Guarantee of Human Rights Realization in Public Administration

1. Guarantee of Human Rights Realization in Public Administration 2 July 2010, Bialystok

2. 1750 B.C.E. Code of Hammurabi, Babylonia 1200 - 300 B.C.E. Old Testament 551 - 479 B.C.E. Analects of Confucius 40 - 100 C.E. New Testament 644 - 656 C.E. Koran 1215 Magna Carta, England 1400 -Code of Nezahualcoyotl, Aztec 1648 Treaty of Westphalia, Europe 1689 Bill of Rights, England 1776 Declaration of Independence, United States 1787 United States Constitution 1789 Declaration on the Rights of Man and the Citizen, France 1791 -United States Bill of Rights Human Rights Documents in the past

3. 19th and 20th Century Human Rights Documents and Foundations • 1863: Emancipation Proclamation, United States • 1864 & 1949: Geneva Conventions, International Red Cross/Crescent • 1919: League of Nations Covenant, International Labor Organization (ILO) Created • 1920: Women gain the right to vote in the U.S. • 1926: Slavery Convention • 1945: United Nations Charter, San Francisco • 1947: Mohandas Gandhi uses non-violent protests leading India to independence.

4. Human Development • Enlightenment: knowledge and freedom (18th cent.) • Modern science and technology (19th–20th cent.) • Economic growth / economic integration (40s-60s) • Social integration / fair distribution of wealth (60s) • Quality of life (70s and 80s) • Human development (80s and 90s) • Sustainable development (90s and 2000s) • Millennium Development Goals (late 90s and 2000s)

5. A GLOBAL PARADIGM OF PROGRESS • Universally shared values • Universally shared goals • Universally shared tools

6. THREEKEY DIMENSIONS OF PROGRESS… • Human rights • Democratic participation • Governance

7. What are human rights? • Human rights are inherent in every human being - the law does not grant rights, but recognises them. • Human rights are a concern of all. • A common standard of achievement for all. • They regulate relations between the State and individuals. • In brief, they apply equally to everyone, everywhere and always.

8. Universal Interconnected Indivisible Both Rights and Responsibilities the rights that someone has simply because he or she is a human being. Human Rights Are:

9. Five Primary Categories of Human Rights: • Civil Rights • Political Rights • Economic Rights • Social Rights • Cultural Rights

10. The Universal Declaration of Human Rights « All human beings are born free and equal in dignity and rights «  (article 1) The Second World War and the post-war context The foundation of international human rights law

11. UDHR History and Current Status The Universal Declaration of Human Rights (UDHR) was drafted by the UN Commission on Human Rights The UDHR was adopted by the 56 member nations of the UN General Assembly on December 10, 1948. December 10th is now celebrated around the world as International Human Rights Day. There are now188 member states in the United Nations that agreed to educate their citizens about the principles of the UDHR. Most of these countries have incorporated the principles of the UDHR into their constitutions.

12. UNIVERSAL DECLARATION OF HUMAN RIGHTS (1948) INDEX OF ARTICLES 1-2 Human dignity, equality and non-discrimination 3 Life, Liberty and Security 4 Slavery and Slave Trade 5 Torture and Cruel/Inhuman/Degrading Treatment or Punishment 6-11 Legal Rights 12 Arbitrary Interference 13 Freedom of Movement and Residence 14 Asylum 15 Nationality 16 Marriage 17 Property 18-19 Freedom of Thought/ Conscience/ Religion/ Opinion/ Expression 20 Peaceful Assembly and Association 21 Political Rights 22 Social security and general recogntion of socio-economic rights 23-24 Employment, Trade Union and Rest 25 ADEQUATE STANDARD OF LIVING 26 EDUCATION 27 Cultural Life 28 International order 29 Limitations (Morality/public order/general welfare)

13. International Bill of Human Rights

14. KEY INTERNATIONAL TREATIES IN THE FIELD OF HUMAN RIGHTS

15. THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

16. CAN HUMAN RIGHTS AND DEMOCRATIC GOVERNANCE REALLY BE ACHIEVED ? • By whom? • With which methods? • Under which conditions? • For which purposes?

17. HOW DOES THE UDHR PROTECT HUMAN RIGHTS? The UDHR is an international statement of values that has inspired over 80 treaties containing human rights laws, including the main UN human rights treaties.

18. Declaration Document stating agreed upon standards or principles, but which is not legally binding Covenant/Convention/ Treaty Legally binding agreement between states Human Rights Definitions • Ratification • Formal process by which the legislative body of a state confirms a government’s action in signing a treaty • Reservation • The exceptions that states parties make to a treaty (e.g., provisions within the treaty that the member does not accept)

19. Human Rights Law • National law - directly applicable and must be upheld in the court or bodies are to have due regard to it. • International human rights law – ratified by government at the international level. Laws and policies developed locally should be compliant with the international standards. Not legally binding in a court but used by the court to develop understanding of the standards.

20. HUMAN RIGHTS WATCH INCLUDE: • Global initiatives to build indicators of democracy, human rights and governance. • Regional initiatives to set-up evidence-based monitoring mechanisms. • Nationaland local initiatives to measure human rights anddemocratic governance.

21. THESE INITIATIVES PRESENT SEVERAL LIMITATIONS: • International indicators have limited use in assessing the impact of national policies. Their sources and methods are broadly questioned. • Regionalinitiatives are still insufficient. • Nationaland localinitiatives are implemented with very limited human, technical and financial resources.

22. JURISPRUDENCE OF THE UN COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS 1. Concept of “progressive realization” 2. Concept of the “Minimum Core” “[A]ny situation in which any significant number of individuals is deprived of essential foodstuffs, of essential primary health care, of basic shelter and housing, or of the most basic forms of education constitutes prima facie evidence that a State party is failing to discharge its obligations under the Covenant”. 3. Negative and positive obligations (including obligations to respect, protect and promote human rights) 4. Obligation to give effect to the human rights set out in the ICESCR in domestic law

23. Human Development and Human Rights Key question: How can the obligations of national governments with respect to human development be justified and specified? Move beyond the human development paradigm by bringing in a theory of universal human rights.

24. Group Study • How to protect the rights of those groups at national level? • 1. Children rights • 2. Women rights • 3. Forced labor / sex slaves • 4. Illegal immigrants • 5. Rights of disabilities