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Author: Frederic Bostedt Publisher: GRIN Verlag ISBN: 3638685233 Category : Languages : en Pages : 85
Book Description
Master's Thesis from the year 2003 in the subject Law - European and International Law, Intellectual Properties, grade: A, Victoria University of Wellington (Victoria Law School), course: International Law, 60 entries in the bibliography, language: English, abstract: The United Nations Human Rights Committee, established under the International Covenant of Civil and Political Rights, has the power to examine individual complaints on alleged human rights violations. It is noted, however, that the Committee lacks important powers to be as effective as the regional human rights courts in Europe and the Americas. The paper assesses the effectiveness of the Committee by means of a comparative analysis. The comparison takes place within four criteria that are essential in an assessment of a court's effectiveness: the visibility of the court in the public domain, the adoption of interim measures to hinder the aggravation of the violation, the fact-finding capacity of the court, and the enforcement of the final decisions and the follow-ups thereto. The paper argues that despite the statutory deficiencies of the Covenant and the Optional Protocol, the Committee can be as effective as the regional courts even without an amendment to these instruments. This would be possible if the Committee successfully argues for a binding nature of its interim measures; further, it can overcome the lack of its independent fact-finding capacity through a - thoroughly argued - reversal of burden of proof. If it could also augment its own visibility and the publicity of its decisions, the Committee will finally enhance states' compliance with its final, non-legally binding 'views'. The Committee may welll be able to become as effective as the regional courts of human rights, and could in fact evolve into an effective 'court' of human rights on a global level.
Author: Frederic Bostedt Publisher: GRIN Verlag ISBN: 3638685233 Category : Languages : en Pages : 85
Book Description
Master's Thesis from the year 2003 in the subject Law - European and International Law, Intellectual Properties, grade: A, Victoria University of Wellington (Victoria Law School), course: International Law, 60 entries in the bibliography, language: English, abstract: The United Nations Human Rights Committee, established under the International Covenant of Civil and Political Rights, has the power to examine individual complaints on alleged human rights violations. It is noted, however, that the Committee lacks important powers to be as effective as the regional human rights courts in Europe and the Americas. The paper assesses the effectiveness of the Committee by means of a comparative analysis. The comparison takes place within four criteria that are essential in an assessment of a court's effectiveness: the visibility of the court in the public domain, the adoption of interim measures to hinder the aggravation of the violation, the fact-finding capacity of the court, and the enforcement of the final decisions and the follow-ups thereto. The paper argues that despite the statutory deficiencies of the Covenant and the Optional Protocol, the Committee can be as effective as the regional courts even without an amendment to these instruments. This would be possible if the Committee successfully argues for a binding nature of its interim measures; further, it can overcome the lack of its independent fact-finding capacity through a - thoroughly argued - reversal of burden of proof. If it could also augment its own visibility and the publicity of its decisions, the Committee will finally enhance states' compliance with its final, non-legally binding 'views'. The Committee may welll be able to become as effective as the regional courts of human rights, and could in fact evolve into an effective 'court' of human rights on a global level.
Author: Suzanne Egan Publisher: Bloomsbury Professional ISBN: 9781847661098 Category : Law Languages : en Pages : 550
Book Description
The UN Human Rights Treaty System: Law and Procedure examines the core UN human rights treaties that form the framework of international human rights law. This book describes the development of each treaty, along with the substantive rights enshrined in them, and analyses the nature and functions of their respective monitoring bodies. Topics discussed include periodic reporting procedures, investigative procedures and individual complaint procedures, with supporting case law analysed in great detail. This practical and indispensable reference resource: - Guides you through the structure of each of the core UN human rights treaties, explaining both the substance of the rights and the various procedures which may be drawn upon to implement those rights - Explains in detail how each of these procedures may be accessed, as well as critiquing their operation in practice - Covers a wide number of areas including civil and political rights generally, racial and gender-based discrimination and the prohibition against torture - Discusses proposals for reform of the UN human rights treaty monitoring system and the implications of these reforms The UN Human Rights Treaty System: Law and Procedure has been written for practitioners and students of human rights law in the UK, Ireland and abroad. Government bodies, non-governmental organisations, national human rights institutions and charities will also find this a great resource.
