scholarly journals Complementarity: Towards Robust Human Rights Governance in the New Zealand State Sector

2021 ◽  
Author(s):  
◽  
Helen Patricia Greatrex
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
International Human Rights ◽  
State Sector ◽  
Factors Affecting ◽  
Effective Implementation ◽  
Number Of Factors ◽  
International Human ◽  
Human Rights Standards ◽  
Human Rights History

<p>Successive governments have committed New Zealand to implementing international human rights standards domestically. In terms of practical governance, what does this mean and how might effectiveness be measured? A face-value answer can be found in domestic laws and institutions relating to human rights. However, this thesis argues that the effective implementation of ratified international human rights goes well beyond what this thesis terms the law+litigation approach (crucial though that is). By tracing developments historically, analysing the policy and governance issues, and using case studies this research shows that effective implementation is characterised by a new concept: 'complementarity'. This concept is about an increasing coherence between a number of factors affecting the state sector which impact on the fostering and delivery of human rights. These include international and domestic dimensions, law and public policy, public fairness, administrative pragmatism, and proactive and reactive approaches to implementation. Greater complementarity is shown to produce another term suggested in the thesis: robust human rights governance. The opposite - fragile human rights governance - is also explored. As well as the complementarity model, this research also suggests there are six phases in New Zealand's human rights history. It is argued that the sixth most robust stage has been reached, but that there are elements of previous stages that are weak, developing or non-existent. Leading on from this 20 criteria to assess what effectiveness 'looks like' in relation to robust human rights governance are also developed. Although this is primarily a New Zealand study, the widespread adoption of human rights standards by many states inevitably means that the issues are relevant to other countries, even though there are always varying degrees of similarity-difference in constitutional background and developed or emerging human rights systems. This thesis shows the pathways, the mechanisms, the evolving frameworks and the approaches that would help to differentiate robust from fragile human rights governance. The tools in this research should therefore enable a more nuanced assessment of effectiveness in terms of robust human rights governance.</p>

scholarly journals Complementarity: Towards Robust Human Rights Governance in the New Zealand State Sector

2021 ◽  
Author(s):  
◽  
Helen Patricia Greatrex
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
International Human Rights ◽  
State Sector ◽  
Factors Affecting ◽  
Effective Implementation ◽  
Number Of Factors ◽  
International Human ◽  
Human Rights Standards ◽  
Human Rights History

<p>Successive governments have committed New Zealand to implementing international human rights standards domestically. In terms of practical governance, what does this mean and how might effectiveness be measured? A face-value answer can be found in domestic laws and institutions relating to human rights. However, this thesis argues that the effective implementation of ratified international human rights goes well beyond what this thesis terms the law+litigation approach (crucial though that is). By tracing developments historically, analysing the policy and governance issues, and using case studies this research shows that effective implementation is characterised by a new concept: 'complementarity'. This concept is about an increasing coherence between a number of factors affecting the state sector which impact on the fostering and delivery of human rights. These include international and domestic dimensions, law and public policy, public fairness, administrative pragmatism, and proactive and reactive approaches to implementation. Greater complementarity is shown to produce another term suggested in the thesis: robust human rights governance. The opposite - fragile human rights governance - is also explored. As well as the complementarity model, this research also suggests there are six phases in New Zealand's human rights history. It is argued that the sixth most robust stage has been reached, but that there are elements of previous stages that are weak, developing or non-existent. Leading on from this 20 criteria to assess what effectiveness 'looks like' in relation to robust human rights governance are also developed. Although this is primarily a New Zealand study, the widespread adoption of human rights standards by many states inevitably means that the issues are relevant to other countries, even though there are always varying degrees of similarity-difference in constitutional background and developed or emerging human rights systems. This thesis shows the pathways, the mechanisms, the evolving frameworks and the approaches that would help to differentiate robust from fragile human rights governance. The tools in this research should therefore enable a more nuanced assessment of effectiveness in terms of robust human rights governance.</p>

scholarly journals The Problems and Promise of International Rights in the Challenge to Māori Imprisonment

2019 ◽  
Vol 8 (1) ◽  
pp. 1-17 ◽  
Author(s):  
Elizabeth Stanley ◽  
Riki Mihaere
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Criminal Justice ◽  
Primary Research ◽  
International Human Rights ◽  
Documentary Analysis ◽  
International Rights ◽  
International Human ◽  
Human Rights Standards

