scholarly journals Le recours au Comité des droits de l'homme de l'O.N.U. : une illusion?

2005 ◽  
Vol 26 (2) ◽  
pp. 531-547
Author(s):  
Marie-José Côté
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
International Convention ◽  
Cultural Rights ◽  
Optional Protocol ◽  
Canadian Law ◽  
The Status ◽  
Civil And Political Rights ◽  
Set Up ◽  
Work Done

The international charter of human freedoms became a legal reality via the coming into force of the following three documents : the International Convention on Economic, Social and Cultural Rights, the International Convention on Civil and Political Rights and the optional protocol attached to it. The Human Rights Committee was created under the Convention on Civil and Political Rights. In accordance with the controlling machinery set up under the optional protocol, the Committee must examine complaints from individuals who feel that their rights as defined and protected by the Convention, have been violated. Besides Uruguay, Canada is the country that submits the greatest number of complaints to the Human Rights Committee. To this days, six « communications » putting it into question have been at the origin of the adoption of « final views » two of which have demonstrated a violation of rights laid down in the Convention. Yet various improvements have proved to be desirable so as to make resorting to the Committee more efficient. It is even conceivable that making the rule on exhausting internal recourses might allow the Committee to influence Canadian law by inciting Canada to amend its Constitution or to integrate the Convention into its national law so as to be usable before the courts. The Committee has thereby contributed to increasing the basic freedoms of Canadians via the Convention on Civil and Political Rights. Although their accomplishments have been praiseworthy, work done by the Human Rights Committee risks being incomplete if the status quo continues.

The Protection of Human Rights by the Organization of American States

1968 ◽  
Vol 62 (4) ◽  
pp. 889-908 ◽  
Author(s):  
José A. Cabranes
Keyword(s):  
Human Rights ◽  
San Francisco ◽  
General Assembly ◽  
Political Rights ◽  
Bill Of Rights ◽  
Cultural Rights ◽  
Optional Protocol ◽  
American States ◽  
Protection Of Human Rights ◽  
Civil And Political Rights

On December 16, 1966, the General Assembly approved three agreements designed to establish a global system of enforceable treaty obligations with respect to fundamental human rights. These agreements are the second part of the “international bill of rights” proposed at the San Francisco Conference. Eighteen years separated the adoption of these agreements—the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, and the Optional Protocol to the International Covenant on Civil and Political Rights—and the approval in 1948 of the first part of the projected United Nations program for the protection of human rights, the non-binding Universal declaration of Human Rights.

Justiciability of Economic, Social, and Cultural Rights: Should There Be an International Complaints Mechanism to Adjudicate the Rights to Food, Water, Housing, and Health?

2004 ◽  
Vol 98 (3) ◽  
pp. 462-515 ◽  
Author(s):  
Michael J. Dennis ◽  
David P. Stewart
Keyword(s):  
Human Rights ◽  
Working Group ◽  
Political Rights ◽  
Cultural Rights ◽  
Optional Protocol ◽  
Civil And Political Rights

Should all internationally recognized human rights—economic, social, and cultural rights, as well as civil and political rights—be subject to the same individual-complaints procedures? This issue is now before a newly convened working group of the UN Commission on Human Rights. At its first meeting, from February 23 to March 5,2004, the Working Group debated the feasibility of elaborating an optional protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) that would provide for the adjudication of individual and group complaints against states under that Covenant. Participating states were in sharp disagreement over the viability of the proposal, however, and the session ended in disarray. Since the Commission has recommended renewal of the Working Group’s mandate for two years, the issue remains open.

scholarly journals Tools for Regulating Women’s Rights

2021 ◽  
Vol 8 (1) ◽  
pp. 11-18
Author(s):  
Gabriela Nemtoi
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Political Rights ◽  
Council Of Europe ◽  
Cultural Rights ◽  
The Status ◽  
Civil And Political Rights ◽  
Gender Based ◽  
New Perspective ◽  
Status Of Women

