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UN Convention (un + convention)
Selected AbstractsThe implementation of international nature conservation agreements in Europe: the case of the NetherlandsENVIRONMENTAL POLICY AND GOVERNANCE, Issue 3 2001Graham Bennett Nature conservation policy in European countries is increasingly determined by the requirements of a wide range of international agreements. The most important are two EU directives (the Birds Directive and the Habitats Directive) and four conventions (the Ramsar Convention, the Bern Convention, the Bonn Convention and the UN Convention on Biological Diversity). The main foci of these instruments are habitats and species that are of international importance or require international cooperation to secure their effective conservation. Despite the importance of these habitats and species, implementation of the instruments has been uneven. The Netherlands provides a interesting example of implementation issues. The legislation necessary to enable the government to legally designate areas that have to be protected under the Birds Directive was only adopted in 1998, 17 years after the deadline fixed by the directive. This legislation has enabled the government to nominate areas for designation under the Birds and Habitats Directive. However, not all the sites that fall under the criteria of the Directives have been included in the list, and the legislation does not include the required provision concerning compensation for areas that are protected under the Habitats Directive and then damaged by activities that are authorized in the public interest. In the case of the Ramsar Convention, the government is planning to increase the number of designated sites, but the total number of sites will still represent inadequately the types of wetland of international importance that are found in the Netherlands. Despite this uneven implementation, the instruments , particularly the EU Directives , are having far-reaching effects on nature conservation in Europe. The most important consequences are that ecological considerations are the sole and absolute criteria for determining whether a site should be protected under the EU Directives and that many areas that until now only enjoyed limited protection under the spatial planning system now have to be legally protected from virtually all forms of damage. However, in practice many development plans take only limited account of the biodiversity conservation requirements implied by international conventions. Copyright © 2001 John Wiley & Sons, Ltd. and ERP Environment [source] THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD AND THE NEED FOR ITS INCORPORATION INTO A BILL OF RIGHTSFAMILY COURT REVIEW, Issue 1 2006Hon. Alastair Nicholson In this article I discuss the failure of most democratic countries to accept or properly implement the UN Convention on the Rights of the Child, despite, except in the case of the United States, having ratified it. I consider the domestic implementation of treaties. I discuss, from an Australian perspective, that country's failure to enact a Bill of Rights and argue that children in Australia have suffered as a result. I also discuss judicial approaches to international law and compare the situation in countries such as the United States, the United Kingdom, Canada, and New Zealand and suggest that even in those countries that do have a Bill of Rights, it is not oriented toward children and therefore does not properly recognize their rights. [source] The United Nations Convention on the Assignment of Receivables in International Trade: insolvency aspectsINTERNATIONAL INSOLVENCY REVIEW, Issue 3 2004Spiros V. Bazinas Breaking new ground, the UN Convention on the Assignment of Receivables in International Trade refers all priority conflicts with respect to receivables to the law of single and easily determinable jurisdiction, and one that is most likely going to be the insolvency jurisdiction, namely to the law of the assignor's place of business or, in the case of places of business in more than one State, the assignor's central administration. In the case of an insolvency proceeding in another jurisdiction, the mandatory rules of that juridiction displace any priority rule of the law of the assignor's location only if that priority rule is manifestly contrary to the public policy of that jurisdiction. In such a case, the balance of the priority rules of the law of the assignor's location prevails over the priority rules of the insolvency jurisdiction with the exception of rules relating to preferential rights. In any case, the Convention ensures that priority rules do not interfere with basic insolvency rights, such as those relating to stays, avoidance actions and to the performance of contracts or maintenance of the estate. Copyright © 2004 John Wiley & Sons, Ltd. [source] Human Rights of Migrants: Challenges of the New DecadeINTERNATIONAL MIGRATION, Issue 6 2001Patrick A. Taran This review summarizes main trends, issues, debates, actors and initiatives regarding recognition and extension of protection of the human rights of migrants. Its premise is that the rule of law and universal notions of human rights are essential foundations for democratic society and social peace. Evidence demonstrates that violations of migrants' human rights are so widespread