INTRODUCING PROTECTION OF HUMAN RIGHTS 21 November 2011 Barbro Svedberg

1. INTRODUCING PROTECTION OF HUMAN RIGHTS 21 November 2011 Barbro Svedberg

2. 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

3. Universal Declaration of Human Rights human dignity of all people is the foundation of justice and peace in the world

4. 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.

5. 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

6. 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

7. 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

8. 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

9. 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

10. MOVIE TIME!“Bringing Human Rights Home” OHCHR 2010

11. 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

12. 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

13. 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

14. REFLECTION • What are the main human rights obligations addressed in your work?