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International Machinery on Human Rights

International Machinery on Human Rights

Among the recommendations adopted by the CEDAW Committee at its 7th Session in 1988 was one calling upon State parties to disseminate the Convention, the report of State parties and t[r]

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Discussing "human rights" : an anthropological exposition on "human rights" discourse

Discussing "human rights" : an anthropological exposition on "human rights" discourse

(as opposed to the study of peoples and cultures of the past), can contribute in manners that are precise and with feelings about current topics of incalculable importance to the development, evolution, and improvement of a 'universally' acceptable doctrine of "Human Rights". The opinions of anthropologists concerned with "Human Rights", wherever they stand in the "relativism "/ "universalism" debate,1 °4 should be of great interest to those involved in international political and "Human Rights" discourse because of the intense and hands-on research methods routinely employed by anthropologists in studying contemporary societies -especially those of the developing world. It is these very societies, international policy makers swear they are interested in giving an increasing voice to, that are most thoroughly researched and best known to anthropologists, who have a history of studying peoples rarely studied. As Theodore E. Downing and Gilbert Kushner write in the "Introduction" to Human Rights and Anthropology : "A nthropologists' concern for precise reporting, replicating observations, preserving linguistic and conceptual clarity and reducing observer bias provides an alternative -if not more accurate- view on the human condition than that obtained from
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In Nigeria and other post-colonial countries, human rights education is seen as a way to bring in transformative pedagogy that "takes up concerns of freedom, democracy, social justice and social empowerment" and try to "overcome the legacy of authoritarianism and selective knowledge production in the schools" (Uwakweh 2000; Claude 2000). Lohrenscheit's article on Freire overviews the central tenets of this approach for HRE. In keeping with its context-specific use, human rights education has been viewed optimistically by its promoters as a conflict-prevention or peace- building mechanism in conflict or post-conflict societies. The Universal Declaration of Rights recognizes that human rights principles incorporated into many international treaties were designed "to prevent resort to violence" and it is assumed by those promoting the human rights framework that the more human rights are observed, the more just and peaceful the society (Bernath, Holland, Martin 1999; Education Development Center 2003). Smith et al's article on Northern Ireland shares research on the role of HRE in promoting understanding among groups that have traditionally been in conflict.
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Transcending Human Rights Instrumentalism

Transcending Human Rights Instrumentalism

Chapter Five introduces Australia and Mongolia, with the focus on their conditions that affect the domestic impact of human rights treaties. These include their governance and legal systems, human rights protection and culture, the rules determining the application of international human rights treaties and some aspects of their political and social contexts. The chapter highlights the rich contrasts between the two country case studies. Chapter Six illustrates the implementation of the Disabilities Convention in Australia as captured through an instrumentalist lens. As discussed in this Chapter, human rights instrumentalism approaches treaties from a legalistic perspective, focusing on state responses to the treaties and especially on the legal and policy measures directed to incorporate treaty norms into the domestic legal order. Accordingly, Chapter Six describes intense legal and policy developments that followed the Convention’s ratification by Australia. It then examines two key examples of such legislative reforms, disability service reform and an inquiry into migration laws. On one hand, the Chapter demonstrates the significant commitment of the Australian government to implement the Convention. On the other hand, it shows the reluctance of the Australian government to make substantive changes in some other areas of law, despite the recommendations given by international and domestic authorities to bring its domestic laws in line with the Disabilities Convention.
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The Emerging Role of Sub-National Human Rights Institutions in the International Human Rights Regime

The Emerging Role of Sub-National Human Rights Institutions in the International Human Rights Regime

legislative autonomy. This argument has been made at times by the Council of Regions and other actors with an interest in preserving sub-national political authority. 58 The argument progresses as follows. First, advocates for decentralisation will point out that local authorities are intimately involved in human rights protection and implementation, and in particular are generally heavily involved in developing and implementing policies that can impact social and economic rights, such as public health, housing, social welfare, education, employment, urban planning and environmental protection. 59 However, there is sometimes insufficient attention paid to local government’s impact on human rights, due to a systematic bias among human rights advocates and scholars to monitor developments at the national or supra-national level. 60 Therefore, given the relevance of local government activities to human rights, and the relative lack of supervision, it is desirable for an HRI of some sort to monitor local government activities and provide appropriate recommendations when its laws or policies have violated or threaten to violate human rights. In countries where there is no NHRI, this means that an SNHRI should be established to fill the gap. Where there is an NHRI, the establishment of an SNHRI might still be necessary, because the NHRI might be legally prohibited from interfering with the actions of regional and municipal authorities when administration is divided into federal, autonomous, or highly decentralised jurisdictions. 61 Even where it would be legally permissible for a national- level body to pass judgment on the work of a lower-level autonomous governmental entity, it is worth bearing in mind that NHRI opinions are (in general) non-binding, and therefore only effective in as much as their addressee takes them into consideration and follows their recommendations. 62 If an autonomous entity would be systematically less likely to follow recommendations from a NHRI than from a local SNHRI due to autonomy concerns, then an SNHRI would end up as the more effective body for influencing local authorities.
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Rights of Transgender/Transsexual and International Human Rights'

