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Author: James Gomez Publisher: Springer Nature ISBN: 9811510741 Category : Political Science Languages : en Pages : 312
Book Description
This book reviews Southeast Asia’s National Human Rights Institutions (NHRIs) as part of an emerging assessment of a nascent regional human rights architecture that is facing significant challenges in protecting human rights. The book asks, can NHRIs overcome its weaknesses and provide protection, including remedies, to victims of human rights abuses? Assessing NHRIs’ capacity to do so is vital as the future of human rights protection lies at the national level, and other parts of the architecture—the ASEAN Intergovernmental Commission on Human Rights (AICHR), and the international mechanism of the Universal Periodic Review (UPR)—though helpful, also have their limitations. The critical question the book addresses is whether NHRIs individually or collaboratively provide protection of fundamental human rights. The body of work offered in this book showcases the progress of the NHRIs in Southeast Asia where they also act as a barometer for the fluid political climate of their respective countries. Specifically, the book examines the NHRIs’ capacity to provide protection, notably through the pursuit of quasi-judicial functions, and concludes that this function has either been eroded due to political developments post-establishment or has not been included in the first place. The book’s findings point to the need for NHRIs to increase their effectiveness in the protection of human rights and invites readers and stakeholders to find ways of addressing this gap.
Author: James Gomez Publisher: Springer Nature ISBN: 9811510741 Category : Political Science Languages : en Pages : 312
Book Description
This book reviews Southeast Asia’s National Human Rights Institutions (NHRIs) as part of an emerging assessment of a nascent regional human rights architecture that is facing significant challenges in protecting human rights. The book asks, can NHRIs overcome its weaknesses and provide protection, including remedies, to victims of human rights abuses? Assessing NHRIs’ capacity to do so is vital as the future of human rights protection lies at the national level, and other parts of the architecture—the ASEAN Intergovernmental Commission on Human Rights (AICHR), and the international mechanism of the Universal Periodic Review (UPR)—though helpful, also have their limitations. The critical question the book addresses is whether NHRIs individually or collaboratively provide protection of fundamental human rights. The body of work offered in this book showcases the progress of the NHRIs in Southeast Asia where they also act as a barometer for the fluid political climate of their respective countries. Specifically, the book examines the NHRIs’ capacity to provide protection, notably through the pursuit of quasi-judicial functions, and concludes that this function has either been eroded due to political developments post-establishment or has not been included in the first place. The book’s findings point to the need for NHRIs to increase their effectiveness in the protection of human rights and invites readers and stakeholders to find ways of addressing this gap.
Author: Hao Duy Phan Publisher: Martinus Nijhoff Publishers ISBN: 9004222170 Category : Law Languages : en Pages : 288
Book Description
This book proposes a selective approach for states with more advanced human rights protection to establish a human rights court for Southeast Asia. It argues the inclusive approach currently employed by ASEAN to set up a human rights body covering all member states cannot produce a strong regional human rights mechanism. The mosaic of Southeast Asia reveals great diversity and high complexity in political regimes, human rights practice and participation by regional states in the global legal human rights framework. Cooperation among ASEAN members to protect and promote human rights remains limited. The time-honored principle of non-interference and the “ASEAN Way” still predominate in relations within ASEAN. These factors combine to explain why the ASEAN Intergovernmental Commission on Human Rights is unlikely to be strong and effective in changing and promoting regional human rights protection. This book suggests a selective approach to establish a human rights court for Southeast Asia. It posits that a group of nations within Southeast Asia may be more willing to consider the possibility of a stronger human rights mechanism. It investigates the challenges to and the feasibility of such a proposal. Furthermore, it examines the design of the three existing regional human rights courts in Europe, the Americas, and Africa, and compares the rationales for those institutional designs with the specific context of Southeast Asia. A human rights court for all ASEAN members may not be possible at this time, but a court for some nations in the region is feasible and worth exploring. The path towards this goal is never an easy one; however, the region possesses the necessary conditions to gradually translate that goal into reality.
Author: Hsien-Li Tan Publisher: Cambridge University Press ISBN: 113950469X Category : Political Science Languages : en Pages : 323
Book Description
This assessment of progress in Southeast Asia on human rights begins in the wake of the 'Asian values' debate and culminates in the formal regional institutionalisation of the ASEAN Intergovernmental Commission on Human Rights (AICHR). Chapters examine the arduous negotiation of AICHR, the evolving relationship between ASEAN states' and the international human rights system, and the historical and experiential reasons for hesitancy. The text concludes with a discussion of how the evolving right to development impacts upon AICHR and international human rights in general, and how their preference for economic, social and development rights could help ASEAN states shape the debate.
