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Human Rights: The Legal Framework

Human Rights: The Legal Framework. Sherrie Brown LSJ/CHID 434 January 25, 2010. United Nations. 192 Member states, all belong to the General Assembly General Assembly adopts human rights declarations and conventions (treaties or covenants) There are an additional 5 main bodies of UN.

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Human Rights: The Legal Framework

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  1. Human Rights: The Legal Framework Sherrie Brown LSJ/CHID 434 January 25, 2010

  2. United Nations • 192 Member states, all belong to the General Assembly • General Assembly adopts human rights declarations and conventions (treaties or covenants) • There are an additional 5 main bodies of UN. • International Court of World Justice • Secretariat • Economic and Social Council • Security Council • Trusteeship Council

  3. Human Rights Issues • Most did fall under Economic and Social Council—including UN Commission on Human Rights. • Commission on Human Rights consisted of 53 member states elected by ESC. • Initiates studies and fact-finding missions • Discusses specific human rights issues • Initiates and drafts declarations and conventions. • UNCHR was considered ineffective and disbanded 2006; replaced by the UN Human Rights Council (47 states parties)

  4. Core Human Rights Treaties • ICCPR (1966) • ICESCR (1966) • Convention Against Torture (1984) * * * • ICERD (1966) • CEDAW (1979) • CRC (1989) • CRPD (2008)

  5. Universal Declaration of Human Rights 1948 (article 25) • Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

  6. What is the ICCPR? ?

  7. International Covenant on Civil and Political Rights (ICCPR) • Categories of Rights • Human Existence • Liberty Rights • Associational Rights • Political Rights • Human Rights Committee reviews member states’ reports and hears individual complaints if ratification of optional protocol

  8. Articles important to disabled persons? ?

  9. What is the ICESCR? ?

  10. International Covenant on Economic, Social and Cultural Rights (ICESCR) • Ensure social rights and provide necessary supports. • Four categories of rights related to disability: • Right to non-discrimination; • Rights that facilitate participation; • Rights to participate in the workplace; • Miscellaneous others (social security, protection of family, mothers, children, adequate standard of living, cultural participation). • Monitored by Committee on Economic, Social and Cultural Rights

  11. General Comment No. 5 (1995) • Links to the Standard Rules • Emphasis on the importance of ensuring disabled individuals are able to exercise their rights under ICESCR. • Reviews how each right applies/relates to disability. • Urges states parties to use the ICESCR to achieve independence, autonomy and participation.

  12. Jamaica Cases • Hamilton v. Jamaica (1999) • Prisoner who was paralyzed in both legs was sentenced to death (on death row) and asserted two violations: • Forcing him to pay someone to remove his waste since he was unable to do himself. • Prison aggravates his medical condition. • Clement Francis v. Jamaica (1994) • Death row prisoner complained that his mental health had substantially deteriorated: • As result of stress in waiting for execution • Absence of appropriate psychiatric attention. • As his attorney, what articles under ICCPR will you argue as his attorney were violated?

  13. Intersectionality…between women and disability • What is intersectionality? • What is CEDAW? • Does CEDAW require states parties to specifically report on women with disabilities? • If yes, where does it state that?

  14. Convention on the Rights of the Child (CRC) • How does this international human rights treaty address disability?

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