Localizing Human Rights SDGs: Ghana in context

2021 ◽  
Author(s):  
Omar S. Abdellatif
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Rule Of Law ◽  
West African ◽  
Public Access ◽  
Human Rights Violations ◽  
Access To Justice ◽  
International Treaties ◽  
State Laws ◽  
Agenda 2030

In September 2015, Ghana along all UN member states endorsed the Agenda 2030 Sustainable Development Goals (SDGs) as the cardinal agenda towards achieving a prosperous global future. The SDGs are strongly interdependent, making progress in all goals essential for a country’s achievement of sustainable development. While Ghana and other West African nations have exhibited significant economic and democratic development post-independence. The judiciary system and related legal frameworks, as well as the lack of rule law and political will for safeguarding the human rights of its citizens, falls short of considering violations against minorities. Will Ghana be able to localize human rights related SDGs, given that West African governments historically tended to promote internal security and stability at the expense of universal human rights? This paper focuses on evaluating the commitments made by Ghana towards achieving Agenda 2030, with a particular focus on the SDGs 10 and 16 relating to the promotion of reduced inequalities, peace, justice and accountable institutions. Moreover, this paper also analyzes legal instruments and state laws put in place post Ghana’s democratization in 1992 for the purpose of preventing discrimination and human rights violations in the nation. The article aims to highlight how Ghana’s post-independence political experience, the lack of rule of law, flaws in the judiciary system, and the weak public access to justice are obstacles to its effective localization of human rights SGDs. Those obstacles to Ghana’s compliance with SDGs 10 and 16 are outlined in this paper through a consideration of human rights violations faced by the Ghanaian Muslim and HIV minorities, poor prison conditions, limited public access to justice and the country’s failure to commit to international treaties on human rights. Keywords: Ghana, human rights, rule of law, security, Agenda 2030

The UN Global Compact for Safe, Orderly and Regular Migration: to what extent are human rights and sustainable development mutually compatible in the field of migration?

2020 ◽  
Vol 16 (3) ◽  
pp. 239-252
Author(s):  
Elspeth Guild
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
General Assembly ◽  
Global Compact ◽  
Un Global Compact ◽  
Agenda 2030 ◽  
Development Framework ◽  
Development Agenda ◽  
Un General Assembly

AbstractIn this contribution, I examine the links between the human rights basis of the UN Global Compact for Safe, Orderly and Regular Migration (GCM) and its embeddedness in the UN Sustainable Development Agenda 2030. While the GCM grew out of a development framework, it was rapidly incorporated into the UN human rights system. Even during the negotiation of the GCM, human rights took priority over development. The resistance that was manifested against the GCM on its endorsement by the UN General Assembly was directed not against its development links, but rather concerns about its human rights impact. This paper examines the placing of migration in this dual framework and the ways in which outcomes compatible with both are achievable.

scholarly journals Higher education and sustainable development goal 16 in fragile and conflict-affected contexts

2020 ◽  
Vol 81 (1) ◽  
pp. 89-108
Author(s):  
Sansom Milton
Keyword(s):  
Higher Education ◽  
Sustainable Development ◽  
Rule Of Law ◽  
Access To Justice ◽  
Sustainable Development Goal ◽  
Development Goal ◽  
Violence Reduction ◽  
The Public ◽  
Resource Mobilisation ◽  
Liberal Peacebuilding

AbstractSustainable Development Goal 16 commits to ‘promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels’. While the concerns of SDG16 with violence reduction, rule of law, and governance are relevant to all societies, this paper focuses on fragile and conflict-affected countries, many of which have the hardest task in achieving SDG16. It analyses how higher education can contribute towards—or detract from—SDG16 through teaching, research, governance, and external leadership. It then analyses four dynamics influencing the agency of universities in fragile and conflict-affected contexts in engaging with SDG16: resource mobilisation and the public good; securitisation; academic freedom, insecurity, and politicisation; and tensions between demands for localisation and the universalising logics of liberal peacebuilding models and the SDGs.

