Provision of Remedies for Violation of Economic, Social and Cultural Rights: A Comparative Study of the United Nations, Inter-American and African Human Rights Systems

2020 ◽  
Vol 28 (2) ◽  
pp. 298-318
Author(s):  
Roman Girma Teshome
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Comparative Study ◽  
Economic Rights ◽  
Regional Monitoring ◽  
Cultural Rights ◽  
The Past ◽  
The United Nations ◽  
To Receive

The effectiveness of human rights adjudicative procedures partly, if not most importantly, hinges upon the adequacy of the remedies they grant and the implementation of those remedies. This assertion also holds water with regard to the international and regional monitoring bodies established to receive individual complaints related to economic, social and cultural rights (hereinafter ‘ESC rights’ or ‘socio-economic rights’). Remedies can serve two major functions: they are meant, first, to rectify the pecuniary and non-pecuniary damage sustained by the particular victim, and second, to resolve systematic problems existing in the state machinery in order to ensure the non-repetition of the act. Hence, the role of remedies is not confined to correcting the past but also shaping the future by providing reforming measures a state has to undertake. The adequacy of remedies awarded by international and regional human rights bodies is also assessed based on these two benchmarks. The present article examines these issues in relation to individual complaint procedures that deal with the violation of ESC rights, with particular reference to the case laws of the three jurisdictions selected for this work, i.e. the United Nations, Inter-American and African Human Rights Systems.

1 The Great Enterprise Gets Underway (1946–1955)

2020 ◽  
Author(s):  
Pace John P
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Political Rights ◽  
Unsuccessful Attempt ◽  
Cultural Rights ◽  
Holistic Concept ◽  
Initial Setting ◽  
Civil And Political Rights ◽  
The United Nations

This chapter describes the formation of the Commission on Human Rights following the coming into force of Charter of the United Nations. It then discusses the developments immediately following the launch of the Commission on Human Rights, notably the unsuccessful attempt to maintain an integral, holistic concept of human rights. It describes the role of the Commission in drafting the International Bill of Human Rights during the first seven years of its existence. It dwells on the challenge of maintaining a unitary Convention and the eventual separation of civil and political rights, and economic, social and cultural rights into two Covenants, and the related challenge of implementation. It describes the initial setting up of Sub-Commissions, followed by the emergence of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, and its fluctuating relations with the Commission in the years that followed.

scholarly journals COOPERATION BETWEEN UKRAINE AND THE UN AT THE PRESENT STAGE

2020 ◽  
pp. 34-40
Author(s):  
K. S. Loboda
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Sustainable Development Goals ◽  
Democratic Governance ◽  
Political Rights ◽  
International Convention ◽  
Cultural Rights ◽  
Development Goals ◽  
The Russian Federation ◽  
The United Nations

The article is devoted to the United Nations Organization, which turns 75 this year. The article reveals the cooperation between Ukraine and the UN. Despite the ongoing aggression by the Russian Federation, Ukraine pays special attention to the UN's efforts to maintain international peace and security, considering participation in it as an important factor in its foreign policy. Ukraine is an active participant in the activities of the UN system in the field of human rights, a party to all major UN human rights instruments, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Optional Protocols and the International Convention on the Elimination of all forms of racial discrimination. Since March 2014, at the invitation of our state, the UN Monitoring Mission in the field of human rights has been operating in Ukraine, recording the human rights consequences of Russian aggression. Our country receives significant technical, advisory and financial assistance from UN specialized agencies, its funds and programs, in particular, in the areas of democratic governance, poverty alleviation, achieving the National Sustainable Development Goals, supporting public administration, combating HIV / AIDS and other serious diseases, environment. In connection with the above, it should be emphasized that Ukraine, as a founding member of the United Nations, does not stand aside, but actively cooperates with this respected international organization in all areas of its activities. Ukraine remains a supporter of strengthening and increasing the effectiveness of the UN and adapting to modern challenges in the world. Keywords: United Nations Organization, Ukraine, Security Council, human rights, peacekeeping.

Introduction

Basic Rights ◽  
2020 ◽  
pp. 5-10
Author(s):  
Henry Shue
Keyword(s):  
Human Rights ◽  
Foreign Policy ◽  
Economic Rights ◽  
Cultural Rights ◽  
Basic Rights ◽  
Subsistence Rights ◽  
To Receive

This introductory chapter provides an overview of basic rights. The wisdom of a U.S. foreign policy that includes attention to “human rights” depends heavily upon which rights are in practice the focus of the attention. The major international documents on human rights include dozens of kinds of rights, often artificially divided into “civil and political” and “economic, social, and cultural” rights. U.S. foreign policy probably could not, and almost certainly should not, concern itself with the performance of other governments in honoring every one of these internationally recognized human rights. The policy must in practice assign priority to some rights over others. It is not entirely clear so far either which rights are receiving priority or which rights ought to receive priority in U.S. foreign policy. The purpose of this book is to present the reasons why the most fundamental core of the so-called “economic rights,” which can be called subsistence rights, ought to be among those that receive priority. The chapter then presents some divergent indications of what the priorities actually are.

