The Role of Non-Governmental Organizations (NGOs) in the Protection and Enforcement of Human Rights 1

Author(s):  
Laurie S. Wiseberg
2017 ◽  
Vol 9 (2) ◽  
pp. 287-311 ◽  
Author(s):  
Nadia Bernaz ◽  
Irene Pietropaoli

AbstractIn June 2014, the UN Human Rights Council established an intergovernmental working group to elaborate a treaty on business and human rights. In July 2015, the working group held its first session launching the negotiations process—the culmination of a global movement of non-governmental organizations (NGOs) that over the last four decades have called for greater corporate accountability for human rights violations. The advocacy activities of the Treaty Alliance, an alliance of NGOs that supports the development of the treaty, were pivotal to the tabling of the resolution establishing the working group. These organizations now have the opportunity to engage with the negotiations process, both formally and informally, through consultations, advocacy, and lobbying. This article considers the impact NGOs may have in the drafting negotiations of the proposed treaty. It identifies several lobbying and advocacy strategies that were successful in previous international law-making processes and discusses the extent to which they could be applied to the current negotiations. It presents the benefits of an NGO coalition, of formal and informal lobbying strategies, and of the development of a common NGOs and friendly states framework. It analyses the reasons for Western states’ opposition and suggests lobbying strategies that may overcome it. Recognizing the unique subject matter of this treaty, it also focuses on lobbying corporate actors, and explores the complementarity between the Guiding Principles on Business and Human Rights and the treaty and the need for NGOs to support both. The article concludes on the necessity to compromise on essential points if a treaty is ever to emerge.


2006 ◽  
Vol 21 (7) ◽  
pp. 427-435 ◽  
Author(s):  
G. Niveau ◽  
J. Materi

AbstractPurposeTo extensively review the European Court of Human Rights (ECHR) case law concerning psychiatric commitment, and to estimate the role of this supranational jurisprudence in the practice of contemporary psychiatry.MethodUsing keywords to search the ECHR computerized database “HUDOC”, we reviewed all cases concerning psychiatric commitment registered between September 1953 and December 31, 2004. Four groups were identified: applications declared inadmissible; applications accepted but not judged by the Court; pending cases; and cases judged by the Court.ResultsOf the almost 118,000 decisions taken by the ECHR in this time frame, we found 108 situations concerning psychiatric commitment. Forty-one of these applications were considered by the Court to be inadmissible. Twenty-four other cases were considered admissible but not judged by the ECHR. Three admissible cases were still pending at the end of 2004. The ECHR judged 40 cases, and found in 35 of them that one or several rights as guaranteed by the Convention had been violated.DiscussionThe ECHR protects the human rights of persons subjected to involuntary psychiatric commitment by creating supranational law in the following areas: definition of “unsoundness of mind”; conditions of lawfulness of detention; right to a review of detention by a Court; right to information; right to respect for private and family life; and conditions of confinement, which address inhuman and degrading treatment. The respective number of applications submitted to the ECHR did not depend on when the Convention had entered into force in that country.ConclusionThe possibility of an individual to access the ECHR depends on the degree of democracy in his country and on the access to legal assistance through non-governmental organizations or individual intervening parties.


Author(s):  
Noor Atika Shafinaz Binti Nazri

Humanitarian aid has become one of the human rights agenda in international world. In this case, there are various international organizations including non-governmental organizations (NGOs) involved. For Malaysia, the NGO is well regarded as one of the NGOs most active in providing humanitarian aid to Palestine. The organization has been using the platform of non-governmental organizations in providing humanitarian assistance to the Palestinian people. This study focuses Viva Palestina Malaysia, which is one of Malaysia NGOs active in Palestine. It will review the activities of the police and Viva Palestina Malaysia contribution towards the Palestinians. The study will indicate the role of non-governmental organizations in the fight for the truth, raise awareness of issues, provide assistance and conduct humanitarian activities in Palestine Bantuan kemanusiaan telah menjadi salah satu agenda hak asasi manusia dalam dunia antarabangsa. Terdapat pelbagai organisasi antarabangsa termasuk Organisasi Bukan Kerajaan (NGO) yang terlibat dalam hal ini. Bagi Malaysia, NGO itu dengan baik dianggap sebagai antara kumpulan organisasi bukan kerajaan yang paling aktif dalam menyediakan bantuan kemanusiaan ke Palestin. Organisasi ini telah menggunakan platform bukan kerajaan dalam menyalurkan bantuan kemanusiaan kepada rakyat Palestin. Kajian ini memfokuskan Viva Palestina Malaysia yang merupakan salah satu NGO dari Malaysia bergiat aktif di Palestin. Ia akan mengkaji aktiviti, polisi dan sumbangan Viva Palestina Malaysia terhadap Palestin. Kajian akan menunjukkan peranan organisasi bukan kerajaan dalam memperjuangkan kebenaran, meningkatkan isu kesedaran, menyediakan bantuan dan menjalankan aktiviti kemanusiaan di Palestin


