This book explores recent developments pointing towards a ‘domestic institutionalisation of human rights’, composed of converging international trends prescribing the setting up of domestic institutions, and the need for a national ...
Author: Stéphanie Lagoutte
Category: Political Science
This book explores recent developments pointing towards a ‘domestic institutionalisation of human rights’, composed of converging international trends prescribing the setting up of domestic institutions, and the need for a national human rights systems approach. Building on new compliance theories, innovative arrangements have resolutely appeared around the turn of the millennium and some are now legally enshrined in human rights treaties. In their introduction, the editors capture these developments, their main elements and key points of debate. They outline a research agenda aimed at structuring and generating further attention from both academics and practitioners. As a stepping stone, the book singles out the purposeful attempt by the United Nations and others to frame these trends around the concept of ‘National Human Rights System’. The chapters assess various models and cases put forward for such systems. Each chapter highlights the specific forms of institutions being promoted and their intended domestic interactions, and discusses how these institutions are leveraged and strengthened by international bodies. Authors critically review their implications for the future of human rights, paving the way for additional research. The chapters in this book were originally published as a special issue of the Nordic Journal of Human Rights.
This book explores recent developments pointing towards a 'domestic institutionalisation of human rights', composed of converging international trends prescribing the setting up of domestic institutions, and the need for a national human ...
Continuing this experimentalist analysis of human rights advocacy, the third group which forms part of the dynamic ... 'The Domestic Institutionalisation of Human Rights: An Introduction', 37 Nordic Journal of Human Rights (2019) 165.
Author: Gráinne de Búrca
Publisher: Oxford University Press
In recent years, human rights have come under fire, with the rise of political illiberalism and the coming to power of populist authoritarian leaders in many parts of the world who contest and dismiss the idea of human rights. More surprisingly, scholars and public intellectuals, from both the progressive and the conservative side of the political spectrum, have also been deeply critical, dismissing human rights as flawed, inadequate, hegemonic, or overreaching. While acknowledging some of the shortcomings, this book presents an experimentalist account of international human rights law and practice and argues that the human rights movement remains a powerful and appealing one with widespread traction in many parts of the globe. Using three case studies to illuminate the importance and vibrancy of the movement around the world, the book argues that its potency and legitimacy rest on three main pillars: First, it is based on a deeply-rooted and widely appealing moral discourse that integrates the three universal values of human dignity, human welfare, and human freedom. Second, these values and their elaboration in international legal instruments have gained widespread - even if thin - agreement among states worldwide. Third, human rights law and practice is highly dynamic, with human rights being activated, shaped, and given meaning and impact through the on-going mobilization of affected individuals and groups, and through their iterative engagement with multiple domestic and international institutions and processes. The book offers an account of how the human rights movement has helped to promote human rights and positive social change, and argues that the challenges of the current era provide good reasons to reform, innovate, and strengthen that movement, rather than to abandon it or to herald its demise.
See S Jensen, S Lagoutte & S Lorion 'The domestic institutionalisation of human rights' (2019) 37(3) Nordic Journal of Human Rights 165. S Cardenas Conflict and compliance: state responses to international human rights pressure ...
Author: Frans Viljoen
Publisher: Pretoria University Law Press
About the publication This volume of essays, A life interrupted: essays in honour of the lives and legacies of Christof Heyns, honours Christof Heyns, renowned human rights lawyer, advocate, activist and educator, but also down-to-earth family man, friend and colleague. Christof’s sudden and most untimely passing on 28 March 2021 deeply saddened those close to him but also evinced an outpouring of grief from the national and international human rights community. His passing brought a deep sense of loss, in part because, at age 62, he was fully engaged in contributing to the betterment of society and still had so much more to give. His is a life interrupted. But at the same time, looking back over the varied lives he lived, he had already left his mark in so many ways. His influences and impacts are manifold and magical. This collection not only testifies to the legacy that he has left us, but also to the ongoing efforts of many to continue building on his legacy. This collection contains two sets of essays by family members, friends, colleagues, collaborators and students. Part A contains essays of a more reflective and personal nature, while the contributions in Part B link to the scholarly or academic themes Christof had worked on and explored, including international human rights systems, international law, the right to life, freedom of association, international humanitarian law, the impact of human rights treaties, constitutionalism and legal philosophy. However, a neat distinction between the personal and professional is not possible in respect of such a warm, generous and enthusiastic person as Christof. Most of the essays in Part A integrate some of Christof’s professional and academic achievements, while many of the essays in Part B also reflect on Christof as a person. The editors, all based at the Faculty of Law, UP, are colleagues and friends who worked closely with Christof. Frans Viljoen succeeded Christof as Director of the Centre for Human Rights. Christof was his doctoral supervisor, mentor and research collaborator. Charles Fombad worked with Christof at ICLA, and took over as ICLA Director after Christof’s passing. Dire Tladi, an ICLA fellow, had his office just across from Christof in ICLA. As member of the International Law Commission, he shared with Christof high level engagement with the UN. While Christof served on the Human Rights Committee, his colleague Ann Skelton serves on the Committee on the Rights of the Child. Magnus Killander worked closely with Christof as co-author and co-editor. Christof was also his doctoral supervisor. The publication date of this book is 10 January 2022, which is the date marking 63 years since Christof’s birth. The publisher is the Pretoria University Law Press (PULP), of which Christof was also a founder.
And I might add, human rights themselves. In the Australian context the domestic institutionalisation of international human rights standards (racial equality in this case) as they pertain to indigenous peoples is perhaps best ...
