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Human rights 2- Traditional levels of protection: Who is protecting our human rights?

Human rights 2- Traditional levels of protection: Who is protecting our human rights?. Pavel Molek. The End of History and the Last Trouble. Why do we need International Law then? What topics were not solved by domestic HR bills?. The End of History and the Last Trouble.

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Human rights 2- Traditional levels of protection: Who is protecting our human rights?

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  1. Human rights 2- Traditional levels of protection: Who is protecting our human rights? Pavel Molek Human Rights Session 2 - Levels of protection

  2. The End of History and the Last Trouble • Why do we need International Law then? • What topics were not solved by domestic HR bills? Human Rights Session 2 - Levels of protection

  3. The End of History and the Last Trouble • Rights of foreigners • What to do after domestic remedies are exhausted? • Consular protection • International arbitration and International Law protection is better than „gunboat diplomacy“ • Jay Commission 1794 • Permanent Court of International Justice Case concerning certain German interests in Polish Upper Silesia – 1926 – human being has HRs wherever she is • UN GA Declaration on the human rights of individuals who are not nationals of the country in which they live Human Rights Session 2 - Levels of protection

  4. The End of History and the Last Trouble • Protection of diplomats • Since ancient Egypt • On one hand protection of communication between states • On the other hand protection of individuals realizing it • Now Vienna Convention on Diplomatic Relations 1961, and Vienna Convention on Consular Relations 1963 Human Rights Session 2 - Levels of protection

  5. The End of History and the Last Trouble • Humanitarian Law – when? • Building on laws of war by Grotius - De jure belli ac pacis • Paradox of Jules Verne era • Lieber Code 1864 – American Civil War • Henry Dunant: A Memory of Solferino, International Committee of the Red Cross 1863, First Geneva Convention 1864 • 1899, 1907 Haag, 1929 Geneva Conventions Human Rights Session 2 - Levels of protection

  6. The End of History and the Last Trouble • Humanitarian Law today: 4 Geneva Conventions: • First Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, 1864 • Second Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, 1906 • Third Geneva Convention relative to the Treatment of Prisoners of War, 1929 • Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, 1949 Human Rights Session 2 - Levels of protection

  7. The End of History and the Last Trouble • Humanitarian Law today: 3 Protocols: • Protocol I (1977) relating to the Protection of Victims of International Armed Conflicts • Protocol II (1977) relating to the Protection of Victims of Non-International Armed Conflicts • Protocol III (2005) relating to the Adoption of an Additional Distinctive Emblem (for medical services) Human Rights Session 2 - Levels of protection

  8. The End of History and the Last Trouble • Humanitarian Law today: Lowest common denominator of HR for time of war: • Art. 13 -14 of Third Geneva Convention: „Article 13 Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest. Likewise, prisoners of war must at all times be protected, particularly against acts of violence orintimidation and against insults and public curiosity. Measures of reprisal against prisoners of war are prohibited. Article 14 Prisoners of war are entitled in all circumstances to respect for their persons and their honour. Women shall be treated with all the regard due to their sex and shall in all cases benefit by treatment as favourable as that granted to men. Prisoners of war shall retain the full civil capacity which they enjoyed at the time of their capture. The Detaining Power may not restrict the exercise, either within or without its own territory, of the rights such capacity confers except in so far as the captivity requires. Human Rights Session 2 - Levels of protection

  9. The End of History and the Last Trouble • Slavery: • biggest absurdity of modern age • Lord Mansfield: Somerset case (1772):“Slavery is so odious, that nothing can be found to support it“. • Vienna Congress 1815 • Bilateral treaties with UK on prosecution of slavery on high sees • Convention to Suppress the Slave Trade and Slavery 1926 Human Rights Session 2 - Levels of protection

  10. The End of History and the Last Trouble • Minorities: • Vienna Congress 1815 – do protect your Poles…. • Turkey, be nice to your minorities! • Case Concerning the Question of Minority Schools in Albania (1935) • Minorities as pioneers of some HRs: right to education, freedom of religion Human Rights Session 2 - Levels of protection

