Forced Disappearances in the Inter-American Human Rights System

2021 ◽  
pp. 251-261
Author(s):  
Sandra Serrano
Keyword(s):  
Human Rights ◽  
Authoritarian Regimes ◽  
Human Rights Violations ◽  
Institutional History ◽  
New Wave ◽  
American System ◽  
System P ◽  
Human Rights Movement ◽  
Regional System ◽  
History Of

The chapter explains the approach taken toward disappearances by the mechanisms that comprise the Inter-American System of Human Rights. Inter-American jurisprudence is a tool that is not only useful in litigation within the regional system but also constitutes a fundamental tool which can be adapted for domestic litigation and the construction of public policies in the countries in the region. The chapter argues that the institutional history of the Inter-American System has been shaped by victims and their families as well as by a human rights movement that was itself forged in the struggle against the gravest human rights violations of authoritarian regimes, which were often committed against political opponents. Today that system serves to respond to the new wave of disappearances in post-transitional contexts.

The Protective Shields

2016 ◽  
Author(s):  
Kinda Mohamadieh
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Civil Society Organizations ◽  
Crowding Out ◽  
Arab Region ◽  
Arab Uprisings ◽  
Policy Debates ◽  
Human Rights Movement ◽  
History Of ◽  
New Challenges

This chapter examines the various roles undertaken by civil society organizations (CSOs), or nongovernmental organizations, in the Arab region and their implications for collaboration between CSOs and the United Nations, with particular emphasis on how CSOs figure in policy debates and the human rights movement. CSOs in the Arab region, mainly those working on policy and legislative issues, have been engaged with UN-led processes and conferences since the 1992 Earth Summit, and including the 1995 Summit on Social Development and the 2000 Millennium Summit. However, as some UN agencies, driven by a quest for funding, have moved into programmatic interventions, tensions have sometimes emerged between CSOs and UN agencies when some UN agencies have ended up potentially competing with CSOs for funding or crowding out the space available for CSOs. This chapter first traces the history of CSO-UN interactions in the Arab region before discussing the new challenges and possibilities raised during the period of the Arab uprisings.

Part A: Articles: A Non-Governmental Human Rights Strategy for Peacekeeping?

1996 ◽  
Vol 14 (2) ◽  
pp. 127-145
Author(s):  
Reinhard Marx
Keyword(s):  
Human Rights ◽  
Moral Dilemma ◽  
International Community ◽  
Human Rights Violations ◽  
Neutral Position ◽  
New Model ◽  
Wide Range ◽  
Human Rights Movement ◽  
Protection Of Human Rights ◽  
Domestic Jurisdiction

The human rights movement has never accepted that human rights belong to the domestic jurisdiction, but the new model of peacekeeping, which to some extent is based on a human rights component, causes severe problems for the movement, particularly because of its selectivity and its often biased implementation. This obstacle to an impartial combat against massive human rights violations and a wide range of other problems make it difficult for the movement to develop a consistent and plausible policy on peacekeeping. Although the international community may have good reasons to deploy soldiers in order to save lives and to bring an end to genocide, a supportive attitude by the human rights movement may jeopardise its principles of impartiality and non-violent campaigning and hence weaken the system of protection of human rights. But it has to be underscored that massive human rights violations will cause a moral dilemma for the movement if it cannot justify its neutral position on compelling grounds.

The Evolving Field of Health and Human Rights: Issues and Methods

2002 ◽  
Vol 30 (4) ◽  
pp. 739-754 ◽  
Author(s):  
Stephen P. Marks
Keyword(s):  
Human Rights ◽  
Health Law ◽  
Health And Human Rights ◽  
Excellent Opportunity ◽  
Human Rights Movement ◽  
History Of ◽  
Rights Issues

The conference on Health, Law and Human Rights: Exploring the Connections held last fall in Philadelphia was a telling moment in the complex history of a movement — the “health and human rights movement” for want of a better term — inaugurated by the pioneering work of Jonathan Mann, whose memory the Conference honored. The François-Xavier Bagnoud Center for Health and Human Rights — founded by Mann and carrying on his legacy — was pleased to co-sponsor the conference. The conference and this symposium issue containing the main papers provide an excellent opportunity to take stock of that movement by means of a commentary based on the papers. This commentary is made from a resolutely human rights perspective, with the aim of engaging the authors in a dialogue on whether and to what extent each article advances knowledge about the interconnectedness and mutually reinforcing character of health and human rights, which is the lasting legacy of Jonathan Mann.

scholarly journals Alternatif Untuk Meminimalisasi terhadap Pelanggaran HAM dalam Penegakan Hukum Pidana

Wajah Hukum ◽  
2020 ◽  
Vol 4 (1) ◽  
pp. 116
Author(s):  
Ryan Aditama
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Social Status ◽  
Social Inequality ◽  
Criminal Law ◽  
The State ◽  
Human Rights Violations ◽  
Cultural Understanding ◽  
State Apparatus ◽  
History Of

Related to the general provisions of Law No. 39 of 1999 concerning Human Rights, which states that the beginnings of the history of the Indonesian nation to date have recorded various problems including: suffering, misery and social inequality, resulting from unjust and discriminatory acts and actions on ethnic, racial, cultural understanding, language, color, skin, and religion, as well as class, gender, and even social status and others. These unjust and discriminatory acts are included in violations of human rights, both vertically "carried out by the state apparatus itself to citizens or even vice versa" or those that are horizontal "ie between citizens themselves" and do not allow those included in the category for gross violations of the conception of human rights (grossviolation of human rights). This alternative to minimize human rights violations in criminal law enforcement is an effective way to reduce the number of human rights violations in Indonesia.

