1,721,005 research outputs found
Human Rights and Unilateral Economic Sanctions: A New Perspective on a Twisted Relationship
No full textLiterature and practice outlining the relationship between human rights and unilateral economic sanctions veer in two opposite directions. One strand of literature advocates for sanctions to redress grave human rights violations. This position has been epitomised in the legislation allowing the imposition of economic sanctions for human rights violations occurring abroad (Magnitskystyle sanctions). The opposing voice criticises unilateral economic sanctions irrespective of their objectives and forms, mainly by emphasising their negative repercussions on the enjoyment of human rights. This position is officially adopted by the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights, and is reflected in numerous reports on the matter, which are traditionally supported by the most-sanctioned countries.
This contribution aims to explore perplexing and multifaceted relations between human rights and unilateral economic sanctions, an issue that is politically tainted, and which has been insufficiently analysed from a legal standpoint. Retreating from the clashes between these prevailing old, unworkable dichotomies, this contribution argues for a more nuanced portrayal of the subject matter
Human Security in Armed Conflict:Norms, Agendas and Actors for Protecting Civilians
No full textThis chapter examines the development, content and enforcement of international law for the protection of civilians in armed conflict. It argues that the protection of civilians has become increasingly legalised since the end of the Cold War. With wide acceptance that much of international human rights law applies during armed conflict, and the establishment of customary rules and jus cogens, there has been some increase in the level of obligation of states and other actors to comply with basic rules concerning the protection of civilians. Furthermore, clarification of who counts as a civilian, specification of particular sub-sets of the civilian population in need of protection, and prohibition of particular repertoires and techniques of violence have all served to increase the precision of the rules. Moreover, implementation has been increasingly delegated to third parties, as the UN Security Council, international and regional tribunals, and international nongovernmental organisations have all come to play an important role in the enforcement of these rules
The UN Committee on Economic, Social and Cultural Rights
No full textThis chapter will deal with the activities and achievements of one of the un human rights monitoring bodies, namely, the united nations committee on economic, social and cultural rights which was established to monitor implementation of the international covenant on economic, social and cultural rights. It will discuss the mandate and functioning of the committee, assess its achievements over the years, and in light of challenges ahead, discuss its future potential and limitations. As an approach, this chapter will apply an analysis and discussion of the output of the committee in terms of documents adopted. The committee has been active in making the covenant from a stepchild to full member of the un human rights family and strengthening the status of economic, social, and cultural rights as human rights. It has clarified the normative content of economic, social and cultural rights and relating obligations by using and applying ideas and suggestions from academic discourse. A dynamic interpretation of the covenant has been developed which emphasizes the key importance and relevance of economic, social, and cultural rights as touchstone for legislation, policy, and practice in societies in the north and the south. Especially through its general comments, and to a lesser extent its concluding observations, has the committee been able to explain and highlight that the protection of economic, social, and cultural rights is a key element of human dignity. However, the committee still has to deal with skeptic views of governments who question the legal nature of economic, social, and cultural rights as human rights.keywordseconomic, social, and cultural rightsinternational covenant on economic, social and cultural rightsun committee on economic, social and cultural rightsstate reportsgeneral commentsoptional protocoljusticiabilityviolationsextraterritorial human rights obligations
The UN Human Rights Treaty Bodies: Impact and Future
No full textThe United Nations human rights treaty bodies have, from modest beginnings, developed monitoring practices, particularly consideration of States Parties’ reports, individual complaints procedures, and inquiries, which cover a broad range of rights and issues. This development, in particular increasingly participatory procedures, has been lauded as an example of “human rights experimentalism.” The treaty bodies have thereby contributed to the interpretation of international human rights law, though not without some weaknesses, and to the protection of human rights, at least to some extent. While treaty bodies have undoubtedly become an integral part of the UN’s human rights system, they face considerable challenges in terms of their efficiency, effectiveness, and legitimacy. Their proliferation, and the consequent increase in the number of States Parties’ reports and cases, has prompted an ongoing review process. It calls into question the future of the system in its present form and entails that treaty bodies and their record will remain under close scrutiny. Treaty bodies will have to continue navigating conflicting demands and expectations from States Parties, within the United Nations, and civil society organizations. In a world where inequality, conflict, and instability are rife and the very notion of human rights is frequently sidelined if not criticized, treaty bodies face a considerable challenge to ensure effective monitoring and ultimately the protection of human rights. Combining a clear conceptual focus and attention to context with closer institutional alignment and holistic and effective forms of engagement will be critical in meeting this challenge
Global Human Rights Institutions : What Legitimacy? What Authority?
No full textThis chapter considers the legitimacy authority of global human rights institutions, the right to have the final say on a question of human rights. It shows how human rights was transformed from a moral code to a set of binding international law obligations in the aftermath of the 1960 Sharpeville Massacre, allowing a role for ‘Charter bodies’ and ‘Treaty bodies’ to monitor the human rights situations in states. The main Charter body is the United Nations Human Rights Council; the 9 core human rights treaties each have their own bespoke Treaty body, although these operate in similar ways. The work focuses on the interpretive authority of the Treaty bodies, which depends on the acceptance of that role by the states parties, a form of sociological legitimacy. This in turn relies on a recognition of their normative legitimacy, understood variously in terms of the Treaty bodies working within the constraints of the rules for interpretation in the Vienna Convention on the Law of Treaties (legitimacy as legality), the need to adopt a pro homine (‘in favour of the individual’) approach to interpretation (welfare enhancing, or output, legitimacy), the requirement to show the positions of the Treaty bodies are the result of their expert knowledge, following review of the states parties’ reports (epistemic legitimacy), and that Treaty bodies reach their conclusions in a considered manner (procedural legitimacy). The chapter concludes that the legitimacy authority of the Treaty bodies depends on their ability to persuade, not to command
Human (in)security in transnational migration, refugee situations and internal displacement
No full textThe field of international migration law is the result of a diverse and disperse set of norms and legal instruments emerging from overlapping fields. Against the existing normative background this chapter examines the relevance of adopting a human security approach to understanding the limitations of the standards and principles guiding migration within international law. It aims to expose how international law responds to the human insecurity of people on the move.
The chapter concludes that the nexus between migration and states’ control accentuates the tensions between sovereign rights and human rights, while it highlights the major challenges in terms of setting a framework to ensure migrants’ protection.Depto. de Relaciones Internacionales e Historia GlobalFac. de Ciencias Políticas y SociologíaTRUEpu
Human security in Europe: the European Union and beyond
No full textThis chapter explores Europe's contribution to human security thinking and practice. It argues that this contribution has to do with the distinctive character of the European Union (EU) as a global security actor and the emphasis on operationalising human security for 21st century conflicts and institutions. The chapter starts with a discussion of the first iteration of the human security concept developed for the EU, the principles and capabilities required for its implementation, and the extent to which these ideas and proposals have been diffused and embedded in European foreign policy. It then examines second-generation human security and its influence on the current security thinking and strategy of the EU. The chapter considers the role of the North Atlantic Treaty Organization (NATO) in shaping European ideas about human security and NATO's growing interest in human security, and concludes by highlighting key openings and obstacles for taking forward the human security agenda in Europe
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