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Showing papers on "Fundamental rights published in 2000"



Journal ArticleDOI
TL;DR: In contrast to most international regimes, human rights regimes are not generally enforced by interstate action as discussed by the authors, and the distinctiveness of such regimes lies instead in their empowerment of individual citizens to bring suit to challenge the domestic activities of their own government.
Abstract: The e ftieth anniversary of the UN Universal Declaration on Human Rights marks an appropriate moment to reconsider the reasons why governments construct international regimes to adjudicate and enforce human rights. Such regimes include those established under the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), the Inter-American Convention on Human Rights, and the UN Covenant on Civil and Political Rights. These arrangements differ from most other forms of institutionalizedinternational cooperation in both their ends and their means. Unlike international institutions governing trade, monetary, environmental, or security policy, international human rights institutions are not designed primarily to regulate policy externalities arising from societal interactions across borders, but to hold governments accountable for purely internal activities.In contrast to most international regimes, moreover, human rights regimes are not generally enforced by interstate action.Although most arrangements formally empower governments to challenge one another, such challenges almost never occur. The distinctiveness of such regimes lies instead in their empowerment of individual citizens to bring suit to challenge the domestic activities of their own government. Independent courts and commissions attached to such regimes often respond to such individual claimsby judging that the applicationof domestic rules or legislationviolates international commitments,even where such legislationhas been

959 citations



Journal ArticleDOI
TL;DR: The human rights story: in the beginning - natural rights revolutions and declarations the 19th century - Bentham, Marx and the humanitarian impulse between wars - the League of Nations and Stalin's show trials H.G. Wells - what are we fighting for? the universal declaration of human rights.
Abstract: Part 1 The human rights story: in the beginning - natural rights revolutions and declarations the 19th century - Bentham, Marx and the humanitarian impulse between wars - the League of Nations and Stalin's show trials H.G. Wells - what are we fighting for? the universal declaration of human rights. Part 2 The post-war world: 1946-76 - thirty inglorious years the human rights commission - a permanent failure? the civil covenant and its human rights committee some enforcement at last - the European convention, and other regions "realpolitik" rules OK the Srebrenica question. Part 3 The rights of humankind: making human rights rule - the international law paradox the Statue of Liberty safety of the person individual freedoms the right to fairness peaceful enjoyment of property. Part 4 21st century blues: freedom from execution death penalty safeguards minority rights indigenous peoples self-determination economic and social rights a right to democracy?. Part 5 War law: in search of the just war the Geneva Conventions good conventions - chemical, nuclear and conventional weapons, and landmines the dogs of war. Part 6 An end to impunity?: the Nuremberg legacy international criminals - pirates, slavers and kaisers the Nazi leaders -summary execution? the trial judgement day victors' justice? towards universal jurisdiction (genocide, torture, apartheid). Part 7 Slouching towards nemesis: into this blackness the duty to prosecute the limits of amnesty truth commissions and transitional justice the case for retribution. Part 8: legal basis of the Hague tribunal how the tribunal operates the "Tadic case" individual responsibility. Part 9 The international criminal court: Rome 1998 - the statute international crimes the court the trial the future. Part 10 The case for General Pinochet: an arrest in Harley Street the state in international law sovereign immunity bring on the diplomats the law takes its course. Part 10 Epilogue: after Kosovo appendices.

384 citations


Journal ArticleDOI
TL;DR: In this article, the authors argue that thinking of rights in this weak and imprecise way, and not in their fullest sense as a means to access power, has had profoundly negative consequences for children.
Abstract: Children rights talk is inadequate because it fails to remedy the powerlessness of children. The author of this chapter contends that thinking of rights in this weak and imprecise way, and not in their fullest sense as a means to access power, has had profoundly negative consequences for children. The chapter begins with a brief overview of the role of capacity in rights theory and suggests that notions of competency exclude children from the class of rights holders. Furthermore, the rights talk also disadvantages other groups whose members seek to claim rights, and the chapter outlines some of the ways in which this occurs. Finally, the chapter concludes with a preliminary account of what rights should be and how they may account for the powerlessness of children. Keywords:children's rights; rights holders; rights talk; rights theory

