International Human Rights Treaties Research Articles

FROM NATURAL LAW TO UNIVERSAL DECLARATIONS: IMPLICATIONS FOR INTERNATIONAL HUMAN RIGHTS TREATIES AND THE RESPONSIBILITY TO PROTECT

In today's world, the concept of human rights stands as a beacon of hope, advocating for the fundamental dignity and freedoms of every individual. Rooted in the recognition that all human beings possess inherent worth, human rights provide a universal framework that transcends cultural, social, and political boundaries. They represent a collective aspiration to create a world where fairness, justice, and equality prevail. Throughout history, the concept of human rights has evolved, driven by the need to address pressing societal challenges and protect individuals from oppression, discrimination, and violence. From ancient civilizations to the modern era, societies have grappled with questions surrounding the rights and responsibilities of individuals and the role of governments in safeguarding these rights. Today, human rights encompass a broad spectrum of principles and entitlements that serve as a moral compass for societies worldwide. They encompass civil, political, economic, social, and cultural rights, recognizing that a person's well-being and dignity are intertwined with their ability to enjoy a range of freedoms, opportunities, and protections.

The Role of the Practices of the International and Regional Human Rights Treaty Bodies in the Development and Codification of the Rules of International Law – The Reservation to Treaties as a Model

Although the rules contained in the three Vienna Conventions of 1969, 1978, and 1986 still constitute the framework for practice in the field of reservation to treaties, the development of the international community and with it the international system for the protection of human rights revealed a lack of clarity and some gaps in the Vienna regime of reservation which cannot be overlooked. Based on this, the European Court of Human Rights took the initiative and provided solutions to the practical difficulties imposed by previous conventions as well as developed new practices. Despite the opposition of several actors states to some of these practices, the great support given to the European monitoring bodies by the Inter-American Court of Human Rights and the United Nations human rights treaty bodies, in addition to the clarifications provided by the Human Rights Committee (HRC) concerning ‘severability’ theory to the International Law Commission (ILC), led to established practices of these bodies being codified. Codification took the form of guidelines in the ‘Guide to Practice on Reservations to Treaties’ which was adopted at the 63rd session of the ILC in 2011 after extensive study and debates, lasting nearly two decades, between members of the International Law Commission and within the Sixth Committee of the General Assembly.

New Democracies and Commitment to Human Rights Treaties

Abstract One of the most influential arguments suggests that new democracies are more inclined than others to commit to international human rights treaties. This paper examines whether new democracies are more likely to commit not only to the basic, but also to the more demanding and constraining treaties. We argue that despite the strategic utility of costly commitments, new democracies are often unwilling to pay for the increased costs of more demanding and constraining treaties. We test our argument by tackling some of the trickiest inferential challenges. We employ propensity score weighting to address the nonrandom assignment of new democracies and further specify marginal structural models to account for dynamic confounding. Our analyses reveal intriguing findings. While new democracies commit to the broad human rights conventions more quickly, they are more reluctant than established democracies to commit to the more demanding and constraining protocols.

Social Pressure in the International Human Rights Regime: Why States Withdraw Treaty Reservations

AbstractStates often use reservations to modify their treaty obligations. Prior research demonstrates why states enter reservations and why states object to reservations, but little work explains why states withdraw them. We argue that states withdraw reservations in response to international social pressure. Using novel data on reservations and reservation withdrawals for the nine core international human rights treaties, our analyses reveal two factors that compel states to withdraw reservations: (1) pressure from peer states and (2) pressure from human rights treaty bodies conducting periodic reviews. While previous work emphasizes domestic factors, our research shows that the international community encourages states to withdraw reservations and strengthen their commitments to human rights and international law.

Exploring the Role of International Human Rights Treaties in Promoting Gender Equality and Women’s Empowerment

This research explores the role of international human rights treaties in promoting gender equality and women's empowerment in Indonesia. The study adopts a mixed-methods approach, combining qualitative and quantitative data collection techniques. The research delves into the implementation and enforcement of international human rights treaties, examining their alignment with domestic laws and policies. The study highlights the challenges and opportunities faced in advancing gender equality in Indonesia. Survey data from diverse stakeholders and insights from interviews and document analysis provide comprehensive findings. The research underscores the positive impact of international human rights treaties on gender-related policies but identifies challenges like limited resources and traditional cultural norms. The study concludes with evidence-based recommendations to enhance the influence of international human rights treaties in achieving gender equality and empowering women in Indonesia.

