scholarly journals Incorporation of Human Rights in International Relations

2021 ◽  
Vol 69 (4. ksz.) ◽  
pp. 85-92
Author(s):  
Upal Aditya Oikya
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Major Change ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Human Rights Regime ◽  
Humanitarian Crises ◽  
Universal Human Rights

Human rights have been firmly enmeshed in both studies and practice of international relations. The prevailing theories of international relations describe the function of those rights in substantially dissimilar ways, and it is apparent that their key statements include compelling arguments, suggesting an inconvenient apposition of state sovereignty with ideas of universal moral order. The development of the universal human rights regime of the United Nations (UN), the growth of international non-governmental organizations (NGOs), and, eventually, human rights activists have made it possible for human rights to be more deeply incorporated into state diplomatic activities.  These trends, however, raise critical concerns about the practice of the state of human rights. Although there is some reversal of the norm, however, states continue to face humanitarian crises and show signs of human rights protection domestically and promotion internationally to varying degrees. In the same way, we are also seeing a major change in the principles and procedures of international enforcement of human rights. The goal of this paper is to address briefly certain variables relevant to the incorporation of human rights in international relations.

scholarly journals Detention of Refugee Children in Malaysia and Thailand

2019 ◽  
Vol 3 (1) ◽  
pp. 59
Author(s):  
Samitra Parthiban ◽  
Khoo Ying Hooi
Keyword(s):  
Human Rights ◽  
Refugee Children ◽  
Refugee Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Governmental Organizations ◽  
Legal Method ◽  
Non Governmental Organizations ◽  
State Actors ◽  
Rights Issues

The refugee issue in Malaysia and Thailand is one of the most protracted human rights issues that both countries face. Regardless of abundant requests and advocacies by non-state actors, both locally and internationally, to persuade the governments of Thailand and Malaysia to provide protection to refugees, the fate of these refugees remain uncertain. One of the key limitations for the human rights protection of the refugees is that both countries did not sign the 1951 Refugee Convention or its 1967 Protocol, moreover, both Thailand and Malaysia do not treat the refugee issue as a domestic problem. This paper examines the detention of refugee children in Malaysia and Thailand with the main intention to advocate for the method of Alternatives to Detention (ATD) as a solution to the shortcomings in a legal method. Based on that, this paper first explores the human rights situation of refugee children in detentions by looking into the current detention practices of both countries. Secondly, this paper examines the strategies and tactics of how the local Non-Governmental Organizations (NGOs) advocate and convince their governments to adopt the approach of ATD.

Non-Governmental Organizations and the ASEAN Charter

2017 ◽  
Author(s):  
Jürgen Rüland
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Regional Integration ◽  
Domestic Politics ◽  
Human Rights Protection ◽  
Market Opening ◽  
Rights Protection ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Government

Non-governmental organizations were the main antipode to the Indonesian government in the ASEAN Charter debate. The chapter shows how NGOs proliferated in Indonesia’s post-1998 democratization and became major actors in the country’s domestic politics, including the debate on Indonesia’s ASEAN policies. The chapter examines how civil society activists localized European concepts of regional integration. NGOs promoted bolder reforms than did the government, focusing on popular empowerment in regional decision making, human rights protection, and social benefits for the less advantaged segments of society. NGOs pleaded for an “alternative regionalism” or “regionalism from below,” which critically evaluated ASEAN’s government-driven market-opening reforms. Even more than the government, NGOs also imported ideas on regionalism not only from Europe, but also from Latin America and Africa. Yet NGOs, too, localized these alien concepts of regionalism with extant ideas on welfare, organicism, anticapitalist traditions, and—to a lesser extent—security.

scholarly journals HUMAN RIGHTS IN MODERN INTERNATIONAL RELATIONS: EVOLUTION OF DEVELOPMENT, PROBLEMS AND PROSPECTS

2020 ◽  
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Legal Aspect ◽  
Value Orientations ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Stage Of Development ◽  
Wide Range ◽  
The World

