The Impact Of The United Nations Human Rights Treaties On The Domestic Level


The Impact Of The United Nations Human Rights Treaties On The Domestic Level
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The Impact Of The United Nations Human Rights Treaties On The Domestic Level


The Impact Of The United Nations Human Rights Treaties On The Domestic Level
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Author : Christof Heyns
language : en
Publisher: BRILL
Release Date : 2021-08-04

The Impact Of The United Nations Human Rights Treaties On The Domestic Level written by Christof Heyns and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-04 with Law categories.


The six main United Nations human rights treaties enjoy almost universal ratification today. Almost 80 per cent of the possible ratifications have been made, and every Member State of the UN has ratified at least one of these treaties. The nearly universal acceptance of the treaties on the formal level, however, does not automatically translate into the norms contained in these documents being made a reality in the lives of the billions of people living in these countries. The treaty system is notoriously weak in terms of international enforcement, and there is a general suspicion that it has had little impact at the domestic level. Mechanisms to improve the international enforcement mechanisms of the six main treaties have been a topic of discussion and research for many years, but the domestic impact of the treaties has never been investigated in a systematic and comprehensive manner. This book constitutes the most ambitious attempt so far to establish the impact of the treaties at the domestic level. The following treaties in 20 United Nations Member States are investigated: the Convention on the Elimination of All Forms of Racial Discrimination, the Covenant on Economic, Social, and Cultural Rights, the Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, the Convention Against Torture, and the Convention on the Rights of the Child. This book reflects the findings of 20 researchers, based in the countries investigated, under the leadership of Professors Christof Heyns and Frans Viljoen of the Centre for Human Rights, University of Pretoria, in a study done in co-operation with the United Nations High Commissioner for Human Rights. The influence of the treaties in each of the 20 countries is investigated in respect of its influence on the continuation, legislation, court cases, policies and practices, and the impact of the treaty system in civil society. In an overview chapter by the study leaders based on a comparison of the available data, common trends and patterns are identified, and recommendations about reforms on the national and international level are made. This is a book that should be read by all those interested in the development of the international human rights system.



The Impact Of The United Nations Human Rights Treaties On The Domestic Level Twenty Years On


The Impact Of The United Nations Human Rights Treaties On The Domestic Level Twenty Years On
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Author : Christof Heyns
language : en
Publisher: BRILL
Release Date : 2024-02-19

The Impact Of The United Nations Human Rights Treaties On The Domestic Level Twenty Years On written by Christof Heyns and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-19 with Law categories.


This collection of chapters tracks and explains the impact of the nine core United Nations human rights treaties in 20 selected countries, four from each of the five UN regions. Researchers based in each of these countries were responsible for the chapters, in which they assess the influence of the treaties and treaty body recommendations on legislation, policies, court decisions and practices. By covering the 20 years between July 1999 and June 2019, this book updates a study done 20 years ago.



Legal Responses To Religious Difference


Legal Responses To Religious Difference
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Author : Peter Edge
language : en
Publisher: Springer
Release Date : 2001-11-28

Legal Responses To Religious Difference written by Peter Edge and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-11-28 with Law categories.


OVERVIEW OF STUDY RESULT



The Un Human Rights Treaty System


The Un Human Rights Treaty System
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Author : Anne Bayefsky
language : en
Publisher: BRILL
Release Date : 2021-10-18

The Un Human Rights Treaty System written by Anne Bayefsky and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-18 with Law categories.


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.



The Un Human Rights Treaty System


The Un Human Rights Treaty System
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Author : Suzanne Egan
language : en
Publisher: Bloomsbury Professional
Release Date : 2011-07-31

The Un Human Rights Treaty System written by Suzanne Egan and has been published by Bloomsbury Professional this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-31 with Law categories.


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.



Un Human Rights Treaty Bodies


Un Human Rights Treaty Bodies
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Author : Leena Grover
language : en
Publisher: Cambridge University Press
Release Date : 2012-04-16

Un Human Rights Treaty Bodies written by Leena Grover and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-16 with Law categories.


An analysis of the UN human rights treaty bodies, their methods of interpretation, their effectiveness and issues of legitimacy.



