State Compliance Research Articles

Precedent of the Inter-American Court of Human Rights: State Compliance and Judicial Performance in Brazil, Colombia, Argentina, Chile, and Bolivia

Precedent of the Inter-American Court of Human Rights: State Compliance and Judicial Performance in Brazil, Colombia, Argentina, Chile, and Bolivia

Lei do acompanhante na mídia: a pandemia e suas implicações nos direitos do parto

Abstract Pregnant women have the right to a companion of their choice during hospitalization, pre-delivery, delivery and postpartum, a right assured nationwide by Law no. 11,108, implemented in 2005. However, health protocols have restricted these rights on the grounds of mitigating the COVID-19 pandemic. Hence, this study sought to understand the approaches, actors involved, and arguments presented about noncompliance with the Companion Law during the COVID-19 pandemic by analyzing G1 Portal news articles published from March 2020 to April 2022, using the map feature. Results show that failure to comply with the aforementioned law occurred most often in the first half of 2020, justified by biosafety issues, lack of budget for purchasing personal protective equipment, and the atypical moment. In several places legal intervention was necessary for compliance, becoming a journalistic agenda, with the most emblematic case happening in Tocantins, where the veto lasted until April 2022. Analysis showed a discrepancy regarding law compliance in several municipalities and states, despite the Ministry of Health and several legal bodies having issued opinions and protocols recommending the presence of a companion.

THE POLITICAL CONDITIONALITY IN THE ENLARGEMENT OF EUROPEAN UNION: THE CYPRUS CASE

The political conditionality is an effective strategy of the EU enlargement policy, and it aims to provide a democratic bridge between candidate member states and the EU. Besides using the political conditionality, the EU assumes confirmation of democracy by the compliance of member states. Accordingly, the following question may arise ''why the political conditionality is the major strategy for EU?'' which is outlined in Article 6, 1: ''The Union founded on the principles of liberty, democracy, and respect for human rights, fundamental freedom, and legislation, principles which are common to the EU Member States.'' An article aims to explain how enlargement policies of the EU should follow the strategy of political conditionality. This paper will critically evaluate; the consequences of EU enlargement in 2004 and its effectiveness over candidate states. The main focus will be on the application of political conditionality in Cyprus and its correctness. Accordingly, the papers seek to analyze first how the EU's political conditionality was applied through the 2004 enlargement process and then on which grounds of political conditionality couldn't illustrate its effectiveness in the case of Cyprus

IMPACT OF THE EURO CRISIS ON EUROPEAN ECONOMIC INTEGRATION

The purpose of this research is to determine the impact of the euro crisis on European economic integration processes and to review the measures that are being taken in order for the single currency area to come out of the crisis, to remove its causes and to establish deeper economic integration between member states EU. In addition, the paper presents an overview of theoretical positions on the euro crisis, as well as the problem of crisis interpretation. On the basis of theoretical scientific findings, a conceptual research model was identified in the paper, which determined the connection between the euro crisis and the dimensions of European economic integration. European economic integration are observed through four dimensions: Single market, 2) Level of economic homogeneity between EU member states, 3) Symmetry of policies of EU member states and the degree of correlated business cycles within the EU and 4) Compliance of member states with common institutional achievements and EU legal acquis. The euro crisis is observed through three dimensions: 1) banking crisis, 2) debt crisis and 3) growth and competitiveness crisis.

Implementation of the Decisions and Judgments of African Regional Human Rights Tribunals: Reflections on the Barriers to State Compliance and the Lessons Learnt