  11. The End of History and the Last Trouble • Refugees: • Huge trouble after WW1 (together with stateless people: Russian, Armenian and others • Nansen International Office for Refugees 1930 • Refugee Convention 1933 • Convention relating to the Status of Refugees 1951 + UNHCR Human Rights Session 2 - Levels of protection

  12. The End of History and the Last Trouble • International Labour Organization 1919: risk of a race to the bottom at work conditions • Convention Limiting the Hours of Work in Industrial Undertakings to Eight in the Day and Forty-eight in the Week 1919 • Convention concerning the Employment of Women before and after Childbirth 1919 • Convention concerning the Age for Admission of Children to Employment in Agriculture 1921 Human Rights Session 2 - Levels of protection

  13. The End of History - 1945 • New structure after WW2 and its levels – „postwar onion“ – perspective of anonymous European state… • Instruments, organs, procedures • General versus special organs • Natural rights over positive rights • Western versus socialistic versus Third world perspective • Recent situation – literal introduction Human Rights Session 2 - Levels of protection

  14. Recent structure – domestic level • Literal trailer + basic steps • National bills of rights • Courts • Constitutional court • Ombudsman • Main function of all organs in modern liberal state……. Human Rights Session 2 - Levels of protection

  15. Recent structure – EU Human Rights Session 2 - Levels of protection

  16. Introduction EU - New Kid on the Block Why should we have HRs protection in EU? ECSC 1951 was not about HRs…. So why do we need them? What was EC about? The more competences, the more limits on competences by MSs (HRs as a fortress of MSs) The more competences, the more possibility of interference with HRs (EU attacking HRs) Thousands of facets of non-discrimination… (beloved topic of EU HRs protection) Human Rights Session 2 - Levels of protection

  17. 50s: The original EC Treaty Article 119 EEC Treaty „Each Member State shall in the course of the first stage ensure and subsequently maintain the application of the principle of equal remuneration for equal work as between men and women workers. For the purposes of this Article, remuneration shall mean the ordinary basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the workers’ employment. Equal remuneration without discrimination based on sex means: (a) that remuneration for the same work at piece-rates shall be calculated on the basis of the same unit of measurement; and (b) that remuneration for work at time-rates shall be the same for the same job.“ Human Rights Session 2 - Levels of protection

  18. 60s: founding case law principles Case 26/62 Van Gend & Loos [1963] ECR 1: „…ACCORDING TO THESPIRIT, THE GENERAL SCHEME AND THE WORDING OF THE TREATY, ARTICLE 12MUST BE INTERPRETED AS PRODUCING DIRECT EFFECTS AND CREATING INDIVIDUALRIGHTS WHICH NATIONAL COURTS MUST PROTECT…“ Case 6/64 Costa v. ENEL [1964] ECR 614: „THE TRANSFER BY THE STATES FROM THEIR DOMESTIC LEGAL SYSTEM TO THECOMMUNITY LEGAL SYSTEM OF THE RIGHTS AND OBLIGATIONS ARISING UNDER THETREATY CARRIES WITH IT A PERMANENT LIMITATION OF THEIR SOVEREIGN RIGHTS,AGAINST WHICH A SUBSEQUENT UNILATERAL ACT INCOMPATIBLE WITH THECONCEPT OF THE COMMUNITY CANNOT PREVAIL.“ Human Rights Session 2 - Levels of protection

  19. 70s: First HR cases – who is the defendor fidei? Case 11/70 Internationale Handesgeselschaft[1970] ECR 1125: weird facts of HRs cases in EC/EU…. The applicant, a German import-export company, obtained an export licence in respect of20,000 metric tonnes of maize meal, the validity of which expired on 31 December 1967.Council regulation 120/67 had set up a system for the common organization of the cerealmarket, whereby a licence could be obtained by lodging a deposit, and that deposit would beforfeited if the goods were not exported within the period of time set. A part of the applicant’scompany’s deposit was forfeited when the licence expired without the maize having beenexported, and the company brought proceedings before the administrative court claiming thereturn of this sum and questioning the validity of the deposit system. The national courtreferred the case to the ECJ. Human Rights Session 2 - Levels of protection

