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The Protection Role and Jurisprudence of the United Nations Human Rights Council
Series: - Nijhoff Law Specials, Volume: 106
Author:
This book places under scrutiny for the first time, whether and how, the United Nations Human Rights Council actually contributes to the protection of human rights in the face of pervasive gross violations world-wide. It finds that the Council does little of preventive protection, some mitigatory protection, and little remedial or compensatory protection. The Council’s response to situations of gross violations depends on the political alignments within its membership for each situation. The Council gives priority to cooperation and dialogue over principled denunciations of gross violations. It is not an organ of justice, but in some instances it is an organ for justice, inasmuch as it addresses the structural causes of violations. Much useful fact-finding takes place under the auspices of the Council, and it does contribute to the progressive development of international law.
Bertrand Ramcharan performed the function of UN High Commissioner for Human Rights. He has been Commissioner of the International Commission of Jurists, and Member of the Permanent Court of Arbitration. He has written extensively on the protection roles of UN human rights organs, focussing on protection gaps in these bodies, with the aim of strengthening protection in international law and practice. He is President of the Human Rights Observatory.
Challenges of Protection
Foreword
Preface
Introduction
1 Promoting Protection
1 Introduction
2 The Universal Periodic Review
3 Standard-Setting
4 Cooperation with National Human Rights Institutions
5 Business and Human Rights
6 Indigenous Populations
7 Minorities
8 Slavery and Slavery-Like Practices
9 Racism and Racial Discrimination
10 Human Rights Defenders
11 Studies
12 Human Rights Education and Training
13 Country Rapporteurs, Thematic Rapporteurs and Working Groups
14 World Campaign on Human Rights
15 Cooperation with Related UN Organs
16 Cooperation with Regional Human Rights Bodies
17 Conclusion
2 Universality
1 Introduction
2 The Universal Periodic Review
3 Philosophical Universality
4 Universality of Human Rights under International Law: The International Bill of Human Rights
5 Challenges to Universality
6 Defending Universality
6.1 The Democratic Test Of Universality
6.2 The Bases of Universality
6.3 Challenges of Implementation
6.4 Normative Universality
6.5 Universality in the UN Human Rights Council: The upr Process
6.6 Political Universality
6.7 The Universality of International Law
6.8 Populism and Universality
6.9 Global Poverty and Universality
6.10 Gross Violations of Human Rights and Universality
6.11 Democratic Universality/Peoples’ Universality
6.12 Universality as an Idea
6.13 Universality as a Goal
6.14 Universality as a Normative Concept
7 Conclusion
3 Protection
1 Introduction
2 Efforts for International Protection
3 The Human Rights Council
4 High Commissioner’s Updates to the Human Rights Council on Situations of Concern
5 Protection Activities of Special Procedures of the Council
6 Conclusion
4 Prevention
1 Introduction
2 Pronouncements of the Council on Prevention
3 Preventive Actions of Special Procedures of the Council
4 Early Warning from the UN High Commissioner
5 Tackling Root Causes of Violations
6 Conclusion
5 Urgent Action
1 Introduction
2 Special Sessions of the Council
3 Urgent Actions by the President of the Council
4 Urgent Actions by the High Commissioner at the Request of the Council
5 Conclusion
6 Good Offices
1 Introduction
2 Urgent Communications to Governments
3 Confidential Complaints Procedure
4 Good Offices by the President of the Human Rights Council
5 Conclusion
7 Fact-Finding
1 Introduction
2 Principles of Fact-Finding
