The Reality of the United Nations Guiding Principles on Business and Human Rights
In: Human rights law review, Band 14, Heft 1, S. 133-147
ISSN: 1744-1021
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In: Human rights law review, Band 14, Heft 1, S. 133-147
ISSN: 1744-1021
In: Human rights quarterly, Band 32, Heft 3, S. 601-664
ISSN: 1085-794X
The traditional scholarly narrative on the relationship between cultural diversity and universal respect for human rights suggests a tension which must, at best, be managed. There is, however, no consensus among scholars as to the best way to reconcile or manage this tension and so creating an intellectual gap between universalist and cultural relativist schools of thought which has come to inform important aspects of diplomatic practice. This article analyses an alternative approach to the management of this tension based on the practice of the United Nations human rights treaty bodies. The working methods of these supervisory bodies, especially the constructive dialogue on national periodic reports, suggest that they adopt a legal approach in which cultural diversity and universal respect for human rights complement and reinforce each other. At the same time, focusing on effective protection, the treaty bodies challenge specific cultural practices that they consider to be harmful or contrary to human rights guarantees. Although the treaty bodies' approach to this subject is still evolving, it reveals interesting doctrinal lessons concerning the universality of human rights norms.
In: Human rights quarterly: a comparative and international journal of the social sciences, humanities, and law, Band 32, Heft 3, S. 601-665
ISSN: 0275-0392
In: The international & comparative law quarterly: ICLQ, Band 48, Heft 3, S. 673-686
ISSN: 1471-6895
In: The international & comparative law quarterly: ICLQ, Band 47, Heft 2, S. 425-438
ISSN: 1471-6895
On the premise that democratic government is founded,inter alia, on the accountability of public bodies and their officials, as well as on the popular participation in collective decision-making by the governed at all levels of government, there is merit in the proposition that it is improper to curb open debate, especially in matters which are of public interest. In so far as the work of the judiciary in general, and of judges in particular, is in the public domain and thus of public interest, the value of the freedom of expression applies, in principle, with equal force. Freedom of expression in the legal domain and in relation to the work of judges serves a variety of useful purposes in democratic society. Freedom of expression serves to uphold the integrity of the principles of democracy which require that governmental institutions should be transparent and accountable, and in that sense the judicial domain, very much like other branches of government, benefits from a healthy exchange and interaction of opinions. The administration of justice is better served by well-informed participants than by ignorance, and freedom of expression can contribute to a full and rigorous assessment of information in the judicial context Similarly, in modern democratic society, all individuals, but especially legal journalists, lawyers and other officials of the legal establishment, contribute to the architecture of judicial policy through the expression of their opinions. Freedom of expression in this context can also prove to be an instrument of individual and professional self-fulfilment. This is considered crucial in any society which is dependent upon the participation of the people.
In: Europe Asia studies, Band 49, Heft 3, S. 522-523
ISSN: 0966-8136
In: The international & comparative law quarterly: ICLQ, Band 45, Heft 3, S. 761-761
ISSN: 1471-6895
In: The international & comparative law quarterly: ICLQ, Band 45, Heft 2, S. 493-494
ISSN: 1471-6895
In: The international & comparative law quarterly: ICLQ, Band 44, Heft 4, S. 960-961
ISSN: 1471-6895
In: Journal of refugee studies, Band 7, Heft 1, S. 96-110
ISSN: 0951-6328
In: The international & comparative law quarterly: ICLQ, Band 42, Heft 3, S. 733-734
ISSN: 1471-6895
In: Coexistence: a review of East-West and development issues, Band 27, Heft 2, S. 79-104
ISSN: 0587-5994
World Affairs Online
In: Legal issues of economic integration: law journal of the Europa Instituut and the Amsterdam Center for International Law, Universiteit van Amsterdam, Band 15, Heft 1, S. 55-85
ISSN: 1566-6573, 1875-6433
In: European Journal of International Law, Band 9, S. 510-524
SSRN
In: Europe Asia studies, Band 49, Heft 3, S. 522
ISSN: 0966-8136