  20. 70s: First HR cases - who is the defendor fidei? „3. RECOURSE TO THE LEGAL RULES OR CONCEPTS OF NATIONAL LAW IN ORDER TOJUDGE THE VALIDITY OF MEASURES ADOPTED BY THE INSTITUTIONS OF THECOMMUNITY WOULD HAVE AN ADVERSE EFFECT ON THE UNIFORMITY ANDEFFICACY OF COMMUNITY LAW . THE VALIDITY OF SUCH MEASURES CAN ONLY BEJUDGED IN THE LIGHT OF COMMUNITY LAW . IN FACT, THE LAW STEMMING FROMTHE TREATY, AN INDEPENDENT SOURCE OF LAW, CANNOT BECAUSE OF ITS VERYNATURE BE OVERRIDDEN BY RULES OF NATIONAL LAW, HOWEVER FRAMED,WITHOUT BEING DEPRIVED OF ITS CHARACTER AS COMMUNITY LAW AND WITHOUTTHE LEGAL BASIS OF THE COMMUNITY ITSELF BEING CALLED IN QUESTION.THEREFORE THE VALIDITY OF A COMMUNITY MEASURE OR ITS EFFECT WITHIN AMEMBER STATE CANNOT BE AFFECTED BY ALLEGATIONS THAT IT RUNS COUNTERTO EITHER FUNDAMENTAL RIGHTS AS FORMULATED BY THE CONSTITUTION OFTHAT STATE OR THE PRINCIPLES OF A NATIONAL CONSTITUTIONAL STRUCTURE.HOWEVER, AN EXAMINATION SHOULD BE MADE AS TO WHETHER OR NOT ANYANALOGOUS GUARANTEE INHERENT IN COMMUNITY LAW HAS BEEN DISREGARDED .IN FACT, RESPECT FOR FUNDAMENTAL RIGHTS FORMS AN INTEGRAL PART OF THEGENERAL PRINCIPLES OF LAW PROTECTED BY THE COURT OF JUSTICE . THEPROTECTION OF SUCH RIGHTS, WHILST INSPIRED BY THE CONSTITUTIONALTRADITIONS COMMON TO THE MEMBER STATES, MUST BE ENSURED WITHIN THEFRAMEWORK OF THE STRUCTURE AND OBJECTIVES OF THE COMMUNITY . IT MUSTTHEREFORE BE ASCERTAINED, IN THE LIGHT OF THE DOUBTS EXPRESSED BY THEVERWALTUNGSGERICHT, WHETHER THE SYSTEM OF DEPOSITS HAS INFRINGEDRIGHTS OF A FUNDAMENTAL NATURE, RESPECT FOR WHICH MUST BE ENSURED INTHE COMMUNITY LEGAL SYSTEM.“ Don‘t use German constitution against EC, EC will protect HRs better….;-) Human Rights Session 2 - Levels of protection

  21. 90s: let us be European citizens! • Judgment of ECJ in Case C-159/90, The Society for the Protection of Unborn Children Ireland Ltd v Stephen Grogan et al. • Story and result? Human Rights Session 2 - Levels of protection

  22. 90s: let usbeEuropeancitizens! Opinion of Advocate general Jacobs in Case C-168/91 Konstantinidis[1993] ECR I-1191 – what was it about? Languages….? „46. In my opinion, a Community national who goes to anotherMember State as a worker or self-employedperson under Articles 48, 52 or 59 of the Treaty is entitled not just to pursue his trade orprofession and to enjoy the same living and working conditions as nationals of the host State; he is inaddition entitled to assume that, wherever he goes to earn his living in the European Community, hewill be treated in accordance with a common code of fundamental values, in particular those laid downin the European Convention on Human Rights. In other words, he is entitled to say "civis europeussum" and to invoke that status in order to oppose any violation of his fundamental rights.” Human Rights Session 2 - Levels of protection

  23. 90s: let us be European citizens! Judgment in Case C-168/91 Konstantinidis [1993] ECR I-1191 What remained of AG opinion? „15 Rules of that kind are to be regarded as incompatible with Article 52 of the Treaty only in so far astheir application causes a Greek national such a degree of inconvenience as in fact to interfere with hisfreedom to exercise the right of establishment enshrined in that article. 16 Such interference occurs if a Greek national is obliged by the legislation of the State in which he isestablished to use, in the pursuit of his occupation, a spelling of his name derived from thetransliteration used in the registers of civil status if that spelling is such as to modify its pronunciationand if the resulting distortion exposes him to the risk that potential clients may confuse him with otherpersons.“ Human Rights Session 2 - Levels of protection

