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Author: Anne Bayefsky Publisher: BRILL ISBN: 9004482032 Category : Law Languages : en Pages : 831
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.
Author: Rachel Murray Publisher: OUP Oxford ISBN: 0191029742 Category : Law Languages : en Pages : 262
Book Description
The Optional Protocol to the UN Convention Against Torture (OPCAT) establishes an independent international monitoring committee (SPT) which itself will visit states and places where persons are deprived of their liberty. It also requires states to set up independent national bodies to visit places of detention. This book, drawing upon events held and interviews with governments, civil society, members of UN treaty bodies, national visiting bodies and others, identifies key factors that have shaped the operation of these visiting bodies since OPCAT came into force in 2006. It looks in detail at the background to the adoption of the Protocol, as well as how the international committee, the SPT, has carried out its mandate in its first few years. It examines the range of places of detention that could be visited by these bodies, and the expectations placed on the national visiting bodies themselves. The book also places the OPCAT within the broader system of torture prevention in the UN and elsewhere and identifies a range of trends arising from the different geographical regions. As well as providing an insight into its work, this detailed examination of OPCAT also provides valuable lessons for other new human rights treaties such as the UN Convention on the Rights of Persons with Disabilities and the Convention on Enforced Disappearances, which have similar provisions concerning national mechanisms.
Author: Philip Alston Publisher: Cambridge University Press ISBN: 9780521645744 Category : Law Languages : en Pages : 604
Book Description
Every state in the world has undertaken human rights obligations on the basis of UN treaties. Today's challenge is to enhance the effectiveness of procedures and institutions established to promote the accountability of governments. The six treaty bodies that monitor and evaluate state policies and practices play a vital role, but the whole system has been stretched almost to breaking point. It is under-funded, many governments fail to report or do so very late or superficially, there is a growing backlog of individual complaints, broad reservations have been lodged by many states, and the expertise of committee members has been questioned. This volume contains detailed analyses of the strengths and weaknesses of the system, written by leading participants in the work of the treaty bodies. Their recommendations provide a blueprint for far-reaching reform of a system of major importance for the future of international efforts to protect human rights.
Author: Wouter Vandenhole Publisher: Intersentia nv ISBN: 9050953980 Category : Actions and defenses Languages : en Pages : 352
Book Description
"The first ideas ... originated from a conference held in Utrecht on ... the 35th anniversary of the two 1966 Covenants, the Covenant on Civil and Political Rights and the Covenant on Economic, Social and Cultural Rights."--Foreword.
Author: Suzanne Egan Publisher: Bloomsbury Professional ISBN: 9781847661098 Category : Law Languages : en Pages : 550
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: Wouter Vandenhole Publisher: Intersentia nv ISBN: 9050955002 Category : Actions and defenses Languages : en Pages : 308
Book Description
As part of a larger research project on harmonisation and convergence among UN human rights treaty bodies, scrutinises convergence and divergence, communality, and related issues. Focuses on five Committees: The Convention on the Elimination of All Forms of Racial Discrimination (CERD), the Human Rights Committee (HRC), the International Covenant on Economics, Social and Cultural Rights (CESCR), the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW), and the Convention on the Rights of the Child (CRC).
Author: Publisher: ISBN: Category : Law Languages : en Pages : 344
Book Description
This publication reproduces the Universal Declaration of Human Rights, and the nine core international human rights treaties and their optional protocols in a user-friendly format to make them more accessible, in particular to government officials, civil society, human rights defenders, legal practitioners, scholars, individual citizens and others with an interest in human rights norms and standards.
Author: Nienke Grossman Publisher: Cambridge University Press ISBN: 1108540228 Category : Law Languages : en Pages : 397
Book Description
One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.
Author: Leena Grover
Author: Leena Grover
Author: Anne Bayefsky
Author: Rachel Murray
Author: Philip Alston
Author: Wouter Vandenhole
Author: Suzanne Egan
Author: Wouter Vandenhole
Author: 
Author: Anne Bayefsky
Author: Nienke Grossman