mod 3 international
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Presentation 3.2: Human Rights and theInternational Human Rights System
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What are human rights?
Human rights are the rights that someone has simply because he or she is a human being
Human rights are based on the principles of: Human dignity Equality and non-discrimination Responsibility Universality Inalienability Indivisibility Interdependency
Human rights are guaranteed under law
The laws formally protect the rights of individuals and groups against actions by governments which interfere with the enjoyment of human rights
They are expressed in declarations, treaties (conventions, covenants, etc.) and other sources of law
These laws place an obligation on the State (a country) to engage in specific activities to guarantee these rights
What is international human rights law?
What prompted the development of international human rights law?
World War II: An estimated 50 to 70 million people died, including six million people in a genocide, and dozens of millions of people around the world were homeless, hungry, angry, and in shock
In response to the devastation of World War II, governments committed themselves to establishing the United Nations to preserve peace through international cooperation and collective security
The United Nations has four purposes: maintain international peace and security develop friendly relations among nations cooperate in solving international problems and in promoting
respect for human rights be a centre for harmonizing the actions of nations.
Which declaration is considered as the foundation of international human rights standards?
The Universal Declaration of Human Rights (UDHR)
The UDHR was adopted by the members of the United Nations on December 10, 1948
The UDHR was drafted under the leadership of Eleanor Roosevelt, chairperson of the United Nations Committee for Human Rights, and other prominent figures, such as Canadian legal scholar, John Humphrey
The UDHR is based on constitutions from 55 different States
What is a declaration?
Declarations are general norms of international law; they set forth general principles and standards of human rights that most States would agree upon
Declarations have no binding legal effect on States, but represent a broad consensus on the part of the international community
What are the rights included in the UDHR?
Human rights can be divided into 3 categories or “generations”
1st Generation:Civil & Political Rights
Such as the right to: • Life, liberty and security • Vote• Political participation• Protection of the law
2nd Generation:Economic, Social & Cultural Rights
Such as the right to: • Education• Housing• Health• Employment• Adequate income & social security
3rd Generation:Collective Rights
Such as the right to: • Development• Peace• Healthy environment (e.g., clean air, water)
What is the International Bill of Rights?
Universal Declaration of Human Rights(UDHR)
December 10, 1948
International Covenant on Civil and Political Rights
(ICCPR)Adopted by UN General Assembly in 1966
Entered into Force in 1976
International Covenant on Economic, Social and Cultural Rights
(ICESCR)Adopted by UN General Assembly in 1966
Entered into Force in 1976
First Optional Protocol to the ICCPRMember States permit individual or groups to report personal human rights violations
to the UN Human Rights Committee
Second Optional Protocol to the ICCPRAbolition of the death penalty
What is the International Bill of Rights?
In order to enforce the principles and standards of the In order to enforce the principles and standards of the UDHR, the UN Commission on Human Rights drafted two UDHR, the UN Commission on Human Rights drafted two treatiestreaties::
ICCPR:ICCPR: The Covenant on Civil and Political Rights The Covenant on Civil and Political Rights (and its Optional Protocols) (and its Optional Protocols) ICESCR:ICESCR: The Covenant on Economic, Social and The Covenant on Economic, Social and Cultural RightsCultural Rights
These treaties define specific rights and are legally These treaties define specific rights and are legally binding documentsbinding documents Together with the UDHR, are now known as the Together with the UDHR, are now known as the International Bill of Human RightsInternational Bill of Human Rights
What are treaties?
A treaty is an agreement by a State to be bound by particular rules.
There are different types of international treaties: Covenants Charters Protocols Conventions Accords Agreements
For more information go to: untreaty.un.org
How many human rights instruments are there?
There are over 100 human rights treaties, declarations, There are over 100 human rights treaties, declarations, guidelines, etc…which fall under various categories guidelines, etc…which fall under various categories such as:such as:
Cultural enjoymentCultural enjoyment Disability rightsDisability rights HousingHousing EmploymentEmployment Marriage, family, youthMarriage, family, youth War crimes and crimes against humanity War crimes and crimes against humanity Religious protectionReligious protection Refugee protectionRefugee protection
These instruments have been developed and adopted to affirm the rights and protect especially vulnerable populations
What are some other major international human rights instruments?
For more information go to: www.ohchr.org
Area of attention Name of instrumentYear adopted by
UN General Assembly
Racial discrimination
Convention on the Elimination of all Forms of Racial Discrimination
(CERD)1965
Discrimination against women
Convention on the Elimination of all Forms of Discrimination against Women
(CEDAW) 1979
TortureConvention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (CAT)
1984
Children’s rightsConvention on the Rights of the Child
(CRC) 1989
Migrant workersConvention on the Protection of Rights of all
Migrant Workers and Members of their Families (ICRMWC)
1990
What are the steps to becoming a party to a treaty?
Formulation:UN and special agencies
formulate a draft document
Adoption:Draft is voted upon by representatives
of states, members of the Human RightsCouncil, and General Assembly
Signing:A State that signs a treaty
expresses their intention to ratify
Ratification:Expression of acceptance of the
obligation of a treaty by State party
Entry into Force:A treaty becomes ‘active’ after a
specified number of States have ratified the treaty. The specifications vary per treaty.