372 citations


Journal ArticleDOI
TL;DR: The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective as discussed by the authors argues that judicial attention and approval for individual rights grows out of "deliberate, strategic organizing by rights advocates" (p. 2).
Abstract: Charles R. Epp, The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective. Chicago: University of Chicago Press, 1998. Pp. xv + 326 pages. $17.00 paper. The American judiciary has dramatically increased its protection for individual rights since the 1950s, when the United States Supreme Court began deciding and supporting a host of new constitutional claims, including freedom of speech and the press; rights against discrimination on the basis of race and sex; privacy rights; and due process rights in criminal and administrative proceedings. Critics and defenders of this dramatic increase in judicially proclaimed individual rights often attribute this transformation in the law to activist judges. In The Rights Revolution, Charles Epp challenges the view that activist judges are primarily responsible for the expansion of judicially protected individual rights in the United States. He also rejects theories that our rights revolution is attributable to the existence of a constitutional bill of rights or to a culture of rights consciousness. Although Epp concedes that all of these factors may contribute to rights revolutions, he asserts that organizations, lawyers, and money are indispensable ingredients. He argues that judicial attention and approval for individual rights grows out of "deliberate, strategic organizing by rights advocates" (p. 2). Strategic rights advocacy succeeds, he says, only when there is a "support structure" for legal mobilization consisting of organizations dedicated to establishing rights, committed and able lawyers, and sources of financing. Epp also ties his argument about the causes of the rights revolution to debates about whether judicially protected rights illegitimately interfere with democratic processes. Epp asserts that the strong support structure for individual rights claims in the United States reflected widespread support (p. 5) for individual rights. Therefore, he concludes, the process that produced the expansion of judicially protected individual rights is not undemocratic. Epp probably is correct that the support structure for rights advocacy was integral to the rights revolution in the United States and that it is essential for mobilizing legal rights in other liberal democracies as well. He makes an important contribution by challenging the conventional emphasis on judicial leadership and by explaining in detail how each element of the support structure-organized groups, willing and competent legal counsel, and financial resources-significantly contributed to strategic rights advocacy. He also introduces a helpful comparative element to the analysis of legal mobilization. His case studies of India, England, and Canada strongly suggest that other favorable conditions-an activist judiciary, a strong bill of rights, and a culture that frames disputes in terms of rights-may not be sufficient to generate a rights revolution in the absence of a strong support structure for rights advocacy. However, several weaknesses detract from the significant achievements of this book. Although Epp marshals substantial evidence suggesting that support structures are crucial for legal mobilization, his definition of legal mobilization excludes a large realm of rights activism that occurs outside the Supreme Court and, indeed, outside the courts altogether. Moreover, he relies primarily on one measure of legal mobilization to reduce and quantify his claim about the relationship between support structures and legal mobilization in the courts. Epp, in trying to isolate support structures from other favorable conditions to prove his thesis, underestimates how these factors are likely to influence one another. Finally, he does not adequately support his intriguing claim that the rights revolution in the United States was not undemocratic because it grew out of a broad-based support structure. Despite these limitations, Epp's book is significant, not only for what it accomplishes directly but also for the new research it is likely to spawn. …

349 citations


MonographDOI
01 Jan 2000
TL;DR: The genealogy of human rights is described in detail in this paper, where a brief history of natural law and its evolution from natural law to human rights can be found from 1789 to 1989.
Abstract: Part 1 The genealogy of human rights: the triumph of human rights a brief history of natural law 1 - the classical beginnings a brief history of natural law 2 - from natural law to natural rights natural right in Hobbes and Locke revolutions and declarations - the rights of men, citizens and a few others the triumph of humanity - from 1789 to 1989 and from natural to human rights. Part 2 The philosophy of human rights: the classical critiques of rights - Burke and Marx "subjectum" and "subjectus" - the free and subjected subject law's subjects - rights and legal humanism Hegel's law - rights and recognition psychoanalysis becomes the law - rights and desire the imaginary domain and the future of Utopia the human rights of the other the end of human rights.

