universal. Recognition of rights does not ensure that there are effective mechanisms for their enforcement and implementation.


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