scholarly journals Institute for the defense of human rights (ombudsman) in Canada

2021 ◽  
pp. 164-176
Author(s):  
I. G. Dudko
Keyword(s):  
Human Rights ◽  
Public Administration ◽  
Labor Relations ◽  
Effective Protection ◽  
Private Companies ◽  
Federal Level ◽  
The Status ◽  
Protection Of Human Rights ◽  
Jurisdictional Control ◽  
State Body

The article examines the institution for the protection of human rights (ombudsman) operating in Canada, represented by a variety of bodies, officials, and the specifics of their powers. Particular attention is paid to the Canadian Human Rights Commission — a human rights state body within whose jurisdiction is exercised control over public administration and private companies at the federal level on discrimination issues, as well as the Canadian Human Rights Tribunal, which, according to the author, performs a quasi-judicial role in exercising jurisdictional control. The author comes to the conclusion about the formation of a two-stage mechanism that ensures more effective protection of human rights.The article thoroughly examines the legal and institutional features of the status and powers of human rights commissions and ombudsmen operating at the provincial and territorial levels. The study allowed the author to identify the following features of the institution for the protection of human rights (ombudsman) in Canada: the prevailing decentralization, which is expressed in the autonomy of the provinces and the Federation in the establishment and consolidation of the status of officials and bodies carrying out human rights activities; institutional plurality, characterized by a variety of structures (bodies, officials), the scope of their powers aimed at protecting human rights; development of specialization of state human rights institutions in various areas (discrimination, labor relations, housing and others); formation of a “local” model of the ombudsman in non-state corporations and institutions. The author proposes to use the experience of the Canadian Human Rights Tribunal when developing the concept of a human rights court in Russia.

The Kenya National Commission on Human Rights under the 2010 Constitutional Dispensation

2018 ◽  
Vol 26 (2) ◽  
pp. 205-226
Author(s):  
Bonolo Ramadi Dinokopila ◽  
Rhoda Igweta Murangiri
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
National Commission ◽  
Bill Of Rights ◽  
Institutional Perspective ◽  
Post Conflict ◽  
National Human ◽  
The Status ◽  
Protection Of Human Rights

This article examines the transformation of the Kenya National Commission on Human Rights (KNCHR) and discusses the implications of such transformation on the promotion and protection of human rights in Kenya. The article is an exposition of the powers of the Commission and their importance to the realisation of the Bill of Rights under the 2010 Kenyan Constitution. This is done from a normative and institutional perspective with particular emphasis on the extent to which the UN Principles Relating to the Status of National Institutions for the promotion and protection of human rights (the Paris Principles, 1993) have been complied with. The article highlights the role of national human rights commissions in transformative and/or transitional justice in post-conflict Kenya. It also explores the possible complementary relationship(s) between the KNCHR and other Article 59 Commissions for the better enforcement of the bill of rights.

Judicial control of the effectiveness of activities related to public administration

2021 ◽  
Vol 10 (10) ◽  
pp. 29-44
Author(s):  
Jacek Jaśkiewicz
Keyword(s):  
Human Rights ◽  
Public Administration ◽  
Procedural Fairness ◽  
Judicial Control ◽  
Legal Remedies ◽  
European Court ◽  
Protection Of Human Rights ◽  
Administrative Proceedings ◽  
Court Proceeding ◽  
Legal Procedures

Legal procedures in Europe must comply with the principles of procedural fairness. These rules include a set of conditions ensuring real, fast and effective consideration of the case in accordance with guarantees stipulated under Article 6 and Article 13 of the Convention for the Protection of Human Rights, taken by jurisprudence of the European Court of Human Rights. The article presents the characteristics of Polish court proceeding in the scope of enforcing the effectiveness of public administration activities in the light of these requirements. Legal remedies to prevent tardiness of administration actions as well as discipline efficiency and speed of national administrative proceedings within this system were also discussed.

National Action Plans on Business and Human Rights: Progress or Mirage?