Challenges for human rights treaty monitoring in a devolved UK: a case study

This article is one of the first of its kind to undertake empirical research into the engagement of a devolved government in a United Nations (UN) human rights treaty-monitoring process. There is a lack of studies on this topic, even though the devolved nations of the United Kingdom (UK) have legislative competence and responsibilities to implement many obligations arising from several international human rights treaties, such as the UN Convention on the Rights of the Child. The article provides a case study to evaluate and compare how regional governments are accommodated in the treaty body system so that future monitoring processes accurately reflect the differences in implementation of UN treaties, or lack thereof, across different regions within the state. The potential impact of ‘under-representative’ state reporting is also examined. The article highlights that State Reports and the monitoring process should ensure accurate and reliable information on implementation in each nation of the UK and, more specifically, should ensure that the state delegation is composed of a balanced number of representatives from each nation, that delegation responses to questions from the Committee on the Rights of the Child clearly indicate whether the reply relates to law, policy and practice in the UK as a whole or solely to a specific nation, and that delegation representatives have a full understanding of the division of responsibilities between the UK Government and the devolved governments.

Women’s Rights in Nigeria’s Indigenous Systems: An Analysis of Non-Discrimination and Equality under International Human Rights Law

The Nigerian legal system is diverse in that it recognizes several established legal systems that regulate how Nigerians conduct themselves. These legal frameworks include the civil law that was passed down from the British during and after colonization, pre-colonial customary laws and cultural practices, and religious laws (Christian and Islamic laws). Different kinds of norms and laws have subjected Nigerian women to violations of their rights depending on the woman’s cultural or religious affiliation. Such cultural and/or religious practices are usually in opposition to civil law and the Nigerian constitution, which is a custodian of these rights. Moreover, despite the supremacy of the constitution and expected compliance with international human rights treaties that Nigeria has ratified, the fact is that today there are impediments to the effective protection of women’s rights in Nigeria. For instance, although the Nigerian constitution outlaw’s discrimination on the grounds of gender, customary and religious laws continue to restrict the effective implementation of women’s rights, making it extremely difficult to harmonize domestic legislation with international human rights conventions, and also remove discriminatory measures. This article, thus, examines the issues of gender inequality as the basis for agitation for women’s empowerment and women’s rights while also proposing a re-alignment of domestic legislation in compliance with international human rights conventions and treaties, in order to combat cultural and religious norms that flout human rights considerations for Nigerian women. Therefore, the main objective of this paper is to highlight the challenges that may arise when these legal systems clash, and how that affects the protection of women’s rights, particularly in view of international human rights treaties which Nigeria has signed and ratified. The article will therefore propose that women’s rights should be protected by seeking to eradicate cultural and religious practices that are discriminatory. This can be achieved by adopting laws which can be interpreted by domestic courts in line with constitutional requirements protecting the rights of women. It is noteworthy that the Nigerian judiciary has declared certain customs and traditions contrary to natural justice, equity and good conscience. Some of the case laws and judicial pronouncements will also be examined in this paper to enable implementation for the protection of women’s rights. The methodology adopted is desk-top legal research where judgments of courts and legislative enactments will form the basis of the findings of this paper.

Protecting Civil and Political Rights: Comparative Analysis of International Human Rights Mechanisms

This research conducts a comparative analysis of international human rights mechanisms to examine their effectiveness in protecting civil and political rights. The research aims to assess the strengths, limitations and contributions of various international mechanisms in protecting these fundamental rights. Part of the study process included a thorough analysis of international human rights treaties, agreements, reports, and case law from regional and international human rights organizations. The focus of the examination is on contrasting the mandates, responsibilities, and management styles of important international human rights institutions, including the Inter-American Commission on Human Rights, the European Court of Human Rights, and the UN Human Rights Council. These international organizations use a variety of tactics and resources to safeguard civil and political rights, which are made evident in its conclusions. The report lists common problems that these systems encounter, such as poor enforcement capacities, disparities in membership and participation, and the potential impact of political interests on decision-making processes. It also looks at how these processes have helped advance civil and political rights all throughout the world. The article discusses significant cases and rulings that have helped establish international and state standards for human rights legislation.