The Future Of Un Human Rights Treaty Monitoring


The Future Of Un Human Rights Treaty Monitoring
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Author : Philip Alston
language : en
Publisher: Cambridge University Press
Release Date : 2000-05-11

The Future Of Un Human Rights Treaty Monitoring written by Philip Alston and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-05-11 with Law categories.


E: Looking at the future.



The Law Of International Human Rights Protection


The Law Of International Human Rights Protection
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Author : Walter Kälin
language : en
Publisher: OUP Oxford
Release Date : 2009-06-18

The Law Of International Human Rights Protection written by Walter Kälin and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-18 with Political Science categories.


Human rights are invoked on many occasions. But are they more than lofty values and abstract principles? In providing a concise but comprehensive overview of international human rights protection at the global and regional levels, this book offers an introduction to the ideas, conceptual underpinnings, and doctrine of international human rights law including the sources, legal nature, and scope of application of human rights obligations. The issues of implementation and enforceability at the domestic, regional, and universal level are explored, and the impact of the recently established Human Rights Council is assessed. The substantive guarantees covering economic, social, and cultural as well as civil and political rights based on the case law of UN treaty bodies and relevant regional courts are evaluated. This book shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them. It explores the various mechanisms set up by the international community to monitor the implementation of human rights guarantees and to decide individual cases brought to the attention of human rights courts and quasi-judicial bodies at the international level. Its last part contains a detailed exploration of the meanings of human rights guarantees, such as the right to life, the prohibition of torture, non-discrimination, economic rights, and many others.



The New Core International Human Rights Treaties


The New Core International Human Rights Treaties
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Author : United Nations. Office of the High Commissioner for Human Rights
language : en
Publisher: United Nations Publications
Release Date : 2007

The New Core International Human Rights Treaties written by United Nations. Office of the High Commissioner for Human Rights and has been published by United Nations Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.


This publication contains the text of the following recent human rights treaties in a user-friendly format: the Convention on the Rights of Persons with Disabilities and its Optional Protocol; and the International Convention for the Protection of all Persons from Enforced Disappearance. It complements the Core International Human Rights Treaties (2006, ISBN 9789211541663) also published by the Office of the United Nations High Commissioner for Human Rights.



The Un Human Rights Treaty System In The 21 Century


The Un Human Rights Treaty System In The 21 Century
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Author : Anne Bayefsky
language : en
Publisher: BRILL
Release Date : 2021-12-28

The Un Human Rights Treaty System In The 21 Century written by Anne Bayefsky and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-28 with Law categories.


Every United Nations member state is part of the human rights treaty system through the ratification of at least one of the six major human rights treaties, rendering universal participation a reality. For human rights victims, the treaty system is of central importance because international legal standards may offer benefits which political fora may not: the potential to generate remedies, attention, accessiblity. At the same time, the implementation mechanisms associated with the human rights treaties were designed at a time when the argument that international interest in human rights was an interference in domestic jurisdiction was at its peak. The challenge for the 21st Century is to move the theory of universality of international human rights standards towards effective implementation of human rights obligations. This book is a major contribution to the effort to focus attention on effective implementation of the human rights treaties. The contributors examine the major implementation shortfalls of the UN human rights treaty system, and offer concrete recommendations as to where future implementations efforts should be placed. The contributors are in a unique position to formulate and share their insights. They are drawn from among all of the constituencies involved in the human rights treaty system: the treaty bodies themselves, the NGO community, the UN secretariat, regional human rights regimes, UN agencies, UN human rights actors from the Human Rights Commission, the judiciary and academia. The book also includes, as a unique resource, all of the major documents concerning the UN human rights treaty system: the text of the treaties, the text of all amendments, statistics on individual communications to the treaty bodies, the text of all meetings of the chairpersons of the treaty bodies, reports and commentaries submitted to the UN Human Rights Commission, recent resolutions of the Human Rights Commission and the General Assembly on the human rights treaties, reform proposals by the International Law Association, regional human rights instruments. In the words of Philip Alston, the author of the UN report on enhancing the long-term effectiveness of the UN human rights treaty system, Professor Bayefsky's work `...has been more systematic and comprehensive, and has continued over a longer period of time, than any other comparable sholarly work on the subject.' (March 2000) In this volume Professor Bayefsky has collected the views of a range of authors immersed in the contribution and welfare of the UN human rights treaty system in the 21st century. It is necessary text for all those interested in the future of the international protection of human rights.