Reservation:A State can exclude or
modify certainparts of a treaty
if it is compatible with treaty objectives
What are the obligations when ratifying a treaty?
For more information go to: untreaty.un.org
RESPECT
human rights
States will not commit acts that will violate the rights of individuals.
PROTECT
human rights States will commit to activities that will defend the
rights of individuals.
PROMOTE
human rights States will enforce activities that will ensure that
individuals know about their rights.
FULFILL
human rights States will ensure that rights are realized either
immediately or incrementally.
How are treaties monitored?
Each treaty is monitored by a committee that reviews the progress of State implementation and individual complaints concerned with their respective treaty body.
For example: ICCPR is monitored by the Human Rights Committee CRC is monitored by the Committee on the Rights of the Child CERD is monitored by the Committee on the Elimination of all Forms of Racial Discrimination
Committees issue a general comment (recommendation) to elaborate or define a particular issue related to their respective treaty. For example, in 2003, the Committee on the Rights of the Child issued
General Comment No. 3: HIV/AIDS and the Rights of the Child
Each committee, often referred to as a treaty-monitoring body, is made up of between 10-20 independent experts.
Committees meet 1 to 3 times each year.
For more information go to: untreaty.un.org
How are the treaties enforced?
State reporting States must submit periodic reports to the monitoring committees about
the progress made and problems encountered in the implementation of the rights.
Shadow reports Independent reports are submitted by non-governmental organizations
to treaty monitoring committees. They supplement, or “shadow” State reports.
Individual complaints Some treaties (ICCPR, CRC, CAT, CEDAW) have an individual
complaint mechanism. This means that if an individual exhausts local remedies in the State concerned, he or she can file an individual complaint with the applicable committee.
State-to-state complaints Some treaties allow States to lodge a complaint against another State.
What are the main human rights bodies?
There are three main human rights bodies:
Human Rights Council
Office of the High Commissioner for Human Rights
Special Rapporteurs
For more information go to: www.un.org/rights
What is the UN Human Rights Council?
The Human Rights Council is a subsidiary organ of the General Assembly. It was adopted by UN member States in March 2006 to strengthen the protection and promotion of human rights around the world.
There are 47 elected Member States that each carry three-year terms. They are distributed among the regional groups.
They meet at least 3 times a year. Objectives of the Human Rights Council:
To review the human rights record of all States through the Universal Periodic Review
To respond promptly to human rights emergencies To develop international human rights law To improve and rationalize mandates of the former Commission
on Human Rights
For more information go to: www.un.org/rights
What is the Office of the High Commissioner for Human Rights (OHCHR)?
The OHCHR is a UN agency that works to promote and protect human rights
The High Commissioner for Human Rights is a United Nations official, under the direction and authority of the Secretary-General
Objectives of the OHCHR: Oversees and highlights human rights issues to the General
Assembly Promotes universal enjoyment of human rights Coordinates United Nations human rights work Promotes international cooperation in the area of human rights Promotes ratification and implementation of standards Responds to serious human rights violations Provides education and technical assistance
For more information go to: www.un.org/rights
What are Special Rapporteurs?
Individual experts who monitor the implementation of human rights They are independent of government and are not financially
compensated There are currently 36 Special Rapporteurs associated with
geographic or thematic mandates Example regions/countries: Burundi, Cambodia, Haiti Example themes: Indigenous peoples, education, extreme
poverty, bioethics Objectives of Special Rapporteurs:
Monitor human rights by conducting studies Investigate human rights situations by visiting countries or
through research Prepare reports and recommendations to governments and
the United Nations
For more information go to: www.un.org/rights
What are other human rights bodies?
Economic and Social Council Coordinates the economic and social work of the United Nations Consults with non-government organizations
International Court of Justice Judicial organ of the United Nations Only States may be held before the court Composed of 15 independent judges elected by the UN Security Council
International Criminal Tribunals International criminal tribunals were created ‘ad hoc’ in response to specific
situations under the authority of the UN Security Council to prosecute individuals responsible for serious violations on international humanitarian law.
ICTY: International Criminal Tribunal for Former Yugoslavia ICTR: International Criminal Tribunal for Rwanda
International Criminal Court Permanent court that prosecutes individuals for serious crimes of international
concern: acts of genocide, crimes against humanity, war crimes and crimes of aggression.
Proceedings may be initiated by a State, the UN Security Council, or the Prosecutor The court entered into force July 1, 2002 and can only prosecute crimes committed
on or after that date
For more information go to: www.un.org/rights
What are some trends in the international human rights system?
Human rights is an evolving field that is influenced by both state and non-state actors, such as individuals, community groups, and non-government organizations.
More human rights instruments have been adopted: Convention for the Rights of People with Disabilities (2006) Declaration of the Rights of Indigenous Peoples (2007)
More themes are being addressed: Lesbians, gay, transgender, bisexual rights Environmental rights
Increasing willingness from States to develop regional human rights bodies: European Court of Human Rights, 1950 Inter-American Commission of Human Rights, 1959 African Commission on Human and Peoples’ Rights, 1987
For more information go to: www.un.org/rights
Where can you find more information?
United Nations human rights website http://www.un.org/rights
Office of the High Commissioner for Human Rights http://www.ohcr.org
United Nations Treaty Collection http://untreaty.un.org
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