337 citations


Book
10 May 2000
TL;DR: The fourth edition of David P Forsythe's successful textbook as discussed by the authors provides an authoritative and timely analysis of the place of human rights in an age of upheaval in international politics Human rights standards are examined at the global, regional and national levels, with separate chapters on transnational corporations and advocacy groups.
Abstract: This fourth edition of David P Forsythe's successful textbook provides an authoritative and timely analysis of the place of human rights in an age of upheaval in international politics Human rights standards are examined at the global, regional and national levels, with separate chapters on transnational corporations and advocacy groups Completely updated and revised, the fourth edition takes account of new sources and recent scholarship, as well as recent events, such as the Syrian war, the rise of ISIS, refugee flows, South Sudan crises, and the resurgence of nationalism A new chapter has been added on the media and human rights, covering both traditional and social media Examining attempts to protect human rights by various actors, such as the United Nations, the European Union, transnational corporations, and the media, the book stresses that the open-ended fate of universal human rights depends on human agency in this context Containing further reading suggestions and discussion questions, this textbook is a vital resource for courses on human rights in an international context

326 citations


Book
17 Apr 2000
TL;DR: The notion that all legally enforceable rights cost money is a practical, common sense notion, but one ignored by almost everyone as mentioned in this paper, who argue that to "fight for your rights" is not just to debate principles but to haggle over budgets.
Abstract: All legally enforceable rights cost money. This is a practical, common sense notion but one ignored by almost everyone. To "fight for your rights," or anyone else's, is not just to debate principles but to haggle over budgets. Most conservatives imagine that rights our exercised to property, speech, and religion "free" of government "interference". Yet such rights would not exist if the government could not collect taxes to codify, protect and enforce them. Meanwhile, most liberals prefer to avoid the harsh reality that spending resources on some rights means not spending them on other, perhaps more valuable, rights. The insights that rights are expensive is a reminder that freedom is not violated by a government that taxes and spends. Rather, freedom requires such government and requires a citizenry vigilant about how money is allocated. This work seeks to change the terms of the USA's critical and contentious political debates.

294 citations


Book
27 Jul 2000
TL;DR: Falk as discussed by the authors discusses the borderline between the promotion of human rights and interventionist and coercive diplomacy, and sheds important new light on non-Western attitudes toward human rights, the challenge of genocidal politics, the intersection of morality and global security, and the pursuit of international justice.
Abstract: In Human Rights Horizons, one of the world's foremost authorities on human rights and international relations maps out the way to a more just and human global society. Borders are being erased; democracy and capitalism are spreading. The world is rapidly changing, and these changes are opening the door for the promotion of human rights to become and integral part of worldwide politics and law.In his provocative new book, Falk discusses the borderline between the promotion of human rights and the promotion of interventionist and coercive diplomacy. Can the US and the UN find an acceptable balance between unnecessary, protracted violence (Somalia) and simply letting genocide spread (Rwanda)? While looking at specific cases, Falk also sheds important new light on non-Western attitudes toward human rights, the challenge of genocidal politics, the intersection of morality and global security, and the pursuit of international justice. Thoughtful and very accessibly written, Human Rights Horizons clearly presents a path to an original new humanitarian policy for the 21st century.

209 citations


Journal ArticleDOI
TL;DR: The United Nations Convention on the Rights of the Child was a great achievement and the rights strategy must continue to be pursued as mentioned in this paper, and a new Convention or Protocols needs to address many children whose rights are currently neglected, including disabled children, gay children, girl children and street children.
Abstract: The United Nations Convention on the Rights of the Child was a great achievement. The rights strategy must continue to be pursued. The Convention itself is an imperfect instrument and a new Convention or Protocols needs to address many children whose rights are currently neglected, including disabled children, gay children, girl children and street children. Rights themselves need rethinking, and so does the reporting and implementation process. Copyright © 2000 John Wiley & Sons, Ltd.

