The Experts below are selected from a list of 4230 Experts worldwide ranked by ideXlab platform
Kwong-leung Tang - One of the best experts on this subject based on the ideXlab platform.
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Internationalizing Women’s Struggle against Discrimination: The UN Women’s Convention and the Optional Protocol
British Journal of Social Work, 2004Co-Authors: Kwong-leung TangAbstract:Summary In the face of rampant violations of women's human rights, women's activism for change has extended beyond the national boundary. This paper discusses the importance of the United Nations Convention on the Elimination of All Forms of Discrimination against Women (Women's Convention) in the promotion of women's rights. Adopted by the UN General Assembly in 1979, this Convention has been ratified by over 170 nations. As an anti-discrimination treaty, it has both strengths and weaknesses. Recently, it has been strengthened through the introduction of an individual complaint mechanism (the Optional Protocol). It also provides for the conduct of special inquiry into violations of women's rights. To draw benefits from the Convention, women across the world must understand and act upon its key provisions. Social workers should support and facilitate its implementation by educating women about its main provisions, assisting them in the complaint procedure and overseeing states' full compliance with the Convention.
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internationalizing women s struggle against discrimination the un women s convention and the Optional Protocol
British Journal of Social Work, 2004Co-Authors: Kwong-leung TangAbstract:Summary In the face of rampant violations of women's human rights, women's activism for change has extended beyond the national boundary. This paper discusses the importance of the United Nations Convention on the Elimination of All Forms of Discrimination against Women (Women's Convention) in the promotion of women's rights. Adopted by the UN General Assembly in 1979, this Convention has been ratified by over 170 nations. As an anti-discrimination treaty, it has both strengths and weaknesses. Recently, it has been strengthened through the introduction of an individual complaint mechanism (the Optional Protocol). It also provides for the conduct of special inquiry into violations of women's rights. To draw benefits from the Convention, women across the world must understand and act upon its key provisions. Social workers should support and facilitate its implementation by educating women about its main provisions, assisting them in the complaint procedure and overseeing states' full compliance with the Convention.
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Realizing Women's Human Rights in Asia: The UN Women's Convention and the Optional Protocol
Asian Journal of Women's Studies, 2003Co-Authors: Kwong-leung Tang, Jacqueline Tak-york CheungAbstract:AbstractDifferent international legal agreements have been arrived at by nations to deal with the global problem of discrimination against women, the most important of which is the Convention on the Elimination of All Forms of Discrimination against Women (the Women's Convention). This paper discusses the importance of the Optional Protocol to the Women's Convention for Asian women, which was adopted by the UN General Assembly in 1999. It provides for an individual complaint procedure against violations of women's rights and allows the Committee on the Elimination of All Forms of Discrimination against Women (CEDAW) to conduct special investigations into violations of women's rights.Asian countries have been very slow to ratify the Protocol. Many Asian women are not aware of the potential gains and protection that could come from international human rights law for women. To benefit from the Optional Protocol, women's groups and NGOs in Asia would have to promote the idea of individual complaints against t...
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The leadership role of international law in enforcing women's rights: The Optional Protocol to the Women's Convention
Gender & Development, 2000Co-Authors: Kwong-leung TangAbstract:In October 1999, the United Nations General Assembly adopted the Optional Protocol to the 1979 Convention on the Elimination of All Forms of Discrimination Against Women (otherwise known as the Women's Convention). As of September 2000, 62 states have signed the Optional Protocol, and nine of these have ratified it. Women's rights activists hope that through the Protocol, the international legal system will lead governments to address the issue of violence against women and other violations of their rights. This article charts the development of the Optional Protocol, and assesses the difference it will make to women who face violations of their human rights.
Lilian Chenwi - One of the best experts on this subject based on the ideXlab platform.
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An appraisal of international law mechanisms for litigating socio-economic rights, with a particular focus on the Optional Protocol to the international covenant on economic, social and cultural rights and the African Commission and Court
2011Co-Authors: Lilian ChenwiAbstract:Litigation of socio-economic rights at international level is a viable option where access to justice at the national level is unattainable. International law mechanisms for litigating these rights are therefore useful for marginalised groups and people living in poverty. This is also based on the important role of these mechanisms in ensuring that States meet the obligations they have committed to in human rights treaties, and provide effective remedies in cases of violations. This article assesses, taking into consideration some broad principles, the international law mechanisms for litigating socio-economic rights at the UN and African regional levels, particularly the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights ("OP-ICESCR") and the African Court on Human and Peoples' Rights and the African Commission on Human and Peoples' Rights complaints mechanisms. The article illustrates that while these mechanisms have the potential to advance the rights of the poor and marginalised, and in some case have been successful in doing so, they are not without drawbacks that impact on their effectiveness.