Rights of Transgender/Transsexual and International Human Rights'

The transgender population of the world is emerging, and in doing so, faces grave misunderstanding, prejudice and injustice on a daily basis. In the absence of recognition as a distinct and equal subset of humanity, transgender people do not receive equal protection under common law or human rights. Many instances can be referenced where transgender people were afforded neither equal rights nor freedoms, and have been subjected to atrocious and inhumane treatment at the hands of law makers and society at large. Due to their perceived gender identity these sexual minority are considered as criminal class and it is fact that no society wants to include criminals in mainstream. Law demands clear status of identity which play central role to get exact location in the eyes of law. Unclear sex and gender of persons is making their life inhuman because they have hardly any status in the eyes of human rights law. Here we will discuss various provisions of human rights which are grossly violated with respect to third sex and further grounds of discrimination.
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The legal recognition of the human rights situation of women with disabilities in the state of Qatar

The legal recognition of the human rights situation of women with disabilities in the state of Qatar

It is important to emphasize that discrimination is often enshrined in law, as well as in practice. However, Qatar’s legal reality makes it slightly more complicated to talk about equality and non-discrimination in practice for women with disabilities in Qatar, since the Economic and Social Council (ECOSOC) Committee –not ratified by Qatar– has conceptualized equality and non-discrimination in practice mainly through general considerations. This is all the more relevant regarding women and girls with disabilities, who have a long history of facing discrimination and oppression 9 . The fact that the CEDAW Protocol has not been ratified further hinders the protection and promotion of the rights of women (with and without disabilities), since the Optional Protocol to the CEDAW establishes, among other things, CEDAW’s own complaints and investigation procedures through its Committee. Also, according to Facio and Obando (2004, pp.15- 16) ratifying the Protocol “would promote a more effective implementation of the CEDAW through a wider interpretation and actual application of the Convention […], it could also raise public awareness on the international guarantees regarding women’s human rights, as well as drawing attention to the CEDAW […]”. It is worth noting that Qatar is not the only State –others include western countries– that have not ratified certain human rights treaties and/or their optional protocols. However, the problem in Qatar is more acute due to the combination of this lack of ratification and the country’s domestic legislation, which lacks an integrated gender approach to disability, and where disability is conceived from a perspective somewhat removed from that endorsed by human rights.
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HUMAN RIGHTS OF INDIAN WOMEN: MYTH AND REALITY

HUMAN RIGHTS OF INDIAN WOMEN: MYTH AND REALITY

The Universal Declaration of Human Rights, the International covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights constitute a trinity which is often called the magna carta of humanity". The United Nations shows concern for human rights and the list of these rights which every human being has a right to enjoy includes: The right to life; Abolition of slavery and suppression of the slave trade; Abolition of forced or compulsory labour; Freedom from torture; Freedom from arbitrary arrest, detention or exile; Equality in the administration of justice; The right of everyone to leave any country, including his own and to return to his country; The right to a nationality; Freedom for thought, conscience and religion; Freedom of opinion and expression; Freedom of association; The right of everyone to take part in the government of his country; The realisation of economic, social and cultural rights; The right to work; The right to education; The right to health; Freedom from hunger; The right to participate in cultural life; The right to a clean environment; The right to adequate shelter and services. As women are the largest minority in the world and suffer suppression of personality, therefore, the United Nations has had to deal with the problem of justice to womenhood seriously, to remedy their many maladies. Some of the recipes are: United Nations instruments embodying the principle of equality of men and women; measures taken by United Nations bodies to implement the principle of equality of men and women; United Nations instruments dealing with problems that affect women adversely; measures taken by United Nations bodies to deal with problems that affect women adversely; Integration of women in development; Effective mobilisation of women in development. 1
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International Response to Protection and Enforcement of Human Rights