  24. 90s: let us be European citizens! Maastricht Treaty 1992: „F2 TEU: The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law.“ „Article 8 TEC 1. Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. 2. Citizens of the Union shall enjoy the rights conferred by this Treaty and shall be subject to the duties imposed thereby. Article 8a 1. Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in this Treaty and by the measures adopted to give it effect. 2. The Council may adopt provisions with a view to facilitating the exercise of the rights referred to in paragraph 1; save as otherwise provided in this Treaty, the Council shall act unanimously on a proposal from the Commission and after obtaining the assent of the European Parliament.“ Human Rights Session 2 - Levels of protection

  25. 90s: let us be European citizens! TEU after Amsterodam Treaty: „Article 6 1. The Union is founded on the principles of liberty, democracy, respect for human rights andfundamental freedoms, and the rule of law, principles which are common to the Member States. 2. The Union shall respect fundamental rights, as guaranteed by the European Convention for theProtection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and asthey result from the constitutional traditions common to the Member States, as general principles ofCommunity law.“ Human Rights Session 2 - Levels of protection

  26. 2000: The Charter and her story Drafted by a body called the “Convention” on the basis of a decision of the Cologne summit adopted in June 1999. Answer to whether the EU should accede to European Convention on Human Rights or should have its own Bill of Rights and how to solve the problem of ever more intensive interference of the ever-closer Union into human rights problemacy. Solemnly proclaimed by the Presidents of the European Parliament, the Council of the European Union and the European Commission in Nice European Council on the 7 December 2000. But it was not annexed to the fundamental Treaties (although it had been “drafted as if it were to have full legal effect” ) and its legal force remained undetermined (or left to the later political process) due especially to the UK reluctance to accept a binding fundamental rights catalogue on EU level The first attempt to make the Charter legally binding done in the draft EU Constitution Treaty. After the Lisbon Treaty, replacing EU Constitution Treaty, came into force on 1 December 2009, was the Charter made legally binding as proclaimed by Art. 6 para. 1 of the Treaty on European Union. Human Rights Session 2 - Levels of protection

  27. 2000: The Charter and her story Structure: Dignity Freedoms Equality Solidarity Citizen´s Rights Justice Human Rights Session 2 - Levels of protection

  28. 2000: The Charter and her story Field of application: „Article 51 Field of application 1. The provisions of this Charter are addressed to the institutions, bodies, offices and agencies ofthe Union with due regard for the principle of subsidiarity and to the Member States only when theyare implementing Union law. They shall therefore respect the rights, observe the principles andpromote the application thereof in accordance with their respective powers and respecting the limits ofthe powers of the Union as conferred on it in the Treaties. 2. The Charter does not extend the field of application of Union law beyond the powers of theUnion or establish any new power or task for the Union, or modify powers and tasks as defined in the Treaties.“ Human Rights Session 2 - Levels of protection

  29. 2000: The Charter and her troubles Charter as a happy end of HRs story in EU? That was a good one….;-) Human Rights Session 2 - Levels of protection

  30. 2000: The Charter and her troubles Protocol on the application of the Charter of Fundamental Rights of the European Union to Poland and to the United Kingdom (and the Czech Republic?) „Article 1 1. The Charter does not extend the ability of the Court of Justice of the European Union, or any court or tribunal of Poland or of the United Kingdom, to find that the laws, regulations or administrative provisions, practices or action of Poland or of the United Kingdom are inconsistent with the fundamental rights, freedoms and principles that it reaffirms. 2. In particular, and for the avoidance of doubt, nothing in Title IV of the Charter creates justiciable rights applicable to Poland or the United Kingdom except in so far as Poland or the United Kingdom has provided for such rights in its national law. Article 2 To the extent that a provision of the Charter refers to national laws and practices, it shall only apply to Poland or the United Kingdom to the extent that the rights or principles that it contains are recognised in the law or practices of Poland or of the United Kingdom.“ Human Rights Session 2 - Levels of protection