There are three main regional human rights tribunals (HRTs) in Africa, namely the African Commission, the African Court and the African Committee of Experts on the Rights and Welfare of the Child. In addition to these, there are political bodies within the African Union responsible for implementing human rights mandates as well as several sub-regional courts established for the primary purpose of adjudicating trade disputes and facilitating political integration which have issued notable human rights decisions and judgments. Accordingly, Africa is not lacking in human rights jurisprudence. What is lacking, however, is genuine commitment on the part of state actors to implement the decisions and judgments of the various human rights bodies. This article examines the factors responsible for slowing down the pace and rate of state compliance in Africa. It argues, among other things, that compliance with HRTs' decisions in Africa has been limited due to poor supervision mechanisms, weak domestic infrastructures, weak state institutions caused by 'strong men syndrome' and poor observance of the rule of law, poor institutional designs of regional and sub-regional HRTs, lack of awareness and erroneous perceptions about international human rights system, ineffective follow-up as well as a poor system of governance in many states in Africa among other factors. The article notes that attitudinal barriers and erroneous perceptions about international human rights system are central to the various barriers and thus adequate attention should be given to changing negative attitudes and perceptions among states actors and members of the public in the various African states.

The Universal Periodic Review: A Catalyst for Domestic Mobilisation

ABSTRACT At its introduction in 2006, scholars were sceptical of the United Nations (UN) Universal Periodic Review (UPR), doubting whether its cooperative, ‘soft law’ approach would be able to affect positive changes to states’ human rights practices. Yet research on its three cycles to date is replete with evidence of the mechanism’s impact. What accounts for this? The theory of acculturation, which highlights states’ socialisation, is the most salient explanation posed in UPR scholarship. This article argues that while acculturation is an otherwise compelling account, it fails to recognise the vital role domestic actors play in affecting state compliance and, particularly, the success of the UPR. The domestic mobilisation theory, which emphasises the influence of national politics and players on compliance, is forwarded as an alternative lens through which to grasp the UPR’s impact. A review of existing research on the UPR reveals the mechanism to be a catalyst for mobilisation, providing leverage and an opportunity for dialogue between domestic actors and governments. Appreciating the UPR’s value in this way has implications for scholars and practitioners engaging it.

The Structural Power of the State-Finance Nexus: Systemic Delinking for the Right to Development.

The current era of financial hegemony is characterized by a dense financial actor concentration, an exacerbated reliance of many South countries on private credit and an internalized compliance of South states to financial market interests and priorities. This structural power of finance enacts itself through disciplinary mechanisms, such as credit ratings and economic surveillance, compelling many South states to respond to creditor interests at the expense of peoples’ needs. As a human rights paradigm, the Declaration on the Right to Development has the active potential to redress the structural power of finance and the distortion of the role of the state through upholding the creation of an enabling international environment for equitable and rights-based development on two levels of change. First, structural policy reforms in critical areas of debt, fiscal policy, tax, trade, capital flows and credit rating agencies. Second, systemic transformation through delinking as articulated by dependency theorist Samir Amin, which entails a reorientation of national development strategies away from the imperatives of globalization to that of economic, social, and ecological priorities and interests of people.

Examining compliance with domestic human rights bodies: The case of truth commission recommendations

Human rights compliance research neglects recommendations from national human rights institutions and other domestic bodies. In particular, the implementation of recommendations issued by temporary truth commissions remains underexplored. We use data from Skaar et al. (2022a) to address this gap. Specifically, we apply multilevel ordered logistic regression to data on the implementation of recommendations made by 11 Latin American truth commissions to measure state compliance. We find that compliance is lower when truth commissions issue many recommendations. Backward-looking recommendations are more infrequently implemented. Conversely, legal reform recommendations are more likely to be implemented. Finally, variables commonly associated with truth commission success, such as the nature of the transition and civil society strength, are not significant. Thus, we advance understanding of human rights compliance and offer prescriptions for how truth commissions should craft their recommendations and, ultimately, maximize their impact.

Axiological-legal dimension of the rule of law

The article is devoted to the study of the rule of law as an axiological and legal core of professional advocacy. The necessity of using the axiological approach to reveal the significance of the principle of the rule of law as an axiological-legal attribute of professional advocacy is substantiated. In this context, the understanding of the basic principles on which a lawyer is based in the process of implementing the rule of law in his professional activity has been improved. Therefore, the main legal acts regulating the professional activity of a lawyer, and through which the red thread is the principle of the rule of law, designed to harmonize public relations. During the study, it was argued that the rule of law permeates the entire structure of legal regulation of social relations. The primary significance of the rule of law as a principle for advocacy is that it (rule of law) harmonizes other principles, eliminates contradictions in their application and fills the principles of advocacy with the so-called real practical content, ie applicable in the daily practice of each lawyer. One of the most important independent, self-governing institutions of civil society is to participate in the administration of justice, provide legal aid on a professional basis, perform its public legal function of monitoring state compliance with the rule of law and implement the rule of law. As forerunners of the rule of law, lawyers must also take care of their own professional reputation and the authority of the legal community as a whole. Finally, the emphasis is on the fact that the rule of law is a super-principle, a guiding legal doctrine on which all other principles of advocacy depend.

