United Nations Human Rights Council and its mechanisms

The distinction between legal and political mechanisms of monitoring and enforcement of international human rights law is clear although it may not always appear to be the case specially to anyone who is not dealing with this subject-matter daily. The reason for the confusion comes from the essence of international legal institutions which do not have powers that are common in domestic jurisdictions. In this regard, sometimes political mechanisms play a part in international legal institutions that are not quite usual in their domestic counterparts. In this essay, I will explain where the distinction between these mechanisms is and why it is clear even though sometimes it seems to be the opposite. First, I will explain which the political and legal mechanisms of monitoring and enforcement of international human rights law are. Second, I will examine where lies the distinction between them. Third, I will list the points of convergence between these mechanisms. In conclusion, I will finish by suggesting some guidelines that will help to identify the separation between legal and political mechanisms.

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Publication Details

Journal
Revista da Defensoria Pública da União
Published
2024-12-18
DOI
https://doi.org/10.46901/revistadadpu.i22.p255-265
Primary Topic
Global Peace and Security Dynamics
Type
article
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article

United Nations Human Rights Council and its mechanisms

Erico Lima de Oliveira
Revista da Defensoria Pública da União
Global Peace and Security Dynamics
article

United Nations Human Rights Council and its mechanisms

Erico Lima de Oliveira
article en

Abstract

The distinction between legal and political mechanisms of monitoring and enforcement of international human rights law is clear although it may not always appear to be the case specially to anyone who is not dealing with this subject-matter daily. The reason for the confusion comes from the essence of international legal institutions which do not have powers that are common in domestic jurisdictions. In this regard, sometimes political mechanisms play a part in international legal institutions that are not quite usual in their domestic counterparts. In this essay, I will explain where the distinction between these mechanisms is and why it is clear even though sometimes it seems to be the opposite. First, I will explain which the political and legal mechanisms of monitoring and enforcement of international human rights law are. Second, I will examine where lies the distinction between them. Third, I will list the points of convergence between these mechanisms. In conclusion, I will finish by suggesting some guidelines that will help to identify the separation between legal and political mechanisms.

Revista da Defensoria Pública da UniãoVol. 22(22)
Centro Universitário Internacional (MX)
Openalex Percentile: Top 54%
Global Peace and Security Dynamics
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United Nations Human Rights Council and its mechanisms — Erico Lima de Oliveira · Revista da Defensoria Pública da União (2024) | TGRS Research Map | TGRS