scholarly journals Entrada en vigor, general y para España, del Protocolo Facultativo del Pacto Internacional de Derechos Económicos, Sociales y Culturales

2017 ◽  
pp. 75
Author(s):  
Rosa Riquelme Cortado
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
Trust Fund ◽  
State Party ◽  
International Assistance ◽  
Cultural Rights ◽  
Optional Protocol ◽  
Or Groups ◽  
Civil And Political Rights ◽  
Supporting Pillar

<p>The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESC) entered into force on 5 May 2013, generally and for Spain, thereby establishing, as an essential procedure, the filing of communications by individuals or groups of individuals claiming to be victims of a violation by a State Party of any one of the rights set forth in the Covenant. The principle of indivisibility and interdependence between all human rights acts as its supporting pillar for the correction of the discriminatory protective regime brought about in 1966 by the <em>twin covenants </em>(International Covenant on Civil and Political Rights). The process through which the Protocol to the ICESC came into being, however, did not ignore the insistent debate arising from the <em>justiciability </em>of economic, social and cultural rights, which has an effect on the limits set for the monitoring procedures provided forth therein in order to ensure compliance with the rights protected by the Covenant; that is, the filing of <em>individual communications</em>, its main <em>leitmotiv</em>, of <em>communications between States </em>and <em>inquiry </em>into grave or systematic violations of this range of rights, as well as the complementary mechanisms of <em>international assistance and cooperation </em>of the trust fund in particular.</p><p><strong>Published online</strong>: 11 December 2017</p>

The Protection of Human Rights by the Organization of American States

1968 ◽  
Vol 62 (4) ◽  
pp. 889-908 ◽  
Author(s):  
José A. Cabranes
Keyword(s):  
Human Rights ◽  
San Francisco ◽  
General Assembly ◽  
Political Rights ◽  
Bill Of Rights ◽  
Cultural Rights ◽  
Optional Protocol ◽  
American States ◽  
Protection Of Human Rights ◽  
Civil And Political Rights

On December 16, 1966, the General Assembly approved three agreements designed to establish a global system of enforceable treaty obligations with respect to fundamental human rights. These agreements are the second part of the “international bill of rights” proposed at the San Francisco Conference. Eighteen years separated the adoption of these agreements—the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, and the Optional Protocol to the International Covenant on Civil and Political Rights—and the approval in 1948 of the first part of the projected United Nations program for the protection of human rights, the non-binding Universal declaration of Human Rights.

Justiciability of Economic, Social, and Cultural Rights: Should There Be an International Complaints Mechanism to Adjudicate the Rights to Food, Water, Housing, and Health?

2004 ◽  
Vol 98 (3) ◽  
pp. 462-515 ◽  
Author(s):  
Michael J. Dennis ◽  
David P. Stewart
Keyword(s):  
Human Rights ◽  
Working Group ◽  
Political Rights ◽  
Cultural Rights ◽  
Optional Protocol ◽  
Civil And Political Rights

Should all internationally recognized human rights—economic, social, and cultural rights, as well as civil and political rights—be subject to the same individual-complaints procedures? This issue is now before a newly convened working group of the UN Commission on Human Rights. At its first meeting, from February 23 to March 5,2004, the Working Group debated the feasibility of elaborating an optional protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) that would provide for the adjudication of individual and group complaints against states under that Covenant. Participating states were in sharp disagreement over the viability of the proposal, however, and the session ended in disarray. Since the Commission has recommended renewal of the Working Group’s mandate for two years, the issue remains open.

Zaire Criticized for Lack of Co-operation with the UN Human Rights Committee

1997 ◽  
Vol 41 (1) ◽  
pp. 148-148
Keyword(s):  
Human Rights ◽  
Prime Minister ◽  
The State ◽  
Political Rights ◽  
State Party ◽  
Military Intelligence ◽  
Optional Protocol ◽  
Article 9 ◽  
Civil And Political Rights

On 16 April, 1996, the UN Human Rights Committee determined that the 1993 abduction of a military adviser to the then Prime Minister of Zaire, apparently by military intelligence forces, resulted in a violation of the victim's rights to liberty and security of the person under Article 9(1) of the International Covenant on Civil and Political Rights (N'Goya v. Zaire Communication No. 542/1993). It was also found that the victim had suffered cruel and inhuman treatment, in violation of Article 7 of the Covenant, in mat he had been prevented from contact widi his family and with the outside world.Despite repeated requests to the State party for information concerning the matter, the Committee had received no response. As a result, the Committee made some forceful comments about the responsibility of State parties under the Optional Protocol:

scholarly journals Le recours au Comité des droits de l'homme de l'O.N.U. : une illusion?

2005 ◽  
Vol 26 (2) ◽  
pp. 531-547
Author(s):  
Marie-José Côté
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
International Convention ◽  
Cultural Rights ◽  
Optional Protocol ◽  
Canadian Law ◽  
The Status ◽  
Civil And Political Rights ◽  
Set Up ◽  
Work Done

The international charter of human freedoms became a legal reality via the coming into force of the following three documents : the International Convention on Economic, Social and Cultural Rights, the International Convention on Civil and Political Rights and the optional protocol attached to it. The Human Rights Committee was created under the Convention on Civil and Political Rights. In accordance with the controlling machinery set up under the optional protocol, the Committee must examine complaints from individuals who feel that their rights as defined and protected by the Convention, have been violated. Besides Uruguay, Canada is the country that submits the greatest number of complaints to the Human Rights Committee. To this days, six « communications » putting it into question have been at the origin of the adoption of « final views » two of which have demonstrated a violation of rights laid down in the Convention. Yet various improvements have proved to be desirable so as to make resorting to the Committee more efficient. It is even conceivable that making the rule on exhausting internal recourses might allow the Committee to influence Canadian law by inciting Canada to amend its Constitution or to integrate the Convention into its national law so as to be usable before the courts. The Committee has thereby contributed to increasing the basic freedoms of Canadians via the Convention on Civil and Political Rights. Although their accomplishments have been praiseworthy, work done by the Human Rights Committee risks being incomplete if the status quo continues.

