Security practices and legislation, including related provisions of the Interim Constitution, criminal law and procedures, are outdated and contradict many international human rights standards to which Nepal is a party.
Centuries of entrenched practices of discrimination and exclusion of disadvantaged groups in Nepal have led to a demand to bring about greater inclusion, and ensure greater justice through a human rights framework.
These aspirations of Nepali people were voiced during the Jana Andolan II, as well as were reflected in the Comprehensive Peace Agreement 2006, and the Interim Constitution 2007. ICJ report discusses the advantages of constitutionalisation of economic, social and cultural rights as fundamental rights in the highest law of the land, thereby upholding its commitment to realizing all human rights of all Nepali people, as well as serve as an effective means to ensure social justice for all Nepali people.
Nepal_Economic, Social and Cultural Rights and The New Constitution_Themetic Report_2009 [Full text PDF]
Drawing upon a full range of case law, the report shows that adjudication of economic, social and cultural rights is possible, desirable and already being carried out by courts in all continents.
The report addresses the legal and political objections to the justicability of economic, social and cultural rights and confirms their justiciability.
Courts-legal-enforcement-ESCR-Human-Rights-Rule-of-Law-series-2009-eng (full text in English, PDF)
Courts-legal-enforcement-ESCR-Human-Rights-Rule-of-Law-series-2009-fra (full text in French, PDF)
Courts-legal-enforcement-ESCR-Human-Rights-Rule-of-Law-series-2009-spa (full text in Spanish, PDF)
The ICJ Berlin Declaration on Upholding Human Rights and Rule of Law in Combating Terrorism established eleven principles to ensure counter-terrorism measures remain within the rule of law.
This commentary explains the international law and jurisprudence under the eleven principles adopted by 160 jurists in August 2004.
Legal Commentary to the ICJ Berlin Declaration-Human Rights & Rule of Law series(No.1)-2009 (full text PDF)
This ICJ Expert Panel was established in 2006 to develop the legal and public policy meaning of corporate complicity in the worst violations of international human rights and humanitarian law.
El Salvador: Crimes against humanity within the framework of public security policy
HRC61: Joint oral statement of The ICJ in the interactive dialogue with the Special Rapporteur on Counter-terrorism and Human Rights
A Human Rights-Based Approach to Decriminalizing Conduct Associated with Poverty and Status
HRC61: Oral statement of The ICJ in the interactive dialogue with the Special Rapporteur on the Rights of Persons with Disabilities