scholarly journals The Role of NGOs (Non-governmental organizations) in Participatory Prevention of Environmental crimes

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.

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.


MEST Journal ◽  
2022 ◽  
Vol 10 (1) ◽  
pp. 72-81
Author(s):  
Marek Stych ◽  
Beata Pawlica ◽  
Malgorzata Kmak

This article tackles the issue of aid for African states. Africa is one of the poorest continents, with many people living on the verge of poverty and suffering from malnutrition or famine. Hence, the humanitarian aid provided to the people of this continent is of particular importance. In Poland, such aid activities undertake entities defined in the Polish legal system as non-governmental organizations (NGOs). NGOs also conduct many other kinds of activities. The Act on public benefit and volunteer work is an example of creating legal mechanisms for the functioning of civil society in the legal system to provide international aid to those it needs. Assisting other societies is important for modern civil society the same as political or economic cooperations are. The role of NGOs operating in health protection, education, or entrepreneurship areas is crucially important. The authors of this paper discuss the issue of the said aid provided by selected Polish NGOs. The article aims to determine the extent and scope of the assistance to African countries provided by the NGOs, based on the respondents' experiences, whether such assistance is necessary, and what form it should take.


Author(s):  
Bielefeldt Heiner, Prof ◽  
Ghanea Nazila, Dr ◽  
Wiener Michael, Dr

Freedom of religion or belief has long depended on advocates and human rights defenders to ensure its normative development and its protection. Human rights defenders serve as an essential counterpart to States in advancing freedom of religion or belief by operating within charities, non-governmental organizations (NGOs) or international non-governmental organizations (INGOs), faith-based organizations, interfaith organizations, or community associations. Though the 1981 Declaration and the 1998 Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms are silent on their contributions, their role has been welcomed by numerous freedom of religion or belief mechanisms and mandate-holders. Yet, their contributions are hampered by reprisals against human rights defenders and intimidation against mandate-holders, in sharp contrast with the Standard Terms of Reference for Fact-Finding Missions. Ombudspersons, faith-based organizations, INGOs, and NGOs have an important role to play regarding freedom of religion or belief and need to ensure non-discrimination in their activities.


Author(s):  
Oluwaseun Olanrewaju ◽  
Sunday Onuegbu

In 2009, the Fundamental Rights Enforcement Procedure (FREP) Rules of 1979 was revised to ease the cumbersome process encountered by applicants/lawyers in advocating for the enforcement of fundamental human rights in court. Despite this, human rights lawyers still encounter several challenges when representing applicants for the enforcement of fundamental human rights in court. This chapter examines these challenges and adopts primary research method. Data were gathered from human rights lawyers via video conferencing platforms: Skype and Zoom. Findings reveal that issues of procedural rules of court and disrespect for court orders are some of the challenges encountered by human rights lawyers. The chapter recommends that judges should avoid placing unnecessary emphasis on the procedural rules of court. In addition, human rights lawyers and non-governmental organizations (NGOs) should maintain continuous advocacy for the enforcement of fundamental human rights towards holding government and its agencies more accountable for disrespect of court orders.


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


2018 ◽  
Vol 10 (1) ◽  
pp. 11
Author(s):  
DADANG SUPRIYATNA

This study analyzes the importance of the position of advocates in the legal system in Indonesia. Advocates have a very important role in law enforcement. The defense for all people, including the community, is a manifestation of an advocate’s respect for the principle of equality before the law as well as the realization of the rights of all people, namely the right to be accompanied by an advocate. The purpose of the research is to (1) find out the position and role of advocates in the implementation of human rights in Indonesia, (2) Analyze the barriers of advocates in realizing their position and role. The research method used is qualitative and normative juridical ap- proach, namely law is conceived as a norm, rule, principle or dogmas / juris- prudence. The normative juridical research phase uses literature studies. The results of the study indicate that Advocates have a very important position and role as one of the elements of the Preacher’s Legal Chess, because of the status of free and independent advocates guaranteed by law and regulation, For the sake of legal interests and demands for professions that have social aspects, every the person involved in the case has the right and guaranteed access to legal assistance. Other results indicate factors that prevent advocates from realizing their position and role related to the normative level, namely the absence of specific legal aid arrangements that regulate the entire scope of the provision of legal assistance.


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