BookDOI
01 Jan 2000
TL;DR: The UN human rights monitoring system in action as mentioned in this paper is a system in crisis and it needs to be reform, which is the task of the human rights committee in the UN Human Rights Monitoring System.
Abstract: 1. The UN human rights treaty system: a system in crisis? James Crawford and Philip Alston Part I. The UN Human Rights Monitoring System in Action: 2. Individual chains in a world of massive violations: what role for the human rights committee? Henry Steiner 3. Decision-taking in the committee on the elimination of racial discrimination Michael Banton 4. The committee on the elimination of discrimination against women Mara R. Bustelo 5. The reporting process under the convention on the rights of the child Gerrison Lansdown 6. The committee on economic, social and cultural rights: catalyst for change in a system needing reform Scott Leckie 7. Country-orientated procedures under the convention against torture: towards a new dynamism Roland Bank 8. UN human rights reporting procedures: an NGO perspective Andrew Clapham Part II. National Influences and Responses: 9. Making human rights treaty obligations a reality: working with new actors and partners Anne Gallagher 10. Domestic implementation of international human rights treaties: Nordic and Baltic experiences Martin Scheinin 11. The domestic impact of international human rights: the Japanese experience Yuji Iwasawa 12. The role of human rights treaties in domestic law: the southern African experience John Dugard 13. Uses and abuses of the treaty reporting procedure: Hong Kong between two systems Andrew Byrnes 14. The United States and the international human rights treaty system: for export only? Stefanie Grant Part III. Regional and Sectoral Comparisons: 15. Reporting in the inter-American system of human rights protection Antonio Cancado Trindade 16. The reporting system of the European social charter David Harris 17. The role of reporting in international environmental treaties: lessons for human rights supervision Daniel Bodansky Part IV. Common Challenges for the Treaty Bodies: 18. The problem of overlapping among different treaty bodies Eric Tistounet 19. Bodies of knowledge: a diversity promotion role for the UN High Commissioner for human rights? Craig Scott 20. Treaty bodies in states of emergency: the case of Bosnia and Herzegovina Michael O'Flaherty 21. Ensuring effective supervisory procedures: the need for resources Elizabeth Evatt 22. Servicing and financing human rights supervision Markus Schmidt Part V. Looking into the Future: 23. Beyond 'them' and 'us': putting treaty body reform into perspective Philip Alston.

Book
09 Mar 2000
TL;DR: In this article, Europe's judges discuss the relationship between Treaty provisions and the national laws of the Member States and the general principles of law and fundamental rights, including the right of establishment and freedom to provide services.
Abstract: Preface 1. Europe's Judges PART I: LEGAL FOUNDATIONS 2. The jurisdiction of the Court 3. The relationship between Treaty provisions and the national laws of the Member States 4. The direct effect of Community legislation 5. European rights, national remedies 6. General principles of law and fundamental rights PART II: SUBSTANTIVE LAW 7. The free movement of goods 8. The free movement of workers 9. The right of establishment and freedom to provide services 10. Public policy, public service, and official authority 11. The free movement of persons and services: supplementing the basic principles 12. The law of competition 13. Equal treatment for men and women PART III: THE COURT'S GENERAL APPROACH 14. Methods of interpretation 15. Precedent 16. Judging Europe's Judges

