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Institute for International Law
Introduction:
Foundation, history and general concept of
human rights
Prof. Christine Kaufmann & Ron Popper
International Human Rights, Spring Term 2019
20 February 2019
Institute for International Law
Introduction to the course programme
11 sessions
– International human rights system
– Visit to the UN
– Focus on business and human rights (BHR)
– Context of business and human rights, also from the business perspective
– Legal developments
– Supply chains and human rights
– Organisation for Economic Co-operation and Development (OECD)
– Sectoral studies
– Human rights in the garment industry
– Human rights and mega sport events
20 February 2019 Human Rights – Introduction – Christine Kaufmann & Ron Popper, Spring Term 2019 Page 2
Institute for International Law
Organisational issues and expectations (1/2)
Mandatory reading assignments and the slides are regularly posted on: http://tiny.uzh.ch/br
1. Choose «Universität Zürich» from the drop down list
2. Log in with your UZH-Account (UZH-Shortname and password)
3. Click on «Dashboard»
4. Pick «International Human Rights FS 2019» from the UZH list and enroll in the course with the password
Access moodle platform regularly!
20 February 2019 Human Rights – Introduction – Christine Kaufmann & Ron Popper, Spring Term 2019 Page 3
Institute for International Law
Organisational issues and expectations (2/2)
Read and be prepared for each class; participate in class discussions
Recommended books:
– Blackstone’s International Human Rights Documents, 11th Ed., Oxford 2018
– Daniel Moeckli/Sangeeta Shah/Sandesh Sivakumaran (eds.), International Human Rights Law, 3rd ed.,
Oxford 2018
– Dorothée Baumann-Pauly/Justine Nolan (eds.), Business and Human Rights - From Principles to Practice,
London/New York 2016
– John Ruggie, Just Business – Multinational Corporations and Human Rights, New York/London 2013
Exam at the end of the term, form (oral or written) will be announced by the end of March
– Mobility Exam
– Regular Exam
20 February 2019 Human Rights – Introduction – Christine Kaufmann & Ron Popper, Spring Term 2019 Page 4
Institute for International Law
Excursion to Geneva
Excursion to Geneva on 15 May
– details will be announced later on the moodle platform
– If you would like to join, please send an email to [email protected]
Subject: Trip to Geneva
Content:
o full name as in passport / ID
o passport / ID number
o phone number (only for internal use in case of emergency)
o indicate whether you are interested to do a guided tour through the UN Premises (CHF 13.- per
person)
Deadline for registration: Friday, March 1st
20 February 2019 Human Rights – Introduction – Christine Kaufmann & Ron Popper, Spring Term 2019 Page 5
Institute for International Law
Overview
History before World War II: Bates pp 3-21
Core internationally recognized human rights
– International Bill of Human Rights:
From the Universal Declaration of human rights to the ICCPR and the ICESCR
Relationship between the UDHR and the ICCPR and the ICESCR
– ILO Introduction and Overview
ILO Declaration on Fundamental Principles and Rights at Work
ILO Conventions
– Convention on the Rights of the Child (CRC)
20 February 2019 Human Rights – Introduction – Christine Kaufmann & Ron Popper, Spring Term 2019 Page 6
Institute for International Law
Universal Declaration of Human Rights (UDHR)
Resolution of the UN General Assembly 1948
– Formally non binding recommendation, develops into soft law
– Authoritative interpretation of the UN Charter?
– Customary international law?
– Goal: “as a common standard of achievement for all peoples and all nations”
Supported by the great majority of states (8 abstentions)
Special moral and normative status
Rights contained
– Civil and political liberties
– Social and economic justice
20 February 2019 Human Rights – Introduction – Christine Kaufmann & Ron Popper, Spring Term 2019 Page 7
Institute for International Law
From the UDHR to the ICCPR and the ICESCR
Political environment hinders the development of a single comprehensive human rights instrument
– International Covenant on Civil and Political Rights (ICCPR), adopted 1966, entered into force 1976
– International Covenant on Economic, Social and Cultural Rights (ICESCR), adopted 1966, entered
into force 1976
ICCPR and ICESCR as binding treaties
– Legal obligations for the parties
– Each covenant establishes a distinct enforcement system (monitoring mechanisms)
– General principles of international law apply, e.g.
– Interpretation
– Reservations
– ICCPR and ICESCR as complementary treaties, not as alternatives
20 February 2019 Human Rights – Introduction – Christine Kaufmann & Ron Popper, Spring Term 2019 Page 8
Institute for International Law
Relationship between UDHR and ICCPR (1/4)
Individual rights as the basis for both instruments
– Group or collective rights as exception
– Emphasis is on rights of the individual, obligations are generally imposed on the state
ICCPR takes up many rights from the UDHR
– More detailed
– Right to own property is missing in the ICCPR
Different legal nature
– ICCPR as treaty law
– UDHR as customary international law (controversial) or soft law
20 February 2019 Human Rights – Introduction – Christine Kaufmann & Ron Popper, Spring Term 2019 Page 9
Institute for International Law
Relationship between UDHR and ICCPR (2/4)
Art. 28 UDHR
Everyone is entitled to a social and international order in which the rights and freedoms set forth in this
Declaration can be fully realized.