Author: Damien Short
Category: Social Science
In 1991 Australia instigated a national reconciliation project between indigenous and non-indigenous people. Despite being the longest-running reconciliation process, there has been no authoritative study of Australian reconciliation to date. Reconciliation and Colonial Power is the first book to analyze Australian reconciliation as a process, filling a significant gap in theoretical and empirical understanding. Damien Short offers a sociological interpretation of this process which suggests that, rather than being a genuine attempt at atonement, Australian reconciliation is perhaps better understood as the latest stage in the colonial project. He considers the relevance of acknowledgement and apology, restitution and rights, nation building and state legitimacy to the reconciliation project. This work compliments the burgeoning literature on reconciliation theory and practice and provides fertile material for comparisons with reconciliation processes in other countries such as Chile and South Africa.
In the “prescriptive status” a government takes steps to ratify the various international human rights conventions, including the optional protocols. The norms are subsequently institutionalised in the constitution and in domestic legal ...
Author: Giacomina De Bona
Category: Political Science
Since the end of the Cold War a democratic wave has swept through large parts of the world, propagating liberal values and giving impetus to the case for human rights in an international society. To date however, the promotion of human rights has presented a mixed account with some countries lagging behind others in terms of their observance. In an effort to account for these differences, this book analyzes the relationship between norms and the social construction of international society, and examines how human rights are promoted in that context. Focussing on Libya as a case study, Giacomina De Bona criticises the neo-realist approach by demonstrating the impact of international society on the advancement of human rights. Libya has related to the international environment in different ways over time, ranging from isolation to reconciliation and regime change, making it a particularly interesting example. This book is of particular relevance in light of the recent Arab Spring and raises the question as to whether the coercive imposition of the Western liberal model contributes to establishing respect for human rights in what continue to be the peripheral zones of international society.
Not only are ASEAN-member governments divided on key aspects of the objectives and modus operandi of the regional human rights body, but the process of establishing and reviewing AICHR has necessitated the domestic institutionalisation ...
Author: Thomas W.D. Davis
Publisher: Edward Elgar Publishing
Category: Political Science
Does the increasing prominence of Asia also mark a new era for human rights in the region? This timely book uncovers the political drivers behind both recent regional and country-based changes to the recognition, promotion, and protection of rights. Human Rights in Asia focuses on the relationships between political regimes, institutions and cultures, and external actors, such as international organisations, NGOs, and business. The contributing authors provide important discussions on Burma, Cambodia, China, India, Indonesia, Malaysia, Singapore, Thailand, and the Phillipines. Thematic chapters then go on to frame these individually focused contributions, by examining the international pressure to 'normalise' rights regimes, and the relationship between Islam and rights in the region. Providing a unique combination of country-specific and thematic analysis, this book will be a fascinating and beneficial read for postgraduate and undergraduate students in human rights and international relations, as well as scholars in politics, human rights, international relations and government and NGO analysts.
On human rights, the situation within China has not improved significantly between the 1990s and the 2010s and, ... The limited impact of institutionalisation on the EU–China relationship also directs our attention to the domestic ...
Author: Mario Telò
Category: Political Science
The China-EC/EU relationship, started in 1975, is a highly institutionalized, multidimensional and complex, but to some extent controversial international partnership. It is also challenged within the current unstable world. This book addresses the convergences and the differences (ideational, political, institutional and interests-related) between China and the EU by a collective interaction between Chinese and European scholars. Among other things the book assesses sectoral bilateral dialogue and focuses on the interplay between internal complexity and external policies, discusses ideational divergences in international law and rule of law and in many relevant policy fields. Furthermore, it compares sustainable growth policies; explores trade and investment controversies and negotiations, human rights dialogue; and addresses environment and climate change policies. This text will be of key interest to EU studies and politics, China studies and more broadly to area/Asian studies and international relations/global governance.
The partial integration of human rights into development assistance has implied an institutionalisation of human rights values, principles and specific rights as part of the domestic development of democratising and developing states.
Author: Stéphanie Lagoutte
Publisher: Martinus Nijhoff Publishers
Category: Political Science
Are human rights gaining or losing ground? This question has become relevant after two decades of unprecedented progress in developing human rights standards and institutions. The political climate during the Cold War created many obstacles, but the fall of the Berlin Wall in 1989 and its aftermath during the following decade created a sense of promise and progress among human rights scholars and actors. Yet, today, actions, statements and initiatives questioning the legitimacy and validity of human rights, or even threatening their very existence, have become a regular part of current political realities, even in states traditionally dedicated to the rule of law. This would have been inconceivable ten or twenty years ago. At the political level human rights are gaining as well as losing ground. The question of the adequacy, legitimacy and scope of human rights is still a live one. And weaknesses in supra-national human rights protection systems have emerged over the last twenty years. It is now clear that human rights mechanisms are not well adapted to the handling of the ever-increasing number of complaints or to the effective implementation of human rights. This thought-provoking collection of essays by leading scholars and practitioners in the field of human rights explores the ways in which human rights are currently being challenged and weakened, but also strengthened in important and groundbreaking ways in different areas and settings. They explore the many current debates which centre on human rights concerns: debates about secularism and religious norms, about minimum social standards and social security, about the future regulation of citizenship, about prison reform and theuse of less inhumane methods of detention; as well as the reform of the UN system and the challenges facing the now overburdened European Court of Human Rights.