This article draws upon extensive primary research involving substantive documentary analysis of United Nations (UN) reports and New Zealand (NZ) debates over the last 20 years, and interviews with senior Māori professionals, to consider the role of international human rights standards and processes in the challenge to Māori imprisonment. It shows that over-representation is carefully managed by the NZ state in four ways: (i) a perpetual representation of Māori as the offenders; (ii) the selective endorsement of rights, such that discriminatory criminal justice operations are normalised; (iii) a pervasive human rights ritualism within UN reporting processes; and (iv) the legitimisation of imprisonment and inequalities through the international rights system. Notwithstanding these problems, Māori remain alive to the potential of challenging imprisonment through engagement with international rights frameworks. They indicate the need for a tripartite approach of reforms, decolonising acts and abolitionist strategies in doing so.

scholarly journals The right to education: What is happening for disabled students in New Zealand?

2016 ◽  
Vol 36 (1) ◽  
Author(s):  
Alison Kearney
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Minority Groups ◽  
Right To Education ◽  
International Human Rights ◽  
Disabled Students ◽  
Human Rights Treaties ◽  
International Human ◽  
The Right ◽  
Human Rights Standards

<p>New Zealand is a country of 4.2 million people with a record of meeting and often exceeding human rights standards, and of contributing to the development of international human rights treaties and covenants (New Zealand Human Rights Commission 2010). Despite this, exclusion both from and within education is a reality for some children from minority groups, and in particular, disabled students (Kearney, 2011; MacArthur, 2009; New Zealand Human Rights Commission, 2010). This paper examines disabled students' right to education in New Zealand, highlighting barriers to the realization of this right. Results from a survey of parents of disabled students who had been excluded and/or marginalized from school are reported and discussed in light of national and international literature.</p>

Influence of the ICCPR in Asia

2018 ◽  
Author(s):  
Yogesh Tyagi
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
International Human Rights ◽  
Factors Affecting ◽  
Judicial Discourse ◽  
International Human ◽  
Golden Jubilee ◽  
Civil And Political Rights ◽  
The Impact

The golden jubilee of the International Covenant on Civil and Political Rights (ICCPR) coincides with the emergence of Asia as a centre of global attention. However, greater attention to Asia has been accompanied by some scepticism over its attitude towards human rights. The chapter provides an overall assessment of the impact of the ICCPR on the major Asian States, with an analysis of the factors affecting such influence. The chapter considers the involvement in, observance of, and compliance with the provisions of the ICCPR by these States. It further delves into the academic and judicial discourse on the ICCPR within these States, recording the domestic disposition towards judgments of foreign courts, the output of the Human Rights Committee, and the work of other international human rights bodies. It makes suggestions for developing mechanisms to improve the effectiveness of the ICCPR and for creating databases to perform further research in the area.

scholarly journals Exploring Children’s Understanding of the Legal Rights of Suspects in England and Wales

Youth Justice ◽  
2021 ◽  
pp. 147322542110305
Author(s):  
Vicky Kemp ◽  
Dawn Watkins
Keyword(s):  
Human Rights ◽  
Young People ◽  
Legal Rights ◽  
International Human Rights ◽  
Children And Young People ◽  
England And Wales ◽  
Research Interviews ◽  
International Human ◽  
Points Of View ◽  
Human Rights Standards

While studies have explored adult suspects’ understanding of their legal rights, seldom are the experiences of children and young people taken into account. In this article, we discuss findings arising out of research interviews conducted with 61 children and young people; many of whom have experience of being suspects. From listening to their points-of-view, we find that children and young people fundamentally lack understanding of the rights of suspects, and especially the inalienable nature of those rights. We argue this is not surprising when children are being dealt with in an adult-centred punitive system of justice, which is contrary to international human rights standards.

Lois Mémorielles in Post-Genocide Societies: The Rwandan Law on Genocide Ideology under International Human Rights Law Scrutiny

2014 ◽  
Vol 27 (2) ◽  
pp. 419-445 ◽  
Author(s):  
PIETRO SULLO
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Freedom Of Expression ◽  
European Countries ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
Human Rights Standards

AbstractThis article discusses the Rwandan Law 18/2008 on genocide ideology in the light of international human rights standards. In order to put the genocide ideology law into context, it sketches a brief overview of the post-genocide scenario. Because of the influence that provisions restricting freedom of expression aimed at fighting negationism might exert on testimonies during genocide trials, it pays particular attention to the transitional justice strategies adopted in Rwanda. Finally, it assesses the law on the genocide ideology against the background provided by the measures implemented in some European countries to deal with the phenomenon of negationism.

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