2019 ◽  
Vol 4 (02) ◽  
pp. 213-237 ◽  
Author(s):  
Humberto CANTÚ RIVERA
Keyword(s):  
Human Rights ◽  
Time Frame ◽  
Action Plans ◽  
Policy Coherence ◽  
Effective Protection ◽  
Human Rights Abuses ◽  
Business And Human Rights ◽  
Protection Of Human Rights ◽  
Phases Of Development ◽  
Key Policy

AbstractAs of October 2018, 21 states have adopted National Action Plans on Business and Human Rights (NAPs), with several more in different phases of development. This is an important political step to raise awareness of the importance of intragovernmental policy coherence and of the need to move forward to prevent human rights abuses linked to business activity. However, despite the global intergovernmental support to such policy strategies, the actual effectiveness of NAPs needs to be called into question: do they represent progress, or are they a mirage to block possible avenues of development? Currently existing NAPs have done little (yet) to ensure more effective protection in key policy areas, including trade and investment, state-owned enterprises, and particularly in relation to legislative developments and access to remedy. This contribution seeks to analyse the merits of developing NAPs, the importance of ensuring they become only the very first step towards a more effective protection of human rights, and to question whether their importance needs to be adjusted to what they really are: policy tools with limited effects and with a politically linked time frame.

Hirsi Jamaa v. Italy. Application No. 27765/09

2013 ◽  
Vol 107 (2) ◽  
pp. 417-423 ◽  
Author(s):  
Irini Papanicolopulu
Keyword(s):  
Human Rights ◽  
European Convention ◽  
International Convention ◽  
European Court ◽  
The Status ◽  
Protection Of Human Rights ◽  
Grand Chamber ◽  
Effective Remedy ◽  
Maritime Search And Rescue ◽  
The Right

In a unanimous judgment in the case Hirsi Jamaa v. Italy, the Grand Chamber of the European Court of Human Rights (Court) held that Italy’s “push back” operations interdicting intending migrants and refugees at sea and returning them to Libya amounted to a violation of the prohibition of torture and other inhuman or degrading treatment under Article 3 of the European Convention on the Protection of Human Rights and Fundamental Freedoms (ECHR or Convention), the prohibition of collective expulsions under Article 4 of Protocol 4 to the Convention, and the right to an effective remedy under Article 13 of the Convention. Hirsi Jamaa is the Court’s first judgment on the interception of migrants at sea and it addresses issues concerning the 1982 United Nations Convention on the Law of the Sea and the 1979 International Convention on Maritime Search and Rescue, as well as the 1951 Convention Relating to the Status of Refugees.

scholarly journals RESPECT FOR PRIVATE AND FAMILY LIFE UNDER ARTICLE 8 ECHR IN IMMIGRATION CASES: A HUMAN RIGHT TO REGULARIZE ILLEGAL STAY?

2008 ◽  
Vol 57 (1) ◽  
pp. 87-112 ◽  
Author(s):  
Daniel Thym
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Private Life ◽  
European Convention ◽  
Human Right ◽  
Human Rights Protection ◽  
Immigration Laws ◽  
European Court ◽  
The Status ◽  
Protection Of Human Rights

AbstractApplying the European Convention on Human Rights (ECHR) to immigration cases has always been a balancing exercise between the effective protection of human rights and the Contracting States' autonomy to regulate migration flows. In its recent case law, the European Court of Human Rights in Strasbourg (ECtHR) has considerably extended the protective scope of Article 8 ECHR by granting autonomous human rights protection to the long-term resident status independent of the existence of family bonds under the heading of ‘private life’. This has important repercussions for the status of legal and illegal immigrants across Europe, since the new case law widens the reach of human rights law to the legal conditions for leave to remain, effectively granting several applicants a human right to regularize their illegal stay. The contribution analyses the new case law and develops general criteria guiding the application of the ECHR to national immigration laws and the new EU harmonization measures adopted in recent years.

scholarly journals Regional Vis-à-Vis Universal Institution for the Protection of Human Rights with Special Reference to Asia

2014 ◽  
Vol 34 ◽  
pp. 39-44
Author(s):  
Sanjay Kumar Yadav
Keyword(s):  
Human Rights ◽  
Special Reference ◽  
Effective Protection ◽  
Regional Institutions ◽  
National System ◽  
The People ◽  
Effective Manner ◽  
Protection Of Human Rights ◽  
Regional Institution ◽  
The Individual

Regional institution for the protection of human rights was born in order to overcome the weaknesses of universal institution for the protection of human rights. Regional institutions not only protected the human rights of the people in a effective manner but also give the rights to the individual to move against his own State for the violation of human rights. Regional institution also provide remedy to the individual when he does not get remedy from the national system for the protection of human rights. In Asia there is no regional institution for the protection of human rights. For effective protection and enforcement of human rights there is need to establish a regional institution in Asia.