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.

3. Human rights foreign policy and the role of the United Nations

2015 ◽  
Author(s):  
Andrew Clapham
Keyword(s):  
Human Rights ◽  
Foreign Policy ◽  
United Nations ◽  
International Law ◽  
Review Process ◽  
Periodic Review ◽  
Universal Periodic Review ◽  
High Commissioner ◽  
The United Nations

How are human rights put into practice? What does it mean when governments announce that their foreign policy is concerned with promoting and protecting human rights? Where is the enforcement of these rights? ‘Human rights foreign policy and the role of the United Nations’ considers human rights in terms of foreign policy and international law and examines the UN’s Universal Periodic Review process and the Office of the High Commissioner for Human Rights. It is only recently that governments have actively involved themselves in how another state treats its nationals, but enthusiasm for human rights in foreign policy ebbs and flows.

Beyond UN Accountability for Human Rights Violations

2019 ◽  
Vol 16 (1) ◽  
pp. 68-104
Author(s):  
Frédéric Mégret
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Organizations ◽  
Third Party ◽  
Human Rights Violations ◽  
Peace Operations ◽  
State Dependency ◽  
Host State ◽  
The United Nations

The overarching focus on the United Nations and its agents for human rights violations and abuses they may have committed, as well as the attention to troop contributing states and even ‘victims’, has broadly shifted attention away from the role of the host state in peace operation. This article seeks to unpack that omission and suggests that it is far more problematic than commonly thought, in particular because it tends to reproduce some of the problematic features of the political economy of peacekeeping that are the background of rights abuses in the first place. Instead, as part of a tradition of thinking of human rights in terms of sovereign protection, the article makes the case for taking much more seriously the role that the host state can and should have in order to address abuses by international organizations. It emphasises how international legal discourse has tended to ‘give up’ on the host state, but also how host states have themselves been problematically quiescent about violations occurring on their territory. This has forced victims to take the improbable route of seeking to hold the UN accountable directly, bereft of the sort of legal and political mediation which one would normally expect their sovereign to provide. The article contributes some thoughts as to why host states have not taken up their citizens’ cause more forcefully with the United Nations, including governmental weakness, a domestic culture of rights neglect, but also host state dependency on peace operations. The article then suggests some leads to rethink the role of the host state in such circumstances. It points out relevant avenues under international law as well as specifically under international human rights law, drawing on the literature developed to theorise the responsibilities of states in relation to private third-party non-state actors within their jurisdiction. It argues that there is no reason why the arguments developed with private actors, notably corporations, in mind could not be applied to public actors such as the UN. Finally, the article suggests some concrete ways in which the host state could more vigorously take up the cause of rights abuses against international organizations including by requiring the setting up of standing claims commissions or making more use of its consent to peace operations, as well as ways in which it could be forced to do so through domestic law recourses. The article concludes by suggesting that reinstating the host state within what should be its natural prerogatives will not only be a better way of dealing with UN abuses, but also more conducive to the goals of peacekeeping and state construction.

The Union Republics and Soviet Diplomacy: Concepts, Institutions, and Practices

1959 ◽  
Vol 53 (2) ◽  
pp. 383-411 ◽  
Author(s):  
Vernon V. Aspaturian
Keyword(s):  
Foreign Policy ◽  
United Nations ◽  
International Law ◽  
Marked Contrast ◽  
Soviet Government ◽  
The Past ◽  
Soviet Foreign Policy ◽  
The United Nations ◽  
Precise Role

Ever since the constitutional improvisations of February 1, 1944, one of the enigmatic and obscure aspects of Soviet diplomacy has been the precise role of the Union Republics in its execution, administration and procedures. Aside from the participation of the Ukraine and Byelorussia in the work of the United Nations and its affiliated bodies and conferences, little attention has been paid to the role or potential of the Union Republics in Soviet foreign policy. Their apparent diplomatic inertia, however, is misleading, for in marked contrast to their meager formal participation in external affairs is their increasing implication in the quasi-diplomatic maneuvers of the Soviet Government. Furthermore, the juridical capacity of the Republics to embark on diplomatic adventures meets the formal canons of internal and international law, and remains intact in spite of the past dormancy of their diplomatic organs. At opportune moments it may be transmuted into concrete diplomatic benefits.

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