scholarly journals Limited Gains, Enduring Violations

2017 ◽  
Vol 12 (3) ◽  
pp. 286-307 ◽  
Author(s):  
Paul Chaney

Against the backdrop of continuing rights violations in Bangladesh, this article analyses issue-salience and framing in the policy discourse of civil society organizations (CSOs) and state elites on the implementation of the United Nation’s Convention on the Rights of the Child (CRC). Data from the reports submitted to the second-cycle United Nations’ Universal Periodic Review (UPR), the official monitoring mechanism associated with UN rights treaties, show how state discourse is framed in instrumental, administrative terms. In contrast, civil society discourse is critically framed and highlights poor implementation and enforcement of the CRC, poverty and corruption. This helps to explain on-going rights violations in an increasingly hostile political context wherein government is unresponsive to civil society claims, mobilization is suppressed and CSOs are forced to focus on service delivery and advocacy functions.

2021 ◽  
pp. 002190962110588
Author(s):  
Paul Chaney

This study examines Cambodia’s implementation of the United Nations Convention on the Rights of the Child (CRC). Corpus analysis of civil society organisations’ submissions to the United Nations Universal Periodic Review reveals a raft of CRC violations, including sexual abuse, trafficking and child labour. This is due to political and bureaucratic failings. The wider significance of this lies in underlining how the disjuncture between state and civil society underpins ongoing violations. Future progress depends on strengthened mobilisation yet increasing repression of civil society makes this unlikely. Accordingly, the prospects are bleak with children in Cambodia continuing to suffer widespread rights violations.


2017 ◽  
Vol 17 (3) ◽  
pp. 421-450 ◽  
Author(s):  
Fiona McGaughey

Abstract Non-governmental organisations (NGOs) play an important, albeit limited, role in the United Nations most recent human rights monitoring mechanism, the Universal Periodic Review (UPR). Drawing on empirical data from an Australian case study and interviews with international stakeholders, the study explores the NGO role and influence in this state-centric, peer review mechanism. Case study findings indicate that recommendations made by NGOs, in particular a coalition of domestic NGOs, correlate closely with many UPR recommendations but that United Nations sources are more influential. This suggests that other United Nation human rights mechanisms complement the UPR, so that NGOs should continue to engage with both these and the UPR.


2020 ◽  
Vol 15 (2) ◽  
pp. 184-208
Author(s):  
Paul Chaney ◽  
Seuty Sabur ◽  
Sarbeswar Sahoo

This article explores civil society organizations’ (CSOs) views on the contemporary situation of LGBT+ people in Bangladesh. It is a lacuna requiring attention because of the country’s poor and deteriorating equality and human rights record. Here we analyse the level of attention to prevailing human rights violations and apply critical frame analysis to the corpus of CSOs’ submissions to the United Nations third cycle Universal Periodic Review (UPR), 2013–2018. These reveal how a series of key pathologies—including, violence, intimidation and discrimination—affect the lives of LGBT+ people. The wider significance of this study lies in highlighting that, while not a replacement for justiciable rights, the discursive processes offered by the UPR are of key significance in seeking to advance LGBT+ rights in countries like Bangladesh where oppression combines with extremism and political elites’ refusal to embrace equality in relation to gender identity and sexual orientation.


2017 ◽  
Vol 10 (5) ◽  
pp. 310-322
Author(s):  
Gayatri Patel

Purpose In 2006, the United Nations’ Human Rights Council was tasked to establish a new human rights monitoring mechanism: the universal periodic review process. The purpose of this paper is to examine the nature of discussions held in the process, over the two cycles of review in relation to women’s rights to access health care services. Design/methodology/approach This investigation is a documentary analysis of the reports of 193 United Nations’ state reports, over two cycles of review. Findings The primary findings of this investigation reveal that despite an apparent consensus on the issue, a deeper analysis of the discussions suggests that the dialogue between states is superficial in nature, with limited commitments made by states under review in furthering the protection of women’s right to access health care services in the domestic context. Practical implications Considering the optimism surrounding the UPR process, the findings reveal that the nature of discussions held on women’s rights to health care services is at best a missed opportunity to make a significant impact to initiate, and inform, changes to practices on the issue in the domestic context; and at worst, raises doubts as to whether the core aim of the process, to improve the protection and promotion of all human rights on the ground, is being fulfilled. Originality/value Deviating from the solely technocratic analysis of the review process in the existing literature, this investigation has considered the UPR process as a phenomenon of exploration in itself, and will provide a unique insight as to how this innovative monitoring mechanism operates in practice, with a particular focus on women’s right to access health care services.


Author(s):  
Asha Bajpai

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.


Author(s):  
Laura J. Shepherd

Chapter 5 outlines the ways in which civil society is largely associated with “women” and the “local,” as a spatial and conceptual domain, and how this has implications for how we understand political legitimacy and authority. The author argues that close analysis reveals a shift in the way in which the United Nations as a political entity conceives of civil society over time, from early engagement with non-governmental organisations (NGOs) to the more contemporary articulation of civil society as consultant or even implementing partner. Contemporary UN peacebuilding discourse, however, constitutes civil society as a legitimating actor for UN peacebuilding practices, as civil society organizations are the bearers/owners of certain forms of (local) knowledge.


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.


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