Workshop on public participation in international negotiations on environmental matters: Panel on environmental justice and access rights for sustainable development in Latin America and the Caribbean

This publication was prepared with financial support from the United Nations Development Account and the project “Addressing critical socio-environmental challenges in Latin America and the Caribbean ”

Contesting human rights through institutional reform:a case study of the reform of the UK Equality and Human Rights Commission

This article presents a case study of the recent reform of the United Kingdom Equalities and Human Rights Commission, to address a critical gap in the literature on national human rights institutions (NHRIs) concerning the power of governments to exert control over these institutions through reform processes. Through this analysis, the article demonstrates, first, that NHRIs are affected by contextual factors not only related to the popularity of the human rights agenda but also to wider policy agendas which impact on their status and functions; and second, that attempts by government to exert more administrative control can be significantly problematic for the operational independence of NHRIs.

Migrants and the Hungarian Society. Dignity, Justice and Civic Integration

The aim of the research was to explore the integration, political and civic participation of "third country nationals residing in Hungary" (hereafter, immigrants or migrants). How immigrants and Hungarian society interpret political and civic activity was examined, along with how this is correlated to their material, cultural and social resources (using such concepts as identity and action potential, as well as the sense of fairness and dignity). The samples do represent Hungarian society and those people staying in Hungary with immigration or residence permits/ permanent residence (collectively labeled as immigrants). It should be stressed that the immigrants we studied are not refugee camp dwellers or foreigners employed illegally in Hungary. Though themselves faced with a lot of problems, the immigrants we interviewed are in a far more favorable position than refugees or aliens employed in the grey economy. This is an important fact to be remembered when reading about the research.

Supremo interesse: protagonismo político-regulatório e a evolução institucional do processo de seleção dos ministros do STF

Partindo da constatação de que o Brasil acompanha hoje um fenômeno global de protagonismo das cortes supremas nas sociedades complexas contemporâneas, notadamente na criação de políticas-públicas e regulação, o estudo procura mapear a evolução – e progressiva democratização – de uma estrutura de freios e contrapesos prevista na Constituição da República Federativa do Brasil de 1988 (“Constituição”), qual seja, o processo de seleção dos ministros do Supremo Tribunal Federal. Ao longo do texto é analisada a arquitetura institucional e constitucional do processo de indicação e aprovação de novos ministros, bem como exemplificadas mudanças no perfil dos atores políticos, no plexo de competências das instituições envolvidas e no contexto social, político, econômico e cultural que forçaram a transformação prática do modelo de seleção institucional, sem alteração, no entanto, da formatação originalmente prevista desde o Século XIX. Mapeando a origem e evolução da fórmula constitucional de colaboração entre o Poder Executivo e o Poder Legislativo para a escolha dos membros da cúpula do Poder Judiciário, o estudo identifica a origem do modelo brasileiro na inspiração da experiência norte-americana, descrevendo esta e os paralelos possíveis com aquele. A partir do marco central da Constituição, o trabalho procura demonstrar uma progressiva mobilização de atores políticos e sociais em relação ao processo de escolha, notadamente em relação ao momento em que os indicados para o Supremo Tribunal Federal são sabatinados pela Comissão de Constituição, Justiça e Cidadania do Senado Federal. Finalmente, são analisadas concretamente as sabatinas e algumas das suas principais discussões, buscando extrair lições que sirvam de norte colaborativo para a evolução da forma de seleção dos ministros do Supremo Tribunal Federal, inclusive como instrumento de controle prévio de seus membros, futuros elaboradores de políticas-públicas.

Transitional justice in Nepal: the Commission on Investigation of Disappeared Persons, Truth and Reconciliation Act 2014

The Commission on Investigation of Disappeared Persons, Truth and Reconciliation Act 2014 is Nepal’s latest attempt to establish a transitional programme to respond to conflict era abuses. In part, the Act remedies the inadequacies of the 2013 Ordinance. It creates two commissions, on truth and reconciliation and enforced disappearances, makes provision for the establishment of a Special Court to try past abuses and incorporates systems to enable vulnerable witnesses to participate in truth seeking. Yet in a number of respects it continues to fall short of international legal standards, not least in the possibility of amnesty for international crimes and gross violations of human rights. In addition, the relationship between the three mechanisms – truth seeking, amnesty and prosecution – remains unclear and safeguards for individual rights are lacking. This paper explores these recent developments, highlighting issues that must be remedied if transitional justice objectives are to be achieved in Nepal.

Government and the advancement of social justice : health, welfare, education, and civil rights in the eighties : report of the Panel on Government and the Advancement of Social Justice: Health, Welfare, Education, and Civil Rights.

Mode of access: Internet.