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Promoting socio-economic rights in South Africa through the ratification and implementation of the ICESCR and its Optional Protocol : feature
2010Co-Authors: Lilian Chenwi, Rishi HardowarAbstract:The effective implementation of socio-economic rights not only requires the recognition of these rights as justiciable or enforceable rights and the development and implementation of policies to give effect to them at the national level. It also necessitates the ratification and implementation of international treaties. This underlines the need to consider the International Covenant on Economic, Social and Cultural Rights, 1966 (ICESCR), and its Optional Protocol, 2008 (OP-ICESCR), in augmenting domestic efforts. The United Nations (UN) Committee on the Rights of the Child, for instance, has stated that the ratification of the ICESCR would strengthen the efforts of South Africa to meet its obligations in guaranteeing the rights of all children under its jurisdiction (Concluding observations on the initial report of South Africa, UN doc. CRC/C/15/Add.122, para 11).
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Correcting the historical asymmetry between rights : the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
African Human Rights Law Journal, 2009Co-Authors: Lilian ChenwiAbstract:On 10 December 2008, the United Nations General Assembly unanimously adopted the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The Optional Protocol ensures that, just like victims of civil and political rights violations, victims of economic, social and cultural rights violations have access to remedies at the international level. This article examines the Optional Protocol, starting with the historical background and its content, highlighting some of the main issues of controversy.
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First reading of the draft Optional Protocol to the International Covenant on Economic, Social and Cultural Rights : international development
2007Co-Authors: Lilian ChenwiAbstract:In an earlier article in the ESR Review (Chenwi & Mbazira, 2006) we indicated that governments were about to decide on whether to proceed with the drafting of an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR), which will provide for a complaints procedure. We also set out the historical background and the debate about the need for the Optional Protocol.
Wouter Vandenhole - One of the best experts on this subject based on the ideXlab platform.
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the Optional Protocol to the international covenant on economic social and cultural rights an ex ante assessment of its effectiveness in light of the drafting process
Human Rights Law Review, 2010Co-Authors: Arne Vandenbogaerde, Wouter VandenholeAbstract:In this article it is submitted that the text of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, as finally adopted on 10 December 2008, is to be seen as the outcome of a drafting process that was dominated by ideological prejudices rather than concerns with potential effectiveness. It goes without saying that political and ideological considerations always play a large part in negotiations of human rights instruments. However, the key question is whether this bargaining process has resulted in a potentially effective mechanism for addressing economic, social and cultural (ESC) rights violations, which takes into account the specificity of ESC rights, or rather an instrument which reflects the longstanding ideological prejudices against and scepticism towards ESC rights. Potential effectiveness is believed to have been jeopardised by weak wording, as a weak procedure is unlikely to be able to satisfactorily respond to violations of rights. At times an absolutist search for consensus seems to have been the driving force behind weakening the text.
Elina Steinerte - One of the best experts on this subject based on the ideXlab platform.
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The Jewel in the Crown and Its Three Guardians: Independence of National Preventive Mechanisms Under the Optional Protocol to the UN Torture Convention
Human Rights Law Review, 2014Co-Authors: Elina SteinerteAbstract:This article examines the implementation of one of the central requirements of the Optional Protocol to the United Nations Convention against Torture (OPCAT) concerning National Preventive Mechanisms (NPMs), the requirement of independence. While seemingly straightforward, it is in fact a multi-faceted concept which, given the diversity of shapes and forms that NPMs around the world take, manifests itself differently in different legal contexts. Moreover, there are three ‘guardians’ of this requirement as it is not only States Parties who have a responsibility to set up independent NPMs and maintain their independence throughout the NPMs existence: the Subcommittee on Prevention of Torture as well as NPMs themselves also have a significant role to play, especially in relation to perceived independence. This article argues that the condition of independence imposed by OPCAT in relation to NPMs is not and indeed cannot be a strictly defined legal concept with the exact same outlines in every jurisdiction. Any appraisal of individual NPM’s independence must take note of this.
