scholarly journals Corruption as a Serious Inhibitor to Human Rights Realisation: A Response from the UN Human Rights Committee

2021 ◽  
Vol 71 (1) ◽  
pp. 23-49
Author(s):  
Vasilka Sancin ◽  
Keyword(s):  
Human Rights ◽  
Critical Analysis ◽  
Negative Impact ◽  
Political Rights ◽  
Civil And Political Rights

The article first briefly discusses the negative impact of corruption on the enjoyment of human rights, particularly civil and political rights, and States parties’ obligations under the International Covenant on Civil and Political Rights (ICCPR), to then focus on a critical analysis of the UN Human Rights Committee’s practice (HRC), demonstrating that corruption is no longer only occasionally mentioned within differently focused substantive paragraphs of concluding observations, but features prominently, often as a standalone separate concern, followed by specific and detailed recommendations. Such development signals the recognition by the HRC of important interlinkages between corruption and serious effects on a number of ICCPR’s rights. The conclusion offers some thoughts on possible evolution on the issue within the HRC, with the objective of ensuring full realisation and enjoyment of civil and political human rights.

scholarly journals Women's Civil and Political Rights in Lebanon and France and Their Impact on Economic Growth

2020 ◽  
Vol 10 (1) ◽  
pp. 132
Author(s):  
Mahmoud MOURAD ◽  
Rim FARHAT
Keyword(s):  
Human Rights ◽  
Labor Force ◽  
Negative Impact ◽  
Positive Impact ◽  
Political Rights ◽  
Human Beings ◽  
The Real ◽  
Real Gdp ◽  
Civil And Political Rights ◽  
The Right

This study carried out a quantitative analysis of several variables in both Lebanon and France. Specific aspects related to education, unemployment, vulnerable employment, gender gap, and participation in parliamentary life were studied. We started from the rationale that human rights necessitate that human beings so it is imperative that each individual enjoy civil and political rights, which means in addition to the right to life and the right equality, there should be the right to the legal recognition and participation in public life whether through employment or elections. These rights have been recognized by the international human rights laws, mainly in the Universal Declaration of Human Rights by United Nations and by the existing local laws both in Lebanon and France.The tests of homogeneity for the panel data models from Lebanon and France have been implemented carefully considering the linear relationship between the real GDP as a dependent variable  and three of the independent variables consisting of the rate of women teachers in the secondary education , the rate of female to male ratio in labor force participation , the rate of women’s vulnerability to risks in the female labor force . The study demonstrated the importance of the Random Effects Model (REM) using the the log-transformed data. The study revealed a positive impact of both  and  on the real GDP  while the variable  has a negative impact both in Lebanon and France during the period (2008-2017).

scholarly journals POLITIK HUKUM LARANGAN PENGUNDURAN DIRI ANGGOTA KOMISI PEMILIHAN UMUM

2013 ◽  
Vol 1 (2) ◽  
Author(s):  
Nur'aini Nur'aini
Keyword(s):  
Human Rights ◽  
Negative Impact ◽  
The State ◽  
Political Rights ◽  
Legal Certainty ◽  
Public Benefits ◽  
Civil And Political Rights ◽  
Election Commission

Legal politics in Interdiction of Member of Election Commission Resignation. Every regulation promulgated supposes to create legal certainty, public benefits and justice in society. It is a condition sine quo non form State deciding Law as its State foundation. This aims should be started in legislation that guarantee the sustainability of human rights values.  A regulation should not limit or even produce negative impact towards society. Moreover, the regulation concerning civil and political rights should guarantee the rights a person as to resign from member of Election Commission. It’s the challenge should be respond by the State. Keywords: State of Law, Politic Law Development and Civil and Political Rights.

Regulacje ograniczeń w zakresie noszenia symboli religijnych w ocenie Komitetu Praw Człowieka ONZ

2021 ◽  
Vol 3(164) ◽  
pp. 243-260
Author(s):  
Jacek Falski
Keyword(s):  
Human Rights ◽  
Critical Analysis ◽  
Political Rights ◽  
Religious Symbols ◽  
European Court ◽  
Civil And Political Rights ◽  
Reference Body ◽  
Regional Reference ◽  
Legal Force

The article provides a critical analysis of three individual notification opinions issued by the UN Human Rights Committee in July 2018 on the compatibility of existing regulations in States parties (France, Turkey) on bans on wearing religious symbols with the freedom to manifest religion guaranteed by Article 18 of the International Covenant on Civil and Political Rights. Moreover, the text points out the dichotomy – in terms of content – of positions on this issue between the universal body and the regional reference body (the European Court of Human Rights) and also addresses such systemic issues as the problem of legal force of the Committee’s opinions, the lack of dialogue or even isolationism of international bodies ruling on human rights, or the dispute over the primacy of their decisions.

