Michael O'Flaherty
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199217908
- eISBN:
- 9780191705380
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199217908.003.0002
- Subject:
- Law, Human Rights and Immigration
The seven principal United Nations-sponsored human rights treaties stipulate that states parties submit periodic reports to the respective treaty monitoring bodies on their implementation of the ...
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The seven principal United Nations-sponsored human rights treaties stipulate that states parties submit periodic reports to the respective treaty monitoring bodies on their implementation of the treaty obligations. Following a report review, the treaty body in question issues a set of ‘Concluding Observations’ containing its collective assessment of the state's record and recommendations for enhanced implementation of the rights in question. This chapter analyzes the weaknesses of the current system of uncoordinated recommendations between the seven UN treaty bodies, and highlights the need for integration of the recommendations. Failure to do so could give rise to ‘clashes of approach’ and cases of ‘inconsistent or contradictory recommendations’. Integration of the approaches of the treaty bodies based on a human rights-based approach can enhance the structure and fulfilment of the obligations under the main human rights treaties, including the ICESCR, as well as the work of the respective Committees, including the ESCR Committee.Less
The seven principal United Nations-sponsored human rights treaties stipulate that states parties submit periodic reports to the respective treaty monitoring bodies on their implementation of the treaty obligations. Following a report review, the treaty body in question issues a set of ‘Concluding Observations’ containing its collective assessment of the state's record and recommendations for enhanced implementation of the rights in question. This chapter analyzes the weaknesses of the current system of uncoordinated recommendations between the seven UN treaty bodies, and highlights the need for integration of the recommendations. Failure to do so could give rise to ‘clashes of approach’ and cases of ‘inconsistent or contradictory recommendations’. Integration of the approaches of the treaty bodies based on a human rights-based approach can enhance the structure and fulfilment of the obligations under the main human rights treaties, including the ICESCR, as well as the work of the respective Committees, including the ESCR Committee.
MASHOOD A. BADERIN
- Published in print:
- 2005
- Published Online:
- January 2010
- ISBN:
- 9780199285402
- eISBN:
- 9780191709173
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199285402.003.0004
- Subject:
- Law, Human Rights and Immigration
This chapter examines the ICESCR in the light of Islamic law. It determines whether or not the Sharî'ah contradicts the provisions of the ICESCR in any way and whether or not the Sharî'ah can serve ...
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This chapter examines the ICESCR in the light of Islamic law. It determines whether or not the Sharî'ah contradicts the provisions of the ICESCR in any way and whether or not the Sharî'ah can serve as a vehicle for the full realization of the rights recognized under the Covenant in Muslim States which apply Islamic law fully or as part of domestic law. It refers to the General Comments and practice of the Committee on Economic, Social, and Cultural Rights, and to other scholarly expositions on the Covenant. It employs the reporting guideline created by the ESCR Committee as an interpretational guide for relevant Articles for the Covenant. It examines each right from an international law perspective, followed by an Islamic law perspective. It also refers to the OIC Cairo Declaration on Human Rights in Islam and reports of Muslim States parties to the Covenant, where relevant.Less
This chapter examines the ICESCR in the light of Islamic law. It determines whether or not the Sharî'ah contradicts the provisions of the ICESCR in any way and whether or not the Sharî'ah can serve as a vehicle for the full realization of the rights recognized under the Covenant in Muslim States which apply Islamic law fully or as part of domestic law. It refers to the General Comments and practice of the Committee on Economic, Social, and Cultural Rights, and to other scholarly expositions on the Covenant. It employs the reporting guideline created by the ESCR Committee as an interpretational guide for relevant Articles for the Covenant. It examines each right from an international law perspective, followed by an Islamic law perspective. It also refers to the OIC Cairo Declaration on Human Rights in Islam and reports of Muslim States parties to the Covenant, where relevant.
