Introduction to Human Rights
International Conventions
contract between states that are legally binding and impose mutual obligations on the states parties on the treatment of all individuals within their jurisdiction though source of international law are not hierarchical, treaties have some degree of primacy over 40 major international conventions for the protection of human rights adopted; various titles: covenant, convention adopted at the global level (within framework of the UN & specialized agencies, e.g. ILO, UNESCO) & under regional organizations in Europe, Americas & Africa
ICISS 2001 Report
a radical reformulation of the meaning of state sovereignty (the supreme & independent power or authority in government) ICISS: It not only entailed rights but also responsibilities: specifically a state's responsibility to protect its people from major violations of human rights Where a state was "unable or unwilling" to protect its people, the responsibility should shift to the international community & "the principle of non-intervention yields to the international responsibility to protect" ICISS report: any form of military intervention should be guided by 6 criteria to be justified as an extraordinary measure of intervention Sovereignty is no longer absolute and if the state is unwilling to protect its people from mass atrocity then the international community will step in
justiciable
a requirement that to be heard a case must be capable of being settled as a matter of law rather than on other grounds as is commonly the case in legislative bodies
Genocide must have murderous implications; may not involve the killing of people
denotes crimes committed "with intent to destroy, in whole or in part, a national, technical, racial or religious group" forced sterilization or other measures designed to prevent births, removal of children from a group, or conditions inflicted on a group to bring about its demise could also be considered genocidal act genocidal crimes are committed against specific kinds of groups with the deliberate purpose of eradicating them
Civil rights protect people from
discrimination, grant certain freedoms (free speech, due process, equal protection, the right against self-incrimination)
Hutus & Tutsis historical relationship
their troubled relationship far outdate the genocide, dating back to the 14th century
Human Rights Council addresses human rights abuses; thematic/country issues. they respond to abuse through
1) UPR monitors compliance with international human rights obligations 2) UN Special Procedure (Special Rapporteurs, special reps, independent experts & working groups that monitor, examine, advise & publicly report on thematic issues or HRs situations in specific countries)
What distinguishes a refugee from other types of migrants?
1. "forced" versus "voluntary" migration 2. loss of state protection 3. crossing on international border
6 principal organs of the UN
1. General Assembly 2. Security Council 3. Trusteeship Council 4. Economic and Social Council 5. Secretariat 6. International Court of Justice
R2P Three Pillars
1. States have the primary responsibility to protect their populations from genocide, war crimes. war against humanity & ethnic cleansing 2. International community is committed to supporting states build capacity to protect their populations from these serious crimes & help those under stress before crises & conflicts break out 3. It is the responsibility of the international community to act in a timely & decisive way to prevent & halt these crimes when a state manifestly fails to protect its populations
5 ways the U.S. contributed to global reaction
1. US lobbied the UN to totally withdraw its troops in April 94 2. Secretary of State Warren Christopher did not authorize officials to use the term "genocide" until May 21; officials waited another 3 weeks before publicly using the term 3. Bureaucratic infighting slowed the US response to the genocide in general 4. The US refused to block extremist radio broadcasts inciting the killing, citing cost and concern with international law 5. US official knew exactly who was leading the genocide, actually spoke with those leaders to urge an end to the violence but did not follow up with concrete action
ICC Appeals
Appeal Chamber. Article 80 of the Rome Statute allows retention of an acquitted defendant pending appeal
Instruments protecting right to health
Article 25 of the Universal Declaration of Human Rights Article 12 of the International Covenant on Economic, Social and Cultural Rights Article 24 of the Convention on the Rights of the Child Article 5 of the Convention on the Elimination of All Forms of Racial Discrimination Article 12 & 14 of the Convention on the Elimination of All Forms of Discrimination Against Women Article XI (11) of the American Declaration on Rights and Duties of Man Article 25 of the Convention on the Rights of Persons with Disabilities
Monitoring of the Convention on the Rights of the Child
Article 43 establishes the Committee on the Rights of the Child. The Committee is a monitoring body of 10 experts who examining the progress that countries party to the Convention have made in realizing its provisions Once a year, the Committee submits a report to the General Assembly Parties must report to & appear before the Committee periodically
ICC funding
Assessed contribution from state parties, from govts, foundations, etc.
What the West did after 9/11
Australia, UK & European countries, restricted human rights; EU has been accused of facilitating rendition Many countries use terrorism prevention to crackdown on political opponents, separatists; or to advance unnecessarily restrictive or punitive policies against refugees, asylum-seekers and other foreigners following 9/11 E.g. Australia, Belarus, China, Egypt, Eritrea, India, Israel, Jordan, Kyrgyzstan, Liberia, Macedonia, Malaysia, Russia, Syria, US, Uzbekistan, Zimbabwe
Role of the US during Rwandan Genocide
Before the war, the US govt aligned itself with Tutsi interest; Hutus concerned about US support for the opposition Paul Kagame, a Tutsi officer in exile in Uganda, co-founded RPF; was in open conflict with the Rwandan govt, invited for military training at Fort Leavenworth Kansas In Oct '90, while Kagame was at Fort Leavenworth, the RPF started an invasion of Rwanda
US Connection to the Rwandan Genocide
2 days into the invasion, Kagame's friend/RPF co-founder Fred Rwigyema was killed; US arranged the return of Kagame to Uganda, there he became the RPF military commander Washington Post Aug 16, '97: RPF elements received counterinsurgency and combat training from US Special Forces US had no troop officially in Rwanda at the onset of the genocide A National Security Archive report points out 5 ways in which decisions made by the US government contributed to the slow US and worldwide response to the genocide
Universal Declaration of Human Rights
A 1948 statement in which the United Nations declared that all human beings have rights to life, liberty, and security.
Human Rights Committee
A committee established by the ICCPR to which states who signed the covenant had to report to on their progress to establish these rights. The body of independent experts that monitors implementation of the International Covenant on Civil and Political Rights by its State parties
Eugenics
A set of beliefs and practices which aims at improvising the genetic quality of the human population The study of or belief in the possibility of improving the qualities of the human species or human population, especially by such means as discouraging reproduction by persons having genetic defects or presumed to have inheritable undesirable traits (negative eugenics) or encouraging reproduction by persons presumed to have inheritable desirable traits (positive eugenics) Practiced in the US many years before eugenics programs in Nazi Germany which were largely inspired by previous American work During the 19th and 20th centuries, eugenics was considered a method of preserving and improving the dominant groups in the population; it is now generally associated with racist and nativist elements as the movement was to some extent a reaction to a change in emigration from Europe rather than scientific genetics
CIA's Enhanced Interrogation Techniques
Abdominal slapping Attention Grasp Cramped confinement Dietary manipulation Facial hold facial/insult slap nudity stress positions sleep deprivation wall standing walling water boarding water dousing
Post WWI and Nazi Influence (Uwanda)
After WWI, Belgium was given control over Rwanda and they increased the divide between the Hutus and Tutsis using eugenics Rather popular at the time (i.e. in Nazi Germany) between the two world wars
Optional protocols are there because it
Allow states parties to sign up to additional obligations relating to international monitoring of implementation (ICCPR-OP1, OPCAT) Allow states to sign up to additional obligations that were not included in the main treaty (ICCPR OP2) To address particular problems in more details (e.g. the 2 CRC optional protocols)
the concept of natural law was documented in
Ancient Greek philosophy, including by Aristotle
"...or political opinion..."
"Everyone has the right to freedom of opinion and expression..." (1948 Universal Declaration on Human Rights) broadly interpreted to involve any opinion on any matter in which the state is engaged the political opinion does not necessarily have to be expressed, and it does not have to be accurately attributed to the applicant for refugee status
Concept of Derogation (Art 4)
(1) In times of public emergency which threatens the life of the nation, States Parties may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination... (2) No derogation from art 6, 7, 8 (para 1 and 2), 11, 15, 16 and 18
Preamble
(n.) an introduction to a speech or piece of writing The States Parties to the present Covenant, considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world...
Libya
China and Russia abstained; subsequent military action by NATO resulted in mixed opinions Critics: Problems in Libya are best resolved among Libyans, and at the (African) regional level Security Council authorized Member States to take "all necessary measures" to protect civilians under threat of attack in the country, while excluding a foreign occupation force of any form on any part of Libyan territory NATO planes started striking at Gaddafi's forces NATO subsequently came under scrutiny for its behavior; that the intervention quickly moved to regime change and that aerial bombardments may have caused civilian causalities
Post-WWI Displacement & Early Forms of Refugee Protection
Collapse of empires and emergence of new states and institutions widespread displacement in Europe Early initiatives of international community recognized national/ethnic origin of the refugees and lack of protection in the country of origin/nationality Early refugees organization focused on returning refugees to countries of origin (repatriation)
CAT
Convention against Torture & Other Cruel, Inhuman or Degrading Treatment or Punishment monitored by CAT
the world's 1st charter of human rights
Cyrus Cylinder
The UNSC reaffirmed R2P in several resolutions; mentioned it in several country-specific resolutions
Darfur: Res 1706/2006; The first time the Security Council made official reference to the responsibility to protect was in April 2006 on the protection of civilians in armed conflict. The Council referred to resolution 1674 when passing resolution 1706 authorizing the deployment of UN peacekeeping troops to Darfur, Sudan
Difference between Torture Declaration and Torture Convention
Declaration is not legally binding, convention is legally binding.
Economic and Social Council (UN)
Established by the UN Charter, it's the principal organ that coordinates the economic, social and related work of the UN and the specialized agencies and institutions Voting in the Council is by simple majority; each member has one vote
Kenya
External intervention was quick France asked UNSC in January 2008 to react "in the name of the R2P" before Kenya plunged into a deadly ethnic conflict On December 31, 2007, UNSG expressed concern; on January 10, 2008, Annan accepted by both parties as the AU Chief Mediator Meditation led to the signing of a power-sharing agreement on February 28, 2008 Agreement established Kibaki/President and Odinga/PM Rapid and coordinated reaction by the International community was praised as "a model of diplomatic action under the R2P"
Myths about CEDAW in the US #5: The treaty will threaten single-sex schools & require "gender-neutral" textbooks
Facts: Single-sex schools are not prohibited by CEDAW Educational equality language refers to the need for equal educational facilities, texts, and other materials for girls and boys, whether they are taught in single-sex or co-ed schools
Structure of the ISESCR
Follows the structure of the UDHR and ICCPR, preamble, 31 articles, 5 parts Part 1 (Art 1) recognizes the right to self determination, including the right of all to freely determine their political status Part 2 (2-5) establishes the principle of progressive realization Part 3 (Art 6-15) List of Rights Part 4 (15-16) Reporting and monitoring Part 5 (26-31) Ratification
Ratification
Formal approval, final consent to the effectiveness of a constitution, constitutional amendment, or treaty State 1st signs, then ratifies
R2P in practice: Kenya
From Dec 7 - Jan 8, Kenya was swept by a wave of ethnic violence triggered by a disputed presidential election held On December 27, 2007 Mwai Kibaki was declared winner, sworn in as president a couple of hours later Announcement of the results triggered widespread and systematic violence; over 1,000 deaths and the displacement of over 500,000 civilians Clashes characterized by the ethnically targeted killings of people aligned with the 2 major political parties: the Orange Democratic Movement & Party of National Unity
Treaties are adopted by the
General assembly
Rwandan Genocide (Rape: role of women)
Genocidaires forced others to watch while women were raped Witness: I saw locals, other generals and Hutu men watching me get raped about 5 times per day Even when this witness was kept under watch of a woman, she would have no sympathy or help and forced to farm land in between rapes Many of the survivors were infected with HIV virus transmitted from the HIV-infected men who were recruited by the genocidaires
The Rwandan genocide spreading
Government had names and addresses of nearly all Tutsis (Every Rwandan had an ID that labelled them Tutsi, Hutu, or Twa) so, killers could identify and slaughter them; men, women, children murdered Most Tutsis killed by hand weapons, often machetes or clubs, bullets were expensive Many were often tortured before being killed Some Victims offered the option of paying for a bullet so that they'd have a quicker death PM killed; 10 Belgian UN peacekeepers who tried to protect the PM were killed; Belgium started withdrawing its troops
Human rights defined: Human -? Rights -?
