national human rights institutions
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Author(s):  
Vincenzo Tudisco

Abstract This article focuses on the role that National Human Rights Institutions play in guaranteeing access to justice for national minorities. Based on the osce hcnm Graz Recommendations on Access to Justice and National Minorities, this study aims at identifying commons issues and good practices by comparing rules and practices concerning minority representation in nhris, nhris’ focus on national minority issues, and nhris’ role in providing access to justice for national minorities. Separate subsections cover collective-groups’ complaints and the relevance of groups during investigations; regional offices; and websites, languages, and online complaints. The conclusion highlights that protecting access to justice for national minorities entails both more ‘focus’ and ‘access’. More focus should be guaranteed by relevant legislation and nhris’ annual reports through separate chapters or sections on minorities. More access includes minority representation in nhris, regional offices, groups’ complaints, multilingual and easy-to-access websites, as well as online tools for complaints.


2021 ◽  
Vol 24 (2) ◽  
pp. 73-112
Author(s):  
Seweryn Ozdowski

Globalisations, economic, cultural and social change over the last four decades have affected the nature of the discourse in human rights education. The chapter explores human rights education research and the problematic relationship between human rights education and the state, against the background of globalisation, and economic, political, social and cultural factors. This article aims to link human rights international standards and institutions to grass-roots human rights culture and its impact on social cohesion in South Asia. It begins with an analysis of the nexus between human rights and social cohesion and draws attention to some ideas that complement both. It then analyses how international human rights standards and associated implementation machinery can be used to advance social cohesion around the world. The article critiques current social cohesion trends globally - with some references to Australia and South Asia and focuses on the role of National Human Rights Institutions (NHRIs) in advancing human rights culture.


2021 ◽  
pp. 004711782110528
Author(s):  
Corina Lacatus

Transnational regional networks of regulatory bodies play a prominent role in complex systems of human rights governance. Despite their growing importance, we still have much to learn about the roles regional networks play as regulatory stewards in the field of human rights. I draw on the literature about regulatory stewardship to analyse a recently formalised regulatory network operating in Europe – the European Network of National Human Rights Institutions. The analysis proposes a model of global governance for human rights that includes networks of national human rights institutions as intermediaries. Moreover, it draws on some of the main concepts of network analysis to assesses the European network’s development into a ‘network administrative organisation’ and applies the model of regulatory stewardship to analyse the institutional network’s use of hierarchical and managerial stewardship to: support its member institutions; stimulate intra-network communication and learning; gain access to international networks; and to shape the regional human rights agenda.


2021 ◽  
Vol 13 (19) ◽  
pp. 11113
Author(s):  
Anna Katharina Kramer ◽  
Frederike Klümper ◽  
Alexander Müller ◽  
Francesca Thornberry

While there is no universal right to land enshrined in existing human rights treaties, access to land is intrinsically linked to the achievement of human rights. For example, the right to food, adequate housing, property and equality and non-discrimination are of special concern for smallholder farmers, pastoralists, women, and other marginalized groups. In this regard, the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries, and Forests in the context of national food security (VGGT) is considered a milestone document. They link binding human rights frameworks with universally agreed principles of responsible land governance. However, the implementation of the Guidelines is impeded by their voluntary nature and the absence of clear monitoring and accountability structures. The objective of this paper is to make a case for adopting human rights-based monitoring approaches that strengthen the implementation of the VGGT and, ultimately, responsible land governance. This policy analytical paper draws from a literature review, an analysis of secondary data gathered from National Human Rights Institutions working on land rights, as well as findings from two pilot case studies. The cases illustrate the need for a human rights-based land governance monitoring approach, relevant for policy-makers as well as land rights practitioners. Furthermore, this paper shows that there is currently no systemic approach that monitors the implementation of the VGGT from a human rights perspective. Therefore, the paper suggests that a human rights-based monitoring approach centered around established human rights monitoring and reporting mechanisms can provide a new, and urgently needed, impetus for implementing the VGGT. Linking VGGT implementation to human rights obligations by states can strengthen efforts towards responsible land governance reforms and contributes to holding governments accountable to their commitments.


