Protection Of Human Rights: Police Functions
In: Police and Human Rights, S. 139-198
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In: Police and Human Rights, S. 139-198
Various human rights violations on the part of the ordinary people and human rights defenders have been reported in Zimbabwe since the late 1980s to date. It is widely acknowledged that such violations were mostly perpetrated by the government through its different organs for political and other related reasons. Human rights violations were also easily committed against ordinary people and human rights defenders because there was no Constitution that adequately protected such people's fundamental human rights (including their civil and political rights and their socio-economic rights) in Zimbabwe. Given this background, the article discusses the protection of human rights in Zimbabwe, in light of the Zimbabwe Constitution Amendment 20 of 2013 (Zimbabwe Constitution 2013). This is done in order to investigate whether the promotion, protection, enforcement and the respect for human rights in Zimbabwe has now improved. To this end, the functions of selected national human rights institutions and other related role-players, namely, the civil society, the judiciary, the law enforcement organs and the Zimbabwe Human Rights Commission are briefly discussed first. Secondly, the functions of selected regional and international institutions, namely, the Southern African Development Community, the African Union and the United Nations are discussed in relation to the protection of human rights in Zimbabwe. Thereafter, concluding remarks and possible recommendations that could be utilised to combat human rights violations and enhance the protection of human rights in Zimbabwe are provided.
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Various violations of the human rights of ordinary people and human rights defenders have been reported in Zimbabwe since the late 1980s. It is widely acknowledged that such violations have been perpetrated mostly by the government through its different organs for political and other related reasons. Human rights violations were also easily committed against ordinary people and human rights defenders because there was no Constitution that adequately protected such people's fundamental human rights (including their civil and political rights and their socio-economic rights) in Zimbabwe. Given this background, the article discusses the protection of human rights in Zimbabwe, in the light of the Zimbabwe Constitution Amendment Act 20 of 2013 (Zimbabwe Constitution 2013). This is done in order to investigate whether the promotion, protection, enforcement and respect for human rights in Zimbabwe has now improved. To this end, the functions of selected national human rights institutions and other related role-players, namely civil society, the judiciary, the law enforcement organs and the Zimbabwe Human Rights Commission, are briefly discussed first. Secondly, the functions of selected regional and international institutions, namely the Southern African Development Community, the African Union and the United Nations are discussed in relation to the protection of human rights in Zimbabwe. Thereafter, concluding remarks and possible recommendations that could be utilised to combat human rights violations and enhance the protection of human rights in Zimbabwe are provided.
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Various violations of the human rights of ordinary people and human rights defenders have been reported in Zimbabwe since the late 1980s. It is widely acknowledged that such violations have been perpetrated mostly by the government through its different organs for political and other related reasons. Human rights violations were also easily committed against ordinary people and human rights defenders because there was no Constitution that adequately protected such people's fundamental human rights (including their civil and political rights and their socio-economic rights) in Zimbabwe. Given this background, the article discusses the protection of human rights in Zimbabwe, in the light of the Zimbabwe Constitution Amendment Act 20 of 2013 (Zimbabwe Constitution 2013). This is done in order to investigate whether the promotion, protection, enforcement and respect for human rights in Zimbabwe has now improved. To this end, the functions of selected national human rights institutions and other related role-players, namely civil society, the judiciary, the law enforcement organs and the Zimbabwe Human Rights Commission, are briefly discussed first. Secondly, the functions of selected regional and international institutions, namely the Southern African Development Community, the African Union and the United Nations are discussed in relation to the protection of human rights in Zimbabwe. Thereafter, concluding remarks and possible recommendations that could be utilised to combat human rights violations and enhance the protection of human rights in Zimbabwe are provided.Keywords: Human rights; judiciary; protection; enforcement; violations.
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In: Potchefstroom Electronic Law Journal, Band 19
SSRN
In: Human rights law review, Band 22, Heft 3
ISSN: 1744-1021
Abstract
Established as a limited regime that mainly carries out promotional activities of public education and roadshows on human rights, strengthening the ASEAN human rights system seems impossible when member states remain sovereignty-centric and thus wary of instituting protective mechanisms of scrutiny such as data transparency, reporting, monitoring, and complaints portals. This challenging outlook is compounded by human rights taking a backseat to economic development in the ASEAN Community's agenda. However, tracking the rarely examined ASEAN human rights reports reveals that a counter-phenomenon quietly arising. This article presents Adaptive Protection as a process where ASEAN human rights officials, by building upon member states' growing familiarity with the 'intrusive' oversight of the UN human rights system, have stealthily adapted (albeit loosely) similar functions of protective scrutiny—namely, data transparency, reporting, monitoring, and hearing complaints—into their limited mandates. Surprisingly, this process has not encountered pushback but instead has garnered grudging acquiescence by ASEAN states.
