scholarly journals THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS, ITS REGIONAL SYSTEM, AND THE ROLE OF CIVIL SOCIETY IN THE FIRST THREE DECADES: CALIBRATING THE “PAPER TIGER”

Obiter ◽  
2021 ◽  
Vol 34 (1) ◽  
Author(s):  
Dejo Olowu
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Evolutionary Processes ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Regional System ◽  
African Charter

Neither has any other human-rights treaty received as much vitriolic bashing as the African Charter on Human and Peoples’ Rights (African Charter), 1981, nor has there been a dearth of negativity about the treaty as a human-rights instrument. Such is the spate of pessimism about the African Charter and its system that it has repeatedly been referred to as “a paper tiger”, among other undignified labels. Beyond the endless lampooning of the treaty and its system as mere platitudes, have there been no opportunities for the civil society to strengthen the promise of this treaty and its system. To what extent has the civil society exploited such opportunities? Can there be a reconceptualization of the roles and attitudes of civil society that will galvanize the African regional human-rights system towards a veritable mechanism for more effective human rights protection? This article examines the contributions of civil society to the evolutionary processes, successes, and perceived weaknesses of the African regional human-rights system since 1981. Extrapolating from some landmark institutional, normative and jurisprudential developments within the African regional arrangement, this article identifies civil society as an inevitable, integral bearer of credit for the successes, and blame for the shortcomings of the aforementioned system. The overarching objective here is to canvass for a repositioning of civil society towards more effective praxis, and, to identify the trajectories for such engagement.

Quasi-constitutional court of human rights for Europe? Comments on Geir Ulfstein

2021 ◽  
Vol 10 (1) ◽  
pp. 175-185
Author(s):  
WOJCIECH SADURSKI
Keyword(s):  
Human Rights ◽  
Public Reason ◽  
Constitutional Court ◽  
Legal Systems ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Short Comment

AbstractThis short comment offers two additional arguments, missing from Geir Ulfstein’s account, which may bolster the case for constitutionalisation of the ECtHR. The first is about the ‘pilot judgments’ through which the Court addresses systemic deficits in national legal systems and thus ensures a minimal synchronisation of human rights protection throughout the CoE system. The second manifestation of constitutionalisation of the ECHR system is the increasing role of the ECtHR in the implementation of its own judgments. Ultimately, the legitimacy for the constitutional ambitions of Strasbourg Court should be located primarily in the argumentative resources of the court and in its pursuit of ‘public reason’.

scholarly journals State Capture through Corruption: Can Human Rights Help?

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 331-335
Author(s):  
Jimena Reyes
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
United Nations ◽  
Human Rights Violations ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Regional Systems ◽  
State Capture ◽  
The United Nations ◽  
Negative Impacts

Until recently, the United Nations and regional systems of human rights protection had shown considerable reluctance to address human rights violations resulting from corruption. Instead, these actors would underline the negative impacts of corruption on human rights without identifying corruption itself as a violation of human rights. Since 2017, however, this has begun to shift. The UN, regional human rights institutions, and civil society have begun to devise concrete ways for human rights institutions and instruments to better contribute to the fight against corruption. The Inter-American Court of Human Rights (“the Court”), in particular, has taken preliminary steps to establish a legal link between corruption and human rights violations.

scholarly journals GOOD GOVERNANCE PERSPEKTIF MAQAASID ASY-SYAARI’AH KONTEMPORER

2018 ◽  
Vol 23 (1) ◽  
pp. 57
Author(s):  
Muhammad Iqbal Juliansyahzen
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Civil Society ◽  
Good Governance ◽  
Business Sector ◽  
Good Communication ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Pros And Cons ◽  
The Government

AbstractGood governance is a concept for governance that should be run. Theoretically, the discourse of good governance reaps its pros and cons since it had been firstly introduced. However, as a concept and a strategic offer it deserves to be appreciated and re-examined. There are principles in good governance that are compatible with Islam such as accountability, transparency, deliberation, and others. Good governance will be achieved when it involves a good communication among the government, civil society, and the business sector. The author uses the perspective of contemporary maqaasid asy-shari'ah to view the discourse with more emphasis on development and right. The perspective is different from the old maqasid which emphasizes more on the protection and preservation. The result of the study shows that good governace needs  harmonious relationship among the followers of religion, social justice, organized and equitable education, human rights protection, and the development of civilized law.Keywords : Good Governance, Maqâsid asy-Syaari’ah, DevelopmentAbstrakGood governance merupakan sebuah konsep tata kelola pemerintahan yang seharusnya dijalankan. Secara teoritis, diskursus good governace menuai pro-kontra sejak awal kemunculannya. Meskipun demikian, sebagai sebuah konsep dan tawaran strategis patut untuk diapresiasi dan dikaji kembali. Terdapat prinsip-prinsip dalam good governance yang berkesesuaian dengan Islam diantaranya akuntabilitas, transparansi, musyawarah, dan lainnya. Upaya mewujudkannya tidak hanya dilakukan oleh satu pihak saja, tetapi komunikasi antara pemerintah (goverment), masyarakat sipil, dan sektor dunia usaha. Dalam melihat diskursus ini, penulis menggunakan perspektif maqaasid asy-Syaari’ah kontemporer dengan lebih menekankan pada development (pembangunan; pengembangan) dan right (hak-hak). Berbeda dengan maqasid lama lebih pada protection (perlindungan) dan preservation (penjagaan; pelestarian). Berdasarkan hasil kajian tersebut bahwa dalam mewujudkan good governace diperlukan pembangunan dalam berbagai aspek seperti membangun hubungan harmonis antar pemeluk agama, mewujudkan keadilan sosial, penyelenggaran dan pemerataan pendidikan, perlindungan terhadap hak asasi manusia, pembangunan hukum berkeadaban.. Kata kunci: Good Governance, Maqaasid asy-Syaari’ah, dan Pembangunan

