A convenção internacional para a proteção de todas as pessoas contra o desaparecimento forçado e seus impactos no Brasil

Resumo: No presente texto teve-se como objetivo analisar os principais impactos que a Convenção Internacional para a Proteção de Todas as Pessoas contra o Desaparecimento Forçado (2006), ratificada e recentemente internalizada pelo Brasil no ano 2016, pode produzir no País. A discussão do tema justifica-se pela relevância da temática no plano internacional (global e regional) e também em razão das obrigações que esse tratado internacional de direitos humanos impõe aos seus Estados-Partes, entre eles o Brasil. Primeiramente no trabalho analisa-se brevemente o processo de elaboração da Convenção, sua estrutura e principais aspectos; em seguida aborda-se a definição de desaparecimento forçado por ela trazida; trata do desaparecimento forçado de pessoas como múltiplas e contínuas violações de direitos humanos e como um crime internacional que, em determinadas circunstâncias, será configurado como crime de lesa-humanidade. Por fim, o texto aborda as implicações internacionais e domésticas desse tratado para o Estado brasileiro. Para o alcance dos resultados pretendidos, na presente pesquisa é empregado o método dedutivo, lançando-se mão de sólida fundamentação teórica, pautada em pesquisa à doutrina autorizada, tanto de índole nacional quanto internacional, bem como em consultas às jurisprudências brasileira e internacional sobre o tema analisado e outros correlatos, visando a uma adequada formulação, desenvolvimento e conclusão dos pontos a serem desenvolvidos.Palavras-chave: Convenção Internacional. Desaparecimento forçado. Direitos humanos. Impactos. Brasil. Abstract: The present text aimed to analyze the main impacts that the International Convention for the Protection of All Persons from Forced Disappearance (2006), ratified and recently internalized by Brazil in 2016, can produce in the country. The discussion of the theme is justified by the relevance of the theme at the international level (global and regional) and also because of the obligations that this international human rights treaty imposes on its States Parties, among them Brazil. First, the work briefly analyzes the process of elaboration of the Convention, its structure and main aspects; and then addresses the definition of enforced disappearance brought by it; addresses the forced disappearance of persons as multiple and continuing violations of human rights and as an international crime which, in certain circumstances, will be construed as a crime against humanity; and, finally, it addresses the international and domestic implications of this treaty for the Brazilian state. In order to reach the desired results, in the present research it is used the deductive method, using a solid theoretical foundation, based on research to the authorized doctrine, both national and international, as well as in consultations to the Brazilian and the international jurisprudences on the theme analyzed and other correlates, aiming at an adequate formulation, development and conclusion of the points to be developed.Keywords: International treaties. Enforced disappearance. Human rights. Impacts. Brazil.

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The International Convention for the Protection of All Persons from Enforced Disappearance, as a Victim-Oriented Treaty

10.1093/oso/9780190272654.003.0004 ◽

2018 ◽

Author(s):

Emmanuel Decaux

Keyword(s):

Human Rights ◽

Precise Definition ◽

Crimes Against Humanity ◽

International Human Rights ◽

International Convention ◽

International Human ◽

Definition Of ◽

The Right

The chapter is a presentation of the newest international human rights treaty, which entered into force in 2010. It is a very innovative and modern instrument, with a precise definition of the victim of a crime of enforced disappearance, as an autonomous crime, and a broad codification of the ‘right to truth, to justice and to reparation’ enshrined in article 24 of the treaty. As the ILC is working on the draft of an international convention for the prevention of crimes against humanity, it is important to avoid watering down the key legal progress enshrined in the International Convention for the Protection of All Persons from Enforced Disappearance.

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The Protection of the Rights of Migrant Workers: Unfinished Business

Asian and Pacific Migration Journal ◽

10.1177/011719689300200204 ◽

1993 ◽

Vol 2 (2) ◽

pp. 161-177 ◽

Cited By ~ 3

Author(s):

Ved P. Nanda

Keyword(s):

Human Rights ◽

Migrant Workers ◽

State Sovereignty ◽

Unfinished Business ◽

International Regime ◽

International Human Rights ◽

International Convention ◽

International Human

The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families reflects a compromise between guaranteeing migrants international human rights and acknowledging state sovereignty. Notwithstanding a laudable attempt to provide in the Convention a comprehensive international regime for the protection of the migrant workers, the Convention is not an unmixed blessing. To illustrate, while the Convention creates new rights, it also limits some rights migrant workers already had under existing international human rights instruments. Also, the Convention's terminology and language suffer from ambiguities and are likely to cause uncertainty due to varying interpretations.