MONITORING KEPATUHAN NEGARA PESERTA KONVENSI PENGUNGSI MELALUI SISTEM MONITORING HAM INTERNASIONAL

This study aims to find out how to monitor the compliance of countries participating in the convention through an international human rights monitoring system. This research is a normative legal research. The approaches used in this research include the statutory approach and the case approach, which are obtained from legal materials conducted through a literature study. Based on research, it is known that there is no monitoring system for state compliance with a convention, in this case the refugee convention. Reservations in conventions are often excluded on grounds of State ownership. On the other hand, refugees themselves have the same human rights as other human rights. International human rights monitoring mechanisms consist of treaty-based mechanisms and charter-based mechanisms. The international human rights monitoring system is the one most closely related to the supervision of participating countries/monitoring of the 1951 Convention considering the system between refugees and the human rights attached to it. In this case, the international human rights monitoring mechanism that can be used is a mechanism based on a treaty or a mechanism based on an international agreement. Keywords: Refugee Monitoring; Internasional Human Right Mnitoring; Refugee Convention

Raising the Bar: The Role of the Reporting Procedure of the United Nations Human Rights Committee in the Protection of Human Rights in Africa

The United Nations Human Rights Committee (HRC) is saddled with the responsibility of supervising the implementation of the provisions of the ICCPR by its state parties. However, it is only the reporting procedure that mandates each state party to submit a report to the HRC periodically, outlining the steps it has taken to fulfil its obligations to the treaty. Over the years, it was observed that states tend to embellish these reports before submitting them to the HRC because it had no means of checking the veracity of the contents of the reports. Consequently, the HRC has continued to introduce novel ways of checking the accuracy of the state parties’ reports, which includes the Committee partnering with National Human Rights Institutions (NHRIs) and Non-Governmental Organisations (NGOs) within the territories of state parties. This is to monitor the implementation of the provisions of the ICCPR and submit alternative reports to the HRC for it to have a more objective perspective on the level of the state compliance. To examine the effectiveness of the reporting procedure among African state parties, two states (Morocco and Rwanda) have been selected with the aim of gauging the effect of the reporting procedure in influencing state parties to fulfil their obligations to the treaty. In the course of the study, the jurisprudence of the HRC and domestic legislation of states were analysed and it is observed that for the HRC to be more effective it needs more visibility, especially within the African Continent.

The Conditional Effectiveness of Soft Law: Compliance with the Decisions of the Committee against Torture

The article examines the record of compliance with the UN Committee against Torture’s decisions in individual complaints cases. Theoretically, I expect that compliance will be the outcome of a combination of normative and rationalist factors: States committed to human rights protection will comply even in the absence of enforcement but only as long as compliance costs remain relatively low. Using a data set covering all adverse decisions issued until 2018 and information on their compliance status, I employ fuzzy-set qualitative comparative analysis to identify necessary and sufficient conditions for the outcomes of compliance and noncompliance. The analysis reveals that the conditions tested—liberal democracy, nonuse of political terror, violation type, and strong civil society—are in part individually (near-)necessary and jointly sufficient for compliance, while the presence of their complements is consistent with noncompliance. The Committee against Torture thus appears to be able to elicit (some) state compliance with its decisions, if mostly only with respect to certain kinds of states and select types of violations.

