The special procedures of the Human Rights Council : a brief look from the inside and perspectives from outside / edited by Humberto Cantú Rivera ; foreword by Emmanuel Decaux ; with contributions from Navi Pillay [and 8 others].
2015
K3241 .S64 2015 (Map It)
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Title
The special procedures of the Human Rights Council : a brief look from the inside and perspectives from outside / edited by Humberto Cantú Rivera ; foreword by Emmanuel Decaux ; with contributions from Navi Pillay [and 8 others].
Published
Cambridge, United Kingdom ; Antwerp [Belgium] ; Portland [Oregon] : Intersentia, [2015]
Copyright
©2015
Call Number
K3241 .S64 2015
ISBN
9781780683447
1780683448
1780683448
Description
xxxi, 160 pages ; 22 cm
System Control No.
(OCoLC)920449987
Summary
"Special Procedures is the collective name given to the different mandates of Independent Experts, Special Rapporteurs and Working Groups in the field of human rights appointed by the UN Human Rights Council (and formerly by the now-defunct Commission on Human Rights) with the purpose of developing international human rights standards, receiving communications, visiting States, and generally advancing international human rights law and practice. They have been considered the 'crown jewel' of the United Nations, for they symbolise a beacon of hope for victims of human rights abuses worldwide. This edited volume seeks to contribute to the dissemination of the work undertaken by different mandate-holders for the protection of human rights. The former UN High Commissioner for Human Rights and six acting UN human rights experts from different mandates (some of whom have now moved to other positions within the UN human rights machinery) contribute brilliant and deeply interesting chapters to shed light on different aspects of their work. By sharing their own reflections, experiences and expectations, they provide an insider's view of the work undertaken by their mandates to promote the respect, protection and fulfilment of human rights in all corners of the globe. Additionally, this book includes contributions from leading human rights law practitioners at the local level,who share their thoughts on the interaction and influence of international human rights law in the domestic sphere. The collected essays contributed to this book by Navi Pillay, Olivier De Schutter, Magdalena Sepúlveda Carmona, Catarina de Albuquerque, John H. Knox, Michael K. Addo, Olivier de Frouville, Catalina Rivera Díaz and Minerva Martína Garza, accompanied by a superb foreword written by Emmanuel Decaux, provide a thoughtful and inspiring glimpse into the inner workings of the Special Procedures of the UN Human Rights Council and the titanic task of protecting globally the fundamental human rights and freedoms of peoples"--Unedited summary from book cover.
Bibliography, etc. Note
Includes bibliographical references.
Record Appears in
Gift
Purchased from the income of the Soll Fund
Added Author
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Soll Fund
Table of Contents
Acknowledgements
vii
Foreword / Emmanuel Decaux
ix
Introduction / Humberto Cantu Rivera
xix
Interview with Navi Pillay, former UN High Commissioner for Human Rights
xxvii
United Nations Human Rights Council: Remarks on Its History, Procedures, Challenges and Perspectives / Humberto Cantu Rivera
1
I.
Introduction
1
II.
historical side: from the Commission on Human Rights to the Human Rights Council
2
III.
Special Procedures
7
IV.
Universal Periodic Review
16
V.
Concluding thoughts
23
Domestic Implementation of the Right to Food in Latin America and the Caribbean / Olivier De Schutter
25
I.
Introduction
25
II.
importance of the right to adequate food
28
III.
Constitutional protection of the right to food
29
IV.
Legal frameworks
32
V.
National strategies for the realization of the right to food
34
VI.
Key elements of NFS laws and strategies based on the right to food
35
A.
Monitoring and accountability
36
Legal supervision
38
National human rights institutions
40
Human rights monitoring at the regional and global level
41
Social movements and protection of human rights defenders
43
B.
Effective implementation
43
Coordination across different sectors
43
Participation
44
Focus of programs
46
Allocation of costs and budgets
46
VII.
Lessons learned
48
Political will
48
Adequate resources
48
Evaluation of needs and of results
48
effective coordination
49
Inclusion and legitimacy of processes
49
Accountability and justiciability
49
need for additional measures
50
Future Is Now: Eliminating Inequalities in Sanitation, Water, and Hygiene / Catarina De Albuquerque
53
I.
Introduction
53
II.
Embracing non-discrimination, equality and equity
56
III.
Remedying inequality as the most significant blind-spot in the Millenium Development Goals
57
IV.
Integrating equality and non-discrimination into the future framework: a stand-alone goal on equality
60
V.
Crafting targets to ensure equal water, sanitation and hygiene for all
63
A.
Move forward while reducing inequalities
64
B.
Address geographical inequalities: rural/urban disparities and slums
64
C.
Shed light on the poorest of the poor
65
D.
Address group-related inequalities that vary across countries
66
E.
Address inequalities due to individual status relevant in every country
67
VI.
Conclusion
69
Moving the Human Rights and Environment Agenda Forward: The Establishment of the Mandate on Human Rights and the Environment / John H. Knox
71
I.
Introduction
71
II.
relation between human rights and environment
72
A.
Linking the environment to existing human rights
72
B.
right to a healthy environment
76
III.
Historical context leading to the creation of the mandate
77
IV.
preliminary report of the Independent Expert
81
V.
Conclusion
82
Mandate of the UN Working Group on Business and Human Rights: Preliminary Thoughts / Michael K. Addo
85
I.
Introduction
85
II.
mandate of the Working Group
87
III.
strategy of the Working Group
91
A.
Convergence
93
B.
Holistic standards
95
C.
Individual communications
95
D.
business case
97
E.
Strategic partnerships
99
IV.
Conclusion
100
On the Twentieth Anniversary of the United Nations Declaration for the Protection of All Persons Against Enforced Disappearances / Olivier De Frouville
103
I.
Introduction
103
II.
Towards the adoption of the Declaration
104
III.
Working Group as interpreter and guardian of the Declaration
106
IV.
New challenges
109
Extreme Poverty and Human Rights: A Social Struggle Against a Global Issue / Magdalena Sepulveda Carmona
113
I.
Special Procedures of the UN Human Rights Council and the mandate of the Special Rapporteur on extreme poverty and human rights
113
II.
Social protection programmes (cash transfer): characteristics and principles of a human rights-based approach
116
A.
Characteristics
116
a.
Legal and institutional framework
116
b.
Strategy and global view of poverty alleviation
117
B.
Principles
117
a.
Equality and non discrimination
117
1).
Prioritize the most disadvantaged groups
117
2).
Gender equality
118
3).
Respect of the principles of accesibility and adaptability
119
b.
Transparency and access to information
119
c.
Accountability mechanisms
120
d.
Significant and effective participation of the beneficiaries
120
III.
Guiding Principles on Extreme Poverty and Human Rights
121
A.
history and development of the Guiding Principles on Extreme Poverty and Human Rights
122
B.
rationale behind the Guiding Principles
123
Victims, Communications and the Special Procedures of the UN Human Rights Council / Catalina Rivera Diaz
127
I.
Introduction
127
II.
origins of Special Procedures communications
129
III.
Current practice of Special Procedures mandate-holders regarding communications
135
IV.
Communications as a quasi-jurisdictional procedure and other characteristics
140
V.
Final comments
143
National Human Rights Institutions and Their Collaboration with the Special Procedures of the Human Rights Council / Minerva Martinez Garza
145
I.
Introduction
145
II.
NHRIs under international law: the Paris Principles
146
III.
interaction between international human rights law, domestic law and NHRIs
149
IV.
Broadening the role of NHRIs under domestic law: perspectives for Mexico
151
V.
Conclusion
156
Notes on the contributors
159