Universal protection of human rights

1. Universal protection of human rights

2. Notion of human rights • Right: liberty and privileges • Human rights: natural law conception » stem from human nature (inalienable rights) • Vertical relationship: establishes a connection between state and citizen, only states can violate human rights • Dilemma: What about non-state actors?

3. Historic regulation • Some elements early in history (e.g. 1215. Magna Charta Libertatum: habeas corpus), but as a real regulatory framework only since the XVII. - XVIII. century bourgeous revolutions • 1777. US Declaration of Independence • 1789. Declaration on the Rights of Man and Citizen

4. XIX. century: slavery abolition treaties • Treaties against trafficking in women • Freedom of religion (christian minorities), even humanitarian intervention • E.g. 1827-30 Great Britain intervening in Greece • 1877-78 Russia intervening in Bosnia and Herzegovina • But: no protection of individual rights against the state, exc. diplomatic protection

5. Post-World War I. • 1919. Covenant of the League of Nations: Art. 22. mandate system to ensure freedom of religion for colonial peoples • Complex minority protection system in the new Central-Eastern European states + Balkans region within the framework of the League of Nations • Petition for alleged breaches to a 3 member committee + if necessary advisory opinion of the Permanent Court of Justice

6. Treaty of Versailles, Chapter XIII.: International Labour Organization (ILO) • Tripartite system: representatives of states, employers and employees • Protection of certain categories of refugees (Russians, Armenians)

7. Post-WWII • Preamble of the 1945. UN Charter: ”We, the peoples of the United Nations are determined to… reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small ” • Purposes: Art. 1(3): promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion

8. Art. 13(1): General Assembly shall initiate studies and make recommendations for the purpose of… assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion • Art. 55: UN shall promote universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. • Trusteeship system instead of Mandate, aim: reaching independence • 1948. Universal Declaration of Human Rights (GA resolution, originally non-binding but by now customary law)

9. But: no concrete obligations, main purpose is to ensure international peace and security, protection of human rights is just secondary. • No effective institutional framework during the Cold War for the inquiry of human rights violations

10. Generations of human rights • 1st generation: Civil and political rights (negative rights): enjoyment is indispensable for everyday life and political participation. State has to refrain from interfering with these rights. • E.g. right to life and human dignity, freedom of movement, right to universal suffrage, liberty of press, right to peaceful assembly

11. 2nd generation: Social, economic and cultural rights (positive rights): • Active involvement of the state is necessary, therefore it cannot a duty but depends on available state resources (e.g. housing). • E.g. labour rights (right to strike, form trade unions, collective bargaining), right to education, healthy environment

12. 3rd generation: Collective rights • Exercised as part of community. Uncertain normativity and content • E.g. minority rights, right to development, right to peace

13. Conventions • 1966. International Covenant on Civil and Political Rights • 1966. International Covenant on Economic, Social and Cultural Rights • 1948. Genocide Convention • 1965. Convention against the Suppression of All Forms of Racial Discrimination

14. 1973. Convention against Apartheid • 1979. CEDAW • 1984. Torture Convention • 1989. Convention on the Rights of Child

15. Derogation • Derogation: suspension or restriction of rights in case of emergency situations. • Only under certain conditions. • Necessary to notify the supervisory body!

16. But: no derogation from absolute rights • E.g. freedom of conscience and religion, • Torture, inhuman and degrading treatment • Prohibition of slavery. • Prohibition of human experiments

17. Supervision • Expert groups or judicial bodies • 1. State reports • 2. Individual complaints • 3. Collective complaints

18. Individual complaint • State consent (usually additional protocol) • Exhaustion of local remedies • No concurrent procedings of another international body • No anonymous complaints

19. UN framework • Formerly: Commission on Human Rights under ECOSOC • → until 2006, reports, recommendations to the ECOSOC. • New body: Human Rights Council (16 June 2006)46 members (13 African, 13 Asian, 8 Latin-American, 7 Western, 6 Eastern-European), elected by simple majority of the GA for 3 years

20. Supervision of human rights situation in countries • Working groups, rapporteurs • Human rights mainstreaming: inclusion of human rights perspective in UN work • Complaint proceedings • Session: at least 3, min. 10 weeks

21. Subcommission: 1947. Prevention of discrimination and protection of minorities • Situation of women • 1994. Commissioner on Human Rights: UN vice-SG