The Universal Periodic Review, held first in April , shows the power of peer pressure in enforcing human rights law. The idea behind the Universal Periodic Review makes sense from the argument put forward above: the universality of the process makes it applicable to all UN member states. The process of legal obedience tends generally towards liberal, democratic, developed states being more successful in terms of co-operation and coherence of policies.
This is in contrast to the International Covenant on Civil and Political Rights, for example, where states have been over a decade late in submitting their reports on its implementation Brett In conclusion, there are many shortcomings in the enforcement mechanisms of international human rights law; this essay has examined some of those found amongst the UN enforcement mechanisms. However, these weaknesses are due to unavoidable aspects of our anarchic global society, especially the principle of state sovereignty.
Whilst this concept is hard to reconcile with the use of force to enforce human rights, there is hope amongst the recent decisions of the UN Security Council over Libya, and also for regional bodies with more credibility within their regions to act. The most powerful enforcer of human rights is the horizontal and vertical transnational legal process and the resulting internalisation and socialisation of human rights values.
Whilst the enforcement of any kind of international law is fraught with issues that domestic laws do not have due to the lack of an international authority, the value of socialisation and peer pressure is not to be underestimated when it comes to the enforcement of international human rights law.
Winter , pp. Oxon: Routledge, pp. New York: Touchstone. Before you download your free e-book, please consider donating to support open access publishing. E-IR is an independent non-profit publisher run by an all volunteer team.
Your donations allow us to invest in new open access titles and pay our bandwidth bills to ensure we keep our existing titles free to view. Any amount, in any currency, is appreciated. Many thanks! Donations are voluntary and not required to download the e-book - your link to download is below. Based on a report on the working of the law, INSEC in again sought the help of the Supreme Court, this time to ensure that the government implements the law effectively.
This is particularly true, of course, when the countries follow similar legal systems or frameworks, and when historical or geographical ties encourage such reference.
In working to extend recognition of the justiciability of ESC rights, groups should be aware of and use decisions by courts in other countries that could be acknowledged as precedents by their own. Litigation is just one strategy for ensuring domestic application of international human rights law. It is important for lawyers in consultation with disadvantaged groups to assess the risks and benefits of pursuing litigation.
In any event, litigation should be part of the education and mobilization process and not an end in itself. Most often, the poor experience law as a tool of oppression. Law has traditionally been a source of influence for the rich and the powerful; they have typically kept the poor in a dependency relationship through abuse of the legal process. SEWA recognizes that along with organizing workers into trade unions and cooperatives, it is important that each member have basic knowledge of what law is all about, how legislation is formulated, who benefits from it and why, as well as how to access the law of the land.
Both organizers and members are learning many practical aspects of the legal system. SEWA resorted to legal action primarily to protect the rights of poor self-employed women. Initially, litigation was limited to labor cases. However, increasing awareness that legal action might advance the interests of cooperatives and resolve other related issues concerning women led SEWA to a greater use of litigation. Legal action led to legal education and research, enhancing legal knowledge.
This knowledge was used to lobby the government and pressure the legal system to formulate and apply policies and legislation for workers in the informal sector. SEWA perceives legal literacy as an ongoing process related to struggle, be it within a union, a cooperative, or a group of women gathered to solve a common problem. Legal literacy should not just be a method of imparting information, but should lead to action and improvement of a person's situation.
Neither should litigation be seen as an end by itself. It may not achieve everything, but it can be used as a strategic intervention. When coupled with other grassroots actions, litigation becomes an effective weapon in increasing the bargaining power of the workers. Translated here by Charlie Roberts. Viceconte v. Ministry of Health and Social Action , 2 June See also General Comment 14, on the right to life and nuclear weapons.
No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law. Harris, M. France , Application No. The evidentiary complexity of the proceeding and the usual practice of the Supreme Court of Ireland made it highly unlikely that the claimant would be able to carry out her separation without the assistance of counsel, even though Irish legislation did not expressly exclude the possibility of pro se representation.
Ireland had not, at the time, organized a system of free legal assistance that included family matters. Case of James and Others v. Abramovich and Courtis, , note 7 above. Case of Obermeier v. Austria , Series A , para. Deumeland case, para. Case of Buchholz v. FRG , para. FRG, Series A , para. Case of Bock v. FRG , Series A , para.
Case of Poiss v. France , Series A A, para. Case of X. France , Series A C Case of Zimmermann and Steiner v. Switzerland , Series A 66, para. Kaufman v. Belgium , No. France , Series A , para. Vishaka et al. State of Rajasthan , 6 SCC Enforcing Human Rights The ACT Human Rights Commission can only investigate individual complaints about unlawful discrimination , health services , services for older people , disability services and services for children and young people.
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