Human: A member of the Homo sapiens species; a man, woman or child; a person Rights: things to which you are entitled or allowed; freedoms that are guaranteed In other words human rights are rights that you have simply because you are human
1st generation is protected by
ICCPR
2nd generation is protected by
ICESCR
Post WWII (Rwanda)
In 1946, Rwanda, then known as Rwanda-Urundi, became a UN trust territory, with Belgium as the administrative authority Under UN auspices, Belgian elite and King Mutara Rudahigwa, the Mwami at the time, started to integrate more Hutus into the administration The King also abolished the system of Ubuhake Some Tutsi elite were unhappy about this, because they assessed the situation as a threat to Tutsi rule
Origin of Responsibility to Protect
In We the Peoples: The role of the UN in the 21st Century, Kofi Annan (in 2000 as UN Sec Gen; formerly Assistant Sec Gen, Peace Keeping Operations) asked "If humanitarian intervention is seen an unacceptable assault on sovereignty, how should we respond to a Rwanda, to a Srebrenica - to gross & systematic violations of human rights that offend every precept of our common humanity
ICCPR
Int'l Covenant on Civil & Political Rights Monitored by the CCPR
ICERD
Int'l convention on the elimination of all forms of racial discrimination Monitored by the CERD
Regional Human Rights Systems
Inter-American, European, and African human right systems Regional meaning Continental 3 regional treaty based systems/adjudication/individuals under the auspices of IGOs: 1) OAS 2) Council of Europe 3) African Union Judicial/quasi judicial decision making bodies Inter-American court of HR/IA Commission on HRs European court of HRs/European Committee on SRs ACHPRs/African Court on H&PRs
The point of a signature is
It means there's a preliminary endorsement of the treaty It doesn't create a binding legal obligation It demonstrates a state's intent to examine the treaty domestically and consider ratifying it It means that they won't take steps that goes against the provisions of the convention
6 ICISS Criteria
Just cause Right intention Final resort Legitimate authority Proportional means Reasonable prospect
Principle of Habeas Corpus
Latin: "you may have the body" a writ (court order) provides that a person under arrest be brought before a judge or into court Ensures that a prisoner can be released from unlawful detention: detention lacking sufficient cause or evidence The remedy can be sought by the prisoner or his/her representative Origin: English legal system, important legal instrument safeguarding individual freedom against arbitrary state action
Case Study: Children & Tobacco in the United States
Law prohibits the sale of tobacco products to children they can legally work on tobacco farms Big Tobacco companies buy tobacco grown on US farms None have child labor policies protecting children from hazardous work 7-17 year old (90% of tobacco grown: NC, Kentucky, Tennessee, Virginia) Worked long hours without overtime pay Face extreme heat, insufficient breaks, little protective clothing
Fulfill: Positive obligations
Legislative, budgetary, admin and judicial actions
Men's Rights Movement (MRM)
MRM is part of the larger men's movement, branching off from the men's liberation movement in the early 1970s MRM is made up of a variety of groups & individuals who are concerned about what they consider to be issues of male disadvantage, discrimination & oppression Scholars considered the men's rights movement or parts of the movement to be a backlash to feminism Men's rights activists contest claims that men have greater power, privilege or advantage than women do Argument: women's movement has "gone too far" & harmed men, especially in areas related to child custody, child support & in division of marital assets during divorce
Torture definition
Mistreatment that doesn't meet the definition of torture is prohibited It affirms the right of every person not to be subjected to CIDT (being forced to stand spread eagled against the wall; subjected to bright light or blindfolding; continuous loud noise; sleep, food or drink deprivation, prolonged standing or crouching; or violent shaking, threats to loved ones Any form of physical treatment used to intimidate, coerce or break a person during an interrogation constitutes prohibited ill-treatment If these practices are intense, prolonged, or combined with other measures that result in severe pain/suffering, they may qualify as torture Actions which fall short of torture may still constitute CIDT under Art 16 Art 2: the prohibition is absolute & non-derogable See Art 2 (2 & 3) Torture cannot be justified as a means to protect public safety or prevent emergencies Neither can it be justified by orders from superior officers or public officials It's largely connected to agents of state using it to coerce information.
Outcome Document identifies to whom the R2P protocol applies
Nations 1st, regional and international community 2nd Since 2005, the UN has further developed the R2P doctrine Several resolutions, reports and debates have emerged through the UN forum
The Charter of the UN went into effect on
Oct 24, 1945, a date that is celebrated each year as UN Day
Genocide Emergence in International Law
On Dec 9, 1948, in the shadow of the Holocaust and largely due to Lemkin's tireless efforts, the UN adopted the Convention on the Prevention and Punishment of the Crime of Genocide it entered into force on 12 January 1941 It establishes genocide as a international crime, which signatory nations "undertake to prevent and punish"
2009 Secretary General's Report
On January 12, 2009, Secretary General Ban Ki-moon released a report: Implementing the R2P It was the 1st comprehensive UN Secretariat document on R2P Report led to a General Assembly debate in July 2009 At this debate UN Member States overwhelmingly reaffirmed the 2005 commitment & the Assembly passed a consensus resolution (A/RES/63/308) taking note of the Secretary-General's report
UN Committee on Economic, Social and Cultural Rights
One of the ten treaty bodies, it consist of 18 independent experts that monitors implementation of the International Covenant on Economic, Social and Cultural Rights by its States parties.
OP-CAT
Optional Protocol to the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment monitored by the SPT
Who coined the term genocide?
Polish Jewish Lawyer Raphael Lemkin (1900-1959) in a book documenting Nazi policies of systematically destroying national & ethnic groups, including the mass murder of European Jews He formed the word by combining geno- from the Greek word for race or tribe, with -cide from the Latin word for killing
Sources of International law for refugees
Primary sources: Treaties (the Refugee Convention, ICCPR, CRC, CAT, etc.), customary international law Subsidiary sources: general principles of law, judicial decisions in domestic and international courts and tribunals
International Court of Justice (ICJ)
Principal judicial organ of the UN, established in June 1945 by the UN Charter, started work in April 1946 Located at The Hague, it is only principal organ of the UN not situated in NY Has 15 judges, elected for terms of office of 9 years by the UNGA & the UNSC, official languages: English and French
Security Council Res 1674 (2006)
Reaffirms the provisions of paragraphs 138 & 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity
International bill of rights
Refers collectively to the UDHR, the ICCPR, and the ICESCR. Together, these three agreements form the core of the international human rights regime.
Precautionary principles
Right intention - is the main intention of the military action to prevent human suffering or are there other motives? Last resort - has every other measure besides military invention been taken into account? Are there reasonable grounds to believe that only military action would work in that situation? Proportional means - Are the minimum necessary military means applied to secure human protection? Scale duration, intensity of the intervention should be minimum Reasonable prospect - Is it likely that military action will protect human life, and are the consequences of this action sure not to be worse than no action at all? There must be reasonable chance of success in averting the suffering
Authorizing legal mechanism of ICC
Rome Statute
How did the world react to the Rwandan genocide?
Scholars: since Hutu moderates were killed in the early stages, maybe some countries thought it was more of a civil war rather than a genocide Others: World powers realized it was genocide but they didn't want to pay for the needed supplies and personnel to stop it No matter what the reason, shouldn't the world have stepped in and stopped the slaughter?
Mechanisms used by Treaty Bodies
Scrutinizing and commenting on reports produced every 4 years by states issuing general comments/general recommendations on particular issues in a treaty, e.g. freedom of expression in the ICCPR Adjudicating individual complaints on alleged breaches of rights under individual treaties, where an individual complaint mechanism exists adjudicating complaints of states regarding breaches by other states inquiries into serious/systematic treaty violations by state parties based on reliable information
Eugenics in Rwanda
Skull measurements showing larger brain size, greater height and lighter skin tomes all reaffirmed the Tutsis' superiority over the Hutus, by providing proof of their greater purity and closer ancestry to Europeans nhttps://www.youtube.com/watch?v=wcWRfxttOlk
Rwandan genocide (rape, killings...)
Soldiers of the Army for the Liberation of Rwanda, the Rwandan Defense Forces, incl. the Presidential Guard, and civilians committed rape against mostly Tutsi women Tutsi women main targets, moderate Hutu women raped; Hutu women married to Tutsis and Hutu women who hid Tutsis were targeted The UN Special Rapporteur's 1996 report: "Rape was the role and its absence the exception...Rape was systematic and was used as a weapon" by the perpetrators of the massacres
R2P: An emerging norm, which says
Sovereignty is not a right; states must protect their population from Mass Atrocity Crimes
Treaty Ratification Process
The President may form and negotiate, but the treaty must be advised and consented to by a two-thirds vote in the Senate. Only after the Senate approves the treaty can the President ratify it. Once it is ratified, it becomes binding on all the states under the Supremacy Clause.
4. Some Contemporary issues in Refugee Protection
The Refugee Regime in a Global Institutional Context Protracted Refugee Situations & Durable Solutions Expanding Protection/Broadening the Definition of a Refugee - Internal Displacement - Survival Migration - Climate Change Migration
If Phillip did some terrible things in Yemen and moved to Cuba before eventually moving to the UK what should the UK do?
The UK can't send him back to Cuba or the Yemen if Philip can reasonably prove that if he were to be sent back to Yemen, he would be tortured. This is prevented under Intenrational human rights. Cause of the torture
Sovereignty
The full right and power of a governing body to govern itself without any interference from outside sources or bodies Supreme power or authority; freedom from external control or controlling influence Key element in a legalistic sense is that of exclusivity of jurisdiction Autonomy, political & territorial independence of a state
World Health Organization's (WHO) definition of the right to health
The preamble of the WHO Constitution ('46) defines health broadly as "a state of complete physical, mental & social well-being & not merely the absence of disease or infirmity" "The enjoyment of the highest attainable standard of health" It enumerates some principle of this right: healthy child development; equitable dissemination of medical knowledge & govt-provided social measures to ensure adequate health The WHO Constitution, notably, marks the 1st formal demarcation of a right to health in international law
"Tutsi Cockroaches"
The ruling MNRD and other Hutu interest parties pinned the blame of the shooting on the Tutsi "cockroaches" They spread propaganda messages of Tutsi hate and Hutu power throughout the media This quickly instigated the Rwandan Genocide
Arusha Accords
The violence became so severe that both sides sign N'Sele Ceasefire Agreement in 1992 Despite this, widespread Tutsi killings in Rwanda continued during this time in locations such as Kibirira, Bigogwe, Bugesera, and Kibuye During this ceasefire, on August 4, 1993, the Arusha Peace Accord were ratified by both parties The accord stated that a transitional government would be instituted giving both the MRND and the RPF power It seemed as if peace had been brokered
UNHCR Mandate
Their mandate is the role and functions of the UNHCR as set forth in the UNHCR Statute and as elaborated in resolutions in the United Nations General Assembly. UNHCR's mandate as declared in its Statute is to provide international protection and seek permanent solutions for refugees. UNHCR has an additional mandate concerning issues of statelessness, as it is given a designated role under Article 11 of the 1961 Convention on the Reduction of Statelessness. The Office has also been requested by the General Assembly to promote the 1954 and 1961 statelessness Conventions, and to help prevent statelessness by providing to States technical and advisory services on nationality legislation and practices
Act of Signature
UN member states can elect to ratify or accede to a treaty or convention ratification or accession is a voluntary undertaken by a state to be bound by the terms of a treaty under international law
Authorizing legal mechanism of ICJ
UN members are parties to the ICJ (Art 93) Non-UN member states can become ICJ parties by ratifying the ICJ Statute
ICJ funding
UN-funded
human rights are
Universal, inviolable, inalienable
Three Durable Solutions
Voluntary repatriation: refugees are able to return to their home country because their lives and liberty are no longer threatened; Local integration: host governments allow refugees to integrate into the country of first asylum; and Resettlement in a third country: repatriation is unsafe and the first-asylum country refuses local integration
entry into force
When a treaty puts its legal bindings on its members, and each treaty has preconditions for this entry to start.