Introduction. At the present stage of development of the world political process, one of the main problems has been to ensure the effective operation of human rights protection mechanisms, both at the national and international levels. The main vocation of legal science in this area is to provide expert assessments of problematic issues and scientifically developed recommendations for improving the mechanisms of human rights protection in modern international relations and especially in crisis situations that have become almost permanent in the life of the world community. The purpose of this publication was to implement a retrospective analysis of the evolution of the development of legal consolidation of human rights at the international level and the thorny problems in this area. Summary of the main research results. Thus, this publication considers the main stages of human rights, highlights the main problems of development, outlines the place of human rights in modern international relations and presents the main characteristics of the challenges facing states in the implementation of cooperation in the field of human rights. Finding the specifics of human rights and identifying mechanisms for their formation is a separate problem for jurists. The legal aspect of enshrining human rights in international legal instruments is important in the context of modern reality. It is through the disclosure of this issue that it is possible to identify the main stages of the evolution of the consolidation of human rights in international law. Conclusions. The development of international legal consolidation of human rights has significantly influenced the evolution of international law as a whole. Under the influence of these processes, national sovereignty, as a basic principle of international law, began to take on new forms, and the individual acquired many features of international legal personality. Thanks to non-state rule-making, the sphere of consolidation and protection of human rights tends to self-development and constant adaptation to the changing needs of society in the social and moral spheres. Human rights are a cultural phenomenon that reflects the system of value orientations of a person rooted in a particular historical epoch and depends on the ideology of the world legal community. The problem of human rights, their protection from external and internal threats requires an immediate solution, making it a priority to consider legal issues among a wide range of global problems of mankind. At the same time, it must be emphasized that the democratic development of modern society and human rights are inextricably linked. This connection also implies that human rights must be recognized as legitimate as a result of democratic procedures, but outside the national legal systems there is a moral justification necessary to convince the subjects of international law that everyone, even outside the national legal system must enjoy all guaranteed rights and freedoms.

scholarly journals Evaluating Competing “Democratic” Discourses: The Impact on Human Rights Protection in Southeast Asia

2014 ◽  
Vol 33 (3) ◽  
pp. 49-77 ◽  
Author(s):  
James Gomez ◽  
Robin Ramcharan
Keyword(s):  
Human Rights ◽  
Southeast Asia ◽  
International Standards ◽  
Cultural Dimension ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Complex Interactions ◽  
Human Rights Regime ◽  
Global And Local ◽  
The Impact

This paper evaluates the impact of competing “democratic” discourses on human rights protection in Southeast Asia. The authors identify three key discourses emanating from a set of national governmental policies, advocacy positions promoted by both global and local civil society and international standards and procedures adopted by members of inter-governmental organisations. These discourses, the authors argue, are collectively shaping the emerging ASEAN inter-governmental human rights regime. The political impact of these competing “democratic” discourses and their complex interactions bring a cultural dimension to regional human rights. The authors argue that observers seeking to understand the emergence of norms, the establishment of institutions and their capacity to collectively protect regional human rights, need to understand these competing discourses.

scholarly journals SOUTH-SOUTH DIALOGUE: A NEW PARADIGM FOR INTERNATIONAL RELATIONS AND HUMAN RIGHTS PROTECTION

2012 ◽  
Vol 56 ◽  
Author(s):  
Ana Leticia Barauna Duarte Medeiros
Keyword(s):  
Human Rights ◽  
International Relations ◽  
New Paradigm ◽  
Human Rights Protection ◽  
Rights Protection ◽  
America Latina

América Latina e Africa compartilham de um passado histórico comum em relação ao processo de colonização e seus efeitos até hoje entidos no campo socioeconômico e cultural. A partir desse contexto nasce no final da década de 1970 a “Cooperação Sul-Sul”, com o objetivo de promover o desenvolvimento conjunto entre países com economia emergente que compartilham obstáculos e desafios comuns. Mais recentemente, o Brasil vem se destancando como um país-chave na filosofia cooperativa, com iniciativas que ultrapassam o campo meramente econômico. Este artigo pretende explorar a possibilidade de um intercâmbio cooperativo também no campo jurídico formal, em particular a partir do exemplo da Constituição Brasileira de 1988 que posicionou os direitos humanos como eixo central do ordenamento jurídico vigente.