A comparison of state compliance with reparation orders by regional and sub-regional human rights tribunals in Africa: case studies of Nigeria, The Gambia, Tanzania, Uganda and Zimbabwe

ABSTRACT This article compares second-order state compliance in respect of regional and sub-regional human rights tribunals (HRTs) in Africa. Using as its unit of analysis the compliance orders issued by these HRTs, the article analyses state compliance with 75 such orders contained in 32 decisions of six selected HRTs, decided in the period between 1 January 2000 and 31 December 2015, in five states – Nigeria, The Gambia, Tanzania, Uganda and Zimbabwe. Based on available data supplemented by in-depth interviews conducted between July 2015 to December 2018, the study establishes the compliance status of the 75 reparations orders. The authors advance the notion of ‘aggregate compliance’, which accords weight to both full and partial compliance, as a suitable yardstick to compare state compliance. Finding that 29 percent aggregate compliance was recorded with respect to reparations orders issued against the selected states by African sub-regional HRTs, compared to 33 percent aggregate compliance with respect to regional HRTs, the study concludes that the hypothesis that the studied states comply better with decisions of African sub-regional HRTs than regional HRTs cannot be substantiated. It argues that the defining factors for compliance are state-level characteristics, the nature of the reparation orders and the effectiveness of follow-up.

OPERASI MILITER SELAIN PERANG (OMSP) TNI UNTUK MENGATASI AKSI TERORISME DALAM PERSPEKTUF HAM DAN PENEGAKAN HUKUM

In the effort to eradicate terrorism, the security dimension is thick in the policy of eradicating terrorism. Civil society is worried about the material of the 2018 Law Number 5 concerning the Eradication of Criminal Acts of Terrorism, it is considered that the Act can reduce the level of state compliance with respect, protection, and fulfillment of human rights in eradicating terrorism, in addition to the effectiveness of the method of eradicating terrorism. The purpose of this study is to provide an overview and analysis of the form of the threat that has undergone a shift that requires the army as the main component of the defense system to reposition itself by placing itself in the right position in the midst of the dynamics of developing threats. The method in this research is normative juridical through a comprehensive study by taking sources from regulations and laws, while empirical juridical research is a study based on observations on threats involving the TNI. The theory used is the Theory of Authority and Theory of Rule of Law as the theoretical basis for the analysis of the main problems regarding the change of the army from a conqueror to a professional soldier. The military does not intervene in politics and conversely there is no political intervention in the military. Law of 2004 Number 34 concerning the TNI states that the Indonesian National Army was built and developed professionally according to the country's political interests, referring to the principles and values of democracy, human rights, civil supremacy, provisions of national and international laws that have been ratified.

Implementation of Humanitarian Law in Military Operations to Support the Achievement of the Indonesian Armed Forces Main Duties

In the effort to eradicate terrorism, the security dimension is thick in the policy of eradicating terrorism. Civil society is worried about the material of the 2018 Law Number 5 concerning the Eradication of Criminal Acts of Terrorism; it is considered that the Act can reduce the level of state compliance with respect, protection, and fulfillment of human rights in eradicating terrorism in addition to the effectiveness of the method of eradicating terrorism. The purpose of this study is to provide an overview and analysis of the form of the threat that has undergone a shift that requires the army as the main component of the defense system to reposition itself by placing itself in the right position in the midst of the dynamics of developing threats. The method in this research is normative juridical through a comprehensive study by taking sources from regulations and laws, while empirical juridical research is a study based on observations on threats involving the TNI. The theory used is the Theory of Authority and Theory of Rule of Law as the theoretical basis for the analysis of the main problems regarding the change of the army from a conqueror to a professional soldier. The military does not intervene in politics, and conversely, there is no political intervention in the military. Law of 2004 Number 34 concerning the TNI states that the Indonesian National Army was built and developed professionally according to the country's political interests, referring to the principles and values of democracy, human rights, civil supremacy, provisions of national and international laws that have been ratified.