R2P & International Law
While R2P is a norm and not a law, it's firmly grounded in international law, especially the laws relating to sovereignty, peace and security, human rights and armed conflict R2P provides a framework for using tools that already exist, i.e. meditation, early warning mechanisms, economic sanctioning, and chapter VII powers, to prevent mass atrocities Particularly relevant are the UDHR, the 4 Geneva Conventions and 2 Additional Protocols, the CAT, the Genocide Convention, ICCPR & ICESCR, the Rome Statute of the ICC The emerging norm of human security played a large part in shifting the debate from territorial security towards the security of the people
Crimes against humanity
a deliberate act, typically as part of a systematic campaign, that causes human suffering or death on a large scale. it was first employed internationally in a 1915 declaration by the governments of Britain, France and Russia which condemned the Turkish government for the alleged massacres of Armenians as "crimes against humanity and civilization for which all members of the Turkish Government will be held responsible together with its agents implicated in the massacres" it's also considered a war crime
Status Freedom 1500 - 1700
a period of time where people move from status being to sole requirement for freedom to being one of it this period has feudalism, slavery.
Punishable Acts (Art 3)
a. genocide b. conspiracy to commit genocide c. direct and public incitement to commit genocide d. attempt to commit genocide e. complicity in genocide
First Generation: ICCPR
adopted Dec '66, entered into force '76 protect right to life, freedom of religion. speech, assembly, electoral rights, due process, fair trial monitored by the Human Rights Committee States report 1 year after accession/ratification and 4 yearly
Convention on the Elimination of All Forms of Discrimination Against Women
adopted and opened for signature, ratification and accession by General Assembly resolution 34/180 of 18 December 1979 entry into force 3 September 1981, in accordance with article 27(1)
Optional Protocol to the Covenant (ISESCR)
allows parties to recognize the competence of the Committee on Economic Social and Cultural Rights to consider complaints from individuals
Asylum seeker
an individual who is seeking international protection; someone whose claim has not yet been finally decided on by the country in which he or she has submitted it Not every asylum seeker will ultimately be recognized as a refugee, but every refugee is initially an asylum seeker
Magna Carta (1215)
arguably the most significant early influence on the extensive historical process leading to the rule of constitutional law in the English-speaking world In 1215, After King John of England violated a number of ancient laws and customs that England followed, his subjects forced him to sign the MC which listed what later came to be thought of as human rights it marked a crucial turning point in the struggle to establish freedom and democracy It marked the birth of English constitutional law which says that no Englishman can be deprived of his life or property without the fair judgement of his equal and no one can be put on trial without any credible witness to support his arrest
International Court of Justice (UN)
based in The Hague, principal judicial organ of the UN Established in '45 by the UN Charter Its role is to settle, in accordance with International law, legal disputes among states, provide advisory opinions on legal questions referred to it by UN organs and specialized agencies Has 15 judges, elected for 9-year terms by the GA and SC; English and French
ICC's establishment represents a major progress for
better implementation of international humanitarian law & a clear step forward in the battle against impunity Hence, for the Court to be truly effective, a very large number of States must ratify the Statute
US & Torture
biggest power to flaunt international law against torture in the post 9/11 world is the US US has often positioned itself as a defender of rights & used its clout to pressure other states to comply with international rights obligations, although selectively Since the US has openly been implicated in torture, other states are less likely to halt their own actions & indeed use it as an excuse
By the 15th century, the Tutsi had gained
complete rule, establishing a pyramid-style political structure, with the head being an Mwami, a king of supposedly divine origin They reigned for several hundred years Hutus who were wealthy enough were accepted as part of teh elite among the Tutsi, while poorer Hutus lived quite peacefully by themselves, provided they pay tax to the Mwami They also intermarried, blurring the ethnic line
The Tutsi upon their arrival to Rwanda were
conquerors despite their lack of numbers they were cattle-herding warriors, and they impressed their power upon the Bantu (and Twa) of the region
First generation "civil-political" rights
deal with liberty and participation in political life they're strongly individualistic and negatively constructed to protect the individual from the state they draw from those articulates in the US State Bill of Rights and the Declaration of the Rights of Man and Citizen in the 18th century Civil-political rights have been legitimized and given status in international law by Article 3 - 21 of the UDHR and the ICCPR
Self-determination
denotes the legal right of people to decide their own destiny in the international order it's a core principle of international law, arising from customary international law, but also recognized as a general principle of law, and enshrined ina number of international treaties, including the ICCPR recognized as a right of "all peoples."
Stateless person under national law,
does not have the legal bond of nationality with any State. Article 1 of the 1954 Convention relating to the Status of Stateless Persons indicates that a person not considered a national (or citizen) automatically the laws of any States, is stateless.
Ethnic cleansing is usually accompanied with
efforts to remove physical and cultural evidence of the targeted group in the territory through the destruction of homes, social centers, farms, and infrastructure and by the desecration of monuments, cemeteries and places of worship
United Nations High Commissioner for Refugee (UNHCR)
established as a subsidiary organ of the UN General Assembly Dual responsibilities: - providing international protection to refugees - assisting states in: conducting voluntary return to countries of origin and facilitating assimilation in new countries
The goal of the San Francisco conference was to
fashion an international body to promote peace and prevent future wars
Displacement refers to the
forced movement of people from their locality or environment and occupational activities. It is a form of social change caused by a number of factors, the most common being armed conflict. Natural disasters, famine, development and economic changes may also be a cause of displacement.
Charter Bodies include
former Commission on Human Rights, which has been replaced by the Human Rights Council (HRC)
Human rights include
free of expression and association voting and participation due process freedom from torture freedom from discrimination freedom of religion life and security health housing work education food social security reset and leisure
Freedom through status
freedom given to a very small group of people. Those who own land such as kings lasted from 1200 to 1500
"...membership of a particular social group..."
gender, sexuality, class, profession, HIV/AIDS, etc. What constitutes a group? international characteristics (How do I identify myself?) and external perceptions (How do others identify me?)
Cyrus the Great possibly the first to give people human rights
he freed all of his slaves, give his people the freedom to practice their religion his words was documented on the Cyrus Cylinder this spreads
civil rights may contain some aspect of
human rights as many of the rights in human rights bleed into civil rights.
Collective rights
human rights generally recognized to be exercisable by collective (or groups of individuals) and not reducible to the individual, including the right to self-determination, right to development, right to healthy environment
Other Contributions to Standard Setting
includes non-binding human rights instruments (soft law) may shape the practice of states, establish & reflect agreement of states Every year, the UNGA & HRC adopt dozens of resolutions & decisions dealing with human rights Some of these resolutions, sometimes called declarations, adopt specific standards on specific Human Rights that complement existing treaty standards; examples 1. the declaration on the human rights of individuals who are not nationals of the Country in which they live 2. The Guiding Principles on International Displacement 3. The UN Declaration on the Rights of Indigenous Peoples
Art 1 Right to self determination
includes right of states under foreign rule to freely govern themselves recognizes a negative right not to be deprived of means of subsistence, imposes an obligation on colonial powers to encourage and respect self determination
Ethnic cleansing has not been recognized as an
independent crime under international law
John Locke (1632-1704)
insisted that governments are formed to protect natural rights
each core treaty creates an
international committee of independent experts to monitor the implementation and compliance of its provisions existence and mandate derives from specific human rights treaties the institutions consider individual complaints; make general comments and recommendations
treaties are a primary source of
international law
Social + collective rights period 1900 - current time
internationalization of rights these human rights are being spread worldwide WW2 occurred and the United Nation was formed From the United Nation we got the Universal declaration of human rights
The ICC Prosecutor can initiate
investigations, or the Security Council can refer a case to the ICC, irrespective of location/nationality
The start of the Rwandan genocide
killings began in KIgali, spread to other places Interahamwe mounted road blocks, checked IDs and started killing all Tutsis Most of the killing was done with machetes, clubs or knives On April 7, Hutu extremists began purging the government of political opponents: Tutsis and Hutu moderates were killed
Domestic law
law that governs activity within a nation's borders
human rights are generally thought of as the most fundamental rights. they include the right to
life, education, protection from torture, free expression, fair trial many of these rights bleed into civil rights, but they are considered necessities of the human existence
Special Procedures' mandates usually call on
mandate holders to examine, monitor, advise and publicly report on human rights situations in specific countries or territories, known as country mandates, or on human rights issues on particular concern worldwide, known as thematic mandates All report to the HRC on their findings and recommendations and many also report to the General Assembly They are sometimes the only mechanism that will alert the international community to certain human rights issues, as they can address situations in all parts of the world without the requirement for countries to have had ratified a human rights instruments
International law
much like domestic law, it covers many topics such as security, diplomatic relations, trade, culture and human rights. it differs from domestic legal systems there;s not single legislature or single/supra-national enforcing institution can only be established with the consent of states it's primarily dependent on self-enforcement by those same states and enforcement by means of individual or collective actions of other states
law categories
natural and positive law, they're not dynamically
Is the ICC (International criminal court) superior to national court?
no, it's not intended to take over the role of national courts, it exercises jurisdiction only when the state is unwilling or genuinely unable to prosecute States continue to have the primary duty to prosecute suspected war criminals in domestic courts
soft law
non-legally binding commitments made by parties
ICJ Appeals
none, it's binding upon the parties. Security Council may review, recommend and decide upon enforcement
3rd generation is protected by
nothing really. just by a bunch of soft laws
two category of optional protocol
procedural, substantive (Where it adds a substantial amount of new things)
soft law refers to
quasi-legal instruments which do not have any legally binding force, or whose binding force is somewhat weaker than the binding force of traditional law, often contrasted with hard law
1951 Convention Relating to the Status of Refugees (a.k.a. the Refugee Convention)
ratified by majority of UN member states defines a refugee lays out basic standards of treatment
Contrast positive
reasonable standard of living can not be changed simply by a new decree
Human rights entail both
rights and obligations
Women's rights
rights that promote a position of legal and social equality of women with men.