Author(s):  
Shirin Aghajani

Crimes against the environment are actions that in certain circumstances cause Pollution, destruction or damage to the environment. The importance of preventing these crimes is because it relates directly to the health of human beings. Today non-governmental actors play an important role in the national and international arena.The Geographical diversity of activities and their different functions has led to state actors cannot be indifferent to the role of these new actors. NGOs are involved in two "competing" or "partner" forms of governments. In issues related to human rights, these to be a competitor to governments. While in the case of issues such as health development and environment it is considered as a partner of governments. In Iran's legal system the action role of these organizations in regard to environmental protection is undeniable: But there is still a lot of vacuum at the reactionary stage: must provide suitable substrates for the active Participation of this actors in environmental litigation: In a way that they can achieve a favorable position in criminal proceedings: Also, the organization of NGOS as the right hand of governments in helping to solve these problems has also a special place. The research method was descriptive-analytic and the date was collected as a library. In this research we decided to investigate the role of grassroots institutions in preventing environmental crime and accomplish the strengths and weaknesses of these institutions.


Author(s):  
Jack Donnelly

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.


2003 ◽  
Vol 25 (2) ◽  
Author(s):  
Thomas Kesselring

AbstractThe following comment on Peter Singer’s One World is divided into four parts. It starts with some objections agairrst Singer’s utilitarian approach (1). Then it argues for an ‚Ethics of Globalization’ which at the same time has universal validity and maintains context sensitivity (2). In part three it is shown that these two conditions are better fulfilled by an ethics based on Human Rights than by an utilitarian ethics. In this context John Rawls’ Law of Peoples is defended against Singer’s criticism (3). In the final part the role of Non Governmental Organizations (NGOs), which are not mentioned by Singer, is analyzed. It is argued that in a world in which the states are overcharged, the United Nations weakened and the Transnational Companies’ power is increasing, the NGOs get growing responsibility up to the point that many of them turn out to become Human Right’s advocates and Human Right’s guardians (4).


2021 ◽  
Vol 5 (1) ◽  
pp. 163
Author(s):  
Sulistyowati Sulistyowati

This study aims to analyze implementation of human rights in economic field and role of the Government, Educational Institutions and Non-Governmental Organizations in the prevention and control of trafficking in women. How to achieve the goal, is done by empirical studies and documentation studies, to obtain primary and secondary data. This research is descriptive analytical. The approach method used is empirical juridical. Data analysis was carried out in a qualitative descriptive manner. Factors that cause the implementation of human rights in the economic field have not been fully realized because between legal policies and legal implementation have not been running consistently and simultaneously. The realization of human rights in the economic field is still only limited to issues and has not become a concrete implementation. The role of the Government in the prevention and overcoming of trafficking in women is still limited to political will by the issuance of a law that ratifies the ASEAN Convention Against Trafficking in Persons, Especially Women and Children, then followed by Institutional Infrastructure Compilation. The role of Educational Institutions and Non-Governmental Organizations in the prevention and prevention of trafficking in women, has responded with action, prevention and handling of trafficking in women, through the socio-economic empowerment of families and advocacy in handling cases of trafficking in women. The struggle and movement for the achievement of feminism justice, in the economic field is carried out by empowering the family economy, improving education and expanding access to job search for women by utilizing information technology.


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