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International Law: Unit 6 Human Rights

International Law: Unit 6 Human Rights. Mr. Morrison Fall 2005. 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. Modern International Law. UN Charter

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International Law: Unit 6 Human Rights

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  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 International Law: Unit 6 Human Rights

  3. Modern International Law • UN Charter • Universal Declaration of Human Rights • The 2 Covenants • Other Human Rights Treaties • Regional Human Rights Protections • Other protections International Law: Unit 6 Human Rights

  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; . . . “ International Law: Unit 6 Human Rights

  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.” International Law: Unit 6 Human Rights

  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 International Law: Unit 6 Human 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? International Law: Unit 6 Human Rights

  8. The Covenants • Adopted by GA 1966 • Divided into two documents • Civil and political—1st generation rights • Economic, social—2nd generation rights • Much more detailed provisions • Provisions for implementation • Institutions: the Committees International Law: Unit 6 Human Rights

  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 International Law: Unit 6 Human Rights

  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 International Law: Unit 6 Human Rights

  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 International Law: Unit 6 Human Rights

  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 International Law: Unit 6 Human Rights

  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 International Law: Unit 6 Human Rights

  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 International Law: Unit 6 Human Rights

  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) International Law: Unit 6 Human Rights

  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 International Law: Unit 6 Human Rights

  17. Regional Human Rights Protections—Europe • 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 International Law: Unit 6 Human Rights

  18. Regional Human Rights Protections—Europe • European Social Charter • 2nd generational rights—social, economic • Implementation is more political/diplomatic • Helsinki Accords • “Confidence building,” not a binding treaty International Law: Unit 6 Human Rights

  19. Regional Human Rights Protections—Americas • American Convention on Human Rights • Commission • Court • Jurisdiction issues International Law: Unit 6 Human Rights

  20. Regional protection of Human Rights—Africa • African Charter on Human and Peoples’ Rights • Addition of community rights • Recognition of social duties International Law: Unit 6 Human Rights

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