Self-determination exist on a
spectrum
What does human right to health care mean?
that hospitals, clinics, medicines, and doctors' services must be accessible, available, acceptable, and of good quality for everyone, on an equitable basis, where and when needed
Hutu were the indigenous peoples of
the current Rwanda, Burundi and DRC
Typology's usefulness
the framework contains room to debate many of the key issues about the nature of rights it encourages us to take a critical approach in challenging our own assumptions about rights as we consider some of the real-world problems involved in the application of human rights
Internal displacement
the involuntary movement of people inside their own country, due to various causes, including natural or human-made disasters, armed conflict, or situations of generalized violence
Civil rights can be though of as the agreement between
the nation, the state, and the individual citizens
cultural relativism
the practice of judging a culture by its own standards and not your own example: judging one culture for not eating a certain thing
The right to health
the right to access to health facilities, goods and services, to healthy occupational and environmental conditions and protection against epidemic diseases, and rights relevant to sexual and reproductive health
civil rights
the rights of citizens to political and social freedom and equality. by virtue of a legal grant of that right, such as the rights granted US citizens by the US constitutions
Resettlement
the transfer of refugees from the country in which they have sought refuge to another State that has agreed to admit them. The refugees will usually be granted asylum or some other form of long-term resident rights and, in many cases, will have the opportunity to become citizens. However, the number of resettlement places offered by States has not significantly increased over the years
Reservation and understanding
theses are statements made by state parties at the end of a convention, which limit some of their obligations under the convention's terms Countries have made reservations to specific articles in conventions where the requirement of the article conflicts with an area of domestic law
Internal self-determination refers to
various political and social rights
Civil rights are rights that one enjoys by
virtue of citizenship in a nation or state in the US: they're protected by the US and State Constitutions
Prohibition of propaganda for
war, national or religious hatred that constitutes incitement to discrimination, hostility or violence by law (20)
The UPR was established
when the HRC was created on 2006 by the UN General Assembly Mandate: to "undertake a universal periodic review, based on objective and reliable information, of the fulfillment by each State of its human rights obligations and commitments in a manner which ensures universality of coverage and equal treatment with respect to all States" On June 18, 2007, HRC members agreed on a road map guiding the future work of the Council. One of the key elements of this package was the new UPR
Right Authority
which institution will authorize action? UNSC: make it more effective Security authorization to be formally sought prior to any intervention by 1) those calling for intervention 2) SC can take the initiative 3) Sec Gen can raise it under Art 99 of the UN Charter SC should act promptly, seek adequate verification of facts and conditions justifying military intervention
soft law uses
while it's not binding in a legal sense, it does carry some authority as their instruments are negotiated in good faith by the negotiating parties who expect that the non-binding commitments will be met as much as reasonably possible their statements often contain aspirational language that inspire reliance on them to improve policy-making in areas such as the environment, development and human rights
ratification, accession, succession
you sign and then take on the treaty you take on the treaty, skipping the signature if you're part of a larger country and it fell apart, the new government will take on the previous country responsibility for the treaty
"...for reasons of race..."
"...race, color, descent, or nationality or ethnic origin..." (1966 Convention on the Elimination of All Forms of Racial Discrimination) Ugandan citizens of Asian origin (1972); Burundi citizens of the Hutu tribe (1972); Vietnamese citizen of Chinese ethnic origin (post-1975); and apartheid South Africa But what is discrimination? How severe does ti have to be to make an individual qualify for refugee status?
Article 1 (2) of the Protocol Relating to the Status of Refugees (1967)
"...the term 'refugee' shall...mean any person within the definition of Article 1 of the Convention as if the words 'As a result of events occurring before 1 January 1951 and...' and the words 'as a result of such events', in Article 1 A(2) were omitted."
Humanitarian Intervention
"A state's use of military force against another state when the chief publicly declared aim of that military action is ending human rights violations being perpetrated by the state against which it is directed." "The treat or use of force by a state, group of states, or international organization primarily for the purpose of protecting the nationals of the target state from wide-spread deprivations of internationally recognized human rights."
"...religion..."
"Everyone shall have the right to freedom of though, conscience and religion." (International Covenant on Civil & Political Rights) Jews under Nazi regime; Jehovah's Witnesses in Africa; Muslims in Burma Encompasses theistic, non-theistic and atheistic beliefs What does the right to freedom of thought, conscience and religion means? What are the limitations?
Article 1 (2) of the Refugee Convention defines a refugee as someone who...
"[a]s a result of events occurring before 1 January 1951 and owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country..."
ICC's definition of war crimes
"serious violations of the laws and customs applicable in international armed conflict... and serious violations of the laws and customs applicable in an armed conflict not of an international character"
Concept of Derogation (Art 22)
(1) Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interest (2) No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others
4 Core Protection (General Principles) for the Convention on the Rights of the Child
(Art 2) Non-discrimination: that all rights guaranteed by the UNCRC must be available to all children without discrimination of any kind (Art 3) Best interest of the child: that the best interests of the child must be a primary consideration in all actions concerning children (Art 6) Right to life, survival & development: that every child has the right to life, survival and development (Art 12) Views of the child: that the child's view must be considered and taken into account in all matters affecting him or her
UPR will assess the extent to which States respect their human rights obligations set out in
1 the UN Charter 2 the UDHR 3 human rights instruments to which the State is party (Human rights treaties ratified by the State concerned) 4 voluntary pledges and commitments made by the State (e.g. national human rights policies and/or programs implemented); 5 applicable international humanitarian law
19th Century Rwanda brought 2 factors that increased racial tensions between the Hutus and Tutsis
1) colonization 2) land redistribution the land problems created a system of patronage known as Uburetwa or Ubuhake: "to work for access to land" the implementation of this system made the Hutus who were not part of the nobility serfs work on the land The relationship between the Tutsi and the Hutu started to descend to crude lord-vassal interactions at this point in history, and the arrival of the German colonists in the late 1800's served to add to the problem, as they endorsed the Tutsis' power over the Hutus The colonists did a lot of engender the future tensions between the two groups perhaps their worst contribution was race science
State reviews are base don
1) information provided by the State under review, which can take the form of a "national report" 2) information contained in the reports of independent human rights experts and groups, known as the Special Procedures, human rights treaty bodies, and other UN entities; 3) information from other stakeholders including national human rights institutions and NGOs
Classification of human rights
1. Civil and political rights (protection against abuses of power) 2. Economic, social and cultural rights (enable the individual to live a decent life and to meet his/her essential needs) 3. Collective rights (for groups, not individuals)
10 core international instruments (include 1 optional protocol)
1. ICERD Int'l convention on the elimination of all forms of racial discrimination Date: 21 Dec 1965, Monitoring body: CERD 2. ICCPR Int'l Covenant on Civil and political rights Date: 16 Dec 1966 Monitoring body: CCPR 3. ICESCR Int'l Covenant on Economic, Social and Cultural Rights Date 16 Dec 1966 monitoring body: CESCR 4. CEDAW Convention on the Elimination of All Forms of Discrimination against Women Date 18 Dec 1979 Monitoring body: CEDAW 5. CAI Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Date 10 Dec 1984 Monitoring body: CAI 6. CRC Convention on the Rights of the Child Date 20 Nov 1989 Monitoring body: CRC 7. ICMW International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families Date 18 Dec 1990 Monitoring body: CMW 8. CPED International Convention for the Protection of All Persons from Enforced Disappearance Date: 20 Dec 2006 Monitoring body: CED 9. CRPD: Convention on the Rights of Persons with Disabilities Date: 13 Dec 2006 Monitoring body: CRPD 10. OP-CAT Optional Protocol to the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment Date 18 Dec 2002, Monitoring Body SPT
Article 38 ICJ Statute
1. The Court, whose function is to decide in accordance with International law such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states b. international customs, as evidence of a general practice accepted as law c. the general principles of law recognized by civilized nations d. subject to the provisions of Article 59, judicial decisions & teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law
Article 49
1. The Covenant shall enter into force three months after the date of the deposit with the Secretary-General of the UN of the 35th instrument of ratification or instrument of accession 2. For each State ratifying the present Covenant or acceding to it after the deposit of the 35th instrument of ratification or instrument of accession, the present Covenant shall enter into force 3 months after the date of the deposit of its own instrument of ratification or instrument of accession
4 specific crimes that fall under the umbrella of atrocity
1. genocide 2. crimes against humanity 3. war crimes 4. Ethnic cleansing
Sources of International law
1. international conventions, treaties, agreements 2. int. customary rules: int. commerce, fair trade, neutrality in case of war 3. general principles of law recognized by civilized nations; subsidiary means for the determination of rules of law 4. other contributions to standard setting
Civil-political human rights include two subtypes
1. norms pertaining to physical and civil security (e.g., no torture, slavery, inhumane treatment, arbitrary arrest; equality before the law) 2. norms pertaining to civil-political empowerment (e.g. freedom of thought, conscience, and religion; freedom of assembly and voluntary association; political participation in one's society)
socio-economic human rights include 2 subtypes
1. norms pertaining to the provision of goods meeting social needs (e.g. nutrition, shelter, health care, education) 2. norms pertaining to the provision of goods meeting economic needs (e.g. work and fair wages, an adequate living standard, a social security net)
ICISS obligations
1. responsibility to prevent: addressing root causes of internal conflict perhaps the most important obligation 2. responsibility to react: responding to situations of compelling human need with appropriate measures: could include sanctions, prosecutions or military intervention 3. responsibility to rebuild: providing full assistance with recovery, reconstruction and reconciliation
Principles of Refugee Protection
1. right to flee and to seek asylum 2. nonrefoulement 3. nondiscrimination 4. legal protection 5. international cooperation 6. solutions
Collective human rights include 2 subtypes:
1. the self-determination of peoples (e.g. to their political status and their economic, social and cultural development) 2. certain special rights of ethnic and religious minorities (e.g. to the enjoyment of their own cultures, languages, and religions
What qualifies someone as a refugee
1. they have been forced out of their country of origin or nationality 2. they have been forced out because of a fear of persecution 3. their fear of persecution is based on particular grounds 4. they lack the protection of a state
list of war crimes
1. willful killing 2. torture or inhuman treatment, including biological experiments 3. willfully causing great suffering or serious injury to body or health 4. extensive destruction or appropriation of property, not justified by military necessity and carried out unlawfully and wantonly 5. compelling a prisoner of war or other protected person to serve in the forces of a hostile power 6. willfully depriving a prisoner of war or other protected person of the rights of a fair and regular trial 7. unlawful deportation or transfer 8. unlawful confinement 9. taking of hostages
10 treaty bodies
1.Human Rights Committee (CCPR) 2.Committee on Economic, Social & Cultural Rights (CESCR) 3.Committee on the Elimination of Racial Discrimination (CERD) 4.Committee on the Elimination of Discrimination against Women (CEDAW) 5.Committee against Torture (CAT) 6.Subcommittee on Prevention of Torture (SPT) 7.Committee on the Rights of the Child (CRC) 8.Committee on Migrant Workers (CMW) 9.Committee on the Rights of Persons with Disabilities (CRPD) 10.Committee on Enforced Disappearances (CED)
Tobacco Hazard for Children
11 year old in summer, to support their families, mostly Hispanics Face acute nicotine poisoning Girl, 16, Kentucky. "You want to throw up. And you drink water because you're so thirsty, but the water makes you feel worse. You throw up right there when you're cutting [tobacco plants], but you just keep cutting
Tutsis are about ____% of the population
15
Genocide, Crimes against Humanity, War crimes are legally defined in various international legal documents, such as
1948 Convention on the Prevention and Punishment of the Crime of Genocide, the 1949 Geneva Conventions and their 1977 Additional Protocols, and the 1998 Rome Statute of the ICC
Civil War: Precursor to Genocide
1978: Habyarimana introdudced a new constitution that entrenched MRND as the sole political party, banning all other parties In direct response, in 1979 Rwandan Tutsi exiles in Kenya formed RANU (Rwandan Alliance for National Unity) which supported the struggle against the MNRD in Rwanda In 1987, RANU was renamed RPF (Rwandan Patriotic Forces) In 1990, RPF began an armed struggle against the MNRD, starting the Rwandan Civil War, a precursor to the genocide
the term ethnic cleansing surfaced in the context of the
1990's conflict in the former Yugoslavia and has been used in resolutions of the UNSC and the GA Notably, the term has been acknowledged in judgement and indictments of the International Criminal Tribunal for the Former Yugoslavia, although it did not constitute one of the counts for prosecution
ICCPR: 2 optional protocols
1st optional protocol establishes an individual complaints mechanism, allowing individuals to complain to the HRC about violations of the Covenant 2nd optional protocol abolishes the death penalty; but permits countries to make a reservation allowing for use of death penalty for the most serious crimes of a military nature, committed during wartime
3 Optional Protocols of the Convention on the Rights of the Child
2 OPs adopted in 2000; 1st restrict the involvement of children in military conflicts 2nd prohibits the sale of children, child prostitution & child pornography Both ratified by >150 states A 3rd OP relating to communication of complaints adopted in 2011, opened for signature in '12, entered into force in 2014
Slippery Slope Concept
A course of action that seems to lead inevitably from one action or result to another with unintended consequences A small event that leads to a chain reaction of events with unintended consequences that were unforeseen at the time of the inciting event A dangerous and irreversible course A situation in which some behavior or action will eventually lead to a worse form of the same behavior or action, or a disastrous outcome An idea which will lead inevitably to something unacceptable, wrong or disastrous.