  31. Recent structure – regional general • Council of Europe • 1949 • 47 members (Europe – except of Belarus) • Committee of Ministers • Secretary General - Thorbjørn Jagland • Commissioner for Human Rights Human Rights Session 2 - Levels of protection

  32. Recent structure – regional general • ECHR – confusing abbreviation – Court or Convention • Court: President Nicolas Bratza • 47 judges • 5 sections or Grand chamber Human Rights Session 2 - Levels of protection

  33. Recent structure – regional general • ECHR – Convention for the Protection of Human Rights and Fundamental Freedoms + 14 Protocols (procedural and material) • Before Protocol 11 – Court and Commission • Competences (no quashing…): Art. 41: • „If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.“ • Victim of its own success – 57100 applications in 2009! Human Rights Session 2 - Levels of protection

  34. Recent structure – regional special • Under umbrela of CoE • European Social Charter 1961 (European Committee of Social Rights) • European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment 1967 (European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment) • Convention for the protection of Human Rights and dignity of the human being with regard to the application of biology and medicine: Convention on Human Rights and Biomedicine 1997 (Steering Committee on Bioethics) • European Charter for Regional or Minority Languages 1992 (Committee of experts) • and many more…. Human Rights Session 2 - Levels of protection

  35. Recent structure – super-regional • The Organization for Security and Co-operation in Europe (OSCE): • 56 member states „from Vancouver to Vladivostok“ • Set up to guarantee security in Cold war 1975 • 3 baskets: military and political; economic cooperation and…..HR! (Charta 77) • What are they used for now…..? Human Rights Session 2 - Levels of protection

  36. Recent structure – other regions • American Convention on Human Rights (Pact of San José) 1969: Inter-American Commission on Human Rights and Inter-American Court of Human Rights (Organization of American States) • African Charter on Human and Peoples' Rights (Banjul Charter) 1979: African Commission on Human and Peoples' Rights and African Court on Human and Peoples' Rights (African Union) • Cairo Declaration of Human Rights in Islam 1990 (Organisation of the Islamic Conference) • Inspired by CoE… Human Rights Session 2 - Levels of protection

  37. Recent structure – United nations – Charter based bodies • Documents? • Charter + Universal Declaration of Human Rights 1948 (what is its character? Is it binding?) Human Rights Session 2 - Levels of protection

  38. Recent structure – United nations – Charter based bodies • Preamble: “The General AssemblyProclaims this Universal Declaration of Human Rights as a common standard of achievementfor all peoplesand all nations, to the end that every individualand every organ of society, keeping this Declaration constantlyin mind, shall strive by teachingand educationto promote respect for these rights and freedoms and by progressivemeasures, national and international, to secure their universal and effective recognitionand observance,both among the peoples of Member States themselves and among the peoplesof territoriesunder their jurisdiction.“ Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970) – thanks to usus longaevus it is now customary law Human Rights Session 2 - Levels of protection

  39. Recent structure – United nations – Charter based bodies • Bodies? • UN General Assembly • UN Security Council – both maintaining „peace and security“ – broad interpretation • ICJ • UNHCR • Office of the United Nations High Commissioner for Human Rights (since 1993) – co-ordinates human rights activities throughout the UN System - now Navanethem Pillay Human Rights Session 2 - Levels of protection

  40. Recent structure – United nations – Charter based bodies • Human Rights Council (plus Advisory Committee and its Working groups): established in 2006 (UN GA resolution A/RES/60/251) as a successor to the United Nations Commission on Human Rights • Universal periodic review of all UN states • Complaints procedure (let us try it) • Special Procedures (on topics like Arbitrary Detention or country – which one is most often condemned?) – answer is in political bloc voting…. Human Rights Session 2 - Levels of protection

  41. Recent structure – United nations – Treaty based bodies • General: The Human Rights Committee (CCPR) – monitoring implementation of International Covenant on Civil and Political Rights 1966 (ICCPR) and its 2 optional protocols (on individual complaints and on abolishment of the death penalty); 18 members, experts nominated by states: closed meetings, output is opinion… Human Rights Session 2 - Levels of protection

