scholarly journals The human rights protection system in Southeast Asia and ASEAN: towards a regional human rights court

2020 ◽  
Author(s):  
◽  
Stanati Netipatalachoochote
Keyword(s):  
Human Rights ◽  
Southeast Asia ◽  
Protection System ◽  
Human Rights Protection ◽  
Rights Protection

Context

2016 ◽  
Author(s):  
Necati Polat
Keyword(s):  
Human Rights ◽  
Regime Change ◽  
Protection System ◽  
Old Regime ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Government ◽  
Full Swing ◽  
Desperate Attempt

The overall domestic context following the full defeat of the old regime in Turkey, and the main contours of the Islamist (‘Islamo-nationalist’, Millî Görüş) populism now in full swing, are described in this chapter. The discussion looks into the mood in the pro-government circles, with some emphasis on the Islamist speculations on democracy—terrifying to the secular masses—and the effective rule by policy, rather than law, enabled by the growing cult of Erdogan. This chapter also describes the spectacular fall out between the government and the former allies, who strongly shared in the power through the new bureaucracy, the Gulen cult. One centrifugal factor detected in portraying the setting is the formal commitment to the human rights protection system in Europe, which, paradoxically, acquired greater intensity during the regime change in a desperate attempt on the part of the government to by-pass the former centres of power.

scholarly journals Evaluating Competing “Democratic” Discourses: The Impact on Human Rights Protection in Southeast Asia

2014 ◽  
Vol 33 (3) ◽  
pp. 49-77 ◽  
Author(s):  
James Gomez ◽  
Robin Ramcharan
Keyword(s):  
Human Rights ◽  
Southeast Asia ◽  
International Standards ◽  
Cultural Dimension ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Complex Interactions ◽  
Human Rights Regime ◽  
Global And Local ◽  
The Impact

This paper evaluates the impact of competing “democratic” discourses on human rights protection in Southeast Asia. The authors identify three key discourses emanating from a set of national governmental policies, advocacy positions promoted by both global and local civil society and international standards and procedures adopted by members of inter-governmental organisations. These discourses, the authors argue, are collectively shaping the emerging ASEAN inter-governmental human rights regime. The political impact of these competing “democratic” discourses and their complex interactions bring a cultural dimension to regional human rights. The authors argue that observers seeking to understand the emergence of norms, the establishment of institutions and their capacity to collectively protect regional human rights, need to understand these competing discourses.

scholarly journals COUNCIL OF EUROPE AND THE PROTECTION OF NATIONAL MINORITIES

2013 ◽  
Vol 7 (2) ◽  
Author(s):  
Tudor Tănăsescu
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Framework ◽  
Protection System ◽  
Council Of Europe ◽  
Territorial Integrity ◽  
Human Rights Protection ◽  
Rights Protection ◽  
National Minorities ◽  
United Nation

European protection of national minorities and the rights of persons belonging totheir identity is part of human rights protection system developed at the universal level underthe United Nation respectively regionally in the Council of Europe and other Europeaninstitutions. Examined the international legal framework (adopted in the Council of Europe),as in the field and others with official regulations (universal or regional) that concernprotection of minorities, “does not authorize any activity that is contrary to fundamentalprinciples of international law, especially that of sovereignty, territorial integrity andpolitical independence of states”.

Zakaz dyskryminacji ze względu na orientację seksualną w powszechnym systemie ochrony praw człowieka

2016 ◽  
Vol 14 (4 (1)) ◽  
pp. 89-106 ◽  
Author(s):  
Anna Pudło
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Comparative Analysis ◽  
Case Law ◽  
Protection System ◽  
Universal System ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Universal Human Rights

The article essays to answer the question of what the nature of prohibition of discrimination on grounds of sexual orientation is in the universal system of human rights protection. In order to determine this, a comparative analysis of selected documents of universal human rights protection system was carried out, which – in the case law and doctrine – have been recognized as the key issue in the prohibition of discrimination on grounds of sexual orientation, along with reaching out to the provisions of some national constitutions.

Neutering the SADC Tribunal by Blocking Individuals’ Access to the Tribunal

2013 ◽  
Vol 2 (2) ◽  
pp. 294-321 ◽  
Author(s):  
Obonye Jonas
Keyword(s):  
Economic Growth ◽  
Human Rights ◽  
Regional Integration ◽  
Protection System ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Heads Of State ◽  
Inter State

The SADC Tribunal was originally suspended by the SADC Heads of State and Government in August 2010. On 18 August 2012 at their Summit in Maputo, Mozambique, the SADC leaders took a decision to continue with the suspension of the SADC tribunal while simultaneously re-negotiating a new Protocol on the SADC Tribunal. Crucially for this article, the Summit also took a decision to limit the jurisdiction of the SADC Tribunal to the determination of inter-state disputes and the interpretation of the SADC Treaty and its protocols and divested it of the jurisdiction to entertain claims lodged by private persons. This decision effectively means that the Tribunal will no longer enjoy the power to entertain human rights claims, since they are invariably brought to court by natural persons. This article argues that the Summit’s decision to close to the SADC Tribunal to individuals is arbitrary, politically motivated and will undermine the regional human rights protection system and consequently undermine SADC’s ultimate objectives, namely regional integration and economic growth.

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