State compliance with decisions of the African Court: the case of Alfred Agbesi Woyome v Ghana

ABSTRACT:
 Ghana is a state party to the African Charter on Human and Peoples’ Rights and the Protocol thereto on the Establishment of an African Court. In the case of Alfred Agbesi Woyome v Ghana, the African Court on Human and Peoples’ Rights ruled that Ghana should stay execution of a judgment debt against the applicant until the final determination of the substantive case before the African Court on its merits. The Ghanaian Supreme Court disregarded this ruling and ordered that Ghana should continue the process of identifying and attaching assets owned by the applicant to defray the judgment debt. In analysing the Ghanaian Court’s decision, this case commentary finds that the lack of compliance with the orders of the African Court negatively affects respect accorded to this regional judicial institution.
 
 TITRE ET RÉSUMÉ EN FRANCAIS:
 L’exécution des décisions de la Cour africaine par les Etats: cas de l’affaire Alfred Agbesi Woyome c. Ghana
 RÉSUMÉ:
 Le Ghana est un État partie à la Charte africaine des droits de l’homme et des peuples et a reconnu la compétence de la Cour africaine des droits de l’homme et des peuples. Dans l’affaire Alfred Agbesi Woyome c. Ghana, la Cour africaine a décidé que le Ghana devait surseoir à l’exécution d’un arrêt condamnant le requérant à rembourser une dette jusqu’à ce qu’elle juge l’affaire portée devant elle au fond. La Cour suprême du Ghana a ignoré la décision de la Cour africaine et a ordonné que le Ghana poursuive le processus d’identification et de saisie des actifs appartenant au demandeur afin de rembourser la dette. En analysant la décision de la juridiction ghanéenne, cette contribution constate que le non-respect des ordonnances de la Cour africaine affecte négativement le respect accordé à cette institution judiciaire régionale.

The (un)willingness to implement the recommendations of the African Commission on Human and Peoples’ Rights: revisiting the Endorois and the Mamboleo decisions

ABSTRACT: While many commentators have critiqued the lack of enforcement and monitoring mechanisms with the African human rights system, there have only been a few contributions that focus their analysis on the implementation of the recommendations provided by the African Commission on Human and Peoples’ Rights. This lacuna means that little is actually known of the status of state compliance. The purpose of this article is to address the issues of implementation and compliance by examining in detail the ‘aftermath’ of two decisions of the African Commission: Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v Kenya (Endorois) and Mr Mamboleo M Itundamilamba v Democratic Republic of Congo (Mamboleo). By analysing the way state parties have reacted to these findings, the article aims to shed some light on the effectiveness of the mechanisms set up to monitor compliance, highlights the arguments used by state parties when refusing to implement the recommendations of the African Commission and examines the ways in which implementation is avoided.
 TITRE ET RÉSUMÉ EN FRANCAIS: Volonté ou absence de volonté dans la mise en œuvre des recommandations de la Commission africaine des droits de l'homme et des peuples: Évaluation des affaires Endorois et Mamboleo
 RÉSUMÉ: Bien que des nombreux commentateurs ont critiqué l’absence de mécanismes d’application et de suivi de recommandations dans le système africain des droits de l’homme, seulement quelques contributions se sont appesanties sur la mise en œuvre des recommandations de la Commission africaine des droits de l’homme et des peuples. Cette lacune signifie que l'on en sait peu sur le statut de conformité des États vis-à-vis desdites recommandations. Cet article vise à combler ce vide en examinant en détail les ‘conséquences’ de deux décisions de la Commission africaine: Centre for Minority Rights Development (Kenya) et Minority Rights Group (au nom du Endorois Welfare Council) c. Kenya (Endorois) et Mamboleo M Itundamilamba c. la République démocratique du Congo (Mamboleo). En analysant la manière dont les États parties ont réagi aux recommandations de la Commission, cet article fait une lumière sur l’efficacité des mécanismes mis en place pour veiller au respect des recommandations, présente les arguments invoqués par les États parties lorsqu'ils ont refusé de mettre en œuvre les recommandations de la Commission africaine et examine la manière dont les États évitent de mettre en œuvre les recommandations. l’homme et des peuples. Cette lacune signifie que l'on en sait peu sur le statut de conformité des États vis-à-vis desdites recommandations. Cet article vise à combler ce vide en examinant en détail les ‘conséquences’ de deux décisions de la Commission africaine: Centre for Minority Rights Development (Kenya) et Minority Rights Group (au nom du Endorois Welfare Council) c. Kenya (Endorois) et Mamboleo M Itundamilamba c. la République démocratique du Congo (Mamboleo). En analysant la manière dont les États parties ont réagi aux recommandations de la Commission, cet article fait une lumière sur l’efficacité des mécanismes mis en place pour veiller au respect des recommandations, présente les arguments invoqués par les États parties lorsqu'ils ont refusé de mettre en œuvre les recommandations de la Commission africaine et examine la manière dont les États évitent de mettre en œuvre les recommandations.
 
