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New Challenges for the UN Human Rights Machinery

New Challenges for the UN Human Rights Machinery
Author: M. Cherif Bassiouni
Publisher:
Total Pages: 0
Release: 2011
Genre: Human rights
ISBN: 9781780680552

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With the growth of the UN's Treaty Body System, the harmonization and the coordination of working methods between the treaty bodies has become a pressing issue. Commentators spoke of a crisis of the system: a victim of its own success. In 2002, the UN Secretary-General considered that the development of the system had increased pressure on resources of both States and the secretariat, and had implication on the ability of the States to continue to meet their reporting obligations, while the secretariat struggled to continue to provide quality service to all treaty bodies. The UN invited States to reflect on a number of reform initiatives that could help to modernize the system. The possibility of replacing the reporting obligations owed to each of the treaty bodies, with a single report, was suggested. The UN also wished that strengthening and harmonization efforts could eventually lead to a single human rights Treaty Body, which could enhance human rights protection at national level. These suggestions were largely unacceptable to States parties, but the concept itself - of having States submitting single reports to a single human rights mechanism - was tried in the new Charter-based Universal Periodic Review mechanism of the new Human Rights Council, set up in 2007. While the new procedure had little impact on the challenges to the separate Treaty Body System which continued to grow, it certainly reinvigorated calls for a better coordination between the different elements of the UN Human Rights Machinery. In 2009, Navi Pillay, the UN High Commissioner for Human Rights, gave new impetus to the discussions by addressing a renewed call on relevant stakeholders to initiate a process of reflection on ways of strengthening the Treaty Body System and, by extension, the UN Human Rights Protection System as a whole. This impressive collection of essays is a response to the High Commissioner's call, which joins initiatives by other stakeholders. The book has two parts, with one section reflecting on the Treaty Body System, and the second section on the Human Rights Council Procedures. M. Cherif Bassiouni, in April 2012, received the Wolfgang Friedmann Memorial Award which is given by the Columbia Journal of Transnational Law to a distinguished scholar or practitioner who has made outstanding contributions to the field of international law.


Failing to Protect

Failing to Protect
Author: Rosa Freedman
Publisher: Oxford University Press
Total Pages: 240
Release: 2015
Genre: Law
ISBN: 0190222549

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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.


The United Nations and Human Rights

The United Nations and Human Rights
Author: Frédéric Mégret
Publisher: OUP Oxford
Total Pages: 800
Release: 2020-03-19
Genre: Political Science
ISBN: 0191544779

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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.


The Effectiveness of the UN Human Rights System

The Effectiveness of the UN Human Rights System
Author: Surya P. Subedi, OBE, QC (Hon)
Publisher: Routledge
Total Pages: 280
Release: 2017-05-18
Genre: Law
ISBN: 1351778951

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The UN human rights agenda has reached the mature age of 70 years and many UN mechanisms created to implement this agenda are themselves in their middle-age, yet human rights violations are still a daily occurrence around the globe. The scorecard of the UN human rights mechanisms appears impressive in terms of the promotion, spreading of education and engaging States in a dialogue to promote human rights, but when it comes to holding governments to account for violations of these rights, the picture is much more dismal. This book examines the effectiveness of UN mechanisms and suggests measures to reform them in order to create a system that is robust and fit to serve the 21st century. This book casts a critical eye on the rationale and effectiveness of each of the major UN human rights mechanisms, including the Human Rights Council, the human rights treaty bodies, the UN High Commissioner for Human Rights, the UN Special Rapporteurs and other Charter-based bodies. Surya P. Subedi argues most of the UN human rights mechanisms have remained toothless entities and proposes measures to reform and strengthen it by depoliticising the workings of UN human rights mechanisms and judicialising human rights at the international level.


For the Record 1998: Asia

For the Record 1998: Asia
Author:
Publisher:
Total Pages: 172
Release: 1999
Genre: Civil rights
ISBN:

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The UN Human Rights Treaty System

The UN Human Rights Treaty System
Author: Anne Bayefsky
Publisher: BRILL
Total Pages: 831
Release: 2021-10-18
Genre: Law
ISBN: 9004482032

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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.


Making Human Rights a Reality

Making Human Rights a Reality
Author: Emilie Hafner-Burton
Publisher: Princeton University Press
Total Pages: 294
Release: 2013-03-24
Genre: Law
ISBN: 0691155364

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Includes bibliographical references (pages 199-265) and index.


Foundations of Global Health & Human Rights

Foundations of Global Health & Human Rights
Author: Lawrence O. Gostin
Publisher: Oxford University Press
Total Pages: 504
Release: 2020-07-15
Genre: Law
ISBN: 0197528325

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Human rights are essential to global health, yet rising threats in an increasingly divided world are challenging the progressive evolution of health-related human rights. It is necessary to empower a new generation of scholars, advocates, and practitioners to sustain the global commitment to universal rights in public health. Looking to the next generation to face the struggles ahead, this book provides a detailed understanding of the evolving relationship between global health and human rights, laying a human rights foundation for the advancement of transformative health policies, programs, and practices. International human rights law has been repeatedly shown to advance health and wellbeing - empowering communities and fostering accountability for realizing the highest attainable standard of health. This book provides a compelling examination of international human rights as essential for advancing public health. It demonstrates how human rights strengthens human autonomy and dignity, while placing clear responsibilities on government to safeguard the public's health and safety. Bringing together leading academics in the field of health and human rights, this volume: (1) explains the norms and principles that define the field, (2) examines the methods and tools for implementing human rights to promote health, (3) applies essential human rights to leading public health threats, and (4) analyzes rising human rights challenges in a rapidly globalizing world. This foundational text shows why interdisciplinary scholarship and action are essential for health-related human rights, placing human rights at the center of public health and securing a future of global health with justice.


Routledge Handbook of International Human Rights Law

Routledge Handbook of International Human Rights Law
Author: Scott Sheeran
Publisher: Routledge
Total Pages: 809
Release: 2014-08-07
Genre: Law
ISBN: 1135055947

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The Routledge Handbook of International Human Rights Law provides the definitive global survey of the discipline of international human rights law. Each chapter is written by a leading expert and provides a contemporary overview of a significant area within the field. As well as covering topics integral to the theory and practice of international human rights law the volume offers a broader perspective though examinations of the ways in which human rights law interacts with other legal regimes and other international institutions, and by addressing the current and future challenges facing human rights. Providing up-to-date and authoritative articles covering key aspects of international human rights law, this book work is an essential work of reference for scholars, practitioners and students alike. Chapter 35 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://www.routledgehandbooks.com/doi/10.4324/9780203481417.ch35