The special procedures of the Human Rights Council : a brief look from the inside and perspectives from outside
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The special procedures of the Human Rights Council : a brief look from the inside and perspectives from outside
Intersentia, c2015
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Description and Table of Contents
Description
The UN Commission on Human Rights began establishing the Special Procedures in the late 1960s. Since then, the UN mechanisms have developed and become veritable tools of human rights protection and monitoring.This book endeavours to capture the evolution of the human rights activity carried out by the Special Procedures and evaluate their importance and impact. It provides a thorough and up-to-date insight of the institutional history of the Special Procedures, analyzes their legal dimension, puts forward a conceptual definition of them, elucidates their evolution and assesses their effectiveness.This book makes an important and unique contribution to the study of UN human rights monitoring mechanisms by providing a systematic analysis and conceptualization of the Special Procedures. Also by singling out indicators to evaluate the impact of the Procedures' practice, this study brings innovative elements to the academic debate on the measurement of human rights bodies' activity.
Table of Contents
Acknowledgements ForewordEmmanuel Decaux IntroductionHumberto Cantu Rivera Interview with Navi Pillay, former UN High Commissioner for Human Rights The United Nations Human Rights Council: Remarks on Its History, Procedures, Challenges and PerspectivesHumberto Cantu Rivera I. Introduction II. The historical side: from the Commission on Human Rights to the Human Rights Council III. The Special Procedures IV. The Universal Periodic Review V. Concluding thoughts The Domestic Implementation of the Right to Food in Latin America and the CaribbeanOlivier De Schutter I. Introduction II. The importance of the right to adequate food III. Constitutional protection of the right to food IV. Legal frameworks V. National strategies for the realization of the right to food VI. Key elements of NFS laws and strategies based on the right to food A. Monitoring and accountability Legal supervision National human rights institutions Human rights monitoring at the regional and global level Social movements and protection of human rights defenders B. Effective implementation Coordination across different sectors Participation Focus of programs Allocation of costs and budgets VII. Lessons learned Political will Adequate resources Evaluation of needs and of results An effective coordination Inclusion and legitimacy of processes Accountability and justiciability The need for additional measures The Future Is Now: Eliminating Inequalities in Sanitation, Water, and HygieneCatarina de Albuquerque I. Introduction II. Embracing non-discrimination, equality and equity III. Remedying inequality as the most significant blind-spot in the Millenium Development Goals IV. Integrating equality and non-discrimination into the future framework: a stand-alone goal on equality V. Crafting targets to ensure equal water, sanitation and hygiene for all A. Move forward while reducing inequalities B. Address geographical inequalities: rural/urban disparities and slums C. Shed light on the poorest of the poor D. Address group-related inequalities that vary across countries E. Address inequalities due to individual status relevant in every country VI. Conclusion Moving the Human Rights and Environment Agenda Forward: The Establishment of the Mandate on Human Rights and the EnvironmentJohn H. Knox I. Introduction II. The relation between human rights and environment A. Linking the environment to existing human rights B. The right to a healthy environment III. Historical context leading to the creation of the mandate IV. The preliminary report of the Independent Expert V. Conclusion The Mandate of the UN Working Group on Business and Human Rights: Preliminary ThoughtsMichael K. Addo I. Introduction II. The mandate of the Working Group III. The strategy of the Working Group A. Convergence B. Holistic standards C. Individual communications D. The business case E. Strategic partnerships IV. Conclusion On the Twentieth Anniversary of the United Nations Declaration for the Protection of All Persons Against Enforced DisappearancesOlivier de Frouville I. Introduction II. Towards the adoption of the Declaration III. The Working Group as interpreter and guardian of the Declaration IV. New challenges Extreme Poverty and Human Rights: A Social Struggle Against a Global IssueMagdalena Sepulveda CarmonaI. The Special Procedures of the UN Human Rights Council and the mandate of the Special Rapporteur on extreme poverty and human rights II. Social protection programmes (cash transfer): characteristics and principles of a human rights-based approach A. Characteristics a. Legal and institutional framework b. Strategy and global view of poverty alleviation B. Principles a. Equality and non discrimination 1) Prioritize the most disadvantaged groups 2) Gender equality 3) Respect of the principles of accessibility and adaptability b. Transparency and access to information c. Accountability mechanisms d. Significant and effective participation of the beneficiaries III. The Guiding Principles on Extreme Poverty and Human Rights A. The history and development of the Guiding Principles on Extreme Poverty and Human Rights . B. The rationale behind the Guiding Principles Victims, Communications and the Special Procedures of the UNHuman Rights CouncilCatalina Rivera Diaz I. Introduction II. The origins of Special Procedures communications III. Current practice of Special Procedures mandate-holders regarding communications IV. Communications as a quasi-jurisdictional procedure and other characteristics V. Final commentsNational Human Rights Institutions and Their Collaboration with the Special Procedures of the Human Rights CouncilMinerva Martinez Garza I. Introduction II. NHRIs under international law: the Paris Principles III. The interaction between international human rights law, domestic law and NHRIs IV. Broadening the role of NHRIs under domestic law: perspectives for Mexico V. Conclusion Notes on the contributors
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