and commonplace that they are a defining feature of international migration today. About 150 million persons live outside their countries; in many States, legal application of human rights norms to non-citizens is inadequate or seriously deficient, especially regarding irregular migrants. Extensive hostility against, abuse of and violence towards migrants and other non-nationals has become much more visible worldwide in recent years. Research, documentation and analysis of the character and extent of problems and of effective remedies remain minimal. Resistance to recognition of migrants' rights is bound up in exploitation of migrants in marginal, low status, inadequately regulated or illegal sectors of economic activity. Unauthorized migrants are often treated as a reserve of flexible labour, outside the protection of labour safety, health, minimum wage and other standards, and easily deportable. Evidence on globalization points to worsening migration pressures in many parts of the world. Processes integral to globalization have intensified disruptive effects of modernization and capitalist development, contributing to economic insecurity and displacement for many. Extension of principles in the Universal Declaration of Human Rights culminated in the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. With little attention, progress in ratifications was very slow until two years ago. A global campaign revived attention; entry into force is likely in 2001. Comparative analysis notes that ILO migrant worker Conventions have generally achieved objectives but States have resisted adoption of any standards on treatment of non-nationals. A counter-offensive against human rights as universal, indivisible and inalienable underlies resistance to extension of human rights protection to migrants. A parallel trend is deliberate association of migration and migrants with criminality. Trafficking has emerged as a global theme contextualizing migration in a framework of combatting organized crime and criminality, subordinating human rights protections to control and anti-crime measures. Intergovernmental cooperation on migration "management" is expanding rapidly, with functioning regional intergovernmental consultative processes in all regions, generally focused on strengthening inter-state cooperation in controlling and preventing irregular migration through improved border controls, information sharing, return agreements and other measures. Efforts to defend human rights of migrants and combat xenophobia remain fragmented, limited in impact and starved of resources. Nonetheless, NGOs in all regions provide orientation, services and assistance to migrants, public education and advocating respect for migrants rights and dignity. Several international initiatives now highlight migrant protection concerns, notably the UN Special Rapporteur on Human Rights of Migrants, the Global Campaign promoting the 1990 UN Convention, UN General Assembly proclamation of International Migrants Day, the 2001 World Conference Against Racism and Xenophobia, anti-discrimination activity by ILO, and training by IOM. Suggestions to governments emphasize the need to define comprehensive, coordinated migration policy and practice based on economic, social and development concerns rather than reactive control measures to ensure beneficial migration, social harmony, and dignified treatment of nationals and non-nationals. NGOs, businesses, trade unions, and religious groups are urged to advocate respect for international standards, professionalize services and capacities, take leadership in opposing xenophobic behaviour, and join international initiatives. Need for increased attention to migrants rights initiatives and inter-agency cooperation by international organizations is also noted. [source] Parents labelled with Intellectual Disability: Position of the IASSID SIRG on Parents and Parenting with Intellectual DisabilitiesJOURNAL OF APPLIED RESEARCH IN INTELLECTUAL DISABILITIES, Issue 4 2008IASSID Special Interest Research Group on Parents, Parenting with Intellectual Disabilities Background, On August 5th, 2006, the third meeting of the International Association for the Scientific Study of Intellectual Disabilities (IASSID) Special Interest Research Group (SIRG) on Parents and Parenting with Intellectual Disabilities was convened in Maastricht, The Netherlands, coinciding with the 2nd International Congress of IASSID-Europe. The SIRG Parents and Parenting with Intellectual Disabilities membership includes scholars from a number of countries including the United States, Canada, England, Germany, The Netherlands, Sweden, Denmark, Iceland, Japan, Australia and New Zealand. These scholars come from a range of academic and professional disciplines, including sociology, psychology, education, nursing, social work and occupational therapy. Method, This position paper developed by the Parenting SIRG brings into sharp relief the UN Convention on the Rights of Persons with Disabilities adopted by the General Assembly in December 2006. The convention affirms the right of persons with disabilities to marry and found a family (Article 23, (1)(a)). Further, states parties are bound to ,take effective action and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage, family, parenthood and relationships,' (Article 23 (1)), and ,,render