O SURGIMENTO DO TRIBUNAL PENAL INTERNACIONAL COMO UMA DECORRÊNCIA DO NEOCONSTITUCIONALISMO E DE SUA PROPOSTA DE PROTEÇÃO AOS DIREITOS HUMANOS UNIVERSAISTHE EMERGENCE OF THE INTERNATIONAL CRIMINAL COURT AS A RESULT OF THE NEOCONSTITUTIONALISM AND ITS PROPOSAL FOR UNIVERSAL HUMAN RIGHTS’ PROTECTION

2016 ◽  
Vol 5 (9) ◽  
Author(s):  
Artemis Cardoso Holmes (Universidade Nova de Lisboa)
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Universal Human Rights

Neste artigo pretende-se demonstrar que o Neoconstitucionalismo, ao priorizar os princípios em detrimento das normas positivadas e eleger os direitos humanos como lastro de validade das leis, contribuiu para o desenvolvimento da jurisdição internacional, fato que possibilitou a instituição do Tribunal Penal Internacional.

Opinion 2/13 of the Court (C.J.E.U.)

2016 ◽  
Vol 55 (2) ◽  
pp. 267-306
Author(s):  
Daniel Halberstam
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Regime ◽  
Gradual Process ◽  
Drawing Board

Opinion 2/13 of the Court of Justice of the European Union (CJEU) declared the draft agreement on European Union accession to the European Convention on Human Rights (ECHR) incompatible with the Treaty on European Union. The Opinion comes toward the end of a long and gradual process of incorporating human and fundamental rights principles into the legal system of the European Community and its successor, the European Union. Opinion 2/13 sends the Commission back to the drawing board on what has long been seen as the capstone of that process—EU accession to the Strasbourg human rights regime as an external check on human rights protection within the European Union.

scholarly journals A Legal Vacuum in The Principles of International Human Rights Protection

2020 ◽  
Vol 5 (2) ◽  
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Theoretical Concept ◽  
International Affairs ◽  
International Protection ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
The Subject ◽  
International Conventions

The subject of our research will be international protection as it is a theoretical concept, far from the practical meaning that relates to the international conventions and declarations on the protection of human rights and the mechanisms associated with them. It must now evolve only after long periods of time, and with timid beginnings, in this study we must address the stages in the development of international protection. Since international protection-in the sense that this research deals with - concerns international affairs, it has been affected by the development of international relations and similar problems, so this study will also address those problems, which have hindered the development of international protection within the methodology of comparative analysis.

31. Human rights

2016 ◽  
Author(s):  
Jack Donnelly
Keyword(s):  
Human Rights ◽  
Transnational Politics ◽  
National Interests ◽  
Principal Mechanism ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Syrian Civil War ◽  
Human Rights Regime ◽  
The Relationship

This chapter examines the multilateral, bilateral, and transnational politics of human rights in contemporary international society. It considers why internationally-recognized human rights are implemented largely through national action. It also explores whether human rights should be enforced through greater regional and international judicial action, or whether international armed force should be used; what the global human rights regime tells us about the relationship between moral interests and national interests; bilateral foreign policy as a principal mechanism of international action on behalf of human rights; and the role of non-commercial non-governmental organizations (NGOs) in the international politics of human rights. Two case studies are presented, one dealing with international responses to the Tiananmen massacre and the other with the Syrian civil war. There is also an Opposing Opinions box that asks whether the international community has, and should strive, to acquire a responsibility to protect people from human rights violations.

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