promoting and enforcing human rights 1

YEAR 12 HUMAN RIGHTS

Promoting and Enforcing Human Rights

State Sovereignty

The ultimate law-making power of a state over its territory and population, including independence from external interference

State – an independent countryEssential characteristics1. Defined territory2. Permanent population3. Effective government 4. Ability to enter into international relations

Nation – a people that share common heritage, language or culture

States in the World

Arguably 195 countries in the World192 United Nation Members What are the 3 missing?

Vatican City

Observer Status of the UNObserver Status of the UN

Kosovo

Declared Independence from Declared Independence from Serbia in 2008 but has not Serbia in 2008 but has not been given complete been given complete recognition from the UNrecognition from the UN

Taiwan

• Has the characteristics of a Has the characteristics of a state but its international status state but its international status is disputed.is disputed.

•Replaced in 1971 by Peoples Replaced in 1971 by Peoples Republic of China (Mainland)Republic of China (Mainland)

•Some countries recognise Some countries recognise Taiwan as a state but China still Taiwan as a state but China still claims it as a territoryclaims it as a territory

•Taiwan has an individual Taiwan has an individual Olympic teamOlympic team

Sovereignty and Human Rights

Source of a states legal and political power Under International law sovereignty is not absolute,

states are limited to follow certain duties – without this a system of international anarchy would result

In consideration to human rights, some states do not adhere to all articles under the International Bill of Rights

States without democratic systems may rely on sovereignty as a legal means to mistreat their own citizens

However, majority of states have signed international treaties which create International Customary Law

The Role of the United Nations

Principal international organisationUN has 5 principal organs for human rights

(not the trusteeship Council)

Main Organs of the UN

1. General Assembly (UNGA) All members, equal voting power, UN Human Rights Council

(UNHRC)2. Security Council (UNSC)

Maintaining international peace and security 5 permanent members (USA, Russia, France, China, UK) 10 non-permanent members – rotates every 2 years

3. Economic and Social Council (ECOSOC) 54 rotating members

4. Secretariat Main administrative body Headed by the UN Secretary-General – Ban Ki-Moon

5. International Court of Justice (ICJ) Settle international disputes Produce advisory opinions

Video : http://www.youtube.com/user/unitednations?blend=3&ob=4

Office of the High Commissioner for Human Rights (OHCHR)

Est. 1933Their purpose:

International cooperation and universal HR’s Promoting universal ratification and implementation

of UDHR Providing support to other bodies

Human Rights Council

47 member states rotatedWorks closely with the OHCHR

Aims to increase its power: an individual complaints procedureCompulsory periodic reviews of nation-statesAn advisory committee

Videos: http://www.youtube.com/watch?v=6-LgtTlLG2Y

Millennium Development Goals 2000-2015

refer to my power-point at:http://www.slideshare.net/adeshipp/united-nations-millennium-development-goals

Video:http://www.youtube.com/watch?v=vddX4n30sXY&feature=fvw

Intergovernmental Organisations (IGO)

Institution comprised of various member states

Have legal responsibility and can enter into enforceable agreements

Examples include1. Human Rights Council

2. Commonwealth of Nations3. African Union4. Organisation of American States

Courts, Tribunals and Independent Authorities

International Court of Justice (ICJ) Organ of the UN, Est. 1946, Hague Netherlands Hears and judges disputes between states Issues advisory opinions on matters of international law

International Criminal Court (ICC) Est. 2002 Used to deal with Adhoc tribunals (specific historical

events) Has jurisdiction to prosecute individuals

European Court of Human Rights (ECHR)

Non Government Organisations (non-legal)

Work with various governments and intergovernmental organisations to promote Human Rights

‘Naming and Shaming’ of governments has profound effects in maintaining human rights

E.G Amnesty International and International Communities of the Red Cross (ICRC)

The Media (non-legal)

‘naming and shaming’ process plays a crucial role

The role of a free and impartial media is recognised under article 19, UDHR.

Media freedom is severely restricted in many countries

Australia ranks very high in the world for media freedom

Theme and Challenge Review

Theme: the effectiveness of legal and non-legal measures in protecting human rights

UN – can vary depending on the issue, however state sovereignty of nations restricts the power of the international community

ICJ – only an advisory court, countries will either comply or reject the advice given and the five permanent members of security council have veto powers

UDHR – Overall this human rights policy has been recognised as international customary law

Media and NGO’s – very effective in applying pressure to nations to protect human rights