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Author: Surya P. Subedi, OBE, QC (Hon)
Publisher: Routledge
ISBN: 1351778951
Category : Law
Languages : en
Pages : 280
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Book Description
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.
Author: Surya P. Subedi, OBE, QC (Hon)
Publisher: Routledge
ISBN: 1351778951
Category : Law
Languages : en
Pages : 280
Get Book Here
Book Description
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.
Author: Patrick J. Flood
Publisher: Praeger
ISBN: 0275960528
Category : Political Science
Languages : en
Pages : 0
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Book Description
An assessment of UN human rights initiatives, especially that of Charter-based institutions. The author examines the reasons why some structural approaches have had more impact than others. He concludes that UN institutions have become part of the international environment.
Author: Rosa Freedman
Publisher: Oxford University Press
ISBN: 0190222549
Category : Law
Languages : en
Pages : 240
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Book Description
BL Explains why the respect in which the UN is held is not matched by admiration for its practical attempts to safeguard human rights.
Author: Philip Alston
Publisher: Cambridge University Press
ISBN: 9780521645744
Category : Law
Languages : en
Pages : 604
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Book Description
Every state in the world has undertaken human rights obligations on the basis of UN treaties. Today's challenge is to enhance the effectiveness of procedures and institutions established to promote the accountability of governments. The six treaty bodies that monitor and evaluate state policies and practices play a vital role, but the whole system has been stretched almost to breaking point. It is under-funded, many governments fail to report or do so very late or superficially, there is a growing backlog of individual complaints, broad reservations have been lodged by many states, and the expertise of committee members has been questioned. This volume contains detailed analyses of the strengths and weaknesses of the system, written by leading participants in the work of the treaty bodies. Their recommendations provide a blueprint for far-reaching reform of a system of major importance for the future of international efforts to protect human rights.
Author: Leena Grover
Publisher: Cambridge University Press
ISBN: 1107006546
Category : Law
Languages : en
Pages : 491
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Book Description
An analysis of the UN human rights treaty bodies, their methods of interpretation, their effectiveness and issues of legitimacy.
Author: Eric Tistounet
Publisher: Edward Elgar Publishing
ISBN: 1789907942
Category : Law
Languages : en
Pages : 259
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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: Anne Bayefsky
Publisher: BRILL
ISBN: 9004482032
Category : Law
Languages : en
Pages : 831
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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:
Publisher: Professional Training
ISBN: 9789211541892
Category : Political Science
Languages : en
Pages : 0
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Book Description
This publication introduces the reader to national human rights institutions (NHRIs). Its focus is on NHRIs as both cornerstones of national human rights protection and promotion, and links between States and the international human rights system. Respect for human rights requires the concerted effort of every Government, individual, group and organ in society. With this in mind, the publication is intended for all those who seek a basic understanding of NHRIs, the work they do, how they interact with States, civil society and the international community, and how to support their work.
Author: Frédéric Mégret
Publisher: OUP Oxford
ISBN: 0191544779
Category : Political Science
Languages : en
Pages : 800
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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: Patrick J. Flood
Publisher: Bloomsbury Publishing USA
ISBN: 0313025274
Category : Political Science
Languages : en
Pages : 184
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Book Description
Since the 1970s, the international community of states has demonstrated increasing willingness to invest UN institutions with politico-ethical authority to act on its behalf in addressing human rights abuses. Through trial and error, some of these institutions have had a degree of success in securing better practical observance of international human rights standards. Flood examines the reasons why some structural approaches have had more impact than others. He argues that states must make policy choices in an environment where many political actors operate simultaneously and where several state interests are in play simultaneously. This situation creates the political space in which community structures can operate to influence behavior. Because states require the active or tacit cooperation of other states to promote their interests, they seek to avoid prolonged political isolation. Thus, the most effective UN human rights institutions are those linked in meaningful ways with Charter-based human rights mechanisms. These mechanisms—thematic and country-specific—have different structural advantages, and their concrete effectiveness depends on the specific circumstances of the particular case they are asked to address. There is evidence that they have greater impact when employed simultaneously, as well as when key states support their efforts bilaterally. Through case studies, Flood analyzes the work of the thematic mechanisms on disappearances and religious discrimination and the country-specific mechanisms used with Chile and Iran. He concludes that Charter-based UN human rights institutions have become an enduring part of the international environment and that their activities have strengthened the concept and practice of state accountability to the international community for human rights conduct.
