Treaty-based monitoring mechanisms and the effective protection of human rights: With special reference to the necessity of introducing a collective complaints procedure within the Framework Convention for the Protection of National Minorities (FCNM)

2019 ◽  
Vol 84 ◽  
pp. 347-376
Author(s):  
Jung-Won Park
Author(s):  
Sanjay Kumar Yadav

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.


2019 ◽  
Vol 4 (02) ◽  
pp. 213-237 ◽  
Author(s):  
Humberto CANTÚ RIVERA

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.


Author(s):  
I. G. Dudko

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.


Author(s):  
Antônio Walber Matias Muniz ◽  
Bianca Viana Thomaz ◽  
Taís Vasconcelos Cidrão

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.


2016 ◽  
Vol 3 (1) ◽  
pp. 155-162
Author(s):  
N I Kostenko

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.


1994 ◽  
Vol 2 (1) ◽  
pp. 7-34 ◽  
Author(s):  
Jan E. Helgesen

AbstractThis article gives an analysis of the protection of minorities in the CSCE documents. It explains the historical evolution of the set of norms pertaining to the minority question in the CSCE Process. The author shows how this kind of questions, form the beginning, played a modest role in the crusade for the protection of human rights. Emphasis was on the protection of the individual, not on the group as such. Gradually, however, more importance has been given to the protection of minorities. The author is convinced that the CSCE is an interesting option for those wanting to enhance the international protection of the rights of minorities. He puts particular emphasis on the establishment of the CSCE High Commissioner on National Minorities.


2020 ◽  
Vol 10 (2) ◽  
pp. 143-146
Author(s):  
MARINA KUMYSHEVA ◽  
◽  
MARYANA SHIGALUGOVA

Modern Russian legislation is focused on the effective protection of human rights. In this area, special attention is paid to the institution of the family and the rights of minors. The article presents an analysis of the responsibility for involving minors in the commission of antisocial actions. Based on the study, the author notes that Russian law does not reflect all the nuances of the crime in question. In this regard, proposals have been formulated to improve the current criminal law by supplementing with qualifying features.


2019 ◽  
Vol 21 (5) ◽  
pp. 400-408
Author(s):  
Bożena Gronowska

Abstract Judicial dialogue in the field of the protection of human rights has its own history and faces new challenges. In this article the author firstly explains the mechanism as such, and then tries to find some constructive conclusions concerning the real impact of this kind of judicial activity. All the considerations are focused mainly on the experiences of the European Court of Human Rights and its influence on the other “partners” involved in the effective protection of the rights and freedoms of individuals. Some impressive examples of the practice in this regard are exposed. Nonetheless, in the author’s opinion the visible changes of contemporary sociological conditions, mainly in Europe, have their consequences in the approach of the European courts. Being the main “creators” of human rights standards, they can influence in a tangible way the position of domestic judicial organs. In such a situation an active judicial dialogue (both in its horizontal and vertical dimensions) seems to be even more necessary.


2018 ◽  
Vol 4 (1) ◽  
pp. 198-228
Author(s):  
Bartosz Liżewski

The article is devoted to the presentation of the outline of the concept of operationalization of human rights taking place in the states involved in the system of international protection of those rights. The concept of operationalization of protection is a collective term for a series of processes that lead to the establishment of legal provisions protecting human rights, and to transfer this abstract construct to specific societies. It includes both the decision-making processes of extralegal (uprising idea, its conceptualization, social issues and change the perception of axiology of society, cultural aspects) and legal (lawmaking and law application processes in the aspect of human rights and the impact of international institutions on them) character. The essence of the process of operationalization is providing effective protection of human rights in a state. The concept is set primarily on the consequences of membership of Poland in the system of the Council of Europe.


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