African Leadership in Human Rights: The Gambia and The Commonwealth Human Rights Commission, 1977–83

2020 ◽  
pp. 002200942091106
Author(s):  
James Kirby

This article examines The Gambia’s campaign from 1977-83 for a new international mechanism to protect human rights in the Commonwealth of Nations. President Dawda Jawara’s crusade for a Commonwealth Human Rights Commission complicates the dominant scholarly interpretation of human rights history, which tends to dismiss or overlook African participation in the international human rights movement. The article explains The Gambia’s display of human rights idealism as a strategy to attract aid and legitimacy in the global arena. It also shows how The Gambia’s project was thwarted by the ‘Old Commonwealth’, including the United Kingdom, Australia, New Zealand, and Canada. Western member states worked together to surreptitiously weaken and defeat The Gambia’s initiative, while deflecting blame and counting on ‘New Commonwealth’ governments in Africa, Asia, the Caribbean, and the Pacific to play the role of antagonist. Overall, the article contends the Commonwealth Human Rights Commission was killed because it threatened illusions and assumptions about the human rights movement that were convenient for western powers. With the use of archival sources from the UK, Canada, Australia, and New Zealand, this article spotlights the need for a more nuanced understanding of African and Global South actors in human rights history.

2014 ◽  
Vol 10 (4) ◽  
Author(s):  
Tom Hickman

The process of capturing and entrenching fundamental rights remains very much a live one in both New Zealand and the United Kingdom. In both countries there is pressure to move on from the current bill of rights legislation: the UK Human Rights Act 1998 (HRA) and the New Zealand Bill of Rights Act 1990 (NZBORA). While the two jurisdictions are subject to quite different political and cultural pressures, there remains a great deal of scope for exchange of ideas and experiences. 


2016 ◽  
Vol 12 (2) ◽  
pp. 115-140
Author(s):  
Rebecca Scott Bray ◽  
Greg Martin

AbstractDeath investigation and coronial practices have undergone significant social, political and legal scrutiny in recent years. A wave of coronial reform has occurred across jurisdictions, including in the United Kingdom (UK), Australia, Canada and New Zealand, with a concomitant focus on the adequacy of death investigation law and policy. Taking key coronial developments in the UK and Australia as its starting point, this paper explores a legal jurisdiction undergoing immense legal and policy reform to illustrate why coronial law and practice is of increasing scholarly interest. It begins by tracing the contentious landscape of UK coronial law reform, which has also resonated internationally, thereafter examining key controversies that refocused attention on the value of the jurisdiction, before discussing contemporary coronial issues including, publicity, human rights and death prevention.


Itinerario ◽  
2014 ◽  
Vol 38 (3) ◽  
pp. 45-58
Author(s):  
John Connor

On the outbreak of war, men from the Dominions were scattered across the British Empire. As each Dominion began recruiting their expeditionary forces at home, the issue arose whether these expatriates, especially those resident in the United Kingdom, should join the British Army or be able to enlist in their Dominion's force. Canada and New Zealand allowed recruiting for the CEF and NZEF in the UK. Many Anglophone White South Africans joined a “colonial” battalion of the Royal Fusiliers. The Australian Government refused to allow Australians in the UK to join the AIF, despite the repeated requests of the Australian expatriate community. This paper examines the questions of British and sub-Imperial Dominion identities as well as the practical policy considerations raised by this issue. It argues that there is some evidence of nascent Dominion nationalism—the Canadian High Commission in London issued what became known as “a Certificate of Canadian Citizenship” to expatriates— but that Dominion Governments generally based their decisions on this issue based on cost and domestic political considerations.


2000 ◽  
Vol 34 (1) ◽  
pp. 33-58 ◽  
Author(s):  
Rainer Winkelmann

Ever since New Zealand became a British colony in 1840, it has attracted considerable numbers of European migrants. In the 1996 Population Census, 80 percent of the 3.6 million New Zealand residents claim European ethnic descent. While European immigration always has been, and continues to be, dominated by the UK, some noticeable Dutch immigration took place since 1950. Beginning in the 1960s, the overall share of European migration started a downward trend, with more and more immigrants arriving from the Pacific Islands and Asia.


2019 ◽  
Vol 68 (2) ◽  
pp. 477-494
Author(s):  
Bríd Ní Ghráinne ◽  
Aisling McMahon

AbstractOn 7 June 2018, the Supreme Court of the United Kingdom (UKSCt) issued its decision on, inter alia, whether Northern Ireland's near-total abortion ban was compatible with the European Convention of Human Rights (ECHR). This article critically assesses the UKSC's treatment of international law in this case. It argues that the UKSCt was justified in finding that Northern Ireland's ban on abortion in cases of rape, incest, and FFA was a violation of Article 8, but that the majority erred in its assessment of Article 3 ECHR and of the relevance of international law more generally.


