Mod 3 International

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?


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.


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


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


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


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


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


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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