Achieving Goal 16 of the Sustainable Development Goals and Environmental Lessons for Malaysia

2019 ◽  
Vol 7 (2) ◽  
pp. 233-269
Author(s):  
Sarah Tan
Keyword(s):  
Sustainable Development ◽  
Sustainable Development Goals ◽  
The Philippines ◽  
Public Access ◽  
Equal Access ◽  
Access To Justice ◽  
Access To Information ◽  
2030 Agenda ◽  
Clean Environment ◽  
Development Goals

AbstractOn September 2015, countries around the world pledged to end poverty, protect the planet, and hit specific developmental targets within fifteen years at the signing of th|e United Nations 2030 Agenda. Within the 2030 Agenda are seventeen Sustainable Development Goals (SDG). Goal 16 of the SDG contains twelve targets; of these, Target 16.3 is aimed at ensuring equal access to justice for all and Target 16.10 at ensuring public access to information. Malaysia as a signatory has pledged its commitment to fulfilling these SDGs. This paper's primary focus is on the fulfilment of Targets 16.3 and 16.10 within Malaysia's legal environmental framework. At present, there are provisions that ensure equal access to justice and those that ensure public access to information; however, it is suggested that these are insufficient, uncommon, and limited. This paper proposes an amendment to the Federal Constitution to include the express right to a clean environment, and demonstrates, through comparative study, the success similar provisions have had on the environmental protection laws of other countries such as India, the Philippines, South Africa, Nepal, the Netherlands, and Nigeria. It then considers what possible lessons Malaysia could glean from these national experiences in fulfilling its goals for Targets 16.3 and 16.10 before concluding with the proposition that Malaysia should consider an express constitutional right to a clean environment if she intends to meet her SDG goals.

scholarly journals Should or Must?: Nature of the Obligation of States to Use Trade Instruments for the Advancement of Environmental, Labour, and Other Human Rights

2007 ◽  
Author(s):  
Stephen J. Powell
Keyword(s):  
Human Rights ◽  
International Law ◽  
Transnational Corporations ◽  
Harm Principle ◽  
Human Rights Violations ◽  
International Treaties ◽  
The U.S ◽  
Alien Tort Statute

This article examines whether customs, treaties, and historical facts have caused the ethical human rights obligations of economically powerful states to assume a legal quality. The author argues that the legal quality of these obligations may arise from the global harm principle of international law and human rights obligations found in treaties. As a consequence, states may be held accountable for the human rights violations of transnational corporations. Further, the author examines the possibility of pursuing claims under the U.S. Alien Tort Statute for torts committed in violation of international treaties as another avenue for enforcing human rights obligations.

scholarly journals Rule of Law

2015 ◽  
Vol 6 (1) ◽  
pp. 38-50 ◽  
Author(s):  
Gopala Anjinappa
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Rule Of Law ◽  
Good Governance ◽  
Legal Framework ◽  
Global Dimension ◽  
Vital Role ◽  
The Rule Of Law ◽  
Primary Means ◽  
Economic Imbalances

The world as a whole has developed in the global dimension and has flourished with prosperity. But still one can see the hurdles in the development process. One of such impediments is poverty and the other is the environmental problems. Poverty results in violation of human rights. The rule of law is crucial and is one of the means to strengthen these hurdles. One of such escalation is on the environmental development wherein it strives for achieving sustainable development and eradication of poverty. The rule of law plays a vital role in reducing extreme poverty with emphasizing on human rights. It is the very essence and the core of Good Governance. Without the principles of the rule of law, it will not be enough to achieve sustainable development and eradication of poverty. The rule of law strengthens to provide intense legal framework. It works as an effective mechanism for the enforcement of law. Innovative methods are undertaken to aim in the enforcement of sustainable development and eradication of poverty. The paper implies on effectiveness of the rule of law in providing sustainable development policies. It analyses the legal framework in India that contributes in maintaining economic imbalances. The paper explores the role of Indian Judiciary and the classic Judgments of Supreme Court of India. Keeping in view the importance of sustainable development and eradication of poverty, the paper contributes to explore the significance of the rule of law in achieving the objective of the nation. “Development is one of the primary means of improving the environment for living, or providing food, water, sanitation and shelter, of making the deserts green and the mountains habitable” (Indira Gandhi, 1972).

