Human Rights: International Protection, Monitoring, Enforcement

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ISBN: 9780754623021 | 0754623025
Cover: Nonspecific Binding
Copyright: 11/28/2003

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The series of volumes prepared by UNESCO for teaching human rights at higher education level comes to a successful conclusion with the publication of this volume. Human Rights: International Protection, Monitoring, Enforcement takes an institutional approach to the international protection of human rights, examining first the United Nations system, which may be seen as universal, and then analysing regional systems of protection. An indispensable source of information on the protection of human rights, the volume can also be employed as a practical guide to the use of existing procedures in the defence of human rights.

List of Tables

Preface

xiii

About the Contributors

xix

PART I THE UNITED NATIONS SYSTEM

1 United Nations Mechanisms to Promote and Protect Human Rights

(88)

Zdzislaw Kedzia

Introduction

(2)

Principles of the Machinery

(1)

Human Rights Machinery

(54)

The Main Structure of the Machinery

(1)

Policy-making Bodies

(17)

United Nations High Commissioner for Human Rights

(7)

Treaty Monitoring Bodies

(19)

Non-conventional Procedures: Special Rapporteurs and Working Groups

(10)

Procedures

(19)

Reporting under Human Rights Treaties

(6)

Procedures Related to Human Rights Violations

(11)

Non-governmental Organizations' Contribution to the Work of the United Nations Human Rights Mechanisms

(2)

Notes

(12)

Bibliography

(1)

2 The International Labour Organization's System of Human Rights Protection

(20)

Lee Swepston

Introduction

(1)

The ILO's History and Structures

(1)

Tripartism: a Fundamental Concept

(1)

The Concept of Fundamental Human Rights in the ILO

(1)

Definition of Fundamental Human Rights in the ILO

(2)

International Labour Standards: Adoption and Supervision

(3)

The Adoption of Standards

(1)

The ILO's Supervisory System

(2)

The Committee on Freedom of Association

(1)

Follow-up to the Declaration

(1)

The Relationship Between ILO Human Rights Standards and Other United Nations Instruments on Human Rights

(1)

Other Work with International Organizations on Human Rights

(1)

Links Between Technical Cooperation and ILO Standards

100

(1)

The Impact of the ILO's Work for Human Rights

101

(3)

Cases of Progress: More than 2000 Noted in 35 Years

101

(3)

The Effect Given to Recommendations of the Committee on Freedom of Association

104

(1)

How Non-governmental Organizations Can Best Make Use of the ILO

104

(2)

The Need to Adapt

106

(2)

Reporting Obligations

106

(1)

The Universality of Application of Standards

107

(1)

Globalization and Workers' Rights

107

(1)

The Promotion of Fundamental Human Rights

108

(1)

Concluding Remarks

108

(1)

Notes

109

(1)

Bibliography

109

(2)

3 UNESCO Procedures for the Protection of Human Rights

111

(24)

Karl Josef Pansch and Klaus Hüfner

Introduction

111

(1)

UNESCO and Human Rights

112

(2)

UNESCO's Constitution

112

(1)

The Need for a Special Organ

112

(1)

Human Rights in UNESCO's Competence

112

(2)

Development up to 1977-1978

114

(2)

In the United Nations

114

(1)

In UNESCO

114

(1)

The 19th Session of the UNESCO General Conference (Nairobi, 1976)

115

(1)

Problems for a Revised System

115

(1)

The Origins of the New Procedure

116

(1)

Participating Organs

116

(1)

The Main Characteristics of the UNESCO Procedure

117

(1)

Access to the CR

117

(1)

The States Concerned

118

(1)

The Structure of the Competent Organs

118

(2)

The Executive Board and the CR

118

(2)

The Name of the CR

120

(1)

Examination of Admissibility and Merits

120

(5)

Distribution of Functions

120

(1)

The Secretariat

121

(1)

Conditions of Admissibility

122

(2)

The CR's Procedure

124

(1)

An Examination of Merits

124

(1)

The Report of CR and its Examination

125

(1)

'Cases' and 'Questions'

125

(2)

The Two Categories

125

(1)

Different Procedures

126

(1)

Definitions

126

(1)

Procedures for 'Questions'

127

(1)

Further Revisions?

127

(2)

Concluding Remarks

129

(1)

Notes

129

(2)

Bibliography

131

(4)

PART II REGIONAL SYSTEMS

4 The European Systems for the Protection of Human Rights

135

(30)

Maxime Tardu

Introduction

135

(3)

Preventive Techniques and Mechanisms

138

(9)

Monitoring

139

(3)

Preventive Mechanisms in Cases of the Threat of Violations

142

(3)

Concluding Remarks on Preventive Techniques and Mechanisms

145

(2)

Post Facto Procedures, Investigation, Redress and Sanctions

147

(14)

Monitoring Processes Leading to Post Facto Action

147

(1)

Formal Investigation Procedures Based upon Initial Individual Complaints, Including Judicial Procedures

148

(13)

Ex-officio Punitive Measures

161

(1)

Conclusions

161

(1)

Notes

162

(1)

Bibliography

163

(2)

5 The Inter-American System for the Protection of Human Rights

165

(48)

Hugo Caminos

Introduction

165

(3)

The American Convention and State Obligations

168

(1)

The Rights and Freedoms Protected Under the American Convention

169

(14)

Civil and Political Rights

169

(12)

Economic, Social and Cultural Rights

181

(2)

Suspension of Guarantees, Interpretation and Application

183

(3)

Duties and Rights: A Mutual Relationship

186

(1)

The Competent Organs

187

(11)

The Inter-American Commission of Human Rights

187

(6)

The Inter-American Court of Human Rights

193

(5)

Final Remarks

198

(1)

Notes

199

(11)

Bibliography

210

(3)

6 The Protection of Human Rights in Africa: The African Charter on Human and Peoples' Rights

213

(26)

Daniel D.C. Don Nanjira

The Protection of Human Rights: Meaning and Application in the African Context

213

(3)

Why a Human Rights Protection Regime in Africa?

