Article 33(2) of the UN Convention on the Rights of Persons with Disabilities: Another Role for National Human Rights Institutions?

2011 ◽  
Vol 29 (1) ◽  
pp. 84-106 ◽  
Author(s):  
Gauthier de Beco
Keyword(s):  
Human Rights ◽  
Persons With Disabilities ◽  
National Human ◽  
National Human Rights Institutions

scholarly journals Monitoring mechanisms designed to serve persons with intellectual disabilities: exploring the implementation of Article 16 CRPD in Cyprus

2018 ◽  
Vol 15 (1) ◽  
pp. 33-50 ◽  
Author(s):  
Emily Julia Kakoullis
Keyword(s):  
Human Rights ◽  
Intellectual Disabilities ◽  
Persons With Disabilities ◽  
Legal Provisions ◽  
National Human ◽  
Adults With Intellectual Disabilities ◽  
National Human Rights Institutions ◽  
Relationship Of ◽  
Forms Of Violence ◽  
The Relationship

AbstractIn its concluding observations for Cyprus, the UN Convention on the Rights of Persons with Disabilities (CRPD) Committee stated that it ‘is concerned about the insufficiency of legal provisions and accessible mechanisms to detect, report, prevent and combat all forms of violence’.1This paper focuses on the independent monitoring obligation Article 16(3) CRPD places on states parties, and discusses the implications of the insufficient implementation of Article 16(3) as it affects adults with intellectual disabilities in Cyprus. It examines the existing monitoring frameworks, explains why they do not meet with Article 16(3) CRPD requirements and explores the relationship of the national human rights institutions (NHRIs) with Article 16(3). This paper enables understanding as to how, despite pre-existing monitoring frameworks in place, no independent monitoring action has been taken since the ratification of the CRPD. It argues that there is an immediate need for measures to achieve the implementation of Article 16(3) and makes recommendations for Cyprus and other states parties.

Art.38 Relationship of the Committee with Other Bodies

2018 ◽  
Author(s):  
Bantekas Ilias
Keyword(s):  
Human Rights ◽  
Common Interest ◽  
Expert Advice ◽  
Persons With Disabilities ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
National Human ◽  
National Human Rights Institutions ◽  
External Actors ◽  
Relationship Of

This chapter examines Article 38 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which aims to foster cooperation between the Committee and a wide range of entities—inter-governmental, governmental, or private—with a view towards enhancing its work in the field of disability rights and protection. Unlike the past, recent practice within the UN has effectively abolished most barriers that prevented human rights treaty bodies from openly and officially communicating with external actors, at least in respect of country reports and general interaction in issues of common interest. In some cases, treaty bodies have proceeded to initiate a confidential inquiry on the basis of information received by non-governmental organizations (NGOs). Article 38 not only allows the Committee to receive information, expert advice, and reports from other UN bodies, national human rights institutions, NGOs, but also renders such representation by specialized agencies and UN organs an entitlement.

Making Human Rights a Reality

2013 ◽  
Author(s):  
Emilie M. Hafner-Burton
Keyword(s):  
Human Rights ◽  
International Law ◽  
World Population ◽  
International Human Rights Law ◽  
Legal Norms ◽  
Human Rights Protection ◽  
National Human ◽  
The World ◽  
Protection Of Human Rights ◽  
National Human Rights Institutions

In the last six decades, one of the most striking developments in international law is the emergence of a massive body of legal norms and procedures aimed at protecting human rights. In many countries, though, there is little relationship between international law and the actual protection of human rights on the ground. This book takes a fresh look at why it's been so hard for international law to have much impact in parts of the world where human rights are most at risk. The book argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights “stewards” can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions. To date, promoters of international human rights law have relied too heavily on setting universal goals and procedures and not enough on assessing what actually works and setting priorities. This book illustrates how, with a different strategy, human rights stewards can make international law more effective and also safeguard human rights for more of the world population.

National Human Rights Institutions and Sustainable Development with Specific Reference to Selected African Examples

2020 ◽  
Vol 53 (1) ◽  
Author(s):  
John Mubangizi
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Best Practice ◽  
Specific Reference ◽  
African Countries ◽  
The Sustainable Development ◽  
Study Approach ◽  
National Human ◽  
Development Goals ◽  
National Human Rights Institutions

That National Human Rights Institutions (NHRIs) play an important role in the protection and promotion of human rights is a well-known fact. This has been widely acknowledged by the United Nations (UN). Also well-known is the fact that several African countries have enacted new constitutions during the last two to three decades. One of the most salient features of those new constitutions is that they establish NHRIs, among other things. Given their unique role and mandate, these NHRIs can and do play an important role in the realisation of the sustainable development goals contained in the UN 2030 Agenda for Sustainable Development. Adopting a case study approach, this article explores the role NHRIs have played in the promotion and protection of human rights in selected African countries and implications for sustainable development in those countries. The main argument is that there are several lessons African countries can learn from each other on how their NHRIs can more meaningfully play that role. Accordingly, best practice and comparative lessons are identified and it is recommended that NHRIs can contribute to sustainable development more meaningfully if they can make themselves more relevant, credible, legitimate, efficient and effective.

Domestic politics and the power to punish: The case of national human rights institutions

2017 ◽  
Vol 36 (4) ◽  
pp. 385-404 ◽  
Author(s):  
Ryan M. Welch
Keyword(s):  
Human Rights ◽  
Domestic Politics ◽  
Past Research ◽  
Domestic Institutions ◽  
Electoral Institutions ◽  
The Public ◽  
Legal Punishment ◽  
International Pressure ◽  
National Human ◽  
National Human Rights Institutions

Why do states give institutions the ability to legally punish them? While past research focuses on international pressure to delegate authority to third parties, I argue that domestic politics plays a key role. By viewing domestic politics through a principal–agent framework, I argue that the more accountable individual legislators remain to the public, the more likely it is that the legislature will delegate legal punishment authority. I focus on National Human Rights Institutions—domestic institutions tasked with protection and promotion of human rights—to build the argument. Electoral institutions that decrease monitoring of legislator agents, or institutional makeup that allows the executive to displace the public as the principal lead to National Human Rights Institutions without punishment power. Using Bayesian logistic analyses I test four hypotheses, all of which are in agreement with the argument.

National Human Rights Institutions

2013 ◽  
Author(s):  
Emilie M. Hafner-Burton
Keyword(s):  
Human Rights ◽  
Nongovernmental Organizations ◽  
National Policy ◽  
Competitive Relationship ◽  
National Human ◽  
Different Types ◽  
International Pressures ◽  
National Human Rights Institutions ◽  
And Behavior ◽  
Governance Processes

This chapter explores how engagement with national human rights institutions (NHRIs) can lead to localization. It first describes the different types of NHRIs, including ombudsmen and human rights commissions, and puts them into perspective. It then considers how NHRIs could actually help localize foreign stewardship for human rights promotion and highlights some of the challenges they present, along with some strategies for navigating those difficulties. It also examines how NHRIs and nongovernmental organizations (NGOs) interact, paying attention to the benefits of cooperation and the problems that arise from an adversarial and even competitive relationship. Compared to NGOs, NHRIs are particularly intriguing because they have formal roles in national governance processes, and thus might be particularly effective conduits between international pressures and national policy and behavior.

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