Click here to load reader
Upload
mepo
View
214
Download
0
Embed Size (px)
Citation preview
Human Rights:Sectors in Human Rights:
Women •prisones & detainees Children •internally displaced person Youth •laborers Indigenous •rural workers Cultural minorities •peasants Muslim pop. •fishermen Elderly •migrant workers Disabled person Mentally disabled
The Core International Human Rights Instruments and their monitoring bodies
There are ten core international human rights instruments. Each of these instruments (9 human rights treaties and the Optional Protocol to the CAT) has established a committee of experts to monitor implementation of the treaty provisions by its States parties. Some of the treaties are supplemented by optional protocols dealing with specific concerns.
Date Monitorin
g Body
ICERDInternational Convention on the Elimination of All Forms of Racial Discrimination
21 Dec 1965
CERD
ICCPRInternational Covenant on Civil and Political Rights
16 Dec 1966
CCPR
ICESCRInternational Covenant on Economic, Social and Cultural Rights
16 Dec 1966
CESCR
CEDAW
Convention on the Elimination of All Forms of Discrimination against Women
18 Dec 1979
CEDAW
CATConvention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
10 Dec 1984
CAT
CRC Convention on the Rights of the Child 20 Nov 1989
CRC
ICMW International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
18 Dec 1990
CMW
CPED International Convention for the Protection of 20 CED
All Persons from Enforced DisappearanceDec 2006
CRPDConvention on the Rights of Persons with Disabilities
13 Dec 2006
CRPD
ICESCR - OP
Optional Protocol to the Covenant on Economic, Social and Cultural Rights
10 Dec 2008
CESCR
ICCPR-OP1
Optional Protocol to the International Covenant on Civil and Political Rights
16 Dec 1966
CCPR
ICCPR-OP2
Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty
15 Dec 1989
CCPR
OP-CEDAW
Optional Protocol to the Convention on the Elimination of Discrimination against Women
10 Dec 1999
CEDAW
OP-CRC-AC
Optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
25 May 2000
CRC
OP-CRC-SC
Optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
25 May 2000
CRC
OP-CRC-IC
Optional Protocol to the Convention on the Rights of the Child on a communications procedure
14 Apr 2014
CRC
OP-CAT Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
18 Dec 2002
SPT
OP-CRPD
Optional Protocol to the Convention on the Rights of Persons with Disabilities
12 Dec 2006
CRPD
International human rights instruments are treaties and other international documents relevant to international human rights law and the protection of human rights in general.Can be classified into two categories:DECLARATIONS – adopted by bodies such as the United Nations general
assembly- Not legally binding although they may be politically so as soft law
CONVENTIONS – Legally binding instruments concluded under international law. (International treaties and even declarations can, over time, obtain the status of customary international law)
International Human Rights may be GLOBAL INSTRUMENTS-any state in the world can be a party; REGIONAL INSTRUMENTS- restricted to states in a particular region of the world.
International human rights law is the body of international law designed to promote and protect human rights at the international, regional, and domestic levels. As a form of international law, international human rights law is primarily made up of treaties, agreements between states intended to have binding legal effect between the parties that have agreed to them; and customary international law, rules of law derived from the consistent conduct of states acting out of the belief that the law required them to act that way. Other international human rights instruments while not legally binding contribute to the implementation, understanding and development of international human rights law and have been recognized as a source of political obligation.
International law is the set of rules generally regarded and accepted as binding in relations between states and between nations. It serves as a framework for the practice of stable and organized international relations. International law differs from state-based legal systems in that it is primarily applicable to countries rather than to private citizens. National law may become international law when treaties delegate national jurisdiction to supranationaltribunals such as the European Court of Human Rights or the International Criminal Court. Treaties such as the Geneva Conventions may require national law to conform to respective parts.
The Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights are sometimes referred to as the international bill of rights.