Journal Article
TL;DR: The European Council's decision at its Cologne summit that a human rights charter should be drafted for the European Union because "[P]rotection of fundamental rights is a founding principle of the Union and an indispensable prerequisite for her legitimacy" as mentioned in this paper.
Abstract: It is tempting to understand the progress of European integration as a process of growing centrality of human rights in the European legal order: human rights as being ever more important for the ever closer union. The story has been told many times: although human rights did not figure in the original Treaties, they steadily gained in importance from the late 1960s on.1 This process appears to have accelerated recently. A most prominent piece of evidence is European Council’s decision at its Cologne summit that a human rights charter should be drafted for the European Union because “[P]rotection of fundamental rights is a founding principle of the Union and an indispensable prerequisite for her legitimacy.. . .There appears to be a need . . . to establish a Charter of fundamental rights in order to make their overriding importance and relevance more visible to the Union’s citizens.”2 The group entrusted with the task of developing a charter presented a “Draft Charter of Fundamental Rights of the European Union” on 21 September 2000.3 The solemn declaration of such a charter,4 whatever its provisional or its final legal status, might be part of an ongoing process that has the potential

MonographDOI
01 Jan 2000
TL;DR: In this paper, a conceptual analysis of gender and human rights under Islamic law, state law and international law is presented, and a specific examination of the nature of women's rights in the Islamic tradition is examined.
Abstract: "This study offers a conceptual analysis of gender and human rights under Islamic law, state law and international law, and extends this analysis to a specific examination of the nature of women's rights in the Islamic tradition. It explores the disparity between the theoretical perspective on women's rights and its application to Muslim jurisdictions, determined by elements of cultural practices, socio-economic Read more...

Journal ArticleDOI
TL;DR: In this paper, a sequential-choice bargaining model was developed to study the relationship between proposal and veto rights in the context of political bargaining, and it was shown that the value of these rights is heavily influenced by other features of the bargaining environment.
Abstract: Formal models of political bargaining generally emphasize the importance of the allocation of prerogatives such as proposal and veto rights among the bargainers. However, despite the importance of these arguments for the study of political institutions, little work has been done to clarify precisely what general roles each of these prerogatives play in generating political outcomes. In this article, I develop a sequential-choice bargaining model that incorporates very general allocations of both proposal and veto rights. The model helps clarify the important strategic distinctions between these rights and identify the conditions under which they have substantial impacts on outcomes. My analysis demonstrates how these prerogatives interact and how the failure to account for this interaction can lead to mistaken inferences about their individual effects. Finally, the model suggests that the value of these rights is heavily influenced by a number of other features of the institutional bargaining environment. he notion that the protocols for the production and adoption of policy proposals have profound effects on outcomes is hardly novel in political science. In the past two decades, dozens of models of various political institutions have been formulated that show how specific allocations of proposal rights-the ability to initiate new policies-and veto rights-the ability to block proposed policies-affect political outcomes. However, despite the general recognition of the importance of these prerogatives in political bargaining, there have been relatively few attempts to develop general propositions as to their effects. In this article, I develop a model of political bargaining designed to isolate the distinctions between the rights to make proposals and those to invoke vetoes. There are two main questions that I wish to address. First, what is the impact of how these rights are allocated across actors in a political bargaining situation? Secondly, what are the conditions under which one of these prerogatives are more valuable to a political actor than another?' To illustrate these questions concretely, consider the model of political bargaining first developed by Romer and Rosenthal (1978) and used in numerous applications to the study of political institutions. In the simplest version, two actors negotiate to change an exogenously given status quo policy. Prerogatives are allocated such that one player is allowed to make a proposal while the other may veto it. The game lasts for only a single period as the status quo remains in effect following any unsuccessful proposal. This model has a number of implications with regard to the effects of proposal and veto rights. The first is that policy often depends on which of the actors is the proposer and which is the vetoer. As long as there are policies that both actors prefer to the status quo, the outcome is determined by the

Journal ArticleDOI
TL;DR: In this article, the authors trace the linkages between constitutional values on the one hand and concepts, ideas, and institutions which are central to [various] traditions, and the base of support for fundamental rights can be expanded and the claim to universality vindicated.
Abstract: We must go back to listening. More thought and effort must be given to enriching the human rights discourse by explicit reference to other non-Western religions and cultural traditions. By tracing the linkages between constitutional values on the one hand and the concepts, ideas, and institutions which are central to [various] traditions, the base of support for fundamental rights can be expanded and the claim to universality vindicated. Mary Robinson, UN High Commissioner for Human Rights, Human Rights at the Dawn of the 21st Century'