scholarly journals The history of Community Interpreting studies in Japan

2021 ◽  
Vol 5 ◽  
Author(s):  
Makiko Mizuno
Keyword(s):  
Human Rights ◽  
Discourse Analysis ◽  
New Wave ◽  
Cultural Issues ◽  
Corpus Studies ◽  
History Of ◽  
Linguistic Approaches ◽  
Law Professors

The study of CI in Japan began in the late 1980s, and its first researchers were law professors and attorneys who advocated human rights. They discussed the plight of non-Japanese-speaking defendants in legal settings. Subsequently, interpreters and theorists of interpretation discussed ethics, cultural issues, training and so on. Recently, however , a new wave of studies has emerged, with a greaterfocus on linguistic approaches such as discourse analysis, corpus studies etc. This paper willfirst briefly review the earlier CI research in general and thenfocus on legal interpreting, which is the most advanced and noteworthy area of CIstudies in Japan.

Part II: Conclusion

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Armed Groups ◽  
Adequate Model ◽  
Human Rights Protection ◽  
Rights Protection ◽  
System P ◽  
State Obligations ◽  
Private Actors

‘Where are the good old days when everyone knew that human rights violations can only be committed by states against individuals?’1 Gone, replaced by a complex reality in which an exclusive focus on states as duty-bearers under international human rights law (IHRL) no longer provides an adequate model to address numerous human rights violations by non-state armed groups. Instead, states in United Nations (UN) organs or intergovernmental fora, as well as human rights experts, increasingly address demands to respect IHRL directly to armed groups. In order to conceptualize this development, this book raised three main arguments: (1) Contrary to the ‘received wisdom’, human rights may not only apply to the authority–individual relationship. Conceptually, they can also be understood as applying to the horizontal relationships between private actors. (2) While under IHRL treaty law it is primarily upon states to protect individuals against human rights violations by private actors, this obligation is limited if the state loses control over parts of its territory, or is otherwise unable to fulfil its obligations. In order to avoid a protection gap, IHRL obligations should be directly assigned to armed groups. (3) Contemporary international practice suggests that this requires a differentiated approach, taking account of the different nature and capacity of non-state armed groups. Assigning IHRL obligations to armed groups needs to complement and not substitute state obligations under the traditional state-centred human rights protection system....

Lying, Denying, or Justifying?

2019 ◽  
Vol 11 (1) ◽  
pp. 38-64
Author(s):  
Mirjam Edel
Keyword(s):  
Human Rights ◽  
Authoritarian Regimes ◽  
Decision Makers ◽  
Future Research ◽  
Human Rights Violations ◽  
Negative Consequences ◽  
Ruling Elites ◽  
Main Strategy

In Tunisia under Ben Ali (1987–2011), marked human rights rhetoric coincided with intense repression. This points to a more general puzzle: what happens when authoritarian regimes uphold their repressive power maintenance agendas while simultaneously trying to avoid negative international consequences? This article argues that authoritarian decision-makers attempt to evade negative consequences from international audiences by applying cushioning strategies in the form of obfuscation, rhetorical justification and/or procedural justification. In that way, they adapt their repressive tactics and manipulate the visibility and perception of their repressive behavior. Ben Ali’s main strategy was to obfuscate, i.e. to deny and cover repression. However, as international audiences are far from applying the same yardstick to all human rights violations, ruling elites often repress targets differently depending on whether audiences have links and sympathy. Again, this becomes apparent in the Tunisian case study, from which hypotheses are generated for future research.

Going Forward

2020 ◽  
pp. 319-326
Author(s):  
Aryeh Neier
Keyword(s):  
Eighteenth Century ◽  
Human Rights ◽  
International Human Rights ◽  
The Public ◽  
Human Rights Movement ◽  
History Of ◽  
International Human ◽  
Rights Issues

This chapter traces the history of the international human rights movement back to the anti-slavery movement that took hold in England in the second half of the eighteenth century. It details how the anti-slavery movement was instrumental in securing the abolition of slavery in many countries. It also reviews ways in which the human rights cause became an important force in world affairs in the mid-to-late 1970s. The chapter looks into the favorable development in the recent years for human rights, such as the readiness of a number of leading business corporations to take stands on human rights issues. It also suggests that the progress in the human rights movement is to keep building the public constituency for rights, until the dynamic that resulted in significant improvements that that took place in the 1980s and 1990s is re-created.

Art.34 Committee on the Rights of Persons with Disabilities

2018 ◽  
Author(s):  
Guernsey Katherine
Keyword(s):  
Human Rights ◽  
Persons With Disabilities ◽  
System P ◽  
Treaty Monitoring ◽  
The Status ◽  
General Functioning ◽  
Rules Of Procedure ◽  
History Of ◽  
United Nations Convention ◽  
Selection Of

This chapter examines Article 34 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which addresses the establishment of the Committee on the Rights of Persons with Disabilities, the treaty monitoring body for the CRPD. Specifically, Article 34 sets forth parameters related to the general functioning of the Committee, including selection of members, the size of the Committee, terms of members, and certain of the logistical aspects of the Committee’s operations, such as adoption of rules of procedure, staffing, and facilities, as well as the status of the Committee’s members. The chapter provides an overview of the drafting history of Article 34, with analysis of the article’s specific provisions. It begins by considering the Committee’s place in the larger UN human rights system.

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