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Democratic Sovereignty and Transnational Law

Critical Theory in Critical Times ◽

10.7312/columbia/9780231181518.003.0002 ◽

2017 ◽

pp. 21-46

Author(s):

Seyla Benhabib

Keyword(s):

Human Rights ◽

International Treaties ◽

International Human Rights ◽

Legal Norms ◽

Global Constitutionalism ◽

International Human ◽

The One ◽

Human Rights Norms ◽

Zero Sum ◽

The Cost

Critics of legal cosmopolitanism and global constitutionalism have often pointed to an alleged zero-sum conflict between democratic sovereignty and a particular class of international legal norms: those pertaining to human rights. It is undeniable that there exist tensions between the application of, and compliance with, human rights norms in domestic contexts, on the one hand, and international treaties and covenants, on the other. Benhabib develops a conceptual and empirical model for understanding these tensions not as a zero-sum game, but rather as a process of dialectical norm-enhancement and interpretation. Her thesis is that compliance with international human rights norms does not come at the cost of, but rather reinforces, democratic sovereignty.

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Migration and refugees: applying human rights to ‘everyone’?

International Human Rights, Social Policy & Global ◽

10.1332/policypress/9781447349211.003.0011 ◽

2020 ◽

pp. 129-140

Author(s):

Michal Cenker ◽

Daniel Holder

Keyword(s):

Human Rights ◽

Racial Discrimination ◽

Migrant Worker ◽

Host Countries ◽

International Human Rights ◽

International Convention ◽

International Human ◽

Prejudicial Attitudes ◽

To Receive

Chapter 10 critically assesses the role of international human rights protections in promoting the rights of migrants and refugees in the context of globalisation, continuing global socio-economic inequalities and global conflict. While the whole concept of human rights rests on humanitarianism and not citizenship, international human rights mechanisms, such as the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), have often allowed states to apply restricted rights to non-citizens and while the UN Migrant Worker Convention exists, it remains the only core UN human rights instrument not to receive widespread ratification. This chapter discusses some of the issues which prevent the establishment of universal human rights protections for migrants and refugees, and how such protections have often been limited by a range of economic, political and security considerations along with prejudicial attitudes in potential host countries.

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Legislating from a Radical Hague: The United Nations Special Tribunal for Lebanon Invents an International Crime of Transnational Terrorism

Leiden Journal of International Law ◽

10.1017/s0922156511000203 ◽

2011 ◽

Vol 24 (3) ◽

pp. 677-700 ◽

Cited By ~ 12

Author(s):

BEN SAUL

Keyword(s):

Human Rights ◽

United Nations ◽

International Law ◽

International Crime ◽

Domestic Terrorism ◽

Public Confidence ◽

International Treaties ◽

Transnational Terrorism ◽

National Legislation ◽

Judicial Decisions

AbstractIn 2011, the Appeals Chamber of the UN Special Tribunal for Lebanon purported to identify a customary international crime of transnational terrorism and applied it in interpreting domestic terrorism offences under Lebanese law. This article argues that the Tribunal's decision was incorrect because all the sources of custom relied upon by the Appeals Chamber – national legislation, judicial decisions, regional and international treaties, and UN resolutions – were misinterpreted, exaggerated, or erroneously applied. The Tribunal's laissez-faire attitude towards custom formation jeopardizes the freedom from retrospective criminal punishment, subjugating the human rights of potential defendants to the Tribunal's own moralizing conception of what the law ought to be. The decision is not good for international law or public confidence in its institutions and processes.

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Theory and Evidence Regarding the Effectiveness of Human Rights Treaties

Oxford Research Encyclopedia of Politics ◽

10.1093/acrefore/9780190228637.013.544 ◽

2017 ◽

Author(s):

Daniel W. Hill, Jr.

Keyword(s):

Human Rights ◽

International Law ◽

Good Evidence ◽

International Human Rights Law ◽

Human Rights Law ◽

International Treaties ◽

International Human Rights ◽

Human Rights Treaties ◽

Sources Of Variation ◽

International Human

The adoption by the United Nations of the Universal Declaration of Human Rights in 1948 marked the beginning of the modern international human rights regime. Since then the number of international treaties that protect human rights, as well as the number of internationally recognized rights, has greatly increased. The increasing number and scope of international treaties attests to the fact that advocates for human rights view treaties, which are legally binding in principle, as useful tools for promoting respect for the various rights identified in international law. Only recently have scholars begun to collect and systematically examine evidence concerning the effectiveness of human rights treaties. This new body of research is motivated by a question that has obvious normative import and policy relevance: do we have good evidence that the widespread adoption of international human rights law has had any meaningful impact on the level of respect that states exhibit for the rights articulated in international law? To date, this literature suggests three sources of variation in the effectiveness of human rights treaties: (1) variation in the domestic political and legal institutions that facilitate enforcement and compliance, (2) variation in the nature of the rights protected by different treaties and the nature of violations, and (3) variation in the strength of governments’ commitments to the UN treaty regime. All three sources of variation point to opportunities to advance our understanding of the conditions under which international human rights law can achieve its goals.