According to the Convention (and Protocol), who is a refugee?
A refugee is any person who "...owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country..."
War on Terror
A term applied to an international military campaign following 9/11 Started with the campaign to eliminate al-Qaeda & other militant organizations NATO & other nations such as Pakistan participate in the campaign 1st used by George W. Bush on September 20, 2001 The Bush admin & the Western media have used the term to allege a global military, political, lawful & conceptual struggle - targeting organizations designated as terrorist & regimes accused of supporting them It was typically used with a particular focus on countries supporting militant Islamist The term is still commonly used by politicians, in the media and by some sections of government
African Regional Human Right System
ACHPRs may decide complaints against 53 AU states (parties) African court on Human & People's Rights: decides cases against 26/accepted its jurisdiction
ISESCR: Introduction
Adopted '66, entered into force '76 Commits parties to work toward granting Economic, social rights to colonies Status: Signatures 70, Parties 162, the US signed Monitored by the CESCR
Torture and Slippery Slope
Allowing torture even in exceptional circumstances can become routine practice Scenario ignores the fact that it may be possible to garner life-saving information from terrorists without resorting to such morally abhorrent and illegal methods. The motivation for the War in Iraq based on evidence given by Ibn al-Libi, captured after 9/11 & flown to Egypt under extraordinary rendition to be tortured for intelligence gathering Intelligence the CIA obtained through torture included assertions that Al-Qaeda were learning to make biological & nuclear weapons, or WMD in Iraq This info proved to be false, proving that intelligence gained under torture is unreliable
Extraordinary Rendition
Also known as irregular rendition or forced rendition, it is the government sponsored abduction and extrajudicial transfer of a person from one country to another that has predominantly been carried out by the US government with the consent of other countries In other words, it is the secret or forcible rendition of a suspected criminal to another country, known to violate human rights and due process
Optional protocol for torture
An OP was adopted on Dec 18, 2002; entered into force in 2006, establishes a system of regular visits by international & national bodies to places of detention in order to prevent torture & other CIDT or punishment A subcommittee on Prevention or Torture & Other Cruel, Inhuman or Degrading Treatment or Punishment has been set up to carry out such visits & to support States parties & national institutions in performing similar functions at the national level
CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women)
An international bill of rights for women, came into force on September 3, 1981 Not ratified by: Iran, NAuru, Palau, Somalia, Tonga, US, Vatican City
CEDAW defines discrimination against women as
Any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men & women, of HRs & fundamental freedoms in the political, economic, social, cultural, civil or any other field
Principle of progressive realization
Art 2 (1) Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures Acknowledges that some rights (e.g. health) may be difficult to achieve in a short period and because of resource constraints, but requires state to act as best they can within their means
Ban on Refoulment
Art 3 prohibits parties from returning, extraditing or refouling any person to a state where there are substantial grounds for believing that he would be in danger of being subjected to torture CAT has held that this danger must be assessed not just for the initial receiving state, but also to states to which the person may be subsequently expelled, returned or extradited
Internationally accepted classification of sources of International Law is formulated in
Article 38 of the ICJ Statute ICJ being International Court of Justice
Battle of Mogadishu (Black Hawk Down Oct 93)
Between US forces supported by UNOSOM II on one hand and Somali militiamen loyal to the Somali president to be Mohamend Farrah Aidid + armed militia on the other US forces attempted to seize 2 of Aidid's top aides Shortly after the assault began, the Somalis shot down 2 US UH-60 Black Hawk helicopters Subsequent operation to secure and recover the crews of both helicopters drew the raid, meant to least 1 hour Dragged into an overnight standoff in the city, significant US causalities: 18 deaths, about 80 wounded, 1 helicopter pilot captured among the US raid party and rescue forces
Tobacco Lack of legal protection
Boy, 12, NC "It [headache] was horrible. It felt like there was something in my head trying to eat it." Acute nicotine poisoning Green Tobacco Sickness occurs when workers absorb nicotine through their skin while handling wet tobacco plants Symptoms: Nausea, vomiting, headaches, dizziness 12 year olds can be hired for unlimited hours outside school hours on a farm of any size with parental permission, no minimum age for children to work on small farms
Independence Movement (Rwanda)
By 1954, the King wanted complete independence and an end to Belgian occupation During the independence movement, under the influence of the Roman Catholic Church, a Hutu Catholic Gregoire Kayibanda published the Hutu Manifesto which demanded that political authority be granted to the Hutu majority when the Belgians leave This was the basis for the ideology of Hutu Power during the genocide. The Church further encouraged Kayibanda and his associates to form political parties that championed Hutu interests: APROSOMA and RADER
Non-state actors
CEDAW transcends the scope of other rights treaties in its commitment to addressing discrimination by non-State actors, incl. individuals & organizations In preamble makes a commitment to supporting women's rights in the private spheres of women's lives: "a change in the traditional role of men as well as the role of women in society & in the family is needed to achieve full equality." CEDAW recognizes the influence of culture and tradition in restricting women's enjoyment of rights. Art 2 refers to "customs & practices which constitute discrimination"
CEDAW Definition of Discrimination
CEDAW's expansive definition of discrimination is its cornerstone Building on the goal of eliminating discrimination, CEDAW identifies various realms in which women face heightened levels of discrimination and proposes means by which discrimination in these realms can be overcome Arts 2-16 spell out measures and policies that countries shall undertake to achieve the goal of eliminating discrimination
Senate Report: Examples of Tortures
CIA force fed some prisoners orally and/or anally in order to establish total control over them 5 CIA detainees were subjected to rectal rehydration or rectal feeding without documented medical necessity 1 prisoner was diagnosed with chronic hemorrhoids, an anal fissure & symptomatic rectal prolapse symptoms normally associated with a violent rape CIA officials conducted rectal exams of at least 2 prisoners with "excessive force." Threats to rape & murder were made against the children or family members of prisoners A prisoner died from hypothermia during interrogation 4 prisoners with leg injuries (broken feet, sprained ankle; 1 with an amputated leg) forced to stand on their injuries Prisoners were threatened with death: 1 prisoner was told that he would be allowed to leave only in a coffin 1 prisoner threatened with a gun and power drill 2 prisoner were victims of "mock executions" Several prisoners almost died and became completely unresponsive or nearly drowned during waterboarding Interrogators would force prisoners to stand with their hands over their heads for 2.5 days, putting a pistol next to their head & bathing them with a stiff brush 1 detainee was subjected to "ice water baths" & 66 hours of standing & sleep deprivation; later released on grounds of mistaken identity Torture of prisoners led to serious mental harm (e.g. dementia, paranoia, insomnia, suicide attempts) The CIA often tortured suspects before evaluating whether they would be willing to cooperate 1 detainee was tortured for months based on false accusations made by an informant 1 prisoner was placed in a box the size of a coffin for over 11 days Prisoners were forced to use buckets for toilets As punishment, the waste bucket would not be removed from a prisoner's cell Individuals faced sensory deprivation i.e., constant noise, no talking, darkness, with guards wearing a light on their head when they collected & escorted a detainee to an interrogation cell, detainees constantly being shackled to the wall or floor & the starkness of each cell (concrete & bars)
ethnic cleansing
Process in which more powerful ethnic group forcibly removes a less powerful one in order to create an ethnically homogeneous region
International Commission on Intervention & State Sovereignty (ICISS)
Canadian government established this in September 2000 in response to Kofi Annan's question Feb 2001, ICISS' 3rd meeting in London, Gareth Evans (Australian FM), Mohamed Sahnoun (Algerian diplomat) and Michael Ignatieff (Canadian politician) suggested hte phrase "Responsibility to Protect" Idea: to avoid the "right to intervene" or "obligation to intervene" doctrines & yet keep a degree of duty to act to resolve humanitarian crises
US had prior knowledge to the Rwandan genocide
Clinton admin aware before the height of the massacre that a "final solution to eliminate all Tutsis" was planned Fear of a repeat of the events in Somalia shaped US policy; key reason behind the US failure to intervene Former envoy to Somalia, Walter Clarke: "The ghosts of Somalia continue to haunt US policy. Our lack of response in Rwanda was a fear of getting involved in something like a Somalia all over again." President Clinton later referred to the failure of the US government to intervene as one of his main foreign policy failings: "I don't think we could have ended the violence, but I think we could have cut it down. And I regret it."
Tobacco What needs to be done
Companies should prohibit children from engaging in all tasks that pose risks to their health & safety including nicotine exposure Companies should establish effective internal & 3rd party monitoring of labor policies
Inter-American
Contentious cases involving state parties to the American Convention on HRs & those countries who recognizes the IA Court's jurisdiction (21)
Other legally-binding instruments relating to the Convention on the Rights of the Child
Convention on the Civil Aspects of International Child Abduction, 1980 Convention on the Protection of Children & Cooperation in Respect of Inter-Country Adoption 1993 & its 1994 Recommendation concerning the application to refugee children & other internationally displaced children Convention on Jurisdiction, Applicable Law, Recognition, Enforcement & Co-operation in respect to parental Responsibility & Measures for the Protection of Children 1996 African Charter on the Rights and Welfare of the Child, 1990 ILO Conventions No. 182 (Worst Forms of Child Labor), 1999, and No. 138 (Minimum Age), 1973
CEDAW
Convention on the Elimination of All Forms of Discrimination Against Women Monitored by CEDAW
CPRD
Convention on the Rights of Persons with Disabilities monitored by the CRPD
CRC
Convention on the Rights of the Child, monitored by the CRC
Security Council on Libya
Deplored "the gross and systematic violation of human rights" in strife-torn Libya, the SC demanded an end to the violence, "recalling the Libyan authorities' responsibility to protect its population," & imposed a series of international sanctions The Council referred the situation to the ICC; demanded immediate ceasefire including end to civilian attacks, which may constitute Crimes Against Humanity Resolution: passed with 10 in favor, 0 against and 5 abstentions
ICCPR (International Covenant on Civil and Political Rights) History/Context
Difference on negative Civil and political rights as well as ESC rights treaty split into 2, similar provisions including self determination 2 opened for signature simultaneously ICESCR adopted shortly before ICCPR structurally similar to UDHR and ICESCR Preamble, 53 articles
When will States have their records reviewed?
