International HR International HR LawLaw

Historical developmentHistorical development Institutional frameworkInstitutional framework Principal instrumentsPrincipal instruments Rights and FreedomsRights and Freedoms Themes/category of protected Themes/category of protected

personspersons Monitoring and enforcingMonitoring and enforcing

I. Historical I. Historical Development/ThoerieDevelopment/Thoerie

ss1. Origins of HR1. Origins of HR Natural rights doctrine ( Locke, Hobbes )Natural rights doctrine ( Locke, Hobbes ) Social rights doctrine ( Rousseau, Social rights doctrine ( Rousseau,

Bentham, Fichte, Hegel)Bentham, Fichte, Hegel)

2. Theoretical frameworks2. Theoretical frameworks

3. Nature, scope and purpose of HR3. Nature, scope and purpose of HR

4. Evolution of contemporary HR4. Evolution of contemporary HR International, regional and national evolutionInternational, regional and national evolution

5. Purpose of HR5. Purpose of HR

II. Instutional II. Instutional FrameworkFramework

1. International 1. International UNUN G. A. ECOSOC,Commission on HR, high commissioner, G. A. ECOSOC,Commission on HR, high commissioner,

etc etc Other bodiesOther bodies Treaty bodies, 1503 procedures, etcTreaty bodies, 1503 procedures, etc2. Regional2. Regional Various existing systemsVarious existing systems AsiaAsia3. National3. National National bodiesNational bodies4. 4. Merits and disadvantages of International and regional Merits and disadvantages of International and regional

systems (problems of consensual approach,etc)systems (problems of consensual approach,etc)

III. Principal III. Principal InstrumentsInstruments1. Major international and regional HR treaties1. Major international and regional HR treaties

UDHR / ICESCR / ICCPR / CERD / CAT /CEDAW / CRC / MWCUDHR / ICESCR / ICCPR / CERD / CAT /CEDAW / CRC / MWC• The Convention on the Elimination of All Forms of The Convention on the Elimination of All Forms of

Racial Discrimination Racial Discrimination • The International Covenant on Civil and Political The International Covenant on Civil and Political

Rights Rights • The Optional Protocol to the International Covenant The Optional Protocol to the International Covenant

on Civil and Political Rights on Civil and Political Rights • The Second Optional Protocol to the International The Second Optional Protocol to the International

Covenant on Civil and Political Rights Covenant on Civil and Political Rights • The International Covenant on Economic, Social and The International Covenant on Economic, Social and

Cultural Rights Cultural Rights • The Convention on the Elimination of All Forms of The Convention on the Elimination of All Forms of

Discrimination Against Women Discrimination Against Women • Optional Protocol to the Convention on the Optional Protocol to the Convention on the

Elimination of All Forms of Discrimination Against Elimination of All Forms of Discrimination Against Women Women

• The Convention Against Torture, and Other Cruel, Inhuman or The Convention Against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment Degrading Treatment or Punishment

• Optional Protocol to the Convention against Torture and Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Other Cruel, Inhuman or Degrading Treatment or Punishment Punishment

• The Convention on The Rights of the Child The Convention on The Rights of the Child • Optional Protocol to the Convention on the Rights of the Optional Protocol to the Convention on the Rights of the

Child on the involvement of children in armed conflict Child on the involvement of children in armed conflict • Optional Protocol to the Convention on the Rights of the Optional Protocol to the Convention on the Rights of the

Child on the sale of children, child prostitution and child Child on the sale of children, child prostitution and child pornography pornography

• International Convention on the Protection of the Rights of International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families All Migrant Workers and Members of Their Families

• Convention on the Rights of Persons with Disabilities Convention on the Rights of Persons with Disabilities • Optional Protocol to the Convention on the Rights of Optional Protocol to the Convention on the Rights of

Persons with Disabilities Persons with Disabilities • International Convention for the Protection of All Persons International Convention for the Protection of All Persons

from Enforced Disappearancefrom Enforced Disappearance

2. Drafting process 2. Drafting process

3. Nature of Rights3. Nature of Rights Universal / groupsUniversal / groups Aspirational / immediateAspirational / immediate Nature of obligations, overlapping Nature of obligations, overlapping

obligations in various instrumentsobligations in various instruments Classification of rightsClassification of rights Universalism and cultural Universalism and cultural

relativismrelativism

IV. Rights and IV. Rights and FreedomsFreedoms

1. Detailed examination of themes1. Detailed examination of themes Women, children, etcWomen, children, etc

2. Detailed examination of selected rights and 2. Detailed examination of selected rights and freedomsfreedoms

Right to education, right to life, freedom from Right to education, right to life, freedom from torture, etctorture, etc

3. Overlapping and complementary rights and 3. Overlapping and complementary rights and freedomsfreedoms

evolution of substantive lawevolution of substantive law need to refer to treaty articles, general comments, need to refer to treaty articles, general comments,

state reports and concluding observationsstate reports and concluding observations communicationscommunications

V. Category of V. Category of Protected PersonsProtected Persons

1. Women1. Women

2. Children2. Children 3. Minorities and Indigenous Peoples3. Minorities and Indigenous Peoples 4. Refugees4. Refugees 5. Non-nationals and Stateless 5. Non-nationals and Stateless

PersonsPersons 6. Prisoners / The suspected / Victims 6. Prisoners / The suspected / Victims

of Crimeof Crime

VI. Monitoring and VI. Monitoring and EnforcingEnforcing

1. How does the international systems work?1. How does the international systems work? Does it work? --Reform?Does it work? --Reform? Limitations on individual enforcementLimitations on individual enforcement2. Reporting system2. Reporting system Description / examplesDescription / examples ProblemsProblems ReformReform Are state reports and concluding observations Are state reports and concluding observations

helpful? What impact do UN reports have helpful? What impact do UN reports have nationally?nationally?

3. Enforcing and individual rights3. Enforcing and individual rights PracticalitiesPracticalities Reservations / derogationsReservations / derogations