appropriate assistance to persons with disabilities in the performance of their child-rearing responsibilities' (Article 23 (2)). Results, This position paper synthesizes messages from research about the challenges that parents labelled with intellectual disability face, and how they can be assisted in their parenting role. [source] Rethinking the management of transboundary freshwater resources: a critical examination of modern international law and practiceNATURAL RESOURCES FORUM, Issue 1 2000Jeffrey AlbertArticle first published online: 9 OCT 200 Abstract Available freshwater stocks are being depleted and impaired on a widespread basis, with acute shortages an increasingly frequent condition in arid climates. In transboundary basins, water scarcity and pollution compound interstate tension and contribute to human suffering and ecological damage. This article provides theoretical perspectives on shared freshwater disputes and on the evolution of the international law of shared water resources. It argues that the UN Convention on the Non-Navigational Uses of International Watercourses (ratified by some countries, but not yet in force) is inadequate as a framework convention in terms of providing general obligations on the future parties or an institutional framework for future action. The paper suggests that three critical concepts be considered in future management of shared water resources: (1) the unitary character of watersheds (where the absence of extra-basin diversions allows); (2) joint or "communitarian" watershed management; and (3) the relevance of international trade to alleviating regional food stress, resulting from local water scarcity. Finally, it proposes the establishment of an international advisory body on shared water disputes, modelled after the Intergovernmental Panel on Climate Change (IPCC), whose role is codified in the Kyoto Protocol to the United Nations Framework Convention on Climate Change. [source] Tightening the net: children, community, and controlTHE BRITISH JOURNAL OF SOCIOLOGY, Issue 2 2001Adrian L. James ABSTRACT The recent move to revitalize social democracy in the UK under the New Labour government, explored by Giddens as ,the Third Way', embraces many of Etzioni's ideas on communitarianism. The principles that emerge from these political philosophies, such as the involvement of local communities in policy consultations and implementation, have largely been welcomed as a reflection of the aim of revitalizing civic society in the context of a range of social policies. It is argued, however, that for children, contrary to this general trend, many of these policies represent attempts to increase the social control of children. Their effect has been to restrict children's agency and their rights, rather than to increase their participation as citizens, and thus, in spite of the requirements of the UN Convention on the Rights of the Child, children continue to be marginalized. [source] "It's doom alone that counts": can international human rights law be an effective source of rights in correctional conditions litigation?,BEHAVIORAL SCIENCES & THE LAW, Issue 5 2009Michael L. Perlin J.D. Over the past three decades, the U.S. judiciary has grown increasingly less receptive to claims by convicted felons as to the conditions of their confinement while in prison. Although courts have not articulated a return to the "hands off" policy of the 1950s, it is clear that it has become significantly more difficult for prisoners to prevail in constitutional correctional litigation. The passage and aggressive implementation of the Prison Litigation Reform Act has been a powerful disincentive to such litigation in many areas of prisoners' rights law. From the perspective of the prisoner, the legal landscape is more hopeful in matters that relate to mental health care and treatment. Here, in spite of a general trend toward more stringent applications of standards of proof and a reluctance to order sweeping, intrusive remedies, some courts have aggressively protected prisoners' rights to be free from "deliberate indifference" to serious medical needs, and to be free from excessive force on the part of prison officials. A mostly hidden undercurrent in some prisoners' rights litigation has been the effort on the part of some plaintiffs' lawyers to look to international human rights doctrines as a potential source of rights, an effort that has met with some modest success. It receives support by the inclination of other courts to turn to international human rights conventions,even in nations where such conventions have not been ratified,as a kind of "best practice" in the area. The recent publication and subsequent ratification (though not, as of yet, by the United States) of the UN Convention on the Rights of Persons with Disabilities (CRPD) may add new support to those using international human rights documents as a basis for litigating prisoners' rights claims. To the best of our knowledge, there has, as of yet, been no scholarly literature on the question of the implications of the CRPD on the state of prisoners' rights law in a U.S. domestic context. In this article, we raise this question, and offer some tentative conclusions. Copyright © 2009 John Wiley & Sons, Ltd. [source] Rights, sexuality and relationships in Ireland: ,It'd be nice to be kind of trusted'BRITISH JOURNAL