Browsing 01. Global Campus Human Rights Journal by Subject "accountability"
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ItemChildren’s rights budgeting and social accountability: Children’s views on its purposes, processes and their participation(Global Campus of Human Rights, 2020) Lundy, Laura ; Orr, Karen ; Marshall, ChelseaChildren’s rights budgeting is an international human rights priority and the focus of the UN Committee on the Rights of the Child’s 2016 General Comment on Public Budgeting for the Realisation of Children’s Rights. General Comment 19 was informed by a consultation that gathered the views of 2 693 children in 71 varied national contexts across all five UN regions. The article describes the process and findings of this consultation, setting out the views of children across the world as to how their governments should make spending decisions that are sufficient, equitable, efficient, transparent and participatory. The consultation provides unique insights into how children in very different contexts think about the ways in which their governments can and do allocate public funds for children and their families in ways that support or undermine the realisation of their rights. The article identifies some of the barriers to including children in decision making on public spending, but challenges assumptions that they are not able to be or interested in being involved. It suggests that if participatory budgeting is to be effective for children, it will require bespoke forms of social accountability. Key words: children’s rights; participation; budgeting; social accountability
ItemThe impact of the economic crisis on human rights in Europe and the accountability of international institutions(Global Campus, 2017-01) Ginsborg, LisaThe impact of austerity measures in Europe on human rights has now been widely documented by international and regional bodies and scholars working in the area. The article begins its investigation by briefly examining the impact of austerity measures adopted by European states on human rights standards, with a particular emphasis on the cases of those Eurozone states in bail-louts. The second part of the article investigates the role of international institutions in the austerity measures in Europe, and the institutional framework underlying the bailout measures in the Eurozone. It places a particular emphasis on the European Stability Mechanism (ESM), now established as a permanent crisis resolution mechanism. In this context, the article exposes a number of problems linked to the absence of accountability of the ESM, including its democratic deficit, technocratic rule and lack of transparency. At the heart of the article are questions around the degree of autonomy left to states in the context of austerity measures, and whether a certain degree of responsibility for the human rights violations resulting from these measures may be attributed directly to the institutions driving the conditionality agenda. The main legal framework will be international law, both international human rights law and international institutional law, which is still lagging behind in terms of direct accountability of international organisations for human rights violations, but remains a rich and useful field from which to derive a number of conclusions about the human rights responsibility of international institutions. The article concludes with a number of recommendations aimed directly at the international institutions in their imposition of austerity measures. Many countries in the west seem to be doing their best to go straight into the mouth of a fairly hefty snake ... austerity measures in Europe are a spiralling catastrophe (Sen 2011).
ItemSelected developments in human rights and democratisation during 2015: Sub-Saharan Africa(Global Campus, 2017-01) Killander, Magnus ; Obura, Ken ; Ashenafi, AbiyThis brief overview of selected developments with regard to human rights and democratisation in sub-Saharan Africa in 2015 paints a mixed picture of progress and challenges both at the national and regional levels. The contribution discusses elections held in 2015, accountability for mass atrocities, the protection of LGBTI rights and gender equality. With regard to elections, some may be seen as reflecting the will of the electorate, while others clearly were just meant as a show to endorse a predetermined outcome. With regard to accountability for mass atrocities, heads of state do their utmost to avoid judicial scrutiny. LGBTI rights remain a controversial issue, with some states playing on homophobic sentiments to win political points, at the expense of human rights and the rule of law. In 2015, the AU Executive Council challenged the independence of the African Commission on Human and Peoples’ Rights by directing the Commission to withdraw the observer states granted to the Coalition of African Lesbians. However, at the national level, there have been encouraging judgments, for example with regard to the right of freedom of association of LGBTI groups. Gender equality also remains a contested issue, as illustrated by a case of the Ugandan Supreme Court dealing with the gender equality implications of the bride price.
ItemSelected developments in human rights and democratisation during 2016: Sub-Saharan Africa(Global Campus, 2017-12) Nyarko, Michael GyanThis brief overview of selected developments in human rights and democratisation in sub-Saharan Africa during 2016 paints an uneven picture of progress, stagnation and retrogression at the global, regional and national levels. The contribution discusses elections held in 2016 and pertinent jurisprudence on elections and electoral management bodies during the year; accountability for mass atrocities; LGBTI rights; women’s rights; and protests and internet shutdowns. As far as elections were concerned, many were free and fair and led to democratic changes of government, while others were manipulated by incumbents to maintain their stay in power. In terms of jurisprudence in support of democracy, the African Court delivered an important judgment against Côte d’Ivoire on the need to ensure the fair composition of electoral management bodies. With regard to accountability for mass atrocities, the African Union’s onslaught against the International Criminal Court started yielding results, with Burundi, The Gambia and South Africa withdrawing their membership of the ICC, even though The Gambia and South Africa have subsequently revoked their withdrawals. On a positive note, the Extraordinary African Chambers convicted and sentenced former Chad dictator, Hissène Habré, to life imprisonment for atrocities committed between 1982 and 1990. With regard to LGBTI rights, even though the national executive continues to be an impediment, national courts are increasingly taking on the mantle of protecting LGBTI rights, especially in respect of the right to freedom of association and assembly. While the realisation of women’s rights continues to face significant challenges at the national level, the AU showed encouraging signs of its commitment to gender equality, especially in a decision by the AU Assembly to only elect female judges to the African Court in order to ensure the gender balance of the Court. As far as protests are concerned, many states used internet shutdowns as a means of silencing dissent, especially during elections and protests that infringed on rights such as freedom of association, expression and assembly, in addition to substantial financial consequences. Key words: human rights; democratisation; sub-Saharan Africa; elections; LGBTI; gender; women’s rights; internet shutdowns; accountability
ItemSelected developments in human rights and democratisation during 2017: Sub-Saharan Africa(Global Campus, 2018-10) Nyarko, Michael Gyan ; Makunya, TrésorAbstract: This article reviews selected developments in human rights and democratisation in sub-Saharan African during 2017. It discusses the presidential elections held in Kenya, Liberia, Angola, Rwanda and Somalia/ Somaliland, noting in particular democratic gains in Liberia, Angola and Somalia where elections resulted in changes of government, which brought in new leadership. It further notes the democratic crises in Zimbabwe, where President Mugabe was removed from power through military intervention, and in the Democratic Republic of the Congo, where instability continued due to efforts by incumbent President Kabila to prolong his term of office. It reports on incidents of protests, recurrent internet shutdowns and interference with the freedom of expression and right of access to information in various African countries. The authors identify the cause of the rift between the African Union and the International Criminal Court as the Al-Bashir warrant issued pursuant to a Security Council Resolution, and recommend that the AU should focus on petitioning the Security Council to withdraws its referral, rather than to persist with its current onslaught against the ICC. In this context, they discuss the decision of ICC Pre-Trial Chamber, which clarified that there is no conflict between article 27(2) and article 98 of the ICC Statute in relation to state parties to the Statute or states referred to the ICC by the Security Council. As far as women’s rights are concerned, the article traces significant normative and jurisprudential gains, in particular the adoption of the Joint General Comment on ending child marriage, the Guidelines on combating gender-based violence and its consequences, and the decision of the ECOWAS Court of Justice against Nigeria denouncing gender-based discrimination as a violation of the right to dignity and non-discrimination. Key words: human rights; democracy; sub-Saharan Africa; elections; mass atrocities; accountability; women’s rights