 TITRE ET RÉSUMÉ EN FRANCAIS: Volonté ou absence de volonté dans la mise en œuvre des recommandations de la Commission africaine des droits de l'homme et des peuples: Évaluation des affaires Endorois et Mamboleo
 RÉSUMÉ: Bien que des nombreux commentateurs ont critiqué l’absence de mécanismes d’application et de suivi de recommandations dans le système africain des droits de l’homme, seulement quelques contributions se sont appesanties sur la mise en œuvre des recommandations de la Commission africaine des droits de

The European Court of Human Rights (ECtHR) vis-à-vis amnesties and pardons: factors concerning or affecting the degree of ECtHR’s deference to states

ABSTRACT States have adopted amnesties/pardons concerning serious human rights violations to transition from crises, dictatorships, or conflicts worldwide, including Europe. Although the ECtHR has yet to review amnesties/pardons directly, it has increasingly decided on the effects of amnesties/pardons on the rights of individuals. Thus, the main research question herein is to identify which factors may determine whether and to what extent the ECtHR defers to states regarding amnesties/pardons in cases of serious human rights violations, namely, factors concerning or affecting the degree of ECtHR’s deference to states in these cases. Based on ECtHR’s jurisprudence on amnesties/pardons, this article argues and finds that these factors generally are: the national process of adoption, application, and/or validation of amnesties/pardons; consideration of the margin of appreciation or discretion given to states; state compliance with international obligations on human rights; and potential impact on transitions to peace, reconciliation, democracy, and/or the rule of law. This article aims to fill a gap in scholarship by proposing an explicit, detailed, and analytical systematization of factors that, in light of ECtHR’s jurisprudence, may explain whether and to what extent the ECtHR defers to states in cases of amnesties/pardons concerning serious rights violations, including identification of ECtHR’s (emerging) jurisprudential trends.

Antimonopoly Compliance in the Member States of the Eurasian Economic Union (Legal Aspects of Practical Application)

The article is devoted to the following issues: application of the antitrust compliance institute in the member states of the Eurasian Economic Union (EAEU); inclusion in the law of the EAEU of provisions related to the institution of antitrust compliance: the development of international standards of antitrust compliance. The main goal of the study was to determine the place of the antimonopoly compliance institute in the system of competition development in the EAEU member states. To achieve this goal, the author made a comparative analysis of the formation of antitrust compliance in the EAEU member states, studied the dynamics of the introduction of antitrust compliance in the practical activities of economic entities.

Structural incorporation of lanthanides (La, Eu, and Lu) into U3O8 as a function of the ionic radius

The International Atomic Energy Agency implements safeguard measures to verify the compliance of Member States to their international legal obligations using nuclear material and technology only for peaceful purposes. These safeguard measures, i.a., include analytical measurements of individual micrometer- and submicrometer particles taken by the IAEA on swipe samples during safeguard inspections at nuclear facilities. To ensure the quality control of the analytical results from particle analysis and to further develop mass spectrometric analysis methods, microparticles with well-defined properties as microparticulate reference materials are required. Therefore, mixed lanthanide/uranium oxide microparticles were produced as a first step towards composite reference materials with small amounts of fission products, Pu or Th. A deep understanding of the incorporation mechanisms of dopants into U3O8 structure is essential in this regard. Therefore, bulk-scale comparison materials were produced and doped with lanthanides by co-precipitation methods and systematically investigated by TG, XRD, and Raman. These results will be integrated into the particle production process to design well-defined microparticulate mixed-oxide reference materials.Graphical abstract