International Law: Unit 6 Human Rights

1
International Law Unit 6Human Rights

• Mr. Morrison
• Fall 2005

2
Limits of traditional law

• Foreign States could protect only their own
  citizens against human rights violations
• Some concept of humanitarian intervention
  limited to marginal States

3
Modern International Law

• UN Charter
• Universal Declaration of Human Rights
• The 2 Covenants
• Other Human Rights Treaties
• Regional Human Rights Protections
• Other protections

4
Human Rights provisions in the UN Charter

• Preamble
• to reaffirm faith in fundamental human rights
• Purposes art. 1(3)
• To achieve international co-operation . . . in
  promoting and encouraging respect for human
  rights and fundamental freedoms for all without
  distinction as to race, sex, language, or
  religion . . .

5
Human Rights provisions in the UN Charter

• Economic and Social Council art. 62(2)
• It may make recommendations for the purpose of
  promoting respect for, and observance of, human
  rights and fundamental freedoms for all.

6
The International Bill of Rights

• Universal Declaration of Human Rights
• Two Covenants
• Covenant on Economic, Social, and Cultural Rights
• Covenant on Civil and Political Rights

7
Universal Declaration of Human Rights

• Adopted by GA in 1948
• A common aspiration
• Not originally intended as binding law
• Written in broad form
• Not highly specific
• No implementation measures
• To what extent has it become customary law?

8
The Covenants

• Adopted by GA 1966
• Divided into two documents
• Civil and political1st generation rights
• Economic, social2nd generation rights
• Much more detailed provisions
• Provisions for implementation
• Institutions the Committees

9
Implementation of the Covenants

• Committee of experts
• General Comments interpreting Covenant
• Initial and periodic national reports art 40
  ICCPR
• Review by Committee
• Special Rapporteurs

10
Implementation of the Covenants

• Optional State-State complaints art. 41
• Only if both States have agreed to this
• Efforts to reach satisfactory solution
• Individual complaints Optional Protocol
• ICCPR only
• Only if the State has agreed to this
• Must exhaust domestic remedies not be anonymous
• Confidential proceeding
• Only a recommendation

11
Other early treaties

• Genocide Convention, 1948
• Primarily a prohibition no institutions
• Convention on the Elimination of All Forms of
  Racial Discrimination, 1965
• Structured like Covenants
• Focuses on racial discrimination

12
Later treaties

• Convention on the Elimination of All Forms of
  Discrimination Against Women, 1979
• Convention on the Rights of the Child, 1989
• Convention against Torture and Other Cruel,
  Inhuman or Degrading Treatment or Punishment, 1984

13
Common threads of human rights treaties

• Creates an international right/duty
• Thus defeats a domestic jurisdiction argument
• Treatment of own citizens thus becomes concern of
  other countries

14
Common threads of human rights treaties

• Implementation by reporting/committee
• Periodic reports public scrutiny
• Commentary by experts through
• Review of adequacy of national reports
• Review of special situations
• General comments
• No committee under Genocide Convention

15
Common threads of human rights treaties

• Limited ability for examination of individual
  cases
• On complaint of another State (ICCPR optional
  art. 41)
• On complaint of individuals (ICCPR Optional
  Protocol)

16
Other UN Human Rights Bodies

• Economic and Social Council
• Human Rights Commission
• Subcomission on Minorities
• General Assembly can also take up human rights
  issues

17
Regional Human Rights ProtectionsEurope

• European Convention on Human Rights
• 1st generation rights (civil and political)
• Even more detailed than ICCPR
• Implementation before European Court of Human
  Rights
• Evolution of this remedy (from political to
  legal)
• Suit against State for failing to protect right,
  not an appeal
• Required to be part of Council of Europe

18
Regional Human Rights ProtectionsEurope

• European Social Charter
• 2nd generational rightssocial, economic
• Implementation is more political/diplomatic
• Helsinki Accords
• Confidence building, not a binding treaty

19
Regional Human Rights ProtectionsAmericas

• American Convention on Human Rights
• Commission
• Court
• Jurisdiction issues

20
Regional protection of Human RightsAfrica

• African Charter on Human and Peoples Rights
• Addition of community rights
• Recognition of social duties