Constitutional Rights in Namibia: A Comparative Analysis with International Human Rights, and: Swapo's Struggle for Namibia, 1960-1991: War by Other Means, and: Namibia's Post-Apartheid Regional Institutions: The Founding Year (review)

Africa Today ◽  
1999 ◽  
Vol 46 (3) ◽  
pp. 236-242
Author(s):  
William A. Lindeke
2014 ◽  
Vol 3 (3) ◽  
pp. 373-403 ◽  
Author(s):  
KAI MÖLLER

AbstractThe paper presents a theory of the moral structure of international human rights. It proceeds by drawing on recent scholarship on the philosophy of national constitutional rights, which has shown that there is now an emerging global consensus on certain structural features of constitutional rights; in previous work I have summarized this under the label ‘the global model of constitutional rights’. Starting from the theory of rights underlying the global model, the paper asks what modifications, if any, are required to turn that theory into a suitable theory of international human rights. In particular, it examines the widely held view that international human rights are more minimalist than national constitutional rights. Discussing recent work by Ronald Dworkin (on political/constitutional versus human rights) and Joseph Raz (on legitimate authority versus national sovereignty), the paper concludes that it is not possible to make rights more minimalist than they already are under the global model. It follows that the moral structures of national constitutional rights and international human rights are identical. The final section of the paper examines some implications of this result, addressing the issues of the workability of the proposed conception of international human rights in practice, its point and purpose, and discussing the obligations of states to participate in international mechanisms for the protection of human rights.


Author(s):  
Anna Lawson ◽  
Lisa Waddington

This chapter introduces the book and provides important context for all the subsequent chapters. In particular, it explains the aim of the research presented in the book and situates it within the emerging literature on comparative international (human rights) law, as well as the literature on the Convention on the Rights of Persons with Disabilities (CRPD). It also sets out the methodology used and explains how the book is structured, with jurisdiction-specific chapters, and chapters providing comparative analysis across jurisdictions illuminating the differences and similarities in the interpretation and use of the CRPD by domestic courts and judges.


2008 ◽  
Vol 41 (3) ◽  
pp. 677-702 ◽  
Author(s):  
A. Kodzo Paaku Kludze

Particularly in developing nations, the movement has been toward the articulation of elaborate provisions in constitutions which guarantee the basic human and peoples' rights of the citizenry. In many cases these are reflections of the immediate past history of the young nations which were strewn with ugly spectacles of dictatorships on their path to democracy. The history of Ghana is unfortunately an illustrative example. The Ghana Independence Constitution of 1957—a very brief document—was brief to a fault and bereft of any provision for human rights. It is clear that the experience of years of abuse of human, political, and civil rights in Ghana explains many of the current constitutional guarantees of basic rights spelt out in the 1992 Constitution in order to protect citizens against future abuses.In the past, treaty obligations under municipal laws of Ghana were such that even ratification of human rights treaties did not directly confer enforceable legal rights in the domestic courts of Ghana and implementing legislation was necessary to make a treaty right justiciable. In the 1992 Constitution of Ghana, the provisions of the Universal Declaration of Human Rights and of the African Charter on Human and Peoples' Rights, as well as others, are entrenched as constitutional provisions, are to be interpreted as such, and enforceable under the laws of Ghana. To the extent that drafters of the Ghana Constitution relied on the principles of the international human rights law enshrined in treaties and declarations, there are many similarities between the domestic law and some principles of international human rights law.


Refuge ◽  
2001 ◽  
pp. 6-16 ◽  
Author(s):  
Veerabhadran Vijayakumar..

Many countries in Asia and all the countries in South Asia have not acceded to the Refugee Convention of 1951 or the Protocol of 1967 in spite of the fact that a large number of refugees come from this region. The reasons for not ratifying them are not clear even though many international human rights instruments have been ratified by many of them. The probable reasons for not ratifying the Refugee Conventionor the Protocol, the lack of any regional approach or national legislation to address the problem, the contribution made by the international community to the crises in this region, nature of protection, the extent of rights available to the refugees and a brief comparison between the Northern and Southern perspectives have also been explained. Some of the important judicial decisions from India have been relied upon to appreciate the developments. This article concludes by emphasizing that through a comparative analysis of both the Northern and Southern perspectives relating to the protection of refugees, each can benefit from the experiences of the other, improve and build a scheme to care for the millions of refugees as well as others of concern in the new millennium.


2018 ◽  
Vol 4 (2) ◽  
pp. 249
Author(s):  
Bisariyadi Bisariyadi

The power of the Indonesian Constitutional Court to review laws is a constitutional adjudication process. It is a forum to resolve constitutional issues where a citizen can challenge Law that has injured his rights. The Court's reasoning provides audiences with the debates for its deliberation. Audiences may find reference to the international human rights law. It is an interesting practice. However, there is no studies yet about the information on the statistic of the Court made reference to international human rights law. As such, this study aims to identify reference to international human rights law in the Court's decision on judicial review cases from 2003 to 2016. Additionally, this study also aims to answer the question of what underlies the Court to made reference to international human rights law. As many studies show, the objective of Constitutional Court's references to the international human rights law is to strengthen constitutional rights protection. Nonetheless, the Court did not pay any interests to the global agenda of transnational constitutionalism or a convergence of rights and legal pluralism. The article is divided into 5 (five) sections, commencing with the introduction. The second part discusses the status of international human rights law in Indonesia. As the third presents information on Court's decision which cited international human rights law. Then, the fourth presents typical function of the decision that made reference to international human rights law. It concluded that the practice of referring to international law demonstrates the open attitude of Indonesian constitutional justices to the universal nature of fundamental rights.


2019 ◽  
Vol 12 (1) ◽  
pp. 23-46
Author(s):  
Nana Kwame Agyeman ◽  
Alfred Momodu

Abstract The claim that human rights are rights that all humans hold everywhere and at all times embodies the concept of universalism. There are however some that do not believe that human rights are universally held. Those who hold such views are widely described as cultural relativists. A rich body of literature exists with a particular focus on the divergence that exists between universalism and cultural relativism. We posit that these areas of antagonism might be overstated. In the light of this, this work investigates the mediating role that constitutional rights may play between these two seemingly opposing schools of thought. Ultimately this paper avers that the constitutional making process that international human rights principles go through in order to emerge as constitutional rights allows for constitutional rights to simultaneously lay claim to both universalist and relativist ideals. Thus, allowing constitutional rights to represent a grossly overlooked middle ground.


2015 ◽  
Vol 41 (5) ◽  
pp. 925-945 ◽  
Author(s):  
JAMES HARRISON ◽  
SHARIFAH SEKALALA

AbstractThis article examines under what conditions benchmarking and associated measurement initiatives produced by UN human rights actors could, and should, play a role in promoting compliance with international human rights norms. It is organised around a comparative analysis of UN benchmarking initiatives for states and corporations. With regard to states, the article argues that ideological misgivings and technical limitations have so far triumphed over aspirations that indicators and benchmarks might play a significant role in increasing compliance with international human rights norms. With regard to corporations, we find that measuring human rights performance has been framed by the recent UN Guiding Principles on Business and Human Rights using a much more expansive and less quantitative set of benchmarks. These latter benchmarks do not appear to be creating conditions under which the human rights performance of corporations is effectively interrogated, and as a result there is a danger of superficial legitimation. Comparative analysis of these two initiatives reveals some of the tensions inherent in utilising benchmarking in transnational efforts to achieve human rights compliance. It also allows us to contribute to broader debates about the quantification of performance and its potential and limitations as a tool of global governance.


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