Acts that that guarantee the specific rights of women are various national regulations on conventions and instruments of international and European law. Several international legislative instruments - conventions involving obligations for acceding states, as well as political declarations of universal value - prohibit the gender-based exclusion from the exercise of all rights of any individual but especially of women. One such instrument is the Universal Declaration of Human Rights as well as the United Nations International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights and other conventions of this organization, in particular the Convention on the Elimination of All Forms of Discrimination against Women. However, there are several Conventions of the International Labour Organization in this area, or Action Plans approved at the last major UN conferences, especially those dedicated especially to the situation of women that took place in Beijing in September 1995. The current situation has shown that women are a product that imposes protection against discrimination of any kind. The status of women through the new regulations now opens a new perspective. There are currently regional instruments, in particular those of the Council of Europe - the European Convention on Human Rights - that prohibit discrimination based on sex.

Traditional Law and Discriminatory Customary Practices against Women in Cameroon: A Critical Perspective

2020 ◽  
Vol 28 (3) ◽  
pp. 418-431
Author(s):  
Simon Tabe Tabe
Keyword(s):  
Human Rights ◽  
Traditional Practices ◽  
Political Rights ◽  
Critical Perspective ◽  
Optional Protocol ◽  
The Status ◽  
Civil And Political Rights ◽  
The Village ◽  
Customary Practices ◽  
Village Woman

This article highlights the cultural and traditional practices that continue to discriminate against women in Cameroon, given that gender equality has been recognised and guaranteed in the Constitution of Cameroon and all international human rights instruments which Cameroon has ratified, notably the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination Against Women and its Optional Protocol, the African Charter on the Rights and Welfare of the Child, and all other international and regional conventions and covenants relating to discrimination against women. The article points out that the status of a woman under traditional law is far less than that of a slave. A woman is regarded as an abominable object and subjected to harmful customary practices. Some customs still continue to affect the physical and psychological development of the village woman. It is suggested that the village woman should be empowered financially, economically and socially to fight against customary practices that violate their rights.

scholarly journals Entrada en vigor, general y para España, del Protocolo Facultativo del Pacto Internacional de Derechos Económicos, Sociales y Culturales

2017 ◽  
pp. 75
Author(s):  
Rosa Riquelme Cortado
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
Trust Fund ◽  
State Party ◽  
International Assistance ◽  
Cultural Rights ◽  
Optional Protocol ◽  
Or Groups ◽  
Civil And Political Rights ◽  
Supporting Pillar

<p>The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESC) entered into force on 5 May 2013, generally and for Spain, thereby establishing, as an essential procedure, the filing of communications by individuals or groups of individuals claiming to be victims of a violation by a State Party of any one of the rights set forth in the Covenant. The principle of indivisibility and interdependence between all human rights acts as its supporting pillar for the correction of the discriminatory protective regime brought about in 1966 by the <em>twin covenants </em>(International Covenant on Civil and Political Rights). The process through which the Protocol to the ICESC came into being, however, did not ignore the insistent debate arising from the <em>justiciability </em>of economic, social and cultural rights, which has an effect on the limits set for the monitoring procedures provided forth therein in order to ensure compliance with the rights protected by the Covenant; that is, the filing of <em>individual communications</em>, its main <em>leitmotiv</em>, of <em>communications between States </em>and <em>inquiry </em>into grave or systematic violations of this range of rights, as well as the complementary mechanisms of <em>international assistance and cooperation </em>of the trust fund in particular.</p><p><strong>Published online</strong>: 11 December 2017</p>

Human Right to Environment and Its Effective Protection in Catalonia, Spain and Europe

2014 ◽  
Vol 42 (1) ◽  
pp. 121-134
Author(s):  
Alexandre Peñalver i Cabré
Keyword(s):  
Human Rights ◽  
First Generation ◽  
18Th Century ◽  
Third Generation ◽  
Political Rights ◽  
Human Right ◽  
Effective Protection ◽  
Cultural Rights ◽  
Additional Layer ◽  
Civil And Political Rights