Declarations Declaration of the Rights of the Child 1923 Universal Declaration of Human Rights (UN, 1948) American Declaration of the Rights and Duties of Man (OAS, 1948) Declaration on the Rights of Disabled Persons (UN, 1975) Declaration on the Right to Development (UN, 1986) Cairo Declaration of Human Rights in Islam (OIC,1990) Vienna Declaration and Programme of Action (World Conference on
Human Rights, 1993) Declaration of Human Duties and Responsibilities (UNESCO, 1998) Universal Declaration on Cultural Diversity (UNESCO, 2001) Declaration on the Rights of Indigenous Peoples (UN, 2007) UN declaration on sexual orientation and gender identity (UN, 2008)
ConventionsGlobal
International Covenant on Civil and Political Rights (ICCPR)
International Convention on the Suppression and Punishment of the Crime of Apartheid (ICSPCA)
International Covenant on Economic, Social, and Cultural Rights (ICESCR)
Convention Relating to the Status of Refugees and Protocol Relating to the Status of Refugees
Convention on the Rights of the Child (CRC) Convention Against Torture (CAT) Convention on the Elimination of All Forms of Racial
Discrimination (ICERD) Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW) International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families (MWC) Convention on the Prevention and Punishment of the Crime of Genocide Convention on the Rights of Persons with Disabilities (CRPD) International Convention for the Protection of All Persons from Enforced
Disappearance Indigenous and Tribal Peoples Convention, 1989 (ILO 169)
Regional: Africa African Charter on Human and Peoples' Rights African Charter on the Rights and Welfare of the Child Maputo Protocol
Regional: America American Convention on Human Rights Inter-American Convention to Prevent and Punish Torture Inter-American Convention on Forced Disappearance of Persons Inter-American Convention on the Prevention, Punishment, and
Eradication of Violence against Women Inter-American Convention on the Elimination of All Forms of
Discrimination against Persons with DisabilitiesRegional: Europe
Charter of Fundamental Rights of the European Union Convention on Action against Trafficking in Human Beings European Charter for Regional or Minority Languages (ECRML) European Convention on Human Rights (ECHR) European Convention for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment (CPT) European Social Charter (ESC), and Revised Social Charter Framework Convention for the Protection of National Minorities (FCNM)
DECLARATIONS: Declaration of the Rights of the Child -The Convention consists of 54 articles that address the basic human rights to children everywhere are entitled:
the right to survival;
the right to develop to the fullest; protection from harmful influences, abuse and exploitation; the right to participate fully in family, cultural and social life.
The four core principles of the Convention are non-discrimination; devotion to the best interests of the child; the right to life, survival and development; and respect for the views of the child.Under the Convention, a child is defined as "... every human being below the age of eighteen years unless, under the law applicable to the child, majority is attained earlier.
Besides the adoption in 1966 of the two wide-ranging Covenants that form part of the International Bill of Human Rights (namely theInternational Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights), a number of other treaties have been adopted at the international level. These are generally known as human rights instruments. Some of the most significant include the following:
the Convention on the Prevention and Punishment of the Crime of Genocide (CPCG) (adopted 1948 and entered into force in 1951);
Definition of genocide
Article 2 of the convention defines genocide as
...any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;(b) Causing serious bodily or mental harm to members of the group;(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;(d) Imposing measures intended to prevent births within the group;(e) Forcibly transferring children of the group to another group.
— Convention on the Prevention and Punishment of the Crime of Genocide, Article 2
Article 3 defines the crimes that can be punished
under the convention:
(a) Genocide;(b) Conspiracy to commit genocide;(c) Direct and public incitement to commit genocide;(d) Attempt to commit genocide;(e) Complicity in genocide.
— Convention on the Prevention and Punishment
of the Crime of Genocide, Article 3
the Convention Relating to the Status of Refugees (CSR) (adopted in 1951 and entered into force in 1954);The Convention relating to the Status of Refugees, also known as the 1951 Refugee Convention, is a United Nations multilateral treaty that defines who is a refugee, and sets out the rights of
individuals who are granted asylum and the responsibilities of nations that grant asylum. The Convention also sets out which people do not qualify as refugees, such as war criminals. The Convention also provides for some visa-free travel for holders of travel documents issued under the convention.
the Convention on the Elimination of All Forms of Racial Discrimination (CERD) (adopted in 1965 and entered into force in 1969);
The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention. A third-generation human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races.[6] Controversially, the Convention also requires its parties to outlaw hate speech and criminalize membership in racist organizations.[7]
The Convention also includes an individual complaints mechanism, effectively making it enforceable against its parties. This has led to the development of a limited jurisprudence on the interpretation and implementation of the Convention.