Protection of human rights in the context of the development of the rule of law principle: The international aspect

2021 ◽  
Vol 28 (1) ◽  
pp. 32-42
Author(s):  
Oleh M. Omelchuk ◽  
Svitlana D. Hrynko ◽  
Alla M. Ivanovska ◽  
Anna L. Misinkevych ◽  
Viktoriia V. Antoniuk
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Annual Reports ◽  
International Level ◽  
International Treaties ◽  
The Rule Of Law ◽  
Post Conflict ◽  
Conflict Situations ◽  
European Court ◽  
Protection Of Human Rights

The consolidation of the principle of supremacy in international documents is described. It is established that the rule of law in the work of the UN has become a subject of constant discussion. It has gained significant momentum since 2007, establishing itself as one of the most important areas of the organisation. UN documents define the rule of law as a principle or as a sphere of activity of the Organisation and member countries. In their report, the UN Secretary-General divides the rule of law into three sectors: the rule of law at the international level, the rule of law in the context of conflict and post-conflict situations, and the rule of law in the context of long-term development. The UN Secretary-General’s annual reports continue to work to promote the rule of law at the national and international levels. UN activities and documents demonstrate that strengthening the rule of law at the international level is impossible without the promotion, observance, and implementation of international treaties, the settlement of disputes by peaceful means, and the protection of human rights that are inextricably linked to the rule of law principle. Areas of activity that strengthen the rule of law are identified. The content of the resolutions “ Rule of Law at the national and international levels” was analysed, based on the results of generalisation of the content and direction of the sessions of the General Assembly during the last fifteen years, the directions of activity within this framework were determined. The rule of law is recognised as one of the fundamental principles of the European Community and enshrined in its regional acts. The elements of the principle of the rule of law are identified based on the results of generalisation of the case law of the European Court of Human Rights. It is established that in the European region a great role in the development and interpretation of the concept of the rule of law is played by its judicial interpretation, which is engaged in by two international judicial institutions: the ECtHR and the European Court of Justice. The rule of law is represented in the work of the Organisation for Security and Co-operation in Europe (OSCE) and plays a significant role in the promotion and protection of human rights. A significant contribution to the development of regulations for the implementation of the rule of law at the international level was made by the International Non-Governmental Organisation “World Justice Project”, which developed in 2010 the Rule of Law Index. The indicators of measuring the rule of law index in the country are characterised and their analysis in the dynamics at the international level and the distribution of the rule of law index by factors in Ukraine

Ensuring Human Rights in Criminal Proceedings in the Context of a Pandemic

2020 ◽  
Vol 11 ◽  
pp. 99-104
Author(s):  
O. V. Kachalova ◽  
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Rule Of Law ◽  
Access To Justice ◽  
Criminal Proceedings ◽  
Public Interests ◽  
The Rule Of Law ◽  
Emergency Situations ◽  
General Terms ◽  
Private And Public

The coronavirus pandemic has put a number of legal issues on the agenda of the world community – how to ensure the rule of law in the face of the need to save the lives and health of many people, how to achieve a reasonable balance in the ratio of various human rights in a pandemic situation, how to determine the criteria for proportionality of restrictions on essential human rights. The criminal justice authorities and courts have a serious task to ensure human rights, achieve the effectiveness of criminal proceedings and access to justice in the context of the coronavirus pandemic, on the one hand, and take the necessary measures to ensure the safety of persons involved in criminal proceedings, including their own, from the threat of COVID-19 infection, on the other. Measures that restrict human rights in the context of a pandemic must be implemented in accordance with the principles of the rule of law, respect for human rights, the rule of law, legal certainty and proportionality. Proportionality can be established by determining a reasonable balance of private and public interests in each particular situation, through an assessment of the affected interests in terms of their significance. In General terms, the rights and freedoms that provide the most significant benefits are given priority. The criteria for determining a reasonable balance between private and public interests and for resolving an emerging conflict of human rights are determined taking into account the immediate circumstances of the case (the epidemiological situation, the state of health of participants in the process, the urgency and significance of the proceedings for participants in criminal proceedings and the interests of justice, the ability to ensure the necessary sanitary and epidemiological requirements). The coronavirus pandemic has put on the agenda the issue of creating a strategy for the transformation of criminal justice institutions in emergency situations, when the normal mode of criminal proceedings is impossible due to objective reasons.

22. Sustainable development and human rights

2019 ◽  
pp. 405-420
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
United Nations ◽  
Sustainable Development Goals ◽  
Technical Assistance ◽  
Focal Point ◽  
Agenda 2030 ◽  
The World ◽  
Development Goals ◽  
Many Core

This chapter focuses on sustainable development, part of Agenda 2030 of the United Nations. The UN Sustainable Development Goals overlap with human rights and the associated targets and indicators embody many core human rights obligations already incumbent on States. This agenda is now the focal point of technical assistance and development programmes around the world and, crucially, applies to all States, irrespective of their state of development.

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