Journal ArticleDOI
Thomas Pogge1
TL;DR: A comparative examination of four alternative ways of understanding what human rights are supports an institutional understanding as suggested by Article 28 of the Universal Declaration: Human rights are weighty moral claims on any coercively imposed institutional order, national or international Any such order must afford the persons on whom it is imposed secure access to the objects of their human rights.
Abstract: A comparative examination of four alternative ways of understanding what human rights are supports an institutional understanding as suggested by Article 28 of the Universal Declaration: Human rights are weighty moral claims on any coercively imposed institutional order, national or international (as Article 28 confirms) Any such order must afford the persons on whom it is imposed secure access to the objects of their human rights This understanding of human rights is broadly sharable across cultures and narrows the philosophical and practical differences between the friends of civil and political and the champions of social, economic, and cultural human rights When applied to the global institutional order, it provides a new argument for conceiving human rights as universal - and a new basis for criticizing this order as too encouraging of oppression, corruption, and poverty in the developing countries: We have a negative duty not to cooperate in the imposition of this global order if feasible reforms of it would significantly improve the realization of human rights

Book
22 Jun 2000
TL;DR: In this paper, negative and positive social rights and social rights are defined and discussed. But they do not consider the relationship between social rights negative/positive rights and their social benefits.
Abstract: Introduction Social rights Negative and positive rights Constitutional social rights Conclusion

Book
30 Nov 2000
TL;DR: The history of the Human Rights Act can be found in this paper, where the authors discuss the background to the human rights act, the CONVENTION RIGHTS Act, and its enforcement.
Abstract: VOLUME ONE PART I: THE BACKGROUND TO THE HUMAN RIGHTS ACT PART II: GENERAL PRINCIPLES UNDER THE HUMAN RIGHTS ACT PART III: THE CONVENTION RIGHTS PART IV: REMEDIES AND PROCEDURES VOLUME TWO UNITED KINGDOM MATERIALS EUROPEAN MATERIALS UNITED NATIONS MATERIALS DOMESTIC BILLS OF RIGHTS

Book ChapterDOI
TL;DR: Theorists of Critical Legal Studies (CLS) have argued that the abstract, individualistic, and state-dependent character of rights makes them of dubious value for groups fighting for social change.
Abstract: Theorists of Critical Legal Studies (CLS) have argued that the abstract, individualistic, and state-dependent character of rights makes them of dubious value for groups fighting for social change. Southern civil rights organizers in the early 1960s engaged in the kind of power-oriented strategy that CLS writers advocate in lieu of a rights-oriented one. However, the rights claims they made inside and outside courtrooms were essential to their political organizing efforts. Far from narrowing collective aspirations to the limits of the law, activists' extension of rights claims to the "unqualified" legitimated assaults on economic inequality, governmental decisionmaking in poverty programs, and the Vietnam War. What made possible this novel formulation was not only the multivalent character of rights but also key features of the social, political, and organizational contexts within which rights were advanced.