During the 1st cycle, all UN Member States have been reviewed, with 48 States reviewed each year The 2nd cycle, which officially started in May 2012 with the 13th session of the UPR Working Group, will see 42 States reviewed each year The reviews take place during the sessions of the UPR Working Group which meets 3 times a year The order of review remains the same as in the first cycle and the number of States reviewed at each session is now 14 instead of 16
How reviews are adopted
During the Working Group session half an hour is allocated to adopt each of the "outcome reports" for the States reviewed that session these take place no sooner than 48 hours after the country review the reviewed State has the opportunity to make preliminary comments on the recommendations choosing to either accept or note them. Both accepted and noted recommendations are included in the report After the report has been adopted, editorial modification can be made to the report by States on their own statements within the following 2 weeks it will then be adopted at a plenary session of the HRC During the session, the State under review can reply to questions and issues that were not sufficiently addressed during the Working Group and respond to recommendations that were raised by States during the review Time is also allotted to member and observer States who may wish to express their opinion on the outcome of the review and for NHRIs, NGOs and other stakeholders to make general comments The State has the primary responsibility to implement the recommendations contained in the final outcome the UPR ensures that all countries are accountable for progress or failure in implementing these recommendations During the 2nd review the State is expected to provide information on what they have been doing to implement the recommendations made during the 1st review as well as on any developments in the field of human rights
Death of the King (Rwanda)
During this time of political upheaval (50s), the King mysteriously died in Bujumbura Speculation: the Belgians were involved in his death His half brother, King Kigeli V Dahindurwa succeeded him 3rd political party, Pamahetu formed under the direction of the Catholic church, by proponents of independence, were also openly anti-Tutsi Full meaning of Parmahetu: Hutu Emancipation Movement Party
Outcome Document Paragraph 138
Each State has the responsibility to protect its populations from mass atrocity crimes This responsibility entails the prevention of such crimes, including their incitement The international community should encourage and help States to exercise this responsibility and support the UN in establishing an early warning capability
CEDAW measures against discrimination
Embodying the principle of equality in constitutions or legislation Repealing discriminatory penal codes Adopting "temporary special measures" for women Ensuring equal access to education, employment & health care Giving women the right to undertake financial and other transactions in their own name Protecting the special needs of women in developing countries
Rights of the child background
Etymologically, the term child comes form the Latin infas, meaning the one who does not speak For the Roman, this term designates the child from the birth to the age of 7 This notion evolved considerably through centuries/cultures to eventually designate human being from birth until adulthood But this conception of the child was broad & the age of the majority varied from a culture to another
What has history got to do with Genocide?
Examining the history of the Hutu-Tutsi relationship provide a good understanding of factors leading to the Rwandan Genocide Western Scholars: The unique culture of the old cattle-herding warriors of the southern Ethiopian highlands, the Cushite, led to hundreds of years of Tutsi tyranny over the indigenous Hutus, creating a lingering resentment among them, causing racial tensions that eventually led to the Genocide However, it would be far better, more accurate and succinct to conclude that the Rwandan Genocide was the direct result of the negative influences of European colonists on Rwanda The Europeans introduced race science, manipulated the Tutsi elite into the oppression of the Hutu, and thus created a lingering resentment within the Hutu The Europeans helped the Hutu usurp power from the Tutsi and conveniently exited country, permitting the establishment of a regime of Hutu power, with frequent massacres of Tutsi This combined with Tutsi rebellions, culminated in the Rwandan Genocide Analyzed carefully, it is clear that the relationship of the Hutus and Tutsis were nowhere as strained before the European colonists arrived Despite the Hutus being subservient, their relationship with the Tutsi was relatively comfortable. The colonists were the factor that soured the relationship, leading to the Rwandan genocide
Myths about CEDAW in the US #4: CEDAW supports abortion through its promotion of access to "family planning"
Fact: CEDAW does not address the matter of abortion US State Department, has in the past said CEDAW is "abortion neutral"
Myths about CEDAW in the US #3: CEDAW will be used to destroy the traditional family structure in the U.S. by redefining "family" and the respective roles of men and women, or could be used to usurp the proper role of parents in child rearing
Fact: CEDAW does not seek to regulate any constitutionally protected interests with respect to family life. CEDAW and the US Constitution recognize the restraints of any governing authority to interfere with an individual's most basic decisions regarding family. CEDAW simply urges State Parties "to adopt education and public information programs, which will eliminate prejudices and current practices that hinder the full operation of the principle of the social equality of women."
Myths about CEDAW in the US #6: U.S. ratification of CEDAW might be used to sanction same-sex marriages
Fact: CEDAW makes clear that it is not aimed at all sex-based discrimination, but only at discrimination that is directed specifically against women A same-sex marriage claim would include a charge that both men and women who want to marry individuals of their own sex are discriminated against There is no provision in CEDAW that would compel the U.S. Congress to pass same-sex marriage law in order to comply
Myths about CEDAW in the US #2: "Discrimination" is too broadly defined in CEDAW; its implementation in the U.S. would result in unwise law and "frivolous" lawsuits.
Fact: Flurry of frivolous lawsuit is unlikely. CEDAW's definition of discrimination includes both discrimination that is intentional and that which is the result of laws, policies, and practices. US law already governs discrimination in public and private employment, prohibiting policies and practices that unintentionally burden women more than men. Regardless, claims in the US related to sex discrimination are not subjected to the same "strict scrutiny" standards applied to claims of race discrimination
Myths about CEDAW in the US #7: The treaty will require legalization of prostitution
Fact: The CEDAW Committee has called for the decriminalization of prostitution in specific countries such as China, where prostitution and trafficking in women and children are rampant, not for all countries. Regulation in those countries would allow victimized women to come forward without fear of repercussions, to seek treatment to prevent HIV/AIDS and other sexually transmitted infections, to obtain health care and education, and to combat trafficking and sex slavery
Myths about CEDAW in the US #1: U.S. ratification would give too much power to the international community with the provisions of the Convention superseding U.S. federal and state law
Fact: treaties adopted in the US are not "self-executing." They require legislation like other bills Opporunity for "reservations, understandings and declarations" US constitution generally complies with the requirement of CEDAW CEDAW grants no enforcement authority to the UN
U.S. Bill of Rights
First ten amendments to the Constitution guaranteeing individual liberties and due process of law.
Role of the Media during the Rwandan Genocide
For years, the Hutu extremists controlled Kangura newspapers, which had been spouting hate Dec '90, the paper published "the 10 Commandments for the Hutu" stating: - any Hutu married, did business with a Tutsi is a traitor; - All strategic positions and the entire military must be occupied by Hutus - Hutu must stand by other Hutu and stop pitying the Tutsi When RTLM (Radio Television des Milles Collines) began broadcasting on July 8, '93, it spread hate Hate on RTLM was designed to appeal to the masses by offering popular music and broadcasts conducted in a very informal, conversational tones. Once the killings started, RTLM went beyond just espousing hate; they took an active role in the slaughter RTLM called for the Tutsi to "cut down the tall trees," a code phrase which meant for the Hutu to start killing the Tutsi. During broadcasts, RTLM often referred to Tutsis as inyenzi (cockroach), told Hutu to "crush the cockroaches" Many RTLM boradcasts named specific individuals to be killed, where to find them, home, work, addresses, known hangouts. After being killed, RTLM announced their murders on air RTLM used to incite the average Hutu to kill, if a Hutu refused to participate in the slaughter, members of the Interahamwe would give them a choice--either kill or be killed
Gregoire Kayibanda
Gregoire Kayibanda's successful campaign brought the majority Hutu to power for the 1st time in Rwanda Newly 'democratized' Rwanda held an election in 1960, believed to have been rigged by the Belgians Kayibanda (Parmehetu's leader) won, became the Prime Minister of the provisional government On Sep 25 UN held a referendum that determined that the monarchy should be abolished, ending the reign of the Tutsi Mwami This gave the Hutus the position of power through Kayibanda, the new President and PM In 1962, Belgium left and officially, Rwanda was declared an independent state
Non-derogable rights
Groups of Rights that can never be restricted: Art 4 (2) Freedom from arbitrary deprivation of life torture and ill-treatment slavery imprisonment for debt retroactive penalty non-recognition of the law freedom of though, conscience or religion
2nd Dimension
Guarantee equal condition and treatment They are not rights directly possessed by individuals but constitute positive duties upon the government to protect and fulfill them Esc rights began to recognized by governments after WW2 and, like 1st generation rights, are embodied in Article 22-27 of the UDHR They are enumerated in the ICESCR
Which rights are regarded as women's rights?
Has varied through time & across cultures Disagreement about what constitute women's rights: Does she have a right to control family size? to equality of treatment in the workplace? to equality of access to military assignments? Usually refers to whether women 've equality with men where their capacities are the same May include protection of women where they're subject to special circumstances (e.g. maternity leave for child-bearing) or more susceptible to mistreatment (traffic in women, rape) In more recent history, there are specific documents to see what were considered women's rights at those points in history Although the concept of "rights" is itself a product of the Enlightenment era, in various societies in the ancient, classical & medieval worlds, women's rights might not have been defined by that concept, but differed from one culture to the other The dominant treaty that protects the rights of women today is CEDAW
Committee Against Torture
Holds 2 annual sessions, examines reports from parties Each report is examined orally in the presence of 1 or more rep of the State concerned Each State whose report is to be examined is informed in advance of expected questions from the Committee After examining each report, CAT adopts conclusions & recs; may also adopt general comments on specific provisions of the Convention or issues related to their implementation CAT has a working group to prepare the examination of individual communications received under Art 22 The working group examines the admissibility and merits of the communications & makes recs to the Committee
R2P Vs Humanitarian Intervention
Humanitarian Intervention: "A state's use of military force against another state when the chief publicly declared aim of that military action is ending human-rights violations being perpetrated by the state against which it is directed." It encompasses non-forcible methods e.g. intervention undertaken without military force to alleviate mass human suffering within sovereign borders 1. it involves the threat and use of military forces as a central feature 2. It's an intervention in the sense that it entails interfering in the internal affairs of a state by sending military forces into the territory or airspace of a sovereign state that has no committed an act of aggression against another state 3. The intervention is in response to situations that do no necessarily pose direct threats to states' strategic interest, but instead is motivated by humanitarian objectives Differences: 1. R2P is a preventative measure, humanitarian intervention is not 2. R2P is firmly rooted in international law 3. While Humanitarian Intervention was in the past justified as a measure to prevention human rights abuses more broadly, R2P focuses only on Mass Atrocity Crimes 4. Humanitarian Intervention assumes a "right to intervene," R2P is based on a "responsibility to protect."
Rwandan Genocide (Rape, HIV, mutilation)
Hutu extremists released hundreds of HIV/AIDS patients from hospitals, formed them into "rape squads" Intent: to infect and cause a "slow, inexorable death" Tutsi women targeted with the intent of destroying their reproductive capabilities Sexual mutilation: after the rape, vagina mutilated with machetes, knives, sharpened sticks, boiling water, acid Men were seldom the victims of war rape, but sexual violence against men included mutilation of the genitals, then displayed as trophies in public Idea: disabling the reproductive capabilities of the women would prevent future generations of the Tutsi population
Rise of Juvenal Habyarimana
In 1965, Kayibanda was re-elected; Juvenal Habyarimana became Minister of Defense In 1969, Kayibanda was once again re-elected in flawed elections; Tutsi killings continued In 1973, Maj Gen Habyarimana toppled the Kayibanda government in a military coup But effectively, the polices and views of the government remained the same, Tutsi killings continue The violent attacks intensified when in 1974, there was public outcry (mainly Hutu) that there was Tutsi over representation in elite fields such as education and medicine Many Tutsi professionals were forced into resignation and exile Habyarimana ruled from 1975-1994, inclusive of the genocide period The widespread killings of Tutsis continued, increasing with advent the Interahamwe, a militant wing of the ruling MRND
The Cyrus Cylinder (539 B.C.)
