Muslim Discourse on International Human Rights: The Problem of Harmonization Wacana Islam mengenai Hak Asasi Manusia Antarabangsa: Masalah Pengharmonian

Author(s):  
Sayed Sikandar Shah Haneef

AbstractThe concept of human rights as embodied in the Universal Declaration of Human Rights indisputably is a western construct. Since Muslim states at the official plane have committed themselves to its tenets by being signatory to it as members of the United Nations, their afterthought has triggered a debate among the academia about its harmonization with the Islamic notion of human rights. Some reject it in its entirety, others advocate its adoption even at the expense of some Islamic core values and yet another body of opinion sees it in total conformity with Islam. This paper argues that all the above perspectives in spite of their merits miss one important point, namely addressing the issue in the context of Muslim- nation- states interacting with the community of nations with their own specific value systems.  Accordingly, the harmonization in line with the legitimate Islamic methodology is the real alternative which this presentation endeavours to articulate. Keywords: International Human Rights, Muslim Discourse, Harmonization, Muslim States.*********************************** AbstrakKonsep hak asasi manusia seperti yang termaktub dalam Universal Declaration of Human Rights tidak boleh dinafikan adalah pembinaan barat. Sejak negara-negara Islam yang rasmi telah bertekad diri kepada rukunnya dengan menjadi penandatangan kepadanya sebagai ahli United Nations, renungan mereka telah mencetuskan perbahasan antara akademi mengenai harmonisasinya dengan konsep hak asasi manusia dalam Islam. Sesetengah menolak cadangan itu secara keseluruhannya, yang lain menyokong perlaksanaannya walaupun perlu mengorbankan beberapa nilai-nilai teras Islam dan satu lagi badan berpendapat ia selaras dengan Islam. Karya ini berpendapat bahawa semua perspektif yang tertera di atas di sebalik merit, mereka terlepas satu perkara penting, iaitu menangani isu ini dalam konteks Islam-negara-bangsa yaitu berinteraksi dengan masyarakat negara-negara dengan sistem nilai tertentu sendiri. Sehubungan dengan itu, harmonisasi menerusi metodologi Islam yang sah adalah alternatif sebenar seperti apa yang karya ini berusaha untuk menyuarakan.Kata Kunci: Hak Asasi Manusia Antarabangsa, Wacana Islam, Pengharmonian, Negara-negara Islam.

Author(s):  
Emilie M. Hafner-Burton

This chapter considers areas where reforms could make the international human rights legal system more effective and influential. In particular, it examines just what kinds of reforms are achievable in the real world along with their likely impact. Four types of reform are discussed. First are notions about how the broader public might become more aware that the system exists, and also more fully engaged with human rights legal procedures at home and internationally. Second are reforms aimed at streamlining the human rights legal system. Third is the professionalization of the system, especially the United Nations treaty bodies and Secretariat. Fourth is investing in credibility and legitimacy. The chapter concludes by outlining strategies that could increase the success of reform efforts and highlighting the limits of reform.


Tehnika ◽  
2020 ◽  
Vol 75 (6) ◽  
pp. 665-677
Author(s):  
Aleksandra Kovačević ◽  
Zoran Pendić

One of the most important human rights is the right to quality education for all. It is embedded in the foundations of the UNESCO mission and is contained in the Universal Declaration of Human Rights of 1948 and many other international human rights instruments. It is embedded in the foundations of the UNESCO mission and is contained in the United Nations Universal Declaration of Human Rights of December 10, 1948 and many other international human rights instruments. The United Nations has defined priorities for the development of human civilization until 2030 in the form of 17 goals of sustainable development goals. Education is the fourth element of this set of goals, because it is an indisputable fact that only an educated society is capable of solving problems aimed at achieving all goals. Primary education that children receive in primary schools is especially important, because the success of the entire system of formal and non-formal education in one country largely depends on the quality of this education. It is also the beginning of a marathon of lifelong learning. We must not forget that this education largely depends on the quality of preschool education of children and the involvement of their parents in the process of early stages of education. The paper will include our vision of innovative and sustainable education in primary schools, as well as proposals for continuous improvement of the quality of this education in accordance with the requirements of relevant international standards and accepted world, but also our, experience in primary education.


Author(s):  
Hennebel Ludovic

This chapter discusses the United Nations Human Rights Committee, which is in charge of the supervision of a major human rights treaty within the UN machinery, the International Covenant on Civil and Political Rights (ICCPR). This was adopted in 1966 and came into force in 1976. The Human Rights Committee enjoys a peculiar position in the international human rights architecture. It has been labelled ‘as one of the most active and innovative’ bodies among the UN institutions involved in human rights monitoring, considering that it is in charge of one of the two covenants which, together with the Universal Declaration, are sometimes presented as the ‘International Bill of Rights’ and covers the broadest subject-jurisdiction matter. At the same time, the Committee and its work remain overlooked and quite obscure even for most human rights lawyers and certainly for a lay audience. The chapter assesses the Committee’s mechanisms and work.