Book
Kay Hailbronner1
19 May 2000
TL;DR: In this article, the authors present a legal framework for the European Internal Market and the Schengen Acquis, based on the Maastricht Treaty and the European Community.
Abstract: Introduction by series editors. Preface. A: Immigration into the European Union. I. European Immigration Law as an integral part of a European Internal Market. II. Migration to Geographically and Economically Favourable States. III. Migration as a Social and Economic Factor. IV. Enlargement and Migration. B: Immigration, Visa and Asylum Policy in an Area of Freedom, Security and Justice: Title IV of the Treaty establishing the European Community and the Communitarization of the Schengen Acquis. I. The Cautious Approach of Title IV ECT to Supranationalization. II. The Framework of Community Action under Human Rights and the Geneva Convention. III. The Background of Communitarization: The Insufficiencies of Maastricht's Legal Framework for Immigration and Asylum Policies. IV. From Maastricht to Amsterdam: Changes and Questions of Transition. V. Structural Aspects of the New Legal Framework. VI. The Basic Structure of Title IV Competencies. VII. Communitarization of the Schengen Acquis. VIII. Re-Adoption of Maastricht Third Pillar Instruments Under Title IV Competencies. IX. Procedural Issues. X. The Scope of Legislative Powers under Title IV. XI. Institutional Provisions. XII. Opt-out and Opt-in Provisions. XIII. Extra-Title IV Legal Bases of Community Action. XIV. Outlook: Policy Questions Related to Further Supranationalization. C: Immigration Law - Entry and Sojourn. 1. The Need to Develop a Coherent System of European Immigration Law. II. Crossing External and Internal Borders. III. Illegal Immigration and Anti-trafficking measures. IV. Third-Country Nationals Privileged with respect to the Exercise of Market Freedoms by EU Citizens. V. Privileged Third-Country Nationals: Treatment in Association Agreements. VI. Non-Privileged Third-Country Nationals. VII. Free Movement of Third-Country Nationals within the European Union? VIII. Prevention of Discrimination and Racism. D: Social Rights of Third-Country Nationals. I. The Relevance of Human and Social Rights within the Treaties and the Concept of a Charter of Fundamental Human Rights. II. Social Rights in Articles 138, 139 and 141 ECT. III. Third-Country Nationals under the Current EC Provisions and the Proposed Extension of the Personal Scope of Application of Social Security Regulations. IV. Social Rights within the Council of Europe. E: Refugees and Asylum Seekers. I. Introduction. II. Harmonization of the Criteria for Recognition as a Political Refugee. III. Asylum Procedure under the Dublin and Schengen Conventions. IV. Harmonization of Minimum Standards on the Reception of Asylum Seekers. V. Harmonization of the Rules of the Member States on Temporary Protection, De Facto Protection and Humanitarian Residence Permits Burden-Sharing. VI. Asylum Procedure. F: Termination of Residence, Expulsion, Deportation and Return. I. Description of the Problem. II. Common Principles on Expulsion. III. Common European Return Policy. IV. The International Law Framework. V. Outlook.

Journal ArticleDOI
Monique Deveaux1
TL;DR: In this article, the authors explore the tension within multiculturalist theory between the aspiration to promote cultural recognition and the need to promote and protect women's concern with issues of sex and gender inequality.
Abstract: This article explores the tensions within multiculturalist theory between the aspiration to promote cultural recognition and the need to promote and protect women's concern with issues of sex and gender inequality. The article asseses the three main approaches to the reconciliation of sexual equality and group rights; according priority to the traditional values and practices of cultural groups; accepting collective and cultural rights but within a framework international human rights; and finally, the acceptance of group rights subject to respect for individual rights and freedoms. By focusing on the experience of aboriginal women activists in Canadian politics and their struggle to preserve constitutional sex equality, this article argues that only the third approach provides adequate safeguards for women in their public and private roles.



Journal ArticleDOI
TL;DR: In this article, the authors review the nature and contents of the right to development by virtue of which every individual is entitled to a process of economic, social, cultural and political development in which all human and fundamental freedoms can be realized.
Abstract: The Right to Development as established in the 1986 UN Declaration on the Right to Development has now been recognized, through an international consensus arrived at in Vienna in 1993, as a universal and inalienable right and an integral part of fundamental human rights. That has not, of course, settled all the controversy regarding the nature and the content of the Right to Development, but the inter-governmental debate has shifted more to the methods of implementation of that Right. This article reviews the nature and contents of the Right to Development by virtue of which every individual is entitled to a process of economic, social, cultural and political development in which all human and fundamental freedoms can be realized. It spells out a programme for implementation of the Right, step by step, through national efforts supported by international co-operation. While the states are primarily responsible for realizing this Right for their citizens, the international community has the obligation of enabling the states to do so. A mechanism is proposed through international compacts to design, promote and monitor the process of implementation.