2.1 Do No Harm
2.2 Independence
2.3 Impartiality
2.4 Transparency
2.5 Objectivity
2.6 Confidentiality
2.7 Credibility
2.8 Visibility
2.9 Integrity
2.10 Professionalism
2.11 Consistency
3 The Special Procedures and Commissions of Inquiry
4 Conclusion
8 Redress
1 Introduction
2 Principles of Redress
3 Right to Truth
4 Expressions of Concern Over, or Condemnation of Gross Violations
5 Accountability
6 Transitional Justice
7 Evaluation
8 Conclusion
9 Justice
1 Introduction
2 The Decline of Democracy in the World
3 The Decline of Human Rights Justice in the World
4 The Idea of Justice in Philosophical Literature
5 The Idea of Justice in the International Bill of Human Rights
5.1 Equal Enjoyment of Enumerated Rights
5.2 Non-Discrimination
5.3 Discrimination Versus Distinction
5.4 Affirmative Action
5.5 General Comment 4/13 of the Human Rights Committee (Gender Equality)
5.6 The Beijing World Conference on Women’s Rights (1995)
5.7 Equitable Life Chances
6 The Human Rights Council’s Contributions to the Global Quest for Justice
7 The Human Rights Council as a Forum for Seeking and Promoting Global Justice
7.1 Global Hunger
7.2 Widespread Lack of Access to Medicine
7.3 Widespread Lack of Access to Safe Drinking Water and Sanitation
7.4 World-Wide Discrimination Against Women
7.5 Child, Early and Forced Marriage in Times of Crisis, Including the covid-19 Pandemic
7.6 Pervasive Gross Violations of Human Rights
7.7 Afro-Descendants
7.8 lgtbq s
7.9 Albinism
8 Conclusion
10 Jurisprudence
1 Introduction
2 The Architecture of International Law: Principles of the UN Charter
3 Normative Instruments: Treaties and Declarations
4 Principles on Human Rights and the Environment
5 Human Rights and Climate Change
6 The Right to Peace
7 Promotion of a Democratic and Equitable International Order
8 Human Rights: International Cooperation and International Solidarity
9 Guiding Principles on Business and Human Rights
10 National Infrastructure
11 Protection of Human Rights While Countering Terrorism
12 Rights to Freedom of Peaceful Assembly and of Association
13 Protection from Arbitrary Detention
14 Protection of Human Rights Defenders
15 Right to Truth
16 Transitional Justice
17 Protection of Civilians in Armed Conflict
18 Right to Food
19 Human Rights and Access to Safe Drinking Water and Sanitation
20 Access to Medicine
21 Guiding Principles on Extreme Poverty and Human Rights
22 Rights of Peasants
23 The Human Rights of Older Persons
24 Basic Principles and Guidelines on Development-Based Evictions and Displacement
25 Trafficking in Persons
26 Mercenarism
27 Conclusion
Conclusion
Bibliography
Index
Foreword
Preface
Introduction
1 Promoting Protection
1 Introduction
2 The Universal Periodic Review
3 Standard-Setting
4 Cooperation with National Human Rights Institutions
5 Business and Human Rights
6 Indigenous Populations
7 Minorities
8 Slavery and Slavery-Like Practices
9 Racism and Racial Discrimination
10 Human Rights Defenders
11 Studies
12 Human Rights Education and Training
13 Country Rapporteurs, Thematic Rapporteurs and Working Groups
14 World Campaign on Human Rights
15 Cooperation with Related UN Organs
16 Cooperation with Regional Human Rights Bodies
17 Conclusion
2 Universality
1 Introduction
2 The Universal Periodic Review
3 Philosophical Universality
4 Universality of Human Rights under International Law: The International Bill of Human Rights
5 Challenges to Universality
6 Defending Universality
6.1 The Democratic Test Of Universality
6.2 The Bases of Universality
6.3 Challenges of Implementation
6.4 Normative Universality
6.5 Universality in the UN Human Rights Council: The upr Process
6.6 Political Universality
6.7 The Universality of International Law
6.8 Populism and Universality
6.9 Global Poverty and Universality
6.10 Gross Violations of Human Rights and Universality
