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"This publication contains the 'Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy Framework', which were developed by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises. The Special Representative annexed the Guiding Principles to his final report to the Human Rights Council (A/HRC/17/31), which also includes an introduction to the Guiding Principles and an overview of the process that led to their development. The Human Rights Council endorsed the Guiding Principles in its resolution 17/4 of 16 June 2011."--P. iv.
"A collection of key law and policy documents, and notes relevant to UN peace operations" --Pref.
This volume provides a detailed and concrete analysis of how human rights complaints mechanisms can be accessed by refugees, asylum-seekers, and internally displaced persons. The guide offers a thorough explanation of the United Nations human rights treaty bodies, with a focus upon the four committees authorized to receive communications from individuals. Detailed information is provided concerning procedural requirements, while the treaties are analyzed for their relevance to the forcibly displaced. United Nations mechanisms are also examined, with an emphasis on the thematic and country special procedures of the Commission on Human Rights. Published under the auspices of the Procedual Aspects of International Law Institute (PAIL). For more information about PAIL please go to pail-institute.org . Published under the Transnational Publishers imprint.
National Human Rights Institutions (NHRIs), defined by the UN as bodies established to promote and protect human rights, have increased in number since the General Assembly adopted principles governing their effectiveness in 1993. The UN and others have encouraged states to set up such institutions as an indication of their commitment to human rights, and now over 20 such institutions exist in Africa and many more will follow. These institutions have taken various forms including ombudsmen, commissions, or a combination of the two. They differ in terms of how they are established; some by constitution, some by legislation and some by decree. These NHRIs have varying functions, usually both promotional and protective, such as giving advice to government, parliament, and others, making recommendations on compliance with human rights standards, awareness raising, and analysis of law and policy. Despite the considerable variations in the method of their creation, powers and composition, most of these institutions have chosen or indeed been mandated, to become involved in international and regional fora. This book examines these institutions in the African region, the way in which they use the international and regional fora, the effectiveness of their contributions and how they are able to participate.
In 1946, the United Nations Commission on Human Rights became the first international body empowered to promote global human rights. During its first twenty years, the Commission established most of the contemporary standards of human rights. Increased social awareness in the 1960s enabled the Commission to respond to specific complaints from individuals and nongovernmental organizations and to pressure offending governments by using various measures that ranged from exhortation and mediation to sanctions designed to isolate violators. These enforcement activities have increased the Commission's visibility and have dramatically transformed its operation. Dr. Tolley's thematic history of the Commission offers important insights into states' political conduct in international human rights organizations, the evolving legal and institutional means of preventing human rights violations, and the difficulties encountered when an intergovernmental body is pressed to provide impartial protection to citizens against abuse by their own government.
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.
Human trafficking is consistently featured on the global political agenda. This book examines the trafficking of adult female victims for sexual exploitation, and specifically the understanding of consent and its influence in the identification and treatment of trafficking victims. Jessica Elliott argues that when applied to situations of human trafficking, migration and sexual exploitation, the notion of consent presents problems which current international laws are unable to address. Establishing the presence of 'coercion' and a lack of consent can be highly problematic, particularly in situations of human trafficking and exploitative prostitution; activities which may be deemed inherently coercive and problematically clandestine. By examining legal definitions of human trafficking in international instruments and their domestic implementation in different countries, the book explores victimhood in the context of exploitative migration, and argues that no clear line can be drawn between those who have been smuggled, trafficked, or 'consensually trafficked' into a situation of exploitation. The book will be great use and interest to students and researchers of migration law, transnational criminal law, and gender studies.
Paradoxically, victims of ordinary crimes such as fraud, theft or assault, can obtain redress through regular domestic channels, whereas victims of such major atrocities as genocide, war crimes or crimes against humanity, have been left mostly uncompensated. Until recently, a pervasive climate of impunity for international crimes relegated victims to the political and legal periphery. Over the last few years however, the international community has begun to recognize that, just as crimes under international law cannot be considered ordinary crimes, victims of these crimes cannot be considered ordinary victims. In this book, Dr. Bottigliero explores the origins, evolution and practice relating to victims' redress in domestic law, regional and universal human rights regimes, humanitarian law, the law of State responsibility, United Nations practice, and international criminal law including the International Criminal Court. She argues that the international community must now move beyond incomplete and fragmented approaches towards a much more comprehensive redress regime for victims of crimes under international law, and she recommends means by which to enhance the coherence, effectiveness and fairness of victims' redress.
This book addresses the issue of refugee protection in Europe, drawing on the approaches taken to the crisis in former Yugoslavia to find lessons for future comprehensive policies. Suitable for academics, students and policy-makers, this book gives a comprehensive overview of the twentieth-century history of refugee protection, the relationship between protection and human rights, and European integration in the asylum and immigration policy area. The focus of the book is the development of comprehensive approaches to forced migration and particularly the emergence of temporary protection mechanisms in the European context. Four specific national measures are analyzed and a model for future EU policy is advanced. This model satisfies specified practical and theoretical requirements governing the role of protection in international relations and relations between individuals and states.