scholarly journals Transformational development in a changing context: A Latin American perspective

2016 ◽  
Vol 72 (4) ◽  
Author(s):  
Angelique J.W.M. van Zeeland
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Latin American ◽  
Faith Based ◽  
Humanitarian Response ◽  
Civil Society Organisations ◽  
American Perspective ◽  
Development Context ◽  
Transformational Development ◽  
Human Rights Based Approach

This article analyses the challenges for the strategies and practices of transformational development in a changing context. This reflection is based on contributions received during the process of dialogues and regional consultations, realised from August 2012 until March 2014, of the ACT Alliance, an international coalition of churches and faith-based organisations (FBOs) working in the areas of humanitarian response, development and advocacy. The main processes that affect the changing development context are addressed, such as the ongoing globalisation as well as the consequences, mainly regarding the shrinking space for civil society. It discusses the concepts of human development and of transformational development, based on a people-centred development vision, a human rights-based approach and advocacy, which addresses the root causes and effects of poverty, inequality and injustice. Transformational development practices, from Latin America, are presented and analysed. The article concludes that the changing development context also offers opportunities, especially regarding regional and global alliances of FBOs, civil society organisations and of social movements.

Conflict of Laws and the Return of Indigenous Peoples’ Cultural Property: A Latin American Perspective

2019 ◽  
Vol 26 (4) ◽  
pp. 437-456
Author(s):  
María Julia Ochoa Jiménez
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Latin American ◽  
National Level ◽  
Cultural Property ◽  
Cultural Value ◽  
Property A ◽  
American Perspective ◽  
International Instruments ◽  
Conflict Of Law

Abstract:In Latin America, conflict-of-law norms have not appropriately considered the cultural diversity that exists in their legal systems. However, developments towards the recognition of Indigenous peoples’ human rights, at the international and national levels, impose the task of considering such diversity. In that regard, within the conflict-of-law realm, interpersonal law offers a useful perspective. This article proposes a conflict-of-law rule that can contribute to clarity and legal certainty, offering a sound way of dealing at the national level with Indigenous peoples’ claims for restitution of property with a cultural value for them, which is framed in international instruments on human rights.

scholarly journals International organisations and human rights: What direct authority needs for its legitimation

2017 ◽  
Vol 44 (2) ◽  
pp. 343-366 ◽  
Author(s):  
Monika Heupel ◽  
Gisela Hirschmann ◽  
Michael Zürn
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
World Bank ◽  
Sexual Exploitation ◽  
Institution Building ◽  
Theoretical Expectation ◽  
International Organisations ◽  
Civil Society Organisations ◽  
Middle Powers ◽  
Formal Power

AbstractHuman rights violations by international organisations (IOs) are a possible side effect of their growing authority. Recent examples are the cases of sexual exploitation by UN peacekeepers and violations caused by IMF austerity measures. In response, IOs increasingly develop safeguards to protect human rights from being violated through their policies to regain legitimacy. We argue that this development can be accounted for by a mechanism we call ‘authority-legitimation mechanism’. We test this theoretical expectation against ten case studies on UN and EU sanctions policies, UN and NATO peacekeeping and World Bank and IMF lending. Next, we demonstrate inductively that the authority-legitimation mechanism can evolve through different pathways, depending on which actors get engaged. We label these pathwayslegislative institution-buildingif parliaments in member states put pressure on their governments to campaign for human rights safeguards in IOs,judicial institution-buildingif courts demand human rights safeguards,like-minded institution-buildingif civil society organisations, middle powers and IO bodies with little formal power push for human rights safeguards, oranticipatory institution-buildingif IOs adopt such safeguards from other IOs without having violated human rights themselves. Finally, we argue that which of these pathways are activated and how effective they are depends on specific conditions.

scholarly journals Implementation of the recommendations of the Inter- American Commission on Human Rights in the Brazilian constitutionalism: proposals and perspectives

2021 ◽  
Vol 7 (1) ◽  
pp. 96-119
Author(s):  
Melina Girardi Fachin ◽  
Flávia Piovesan
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Retrospective Analysis ◽  
Latin American ◽  
International System ◽  
Case Law ◽  
American System ◽  
Methodological Research ◽  
Transformative Potential

Based on the study of some Brazilian cases submitted to the Inter-American Commission on Human Rights, this article aims to identify proposals to overcome common Latin- American challenges in the implementation of international recommendations. In the first part, in a retrospective analysis, several emblematic Brazilian cases and their domestic impacts and changes are addressed. In a second part, with a prospective view guided by the domestic contributions to which the Inter-American System is oriented, highlights the current system’s challenges. At this stage, proposals to overcome challenges are outlined, especially regarding the obstacles to implement the Commission’s recommendations, where the main results of the article arise. The reason for this study stands on the conviction that the compliance with international recommendations is the element that guarantees the exercise of the transformative potential of Human-Rights Systems. With the methodological research based on a bibliographical research and case law, the role of the Inter-American Commission is redesigned in the light of a dialogical triad composed by the organs of the International System, the States constitutionalism and organised civil society.

scholarly journals The Legal Framework for the Promotion and Protection of Human Rights in Cameroon by Non-Governmental Organisations

2021 ◽  
Vol 24 (1) ◽  
pp. 29-45
Author(s):  
Alvine Longla Boma
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Framework ◽  
The State ◽  
African Countries ◽  
Public Authorities ◽  
The Public ◽  
Civil Society Organisations ◽  
Protection Of Human Rights ◽  
The Right

Civil Society organisations play key roles in African countries. This is not an exception in the Cameroonian dispensation. Indeed, the existence and operation of civil societies in this jurisdiction is legitimated by a 1990 law allowing the free formation of associations. Even though the state has the primary obligation to promote and protect human rights, there also exists a plethora of associations with the same interest. This paper is motivated by the state’s wanton failure in ensuring the enjoyment and fulfilment of the right. For one thing, the state has maintained a stronghold on the Civil Society through legislation which gives public authorities a leverage over human rights defenders. Moreover, an analysis of existing legal and institutional frameworks available to allow human rights non-governmental organisations thrive, leaves much to be desired. Findings reveal that though there are adequate laws and institutions which ensure the creation and functioning of Civil Society organisations in Cameroon, there are also contradictory laws which give the public authority an edge over these organisations and allow them to sanction the activities of some human rights defenders under the guise of maintaining public order. We argue that there should be adequate protection offered to human rights defenders as well as the relaxation of laws permitting public authorities to illegally sanction the activities of relevant non-governmental organisations.

