at the end of this session, you should be able to
DESCRIPTION
At the end of this session, you should be able to. explain the main sources of human rights law and the main human rights instruments name some of the mechanisms in place to implement and enforce human rights law name the main human rights bodies - PowerPoint PPT PresentationTRANSCRIPT
OT 5.1
At the end of this session, At the end of this session, you should be able toyou should be able to
explain the main sources of human rights law and the main human rights instruments
name some of the mechanisms in place to implement and enforce human rights law
name the main human rights bodies clarify how human rights law applies in
armed conflict and state of emergency list the main criteria for the situations in
which only the most basic human rights apply
OT 5.2
Human Rights yesterdayHuman Rights yesterdayand todayand today
Idea of rights dates back to pre-Second World War domestic constitutions
For our purposes starts with UN Charter: in its preamble declares as a primary purpose of the United Nations:
“promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion.”
OT 5.3
Human Rights yesterdayHuman Rights yesterdayand today and today ((continuedcontinued))
In signing on to international human rights treaties, States give away some sovereignty and make themselves vulnerable to be scrutinized by the international community
Idea of international human rights: make them known to all people; don’t replace domestic protection of individuals but make it more effective within national systems
When a State has ratified a treaty, it is supposed to adopt national measures to ensure that the treaty is implemented on the national level
OT 5.4
International Bill ofInternational Bill ofHuman RightsHuman Rights
contains following instruments:contains following instruments: The Universal Declaration of
Human Rights (UDHR), 1948 The International Covenant on
Civil and Political Rights (CCPR), 1966
The International Covenant on Economic, Social and Cultural Rights (CESCR), 1966
OT 5.5
First developments on international arena:
adoption in 1948 of the Universal Declaration of Human Rights and the Convention on the Prevention and Punishment of the Crime of Genocide
Antecedents to these: minority treaties adhered to on bilateral or
multilateral basis, the Charter of the International Military Tribunal in Nuremberg and international humanitarian law (was developed much earlier)
OT 5.6
Universal Declaration of Human Rights adopted by the UN General Assembly as a "common standard of achievement". UDHR is not a treaty. However, today, many of its provisions have become part of international customary law
UDHR codified with the adoption of two Covenants in 1966: the CCPR, and the CESCR
The two covenants are different in nature because of different type of rights that each addresses
OT 5.7
Other major Human Rights Other major Human Rights InstrumentsInstruments
The Convention on the Elimination of All Forms of Racial Discrimination (CERD), 1965
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979
The Convention against Torture (CAT), 1984
The Convention on the Rights of theChild, 1989
The Convention relating to the Status of Refugees and its Protocol, 1951 and 1967
OT 5.8
International Protection of Human RightsInternational Protection of Human Rights
Inter-Governmental OrganizationsInter-Governmental Organizations
Universal
UN Spec.Agencies
UN
Charter Conventions
ECOSOCECOSOC
GA SC, SG
UNICEFUNHCR
UNHCHR
Commission onHuman Rights
Sub-Commission
Special Procedures
Commissionon Crime
Prevention
CCPRCESCRCERD
CEDAWCATCRC…...
Commission on Status of Women
OT 5.9
Derogations during statesDerogations during statesof emergency:of emergency:
Civil and political rights may be derogated during a state of emergency
Derogating from human rights means to “limit” the extent to which these obligations apply
The derogation clause is to be found in Article 4 of the CCPR
OT 5.10
General CommentGeneral Commenton Article 4on Article 4
“The Committee holds the view that the measures taken under Article 4 are of an exceptional and temporary nature and may only last as long as the life of the nation concerned is threatened and that in times of emergency, the protection of human rights becomes all the more important, particularly those rights from which no derogation can be made.”
OT 5.11
Criteria for lawful derogationCriteria for lawful derogation temporary derogations only exceptional threat to the life of the nation
must exist official proclamation of a state of emergency
must be made notification to other states and/or relevant
treaty-monitoring body reasonable proportionality between means
employed and end to be realized must exist other obligations under international law
remain applicable measures taken to derogate must not be
discriminatory
OT 5.12
The following rights areThe following rights arenon-derogable:non-derogable:
the right to life freedom from torture freedom from slavery freedom from post facto
legislation and other judicial guarantees
right to recognition beforethe law
freedom of thought, conscience and religion
OT 5.13
The Office of theThe Office of theHigh CommissionerHigh Commissionerfor Human Rightsfor Human Rights
Broad mandate of UNHCHR createdby the General Assembly resolution of20 December 1993
Responsibilities of the High Commissioner: "to adopt and to foster a rights based
approach across the whole spectrum of civil, cultural, economic, political and social rights, to promote and protect the realization of the right to development and to specifically include women's rights as human rights."
OT 5.14
The Office of theThe Office of theHigh CommissionerHigh Commissionerfor Human Rights for Human Rights ((continuedcontinued))
UNHCHR present in a number of countries; carries out monitoring and promotional activities there
Important for UNICEF to coordinate its work in the field of monitoring and reporting with the Office of the High Commissioner
OT 5.15
Regional Human RightsRegional Human Rights
Three regional human rights Three regional human rights frameworks/treaties in addition frameworks/treaties in addition to the international framework:to the international framework: African Charter on Human and
Peoples' Rights (1981) American Convention on
Human Rights (1969) the European Convention for the
Protection of Human Rights and Fundamental Freedoms (1950)
OT 5.16
A numberA number of other human rights of other human rights instruments on the regional level cover instruments on the regional level cover certain groups of people or certain certain groups of people or certain issues:issues:
Concerning children: African Charter on the Rights and Welfare
of the Child (adopted in 1990 but not yet in force)
European Convention on the Exercise of Children's Rights (adopted in 1996 but not yet in force)
Normally, a regional treaty provides more specific provisions. If conflicting treaty provisions: the one that grants the greatest protection prevails