1982 ◽  
Vol 76 (4) ◽  
pp. 754-778 ◽  
Author(s):  
Theodor Meron

One of the characteristic phenomena of contemporary international life is the proliferation of human rights instruments and systems of supervision. In addition to the Charter of the United Nations and comprehensive global conventions such as the International Covenant on Economic, Social and Cultural Rights (Economic Covenant) and the International Covenant on Civil and Political Rights (Political Covenant), instruments have been adopted within the United Nations or the specialized agencies to govern particular aspects of human rights (e.g., racial discrimination, rights of women) and within regional organizations (e.g., the Council of Europe, the Organization of American States) to govern both general and particular aspects of human rights. In the United Nations, the general practice has been for each normative instrument to create its own system of supervision whenever such systems have been established. Typically, each organ of supervision applies only the norms adopted in the specific “founding” instrument, rather than the entire corpus juris of international human rights or even all of the instruments comprising the International Bill of Human Rights, i.e., the Universal Declaration of Human Rights (Universal Declaration), the Economic Covenant, the Political Covenant, and the Optional Protocol to the International Covenant on Civil and Political Rights. This proliferation of normative instruments and systems of supervision, which is similar to the proliferation that has given rise to difficult questions of coordination within and between international organizations in the fields of budget, programming, and administration, has led to overlapping jurisdiction and even to conflicts between the legislative and supervisory competence, or claims of competence, of various international bodies. The object of this article is not to compile or map out all the possible conflict areas or to undertake a detailed analysis of the conflicts, whether real or imaginary. Its more modest purpose is to present a broad panorama of the problems, directions, and policy. These matters merit attention, even though political and institutional reasons may make major reforms impossible for the time being. The questions to be discussed are relevant to three major fields of international law: treaties, human rights, and international organizations. While substantive problems of “legislation” or norm making are closely related to problems of supervision or implementation, normative problems will be focused upon first, and problems of supervision second.


Refuge ◽  
1997 ◽  
pp. 39-44
Author(s):  
Brian Gorlick ◽  
Sumbul Rimi Khan

This article focuses on the relationship between international human rights standards and refugee protection. The foundational status of the Universal Declaration of Human Rights and other human rights treaties are surveyed in light of India's international legal obligations. The authors argue that international human rights law and practice have had a significant impact on the protection activities of the Ofice of the United Nations High Commissioner for Refugees (UNHCR) both in countries of asylum, countries of origin and in relation to the United Nations and other human rights actors. In this context, courts and national human rights institutions are important players in safeguarding the rights of refugees. As none of the countries of South Asia is party to the international refugee instruments nor have any of them adopted a national refugee law or procedure, the activities of the Indian National Human Rights Commission stand out as a positive example of national institution expanding the legal protection of refugees in the region.


1997 ◽  
Vol 25 (1-3) ◽  
pp. 17-34
Author(s):  
Gudmundur Alfredsson

International cooperation for the promotion and encouragement of human rights and fundamental freedoms is one of the very purposes of the United Nations, according to article 1 of the Organization's Charter. The mandate is clear. In order to live up to this purpose, much work has been undertaken by establishing international human rights standards and by encouraging and persuading states to comply with these same standards.This presentation, by way of an overview, briefly describes the international human rights instruments and the classification and contents of the standards contained therein. The methods employed by the United Nations and non-governmental organization (NGOs) for the realization of the standards are also outlined, including monitoring procedures, technical assistance and other activities concerned with the protection and promotion of human rights. Finally, the presentation identifies UN institutions where human rights issues and procedures are debated and decided upon.


2019 ◽  
Vol 30 (3) ◽  
pp. 753-777
Author(s):  
Vera Shikhelman

Abstract In recent years, there has been an increasing amount of research about the implementation of international law. However, there has been almost no empirical research about implementing decisions of international human rights institutions. The decisions of those institutions are usually regarded as soft law, and states do not have a clear legal obligation to implement them. In this article, I bring original empirical data about how and when states implement decisions of the United Nations Human Rights Committee (HRC) in individual communications. I hypothesize that the following factors influence the readiness of states to implement the views of the HRC: (i) the level of democracy and human rights protection in the state; (ii) internal capacity; (iii) strength of civil society; (iv) type of remedy; (v) representation on the HRC; (6) subject matter of the communication. I find that the most important factor for implementing remedies granted by the Committee is the high human rights score of the state. The internal capacity of the state is also significant but to a lesser extent than found in previous studies. Also, I find a certain connection between the state being represented on the HRC and its willingness to implement the remedies.


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