China's adherence to international human rights treaties: An empirical assessment

Despite China's growing participation and accession to international human rights treaties, there exists a wide perception that China violates international human rights norms. When empirically assessing whether China adheres to international human rights norms outlined in international human rights law, we find that there is variation across treaties and across time—China shows relatively higher adherence to norms pertaining to gender equality, economic rights, social and cultural rights, compared to rights to freedom from torture. Improvements in adherence to gender equality, economic rights, social and cultural rights have shown relative improvement over time compared to rights to freedom from torture due to previous efforts to improve welfare under Hu-Wen administration (2002–2012). We additionally find that the variation in adherence across treaties stems from China's distinct human rights norms, which prioritize economic development and national sovereignty over indivisibility of human rights. Our findings contribute to furthering existing understanding of China's relationship with the international human rights regime.

Trial in absentia and the modern international criminal procedure

INTRODUCTION. The article discusses the theoretical and practical problems of conducting trials in the absence of the accused (in absentia) in international criminal courts and tribunals.MATERIALS AND METHODS. The article is based on international human rights treaties that regulate the rights of the accused in criminal proceedings, the statutory and procedural documents of these courts, and the practice of interpreting and applying the right of the accused to be present at the trial.RESEARCH RESULTS. International human rights treaties establish the minimum rights of the accused in criminal proceedings. Among these rights is the right of the accused to be present at the trial. However, the practice of interpreting this right by the relevant conventional international bodies and international criminal courts and tribunals imposes significant limitations. A number of such restrictions appear to be both reasonable and justified. However, in many cases the restrictions are arbitrary and their justification is legally flawed.DISCUSSION AND CONCLUSIONS. Universal and a number of regional international human rights treaties, in particular, the International Covenant on Civil and Political Rights of 1966 contain norms that are binding not only for states in their application of national law, but also establish general human rights standards in international law. Due to this circumstance, the provisions of such treaties bind any institutions operating directly in the system of international law, in particular, international criminal courts and tribunals. Thus, international criminal courts and tribunals are bound by the provisions of these treaties, not only in terms of their implementation, but also in terms of their interpretation. The practice of these courts demonstrates a very inconsistent application and not always convincing interpretation of the rights of the accused in general and the right to be tried in his presence. Currently, this practice is trying to change the previously formed trend towards increasingly severe restrictions on exceptions to the right of the accused to be tried in his presence.

#ForeignersMustGo versus “in favorem libertatis”: Human rights violations and procedural irregularities in South African immigration detention law

In 2021, an estimated 3.95 million foreign nationals resided in South Africa, with no data available on numbers of displaced persons or undocumented migrants residing without legal or valid immigration status. Surveillance data on immigration detention are scant. We present a socio-legal account of the historical evolution of South African immigration detention regulation in post-apartheid timeframes, with a view to providing a legal realist assessment of the socio- and politico-legal dimensions pertinent to human rights assurances of immigration detainees in South Africa. The realist focus is on scrutinizing South Africa’s progress in upholding the rights of immigration detainees and illustrating the contemporary complexities in ensuring due process in the (co)application of the Immigration Act (and Refugees Act) explicitly regarding immigration detention processes and practices. We present the applicable international and regional African human rights treaties, domestic regulations, and relevant jurisprudence to the rights of immigration detainees in South Africa. The generated realist narrative is cognizant of the contextual forces of migration into South Africa, securitization agendas, and violations of basic human rights and due process, and illustrates various gaps in the application of domestic laws, policies, and standards of care regarding immigration detention when evaluated against the rule of law.

„Pod władzą Rzeczypospolitej” – uwagi o artykule 37 Konstytucji RP

The aim of the publication is the clarification of the formulation “under the authority of the Republic” used in Article 37 of the Constitution of the Republic of Poland. This provision was inspired by analogical clauses inserted to international human rights treaties. The formula under consideration pertains to the complete sphere of Polish territorial jurisdiction as well as to the sphere of Poland’s effective extraterritorial jurisdiction. Submission to the authority is a gradable quality and concerns not so much persons but rather legal and factual situations with their involvement. The scope of rights which have to be guaranteed to a specific person is defined by the principle of adequacy between effective power and constitutional rights.