Art. 2 (1) ICCPR
Each State Party to the present Covenant undertakes to respect and to ensure to all individuals
within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without
distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national
or social origin, property, birth or other status.
20 February 2019 Human Rights – Introduction – Christine Kaufmann & Ron Popper, Spring Term 2019 Page 10
Institute for International Law
Relationship between UDHR and ICCPR (3/4)
General limitation clause in the UDHR: Art. 29 (2)
Detailed limitation clauses for states’ obligations under the ICCPR
– Public emergency (Art. 4)
– Specific limitation clauses
– Public safety, order, health or morals (eg Art. 18, 19)
– Limitations necessary in a democratic society
(eg Art. 21, 22)
Different structure of remedies
– UDHR stops with declaration of rights
– ICCPR provides detailed remedy mechanism
20 February 2019 Human Rights – Introduction – Christine Kaufmann & Ron Popper, Spring Term 2019 Page 11
Institute for International Law
Relationship between UDHR and ICCPR (4/4)
Capital punishment
– Art. 5 UDHR bans cruel, inhuman or degrading punishment.
No reference to death penalty:
No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment.
– Art. 6 para. (2) ICCPR provides minimal procedural guarantees
when death penalty is imposed:
In countries which have not abolished the death penalty, sentence of
death may be imposed only for the most serious crimes in accordance
with the law in force at the time of the commission of the crime and not
contrary to the provisions of the present Covenant and to the Convention
on the Prevention and Punishment of the Crime of Genocide. This penalty
can only be carried out pursuant to a final judgement rendered by a
competent court.
Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the
abolition of the death penalty, adopted December 1989
Ban Ki-Moon, World Day against the
Death Penalty: http://tiny.uzh.ch/bR
20 February 2019 Human Rights – Introduction – Christine Kaufmann & Ron Popper, Spring Term 2019 Page 12
Institute for International Law
Origin of economic, social and cultural rights
Industrialisation in Europe (“Manchester liberalism”)
– Economic exploitation of workers
– Impoverishment
– States take measures to address social problems, e.g. Bismarck in Germany (concept of the welfare state)
– Different levels of state obligations
Working conditions as an international concern: foundation of the ILO in 1918
Four freedom speech by F.D. Roosevelt (1941)
Relationship between UDHR and ICESCR
20 February 2019 Human Rights – Introduction – Christine Kaufmann & Ron Popper, Spring Term 2019 Page 13
Institute for International Law
Convention on the Rights of the Child (CRC)
Diverse drafting group: governments, NGOs and specialized agencies: UNHCR, ILO, UNICEF, WHO
Adopted unanimously 1989, entered into force 1999
Most widely and rapidly adopted: 196 state parties
General principles
non-discrimination
best interests of the child
the right to life, survival and development
the views of the child
30th anniversary 2019: http://childrightshub.org/en/
20 February 2019 Human Rights – Introduction – Christine Kaufmann & Ron Popper, Spring Term 2019 Page 14
Institute for International Law
Obligations under the UN Covenants
20 February 2019 Human Rights – Introduction – Christine Kaufmann & Ron Popper, Spring Term 2019 Page 15
Institute for International Law
International Labour Organization (ILO) (1/2)
Part of the UN but longer history than the UN
– Founded in 1919 by the Treaty of Versailles
– Constitution: organization centrally concerned with social justice for universal and lasting peace
– Mandate to improve labour conditions of workers
– Tripartite representation: Governments, employers and employees (trade unions)
Long history of standard-setting work within the realm of economic rights (related to work)
ILO Declaration on Fundamental Principles and Rights at Work (1998)
“[…] all Members, even if they have not ratified the Conventions in question, have an obligation arising from the
very fact of membership in the Organization to respect, to promote and to realize, in good faith and in
accordance with the Constitution, the principles concerning the fundamental rights which are the subject of
those Conventions.”
Human Rights – Introduction – Christine Kaufmann & Ron Popper, Spring Term 2019 20 February 2019 Page 16
Institute for International Law
International Labour Organization (ILO) (2/2)
Fundamental conventions are those on:
– Non-discrimination (ICCPR, article 2; ICESCR, article 2)
– Forced labour
– Child labour
– Freedom of association (ICCPR, article 22; ICESCR, article 8)
Monitoring of state compliance with ILO conventions
– Supervisory body considers government reports; along with report of employers and employees
– Committee on Freedom of Association to examine complaints of violations of freedom of association,
irrespective of whether the country had ratified these core conventions. Complaints may be brought
against a member state by employers' and workers' organizations.
Human Rights – Introduction – Christine Kaufmann & Ron Popper, Spring Term 2019 20 February 2019 Page 17