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引用次数: 0
摘要
本次演讲是Estacio de Sa大学,Fluminense联邦大学和伯明翰城市大学在Erasmus +项目下的国际学术合作项目范围内开发的研究项目的一部分,其主题是联合国人权理事会通过的普遍定期审议(UPR)。普遍定期审议机制的目标之一是确保各国履行人权义务和承诺,以促进公民、政治、经济、社会和文化权利以及发展权的普遍性和不可分割性。从这个意义上说,改善对全球各地人民都有重大影响的每个国家的人权状况的相关轴心之一是建立一个法律框架(具有国际法律来源或根源),可以在当地加以阐明,作为那些(在法律上受国家约束的)发现自己处于侵犯人权情况的人的盾牌。这一保护使国家对违反其遵守国际规范的义务承担国际责任。尽管这一系列的法律规范不足以确保人权在人类生活和存在的所有层次和复杂性中充分有效,但它带来了法治理念的象征意义。借此机会,我们打算提出在巴西促进和保护人权的法律框架,同时考虑到巴西的宪法秩序及其与国际法律文书的关系。然后,考虑到巴西在2017年第三轮普遍定期审议第27届会议中的表现,我们将以《保护所有移徙工人及其家庭成员权利国际公约》的建议为例,讨论巴西对保护人权文书的国际环境的遵守情况。
The Universal Periodic Review: a device for building up cooperation with Human
Rights mechanisms in Brazil and migration Protection
This presentation is part of a research project developed within the scope of the international academic cooperation program between Estacio de Sa University, the Fluminense Federal University and Birmingham City University, under the Erasmus + program, electing as its motive theme the Universal Periodical Review- UPR, adopted by the Human Rights Council of the United Nations. One of the objectives of this UPR mechanism is to assure that human rights obligations and commitments are fulfilled by the States in order to promote the universality and indivisibility of civil, political, economic, social, and cultural rights as well as the right to development. In this sense, one of the axes of relevance for improvement of the human rights situation in every country with significant consequences for people all around the globe focuses on building up a legal framework (with international legal sources or roots) that could be articulated locally as a shield for those who (legally bound to the State) find themselves in situations of human rights violations. This shield makes the State internationally accountable for violating its duty to comply with international norms. Even though this spectrum of legal normativity is not enough to assure human rights full effectiveness in all the levels and complexities of human life and existence, it brings the symbolic weight of the idea of the rule of law. In this opportunity, we intend to present the legal framework for the promotion and protection of human rights in Brazil, taking into account Brazil´s constitutional order and its relation with international legal instruments. Then considering Brazil´s performance within the UPR 3rd Cycle, 2017, 27th Session, we will discuss Brazil’s compliance with this international environment of instruments for protecting human rights taking the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families recommendation as an example to be studied.