Can ASEAN Take Human Rights Seriously?


Book Description

Critically examines ASEAN's human rights system in the context of Southeast Asian political-legal developments and the global human rights discourse




Climate change justice and human rights: An African perspective


Book Description

Populations in Africa are vulnerable to both the direct and indirect adverse effects of climate change that are of human rights significance. The urgency for states in Africa to implement climate interventions while they face developmental challenges, however, raises questions of ‘justice’ or ‘fairness’ between the developed and the developing states. Consequently, interrogating how the human rights paradigm may respond to negative implications of climate change and its ‘fairness’ is important as states continue to engage with the climate change standard setting. This edited volume critically interrogates human rights paradigm as an intervention to secure climate change justice for vulnerable populations; analyses regional protection against human rights consequences of climate change; and assesses emerging interventions based on domestic regulatory frameworks on climate change in selected states in Africa.




The United Nations Declaration on the Rights of Indigenous Peoples


Book Description

The development and adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was a huge success for the global indigenous movement. This book offers an insightful and nuanced contemporary evaluation of the progress and challenges that indigenous peoples have faced in securing the implementation of this new instrument, as well as its normative impact, at both the national and international levels. The chapters in this collection offer a multi-disciplinary analysis of the UNDRIP as it enters the second decade since its adoption by the UN General Assembly in 2007. Following centuries of resistance by Indigenous peoples to state, and state sponsored, dispossession, violence, cultural appropriation, murder, neglect and derision, the UNDRIP is an achievement with deep implications in international law, policy and politics. In many ways, it also represents just the beginning – the opening of new ways forward that include advocacy, activism, and the careful and hard-fought crafting of new relationships between Indigenous peoples and states and their dominant populations and interests. This book was originally published as a special issue of The International Journal of Human Rights.




National Human Rights Institutions


Book Description

National Human Rights Institutions: Rules, Requirements, and Practice is an authoritative guide to National Human Rights Institutions (NHRI) in their important role as promoters and protectors of human rights at the national level. This book serves as both the first ever 'casebook' on the findings of the SCA, as well as a comprehensive reference for the requirements for compliance of NHRIs with the Paris Principles, and is a vital source of information on the actual practice of NHRIs. Since its earliest assessments of NHRIs in 1998, the Global Alliance of NHRIs' (GANHRI) Sub-Committee on Accreditation (SCA) has developed a substantive body of work that has examined the operation and practice of over 128 institutions in countries and territories from every part of the globe. Analysed and catalogued in their entirety into an accessible format for the first time, and covering all aspects of NHRIs' structure and functioning, as well as providing a thorough overview of how the SCA works in practice, this book is an indispensable resource for scholars and practitioners who wish to understand and learn how NHRIs operate at the national level, as well as what problems they face and ultimately, how they can be strengthened. Benefitting from the unique insight of David Langtry, a member of the SCA for 11 years, this book is an essential source for all those interested in the role of NHRIs, and more broadly, of all state-established institutions intended to function independently.




White Paper on Human Rights in North Korea 2017


Book Description

The White Paper on Human Rights in North Korea 2017 aims to increase awareness on North Korean human rights issues in Korea as well as abroad by providing the basic materials required for related discussions and activities. Also, this White Paper comprehensively and systematically analyzes the human rights situation in North Korea and North Korean human rights issues. This White Paper bases its views of the human rights situation of the North Korean people on the framework of international human rights standards. As is well known, North Korea is a State Party to major international human rights treaties. To identify the extent to which the individual rights recognized in each treaty are guaranteed, we first reviewed the relevant laws and regulations of North Korea and examined the related realities. Such analysis is meaningful in that we can identify the level of compliance by North Korea in the laws and regulations it has enacted on its own as well as the degree to which it has fulfilled its international obligations as a State Party to these treaties. Summary ChapterⅠ Purpose for Publication and Research Methodology 1 Purpose for Publication 2 Research Methodology ChapterⅡ The Reality of Civil and Political Rights 1 Right to Life 2 Right to Not Receive Torture or Inhumane Treatment 3 Right to Not be Forced into Labor 4 Right to Liberty and Security of Person 5 Right to Humane Treatment in Detention 6 Right to Freedom of Movement and Residence 7 Right to a Fair Trial 8 Right to Privacy 9 Right to Freedom of Ideology, Conscience and Religion 10 Right to Freedom of Expression 11 Right to Freedom of Assembly and Association 12 Right to Political Participation 13 Right to Equality ChapterⅢ The Reality of Economic, Social and Cultural Rights 1 Right to Food 2 Right to Health 3 Right to Work 4 Right to Education 5 Right to Social Security ChapterⅣ Vulnerable Groups 1 Women 2 Children 3 Persons with Disabilities ChapterⅤ Major Issues 1 Political Prison Camps (Kwanliso) 2 Corruption 3 Overseas Defectors 4 Overseas Workers 5 Separated Families, Abductees and Korean War POWs