International Response to Protection and Enforcement of Human Rights

As we know that human rights are essential for all-round development of the personality of individual in the society, therefore they necessarily needed to be protected and be made available to all individuals. The United Nation (UN) has created a global structure for protecting human rights, based largely on its Charter, non-binding declaration, legally binding treaties and on various activities aimed at advancing democracy and human rights throughout the world. An effective procedure for the protection and enforcement of human rights would mean substantial change in the distribution of power between member states and UN, within member states and between active decision makers and individual human being.
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Refugee Family Reunification Rights: A Basis in the European Court of Human Rights' Family Reunification Jurisprudence

Refugee Family Reunification Rights: A Basis in the European Court of Human Rights' Family Reunification Jurisprudence

This is because the Court is a major institution in international human rights law and is interpreting a provision of a human rights document (Article 8 of ECHR50[r]

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Religious Human Rights and the International Human Rights Community: Finding Common Ground - Without Compromise

Religious Human Rights and the International Human Rights Community: Finding Common Ground - Without Compromise

Religious identity alone will seldom be the only indicator of religious persecution, given that "religion is usually intertwined with ethnic, political, territorial[r]

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Comments on the "Universality" of the Code of Conduct for Law Enforcement Officials

Comments on the "Universality" of the Code of Conduct for Law Enforcement Officials

Among the relevant international instruments are the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Declaration [r]

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Challenges to the Application of International Women's Human Rights

Challenges to the Application of International Women's Human Rights

Challenges to the Application of International Women's Human Rights in Ghana BY ANlTA M, HEYMANN ABABIO Cet article tente d'analyser I'adoption et l'implantation de La Convention pour 12limination de[.]

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Litigating Customary International Human Rights Norms

Litigating Customary International Human Rights Norms

In addition to seeking recognition of additional human rights violations as falling within the reach of the Alien Tort Claims Act, pending cases also push to expand t[r]

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Exploring the Limits of International Human Rights Law

Exploring the Limits of International Human Rights Law

As I discuss below, advocacy groups have recognized that importation of the language of international human rights into domestic legal systems-through direct litigation, domestic [r]

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Taking Pride in International Human Rights Litigation

Taking Pride in International Human Rights Litigation

US human rights cases are based on the Alien Tort Claims Act ("ATCA"), which states that the federal courts shall have jurisdiction over "a tort only, committed in [r]

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Race and Gender Analyses of Trafficking: A Case Study of Nigeria

Race and Gender Analyses of Trafficking: A Case Study of Nigeria

Human Rights Standards for the Treatment of Tracked Persons Summary These standards are drawn from international human rights instruments and formally recognized international legal norms They aim to[.]

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Who Cares about the Rights of Indigenous Children - Infanticide in Brazilian Indian Tribes

Who Cares about the Rights of Indigenous Children - Infanticide in Brazilian Indian Tribes

Declaration of Human Rights, 157 the International Covenant on Civil and Political Rights, 158 the International Covenant on Economic, Social and Cultural Rights, 159 [r]

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International Law, Human Rights Beneficiaries, and South Africa: Some Thoughts on the Utility of International Human Rights Law

International Law, Human Rights Beneficiaries, and South Africa: Some Thoughts on the Utility of International Human Rights Law

While international criminal accountability for private organizations is not provided for in the Hague tribunals," civil liability and other forms of accountability for[r]

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The state's right to stay in international law of human rights

The state's right to stay in international law of human rights

Despite the development of the International community in the International field of human rights, and the issue of protecting man has become one of the most important in the International law, and that the International work is still linking the requirement of recognizing the State, so as to enjoy the right to stay, even if not said clearly, the State is not recognized the States that dominate the world, does not enjoy the right to stay, while the UN Declaration in the International Fiqh (jurisdiction), does not require recognizing the State so as to enjoy the right to stay, except in the practical application that witnesses various violations against the State's right to stay. The States that are unrecognized by the dominating States have worked to eliminate some States, completely with the knowledge and consent of the UN. As examples for that: terminating the existence of Palestine in 1948, damaging Iraq by the International alliance in 2003, igniting the national war in Syria through direct intervention, damaging Libya in 2011, Yemen by the Gulf States in 2015. the elimination of those States resulted in damaging millions of their peoples between a dead, injured, displacement and mass immigration. In addition to that, such acts resulted in threatening a number of other States to be eliminated such as north Korea, Cuba and Sudan. Those States were not accepted by the USA, and to damage them applies on damaging their peoples. On the other hand, the race of armament among the States, and continuing to create damaging weapons means that the whole humanity is waiting devastation, damaging and extinction. Therefore, it is necessary to create an International legal procedure that protects man's right to live regardless of the acts of the State, or whether it is accepted or rejected by other dominating States. For these reasons, we would recommend the following:
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