Environmental rights, justice and climate change

The human rights implications of climate change are increasingly gaining attention, with wider international acknowledgement that climate change poses a real threat to human rights. This paper considers the impact of climate change on human rights, looking particularly at the experiences of Torres Strait Islanders in northern Australia. It argues that human rights law offers a guiding set of principles which can help in developing appropriate strategies to combat climate change. In particular, the normative principles embodied in environmental rights can be useful in setting priorities and evaluating policies in response to climate change. The paper also argues that a human rights perspective can help address the underlying injustice of climate change: that it is the people who have contributed least to the problem who will bear the heaviest burden of its effects.

Human rights and environmental wrongs : achieving environmental justice through human rights law

The links between the environment and human rights are well established internationally. It is accepted that environmental problems impact on individuals’ and communities’ enjoyment of rights which are guaranteed to them under international human rights law. Environmental issues also impact on governments’ capacity to protect and fulfil the rights of their citizens. In addition to these links between the environment and human rights, it is argued that human rights principles offer a strategy for addressing environmental injustice. The justice implications of environmental problems are well documented, with many examples where pollution, deforestation or other degradation disproportionately impacts upon poorer neighbourhoods or areas populated by minority groups. On the international level, there are environmental injustices which exist between developed and developing states. Further, there are also potential injustices for future generations. This paper investigates the role of human rights principles in addressing these instances of environmental injustice, and argues that the framework of human rights norms provides an approach to environmental governance which can help to minimise injustice and promote the interests of those groups who are most adversely affected. Further, it suggests that the human rights enforcement mechanisms which exist at international law could be utilised to lend more weight to claims for more equitable environmental policies.

Justice, globalisation and human rights

Criminal Justice: Local and Global covers the way the 'local' can be widened out to look at international, transnational and supranational aspects of justice. This means that issues such as corporate crime and human rights can be discussed in a comparative and critical way, examining the possibility, for example of an International Criminal Court, cross-national jurisdictions of regulation and control (such as Interpol) and so on. Each chapter covers a different area of regulation, punishment and process.

Human rights and environmental wrongs : achieving environmental justice through human rights law

The numerous interconnections between the environment and human rights are well established internationally. It is understood that environmental issues such as pollution, deforestation or the misuse of resources can impact on individuals’ and communities’enjoyment of fundamental rights, including the right to health, the right to an adequate standard of living, the right to self‐determination and the right to life itself. These are rights which are guaranteed under international human rights law and in relation to which governments bear certain responsibilities. Further, environmental issues can also impact on governments’ capacity to protect and fulfil the rights of their citizens. In this way human rights and environmental protection can be constructed as being mutually supportive. In addition to these links between the environment and human rights, human rights principles arguably offer a framework for identifying and addressing environmental injustice. The justice implications of environmental problems are well documented and there are many examples where pollution, deforestation or other degradation disproportionately impact upon poorer neighbourhoods or areas populated by minority groups. On the international level, environmental injustice exists between developed and developing States, as well as between present and future generations who will inherit the environmental problems we are creating today. This paper investigates the role of human rights principles, laws and mechanisms in addressing these instances of environmental injustice and argues that the framework of human rights norms provides an approach to environmental governance which can help to minimise injustice and promote the interests of those groups which are most adversely affected. Further, it suggests that the human rights enforcement mechanisms which exist at international law could be utilised to lend weight to claims for more equitable environmental policies.

The Church of England : Charity Law and Human Rights

This book examines the interface between religion, charity law and human rights. It does so by treating the Church of England and its current circumstances as a timely case study providing an opportunity to examine the tensions that have now become such a characteristic feature of that interface. Firstly, it suggests that the Church is the primary source of canon law principles that have played a formative role in shaping civic morality throughout the common law jurisdictions: the history of their emergence and enforcement by the State in post-Reformation England is recorded and assessed. Secondly, it reveals that of such principles those of greatest weight were associated with matters of sexuality: in particular, for centuries, family law was formulated and applied with regard for the sanctity of the heterosexual marital family which provided the only legally permissible context for any form of sexual relationship. Thirdly, given that history, it identifies and assesses the particular implications that now arise for the Church as a consequence of recent charity law reform outcomes and human rights case law developments: a comparative analysis of religion related case law is provided. Finally, following an outline of the structure and organizational functions of the Church, a detailed analysis is undertaken of its success in engaging with these issues in the context of the Lambeth Conferences, the wider Anglican Communion and in the ill-fated Covenant initiative. From the perspective of the dilemmas currently challenging the moral authority of the Church of England, this book identifies and explores the contemporary ‘moral imperatives’ or red line issues that now threaten the coherence of Christian religions in most leading common law nations. Gay marriage and abortion are among the host of morally charged and deeply divisive topics demanding a reasoned response and leadership from religious bodies. Attention is given to the judicial interpretation and evaluation of these and other issues that now undermine the traditional role of the Church of England. As the interface between religion, charity law and human rights becomes steadily more fractious, with religious fundamentalism and discrimination acquiring a higher profile, there is now a pressing need for a more balanced relationship between those with and those without religious beliefs. This book will be an invaluable aid in starting the process of achieving a triangulated relationship between the principles of canon law, charity law and human rights law.