scholarly journals THE ROLE OF THE GENERAL SUBJECTS OF HUMAN RIGHTS PROTECTION DURING COVERT INVESTIGATIVE (SEARCH) ACTIVITIES (ACTIONS)

2021 ◽  
pp. 21-30
Author(s):  
А. А. Коваль
Keyword(s):  
Human Rights ◽  
Foreign Policy ◽  
Key Words ◽  
Public Administration ◽  
State Policy ◽  
Criminal Proceedings ◽  
Key Words Human ◽  
Human Rights Protection ◽  
Rights Protection

This article analyzes the system of state bodies and officials who are more or less authorized (obliged) to ensure human rights, including in the conduct of covert investigative (search) actions. According to the tasks performed by each of such subjects, they are divided into two groups: general (those that determine the basis of domestic and foreign policy of the state and public administration strategy, have relevant coordination powers and solve constitutional and legislative strategic tasks in the specified area, or implement state policy in this direction, one of the powers of which is to approve or ensure human rights) and special (subjects of criminal proceedings who are directly involved in the appointment, conduct, and evaluation of the results of the CISA, and who are charged with the protection, protection (enforcement) of human rights in criminal proceedings, including the CISA. Key words: human rights, covert investigative (search) actions, guarantees of rights and freedoms, court investigative judge, participants in criminal proceedings.

scholarly journals The Role of Ombudsman Institutions in Defending the Rights of Military Personnel

2019 ◽  
Vol 25 (2) ◽  
pp. 206-209
Author(s):  
Alexandru Stoian
Keyword(s):  
Human Rights ◽  
Armed Forces ◽  
Public Authorities ◽  
Human Rights Protection ◽  
Exclusive Jurisdiction ◽  
Rights Protection ◽  
Military Command ◽  
Almost All ◽  
The Military

Abstract The Ombudsman type institutions are appointed to investigate individuals’ complaints against public authority and represent important actors in human rights protection system and in implementing democratic controls of the security system. These institutions have the task of interrupting human rights and the fundamental freedoms of armed force personnel, as well as ensuring the over-protection and prevention of defamation of armed forces. At the European level, the institutions of the Ombudsman are particularly important for ensuring the accountability of public authorities outside the contradictory environment of the courts. Ombudsman’s general institutions are mandated to receive complaints about all or almost all state organs, and their attributions concern all public services and government branches, including the armed forces. In addition, the ombudsman institutions with exclusive jurisdiction are independent and have exclusive jurisdiction over the armed forces, usually civilian and independent of the military command chain. Also, the Ombudsman institutions operating within the army can be identified and these are not completely independent, most often subordinated to the defense ministry and receive money from the defense budget.

European Court of Human Rights

2003 ◽  
Vol 40 ◽  
pp. 309-322 ◽  
Author(s):  
Luzius Wildhaber
Keyword(s):  
Human Rights ◽  
Separation Of Powers ◽  
International System ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Recent Developments ◽  
Protection Of Human Rights ◽  
Evolutionary Interpretation

SummaryThe aim of the European Court of Human Rights is to bring about a situation in which individuals are able to get effective guarantees of their rights within their national legal systems. With this in mind, the author reviews some of the recent developments in cases before the court relating to evolutionary interpretation of the provisions of the convention, the role of the separation of powers in ensuring the protection of freedoms under the Convention for the Protection of Human Rights and Fundamental Freedoms, and the notion of human dignity within the convention framework. The author also considers the growing case load before the court and the need for reform and concludes by pointing out that the European system is the most effective international system yet for securing human rights protection.

Part VII Assessments, Ch.37 Compliance

2013 ◽  
Author(s):  
Gori Gisella
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Conceptual Tool ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Mechanisms ◽  
International Human

This article examines the compliance of States with international human rights law. It explains the distinction between judicial and non-judicial compliance mechanisms, focusing on the United Nations (UN) in the context of non-judicial mechanisms and the Council of Europe and the Organization of American States (OAS) in the context of judicial mechanisms. It highlights the central role of the principle of subsidiarity in all international mechanisms for human rights protection and explains that this principle provides a conceptual tool for understanding the relation between the role of states in human rights protection and the role of the international human rights protection mechanisms that states create at the global and regional levels.

Sign in / Sign up

Export Citation Format

Share Document