The Impact of the United Nations Human Rights Treaties on the Domestic Level: Twenty Years On PDF Download
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Author: Christof Heyns
Publisher: BRILL
ISBN: 9004377654
Category : Law
Languages : en
Pages : 1397
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Book Description
This collection of chapters tracks and explains the impact of the nine core United Nations human rights treaties in 20 selected countries, four from each of the five UN regions. Researchers based in each of these countries were responsible for the chapters, in which they assess the influence of the treaties and treaty body recommendations on legislation, policies, court decisions and practices. By covering the 20 years between July 1999 and June 2019, this book updates a study done 20 years ago.
Author: Christof Heyns
Publisher: BRILL
ISBN: 9004377654
Category : Law
Languages : en
Pages : 1397
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Book Description
This collection of chapters tracks and explains the impact of the nine core United Nations human rights treaties in 20 selected countries, four from each of the five UN regions. Researchers based in each of these countries were responsible for the chapters, in which they assess the influence of the treaties and treaty body recommendations on legislation, policies, court decisions and practices. By covering the 20 years between July 1999 and June 2019, this book updates a study done 20 years ago.
Author: Christof Heyns
Publisher: BRILL
ISBN: 9004480889
Category : Law
Languages : en
Pages : 656
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Book Description
The six main United Nations human rights treaties enjoy almost universal ratification today. Almost 80 per cent of the possible ratifications have been made, and every Member State of the UN has ratified at least one of these treaties. The nearly universal acceptance of the treaties on the formal level, however, does not automatically translate into the norms contained in these documents being made a reality in the lives of the billions of people living in these countries. The treaty system is notoriously weak in terms of international enforcement, and there is a general suspicion that it has had little impact at the domestic level. Mechanisms to improve the international enforcement mechanisms of the six main treaties have been a topic of discussion and research for many years, but the domestic impact of the treaties has never been investigated in a systematic and comprehensive manner. This book constitutes the most ambitious attempt so far to establish the impact of the treaties at the domestic level. The following treaties in 20 United Nations Member States are investigated: the Convention on the Elimination of All Forms of Racial Discrimination, the Covenant on Economic, Social, and Cultural Rights, the Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, the Convention Against Torture, and the Convention on the Rights of the Child. This book reflects the findings of 20 researchers, based in the countries investigated, under the leadership of Professors Christof Heyns and Frans Viljoen of the Centre for Human Rights, University of Pretoria, in a study done in co-operation with the United Nations High Commissioner for Human Rights. The influence of the treaties in each of the 20 countries is investigated in respect of its influence on the continuation, legislation, court cases, policies and practices, and the impact of the treaty system in civil society. In an overview chapter by the study leaders based on a comparison of the available data, common trends and patterns are identified, and recommendations about reforms on the national and international level are made. This is a book that should be read by all those interested in the development of the international human rights system.
Author: Suzanne Egan
Publisher: Bloomsbury Professional
ISBN: 9781847661098
Category : Law
Languages : en
Pages : 550
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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: 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: Veronika Haász
Publisher: GRIN Verlag
ISBN: 3656528586
Category : Law
Languages : en
Pages : 104
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Book Description
Master's Thesis from the year 2013 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: A, European University Viadrina Frankfurt (Oder), course: Jura - Internationale Menschenrechte und Humanitäres Recht, language: English, abstract: National Human Rights Institutions (NHRIs) are cornerstones of strong domestic human rights protection systems. They play a crucial role in the promotion and protection of human rights at the national level. Within their broad mandate, they advise governments on various human rights issues, monitor the implementation of international human rights instruments, promote the harmonisation of national law and practice with the international human rights standards, disseminate human rights information, cooperate with regional and international human rights bodies, and remedy human rights violations. However, National Human Rights Institutions are primarily domestic instruments, they increasingly engage with the international human rights mechanisms. In the last 20 years, they became the practical link between international human rights standards and their concrete application at the national level. The institutions’ interaction with the UN Charter-based and Treaty-based Bodies is a relatively new phenomenon and as such, has its obstacles. In order to clarify the nature and ways of co-operation between NHRIs and the UN human rights monitoring mechanisms, this Handbook sets out the characteristics and role of National Human Rights Institutions in the UN human rights framework. Meanwhile, it is aiming to answer two main questions: what added value does the participation of NHRIs at the international level bring and how should the cooperation between NHRIs and the UN be strengthened in the future.
Author: Mpazi Sinjela
Publisher: Martinus Nijhoff Publishers
ISBN: 9004162909
Category : Political Science
Languages : en
Pages : 303
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Book Description
This collection explores this balance and the extent to which human rights standards can influence the interpretation of IP norms, for example in defining the scope of IPRs."--BOOK JACKET.
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: Jonathan Todres
Publisher: BRILL
ISBN: 9047431219
Category : Law
Languages : en
Pages : 394
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Book Description
This in-depth text goes beyond the rhetoric of the debate on children’s rights and the Convention on the Rights of the Child, in particular, to provide a detailed examination of the impact that U.S. ratification of the Convention would have on U.S. law. The chapters have been written by leading children’s advocates and scholars with a general audience in mind, as the authors believe that it is important for all Americans to become informed about the Convention and about children’s rights in general. With a greater understanding of the substance of the Convention and children’s rights, readers will be better positioned to determine what the real issues are, what is simply rhetoric without any basis in fact or law, and how they can address the real issues in an effective manner in order to provide a better world for all children. The book is divided broadly-speaking into two sections. The first part of the book provides an introduction to the Convention, examines the key issues of debate with respect to U.S. ratification, and explores many of the overarching themes that arise in the context of U.S. consideration of the Convention, or any other international instrument for that matter. The remainder of the book is dedicated to more in-depth examinations of various provisions of the Convention, with a view to determining the impact of U.S. ratification of the Convention with respect to those issues in particular. Published under the Transnational Publishers imprint.
Author: Jack Donnelly
Publisher: Routledge
ISBN: 0429561040
Category : Law
Languages : en
Pages : 294
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Book Description
Fully updated, the sixth edition of International Human Rights examines the ways in which states and other international actors have addressed human rights since the end of World War II. This unique textbook features substantial attention to theory, history, international and regional institutions, and the role of transnational actors in the protection and promotion of human rights. Its purpose is to explore the difficult and contentious politics of human rights, and how those political dimensions have been addressed at the national, regional, and especially international levels. Key features include: substantially revised throughout, including new material on LGBTQ rights in Africa, Indigenous peoples’ rights in Guatemala, the Rohingya crisis in Myanmar, and a new chapter on human rights and development; in-text features such as discussion questions, suggested readings, case studies, and "problems" to promote classroom discussion and in-depth examination of topics; concise yet clearly organised and comprehensive coverage of the topic. International Human Rights is essential reading for courses and modules in human rights, politics and international relations, law, criminal justice, sociology, social work, public administration, and international development.
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.