In 539 B.C., the armies of Cyrus the Great, the 1st king of ancient Persia, conquered the city of Babylon His next actions marked a major advance for rights: freed slaves, declared that all people had the right to choose their own religion; established racial equality These and other decrees were recorded on a baked-clay cylinder in the Akkadian language with cuneiform script It is translated into all 6 official languages of the UN and its provisions parallel the first 4 articles of the UDHR: English, French, Arabic, Chinese, Spanish, Russian
Côte d'Ivoire 2011
In response to the post-election violence in late 2010 and early 2011, SC on March 30 2011 adopted Resolution 1975 condemning the gross HRs violations committed by supporters of both ex-President Laurent Gbagdo and President Ouattara Resolution cited "the primary responsibility of each State to protect civilians," called for the immediate transfer of power to President Ouattara; reaffirmed that the UN OPeration in Côte d'Ivoire (UNOCI) could use "all necessary means to prevent life & property" UNOCI on Apr 4 '11 began a military operation & Gbagbo's hold on power ended on Apr 2011 when he was arrested by Ouattara's forces In Nov '11, ex-President Gbagbo was transferred to the ICC to face charges of Crimes Against Humanity as an "indirect co-perpetrator" of murder, rape, persecution & other inhumane acts
Race Science
In the 1700s and early 1800s, scientists in Europe and the Americas studied "race science"-the idea that humankind is divided into separate and unequal races They tried to explain the contradiction between the belief in human equality expressed during the American and French Revolutions and the emergence of slavery in the US and several European countries Sometimes called Scientific racism, race realism, human biodiversity, race biology or racial biology It's the pseudo scientific belief that empirical evidence exists to support or justify racial discrimination, racial inferiority, or racial superiority The practice of classifying individuals of different phenotypes or genotypes into discrete races Historically it received credence in the scientific community, but is no longer considered scientific
Gender Dimension (Rwanda)
Interhamwe used rape as a tool to permanently separate the heterogeneous population and decimate Tutsis Use of propaganda played an important role in both the genocide and gender specific violence Hutu propaganda depicted Tutsi women as "a sexually seductive '5th column' in league with the Hutus' enemies" Sexual violence exceptionally brutal, the complicity of Hutu women in the attacks suggest that use of propaganda had been effective in exploiting gendered needs which had mobilized both female and males to participate in the genocide
ICMW
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families monitored by the CMW
The Human Rights Committee (1994) summed up the rights which can be assumed to belong to
International Court of Law which is binding on all states, irrespective of whether they have ratified relevant conventions, and to which no reservation are allowed: [A] State may not reserve the right to engage in slavery, to torture, to subject persons to cruel, inhuman or degrading treatment or punishment, to arbitrarily deprive persons of their lives, to arbitrarily arrest and detain persons, to deny freedom of thought, conscience and religion, to presume a person guilty unless he proves his innocence, to execute pregnant women and children, to permit the advocacy of national, racial or religious hatred, to deny to persons of marriageable age the right to marry, or to deny minorities the right to enjoy their own culture, profess their own religion, or use their own language, And [...] the right to a fair trial [...].
ICESCR
International Covenant on Economic, Social and Cultural Rights Monitored by the CESCR
3 Dimension typology
Introduced in 1979 by Czech jurist Karel Vasak, the 3 categories align witht he 3 tenets of the French Revolution: liberty, equality and fraternity The first 2, which represent potential claims of individual persons against the state are firmly accepted norms identified in international treaties the 3rd, which represents potential claims of people and groups against the state, is the most debated and lacks both legal and political recognition each of these types include 2 further subtypes, according to a classification introduced by a scholar known as Sumner B. Twiss
What does the Convention on the Rights of the Child say?
It defines the child as a person under 18 years of age. It acknowledges the primary role of parents and the family in the care and protection of children, as well as the obligation of the State to help them carry out these duties It consists of 41 articles, each of which details a different type of right. These rights are not ranked in order of importance; instead they interact with one another to form one integrated sets of rights. A common approach is to group these articles together under the following themes: -Survival rights: include the child's right to life and the needs that are most basic to existence, such as nutrition, shelter, an adequate living standard, and access to medical services -Development rights: include the right to education, play, leisure, cultural activities, access to information, and freedom of thought, conscience and religion -Protection rights: ensure children are safeguarded against all forms of abuse, neglect & exploitation, including special care for refugee children; safeguards for children in the criminal justice system; protection for children in employment; protection & rehabilitation for children who have suffered exploitation or abuse of any kind -Participation rights: encompass children's freedom to express opinions, to have a say in matters affecting their own lives, to join associations and to assemble peacefully. As their capacities develop, children should have increasing opportunity to participate in the activities of society, in preparation for adulthood
Convention Against Torture (CAT)
It requires states to take effective measures to prevent torture within their borders; forbid states to transport people to any country where there is reason to believe they will be tortured Adopted on December 10, 1984 & following ratification by the 20th state party it entered into force on June 26, 1987 June 26 the International Day in Support of Victims of Torture, in honor of the Convention 161 state parties, 83 Signatories
Burial often prohibited
Killings began with grenades, guns, later machetes and clubs killing by hand tiresome, so the killers took shifts; took 2 days to kill the thousands of Tutsi who were inside a particular church Worst killings between April 11 and the beginning of May to further degrade the Tutsi, Hutu extremists would not allow the Tutsi dead to be buried Tutsi bodies were left where they were slaughtered, exposed to the elements, eaten by rats and dogs Many Tutsi bodies were thrown into rivers in order to send the Tutsis "back to Ethiopia" a reference to the myth that the Tutsi were foreigners and originally from Ethiopia
Case Study: Leading Poisoning/Nigeria
Lead poisoning in Zamfara, killed children, contaminated the environment, put future generations at risk Zamfara has large deposits of gold & for generations, its people lived mostly impoverished lives as farmers As the global financial crisis pushed up the price of gold, villagers have turned to small scale gold mining Using shovels & picks they dig shafts hundreds of feet into the ground, haul up earth, crush rocks filled with ore, looking for small specks of gold. In the process, they release lead-contaminated dust into the atmosphere. Children are exposed to lead dust in the mines, when their miner relatives return home covered with lead dust & when the lead-filled ore is manually or mechanically crushed at home Children (8 years old) drop down into the mines, processing ore, using mercury to extract gold, selling goods at processing sites. Children have been exposed to toxic lead in contaminated water & food, there have been high rates of infertility & miscarriages among affected adults The concentration of lead is so high that in 2010 at least 400 children died of acute lead poisoning The level of lead in one of the contaminated compounds was 23,000 parts per million; a safe level is >400 part per million >1500 children under the age of 5 have been exposed to extremely high levels of lead for at least 2 years; about 400 died Over 3000 children <10 have a bleak future because of the long term effects of lead poisoning, which includes serious cognitive deficits, behavioral & other health problems
R2P in practice: Libya 2011
Libya 1st case where the UN Security Council authorized a military intervention citing the R2P Following widespread and systematic attacks against the civilian population by the Libyan regime and language used by Gaddafi that reminded the international community of the genocide in Rwanda, the Security Council unanimously adopted Res 1970 on February 26, 2011, making explicit reference to R2P
Other Security Council Resolutions on R2P
Libya: Res 1970 and Res 1973 (2011), Res 2016/2011 and Res 2040/'12 Côte d'Ivoire: Res 1975/2011; Yemen: Res 2014/'11 Mali: Res 2085/2012 & Res 2100/'13 Sudan & South Sudan: Res 1996/'11 & Res 2121/'13 Central African Republic: Res 2121/'13, Res 2127/'13 & Res 2134/'14
Freedom from torture is a fundamental right
Like slavery, torture has been readily identified as a human rights problem that should be tacked in the basic human rights standards developed after WWII Protected by UDHR, ICCPR, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment & Regional Instruments
soft laws include in international terms
Most UN General Assembly resolution and declarations, statements, principles, objectives, declarations of principles, guidelines, standards, action plans
Women rights are Human Rights
Numerous int'l & regional instruments have drawn attention to gender-related dimensions of rights, the most imporatnt is the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) adopted in '79
US Declaration of Independence (1776)
On July 4, 1776, the US Congress approved the Declaration of Independence primary author: Thomas Jefferson. was a formal explanation of why Congresses declared independence from Great Britain It stressed 2 themes: individual rights and right of revolution it's the oldest written national constitution in use and defines the principal organs of government and their jurisdictions and the basic rights of citizens
1st conviction for Genocide
On Sep 2, 1998, the ICT for Rwanda issued the world's 1st conviction for the defined crime of genocide after trial before an international tribunal Jean-Paul Akayesu was found guilty of genocide and crimes against humanity for acts he engaged in
R2P and National Sovereignty
One of the main criticisms of R2P: it infringes upon national sovereignty Advocates of R2P claim that the only occasions where the international community will intervene in a state without its consent is when the state is either allowing mass atrocities to occur, or is committing them, in which case the state is no longer upholding its responsibilities as a sovereign state In this sense, R2P can be understood as reinforcing sovereignty Critics disagree and many political leaders still see R2P simply as a new cloak for a late form of western imperialism Others note the over dependence on military force. In spite of its incorporation into UN thinking, R2P remains an idea of which the non-western world is suspicious
Despite of these agreements, the denial of women's basic rights remains persistent & widespread
Over .5 m women continue to die each year from pregnancy & childbirth-related causes Rates of HIV infection among women are rapidly increasing. Among 15-24 year olds, young women now constitute the majority of those newly infected, in part because of their economic & social vulnerability Gender-based violence kills & disables as many women (15-44) as cancer; most perpetrators unpunished Worldwide, women are twice as likely as men to be illiterate As a consequence of their working conditions & characteristics, a disproportionate number of women are impoverished in both developing & developed countries Women still earn less than men, even for similar kinds of work Many State Parties to CEDAW still have discriminatory laws governing marriage, land, property and inheritance
Part 4, 5, 6
Part 4 (28-45) governs the establishment and operation of the Human Rights Committees and the reporting/monitoring mechanism Part 5 (46-47) clarifies that the Covenant shall not be interpreted as interfering with the operation of the UN or "the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources." Part 6 (48-53) governs ratification, entry into force, and amendment
Part 2 (Art 2-5)
Parties should legislate where necessary, provide legal remedy for violation recognizes equality: "without distinction of any kind," such as race, colour, sex, language, religion, political or other opinion
Part 3 (6-27) Lists rights
Physical integrity: right to life and freedom from torture and slavery (6, 7, 8) Liberty and security of the person: freedom from arbitrary arrests and detention, right to habeas corpus (9 - 11) Procedural fairness in law: rights to due process, a fair and impartial trial, presumption of innocence and recognition as a person before the law (14, 15, 16)
Ban on Torture
Prohibition applies to all territories under a party's jurisdiction, protects all people under its control, regardless of citizenship or how that control is exercised Absolute prohibition has become accepted as a principle of customary international law Because it is difficult to distinguish between Torture & CIDT, CAT regards Art 16's prohibition of such treatment as similarly absolute & non-derogable The other articles of Part I lays out specific obligations intended to implement this absolute prohibition by preventing, investigating & punishing acts of torture
Ticking Bomb Proponents
Proponents: torture may be wrong...but mass murder is worse, so the lesser evil must be tolerated to prevent the greater one The justification for the use of torture under exceptional circumstances gained popularity following the events of 9/11 and the subsequent War on Terror TB does not allow for the use of torture routinely; only in extreme circumstances It is morally wrong to not torture a suspect for intelligence that could stop an attack that will potentially cost the lives of many people It's a cost-benefit situation: The cost of hurting 1 person unworthy of humane consideration - is considered to be outweighed by the benefit of saving many lives Bush admin officials followed this logic; they argued that torture as an interrogation method was necessary to protect the US from a catastrophic terrorist attack. It was necessary to allow torture to stop a greater catastrophe
R2P vs Humanitarian intervention 4 Differences to consider
R2P is 1st a preventative measure, stresses state responsibilities; military intervention a last resort, when all other non-coercive measures have failed & when it is authorized by the Security Council R2P extends the intervention beyond a purely military intervention to encompass a whole continuum of obligations, as outlined in the ICISS report: responsibility to prevent, to react, to rebuild The 2nd point is related to the 1st: R2P is firmly rooted in international law, especially the law relating to sovereignty, peace and security, human rights and armed conflict However, Humanitarian Intervention regularly violated Art 2.4 of the UN Charter, which outlines the territorial integrity of every soverign state Art 2.4: All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the UN R2P is designed to avoid violating Art 2.4 by making it clear that military intervention must either be authorized by the State in question or by the UN Security Council 3rd, while Humanitarian Intervention was in the past justified as a measure to prevention human rights abuses more broadly, R2P focuses only on Mass Atrocity Crimes 4th, while Humanitarian Intervention assumes a "right to intervene", R2P is based on a "responsibility to protect" Both doctrines agree on the fact that sovereignty is not absolute. However, R2P shifts away from state-centered motivations to the interests of victims by focusing not on the right of states to intervene but on a responsibility to protect populations at risk Also it introduces a new way of looking at the essence of sovereignty, moving away from issues of "control" & emphasizing "responsibility" to a state's own citizens & the wider international community
What has the War on Terror got to do with rights?