scholarly journals Direitos Humanos, Interculturalidade e Diplomacia Cultural / Human Rights, Interculturality and Cultural Diplomacy

2017 ◽  
Vol 44 (2) ◽  
Author(s):  
Antônio Walber Matias Muniz ◽  
Bianca Viana Thomaz ◽  
Taís Vasconcelos Cidrão
Keyword(s):  
Human Rights ◽  
Cultural Diversity ◽  
Cultural Diplomacy ◽  
Cultural Relativism ◽  
Intercultural Dialogue ◽  
Mutual Understanding ◽  
Effective Protection ◽  
De Se ◽  
Protection Of Human Rights ◽  
International Engagement

Resumo: Através de um estudo predominantemente bibliográfico acerca da correlação entre os institutos dos direitos humanos, da interculturalidade e da diplomacia cultural, o propósito primordial do presente trabalho é apresentar esta última como um instrumento de promoção do diálogo intercultural entre os povos. A escolha do tema adveio da necessidade impreterível da promoção e da proteção eficaz dos direitos humanos sem, contudo, desconsiderar as especificidades culturais de cada Estado. Busca-se superar a polêmica acerca da dicotomia "universalismo x relativismo cultural", propondo-se no seu lugar a interculturalidade. Tendo em vista que a cultura não deve ser utilizada como um empecilho à preponderância dos direitos humanos, tampouco pode ser aceita como uma imposição de valores. Dessa forma, a diplomacia cultural representa um instrumento ideal para a efetivação desse diálogo intercultural a fim de se alcançar uma confluência de chegada, e não de partida. A diplomacia cultural, por sua vez, é capaz de promover a compreensão mútua, a confiança e o respeito entre os povos e, assim, construir um engajamento internacional favorável entre os Estados e um diálogo sobre direitos humanos pautado no respeito e, sobretudo, na diversidade cultural. Defende-se aqui que a interculturalidade, sistematizada na hermenêutica diatópica, no respeito e na valorização da diversidade cultural, é a melhor forma de se propagar os direitos humanos sem causar conflitos secundários e inoportunos, sendo a diplomacia cultural um ótimo instrumento para alcançar esse propósito.  Abstract: Through a predominantly bibliographical study on the correlation between human rights, intercultural and cultural diplomacy, the main purpose of this paper is to present the cultural diplomacy as an instrument to promote intercultural dialogue among people. The choice of theme stemmed from the urgent need for the promotion and effective protection of human rights without, however, disregarding the cultural specificities of each State. It seeks to overcome the polemic about the dichotomy "universalism vs. cultural relativism", proposing instead the interculturality. Given that culture should not be used as a hindrance to the preponderance of human rights, it cannot be accepted as an imposition of values. In this way, cultural diplomacy represents an ideal instrument for the realization of this intercultural dialogue in order to reach a confluence of arrival, not departure. Cultural diplomacy, in turn, is capable of promoting mutual understanding, trust and respect among people and thus building a favorable international engagement among States and a human rights dialogue based on respect and, above all, on the cultural diversity. It is argued here that interculturality, systematized in diatopic hermeneutics, respect for and appreciation of cultural diversity, is the best way to propagate human rights without causing secondary and inopportune conflicts, and cultural diplomacy is an excellent instrument to achieve this.

scholarly journals The value of the United Nations in resolving problems of the rule of law in conflict States

2016 ◽  
Vol 3 (1) ◽  
pp. 155-162
Author(s):  
N I Kostenko
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Rule Of Law ◽  
Years Of Experience ◽  
Effective Protection ◽  
The Rule Of Law ◽  
Peacekeeping Operations ◽  
Sustainable Peace ◽  
Protection Of Human Rights ◽  
The United Nations

In this paper, the author tries to analyze the main extracted from the work of the United Nations according to the rule of law in the States for the last fifteen years. The analysis shows that the rule of law and the approval of the rule of law in the States for the last fifteen years of experience - is fundamental to sustainable peace after conflict, for the effective protection of human rights. Keywords: problems of justice, the rule of law, the rule of law, peacekeeping operations, the UN standards.

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