216

(1)

Precursors of the African Charter on Human and Peoples' Rights: from Lagos (1961) to Nairobi (1981)

217

(2)

The Historical Significance of the African Charter on Human and Peoples' Rights (ACHPR)

219

(2)

General Observations: The Sui Generis Character of the Charter

219

(2)

Conceptual Conflicts in 'Popular', 'Individual', 'State' and 'Minority' Rights

221

(4)

Duties in the African Charter on Human and Peoples' Rights

221

(3)

Protection of Human Rights through the Articles of the African Charter on Human and Peoples' Rights: Duties, Rights, Guarantees and Flaws

224

(1)

The Strengths of the African Charter on Human and Peoples' Rights

225

(1)

The Weaknesses of the African Charter on Human and Peoples' Rights

226

(4)

The African Commission on Human and Peoples' Rights

227

(1)

Other Weaknesses of the African Charter on Human and Peoples' Rights

228

(2)

Recent Developments in the Protection of Human Rights in Africa

230

(1)

The African Position Regarding the World Conference on Human Rights (Vienna, Austria, 1993)

231

(3)

Conclusion: Africa and the Question of Human Rights in the Twenty-first Century - Challenges, Choices and Chances

234

(2)

Notes

236

(1)

Bibliography

236

(3)

7 Regional Protection of Human Rights in the Arab States In Statu Nascendi

239

(18)

Bahey el Din Hassan

Introduction

239

(2)

Towards an Arab Regional Mechanism for the Protection of Human Rights

241

(1)

The Declaration of the Citizen's Rights in Arab States and Countries

242

(1)

The Charter on Human and Peoples' Rights in the Arab World

243

(1)

The Arab Charter on Human Rights (ACHR)

244

(3)

The Arab Charter on Human Rights in the Cultural and Political Debate in the Arab States

247

(4)

Notes

251

(1)

Bibliography

252

(5)

PART III TOWARDS FURTHER STRENGTHENING OF HUMAN RIGHTS PROTECTION

8 National Systems for the Protection of Human Rights

257

(24)

Jean-Bernard Marie

Introduction

257

(1)

Prerequisites for National Protection

258

(2)

Legislative, Judicial and Executive Powers

260

(4)

The Legislature

260

(1)

The Judiciary

261

(1)

The Executive

262

(2)

Specific National Institutions for the Promotion and Protection of Human Rights

264

(10)

Ombudspersons and Similar Institutions

265

(3)

National Human Rights Commissions

268

(6)

Conclusion

274

(2)

Notes

276

(3)

Bibliography

279

(2)

9 Criminal Responsibility for Violations of Human Rights

281

(22)

William A. Schabas

Introduction

281

(1)

Human Rights and International Crimes

282

(6)

Human Rights and International Criminal Tribunals

288

(6)

The International Criminal Tribunal for the Former Yugoslavia

289

(1)

The International Criminal Tribunal for Rwanda

290

(1)

The International Criminal Court

291

(3)

Human Rights, Criminal Prosecution and National Jurisdictions

294

(2)

Criminal Accountability and the Rights of the Accused

296

(2)

Conclusion

298

(1)

Notes

299

(2)

Bibliography

301

(2)

10 Sanctions and Human Rights

303

(22)

Katarina Tomaševski

Introduction

303

(2)

Domestic Decision-making on International Sanctions

305

(2)

Obstacles to Subsuming Sanctions under the Rule of Law

307

(4)

Responding to the Changing Pattern of Sanctions

311

(1)

The Rationale of Sanctions and the Logic of Human Rights

312

(2)

Discordance Between the Ends and the Means

314

(2)

Changing Human Rights Activism

316

(2)

Blurred Responsibilities

318

(1)

Conclusion

319

(1)

Notes

320

(2)

Bibliography

322

(3)

11 Indicators for the Implementation of Human Rights

325

(22)

Michael Kirby

Introduction

325

(6)

The Intangible Sense of Freedom

325

(2)

The Systematic Measurement of Human Rights

327

(1)

Impediments to Precise Measurement

328

(3)

International Indicators

331

(3)

National Government Indicators

334

(5)

Independent Courts

334

(2)

Accountable Executive Government

336

(1)

Vigilant Legislatures

337

(2)

Other Indicators

339

(4)

Notes

343

(2)

Bibliography

345

(2)

12 The Role of Non-Governmental Organizations (NGOs) in the Protection and Enforcement of Human Rights

347

(26)

Laurie S. Wiseberg

Introduction

347

(3)

The Roles or Functions of NGOs in the Promotion and Protection of Human Rights

350

(15)

Agenda-setting

350

(3)

Drafting Legislation: International Treaties, Declarations and Programmes of Action

353

(2)

Fact-finding or Information-gathering, Analysis and Dissemination

355

(3)

Witnessing, Denunciation or the Mobilization of Shame

358

(1)

International Solidarity and Support to Human Rights Defenders

359

(2)

Human Rights Education

361

(2)

Expertise and Policy Analysis

363

(1)

Keeping the Political System Open: Freedom of Association and Access to the United Nations

364

(1)

Conclusion

365

(1)

Notes

365

(4)

Bibliography

369

(4)

Index

373

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Human Rights: International Protection, Monitoring, Enforcement

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