2001 ◽  
Vol 8 (3) ◽  
pp. 223-233 ◽  
Author(s):  
Jean McHale ◽  
Ann Gallagher ◽  
Isobel Mason

In this article we consider some of the implications of the UK Human Rights Act 1998 for nurses in practice. The Act has implications for all aspects of social life in Britain, particularly for health care. We provide an introduction to the discourse of rights in health care and discuss some aspects of four articles from the Act. The reciprocal relationship between rights and obligations prompted us to consider also the relationship between guidelines in the United Kingdom Central Council’s Code of professional conduct and the requirements of the Human Rights Act 1998. We conclude with the recommendation that the new legislation should be welcomed for its potential to support good practice and to urge critical and reflective practice rather than as yet another burdensome bureaucratic imposition.


2016 ◽  
Vol 42 (4) ◽  
pp. 390-410 ◽  
Author(s):  
Richard A. Bernardi ◽  
Taylor L. Delande ◽  
Kimberly A. Zamojcin

Purpose – The purpose of this paper is to examine the trends in accounting-education publications and the influence of journal rankings for authors from Australia, Canada, New Zealand and the UK. Design/methodology/approach – The authors included the publications in ten accounting-education journals for the 20-year period from 1993 to 2012. Findings – The data provide insights into the perceptions of accounting-education journals by authors from four countries. The authors found that, while the use of Accounting Education as a publication outlet for accounting authors from Australia and the UK was relatively stable, the use of Accounting Education as a publication outlet increased (decreased) for the accounting authors from New Zealand (Canada). The authors also found that, while coauthoring by the accounting authors from Australia and the UK increased slightly, coauthoring by the accounting authors from Canada and New Zealand increased during the 20-year period. Research limitations/implications – The data suggests a tendency by the authors from these four countries to publish their accounting-education research in journals that had been ranked as a top accounting journal. Originality/value – This paper is the first paper to consider trends in international accounting-education publications. The data in this research can be used by accounting faculty wishing to assess which journals their colleagues publish in most frequently.


Author(s):  
David Bathgate

Purpose There is growing awareness in New Zealand (NZ) of the impact that Autistic Spectrum Disorder (ASD) has on individuals and their families and the ability to engage in health services. Although it is a relatively rare condition, approximately 1 per cent of the population will have ASD, directly affecting approximately 40,000 individuals in NZ. The purpose of this paper is to provide some reflections and questions on what we can learn from a NZ perspective. This is based on an overview of the limited literature around ASD and offending and the author’s experience in the UK working in a medium secure unit. Design/methodology/approach Through a past site visit as part of the annual international conference on the Care and Treatment of Offenders with an Intellectual and/or Developmental Disability in the United Kingdom (UK), the author became aware of the medium secure forensic unit for male patients with ASD at the Roseberry Park Hospital (UK’s Tees, Esk and Wear Valleys NHS Foundation Trust). During the author’s advanced training in forensic psychiatry with the Royal Australian and New Zealand College of Psychiatrists the author was privileged to be able to apply and be accepted for a four-month sabbatical training position at this hospital. Findings Outlined is background information about ASD and review findings from the limited literature on ASD and offending. Also outlined is the author’s learning as a trainee working in medium secure unit for people with ASD who have offended, and finally how this experience may help in the development of services in NZ, given that at this stage such services are under-developed. Originality/value To be able to share the valuable experience and learning opportunity the author was able to have, as well as raise the awareness of ASD generally, and specifically the need for specialist services for the small number of people with ASD who come into contact with Justice Services.


2014 ◽  
Vol 43 ◽  
pp. 317-368
Author(s):  
Karen Morrow

The European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) (ECHR) regime has, in the absence of specific coverage of environmental rights, developed a “creative” approach in its jurisprudence in this area, pressing a variety of other rights, notably: Article 6 (the right to a fair hearing); Article 8 (the right to privacy and family life); and Article 1 to the First Protocol of the ECHR (the right to enjoyment of property) into service. This creativity has achieved much in according indirect protection to individuals in this regard, but has also placed additional pressure on the already congested Convention system. The entry into force of the Human Rights Act 1998 (HRA) made long-held rights under the ECHR directly accessible in domestic law in the United Kingdom. This naturally spawned a wave of litigation. One of the most prominently litigated areas concerned the pursuit of a variety of environment-based rights claims. In the intervening decade, the application of the ECHR to environmental claims in the UK courts has generated somewhat mixed results. This is in part a result of the “patchwork” approach that has developed toward environmental claims within the Convention regime itself, but it is also a product of the nature of the relationship between the ECHR and domestic law and the content and ethos of both regimes. This article will conclude by briefly considering the on-going role of the ECHR regime in environmental cases in light of subsequent developments in this area of law, notably under the Aarhus Convention.


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