2021 ◽  
pp. 174-187
Author(s):  
Gauthier de Beco

This chapter concerns the role of independent mechanisms. It explains what national human rights institutions (NHRIs) are as well as the fundamental principles that should guide these institutions as set out in the Paris Principles. It then examines the requirement to set up a ‘framework including one or more independent mechanism’ in accordance with the CRPD as well as the way in which such mechanisms relate to the said Principles and all the possibilities open to States Parties regarding this framework. It finishes by exploring what the reference to the Paris Principles has come to mean for NHRIs and what the Convention reveals in the field of international human rights law through its elaborate monitoring system.


2021 ◽  
pp. 1-37
Author(s):  
Ezequiel Gonzalez-Ocantos ◽  
Wayne Sandholtz

International courts (ICs) with human rights mandates have recently faced instances of backlash aiming to curb their authority. Taking cues from research on the functioning of ICs, we argue that ICs will be resilient—able to maintain their competences and authority in the face of backlash—to the extent that they are embedded in domestic “legal complexes.” Our framework identifies key sites of embeddedness and stresses the importance of synergies between them, including: (1) the incorporation of treaties into domestic law; (2) independent courts; (3) acceptance and use of IC jurisprudence by domestic judiciaries; (4) strong national human rights institutions; (5) incorporation of international law into legal training and research; and (6) the presence of NGOs that rely on ICs. This article explores resilience in the Inter-American System of Human Rights. First, we discuss and map the state of each source of resilience across Latin America. Second, we show how the activation of sources of resilience helped preserve the integrity of Inter-American institutions in the face of backlash orchestrated by several countries between 2011 and 2014.


Author(s):  
O. K. Goncharenko ◽  
A. O. Akhmetzyanov

The article addresses issues related to the development of international cooperation as one of the key areas of activity of the High Commissioner for Human Rights in the Russian Federation. The special features regulating the activities of the High Commissioner, including the novelty in the national legislation and international standards in this area have been presented. Special attention has been given to the directions and forms of cooperation of the High Commissioner with national human rights institutions of foreign states, universal and regional international organizations, integration associations of ombudsmen. Examples of the interaction of the High Commissioner with the United Nations and the Council of Europe at the present stage have been provided. The efforts of the High Commissioner to protect the rights of the Russian citizens and compatriots living abroad have been highlighted. The article presents the development and strengthening of such concept as “human rights diplomacy”. The aspects of the establishment and promotion of the Eurasian Ombudsman Alliance have been reflected.In conclusion, the authors make recommendations on the extension of the competence of the High Commissioner.


2021 ◽  
Vol 13 (13) ◽  
pp. 7002
Author(s):  
Anita Breuer ◽  
Julia Leininger

Achieving the ambitious Sustainable Development Goals of the 2030 Agenda requires strong and accountable institutions. However, the focus on sustainability outcomes set forth in the Agenda’s 17 SDGs has side-lined the debate on accountability mechanisms to ensure effective policy implementation. Six years into the adoption of the 2030 Agenda, it is time to assess progress made in this regard. Drawing on theories of public interest and rational choice, this paper argues that horizontal accountability between different state organs will be key to the emergence of national SDG accountability regimes. We provide evidence on monitoring and evaluation mechanisms for SDG progress based on an original database (AccountSDG) built through a document analysis of 136 Voluntary National Reviews (VNR) submitted between 2016 and 2019. Our analysis provides the first systematic cross-national empirical analysis of the role assigned to parliaments, Supreme Auditing Agencies (SAI), and National Human Rights Institutions (NHRI) in national processes of SDG implementation. We conclude that horizontal accountability, especially the role of SAI and NHRI, remains under-institutionalized in most countries. We conclude by discussing best practices and addressing the most important lacunae, as well as by pointing out limitations of our study and avenues for future research.


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