scholarly journals International Human-Rights Supervision Triggering Change in Child-Protection Systems? The Effectiveness of the Recommendations of the CRC Committee in Estonia

2020 ◽  
Vol 29 ◽  
pp. 108-123
Author(s):  
Katre Luhamaa
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Child Protection ◽  
Protection System ◽  
Main Question ◽  
International Human Rights Law ◽  
International Human Rights ◽  
Rights Of The Child ◽  
International Human ◽  
The Impact

Estonia’s legal system is generally regarded as very accepting of international (human-rights) law, with treaties in this domain and associated supervisory practice being implemented directly by national courts. The article analyses whether this extends to the Convention on the Rights of the Child (CRC) and the recommendations of the CRC Committee on ways to improve the Estonian national child-protection system. The main question examined is whether the CRC Committee’s ‘Concluding Observations’ have had an impact and been effective with regard to the Estonian child-protection system. The article lays out and further develops the framework proposed by Krommendijk for analysing the impact and effectiveness of international human-rights work with respect to national legal systems. The author begins by situating this theoretical framework in the context of the CRC and the Estonian legal system and then providing a brief description of Estonia's reporting process. The bulk of the paper is concerned with research presenting the development of the following elements of the child-protection system in aims of analysing the effectiveness of the CRC Committee's recommendations: general principles with relevance for the child-protection system, the institutional set-up, issues related to the implementation of the child's right to be free from any form of violence (along with any relevant procedural rights), and the placement of a child within the child-protection system.

The Holy See and Children’s Rights: International Human Rights Law and Its Ghosts

2015 ◽  
Vol 84 (1) ◽  
pp. 59-88
Author(s):  
Ntina Tzouvala
Keyword(s):  
Human Rights ◽  
Child Abuse ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Legal Subject ◽  
Holy See ◽  
Rights Of The Child ◽  
Vatican City ◽  
International Human

The revelation of a series of child abuse incidents committed by Catholic priests and other members of religious orders has given rise to the question of establishing the responsibility of the Holy See for these acts under international human rights law. This article focuses on the report issued in 2014 by the Committee on the Rights of the Child, the monitoring body of the Convention of the Rights of the Child (crc). It is argued that in order to fulfil this task we need to take three steps: first, to establish the relationship between the Vatican City state and the Hole See, a distinct and peculiar international legal subject. To do so, a historical account of the Holy See and its position within the fabric of international law is considered necessary. Secondly, this article argues that the crc was ratified by the Holy See both in its capacity as the government of the Vatican City and as a non-territorial legal subject. Hence, the application of the crc is not confined within the limited territory of the Vatican City, but ‘follows’ the authority of the Holy See irrespective of state borders. Thirdly, it is argued that the vertical, hierarchical structure of the Holy See is homologous to that of the modern state and, therefore, attribution rules can be applied by analogy in this case. The final conclusion is that it is possible to hold the Holy See responsible under the crc for acts of child abuse that occurred under its authority around the globe.

scholarly journals The heritage of the League of Nations’ minority protection system

2022 ◽  
Keyword(s):  
Human Rights ◽  
League Of Nations ◽  
Protection System ◽  
Political Organization ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Group Rights ◽  
Minority Protection ◽  
International Human

Abstract This paper discusses the system of minority protection of the League of Nations. Minority protection occupied a prominent place on the League’s agenda, which developed a significant expertise in the field. The League’s system of minority protection is often regarded as an experiment. With regard to both material and procedural aspects this assessment is certainly correct. In particular, minority protection based upon legally binding treaties and declarations gave rise to the question of how individual and group rights should be treated within the frame of an international political organization. The paper further examines whether at least some of the elements of the League’s minority protection system still persist in the context of contemporary international human rights law.

Hong Kong's Bill of Rights: Its Reception of and Contribution to International and Comparative Jurisprudence

1998 ◽  
Vol 47 (2) ◽  
pp. 306-336 ◽  
Author(s):  
Johannes M. M. Chan
Keyword(s):  
Human Rights ◽  
Hong Kong ◽  
Interesting Case ◽  
International Human Rights Law ◽  
Political Rights ◽  
Bill Of Rights ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Impact

The Hong Kong Bill of Rights Ordinance entered into force on 8 June 1991. Its purpose is to incorporate into the law of Hong Kong the provisions of the International Covenant on Civil and Political Rights (“the ICCPR”) as applied to Hong Kong. Being one of the first occasions where the ICCPR has been given direct legal force in a common law jurisdiction, the Hong Kong experience will provide an interesting case study on how an international human rights instrument is received and interpreted in domestic law. Indeed, shortly after the coming into operation of the Hong Kong Bill of Rights Ordinance, the late Professor Opsahl predicted that it would give the ICCPR, and by implication the Human Rights Committee, a potential impact on the Hong Kong domestic legal system which could hardly be expected in other countries. He even suggested that, in dealing with matters which the Human Rights Committee has not yet considered, the interpretation of the Hong Kong courts in applying the Bill of Rights may provide a useful supplement to international human rights law. The Bill of Rights Ordinance is now seven years old. This article will address two issues: first, the impact international and comparative jurisprudence has had on the interpretation of the Hong Kong Bill of Rights and, second, the contribution the Hong Kong jurisprudence on the Bill of Rights has or could have made to the development of international and comparative human rights law.

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