The United Nations Special Procedures System


Book Description

The United Nations Special Procedures system is a key element of the evolving international framework for human rights protection and promotion. However, despite the system’s expansion, the range of roles and functions performed by mandate holders, and the mounting evidence of its strengths and limitations, there has been very little academic interrogation or analysis of Special Procedures. This lacuna is ever-more problematic given the growing profile and effectiveness of the Special Procedures’ work, as well as the increasing attention and challenges that they face, both externally from States and internally from within the UN system. Given the current ‘state of play’ of Special Procedures, it is essential that scholarly attention be focussed upon the system. How does it contribute to international human rights protection? How, when and why does it fail to do so? What steps can and should be taken to address shortcomings both within the system and in terms of the legal and political context within which it operates? Featuring expert contributions from key players within, and expert commentators on, the Special Procedures system, this volume addresses these questions in an in-depth and rigorous scholarly manner.




Evidential Legal Reasoning


Book Description

A global overview of evidentiary reasoning with contributions from leading authorities from different legal traditions and four continents.




Responsibilities of the Non-State Actor in Armed Conflict and the Market Place


Book Description

The central question of this pioneer work on the responsibility of non-state actors (NSAs) and the consequences thereof, is: To whom are such actors, in particular armed opposition groups and business corporations, accountable for their actions in armed conflict and in peace times? Does responsibility in international law apply to these NSAs qua groups? While much has been written about NSAs’ rights and participation in the global theatre as well as the responsibility of the state and international organisations for wrongful acts by NSAs, scant attention has been paid to questions of NSA organizational responsibility, in spite of their potential to wreak international havoc. This volume offers innovative insights into this unexplored territory by analyzing responsibility questions from both theoretical and empirical perspectives.




Translating Human Rights in Education


Book Description

The 2006 United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) is the first human rights treaty to explicitly acknowledge the right to education for persons with disabilities. In order to realize this right, the convention’s Article 24 mandates state parties to ensure inclusive education systems that overcome outright exclusion as well as segregation in special education settings. Despite this major global policy change to tackle the discriminations persons with disabilities face in education, this has yet to take effect in most school systems worldwide. Focusing on the factors undermining the realization of disability rights in education, Julia Biermann probes current meanings of inclusive education in two contrasting yet equally challenged state parties to the UN CRPD: Nigeria, whose school system overtly excludes disabled children, and Germany, where this group primarily learns in special schools. In both countries, policy actors aim to realize the right to inclusive education by segregating students with disabilities into special education settings. In Nigeria, this demand arises from the glaring lack of such a system. In Germany, conversely, from its extraordinary long-term institutionalization. This act of diverting from the principles embodied in Article 24 is based on the steadfast and shared belief that school systems, which place students into special education, have an innate advantage in realizing the right to education for persons with disabilities. Accordingly, inclusion emerges to be an evolutionary and linear process of educational expansion that depends on institutionalized special education, not a right of persons with disabilities to be realized in local schools on an equal basis with others. This book proposes a refined human rights model of disability in education that shifts the analytical focus toward the global politics of formal mass schooling as a space where discrimination is sustained.