Part II: Realizing Human Rights Human Rights Treaties and Organizations. Spring 2013. Main message. UDHR established normative standard by which to judge behavior of organizations (especially states) and individuals in them
Part II: Realizing Human RightsHuman Rights Treaties and Organizations
UDHR established normative standard by which to judge behavior of organizations (especially states) and individuals in them
Influenced domestic legal instruments and measure of implementation, contributed to customary and treaty-based international law, major source of inspiration
Deepening and broadening of human rights concerns over time
Will go through this in some spotlights
Human Rights in UN bureaucracy
(Since 2006: Human Rights Council)
1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.
3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.
States Parties condemn all propaganda and all organizations which are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote racial hatred and discrimination in any form, and undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination and, to this end, with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of this Convention, inter alia:
(a) Shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof;
1. States Parties shall respect the right of the child to freedom of thought, conscience and religion.
1. States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly.
1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, or correspondence, nor to unlawful attacks on his or her honour and reputation.
Regional Human Rights Treaties
Term (NGO) came in use in context of founding of UN, when such organizations could obtain “consultative status”
San Francisco, 1945: Without American NGO’s UN Charter would have contained merely passing reference to HRs
Major mover and shaker: James Shotwell, Columbia U history professor
The Economic and Social Council may make suitable arrangements for consultation with non-governmental organizations which are concerned with matters within its competence. Such arrangements may be made with international organizations and, where appropriate, with national organizations after consultation with the Member of the United Nations concerned.
“When the two hundred letters came the guards gave me back my clothes. Then the next two hundred letters came and the prison director came to see me. When the next pile of letters arrived, the director got in touch with his superior. The letters kept coming and coming: three thousand of them. The President was informed. The letters still kept arriving and the President called the prison and told them to let me go.” (Like Water on Stone, p 134)