Author: B. G. Ramcharan Publisher: BRILL ISBN: 9004171479 Category : Political Science Languages : en Pages : 225
Book Description
As the system of human rights special procedures goes forward to deal with the continuing and new challenges of human rights protection it is of great value to record and recall the considerable body of practice and precedents they have developed for the protection of human rights since the first special procedure was established in the mid 1960s. That is the particular merit of this path-breaking book. The author, who was one of the pioneers in the establishment and operation of the system of special procedures, tells in this book the story of the establishment, history, operations, successes and challenges of the special procedures through the lens of efforts for international protection. In the introduction he summarises their protection roles, which he sets out further in the substantive chapters. In the conclusion he provides an assessment of their protection roles. He notes that while they contribute greatly, the challenges of international protection are still many, and the author invites the international community to a higher level of protection.
Author: Aoife Nolan Publisher: BRILL ISBN: 9004304703 Category : Law Languages : en Pages : 495
Book Description
The United Nations Special Procedures system is a key element of the evolving international framework for human rights protection and promotion. However, despite the system’s expansion, the range of roles and functions performed by mandate holders, and the mounting evidence of its strengths and limitations, there has been very little academic interrogation or analysis of Special Procedures. This lacuna is ever-more problematic given the growing profile and effectiveness of the Special Procedures’ work, as well as the increasing attention and challenges that they face, both externally from States and internally from within the UN system. Given the current ‘state of play’ of Special Procedures, it is essential that scholarly attention be focussed upon the system. How does it contribute to international human rights protection? How, when and why does it fail to do so? What steps can and should be taken to address shortcomings both within the system and in terms of the legal and political context within which it operates? Featuring expert contributions from key players within, and expert commentators on, the Special Procedures system, this volume addresses these questions in an in-depth and rigorous scholarly manner.
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: Elvira Domínguez-Redondo Publisher: Oxford University Press ISBN: 0197516726 Category : Law Languages : en Pages : 251
Book Description
In Defense of Politicization of Human Rights: The UN Special Procedures constitutes the first comprehensive study of the United Nations Special Procedures, covering their history, methods of work, institutional status, relationship with other politically driven organs, and processes affecting their development. Special Procedures have existed since 1967, nearly as long as United Nations Treaty Bodies, but have received only fragmented analysis, normally focused on a few thematic mandates, until the creation of the Human Rights Council in 2006. In seeking to debunk commonly held views about the role of politics in human rights at international level, In Defense of Politicization of Human Rights constitutes the first comprehensive study of the United Nations Special Procedures as a system covering their history, methods of work, institutional status, relationship with other politically driven organs, and processes affecting their development. The perspective chosen to analyze the human rights mechanisms most vulnerable to political decisions determining their creation, renewal and operationalization, casts a new light on the extent to which these remain the cornerstone of global accountability in protecting the inherent dignity and worth of individuals as well as groups. International human rights mechanisms' efficiency is normally linked to the work of independent experts keen to push the boundaries of accountability against recalcitrant States determined to defend their sovereignty. As a corollary, progress in this field is associated to the creation and maintenance of political free spaces. Another common presumption is a belief in a differentiated 'North' versus 'South' approach to the promotion and protection of human rights, that find common ground within the prevalent human rights discourses repeated by governmental and non-governmental actors. Through the lenses of the United Nations Special Procedures, In Defense of Politicization of Human Rights challenges these and other presumptions informing doctrinal studies, policies and strategies to advance international human rights. Because of the Special Procedures' growing salience and impact in the world of international human rights, this book is likely to become required reading for any student or practitioner of international human rights.