Conscientious Objection Before the Indonesian Constitutional Court

The issuance of Indonesia’s Law No. 23 of 2019 on the Management of National Resources for State Defense (PSDN Law) sparked a national debate on conscription and conscientious objection. Consequently, a coalition of civic society organizations submitted the PSDN Law before the Constitutional Court for judicial review. They argued that the PSDN Law violates the Indonesian Constitution’s Article 28 on human rights protection. One of the legal submissions is based on the argument that the PSDN Law deliberately ignores human rights in order to provide reserve and backup components to the military. This argument is supported by Article 18 of the International Covenant on Civil and Political Rights (ICCPR) and the ICCPR’s General Comment No. 22 of 1993 paragraph 11, justifying conscientious objection as an inherent human right. The analysis in this paper is mainly uses the legal positivism paradigm and the human rights-based approach. This paradigm provides a framework for analyzing how the PSDN Law generates a distinctive legal feature for Indonesia’s legal system. In line with Article 28 of the Indonesian Constitution, the Constitutional Court should explicitly assess the preservation of civil rights. It may be claimed that conceivable legal gaps (norm versus reality) and legal loopholes add to the Constitutional Court’s obligation to consider the omission of conscientious objection recognition. This article argues the Constitutional Court should adjudicate on the issue of citizens being conscripted as reserve and backup components in situations of military threats, hybrid threats and/or non-military threats. This research further maintains that the Constitutional Court should recognize the existence of conscientious objection as an inherent human right, as a form of judicial activism. In accordance with the doctrine of judicial activism, the Court could resolve and offer solutions to the existence of conscientious objection as a democratic civil right. The Court should also determine the area, scope, application and orientation of conscientious objection as a distinct feature of human rights based on Indonesia’s context and perspective on defense required by international human rights treaties, conventions, or general comments on such instruments.

Three Decades of CEDAW Committee General Recommendations

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is the most prominent, although not flawless, women’s rights treaty. Yet, the slow, haltered or even backward steps we have witnessed with regard to gender equality beg the question, what role can cedaw play in delivering a more transformative set of gender-responsive laws at the domestic level? This article is centred on the two-fold goal of stronger domestication of women’s rights norms and the provision of more systematic standards to enhance treaty body reporting. With these goals in mind, this article offers the results of a structured analysis of the CEDAW Committee’s 38 General Recommendations issued between 1986 and 2020, in order to establish a roadmap for the enactment of gender-responsive domestic laws and policies grounded in women’s rights norms. Seven core demands or ‘criteria’ emerge and serve to guide States Parties towards achieving gender-responsive legal and policy reform. At a key juncture in CEDAW’S history and at a moment when, in the eyes of some, international human rights treaties may prove inadequate to manage today’s threats to fundamental human rights, these seven priorities not only provide a viable, scalable and evidence-based roadmap to inform the enactment of gender-responsive domestic laws but they also create a basis for enhanced reporting to and compliance with CEDAW.

Artificial intelligence in healthcare: Threats to the fundamental values of our society

Abstract Summary The article deals with the ethical and legal aspects of the use of artificial intelligence in healthcare. The author analyses key threats to the fundamental values held by the majority of democratic society and the human rights guaranteed by international human rights treaties, such as the European Convention on Human Rights. Emphasis is placed, in particular, on the risk of restricting patients’ autonomy due to an insufficient regulation of the use of clinical decision-support systems, a lack of humanistic care due to excessive use of care robots, a decline in human skills in specific fields of medicine, such as radiology, and the violation of privacy by extensive surveillance of social media. The article provides an overview of the benefits of artificial intelligence for healthcare, but also warns of the downsides, with the aim to encourage a debate that would lead to reasonable legal regulation.

The Right to Political Participation of Ethnic Minority Women in Vietnam

Abstract Political participation is one of the fundamental human rights widely recognised in core United Nations international human rights treaties. As an active and responsible member of the international community, Vietnam has continuously endeavoured to enforce international commitments and create a legal environment for the equal enjoyment of the political rights of all people, particularly women. However, given the gender characteristics and social stereotypes that have existed for many generations, ethnic minority women and girls are always at a disadvantage within the family and outside society. They face discrimination and compound inequality – both on the grounds of ethnicity and gender – in their living environment. It affects their accessibility, participation and enjoyment of their rights, including the right to participate in politics. This article will study the compatibility between international law and Vietnam’s policies in ensuring the political rights of ethnic minority women. It also identifies barriers to the enjoyment of their right to political power and makes recommendations to improve ethnic women’s position and voice in political life.