  42. Recent structure – United nations – Treaty based bodies ICCPR „Article 2 1. Each State Party to the present Covenant undertakes to respect and to ensure to allindividuals within its territory and subject to its jurisdiction the rights recognized in the presentCovenant, without distinction of any kind, such as race, colour, sex, language, religion, politicalor other opinion, national or social origin, property, birth or other status. 2. Where not already provided for by existing legislative or other measures, each State Party tothe present Covenant undertakes to take the necessary steps, in accordance with itsconstitutional processes and with the provisions of the present Covenant, to adopt such laws orother measures as may be necessary to give effect to the rights recognized in the presentCovenant. Human Rights Session 2 - Levels of protection

  43. Recent structure – United nations – Treaty based bodies 3. Each State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shallhave an effective remedy, notwithstanding that the violation has been committed by personsacting in an official capacity; (b) To ensure that any person claiming such a remedy shall have his right thereto determinedby competent judicial, administrative or legislative authorities, or by any other competentauthority provided for by the legal system of the State, and to develop the possibilities ofjudicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted.“ Human Rights Session 2 - Levels of protection

  44. Recent structure – United nations – Treaty based bodies • Special: • Committee on Economic, Social and Cultural Rights (CESCR) – monitors implementation of the International Covenant on Economic, Social and Cultural Rights 1966 by its States parties: soft law, reports to UN Economic and Social Council • on 10 December 2008 the General Assembly unanimously adopted an Optional Protocol (GA resolution A/RES/63/117) to the International Covenant on Economic, Social and Cultural Rights which provides the Committee competence to receive and consider communications, now open to signatures Human Rights Session 2 - Levels of protection

  45. Recent structure – United nations – Treaty based bodies Article 2 ICESCR: „1. Each State Party to the present Covenant undertakes to take steps, individually and throughinternational assistance and co-operation, especially economic and technical, to the maximum of itsavailable resources, with a view to achieving progressively the full realization of the rights recognizedin the present Covenant by all appropriate means, including particularly the adoption of legislativemeasures. 2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in thepresent Covenant will be exercised without discrimination of any kind as to race, colour, sex, language,religion, political or other opinion, national or social origin, property, birth or other status. 3. Developing countries, with due regard to human rights and their national economy, may determineto what extent they would guarantee the economic rights recognized in the present Covenant to nonnationals.“ Human Rights Session 2 - Levels of protection

  46. Recent structure – United nations – Treaty based bodies • Special • Committee on the Elimination of Racial Discrimination (CERD) 1965 • Committee on the Elimination of Discrimination Against Women (CEDAW) 1979 • Committee Against Torture (CAT) & Optional Protocol to the Convention against Torture (OPCAT) - Subcommittee on Prevention of Torture (SPT) 1984 • Committee on the Rights of the Child (CRC) 1989 • Committee on Migrant Workers (CMW) 1990 • Committee on the Rights of Persons with Disabilities (CRPD) 2008 • International Convention for the Protection of All Persons from Enforced Disappearance 2006 – Committee on Enforced Disappearances Human Rights Session 2 - Levels of protection

  47. Recent structure – United nations – Treaty based bodies • Competences of committees: • General comments – about concrete rights • Reports procedure: general reports from states every X years (for CRC, CMW the only procedure) • Inquiry procedure – visiting the countries (opt-out possibility) • Examination of inter-state complaints – not used • examination of individual complaints (CCPR, CERD, CAT and CEDAW, now CESCR) – Opt-in provision Human Rights Session 2 - Levels of protection

  48. Recent structure – United nations – Treaty based bodies • Why are they unpopular? • Several reasons: • Too many of them (back to Kafka)– not coordinated • Too many reports, not binding, no real power • Often politicized: HR Council • General comments are useful (by balanced experts) Human Rights Session 2 - Levels of protection

  49. Other universal bodies • International Criminal Court (ICC) - Rome Statute of the International Criminal Court 1998 (since 2002 effective) – after specialized tribunals • International Labour Organization 1919 Human Rights Session 2 - Levels of protection

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