Nature and Scope of Human Rights

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Basic Components of Human Rights• Found at Every Level of Society

• Rooted in Religions and Cultures Everywhere

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Formal Expression of Human Rights

• Magna Carta and Bill of Rights (England)

• USA Constitution

• Declaration of the Rights of Man and the Citizen (France)

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Goals of International Human Rights Instruments

• Set International Principles & Standards

• Strengthen National Systems

• Monitor States’ Compliance with their Human Rights Obligations

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Human Rights Principles

• Universal

• Indivisible

• Interdependent and Inter-Related

• Accountability

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Human Rights Categories

• Civil and Political Rights

• Economic, Social and Cultural Rights

• Collective Rights

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State Sovereignty and Human Rights

• Surrender Part of Sovereignty

• Subject to Scrutiny (Internal and External)

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Obligations• Respect. Obligation not do anything that can result in the

violation, deprivation or curtailment of someone’s human right.

• Protect. Obligation to hinder a third person against acts and omissions that may deprive another person of he / his rights.

• Facilitate. Obligation to assist that a person whose rights are being deprived or not met starts to enjoy that right progressively.

• Fulfil. Obligation for progressive deliberate action to ensure that person’s right is met and sustained in a sustainable manner.

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Who is Responsible?

• State - primary obligation

• Groups and Individuals

• International Community

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Human Rights Law

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International Law

• Legal Relationships Between States or Between States and Individuals

• States Are “Subjects of International Law”

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State Sovereignty in the UN Charter

“Nothing contained in the present Charter shall authorise the United

Nations to intervene in matters which are essentially within the jurisdiction of

any State…” (Article 2 (7))

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UN Human Rights Instruments

• Treaties– Formal Legal Texts– Binding Obligations

• Standards– Resolution of UN Body– Not Binding Unless Adopted by SC

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Declaration

• Made on Ratification

• Interpretive Positions or Statements of Intent

• Must Not Diminish Obligations of the State

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International Bill of Human Rights

• Universal Declaration of Human Rights (1948)

• Convenant on Civil and Political Rights (1966)

• Covenant on Economic, Social and Cultural Rights (1966)

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Human Rights Conventions

• Convention on the Elimination of All Forms of Racial Discrimination (1965)

• Convention on the Elimination of All Forms of Discrimination Against Women (1979)

• Convention Against Torture (1984)

• Convention on the Rights of the Child (1989)

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Common Article 3

• Violence to Life and Persons

• Hostage Taking

• Humiliating and Degrading Treatment

• Extrajudicial Execution

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Signature

• Preliminary and General Endorsement

• Not Legally Binding

• Indication of Interest in Objectives

• Obligation to Refrain from Acts Against Treaty Objectives

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Ratification and Accession

• Minimum Number for Entry into Force

• Legally Binding Once Ratified

• Process Varies From State to State

• Accession - No Signature First

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Reservations

• “A unilateral statement… when signing, ratifying… made by a state… whereby it purports to exclude or to modify… provision of the treaty in their application to that State.” (Article 2 (1(d))

• Cannot be Incompatible with the Purpose of the Treaty

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Customary Law

• Some HR Standards are “Norms of International Law”

• Binding on All States, Even if They Have Not “Signed On”

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UDHR provisions that have become part of customary international law:

• Slavery and the Slave Trade

• Extrajudicial Killing

• Torture

• Prolonged Arbitrary Detention

• Genocide

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International Human Rights Tribunals

• Mechanisms for Individuals and/or Groups

• Regional Courts Consider Claims

• State Must Agree to Let Committee Hear Complaints

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Practical Hands-On Action

• Negotiation

• Advocacy

• Mobilisation of Shame

• Withdrawal of Aid

• Monitoring/Reporting to Media

• Use Political UN Bodies

• Physical Presence

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