In: Brill Book Archive Part 1, ISBN: 9789004472495
In: British Institute of Human Rights Library 2
All institutions have human rights responsibilities. Some have been set up with this function and others have had human rights principles thrust upon them. This book explores how different institutions, from state entities, national human rights commissions and the judiciary, to the United Nations agencies and international courts, have engaged in human rights protection. There is analysis of their evolution in this role and the methods that they use. Northern Ireland and Bosnia & Herzegovina are illustrative of what can happen to human rights when societies are in conflict. Other chapters consider the development of international criminal law, the trouble with treaties, and the increasing pressure on corporations to demonstrate social responsibility. There is plenty of evidence that human rights protection is as important as ever and this book looks at what is required to achieve this effectively. The British Institute of Human Rights aims to further the protection of human rights through education and research. It is a charity based at King's College London
This lecture scans the development of human rights law in Canada from a period of judicially implied rights, to the era of legislative protection, and finally to the status quo of constitutional entrenchment. Progress to this final stage has ensured that human rights are not threatened in Canada. Nevertheless, significant challenges have arisen: The first involves a challenge between advocates of civil liberties and advocates of anti-discrimination rights. The second growing challenge is the practice of removing human rights from judicial review to specialized tribunals free from judicial scrutiny in the interests of national security. The third challenge lies in applying the concept of accommodation inherent in anti-discrimination rights in our increasingly diverse, multi-cultural societies. Through our legal institutions and our institutions of citizenship and community inclusion, these challenges can be acknowledged and brought into the democratic dialogue, thereby ensuring that human rights can be strengthened and sustained.
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The ubiquity of human rights raises questions for the philosopher. If we want to understand these rights, where do we look? As a set of moral norms, it is tempting to think they can be grasped strictly from the armchair, say, by appeal to moral intuition. But what, if anything, can that kind of inquiry tell us about the human rights of contemporary politics, law, and civil society - that is, human rights as we ordinarily know them? This volume brings together a distinguished, interdisciplinary group of scholars to address philosophical questions raised by the complex status of human rights as both moral rights, on the one hand, and legally, politically, and historically practised rights, on the other.
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In: International studies in human rights
In: Nijhoff eBook titles 2006
Preliminary Materian /Bertrand G. Ramcharan -- Introduction /Bertrand G. Ramcharan -- Chapter One. Human Rights Protection Strategies in a Time of Crises /Bertrand G. Ramcharan -- Chapter Two. We Are Failing the Victims of War /Michael OFlaherty -- Chapter Three. The Protection of Civilians /Mark Bowden -- Chapter Four. Operationalising the Protection of Civilians /Elissa Golberg -- Chapter Five. The Protection of Refugees and Displaced Persons /Kamel Morjane -- Chapter Six. Implementing International Humanitarian Law: Old and New Ways /Michel Veuthey -- Chapter Seven. Protection in the Field: Human Rights Perspective SOHCHR /Staff -- Chapter Eight. Human Rights Field Operations: a New Protection Tool /William G. Oneill -- Chapter Nine. The Protection Methods of Human Rights Field Offices /Bertrand G. Ramcharan -- Chapter Ten. The Human Rights Components of Un Peacekeeping and Peacebuilding Operations, and the Field Offices of Undp and the Office of High Commissioner for Human Right /SOHCHR Staff -- Chapter Eleven. Enhancing Protection of Women and Girls in Conflict and Post-conflict Environments /Comfort Lamptey -- Chapter Twelve. The Ohchr Kosovo Emergency Operation: Lessons Learned /OHCHR Staff -- Chapter Thirteen. Protecting Human Rights in a Situation of Humanitarian Crisis: the Case of Colombia /OHCHR Staff -- Chapter Fourteen. The Un Centre for Human Rights and Democracy in Central Africa /Teferra Shiawal-Kidanekal -- Conclusion /Bertrand G. Ramcharan -- Bibliography /Bertrand G. Ramcharan -- About the Authors /Bertrand G. Ramcharan -- Annexes /Bertrand G. Ramcharan -- Index /Bertrand G. Ramcharan.
In: International studies in human rights 87
Many shocking violations of human rights are taking place in conflicts, crises, and emergencies around the world. This book examines the need for protection in the field, surveys the experiences of the different human rights and humanitarian organizations, and assesses what works and what does not work
The current Albanian Constitution was approved and entered into force in 1998 1 , since a precedent attempt of constitutional referendum was rejected by the majority of people in 1994. The Albanian constituent Assembly, assisted by experts provided by the Council of Europe, for what concerns the question of the relationship between international and internal law has tried to be as clear as possible. In particular, in the first part of the Constitution regarding the basic principles of the Albanian legal system, the validity of general international law is recognized in direct and automatic way2. According to this «solution», the international law binding upon the State is composed, besides internationally recognized general rules (principles and customs), even by treaty law. If, at first sight, this equalization between treaty norms and International general norms (principles and customs) could bring to any apparent confusion, in truth it should be interpreted as a clear and precise choice of the Constitutional legislator in order to guarantee a greater protection extending, exactly, even to the treaty obligations the same Constitutional protection granted to the general international law. This «equality» of strengthened Constitutional treatment should not be realized as an attempt of equalization of international treaty law with general international law (considering that hardly could be reached this goal by mean of internal legislative techniques or methods); instead, it should be seen as a further corollary guarantee that the constituent decided to grant to international treaty law binding upon the State. Anyway, considerable part of the Albanian doctrine influenced by ‹kelsenian› pure normativism sustains that the dictation of art. 5 of the Albanian Constitution is to be interpreted in a sense that it should include not only international treaty law, but also general accepted rules of international law, customs and principles (sic!)3; inevitably a basic objection emerges. It concerns the conception this doctrine has in regard with the nature of international law itself, as it considers international treaty law the milestone of international law without giving proper importance and place to general international law (principles and customs)4. Apart the glaring doctrinaire and methodic confusion of this position inasmuch DOI:10.5901/ajis.2015.v4n3s1p179
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In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 10, Heft 108, S. 166-168
ISSN: 1607-5889
In: Polish political science: yearbook, Band 32, S. 224-233
ISSN: 0208-7375