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The Optional Protocol to the UN Convention Against Torture
2011Co-Authors: A.g. Hallo De Wolf, Elina Steinerte, Malcolm D. Evans, Rachel H MurrayAbstract:1. The origins and development of OPCAT 2. Drafting of OPCAT: Towards deadlock 1991-2000 3. The text of OPCAT 4. The Scope of OPCAT 5. The Role of the SPT 6. The Role of NPMs 7. OPCAT within the Broader UN and Regional System 8. Regional Trends towards Ratification and Implementation of OPCAT 9. Conclusion: Emerging Trends and the Future of OPCAT Appendix I: OPCAT Appendix II: Rules of Procedure of the Subcommittee on Prevention of Torture Appendix III: Guidelines of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in relation to visits to States parties Appendix IV: Preliminary Guidelines on NPMs Appendix V: Guidelines on National Preventive Mechanisms Appendix VI: The approach of the Subcommittee on Prevention of Torture to the concept of prevention of torture and other cruel, inhuman or degrading treatment or punishment under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Appendix VII: Members of the SPT as at January 2011 Appendix VIII: Chronology of States visited by the SPT
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Same but Different? National human rights commissions and ombudsman institutions as national preventive mechanisms under the Optional Protocol to the UN Convention Against Torture
2009Co-Authors: Elina Steinerte, Rachel H MurrayAbstract:This article explores whether the designation of an ombudsman as a national preventative mechanism (NPM) under the Optional Protocol to the UN Convention Against Torture and other cruel, inhuman or degrading treatment or punishment (OPCAT) poses different challenges to designation of an human rights commission (HRC) as an NPM. Traditionally, ombudsman institutions are entities concerned with oversight over the proper administration of justice and not human rights specifically, taking a rather legalistic approach. Thus, if designated as NPMs, ombudsman institutions may need to think carefully about the shift required in terms of their approach so as to embrace the preventive mandate that the OPCAT requires. HRCs are traditionally more concerned with the broader aspects of protection and promotion of human rights and, thus, may find it easier to grasp the pro-active nature of the NPM mandate. On the other hand, an ombudsperson in one state is very different from an ombudsperson in another, and the same is true of HRCs; in some countries, HRCs discharge quasi-judicial functions that position their mandates close to those traditionally carried out by ombudsman institutions in other countries. Therefore, it is often difficult to make effective comparisons and generalisations are also problematic. As a result, it would be wrong to conclude that an ombudsperson is better suited to be an NPM than a HRC (or vice versa) per se; it depends on the specific context. In a particular state, often there is only one institution that possesses the expertise required of an NPM; more importantly, often only one institution is regarded as having the requisite level of legitimacy by the relevant stakeholders. What is important, therefore, is an awareness that different bodies, in different contexts and jurisdictions, raise different issues and challenges with respect to their ability to function as an effective NPM. ∗ Dr Elina Steinerte is Research Associate of the Human Rights Implementation Centre. Prof. Rachel Murray is Professor of International Human Rights Law. Both are based at the Law School, University of Bristol. This article arises out of a three year research project, funded by the AHRC, that deals with various issues surrounding the implementation of the OPCAT. For further information, see the project’s web page: http://www.bris.ac.uk/law/research/centres-themes/opcat/index.html. Elina Steinerte and Rachel Murray – Same But Different?
Tiny Vandewiele - One of the best experts on this subject based on the ideXlab platform.
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Commentary on the United Nations Convention on the Rights of the Child, Volume 46 Optional Protocol: The Involvement of Children in Armed Conflicts - A Commentary on the United Nations Convention on the Rights of the Child, Optional Protocol 1
2006Co-Authors: Tiny VandewieleAbstract:This volume constitutes a commentary on the First Optional Protocol to the United Nations Convention on the Rights of the Child, dealing with the involvement of children in armed conflicts. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.
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a commentary on the united nations convention on the rights of the child Optional Protocol 1
ISSN: 1574-8626, 2006Co-Authors: Tiny VandewieleAbstract:This volume constitutes a commentary on the First Optional Protocol to the United Nations Convention on the Rights of the Child, dealing with the involvement of children in armed conflicts. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.
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Optional Protocol the involvement of children in armed conflicts
2005Co-Authors: Tiny VandewieleAbstract:List of Abbreviations Author Biography Text of the Optional Protocol Chapter One Introduction Chapter Two Comparison with Related International Instruments 1. Universal Instruments 1.1 1977 Additional Protocols to the Geneva Conventions 1.2 1989 Convention on the Rights of the Child 1.3 1998 Rome Statute of the International Criminal Court 1.4 1999 ILO Convention No 182 on the Worst Forms of Child Labour 1.5 United Nations Resolutions and Recommendations 2. Regional Instruments 2.1 Binding Regional Instruments: the African Child Charter 2.2 Other Regional Initiatives Chapter Three Scope of the Optional Protocol Preamble 1. Article 1: Direct Participation in Hostilities 1.1 Direct Participation in Hostilities 1.2 Members of their Armed Forces Younger than 18 Years 1.3 Obligation of Means Resting on States Parties 2. Article 2: Compulsory recruitment 2.1 Compulsory Recruitment into their Armed Forces 2.2 Persons Who Have Not Attained the Age of 18 Years 2.3 Obligation of Result Resting on States Parties 3. Article 3: Voluntary Recruitment 3.1 Article 3(1): Higher Minimum Age 3.2 Article 3(2): Binding Declaration 3.3 Article 3(3): Minimum Safeguards 3.4 Article 3(4): Strengthening of Declaration 3.5 Article 3(5): Military Schools 4. Article 4: Armed Groups 4.1 Article 4(1): Recruitment or Use in Hostilities 4.2 Article 4(2): Prevention 4.3 Article 4(3): Legal Status of the Parties 5. Article 5: Safeguard Clause 6. Article 6: Implementation, Dissemination, emobilisation and Recovery 6.1 Article 6(1): Implementation and Enforcement 6.2 Article 6(2): Dissemination 6.3 Article 6(3): Demobilisation and Recovery 7. Article 7: International Cooperation 7.1 Article 7(1): Cooperation in the Implementation of the Protocol 7.2 Article 7(2): Programmes or Fund 8. Article 8: Reporting 8.1 Article 8(1): Initial Reports 8.2 Article 8(2): Periodic Reporting 8.3 Article 8(3): Request for Further Information 9. Article 9: Signature, Ratification/Accession 10. Article 10: Entry into Force 11. Article 11: Denunciation 12. Article 12: Amendments 13. Article 13: Authentic Versions, Deposit, Transmission of Copies.
