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UDHR - DECEMBER 10, 1948. Study preamble. - Principles of human rights: UNIVERSAL, INHERENT, INALIENABLE, INDIVISIBLE, INTERRELATED - Core instruments: UDHR, ICCPR, ICESCR; ~ CRC, CEDAW, CAT, CERD, MWC, CRPD, ICAED - UDHR: Bible of the UN, first global expression of rights to which all human beings are entitled; arose out of WWII experience, most influential constitutions, most translated document in the world. As a declaration, as opposed to a convention, it may not be formally legally binding but it has arguably attained the status of customary international law - ICCPR: Rights involving dignity and physical integrity - right to life/protection vs torture. Due process of law, individual freedoms, rights involving political participation, protection etc, labor rights, right to family life, right to adequate standard of living, right to social security, health, education - CERD commits states to the elimination of racial discrimination and the promotion of understanding among all races. Read Article 1. - CEDAW: Magna carta for women - Intl Convention on Protection of Rights of All Migrant Workers and Members of their Families, emphasises the nexus between migration and human rights - Intl Convention for Protection of All Persons from Enforced Disappearances - arrest, detention, abduction or any other form of deprivation of liberty etc. - Traditionally it is the State which has the primary responsibility to respect, protect, fulfil rights - At present- non-state actors an also be held accountable for human rights violations. - OBLIGATIONS RE HUMAN RIGHTS: To respect (refrain from interfering with enjoyment of rights), to protect (prevent violations of rights by other persons/third parties), to fulfill (take appropriate measures towards realisation of rights - UN: charter-based, treaty-based systems, intl level - As for regional level, EU, inter-Americas, Africa, Asia etc. - National

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First Class Notes for Constitutional Law 2

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UDHR - DECEMBER 10, 1948. Study preamble.- Principles of human rights: UNIVERSAL, INHERENT, INALIENABLE, INDIVISIBLE, INTERRELATED- Core instruments: UDHR, ICCPR, ICESCR;

~ CRC, CEDAW, CAT, CERD, MWC, CRPD, ICAED- UDHR: Bible of the UN, first global expression of rights to which all human beings are entitled; arose out of WWII experience, most influential constitutions, most translated document in the world. As a declaration, as opposed to a convention, it may not be formally legally binding but it has arguably attained the status of customary international law- ICCPR: Rights involving dignity and physical integrity - right to life/protection vs torture.Due process of law, individual freedoms, rights involving political participation, protectionetc, labor rights, right to family life, right to adequate standard of living, right to social security, health, education- CERD commits states to the elimination of racial discrimination and the promotion of understanding among all races. Read Article 1.- CEDAW: Magna carta for women- Intl Convention on Protection of Rights of All Migrant Workers and Members of their Families, emphasises the nexus between migration and human rights- Intl Convention for Protection of All Persons from Enforced Disappearances - arrest, detention, abduction or any other form of deprivation of liberty etc.

- Traditionally it is the State which has the primary responsibility to respect, protect, fulfil rights- At present- non-state actors an also be held accountable for human rights violations.- OBLIGATIONS RE HUMAN RIGHTS: To respect (refrain from interfering with enjoyment of rights), to protect (prevent violations of rights by other persons/third parties), to fulfill (take appropriate measures towards realisation of rights

- UN: charter-based, treaty-based systems, intl level- As for regional level, EU, inter-Americas, Africa, Asia etc.- National