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The Triangle that could Square the Circle? The Un International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Eu and the Universal Periodic Review

European Journal of Migration and Law ◽

10.1163/15718166-12342071 ◽

2015 ◽

Vol 17 (1) ◽

pp. 39-69 ◽

Cited By ~ 4

Author(s):

Alan Desmond

Keyword(s):

Human Rights ◽

Migrant Workers ◽

Periodic Review ◽

International Human Rights ◽

Member States ◽

International Convention ◽

Universal Periodic Review ◽

Raising Awareness ◽

International Human ◽

The Eu

Even before it had been fully drafted, the un International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families was blighted by a debilitating lack of support from States. Described by one of the participants in the drafting process as the un’s best-kept secret, it remains the least popular of the ten core international human rights instruments and has not been signed or ratified by any of the 28 eu Member States. This article is the first substantive examination of the Convention in the context of the un’s universal periodic review. It suggests that the universal periodic review may give the kiss of eu life to the Convention by raising awareness of it, re-energising civil society to more actively advocate for its ratification and forcing Member States to once again justify non-ratification.

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Defining and Delineating the Right to Reproductive Choice

Nordic Journal of International Law ◽

10.1163/15718109820295499 ◽

1998 ◽

Vol 67 (1) ◽

pp. 77-95

Author(s):

Keyword(s):

Human Rights ◽

Reproductive Rights ◽

International Human Rights Law ◽

Reproductive Choice ◽

Equal Rights ◽

International Human Rights ◽

Role Of The State ◽

International Human ◽

Definition Of ◽

The Right

AbstractWhile the notion of a prescribed set of `reproductive rights' has been advanced in various contexts, particularly in the agendas for action adopted at the United Nations conferences held in Cairo (1994) and Beijing (1995), these rights as a group remain controversial. This can be partly explained by their poor definition and often tenuous legal grounding, opening the door to easy criticism. Clarification of the essential content and scope of protection offered under existing international human rights law would be helpful. In this article, the definition of reproductive rights in the Beijing Platform for Action is critically scrutinized, leading to the conclusion that only four of the so-called `reproductive rights' are provided in existing international human rights instruments. These four may be seen as forming a bundle of inseparable rights which the author refers to as the composite right to reproductive choice. The special conflict which can arise between two members of a couple who, while bearing equal rights to reproductive choice, may hold differing views and have opposing desires regarding reproduction is also examined, specifically in relation to the role of the State in resolving the potential for the violation of one individual's right to reproductive choice by another individual.

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The problem of applying reservations to international human rights agreements

Law and innovations ◽

10.37772/2518-1718-2021-1(33)-10 ◽

2021 ◽

pp. 68-73

Author(s):

Ivanna Maryniv ◽

Liubov Rudai

Keyword(s):

Human Rights ◽

International Law ◽

Legal Regulation ◽

European Convention ◽

Effective Control ◽

International Treaties ◽

International Human Rights ◽

European Court ◽

Human Rights Treaties ◽

International Human

A problem statement. Human rights law, as a branch of public international law, to date, is mainly codified and consists mainly of treaty rules contained in universal and regional conventions. At the same time, in most cases, the parties to these agreements make reservations of both a substantive and procedural nature that apply to all generations of human rights. The question arises as to the legitimacy of the reservations declared by states to international acts on human rights and freedoms. Аnalysis of research and publications. Many international lawyers deal with the issue of reservations to human rights treaties and their validity. Thus, the works of E.S. Alisievich, are devoted to this issue, I.I. Lukashuk, V.G. Butkevich, V.L. Tolstoy, M.V. Buromensky and others. However, there are a number of problems with the legal regime of reservations to human rights treaties. The main thesis that reveals their essence is that there is no mechanism for effective control over the legitimacy of such reservations. The main text. The article considers the concept of reservations to international treaties, examines the problem of issuing reservations to international human rights treaties. The application of the institution of reservations is studied on the example of certain international treaties in the field of human rights, such as: the European Convention on Human Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the African Charter on Human and Peoples’ Rights. The case law of the European Court of Human Rights on the application of reservations to the European Convention on Human Rights is studied. Conclusions. Today, the sovereign right of every state to stipulate international treaties is firmly established in international law, but there is no clear legal regulation of this institution that would prevent abuses by states in this area. We see the need to further study the institution of reservations to human rights treaties, its development and the development of general principles, procedures, and control over their legitimacy.

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