The Judicial Power of Africa's Supranational Courts: Introduction

2020 ◽  
Vol 28 (Supplement) ◽  
pp. 1-9
Author(s):  
Johannes Hendrik Fahner
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Economic Integration ◽  
Judicial Power ◽  
Special Issue ◽  
International Courts ◽  
Civil Society Organisations

Africa is home to a high number of international courts exercising supranational jurisdiction in diverse fields of law, including human rights and economic integration. This Special Issue discusses the judicial power of these institutions, analysing whether and how they are able to exercise effective review. The Special Issue also inquires into how the courts envisage their own role and whether they adopt approaches of activism or restraint. It is concluded that activist approaches have bolstered the authority of some of Africa's supranational courts, but resulted in backlashes in others, and that the involvement of civil society organisations is a crucial factor in this regard.

Disappearances in the Post-Transition Era in Latin America

2021 ◽  
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Civil Society ◽  
Best Practices ◽  
Latin American ◽  
Armed Conflict ◽  
Personal Story ◽  
Authoritarian State ◽  
Latin American Countries

The book identifies a new human rights phenomenon. While disappearances have tended to be associated with authoritarian state and armed conflict periods, the study looks at these acts carried out in procedural democracies where democratic institutions prevail. Specifically, the book manuscript analyses disappearances in four Latin American countries (Mexico, Brazil, Argentina, and El Salvador) which provide insights into the dimensions of this contemporary social problem. The theoretical framing for the volume links contemporary disappearances with certain logics that emerged in the authoritarian and armed conflict periods and continue today. It also covers the evolution of legal instruments addressing past disappearances and the current phenomenon. Each case study is introduced by a personal story of disappearance, followed by analyses. The following ‘Tools’ section sets out ‘best practices’ used by civil society groups and non-governmental organisations to address the rights of victims for truth, justice, reparations, and guarantees of non-repetition.

scholarly journals Civil Society Organisations and LGBT+ Rights in Bangladesh: A Critical Analysis

2020 ◽  
Vol 15 (2) ◽  
pp. 184-208
Author(s):  
Paul Chaney ◽  
Seuty Sabur ◽  
Sarbeswar Sahoo
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Critical Analysis ◽  
Frame Analysis ◽  
Civil Society Organizations ◽  
Political Elites ◽  
Periodic Review ◽  
Civil Society Organisations ◽  
Universal Periodic Review ◽  
Contemporary Situation

This article explores civil society organizations’ (CSOs) views on the contemporary situation of LGBT+ people in Bangladesh. It is a lacuna requiring attention because of the country’s poor and deteriorating equality and human rights record. Here we analyse the level of attention to prevailing human rights violations and apply critical frame analysis to the corpus of CSOs’ submissions to the United Nations third cycle Universal Periodic Review (UPR), 2013–2018. These reveal how a series of key pathologies—including, violence, intimidation and discrimination—affect the lives of LGBT+ people. The wider significance of this study lies in highlighting that, while not a replacement for justiciable rights, the discursive processes offered by the UPR are of key significance in seeking to advance LGBT+ rights in countries like Bangladesh where oppression combines with extremism and political elites’ refusal to embrace equality in relation to gender identity and sexual orientation.

scholarly journals WHAT HAVE WE LEARNED? Social crime prevention in SA: A critical overview

2016 ◽  
Author(s):  
Cheryl Frank
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Civil Society ◽  
Service Delivery ◽  
Crime Prevention ◽  
Government Accountability ◽  
Civil Society Organisations ◽  
Critical Overview ◽  
Key Questions

Crime prevention is a relatively new enterprise in South Africa, and the nature of progress in this area has been mixed. While much activity has been noted, particularly among civil society organisations, the generation and utilisation of information is an area of weakness. Key questions remain: how to promote government accountability for service delivery, and how crime prevention advocates engage with issues such as human rights and the strengthening of democracy.

scholarly journals Breaking down dichotomies in the narratives of women’s activism in Morocco

2016 ◽  
Author(s):  
Aura Lounasmaa
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Political Parties ◽  
Point Of View ◽  
The Political ◽  
Women's Activism ◽  
Economic Independence ◽  
Strategic Issues ◽  
Faith Based ◽  
Political Emancipation

This chapter looks at the historical and ideological split that is causing the division in women’s civil society in Morocco and the possibilities of moving beyond this division. The rights-based and faith-based organisations share many goals, such as women’s economic independence and political parity. Even the language to discuss these goals is often shared, mixing elements of human rights, Moroccan traditions and Islam. Many rights-based groups believe that despite these activities faith-based groups cannot be trusted. Hence women’s civil society in Morocco remains divided even on issues where all agree. Both faith-based and rights-based participants of this study have noted that the political parties they come from and are aligned with do not represent the women’s point of view. Joining forces on strategic issues would thus seem like a good step in mobilising greater forces for women’s political emancipation in Morocco.

Sign in / Sign up

Export Citation Format

Share Document