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.

The Economic and Political Determinants of Human (Including Health) Rights

1978 ◽  
Vol 8 (1) ◽  
pp. 145-168 ◽  
Author(s):  
Vicente Navarro
Keyword(s):  
Human Rights ◽  
Power Relations ◽  
Political Power ◽  
Political Rights ◽  
Individual Property ◽  
Socioeconomic Rights ◽  
Civil And Political Rights ◽  
Fair Wages ◽  
The Right ◽  
The U.S

This paper presents an analysis and critique of the U.S. government's current emphasis on human rights; and (a) its limited focus on only some civil and political components of the original U.N. Declaration of Human Rights, and (b) its disregard for economic and social rights such as the rights to work, fair wages, health, education, and social security. The paper discusses the reasons for that limited focus and argues that, contrary to what is widely presented in the media and academe: (1) civil and political rights are highly restricted in the U.S.; (2) those rights are further restricted in the U.S. when analyzed in their social and economic dimensions; (3) civil and political rights are not independent of but rather intrinsically related to and dependent on the existence of socioeconomic rights; (4) the definition of the nature and extension of human rights in their civil, political, social, and economic dimensions is not universal, but rather depends on the pattern of economic and political power relations particular to each society; and (5) the pattern of power relations in the U.S. society and the western system of power, based on the right to individual property and its concomitant class structure and relations, is incompatible with the full realization of human rights in their economic, social, political, and civil dimensions. This paper further indicates that U.S. financial and corporate capital, through its overwhelming influence over the organs of political power in the U.S. and over international bodies and agencies, is primarily responsible for the denial of the human rights of the U.S. population and many populations throughout the world as well.

ACCIDENT AND DESIGN: RECOGNISING VICTIMS OF AGGRESSION IN INTERNATIONAL LAW

2021 ◽  
Vol 70 (1) ◽  
pp. 103-132
Author(s):  
Shane Darcy
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Future Application ◽  
Political Rights ◽  
Recent Developments ◽  
Civil And Political Rights

AbstractInternational law has not traditionally recognised individuals as victims of the crime of aggression. Recent developments may precipitate a departure from this approach. The activation of the jurisdiction of the International Criminal Court over the crime of aggression opens the way for the future application of the Court's regime of victim participation and reparation in the context of prosecutions for this crime. The determination by the United Nations Human Rights Committee in General Comment No. 36 that any deprivation of life resulting from an act of aggression violates Article 6 of the International Covenant on Civil and Political Rights serves to recognise a previously overlooked class of victims. This article explores these recent developments, by discussing their background, meaning and implications for international law and the rights of victims.

The Right to Enter One’s Own Country: The Conflict between the Jurisprudence of the Human Rights Committee and the Travaux Préparatoires of Article 12(4) of the iccpr

2021 ◽  
Vol 10 (1) ◽  
pp. 75-123
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Political Rights ◽  
Civil And Political Rights ◽  
The Right

Abstract Article 12(4) of the International Covenant on Civil and Political Rights (iccpr) provides that ‘[n]o one shall be arbitrarily deprived of the right to enter his own country.’ The jurisprudence of the Human Rights Committee shows that Committee members have often disagreed on the question of whether the right under Article 12(4) is reserved for citizens only or it can be claimed by non-citizens who consider the countries in which they were born or they have lived for longer periods as their own. In its earlier case law, the Committee held that Article 12(4) is applicable to nationals only. Since 1999, when General Comment No.27 was adopted, the Committee has moved towards extending the right under Article 12(4) to non-nationals. Its latest case law appears to have supported the Committee’s position that Article 12(4) is applicable to non-nationals. Central to both majority and minority decisions in which the Committee has dealt with Article 12(4), is whether the travaux préparatoires of Article 12(4) support either view. This article relies on the travaux préparatoires of Article 12(4) to argue that it does not support the view that Article 12(4) is applicable to non-nationals.

Sign in / Sign up

Export Citation Format

Share Document