6.11 Democratic Universality/Peoples’ Universality
6.12 Universality as an Idea
6.13 Universality as a Goal
6.14 Universality as a Normative Concept
7 Conclusion
3 Protection
1 Introduction
2 Efforts for International Protection
3 The Human Rights Council
4 High Commissioner’s Updates to the Human Rights Council on Situations of Concern
5 Protection Activities of Special Procedures of the Council
6 Conclusion
4 Prevention
1 Introduction
2 Pronouncements of the Council on Prevention
3 Preventive Actions of Special Procedures of the Council
4 Early Warning from the UN High Commissioner
5 Tackling Root Causes of Violations
6 Conclusion
5 Urgent Action
1 Introduction
2 Special Sessions of the Council
3 Urgent Actions by the President of the Council
4 Urgent Actions by the High Commissioner at the Request of the Council
5 Conclusion
6 Good Offices
1 Introduction
2 Urgent Communications to Governments
3 Confidential Complaints Procedure
4 Good Offices by the President of the Human Rights Council
5 Conclusion
7 Fact-Finding
1 Introduction
2 Principles of Fact-Finding
2.1 Do No Harm
2.2 Independence
2.3 Impartiality
2.4 Transparency
2.5 Objectivity
2.6 Confidentiality
2.7 Credibility
2.8 Visibility
2.9 Integrity
2.10 Professionalism
2.11 Consistency
3 The Special Procedures and Commissions of Inquiry
4 Conclusion
8 Redress
1 Introduction
2 Principles of Redress
3 Right to Truth
4 Expressions of Concern Over, or Condemnation of Gross Violations
5 Accountability
6 Transitional Justice
7 Evaluation
8 Conclusion
9 Justice
1 Introduction
2 The Decline of Democracy in the World
3 The Decline of Human Rights Justice in the World
4 The Idea of Justice in Philosophical Literature
5 The Idea of Justice in the International Bill of Human Rights
5.1 Equal Enjoyment of Enumerated Rights
5.2 Non-Discrimination
5.3 Discrimination Versus Distinction
5.4 Affirmative Action
5.5 General Comment 4/13 of the Human Rights Committee (Gender Equality)
5.6 The Beijing World Conference on Women’s Rights (1995)
5.7 Equitable Life Chances
6 The Human Rights Council’s Contributions to the Global Quest for Justice
7 The Human Rights Council as a Forum for Seeking and Promoting Global Justice
7.1 Global Hunger
7.2 Widespread Lack of Access to Medicine
7.3 Widespread Lack of Access to Safe Drinking Water and Sanitation
7.4 World-Wide Discrimination Against Women
7.5 Child, Early and Forced Marriage in Times of Crisis, Including the covid-19 Pandemic
7.6 Pervasive Gross Violations of Human Rights
7.7 Afro-Descendants
7.8 lgtbq s
7.9 Albinism
8 Conclusion
10 Jurisprudence
1 Introduction
2 The Architecture of International Law: Principles of the UN Charter
3 Normative Instruments: Treaties and Declarations
4 Principles on Human Rights and the Environment
5 Human Rights and Climate Change
6 The Right to Peace
7 Promotion of a Democratic and Equitable International Order
8 Human Rights: International Cooperation and International Solidarity
9 Guiding Principles on Business and Human Rights
10 National Infrastructure
11 Protection of Human Rights While Countering Terrorism
12 Rights to Freedom of Peaceful Assembly and of Association
13 Protection from Arbitrary Detention
14 Protection of Human Rights Defenders
15 Right to Truth
16 Transitional Justice
17 Protection of Civilians in Armed Conflict
18 Right to Food
19 Human Rights and Access to Safe Drinking Water and Sanitation
20 Access to Medicine
21 Guiding Principles on Extreme Poverty and Human Rights
22 Rights of Peasants
23 The Human Rights of Older Persons
24 Basic Principles and Guidelines on Development-Based Evictions and Displacement
25 Trafficking in Persons
26 Mercenarism
27 Conclusion
Conclusion
Bibliography
Index
This book is relevant for academics, institutes, libraries, specialists, students, practitioners and UN diplomats.