Essays And Documents On Human Rights In The Pacific

This book looks at the challenges and contemporary issues raised by human rights in the island countries of the South West Pacific which have come under the influence of common law. The main topic interacts with a range of others such as constitutions, legal institutions and structures, social organization, culture and custom, tradition and change, especially in the Pacific region where the legal systems are complex and perceptions of what rights are or should be varies widely.

The idea of multi-culturalism has had a significant impact across many areas of law. This book explores how it has shaped the recent development of international human rights law. Custodians of human rights, especially international monitoring bodies, try to advance the effectiveness of human rights standards by interpreting these standards according to a method strongly inspired by the idea of cultural 'relativism'. By using elements of cultural identity and cultural diversity as parameters for the interpretation, adjudication, and enforcement of such standards, human rights are evolving from the traditional 'universal' idea, to a 'multi-cultural' one, whereby rights are interpreted in a dynamic manner, which respond to the particular needs of the communities and individuals directly concerned. This book shows how this is epitomized by the rise of collective rights - which is intertwined with the evolution of the rights of minorities and indigenous peoples - in contrast with the traditional vision of human rights as inherently individual. It demonstrates how the process of 'culturalization' of human rights law can be shown through different methods: the most common being the recourse to the doctrine of the 'margin of appreciation' left to states in defining the content of human rights standards, extensively used by human rights bodies, such as the European Court of Human Rights. Secondly, different meanings can be attributed to the same human rights standards by adapting them to the cultural needs of the persons and - especially - communities specifically concerned. This method is particularly used by the Inter-American Court of Human Rights and the African Commission of Human and Peoples' Rights. The book concludes that the evolution of human rights law towards multi-cultural 'relativism' is not only maximizes the effectiveness of human rights standards, but is also necessary to improve the quality of communal life, and to promote the stability of inter-cultural relationships. However, to an extent, notions of 'universalism' remain necessary to defend the very idea of human dignity.

Human Rights of Indigenous Peoples approaches this complex subject from two directions: first, the existing framework of international law, both actual and potential, as embodied in the relevant provisions of international conventions and the case law of international tribunals; and second, specific issues that arise between indigenous peoples in the United States, Canada, Latin America, Scandinavia, India, and Australia and the states which exercise jurisdiction in their homelands. This book, by a leading authority on children's rights, is a major contribution to an area of international law that attracts more attention each year, and that many human rights advocates see as a critical testing ground for the genuineness of states' humanitarian rhetoric. Published under the Transnational Publishers imprint.

New policies are needed if the Pacific is to realise its potential as a peaceful, prosperous region, where the Pacific's citizens enjoy good standards of health and education, long lives and many opportunities; where Pacific economic growth is constantly improving, driven by environmentally sustainable service industries; where coups, civil conflict and the dangers of failed states have been relegated to the past; where the Pacific is integrated into the wider region, and is an influential voice in world affairs. Argues that Pacific countries including Australia, need to embrace regional integration to realise this vision. The book sets out a comprehensive plan for realising a Pacific regional community dedicated to promoting sustainable development, security, human rights, the rule of law and democracy.

This book is a comparative study of government and public policy in the twenty small states of the Pacific Islands, examining the often tense societal interactions over competing conceptions of public-sector institutions and authority, rule-making, and policy processes.

The purpose of this book is to provide a consolidated collection of materials to facilitate comparison of the various national human rights institutions (NHRIs) already established in the Asia-Pacific region, against a background of selected international materials and with the assistance of several comparative tables. The latter are not intended to be exhaustive, but are designed to assist in identifying and considering the strengths and weaknesses inherent in the legislative mandates of each national institution. While the collection is primarily intended for teaching purposes, it should also be useful to countries considering establishing a national human rights commission or, for those which have already done so, strengthening its mandate. For this reason several sections have been included outlining the relationship which should exist between NHRIs, the Executive, the Legislature, the Judiciary and other related institutions and a short section on the importance of the process which should precede their establishment.