SESSION 2: INTERNATIONAL HUMAN RIGHTS LAW

1. SESSION 2:INTERNATIONAL HUMAN RIGHTS LAW

2. AT THE END OF SESSION 2, YOU SHOULD BE FAMILIAR WITH: Basics of international law Primary international human rights instruments Application of human rights law in emergencies Formulating advocacy strategies on protection using international legal standards UNICEF 2

3. INTERNATIONAL LAW Governs relations between States, or between States and individuals Grants specific rights to individuals Imposes duties and obligations on States,individuals and groups UNICEF 3

4. PRIMARY SOURCES OF INERNATIONAL LAW International Conventions or Treaties International Customary Norms UNICEF 4

5. WHAT IS INTERNATIONAL HUMAN RIGHTS LAW? Treaties and other instruments Customs Declarations, guidelines and principles UNICEF 5

6. WHY IS IT IMPORTANT TO KNOW ABOUT INTERNATIONAL HUMAN RIGHTS LAW? UN Charter UNICEF Mission Statement CEDAW, OP’s etc. HRBAP Legal obligations on a government Advocacy (with government, NSE etc) UNICEF 6

7. HUMAN RIGHTS PRINCIPLES Universality Indivisibility and Interdependence Accountability Participation UNICEF 7

8. CLASSIFICATION OF HUMAN RIGHTS Civil and Political Rights Economic, Social and Cultural Rights Collective Rights UNICEF 8

9. INTERNATIONAL BILL OF RIGHTS Consists of three instruments: Universal Declaration of Human Rights (UDHR), 1948 International Covenant on Civil and Political Rights(ICCPR), 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966 UNICEF 9

10. OTHER MAJOR INTERNATIONAL HUMAN RIGHTS INSTRUMENTS International Convention on the Elimination of all Forms of Racial Discrimination (CERD, 1965) Convention on the Elimination of all forms of Discrimination against Women (CEDAW, 1979) Convention against Torture (CAT, 1984) Convention on the Rights of the Child (CRC, 1989) Refugee Convention and Protocol, 1951 and 1967 Guiding Principles on Internal Displacement, 1998 (Note: not legally binding) UNICEF 10

11. CONVENTION ON THE RIGHTS OF THE CHILD (CRC) Includes both civil and political AND economic, social and cultural rights Applies at ALL times to ALL children in ALL situations Art 38: Respect for International Humanitarian Law (IHL) and Protection and Care of Children Affected by Armed Conflict UNICEF 11

12. CRC FOUNDATION PRINCIPLES Non-discrimination Best interests of the child Right to life, survival and development Respect for the views of the child UNICEF 12

13. OPTIONAL PROTOCOLS TO THE CRC Optional Protocol on the Involvement of Children inArmed Conflict (entered into force 12 February 2002) Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (entered into force 18 January 2002) UNICEF 13

14. TRUE OR FALSE? • Governments are prohibited from conscripting or compulsorily recruiting any persons under the age of 18 into their armed forces UNICEF 14

15. TRUE OR FALSE? 2. Governments are prohibited from voluntarily recruiting persons under the age of 18 into their armed forces UNICEF 15

16. TRUE OR FALSE? 3. Government armed forces are not permitted to engage members of their armed forces that are under the age of 18 in direct hostilities UNICEF 16

17. TRUE OR FALSE? 4.Non-governmental armed groups are permitted to voluntarily recruit under-18s UNICEF 17

18. TRUE OR FALSE? 5. The OP recognises and addresses the link between the sexual exploitation of children and armed conflict UNICEF 18

19. TRUE OR FALSE? 6. If the age of a child is uncertain, a criminal investigation cannot be pursued UNICEF 19

20. TRUE OR FALSE? 7. The OP contains a provision for the decriminalization of child victims. For example child prostitutes are given immunity from prosecution UNICEF 20

21. TRUE OR FALSE? 8.The OP strongly discourages the practice of international adoption UNICEF 21

22. LEGAL AGE OF RECRUITMENT AND PARTICIPATION IN THE ARMED FORCES CRC: prohibits recruitment and use under 15 years OP to CRC: prohibits compulsory recruitment for under years. Voluntary recruitment is permitted for 16 and 17 (with safeguards) but no direct participation in hostilities for under 18 years Non-governmental armed groups cannot recruit or use for under 18s (neither voluntary or compulsory) ICC: recruitment of under 15 years is considered war crime API: recruitment and direct participation in hostilities prohibited for under 15 years APII: recruitment and direct participation for under 15 years prohibited 22 UNICEF

23. DEROGATIONS DURING STATES OF EMERGENCY Economic, social and cultural rights cannot be derogated from Civil and political rights can be derogated from provided that specific conditions are met UNICEF 23

24. LIMITATIONS ON DEROGATIONS TO CIVIL AND POLITICAL RIGHTS (ICCPR, ART.4.1) Temporary Exceptional threat to the life of the nation Notification to State parties and treaty-monitoring body of measures taken Reasonable proportionality Other international legal obligations continue to apply Measures taken to derogate must not be discriminatory UNICEF 24

25. NON-DEROGABLERIGHTS Right to life Freedom from torture Freedom from slavery Freedom from post facto legislation and other judicialguarantees Right to recognition before the law Freedom of thought, conscience and religion UNICEF 25

26. ENFORCEMENT MECHANISMS International HR tribunals (e.g. Inter-Am. Court of Justice) International criminal tribunals (e.g. ICTY/R; ICC) Alternative measures of justice (e.g. truth commissions; traditional methods) UN Special Rapporteurs on countries and thematics (e.g. Torture) Domestic implementation of treaty obligations Monitoring work by NGOs and media Non-military sanctions Military force UNICEF 26

27. KEY MESSAGES All UNICEF programmes are guided by human rights Familiarity with international human rights standards will allow for more focused and effective advocacy at all levels on humanitarian issues CRC + OPs = key tools for protection of children’s rights Certain rights are non-derogable, even during a state of emergency UNICEF 27