Book ChapterDOI
01 May 2000
TL;DR: The human rights movement over the last fifty years has taken a vital step beyond the historical analogies by authorising claims by individuals against the very state of their nationality as discussed by the authors, but neither are they rare.
Abstract: Introduction SETTING OUT THE PROBLEM Individual claims against a state before a permanent international organ (committee, commission, tribunal, court) no longer stand out as stark exceptions to the usual patterns of international law, as anomalies that we struggle to fit within an established or even necessary order. The earlier questions – How can we understand this phenomenon within a system of state-to-state relations? How can it be reconciled with rooted premises of international law like state sovereignty? – have lost their salience as such claims have become more familiar, and as the premises have changed. An evolving theory and practice expressing different understandings of international law and relations readily make place for the individual, together with many types of non-state institutions, as essential actors and participants. Individual claims are not yet commonplace, but neither are they rare. Undoubtedly the growth of the human rights movement over the last fifty years has had much to do with this changed incidence and perception. That movement – by which this chapter refers to governmental and intergovernmental as well as non-governmental developments in human rights since 1945 – has taken a vital step beyond the historical analogies by authorising claims by individuals against the very state of their nationality. Several universal human rights treaties empower an individual to initiate against the state some kind of process before a treaty organ that allows for the consideration and disposition of a claim of violation of a right declared in the treaty.

Book
02 Feb 2000
TL;DR: In this paper, the authors present a formal framework for the ACP-EC development cooperation and human rights, which is based on the Lome Treaty and the European Community's Development Cooperation Policy.
Abstract: Preface. List of abbreviations. Introduction. Part I: Human Rights, Democracy and Development. Introductory Remarks to Part I. 1. The Global Setting: Human Rights, Democracy and Development Cooperation. 2. The Specific Setting: Western European, African, Caribbean and Pacific States' Perspectives on Human Rights and Democracy. Concluding Remarks on Part I. Part II: ACP-EC Development Cooperation and Human Rights: The Formal Framework. Introductory Remarks to Part II. 3. The Development Cooperation Policy of the European Community. 4. Powers, Actors and Procedures in European Community Development Cooperation. 5. ACP-EC Development Cooperation and Human Rights: review of the Lome treaty provisions. Concluding Remarks on Part II. Part III: Human Rights in the Practice of ACP-EC Relations. Introductory Remarks to Part III. 6. Taking Positions on Human Rights in ACP-EC Relations. 7. The Positive Approach: Support for Human Rights and Democracy in ACP Countries. 8. The Negative Approach: Sanctions on Violations of Human Rights. Concluding Remarks Part III. Final Observations: Lome - `Paper Tiger' Or Human Rights Guardian. Annexes. Bibliography. Index.

Book
06 Oct 2000
TL;DR: In this article, the authors propose a set of individual rights from labor rights to civil rights, from education rights to criminal process rights, and education rights from the school to the workplace.
Abstract: 1. Introduction 2. Reconstituting privacy and criminal process rights 3. Reconstituting individual rights: from labor rights to civil rights 4. Education rights: Reconstituting the school 5. Conclusion.

Book ChapterDOI
01 Jan 2000
TL;DR: The Economic Community of West African States Monitoring Group (generally known as ECOMOG) as mentioned in this paper monitors the moratorium on the export, import and manufacture of light weapons and ammunition.
Abstract: Founded in 1975 as a regional common market, ECOWAS later also became a political forum involved in the promotion of a democratic environment and the pursuit of fundamental human rights. In July 1993 it revised its treaty to assume responsibility for the regulation of regional armed conflicts, acknowledging the inextricable link between development and peace and security. Thus it now has a new role in conflict management and prevention through its Mediation and Security Council, which monitors the moratorium on the export, import and manufacture of light weapons and ammunition. However, it still retains a military arm, the Economic Community of West African States Monitoring Group (generally known as ECOMOG). It is also involved in the war against drug abuse and illicit drug trafficking. There are plans to introduce a single currency, the eco, by 2020.