Realizing Universal Human Rights Norms Through Regional Human Rights Mechanisms: Reinvigorating the African System

1999 ◽  
Vol 10 (1) ◽  
pp. 35-50 ◽  
Author(s):  
George William Mugwanya
1970 ◽  
Vol 2 ◽  
Author(s):  
Adam Moscoe

Since the terrorist attacks of September 11, 2001, accelerated initiatives tocombat terrorism have been criticized for overstepping the bounds of universal human rights norms. A defining feature of European Union (EU) policy as a normative power is how it navigates the customary frictions between human rights and counterterrorism by committing to “combat terrorism globally while respecting human rights, and make Europe safer, allowing its citizens to live in an area of freedom, security and justice.” This paper argues that the threat of transnational terrorism has led Europe to stray from its normative position. This is most clearly understood by examining the securitization of EU interactions with the Mediterranean - particularly North Africa - with regard to migration policy. Migration is considered as “transformed into a key element in the context of transnational threats,” and indeed EU Member States are targeted by Islamist terrorists entering EU soil by way of the Middle East or the Maghreb. Finally, this paper explores how the post-9/11 threat environment - anintensified “global risk society” -has led the EU to downplay its traditional role in ensuring protection of universal human rights through such normative instruments as the European Court of Human Rights (ECtHR).


2013 ◽  
Vol 40 (4) ◽  
pp. 729-751 ◽  
Author(s):  
THOMAS RICHARD DAVIES

AbstractRobert Owen, the early nineteenth-century social reformer, made a greatly more significant contribution to the theory and practice of International Relations than has hitherto been assumed. This article shows how Owen helped to develop an understudied but distinctive form of internationalist thought focusing on the role of education in the pursuit of peace. Owen's previously neglected contributions to human rights norms and to international organisation are also explored, including his promotion of universal rather than nationally-oriented human rights standards, his role in the nascent movement towards the formation of international non-governmental organisations, and his contribution to international federalist ideas. Following an introduction to Owen's place in the literature, this article discusses each of these contributions of Owen to the theory and practice of International Relations in turn. The analysis reveals that Owen's contributions in each of these aspects are as significant for their limitations as for their insights.


Politeja ◽  
2021 ◽  
Vol 18 (2(71)) ◽  
pp. 67-77
Author(s):  
Ildus Yarulin ◽  
Evgeny Pozdnyakov

One of the issues constantly discussed in the context of human rights is their assessment as universal or relative. International human rights norms are universal, which corresponds to the nature of human rights. The process of universalization of human rights began after the second world war with the creation of the United Nations, whose Charter declared its determination to reaffirm faith in the fundamental rights of the individual, in the equality of men and women and in the equality of nations large and small. These intentions of the organization were confirmed by the adoption of universal documents: the International Bill of Human Rights, including the Universal Declaration of Human Rights of 1948, the International Covenants on Human Rights, opened for signature on December 16, 1966, and other acts. However, the problem lies in the fact that human rights recognized at the international level as universal and enshrined in international instruments, which must be respected by all and everywhere, lose the signs and qualities of universality under the influence of various socio-cultural, national traditions and customs, religious and other factors, and acquire the meaning or status of relative ones.


2021 ◽  
Vol 6 (1) ◽  
pp. 98-118
Author(s):  
Moosa Akefi Ghaziani ◽  
Mohammad Akefi Ghaziani

The incorporation of universal human rights’ norms in public municipal law has often been a challenge for both Islamic and secular states. Employing an analytical method this article explores the main legal challenges to the incorporation of universal human rights norms into municipal laws in three states--Saudi Arabia and Iran, the two Islamic states, and India, the secular state. It is argued that despite their differences in the larger legal framework they follow a peculiar dualistic system to incorporate the human rights norms, which results in its application challenges.


2003 ◽  
Vol 20 (3-4) ◽  
pp. 140-172
Author(s):  
Pernille Ironside

This article examines the debate concerning the recent reinstatement of Shari`ah law with respect to criminal matters in Northern Nigeria. The discussion explores the inherent challenges in reconciling the equally entrenched and passionate views of pro-Shari`ah supporters on their right to freedom of religion with those that question its application in terms of human rights norms and obligations, and its constitutional legality. The analysis concludes that Shari`ah laws can coexist with Nigeria’s common law system and remain relevant in the context of Islam, provided that its principles are adapted and modernized to comport with international standards for due process and are interpreted and applied consistently.


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