The convention was adopted and opened for signature by the United Nations General Assembly on 21 December 1965,[8] and entered into force on 4 January 1969. As of April 2013, it has 87 signatories and 177 parties.[2]
The Convention is monitored by the Committee on the Elimination of Racial Discrimination (CERD).
the Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW) (entered into force in 1981)The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it was instituted on 3 September 1981 and has been ratified by 189 states. Over fifty countries that have ratified the Convention have done so subject to certain declarations, reservations, and objections, including 38 countries who rejected the enforcement article 29, which addresses means of settlement for disputes concerning the interpretation or application of the Convention.[1] Australia's declaration noted the limitations on central government power resulting from its federal constitutional system. The United States and Palau have signed, but not yet ratified the treaty. The Holy See,Iran, Somalia, Sudan and Tonga are not signatories to CEDAW.
the United Nations Convention Against Torture (CAT) (adopted in 1984 and entered into force in 1987);
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (commonly known as the United Nations Convention against Torture) is an international human rights treaty, under the review of the United Nations, that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world.The Convention requires states to take effective measures to prevent torture in anyterritory under their jurisdiction, and forbids states to transport people to any country where there is reason to believe they will be tortured.
the Convention on the Rights of the Child (CRC) (adopted in 1989 and entered into force in 1990);The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC, CROC, or UNCRC) is a human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under a state's own domestic legislation
the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW) (adopted in 1990 and entered into force in 2003);
the Convention on the Rights of Persons with Disabilities(CRPD) (entered into force on May 3, 2008);[8] and
the International Convention for the Protection of All Persons from Enforced Disappearance (adopted in 2006 and entered into force in 2010).
International Covenant on Civil and Political Rights- It commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial.
The International Covenant on Economic, Social and Cultural Rights (ICESCR) –is a multilateral treaty adopted by the United Nations General Assembly on 16 December 1966, and in force from 3 January 1976.[1] It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to the Non-Self-Governing and Trust Territories and individuals, including labour rights and the right to health, the right to education, and the right to an adequate standard of living.
UNIVERSAL HUMAN RIGHTS INSTRUMENTSIn addition to the International Bill of Rights and the core human rights treaties, there are many other universal instruments relating to human rights. A non-exhaustive selection is listed below.WORLD CONFERENCE ON HUMAN RIGHTS AND MILLENNIUM ASSEMBLY
Vienna Declaration and Programme of Action United Nations Millennium Declaration
THE RIGHT OF SELF-DETERMINATION United Nations Declaration on the Granting of Independence to
Colonial Countries and Peoples General Assembly resolution 1803 (XVII) of 14 December 1962,
"Permanent sovereignty over natural resources" International Convention against the Recruitment, Use, Financing
and Training of MercenariesRIGHTS OF INDIGENOUS PEOPLES AND MINORITIES
Declaration on the Rights of Indigenous Peoples Indigenous and Tribal Peoples Convention, 1989 (No. 169) Declaration on the Rights of Persons Belonging to National or
Ethnic, Religious and Linguistic MinoritiesPREVENTION OF DISCRIMINATION
Equal Remuneration Convention, 1951 (No. 100) Discrimination (Employment and Occupation) Convention, 1958
(No. 111) International Convention on the Elimination of all Forms of Racial
Discrimination (ICERD) Declaration on Race and Racial Prejudice Convention against Discrimination in Education Protocol Instituting a Conciliation and Good Offices Commission to
be responsible for seeking a settlement of any disputes which may arise between States Parties to the Convention against Discrimination in Education
Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief
World Conference against Racism, 2001 (Durban Declaration and Programme of Action)
RIGHTS OF WOMEN Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW) Optional Protocol to the Convention on the Elimination of All Forms
of Discrimination against Women (CEDAW-OP) Declaration on the Protection of Women and Children in
Emergency and Armed Conflict Declaration on the Elimination of Violence against Women
RIGHTS OF THE CHILD Convention on the Rights of the Child (CRC)
Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (CRC-OPSC)
Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (CRC-OPAC)
Minimum Age Convention, 1973 (No. 138) Worst Forms of Child Labour Convention, 1999 (No. 182)
RIGHTS OF OLDER PERSONS United Nations Principles for Older Persons
RIGHTS OF PERSONS WITH DISABILITIES Convention on the Rights of Persons with Disabilities Optional Protocol to the Convention on the Rights of Persons with
