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INTRODUCING PROTECTION OF HUMAN RIGHTS 21 November 2011 Barbro Svedberg PowerPoint Presentation
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INTRODUCING PROTECTION OF HUMAN RIGHTS 21 November 2011 Barbro Svedberg . Exercise . Thinking about human rights….. “Human Rights Square” Find answer by asking your friends as many of the questions as possible in 10 min Short reporting. Universal Declaration of Human Rights .

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slide1

INTRODUCING PROTECTION OF

HUMAN RIGHTS

21 November 2011

Barbro Svedberg

exercise
Exercise

Thinking about human rights…..

“Human Rights Square”

  • Find answer by asking your friends as many of the questions as possible in 10 min
  • Short reporting
universal declaration of human rights
Universal Declaration of Human Rights

human dignity of all people is the foundation of justice and peace in the world

what are human rights
What are human rights?
  • Universal legal guarantees protecting individuals and groups against actions and omissions that interfere with fundamental freedoms, entitlements and human dignity.
  • Human rights law obliges Governments (principally) and other duty-bearers to do certain things and prevents them from doing others.
some characteristics of human rights

Some characteristics of human rights

Some characteristics of human rights
  • Universal
  • Focus on the inherent dignity and equal worth of all human beings
  • Are equal, indivisible and interdependent
  • Cannot be waived or taken away
  • Impose obligations of action, particularly on States and State actors
  • Have been internationally guaranteed
  • Are legally protected
  • Protect individuals and, to some extent, groups
some characteristics of human rights cont
Some characteristics of human rights (cont)
  • Principle of Non-discrimination

…without any discrimination on grounds such as race, colour, sex, language, political and other opinion, national or social origin, property, birth or other status

  • Include civil, political, economic, social and culturalrights

There exists no hierarchy among human rights – they are equally important

what kind of human rights obligations are there
What kind of human rights obligations are there?
  • To respecthuman rights means simple not to interfere with their enjoyment. For instance States should refrain from carrying out forced evictions.
  • To protecthuman rights means to take steps to ensure that third parties do not interfere with their enjoyment. For example, states must protect the accessibility of education by ensuring that parents and employers do not stop girls from going to school.
  • Tofulfillhuman rights means to take steps progressively to realize the right in question. This obligation is sometimes subdivided into obligations to facilitate and to provide for its realization
conventions
Conventions

ICCPR

1966

1976

CERD

1965

1969

ICESCR

1966

1976

  • ICCPR - Covenant on Civil and Political Rights
  • ICESCR - Covenant on Economic, Social and Cultural Rights
  • CERD - Convention on the Elimination of all forms of racial discrimination
  • CEDAW - Convention on the Elimination of all forms of Discrimination against Women
  • CAT - Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
  • CRC - Convention on the Rights of the Child
  • CMW - Convention on the Protection of the Rights of all Migrant Workers and their Families
  • CRPD - Convention on the Rights of Persons with Disabilities
  • CPD - Convention for the Protection of All Persons from enforced Disappearances

CEDAW

1979

1981

CRC

1989

1990

CAT

1984

1987

CMW

1990

2003

CRPD

2006

2008

CED

2006

treaties treaty bodies

NGOs?

Treaties / Treaty Bodies
  • one for each treaty
  • 10-23 independent experts
  • 1-3 sessions/year, approx 2-3 weeks
  • examine reports from Governments
  • write concluding remarks about the reports
  • produce”general comments” to explain how to interpret the convention
  • individual cases (some)

-alternative reports

-individual cases

ICCPR

CAT

CERD

CEDAW

CMW

-spread information

-general comments

reports procedure summing up
Reports Procedure: summing up

Pre-session

?????????

Questions

?????????

State writes report

State writes answers

Six months later

State presents report incl. answers

Concluding observations

(+questions)

State responds to questions if urgent

Main session

State writes report

Five years later

reports

NGOs?

Reports

State writes answers

State writes report

Pre-session

?????????

Questions

?????????

-NGOs write analternative report

-NGOs provide questions

State presents report incl. answers

Concluding observations

(+questions)

State responds to questions if urgent

Main session

-NGOs make comments

-NGOs present alternative report

-NGOs use concluding observations for campaign and lobby

-informal meetings

different ways of introducing human rights protection at the national level
Different ways of introducing human rights protection at the national level
  • Courts
  • Ombudsmen/National human right instiutions
  • Legislation – Starting point but the implementation is crucial
  • National Human Rights Plans of Action
  • Public sector and civil society
  • Human rights education
reflection
REFLECTION
  • What are the main human rights obligations addressed in your work?