Author: Alison Duxbury Publisher: Cambridge University Press ISBN: 1108465900 Category : Law Languages : en Pages : 431
Book Description
Critically examines ASEAN's human rights system in the context of Southeast Asian political-legal developments and the global human rights discourse
Author: Catherine Renshaw Publisher: University of Pennsylvania Press ISBN: 0812251032 Category : Political Science Languages : en Pages : 256
Book Description
In Human Rights and Participatory Politics in Southeast Asia, Catherine Renshaw recounts an extraordinary period of human rights institution-building in Southeast Asia. She begins her account in 2007, when the ten members of the Association of Southeast Asian Nations (ASEAN) signed the ASEAN charter, committing members for the first time to principles of human rights, democracy, and the rule of law. In 2009, the ASEAN Intergovernmental Commission on Human Rights was established with a mandate to uphold internationally recognized human rights standards. In 2013, the ASEAN Human Rights Declaration was adopted as a framework for human rights cooperation in the region and a mechanisim for ASEAN community building. Renshaw explains why these developments emerged when they did and assesses the impact of these institutions in the first decade of their existence. In her examination of ASEAN, Renshaw asks how human rights can be implemented in and between states that are politically diverse—Vietnam and Laos are Communist; Brunei Darussalam is an Islamic sultanate; Myanmar is in transition from a military dictatorship; the Philippines and Indonesia are established multiparty democracies; while the remaining members are less easily defined. Renshaw cautions that ASEAN is limited in its ability to shape the practices of its members because it lacks a preponderance of democratic states. However, she concludes that, in the absence of a global legalized human rights order, the most significant practical advancements in the promotion of human rights have emerged from regional institutions such as the ASEAN.
Author: Fernand de Varennes Publisher: Routledge ISBN: 1317518195 Category : Law Languages : en Pages : 362
Book Description
The Routledge Handbook of Human Rights in Asia provides a rich study of human rights challenges facing some of the most vulnerable people in Asia. While formal accession to core international human rights instruments is commonplace across the region, the realisation of human rights for many remains elusive as development pressure, violent conflict, limited political will and discrimination maintain human rights volatility. This Handbook explores the underlying causes of human rights abuse in a range of contexts, considers lessons learnt from global, regional and domestic initiatives and provides recommendations and justifications for reform. Comprising 23 chapters, it examines the strengths and weaknesses of human rights institutions in Asia and covers issues such as: Participation, marginalisation, detention and exclusion Private sector responsibility and security Conflict and post-conflict rehabilitation Trafficking, displacement and citizenship Ageing populations, identity and sexuality. Drawing together a remarkable collection of leading and emerging scholars, advisers and practitioners, this Handbook is essential reading for students, scholars, policy makers and advocates of human rights in Asia and the world.
Author: Philip J. Eldridge Publisher: Routledge ISBN: 1134611412 Category : Social Science Languages : en Pages : 326
Book Description
The divide between the West and Southeast Asia seems to be nowhere more apparent than in debates about human rights. Within these diverse geographical, political and cultural climates, human rights seem to have become relative, and the quest for absolutes seems unattainable. In this new book Philip J Eldridge seeks to question this stalemate. He argues that the Association of Southeast Asian Nations' inclusion in United Nations' human rights treaties could be the common ground that bridges the gap between East and West. Eldridge uses topical case studies and primary research from Malaysia, Indonesia, East Timor and Australia, to compare the effectiveness of United Nations' human rights directives on local democracies. This study presents insightful research into a hotly debated topic. As such it will be a thought-provoking resource for students of human rights, politics and international relations.
Author: Ryan Goodman Publisher: Cambridge University Press ISBN: 1139504223 Category : Political Science Languages : en Pages : 365
Book Description
National Human Rights Institutions (NHRIs) – human rights commissions and ombudsmen – have gained recognition as a possible missing link in the transmission and implementation of international human rights norms at the domestic level. They are also increasingly accepted as important participants in global and regional forums where international norms are produced. By collecting innovative work from experts spanning international law, political science, sociology and human rights practice, this book critically examines the significance of this relatively new class of organizations. It focuses, in particular, on the prospects of these institutions to effectuate state compliance and social change. Consideration is given to the role of NHRIs in delegitimizing – though sometimes legitimizing – governments' poor human rights records and in mobilizing – though sometimes demobilizing – civil society actors. The volume underscores the broader implications of such cross-cutting research for scholarship and practice in the fields of human rights and global affairs in general.
Author: Brian Burdekin Publisher: BRILL ISBN: 9047410742 Category : Law Languages : en Pages : 572
Book Description
The purpose of this book is to provide a consolidated collection of materials to facilitate comparison of the various national human rights institutions (NHRIs) already established in the Asia-Pacific region, against a background of selected international materials and with the assistance of several comparative tables. The latter are not intended to be exhaustive, but are designed to assist in identifying and considering the strengths and weaknesses inherent in the legislative mandates of each national institution. While the collection is primarily intended for teaching purposes, it should also be useful to countries considering establishing a national human rights commission or, for those which have already done so, strengthening its mandate. For this reason several sections have been included outlining the relationship which should exist between NHRIs, the Executive, the Legislature, the Judiciary and other related institutions and a short section on the importance of the process which should precede their establishment.
Author: James Gomez
Author: James Gomez
Author: Hao Duy Phan
Author: Hsien-Li Tan
Author: Alison Duxbury
Author: Tae-Ung Baik
Author: Catherine Renshaw
Author: Fernand de Varennes
Author: Philip J. Eldridge
Author: Ryan Goodman
Author: Brian Burdekin