Human Right to Environment and Its Effective Protection in Catalonia, Spain and Europe

2014 ◽  
Vol 42 (1) ◽  
pp. 121-134
Author(s):  
Alexandre Peñalver i Cabré
Keyword(s):  
Human Rights ◽  
First Generation ◽  
18Th Century ◽  
Third Generation ◽  
Political Rights ◽  
Human Right ◽  
Effective Protection ◽  
Cultural Rights ◽  
Additional Layer ◽  
Civil And Political Rights

Human Right to Environment is one the most relevant Third Generation Human Rights which includes new universal needs arisen from the last third of 20th century. These new human rights add as an additional layer to the First Generation Human Rights (civil and political rights from the end of 18th century) and to the Second Generation Human Rights (economic, social and cultural rights from 19th century).

The Rights of Indigenous Peoples in Lands Once Part of the Old Dominions of the Crown

1997 ◽  
Vol 46 (4) ◽  
pp. 812-830 ◽  
Author(s):  
Anthony Mason
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Moral Foundations ◽  
Political Rights ◽  
Land Resources ◽  
Way Of Life ◽  
Cultural Rights ◽  
The World ◽  
Civil And Political Rights ◽  
Rights Issue

Of all the rights of indigenous people, none is more central to the survival of their culture than the claim to their ancestral lands. The resolution of their claims to ancestral lands is one of the fundamental issues of our time—indeed of all time. Often called a human rights issue—a description apt to reinforce the strong moral foundations of the claims of the indigenous peoples—it is an issue which we cannot ignore. Throughout the world people of all races and all colours have a powerful emotional attachment to their ancestral lands. That attachment is the very core of a people's culture and is vital to the survival of the culture. As the UN Human Rights Committee has recognised, in the context of the exercise of cultural rights protected by Article 27 of the International Covenant on Civil and Political Rights, “culture manifests itself in many forms, including a particular way of life associated with the use of land resources”.

4. The International Bill of Human Rights

2019 ◽  
pp. 56-71
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Universal Declaration ◽  
Political Rights ◽  
Legal Basis ◽  
Cultural Rights ◽  
Civil And Political Rights ◽  
The United Nations

This chapter analyses the history and principles of the International Bill of Human Rights, which is the ethical and legal basis for all the human rights work of the United Nations. The Bill consists of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, two Optional Protocols annexed thereto, and the International Covenant on Economic, Social, and Cultural Rights and Protocol. The chapter also assesses whether the Bill of Human Rights has lived up to the expectations of the original proponents.

scholarly journals International Human Rights Law and the Response to the covid-19 Pandemic

2020 ◽  
Vol 11 (2) ◽  
pp. 249-269
Author(s):  
Sarah Joseph
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
International Human Rights ◽  
Cultural Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
Civil And Political Rights ◽  
Do So

Abstract States have duties under Article 12(2)(c) of the International Covenant on Economic, Social and Cultural Rights and Article 6 of the International Covenant on Civil and Political Rights to prevent, control and treat covid-19. Implementation of these three obligations is analysed, taking account of countervailing human rights considerations. Regarding prevention, lockdowns designed to stop the spread of the virus are examined. Control measures are then discussed, namely transparency measures, quarantine, testing and tracing. The human rights compatibility of treatment measures, namely the provision of adequate medical and hospital care (or the failure to do so), are then examined. Finally, derogations from human rights treaties in times of pubic emergency are discussed.

scholarly journals Neglecting Social and Economic Rights Violations in Transitional Justice: Long-Term Effects on Accountability: Empirical Findings from the Extraordinary Chambers in the Courts of Cambodia

2018 ◽  
Vol 37 (2) ◽  
pp. 95-124
Author(s):  
Tine Destrooper
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Blind Spot ◽  
Political Rights ◽  
Long Term Effects ◽  
Economic Rights ◽  
Cultural Rights ◽  
Civil And Political Rights ◽  
International Profile

This article builds on theories about the expressive function of law and uses Structural Topic Modelling to examine how the prioritisation of civil and political rights (CPR) issues by the Extraordinary Chambers in the Courts of Cambodia (ECCC) has affected the agendas of Cambodian human rights NGOs with an international profile. It asks whether these NGOs’ focus on CPR issues can be traced back to the near-exclusive focus on CPR issues by the court, and whether this has implications for the creation of a “thick” kind of human rights accountability. It argues that, considering the nature of the Khmer Rouge's genocidal policy, it would have been within the mandate and capacity of the court to pay more attention to actions that also constituted violations of economic, social, and cultural rights (ESCR). The fact that the court did not do this and instead almost completely obscured ESCR rhetorically has triggered a similar blind spot for ESCR issues on the part of human rights NGOs, which could have otherwise played an important role in creating a culture of accountability around this category of human rights. Does this mean that violators of ESCR are more likely to escape prosecution going forward?

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