유엔 자의적 구금실무 그룹－ 기능과 활동에 대한 분석 －
The UN Working Group on Arbitrary Detention: An analysis on its function and achievements
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The UN Working Group on Arbitrary Detention is part of the Special Procedures for the protection and promotion of human rights within the Un mechanism that identifies the cases of the arbitrary deprivation of liberty through its Opinions; transmits urgent appeals to the concerned governments, when it finds the imminent danger of the emergence of arbitrary deprivation of liberty that may result in the irreparable harm to the concerned individual; presents clarifications on the related norms on the prohibition of arbitrary detention through its deliberations; conducts the country-visits; and submits its annual reports for the review of the Human Rights Council. Despite the fact that its dispositions are not legally binding, the WGAD has been rather taking advantage of these potential handicaps through thereby allowing all the victims, regardless of their nationality and the issue of whether the concerned country is a party to a specific treaty, can submit communications asking for a remedy and enjoying a level of flexibility that any other human rights monitoring bodies can hardly expect, in terms of adopting applicable norms and providing a multiple set of remedial measures. This writing seeks to properly delve into how the Group has been developing the laws on detention and to what extent it has been successfully performing its unique function of rescuing the people in need.
Abstract
The UN Working Group on Arbitrary Detention is part of the Special Procedures for the protection and promotion of human rights within the Un mechanism that identifies the cases of the arbitrary deprivation of liberty through its Opinions; transmits urgent appeals to the concerned governments, when it finds the imminent danger of the emergence of arbitrary deprivation of liberty that may result in the irreparable harm to the concerned individual; presents clarifications on the related norms on the prohibition of arbitrary detention through its deliberations; conducts the country-visits; and submits its annual reports for the review of the Human Rights Council. Despite the fact that its dispositions are not legally binding, the WGAD has been rather taking advantage of these potential handicaps through thereby allowing all the victims, regardless of their nationality and the issue of whether the concerned country is a party to a specific treaty, can submit communications asking for a remedy and enjoying a level of flexibility that any other human rights monitoring bodies can hardly expect, in terms of adopting applicable norms and providing a multiple set of remedial measures. This writing seeks to properly delve into how the Group has been developing the laws on detention and to what extent it has been successfully performing its unique function of rescuing the people in need.
참고문헌 (27)
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