Disabilities Declaration on the Rights of Mentally Retarded Persons Declaration on the Rights of Disabled Persons Principles for the protection of persons with mental illness and the
improvement of mental health care Standard Rules on the Equalization of Opportunities for Persons
with DisabilitiesHUMAN RIGHTS IN THE ADMINISTRATION OF JUSTICE: PROTECTION OF PERSONS SUBJECTED TO DETENTION OR IMPRISONMENT
Standard Minimum Rules for the Treatment of Prisoners Basic Principles for the Treatment of Prisoners Body of Principles for the Protection of All Persons under Any Form
of Detention or Imprisonment United Nations Rules for the Protection of Juveniles Deprived of
their Liberty Declaration on the Protection of All Persons from Being Subjected
to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT)
Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Safeguards guaranteeing protection of the rights of those facing the death penalty
Code of Conduct for Law Enforcement Officials Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials
United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules)
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules)
Guidelines for Action on Children in the Criminal Justice System United Nations Guidelines for the Prevention of Juvenile
Delinquency (The Riyadh Guidelines) Declaration of Basic Principles of Justice for Victims of Crime and
Abuse of Power Basic Principles on the Independence of the Judiciary Basic Principles on the Role of Lawyers Guidelines on the Role of Prosecutors Principles on the Effective Prevention and Investigation of Extra-
legal, Arbitrary and Summary Executions Declaration on the Protection of All Persons from Enforced
Disappearance Basic Principles and Guidelines on the Right to a Remedy and
Reparation International Convention for the Protection of All Persons from
Enforced Disappearance United Nations Rules for the Treatment of Women Prisoners and
Non-custodial Measures for Women Offenders (the Bangkok Rules)- PDF
Updated Set of principles for the protection and promotion of human rights through action to combat impunity
SOCIAL WELFARE, PROGRESS AND DEVELOPMENT Declaration on Social Progress and Development Universal Declaration on the Eradication of Hunger and Malnutrition Declaration on the Use of Scientific and Technological Progress in
the Interests of Peace and for the Benefit of Mankind Declaration on the Right of Peoples to Peace Declaration on the Right to Development Universal Declaration on the Human Genome and Human Rights Universal Declaration on Cultural Diversity
PROMOTION AND PROTECTION OF HUMAN RIGHTS Principles relating to the status of national institutions (The Paris
Principles) Declaration on the Right and Responsibility of Individuals, Groups
and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms
United Nations Declaration on Human Rights Education and Training
MARRIAGE Convention on Consent to Marriage, Minimum Age for Marriage
and Registration of Marriages
Recommendation on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
RIGHT TO HEALTH Declaration of Commitment on HIV/AIDS
RIGHT TO WORK AND TO FAIR CONDITIONS OF EMPLOYMENT Employment Policy Convention, 1964 (No. 122)
FREEDOM OF ASSOCIATION Freedom of Association and Protection of the Right to Organise
Convention, 1948 (No. 87) Right to Organise and Collective Bargaining Convention, 1949 (No.
98)SLAVERY, SLAVERY-LIKE PRACTICES AND FORCED LABOUR
Slavery Convention Protocol amending the Slavery Convention signed at Geneva on 25
September 1926 Supplementary Convention on the Abolition of Slavery, the Slave
Trade, and Institutions and Practices Similar to Slavery Forced Labour Convention, 1930 (No. 29) Abolition of Forced Labour Convention, 1957 (No. 105) Convention for the Suppression of the Traffic in Persons and of the
Exploitation of the Prostitution of Others Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime
RIGHTS OF MIGRANTS International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families (ICPMW) Protocol against the Smuggling of Migrants by Land, Sea and Air,
supplementing the United Nations Convention against Transnational Organized Crime
NATIONALITY, STATELESSNESS, ASYLUM AND REFUGEES Convention on the Reduction of Statelessness Convention relating to the Status of Stateless Persons Convention relating to the Status of Refugees Protocol relating to the Status of Refugees Declaration on the Human Rights of Individuals who are not
nationals of the country in which they liveWAR CRIMES AND CRIMES AGAINST HUMANITY, INCLUDING GENOCIDE
Convention on the Prevention and Punishment of the Crime of Genocide
Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity
Principles of international co-operation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity
Statute of the International Tribunal for the Former Yugoslavia Statute of the International Tribunal for Rwanda Rome Statute of the International Criminal Court
HUMANITARIAN LAW Geneva Convention relative to the Treatment of Prisoners of War Geneva Convention relative to the Protection of Civilian Persons in
Time of War Protocol Additional to the Geneva Conventions of 12 August 1949,
and relating to the Protection of Victims of International Armed Conflicts (Protocol I)
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II)