OT 5.1

At the end of this session, At the end of this session, you should be able toyou should be able to

explain the main sources of human rights law and the main human rights instruments

name some of the mechanisms in place to implement and enforce human rights law

name the main human rights bodies clarify how human rights law applies in

armed conflict and state of emergency list the main criteria for the situations in

which only the most basic human rights apply

OT 5.2

Human Rights yesterdayHuman Rights yesterdayand todayand today

Idea of rights dates back to pre-Second World War domestic constitutions

For our purposes starts with UN Charter: in its preamble declares as a primary purpose of the United Nations:

“promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion.”

OT 5.3

Human Rights yesterdayHuman Rights yesterdayand today and today ((continuedcontinued))

In signing on to international human rights treaties, States give away some sovereignty and make themselves vulnerable to be scrutinized by the international community

Idea of international human rights: make them known to all people; don’t replace domestic protection of individuals but make it more effective within national systems

When a State has ratified a treaty, it is supposed to adopt national measures to ensure that the treaty is implemented on the national level

OT 5.4

International Bill ofInternational Bill ofHuman RightsHuman Rights

contains following instruments:contains following instruments: The Universal Declaration of

Human Rights (UDHR), 1948 The International Covenant on

Civil and Political Rights (CCPR), 1966

The International Covenant on Economic, Social and Cultural Rights (CESCR), 1966

OT 5.5

First developments on international arena:

adoption in 1948 of the Universal Declaration of Human Rights and the Convention on the Prevention and Punishment of the Crime of Genocide

Antecedents to these: minority treaties adhered to on bilateral or

multilateral basis, the Charter of the International Military Tribunal in Nuremberg and international humanitarian law (was developed much earlier)

OT 5.6

Universal Declaration of Human Rights adopted by the UN General Assembly as a "common standard of achievement". UDHR is not a treaty. However, today, many of its provisions have become part of international customary law

UDHR codified with the adoption of two Covenants in 1966: the CCPR, and the CESCR

The two covenants are different in nature because of different type of rights that each addresses

OT 5.7

Other major Human Rights Other major Human Rights InstrumentsInstruments

The Convention on the Elimination of All Forms of Racial Discrimination (CERD), 1965

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979

The Convention against Torture (CAT), 1984

The Convention on the Rights of theChild, 1989

The Convention relating to the Status of Refugees and its Protocol, 1951 and 1967

OT 5.8

International Protection of Human RightsInternational Protection of Human Rights

Inter-Governmental OrganizationsInter-Governmental Organizations

Universal

UN Spec.Agencies

UN

Charter Conventions

ECOSOCECOSOC

GA SC, SG

UNICEFUNHCR

UNHCHR

Commission onHuman Rights

Sub-Commission

Special Procedures

Commissionon Crime

Prevention

CCPRCESCRCERD

CEDAWCATCRC…...

Commission on Status of Women

OT 5.9

Derogations during statesDerogations during statesof emergency:of emergency:

Civil and political rights may be derogated during a state of emergency

Derogating from human rights means to “limit” the extent to which these obligations apply

The derogation clause is to be found in Article 4 of the CCPR

OT 5.10

General CommentGeneral Commenton Article 4on Article 4

“The Committee holds the view that the measures taken under Article 4 are of an exceptional and temporary nature and may only last as long as the life of the nation concerned is threatened and that in times of emergency, the protection of human rights becomes all the more important, particularly those rights from which no derogation can be made.”

OT 5.11

Criteria for lawful derogationCriteria for lawful derogation temporary derogations only exceptional threat to the life of the nation

must exist official proclamation of a state of emergency

must be made notification to other states and/or relevant

treaty-monitoring body reasonable proportionality between means

employed and end to be realized must exist other obligations under international law

remain applicable measures taken to derogate must not be

discriminatory

OT 5.12

The following rights areThe following rights arenon-derogable:non-derogable:

the right to life freedom from torture freedom from slavery freedom from post facto

legislation and other judicial guarantees

right to recognition beforethe law

freedom of thought, conscience and religion

OT 5.13

The Office of theThe Office of theHigh CommissionerHigh Commissionerfor Human Rightsfor Human Rights

Broad mandate of UNHCHR createdby the General Assembly resolution of20 December 1993

Responsibilities of the High Commissioner: "to adopt and to foster a rights based

approach across the whole spectrum of civil, cultural, economic, political and social rights, to promote and protect the realization of the right to development and to specifically include women's rights as human rights."

OT 5.14

The Office of theThe Office of theHigh CommissionerHigh Commissionerfor Human Rights for Human Rights ((continuedcontinued))

UNHCHR present in a number of countries; carries out monitoring and promotional activities there

Important for UNICEF to coordinate its work in the field of monitoring and reporting with the Office of the High Commissioner

OT 5.15

Regional Human RightsRegional Human Rights

Three regional human rights Three regional human rights frameworks/treaties in addition frameworks/treaties in addition to the international framework:to the international framework: African Charter on Human and

Peoples' Rights (1981) American Convention on

Human Rights (1969) the European Convention for the

Protection of Human Rights and Fundamental Freedoms (1950)

OT 5.16

A numberA number of other human rights of other human rights instruments on the regional level cover instruments on the regional level cover certain groups of people or certain certain groups of people or certain issues:issues:

Concerning children: African Charter on the Rights and Welfare

of the Child (adopted in 1990 but not yet in force)

European Convention on the Exercise of Children's Rights (adopted in 1996 but not yet in force)

Normally, a regional treaty provides more specific provisions. If conflicting treaty provisions: the one that grants the greatest protection prevails