Why neoliberal ideology, privatisation, and other challenges make a reframing of the right to education in international law necessary

ABSTRACT Changed circumstances since the adoption of the primary international human rights treaties, a multitude of scattered education rights norms, and distinct new challenges require a ‘reframing’ of the right to education in international law. Challenges which have led to a global crisis in education include privatisation; the ignored extraterritoriality of states’ international human rights obligations; poverty and a(n) (ostensible) lack of resources; non-acceptance of ‘otherness’, inequality, and exclusion; and unsustainable development. All these ‘phenomena’ have their ultimate basis in neoliberal ideology. Critiquing neoliberalism, this article proposes that, while in some instances it may be necessary to create new or amend existing international hard law, generally a ‘softer law’ type of document – a (revised) General Comment by, for example, the U.N. Committee on Economic, Social and Cultural Rights or an international expert document – should consolidate and further develop international law on the right to education. While the analysis draws the contours of an overall reform agenda, a special focus will be on the issue of privatisation, demonstrating that even the recent adoption of the expert Abidjan Principles cannot be seen as having completed (part of) the codification process.

Learning in the shadow of eugenics: Why segregated schooling persists in Australia

Inclusive education is a global priority and binding obligation for Australia to meet as a signatory to international human rights treaties. It is also supported by evidence as an effective model of schooling for all students and supporting those with disability. Yet segregation remains deeply embedded within the education systems of all states and territories and the Australian Government has indicated its commitment to retaining it. In this article, I present a policy analysis using the concept of path dependency to identify historical events that created this dual track of segregated and regular education settings as well as the mechanisms that maintain it. I show that eugenic anxieties were fundamental in the formalised creation of segregated education settings. I also show that their expansion was fuelled by the rise of disability assessments, particularly the assessment of intellectual disability, and remain embedded in current policy even when they are antithetical to its goals. I conclude with suggestions for how this might be overcome and what it might take to achieve an inclusive education system in Australia.

ÇOCUK HAKLARI SÖZLEŞMESİNE TARAF OLMAYAN ÜLKE: AMERİKA BİRLEŞİK DEVLETLERİ

1990 yılında yürürlüğe giren Birleşmiş Milletler (BM) Çocuk Haklarına Dair Sözleşme, uluslararası insan hakları belgeleri arasında en yaygın kabul gören Sözleşme konumundadır. Amerika Birleşik Devletleri, mezkûr Sözleşmenin hazırlanmasında aktif olarak yer almış ve diğer ülkelerin Sözleşmeyi imzalaması ve onaylaması için girişimlerde bulunmuştur. Bununla birlikte, ABD, BM üyesi bütün ülkeler (196 ülke) içinde Sözleşmeye taraf olmayan tek ülkedir. ABD, Sözleşmenin hazırlanmasındaki öncü rolü ve yöneltilen bütün eleştirilere rağmen Sözleşmeye taraf olmama tutumunu sürdürmektedir. 
 Aile kurumuna zarar verme ve ebeveynlerin çocuklarını kendi inançlarını göre yetiştirme hakkını ihlal etme iddiaları başta olmak üzere ABD’nin mezkûr Sözleşmeye neden taraf olmaması ile ilgili temel argümanların Türkiye kamuoyuna bilimsel anlamda ilk defa taşınıyor olması bu çalışmayı önemli kılmaktadır.

Diagnosis of Abortion Laws in Nigeria and Human Rights Trajectory: Lessons from Great Britain and United States of America

Abortion is the termination of pregnancy before its birth for whatever reason. The present study is concerned with therapeutic abortion which is criminalized in Nigeria been the focus of this study. The Nigerian societal attitude to abortion is one of stereotyped stigmatization notwithstanding the validity of the reasons. The aim of the study is to examine the trajectory between abortion laws and human rights in Nigeria and the lessons Nigeria can learn from Great Britain and United States jurisdictions. The objective is to interrogate the extant abortion laws with a view to locating their inadequacies in the area of both the African and international human rights concerns of sexual and reproductive health of women on abortion rights. Using doctrinal design by reliance on primary and secondary sources analysed through deductive reasoning based on extant statutes and case law, this study interrogated the extant abortion laws in Nigeria in juxtaposition with the British and the United States legal framework on abortion as well as critical examination of the African and international human rights jurisprudences, and found out that the current position of abortion law in Nigeria is not in the same wavelength with both the African and international human rights jurisprudences on sexual and reproductive health rights of females to access safe abortions implicit in the fundamental rights and freedoms of privacy, non-discrimination, right to life, good health and bodily autonomy as it relates to unwanted pregnancies induced by other factors such as rape, incest or severe foetus abnormalities. The study recommended law reform by using the models provided by the British and United States legal framework to allow women access to legal abortion in deserving cases in conformity with African and international human rights treaties.