Author: Elvira Domínguez-Redondo Publisher: Oxford University Press ISBN: 0197516718 Category : Law Languages : en Pages : 328
Book Description
In Defense of Politicization of Human Rights: The UN Special Procedures constitutes the first comprehensive study of the United Nations Special Procedures, covering their history, methods of work, institutional status, relationship with other politically driven organs, and processes affecting their development. Special Procedures have existed since 1967, nearly as long as United Nations Treaty Bodies, but have received only fragmented analysis, normally focused on a few thematic mandates, until the creation of the Human Rights Council in 2006. In seeking to debunk commonly held views about the role of politics in human rights at international level, In Defense of Politicization of Human Rights constitutes the first comprehensive study of the United Nations Special Procedures as a system covering their history, methods of work, institutional status, relationship with other politically driven organs, and processes affecting their development. The perspective chosen to analyze the human rights mechanisms most vulnerable to political decisions determining their creation, renewal and operationalization, casts a new light on the extent to which these remain the cornerstone of global accountability in protecting the inherent dignity and worth of individuals as well as groups. International human rights mechanisms' efficiency is normally linked to the work of independent experts keen to push the boundaries of accountability against recalcitrant States determined to defend their sovereignty. As a corollary, progress in this field is associated to the creation and maintenance of political free spaces. Another common presumption is a belief in a differentiated 'North' versus 'South' approach to the promotion and protection of human rights, that find common ground within the prevalent human rights discourses repeated by governmental and non-governmental actors. Through the lenses of the United Nations Special Procedures, In Defense of Politicization of Human Rights challenges these and other presumptions informing doctrinal studies, policies and strategies to advance international human rights. Because of the Special Procedures' growing salience and impact in the world of international human rights, this book is likely to become required reading for any student or practitioner of international human rights.
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: Bertrand G. Ramcharan Publisher: ISBN: 9789004504950 Category : Human rights Languages : en Pages : 208
Book Description
This book places under scrutiny for the first time, whether, and how, the United Nations Human Rights Council actually contributes to the protection of human rights in the face of pervasive gross violations world-wide. It finds that the Council does little of preventive protection, some mitigatory protection, and little remedial or compensatory protection. The Council's response to situations of gross violations depends on the political alignments within its membership for each situation. The Council gives priority to cooperation and dialogue over principled denunciations of gross violations. It is not an organ of justice, but in some instances it is an organ for justice, inasmuch as it addresses the structural causes of violations. Much useful fact-finding takes place under the auspices of the Council, and it does contribute to the progressive development of international law.
Author: Anne Bayefsky Publisher: BRILL ISBN: 9004482032 Category : Law Languages : en Pages : 831
Book Description
Human rights treaties are at the core of the international system for the promotion and protection of human rights. Every UN member state has ratified at least one of these treaties, making them applicable to virtually every child, woman or man in the world - over six billion people. At the same time, human rights violations are rampant. The problem is that the implementation scheme accompanying the core human rights standards was drafted during a period of history when effective international monitoring was neither intended nor achievable. Today there is a gap between universal right and remedy that is inescapable and inexcusable, threatening the integrity of the international human rights legal regime. There are overwhelming numbers of overdue reports, untenable backlogs, minimal individual complaints from vast numbers of potential victims, and widespread refusal of states to provide remedies when violations of individual rights are found. This landmark Report prepared by Professor Bayefsky envisions a wide-ranging number of reforms, most of which can be accomplished without formal amendment. The recommendations generally assume a six treaty body regime, and focus primarily on offering concrete suggestions for improvements in working methods of the treaty bodies and procedures at the Office of the High Commissioner for Human Rights (OHCHR). Professor Bayefsky details numerous proposals for bolstering national level partnerships, and for following-up the output of the treaty monitoring system as a key missing component of the implementation regime. One major reform requiring amendment is ultimately recommended, namely, consolidation of the human rights treaty bodies and the creation of two permanent committees, one for the consideration of state reports and one for complaints. All individuals, agencies, and organizations involved in the promotion, implementation, review, analysis, and study of human rights protection for all peoples will find this Report an indispensable resource for their work. It contains a unique overview of all the working methods of the six human rights treaty bodies, a detailed and thorough statistical analysis of the operation of the human rights treaty system, and a number of additional annexes which together provide a thorough and comprehensive understanding of the treaty system. The international human rights legal system is at a crossroads, with the ideal of universality threatened by the fundamental shortfalls in effective implementation. This Report offers a clear and substantive path to moving universality beyond rhetoric and towards a treaty regime meaningful and effective in the lives of everyday people.
Author: International Commission on Intervention and State Sovereignty Publisher: IDRC ISBN: 9780889369634 Category : Law Languages : en Pages : 432
Book Description
Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty
Author: B. G. Ramcharan
Author: Aoife Nolan
Author: Eric Tistounet
Author: Elvira Domínguez-Redondo
Author: Elvira Domínguez-Redondo
Author: Frédéric Mégret
Author: Bertrand G. Ramcharan
Author: Anne Bayefsky
Author: 
Author: International Commission on Intervention and State Sovereignty