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The purpose of my dissertation is to examine whether and how national human rights institutions (NHRIs) can be a driving force for the establishment of regional human rights institutions (RHRIs) in the Asia-Pacific region, which remains the only region without such institutions in contrast to Europe, the Americas, and Africa. I first explore the issue of whether RHRIs are desirable in this region, and argue that such a system is desirable. Then I examine the reasons why RHRIs have not emerged in this region. I located these reasons in part by examining the reception of human rights in Asia and issues like the emergence of international human rights law from the Western cultural heritage, and the problematic question of what the Asian way of human rights means. The analysis of the obstacles that have hampered the creation of RHRIs leads me to focus on NHRIs. By reviewing the role that NHRIs can play in addressing the concerns and inhibitions of Asian states, while furthering the aims of international human rights law, I maintain that the way in which NHRIs collaborate demonstrates that they can be eminent actors toward the establishment of RHRIs. Further, I suggest four specific ways to realize this goal. Lastly, I explore the broader literature on the role that human rights NGOs can play in the relationship with RHRIs and NHRIs, thus illuminating their particular role in the Asian human rights context. I conclude that we need a new actor which can strengthen the human rights system at the national level, change a government's human rights policies, and ultimately lead to the creation of RHRIs in this region. It should be a channeling institution that can mediate between the national interest and international norms, similarly to RHRIs that can work as intermediaries to reflect the regional specificity and meet international human rights standards. At the same time, this new actor should gradually raise public awareness of human rights through an active cooperation with civil society. Overall, NHRIs can play such a role as a driving force for establishing RHRIs in the Asia-Pacific region.
This book explores recent developments pointing towards a ‘domestic institutionalisation of human rights’, composed of converging international trends prescribing the setting up of domestic institutions, and the need for a national human rights systems approach. Building on new compliance theories, innovative arrangements have resolutely appeared around the turn of the millennium and some are now legally enshrined in human rights treaties. In their introduction, the editors capture these developments, their main elements and key points of debate. They outline a research agenda aimed at structuring and generating further attention from both academics and practitioners. As a stepping stone, the book singles out the purposeful attempt by the United Nations and others to frame these trends around the concept of ‘National Human Rights System’. The chapters assess various models and cases put forward for such systems. Each chapter highlights the specific forms of institutions being promoted and their intended domestic interactions, and discusses how these institutions are leveraged and strengthened by international bodies. Authors critically review their implications for the future of human rights, paving the way for additional research. The chapters in this book were originally published as a special issue of the Nordic Journal of Human Rights.
This publication introduces the reader to national human rights institutions (NHRIs). Its focus is on NHRIs as both cornerstones of national human rights protection and promotion, and links between States and the international human rights system. Respect for human rights requires the concerted effort of every Government, individual, group and organ in society. With this in mind, the publication is intended for all those who seek a basic understanding of NHRIs, the work they do, how they interact with States, civil society and the international community, and how to support their work.
Master's Thesis from the year 2013 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: A, European University Viadrina Frankfurt (Oder), course: Jura - Internationale Menschenrechte und Humanitares Recht, language: English, abstract: National Human Rights Institutions (NHRIs) are cornerstones of strong domestic human rights protection systems. They play a crucial role in the promotion and protection of human rights at the national level. Within their broad mandate, they advise governments on various human rights issues, monitor the implementation of international human rights instruments, promote the harmonisation of national law and practice with the international human rights standards, disseminate human rights information, cooperate with regional and international human rights bodies, and remedy human rights violations. However, National Human Rights Institutions are primarily domestic instruments, they increasingly engage with the international human rights mechanisms. In the last 20 years, they became the practical link between international human rights standards and their concrete application at the national level. The institutions' interaction with the UN Charter-based and Treaty-based Bodies is a relatively new phenomenon and as such, has its obstacles. In order to clarify the nature and ways of co-operation between NHRIs and the UN human rights monitoring mechanisms, this Handbook sets out the characteristics and role of National Human Rights Institutions in the UN human rights framework. Meanwhile, it is aiming to answer two main questions: what added value does the participation of NHRIs at the international level bring and how should the cooperation between NHRIs and the UN be strengthened in the future.
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One of the more promising developments in global efforts to uphold human rights over the past decade has been the growing role of national human rights institutions. A role for national institutions was foreseen by the United Nations Economic and Social Council as early as 1946 and since the adoption of the Universal Declaration of Human Rights in 1948 the Commission on Human Rights and the United Nations Secretariat have sought to promote the role of such institutions. This volume offers a wealth of information on the protection functions of existing national human rights institutions in a wide selection of countries, drawn from Asia, Africa, Europe, Latin America and Oceania. These essays together make clear the genuine striving by national human rights commissions to act for the protection of human rights in the countries they serve, and the variety of protection models that can and are being adopted, both in developed and developing countries.
International Human Rights: Problems of Law, Policy, and Practice, Seventh Edition by Hurst Hannum, S. James Anaya, Dinah Shelton, and Rosa Celorio is a student-friendly coursebook that surveys the foundational features and diverse components of the international human rights system, while highlighting human rights issues of pressing concern, including racial discrimination, violence against women, the struggles of indigenous peoples, armed conflicts, lack of access to healthcare and other basic necessities, environmental degradation, and climate change, among others. This coursebook introduces students to the established and developing international law on human rights. Its pages navigate a wide range of substantive norms; procedural rules; and national, regional, and global institutions whose mandate is to promote and monitor compliance with internationally-recognized human rights. The book discusses a range of contemporary human rights challenges, including racial discrimination; violence against women; the struggles of indigenous peoples; armed conflict; threats to free speech, social protest, the defense of human rights; lack of access to health care, and other basic necessities; and environmental degradation and climate change, among others. This book is artfully organized around the foundational features and diverse components of the international human rights system at both the global and regional levels. Distinct problems related to human rights are introduced to illustrate the real issues that face human rights lawyers and how those issues might be addressed through international (and domestic) processes involving internationally-recognized human rights norms. Balancing practical considerations and theory, this outstanding authorship team delivers a comprehensive text that examines historical underpinnings and contemporary considerations related to human rights efforts across the globe. New to the Seventh Edition: New or updated examination of a range of human rights issues, including racial discrimination and police violence; discrimination and violence against women and LGBTI persons; threats to indigenous peoples; undermining of rights of political participation; the human rights impacts of environmental degradation and climate change; human rights in the digital space; among others. Discussion of the formidable impacts on international law and human rights of the Russia-Ukraine conflict that began in early 2022. Exposition of new human rights treaties, declarations, and decisions of judicial and other human rights bodies. Discussion of new developments regarding human rights institutions and international procedures to advance human rights. Updates on United States case law on the judicial enforcement of international human rights norms. This edition of the book is substantially reduced in volume from prior editions, such that it is better designed for use in a one-semester, three-hour course or seminar at the law school or university law. Professors and students will benefit from: Emphasis on practical issues that influence the application, implementation, and development of human rights law. Problem-oriented focus with the goal to motivate students to think about concrete issues and the application of human rights law to the real world. Discussion of current issues in human rights today. Discussion of not only global but also regional treaties, mechanisms, institutions, and procedures related to human rights. Comprehensive coverage that highlights substantive discussion of human rights problems around the world. Presentations of differing views on the theory and practice of human rights. Discussion of the theoretical foundations of human rights, cultural relativism, and sovereignty. Examination of historical developments in human rights as well as modern issues and conflicts. Thoroughly updated text that includes new documents and jurisprudence, as well as recent scholarship. Exposition of the interrelationship between human rights and international humanitarian law and international criminal law. Updated examination of the domestic enforcement of international human rights law.
"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." --