Author: Castan Centre for Human Rights Law Publisher: United Nations Publications ISBN: 9780975244258 Category : Business & Economics Languages : en Pages : 147
Book Description
"The purpose of this publication is to contribute to [the] process of clarification by explaining universally recognised human rights in a way that makes sense to business. The publication also aims to illustrate, through the use of case studies and actions, how human rights are relevant in a corporate context and how human rights issues can be managed."--Introduction, p. vii.
Author: Eric Tistounet Publisher: Edward Elgar Publishing ISBN: 1789907942 Category : Law Languages : en Pages : 259
Book Description
Since its establishment the work of the Human Rights Council (UNHRC) has been subject to many interpretations, theories, comments or conclusions. This comprehensive book dissects every aspect of the UNHRC’s work and analyses the efficiency of, and interactions between, its mechanisms. Authored by the first Secretary of the UNHRC, this book provides unique practitioner insights into the complex decision making processes of the Council alongside the core variations from its predecessor.
Author: Rosa Freedman Publisher: Oxford University Press ISBN: 0190222549 Category : Law Languages : en Pages : 240
Book Description
Every year tens of millions of individuals suffer grave abuses of their human rights. These violations occur worldwide, in war-torn countries and in the wealthiest states. Despite many of the abuses being well-documented, little seems to be done to stop them from happening. The United Nations was established to safeguard world peace and security, development, and human rights yet it is undeniable that currently is it failing to protect the rights of a great many people from the victims of ethnic cleansing, to migrants, those displaced by war and women who suffer horrendous abuse. This book looks at the reasons for that failure. Using concrete examples intertwined with explanations of the law and politics of the UN, Rosa Freedman offers clear explanations of how and why the Organisation is unable, at best, or unwilling, at worst, to protect human rights. Written for a non-specialist audience, her book also seeks to explain why certain countries and political blocs manipulate and undermine the UN s human rights machinery. Failing to Protect demonstrates the urgent need for radical reform of the machinery of human rights protection at the international level.
Author: Frédéric Mégret Publisher: Oxford University Press ISBN: 0191653314 Category : Law Languages : en Pages : 783
Book Description
The very concept of human rights implies governmental accountability. To ensure that governments are indeed held accountable for their treatment of citizens and others the United Nations has established a wide range of mechanisms to monitor compliance, and to seek to prevent as well as respond to violations. The panoply of implementation measures that the UN has taken since 1945 has resulted in a diverse and complex set of institutional arrangements, the effectiveness of which varies widely. Indeed, there is much doubt as to the effectiveness of much of the UN's human rights efforts but also about what direction it should take. Inevitable instances of politicization and the hostile, or at best ambivalent, attitude of most governments, has at times endangered the fragile progress made on the more technical fronts. At the same time, technical efforts cannot dispense with the complex politics of actualizing the promise of human rights at and through the UN. In addition to significant actual and potential problems of duplication, overlapping and inconsistent approaches, there are major problems of under-funding and insufficient expertise. The complexity of these arrangements and the difficulty in evaluating their impact makes a comprehensive guide of the type provided here all the more indispensable. These essays critically examine the functions, procedures, and performance of each of the major UN organs dealing with human rights, including the Security Council and the International Court of Justice as well as the more specialized bodies monitoring the implementation of human rights treaties. Significant attention is devoted to the considerable efforts at reforming the UN's human rights machinery, as illustrated most notably by the creation of the Human Rights Council to replace the Commission on Human Rights. The book also looks at the relationship between the various bodies and the potential for major reforms and restructuring.
Author: Frederic Bostedt
Author: Frederic Bostedt
Author: Suzanne Egan
Author: Philip Alston
Author: 
Author: Julia Kozma
Author: Leena Grover
Author: Castan Centre for Human Rights Law
Author: Eric Tistounet
Author: Rosa Freedman
Author: Frédéric Mégret