OF LEARNING DISABILITIES, Issue 4 2009Grace Kelly Accessible summary ,,This paper talks about what a group of people with intellectual disabilities in Ireland had to say about their experiences of relationships and sexuality, and the type of support they might like in this area of their lives. ,,Many people did not get enough information about sexuality. There were lots of things they did not understand properly and they wanted more information. ,,Many people wanted to have boyfriend and girlfriend relationships, but relationships were not allowed in their service. Some people had to have relationships in secret. ,,In Ireland it is against the law to have a sexual relationship with a person who cannot live without support, or protect themselves from abuse, unless you are married. ,,The law needs to be changed because some people with intellectual disabilities who need support in their lives are still capable of having sexual relationships and protecting themselves from abuse. ,,People with intellectual disabilities need better sexual information and need support to have their voices heard by government. Summary How to translate the right of people with intellectual disabilities to a full sexual and intimate life into proactive support remains a challenge for disabilities services in Ireland. Little formal research has been undertaken in this country into what people with intellectual disabilities think about these issues and what they would like to see happen in this area of their lives. This paper presents a preliminary analysis of the first author's PhD research into the views and experiences of a small group of Irish people with intellectual disabilities in the area of sexuality and relationships. Initial findings suggest that people with intellectual disabilities are getting insufficient sex education and that changes are needed at a disabilities service level to ensure that people with intellectual disabilities can express their sexuality in an open and supportive climate. At a government level, changes will need to be made to Irish legislation concerning the sexuality of vulnerable adults so that this country is meeting its obligations under the UN Convention on the Rights of Persons with Disabilities (2006). The authors argue that people with intellectual disabilities' views must come first in all debates concerning their sexuality. [source] Book Reviews: Implementing Inclusive Education: a Commonwealth guide to implementing Article 24 of the UN Convention on the Rights of Persons with Disabilities , By Richard RieserBRITISH JOURNAL OF SPECIAL EDUCATION, Issue 2 2009Peter Mittler No abstract is available for this article. [source] Child abuse in China: a yet-to-be-acknowledged ,social problem' in the Chinese MainlandCHILD & FAMILY SOCIAL WORK, Issue 1 2005D. P. Qiao ABSTRACT Child abuse or child maltreatment has been a worldwide concern. In China, however, it receives scant attention from both academic communities and government. Chinese society has little awareness of child abuse as it is known in the West and there are apparently different conceptions and treatments of the problem. This paper attempts to delineate how the problem is now understood and treated in Mainland China. The reasons why child abuse has not yet been recognized as a social problem worthy of public concern in China are explored. It is argued that as a signatory of the UN Convention on the Rights of the Child there is a need for the Chinese government, the academic community and professionals to reflect on their conception and treatment of child abuse so as to achieve more effective child protection for all children who are victims of child abuse. [source] Modern-Day Child Slavery1CHILDREN & SOCIETY, Issue 3 2008Hans Van De Glind Child slavery is a contemporary global problem existing since ancient times. The concept of slavery and practices similar to it are defined in a range of international instruments. Children are particularly vulnerable to slavery-like practices, and their special plight is addressed by the UN Convention on the Rights of the Child (CRC,in particular Art 32 on the right to be protected from economic exploitation) and the ILO Worst Forms of Child Labour Convention, 1999 (No. 182). Furthermore, the Palermo Protocol on human trafficking (of 2000) provides important tools to help shape legislative policy against another form of slavery, namely the trafficking of adults and children. [source] Children's participation in the policy process: some thoughts on policy evaluation based on the Irish National Children's StrategyCHILDREN & SOCIETY, Issue 2 2004John Pinkerton Prompted by Article 12 of the UN Convention on the Rights of the Child, there is a growing number of examples of children and young people being involved in the policy process. To date this had not been matched by evaluation of the practice. This situation needs to change to ensure that existing experience provides learning for more widespread and more effective involvement. Using the development of the Irish National Children's Strategy for illustration, this article argues that the evaluation required must be more than monitoring. There is a need to get below the formal documented surface of participatory initiatives through developing analysis based in a critical perspective on both policy and evaluation. [source] | |||||||||||||