International Law: Unit 6 Human Rights

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