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Human rights frameworks

Human rights frameworks. Class Structure. What are the concepts of human rights and human-rights based development (HRBD)? Role of the UN Role of Amnesty International Seminar presentation: Caroline Assignment #2 Role playing exercise

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Human rights frameworks

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  1. Human rights frameworks

  2. Class Structure • What are the concepts of human rights and human-rights based development (HRBD)? • Role of the UN • Role of Amnesty International • Seminar presentation: Caroline • Assignment #2 • Role playing exercise • Workgroup discussion designing new constitutions in Tunisia, Libya and Egypt

  3. Strategic options Pros and cons of each?

  4. HR Resources • www.amnesty.org • CIRI.binghampton.edu • Human Rights Watch www.hrw.org • Office of the High Commissioner for Human Rights www.ohchr.org • www.universalhumanrightsindex.org/

  5. 1. Concepts

  6. Definition • UNIVERSALITY: Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. • EQUALITY: We are all equally entitled to our human rights without discrimination. • COHESION: These rights are all interrelated, interdependent and indivisible. • www.ohchr.org

  7. Types of HR instruments • Covenants, statutes, protocols and conventions are legally-binding for those States that ratify or accede to them. • Declarations, principles, guidelines, standard rules and recommendations have no binding legal effect, but they have an undeniable moral force and provide practical guidance • Growth in international instruments (Elliott 2011)

  8. Core legally-binding treaties Universal Declaration of Human Rights 1948 International Covenant on Civil and Political Rights (ICCPR) 1966 International Covenant on Economic, Social, and Cultural Rights (ICESCR) 1966 Optional Protocol to the International Covenant on Civil and Political Rights 1976 Second Optional Protocol to the International Covenant on Civil and Political Rights 1989 International Convention on the Elimination of all Forms of Racial Discrimination (CERD) 1966 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 1979 Convention against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) 1984 Convention on the Rights of the Child (CRC) 1989 Convention on the Protection of All Migrant Workers and Members of their Families 1990 All UN Member States have ratified at least one core international human rights treaty, and 80 percent have ratified four or more. Source: http://www.ohchr.org

  9. Rights-holders and duty-bearers • Human rights entail both rights and obligations. • States assume obligations and duties under international law to respect, to protect and to fulfill human rights. • The obligation to respect means that States must refrain from interfering with or curtailing the enjoyment of human rights. • The obligation to protect requires States to protect individuals and groups against human rights abuses. • The obligation to fulfill means that States must take positive action to facilitate the enjoyment of basic human rights. • At the individual level, while we are entitled our human rights, we should also respect the human rights of others.

  10. HR indicators

  11. Impact of signature to HR instruments? • O. Hathaway (2002) Do Human Rights Treaties Make a Difference? Yale Law Review • Treaty ratification is not infrequently associated with worse human rights ratings than otherwise expected. • My findings do not necessarily tell us that treaties lead to worse human rights practices. • Countries with worse practices may be more inclined to ratify treaties • Or we may simply know more about violations committed by countries that sign human rights treaties, making countries that ratify look worse than they are. • Countries that take the relatively costless step of treaty ratification may thereby offset pressure for costly changes in policies. Because monitoring and enforcement are usually minimal, the expression by a country of commitment to the treaty's goals need not be consistent with the country's actual course of action.

  12. 2. Role of the UN

  13. UN Roles • Office of the UN High Commissioner for Human Rights • Dialogue and cooperation on international agreements on normative standards and legally-binding instruments • Conventions, core treaties, declarations • Monitor state ratification and accession • Monitor legal implementation within countries • Human Rights Council • Established 2006 • Aims to monitor implementation of treaties and major cases of HR violations in international law, develop capacity and offer technical assistance • 46 members elected by the General Assembly by absolute majority (96 votes). • “members elected to the Council shall uphold the highest standards in the promotion and protection of human rights”   • 13 from Africa; 13 from Asia; 6 from the Eastern Europe; 8 from Latin American and Caribbean; and 7 from the Western European and Other States.  • HRW: Major weaknesses in composition and record • ‘Favor cooperation over condemnation’

  14. HR Council Membership In accordance with paragraph 7 of General Assembly resolution 60/251 “the Council shall consist of forty-seven Member States, which shall be elected directly and individually by secret ballot by the majority of the members of the General Assembly; the membership shall be based on equitable geographical distribution, and seats shall be distributed as follows among regional groups: Group of African States, thirteen; Group of Asian States, thirteen; Group of Eastern European States, six; Group of Latin American and Caribbean States, eight; and Group of Western European and other States, seven; the members of the Council shall serve for a period of three years and shall not be eligible for immediate re-election after two consecutive terms”.

  15. HR Council Membership

  16. UN effectiveness? • Establishing international agreement and conventions? • Monitoring compliance and implementation? • Highlighting cases of human rights abuses? • Mobilizing international actions • Ref Oona Hathaway “Do human rights treaties make a difference?” Yale Law Journal 2002

  17. 3.Amnesty International

  18. Amnesty • Aims • Our purpose is to protect people wherever justice, freedom, truth and dignity are denied. • Strategies • We investigate and expose abuses, • Educate and mobilize the public, and • Help transform societies to create a safer, more just world. • Structure • Founded in 1961 • 2.2+ million supporters, activists and volunteers in over 150 countries • Complete independence from government, corporate or national interests

  19. AI Issue priorities • UDHR: The Universal Declaration of Human Rights • Women: 15 Steps to Protect Women's Human Rights • Torture: 12-point Program for the Prevention of Torture • Disappearances: 14-Point Program for the Prevention of "Disappearances" • Extrajudicial Executions: 14-point Program for the Prevention of Extrajudicial Executions • Peacekeepers: 15-Point Program for Implementing Human Rights in International Peace-keeping Operations • Health Professionals: Amnesty International's Declaration on the Role of Health Professionals in the Exposure of Torture and Ill-treatment • Medical Investigations: Amnesty International's Principles for the Medical Investigation of Torture and Other Cruel, Inhuman or Degrading Treatment • Internal Displacement:  Amnesty International's guiding principles for addressing the specific needs of internally displaced persons worldwide.

  20. 2007 AI activities • 330 Urgent Actions issued on behalf of more than 5,000 people, communities, human rights organizations and families • 700 Human Rights Defenders and human rights organisations trained globally • 473 briefings and reports produced • 153 countries featured in Amnesty International’s Report 2007 • 121 campaigning projects launched • 120 visits made to 77countries and territories • 57countries documented as holding prisoners of conscience or possible prisoners of conscience • Source: Amnesty International

  21. Types of HR interventions? • For UN agencies and organizations? • For NGO Human Rights watchdogs?

  22. Assignment #2

  23. Assignment 2 • The aim of this assignment is to build upon the first section of the class by applying insights into constitutional design to specific cases. • You are asked to break into three workgroups to develop an integrated set of recommendations designed for the constitutions in either Tunisia, Egypt or Libya • Think of your client as a parliamentary group seeking advice and technical assistance • You need to give persuasive reasons for and against constitutional options, citing evidence from your readings to support your arguments whenever possible. • You will also get credit for this in the individual briefing memo due Mon 26th March • More resources are on the class website

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