Volume 7 No 1
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Browsing Volume 7 No 1 by Subject "human rights"
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ItemAccess to justice through the obligations developed by the United Nations Human Rights treaty bodies(Global Campus Human Rights, 2023) Aguirre, Cláudia : de FreitasAccess to justice is not a new theme in the academic literature, and there are several approaches to the subject. Nevertheless, the objective of this article is not the analysis of access to justice in theory. Instead, it aims to reflect on it as a human right. Indeed, there is a close link between human rights violations and the need for remedies and/or access to justice mechanisms in general. In addition, the consideration of access to justice as a human right in itself and a precondition for all other human rights leads us to investigate the specific state’s obligations. Hence, the article focuses on the general comments/recommendations of UN treaty bodies, as they represent the authoritative interpretation of legally binding treaties, consequently establishing consolidated positions on the state’s obligations regarding access to justice. The article’s objective is, in a legal analysis, to identify the precise duties encompassing the right to access justice. By recognizing these obligations, the article aims to systematize some trends in their evolution, striving to pinpoint which vectors drive such tendencies, with a brief contextualization in the studies on the renewal waves of access to justice. Finally, after acknowledging these obligations/standards, their implications for realizing the right to access justice in practice from the perspective of states, treaty bodies, victims, and other human rights actors, are reflected upon.
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ItemCombating climate change and promoting human rights through associativism(Global Campus Human Rights, 2023) Menezes, Anna Cláudia ; Belli, Lourega ; Voigt Pisconti Machado, ClaudiaPreserving nature and promoting human rights emerge as pressing challenges in contemporary society. Companies, as prominent economic agents, play a crucial role in building a more equitable and environmentally sustainable world. In this context, associativism stands out as a crucial tool, enabling companies to collaborate jointly with local communities and non-governmental organisations in the creation of projects and initiatives beneficial to all. In the realm of climate change, fossil fuels stand out as the primary emitters of greenhouse gases. Associativism emerges as a valuable tool in addressing climate change, through this collaborative approach, companies can cooperate with local communities and non-governmental organisations in designing projects and initiatives aimed at reducing dependence on fossil fuels and driving the transition to a low-carbon economy. This article investigates how companies, through associativism, can take effective measures for environmental preservation and the prevention of human rights violations in the context of climate change. The research was conducted through literature review and document analysis. The results obtained suggest that sustainable development practices adopted by companies committed to promoting the rights of nature and humans have the potential to reduce the environmental impact of business operations, promote social well-being, and strengthen collaboration between companies, local communities, and civil society organisations. Companies incorporating associational practices to drive sustainability are more likely to achieve the Sustainable Development Goals (SDGs) outlined in the UN’s 2030 Agenda.
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ItemRethinking China’s challenge to human rights: The case of tourism development in Tibet(Global Campus Human Rights, 2023) Genoud, ChristelleIn recent years, the challenge that the Chinese Human Rights Narrative poses to the human rights regime has gained a special sense of urgency as the issue has become embedded into the larger geopolitical debate on China’s threat to the liberal world order. This article shifts the focus from the opposition between the liberal and Chinese Narratives to discrepancies between China’s Human Rights narrative and practices and challenges liberal human rights, which have been contentious from their inception. Ironically, the Chinese government does not live up to the narrative based on which it confronts liberal democracies. Through the case of tourism development in Tibet, the article illustrates that while China emphasises the right to development by promoting human rights for all individuals, the government’s implementation is anchored into violations of the cultural rights of ethnic minorities. With this perspective in mind, the study calls for a defence of human rights grounded on discrepancies between the narrative and actual practices rather than a status quo defence of the human rights regime.