Human Right to Environment is one the most relevant Third Generation Human Rights which includes new universal needs arisen from the last third of 20th century. These new human rights add as an additional layer to the First Generation Human Rights (civil and political rights from the end of 18th century) and to the Second Generation Human Rights (economic, social and cultural rights from 19th century).

scholarly journals COOPERATION BETWEEN UKRAINE AND THE UN AT THE PRESENT STAGE

2020 ◽  
pp. 34-40
Author(s):  
K. S. Loboda
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Sustainable Development Goals ◽  
Democratic Governance ◽  
Political Rights ◽  
International Convention ◽  
Cultural Rights ◽  
Development Goals ◽  
The Russian Federation ◽  
The United Nations

The article is devoted to the United Nations Organization, which turns 75 this year. The article reveals the cooperation between Ukraine and the UN. Despite the ongoing aggression by the Russian Federation, Ukraine pays special attention to the UN's efforts to maintain international peace and security, considering participation in it as an important factor in its foreign policy. Ukraine is an active participant in the activities of the UN system in the field of human rights, a party to all major UN human rights instruments, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Optional Protocols and the International Convention on the Elimination of all forms of racial discrimination. Since March 2014, at the invitation of our state, the UN Monitoring Mission in the field of human rights has been operating in Ukraine, recording the human rights consequences of Russian aggression. Our country receives significant technical, advisory and financial assistance from UN specialized agencies, its funds and programs, in particular, in the areas of democratic governance, poverty alleviation, achieving the National Sustainable Development Goals, supporting public administration, combating HIV / AIDS and other serious diseases, environment. In connection with the above, it should be emphasized that Ukraine, as a founding member of the United Nations, does not stand aside, but actively cooperates with this respected international organization in all areas of its activities. Ukraine remains a supporter of strengthening and increasing the effectiveness of the UN and adapting to modern challenges in the world. Keywords: United Nations Organization, Ukraine, Security Council, human rights, peacekeeping.

The Rights of Indigenous Peoples in Lands Once Part of the Old Dominions of the Crown

1997 ◽  
Vol 46 (4) ◽  
pp. 812-830 ◽  
Author(s):  
Anthony Mason
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Moral Foundations ◽  
Political Rights ◽  
Land Resources ◽  
Way Of Life ◽  
Cultural Rights ◽  
The World ◽  
Civil And Political Rights ◽  
Rights Issue

Of all the rights of indigenous people, none is more central to the survival of their culture than the claim to their ancestral lands. The resolution of their claims to ancestral lands is one of the fundamental issues of our time—indeed of all time. Often called a human rights issue—a description apt to reinforce the strong moral foundations of the claims of the indigenous peoples—it is an issue which we cannot ignore. Throughout the world people of all races and all colours have a powerful emotional attachment to their ancestral lands. That attachment is the very core of a people's culture and is vital to the survival of the culture. As the UN Human Rights Committee has recognised, in the context of the exercise of cultural rights protected by Article 27 of the International Covenant on Civil and Political Rights, “culture manifests itself in many forms, including a particular way of life associated with the use of land resources”.

How to Think about Advocacy

2020 ◽  
pp. 34-56
Author(s):  
Michelle Jurkovich
Keyword(s):  
Human Rights ◽  
Alternative Model ◽  
Political Rights ◽  
Right To Food ◽  
Civil And Political Rights ◽  
Set Up ◽  
The Right ◽  
Spiral Model

This chapter focuses on contemporary international anti-hunger advocacy, which describes the nature of contemporary campaigns across top international anti-hunger organizations. It introduces dominant human rights models, namely Margaret E. Keck and Kathryn Sikkink's “boomerang model” and Thomas Risse, Stephen C. Ropp, and Kathryn Sikkink's “spiral model.” It also provides an alternative model of advocacy, the “buckshot model,” which describes and explains advocacy around hunger and the right to food. The chapter identifies the hidden assumptions behind dominant human rights models and explores their limitations by using the hunger case to set up a contrast with more-often-studied civil and political rights campaigns. It reviews interviews with international anti-hunger activists that were completed by 2015, which reflected contemporary campaigns and efforts until 2014.

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