Rights are relevant to terrorism as concerns both its victims and its perpetrators The suspected perpetrators of attacks also have rights, as members of the human family, in the course of their apprehension and prosecution. They have the right not to be subjected to torture or other degrading treatment, the right to be presumed innocent until they are deemed guilty of the crime & the right to public trial.
What are economic, social and cultural rights?
Rights relating to the workplace, social security, family life, participation in cultural life and access to housing, food, water, health care and education Workers' rights: freedom from forced labor, the rights to decide freely to accept or choose work, to fair wages and equal pay for equal work, to leisure and reasonable limitation of working hours, to safe and healthy working conditions to join and form trade unions and to strike The right to social security and social protection: the right not to be denied social security coverage arbitrarily or unreasonably and the right to equal enjoyment of adequate protection in the event of unemployment, sickness, old age or other lack of livelihood in circumstances beyond one's control
Within 24 hours of president's death (Rwanda)
Since '73, Habyarimana had run a totalitarian regime, excluded all Tutsi participation Totalitarianism tempered after Aug 93 following the Arusha Accords Weakened Hutu hold, allowed Tutsi to participate in the government, deeply upsetting Hutu extremists Unclear who was responsible for the assassination, Hutu extremists profited the most from Habyarimana's death Within 24 hours after the crash, Hutu extremists had taken over the government, blamed Tutsis for the assassination, and started the slaughter
The ICC was established because
Some of the most heinous crimes were committed during the conflicts which marked the 20th century. The Nuremberg and Tokyo tribunals were established in the wake of the WW2 In 1948, when the Convention on the Prevention and Punishment of the Crime of Genocide was adopted, the UN General Assembly recognized the need for a permanent international court to deal with the kinds of atrocities which had just been perpetrated the idea of a system of international criminal justice re-emerged after the end of the Cold War While negotiations on the ICC Statute were underway at the UN, the world was witnessing the commission of heinous crimes in the territory of the former Yugoslavia and in Rwanda In response to these atrocities, the UN Security Council established an ad hoc tribunal for each of these situations These events undoubtedly had a most significant impact on the decision to convene the conference which established the ICC in Rome in the summer of 1998
John Hanning Speke's Hamiti Hypothesis
Speke (May 4, 1827 - September 15, 1864) an officer in the British Indian Army, made 3 exploratory expeditions to Africa Most associated with the search for the source of the Nile; was the 1st European to reach Lake Victoria Propounded the Hamitic hypothesis in 1863: the Tutsi ethnic group were descendants of the biblical figure Ham, had lighter skin and more 'European' features than the Bantu-featured Hutu over whom they rules Hypothesis was basis for all racial and cultural division between the Hutu and Tutsi in later years
What's the Rome Statute?
The ICC, established by the Rome Statute has jurisdiction over mass atrocity crimes On July 17, 1998, a conference of 160 States established the 1st treaty-based permanent international criminal court The treaty adopted during that conference is known as the Rome Statute of the International Criminal Court It sets out the crimes falling within the jurisdiction of the ICC, the rules of procedure and the mechanisms for States to cooperate with the ICC Countries which have accepted these rules are known as States Parties to the ICC
US & CEDAW
The United States was one of the first signatories of the Convention on the Elimination of All Forms of Discrimination Against Women when it was adopted by the UN in 1979 A year later, President Jimmy Carter signed the treaty and sent it to the Senate for ratification But Carter, in the final year of his presidency, did not have the political leverage to get senators to act on the measure. The Senate Foreign Relations Committee, charged with ratifying treaties and international agreements, has debated CEDAW five times since 1980/ In 1994, the Committee held hearings on CEDAW and recommended it be ratified But North Carolina Sen. Jesse Helms. a leading conservative and longtime CEDAW opponent, used his seniority to block the measure from going to the full Senate. Similar debates in 2002 and 2010 also failed to advance the treaty In all instances, opposition to CEDAW has come primarily from conservative politicians and religious leaders, who argue that the treaty is at best unnecessary and at worst subjects the US to the whims of an international agency. Other opponents have cited CEDAW's advocacy of reproductive rights and enforcement of gender-neutral work rules Despite support in the US from powerful legislators, CEDAW is unlikely to be ratified by the Senate anytime soon. Both supporters like the League of Women Voters and AARP and opponents like Concerned Women for America continue to debate the treaty. And the United nations actively promotes the CEDAW agenda through outreach programs and social media
Why the lead poisoning in Nigeria should be addressed
This is not a health crisis, rather it's a rights crisis The Nigerian government has a legal, not just a moral obligation to protect the health & welfare of its people Nigeria is party to the ICESCR & the CRC; both place obligation on Nigeria to protect the health of its children & to ensure their physical & mental development to the maximum extent possible Nigeria has ratified ILO Convention No. 182 on the worst forms of child labor, which protects children from hazardous labor, such as exposure to hazardous substances, agents, or processes
In Churches: killings by grenade, machete, rifle, burning alive
Thousands of Tutsis tried to escape the slaughter by hiding in churches, hospitals, schools, government offices historical places of refuge turned into places of mass murder one of the worst massacres of the Rwanda genocide took place on April 15-16, 1994 at a Catholic Church, east of Kigali Here, the mayor of the town, a Hutu, encouraged Tutsis to seek sanctuary inside the church by assuring them they would be safe there. He then betrayed them to the Hutu extremists
Convention on the Rights of the Child: Objectives
To protect children from discrimination, neglect, abuse Covers a full range of civil, political, economic, social & cultural rights Grants rights for children in peacetime as well as during armed conflict; provides for the implementation of those rights Serves as both a rallying point and a useful tool for civil society and individuals working to protect and promote children's rights
treaty entry into force
Typically, the provisions of the treaty determine the date on which the treaty enters into force, often at a specified time following its ratification or accession by a fixed number of states. it does not entry into force when it is adopted
UDHR, ICCPR on torture
UDHR Art 5: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment (CIDT) ICCPR Art 7: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation
collective rights instruments
UN Declaration on the Right to Development ('86) UN Declaration on the Rights of Persons belonging to National, Ethnic, Religious or Linguistic Minorities Vienna Declaration and Programme of Action ('93) UN Declaration on the Rights of Indigenous Peoples ('07)
2005 World Summit Outcome Document
UN General Assembly endorsed R2P in the 2005 World Summit (Outcome Document paragraphs 138 & 139) R2P applies to Mass Atrocity Crimes, not all human rights violations ICISS' 6 criteria idea modified Reaffirm that only the security council may authorize intervention Stresses the importance of regional organization
Post-WWII & the Origins of Refugee Protection
UN General Assembly lays out principles for handling displacement - the refugee problem is international is scope and nature - nonrefoulement (no one can be forced to return to a country where he/she fears persecution) - the normal relationship between a citizen and his/her state should be repaired with international encouragement and assistance
Outcome Document Paragraph 139
UN has the responsibility to use appropriate diplomatic, humanitarian & other peaceful means to help protect populations from mass atrocity crimes "We are prepared to take collective action, in a timely & decisive manner, through the Security Council, on a case-by-case basis & in cooperation with relevant regional organizations, should peaceful means be inadequate & national authorities manifestly fail to protect their population from mass atrocity crimes" "We commit ourselves to helping States build capacity to protect their populations from mass atrocity crimes"
Review of the States records are conducted by the
UPR Working Group which consist of the 47 members of the Council However any UN Member State can take part in the discussion/dialogue with the reviewed States Each State review is assisted by groups of 3 states, known as "troikas" who serve as rapporteurs The selection of the troikas for each State is done through a drawing of lots following elections for the Council membership in the General Assembly
Coffee Production and Corvée (Rwanda)
Under Belgian rule, peasant farmers, largely Hutus, were obligated to grow coffee beans on their land on punishment of death from Tutsi officials in a system of corvée rule. Corvée is an obligation imposed on inhabitants of a place to perform services, such as repair of roads, bridges, etc. for little or no remuneration It's one step higher than slavery; unlike slavery, the ruler does not own the servant outrightly Many Hutu farmers were subjected to a standard 10 lashes daily, before work, so as to remind them to maintain a solid work ethic So, by the time of Rwandan independence in 1962, the Hutu were an oppressed group, facing cruelty from a Tutsi elite, who were manipulated by the colonists
Key Human Rights standards & principles guiding the Right to Health
Universal access: access to health care must be universal, guaranteed for all on an equitable basis. Health care must be affordable & comprehensive for everyone & physically accessible where and when needed Availability: adequate health care infrastructure (e.g. hospitals, community health facilities, trained health care professionals), goods (e.g. drugs, equipment), and services (e.g. primary care, mental health) must be available in all geographical areas and to all communities Acceptability and Dignity: Health care institutions and providers must respect dignity, provide culturally appropriate care, be responsive to needs based on gender, age, culture, language, and different ways of life and abilities. They must respect medical ethics & protect confidentiality Quality: all health care must be medically appropriate and of good quality, guided by quality standards and control mechanisms, and provided in a timely, safe, and patient-centered manner
Ticking Bomb Scenario
Used to justify torture in certain extreme situations 1st conceptualized in a fiction novel by Jean Larteguy in '60 Describes a scenario whereby the torture of a suspect is considered necessary to obtain information to prevent a future catastrophic event from occurring The scenario is usually described as one where terrorists have planned an attack that is going to occur shortly and a large number of people will be killed unless the authorities obtain critical information from the captured source It is essentially torture that has been sanctioned by the state in exceptional circumstances Torture is still wrong in these circumstances
Article 8 (Rome Statute) deals with
War crimes: ... when committed as part of a plan or policy or as part of a large-scale commission of such crimes
declaration
a formal or explicit statement or announcement.
Human Rights Council (HRC)
a forum empowered to prevent abuses, inequity & discrimination, protect the most vulnerable, and expose perpetrators meets in Geneva 10 weeks a year, is composed of 47 elected UN Member States who serve an initial period of 3 years, and cannot be elected for more than 2 consecutive terms
Responsibility to Protect (R2P)
a new international security and human rights norm to address the international community's failure too prevent Rwanda (94); Srebrenica (95)
International Criminal Court (ICC)
a permanent international court established to investigate, prosecute and try individuals accused of committing the most serious crimes of concern to the international community as a whole, namely the crime of genocide, crimes against humanity, war crimes and crimes of aggression
Refugee
a person who has fled their country of origin and is unable or unwilling to return because of a well-founded fear of being persecuted because of their race, religion, nationality, membership of a particular social group or political opinion
Refugee camp
a plot of land temporarily made available to host refugees fleeing from an armed conflict in temporary homes. UN Agencies, particularly UNHCR, and other humanitarian organizations provide essential services in refugee camps including food, sanitation, health, medicine and education. These camps are ideally located at least 50 km away from the nearest international border to deter camp raids and other attacks on its civilian occupants
Non-refoulement
a principle of international law which forbids the rendering a true victim of persecution to their persecutor. Generally the persecutor in mind is a state actor Connects refugees laws with IHL: no one should be returned to where they may be tortured
Universal Periodic Review (UPR)
a unique process that involves a review of the human rights records of all 192 UN member-states once every 4 years it's a significant innovation of the HRC which is based on equal treatment for all countries it provides an opportunity for all States to declare what actions they have taken to improve the human rights situations in their countries and to overcome challenges to the enjoyment of human rights it also includes a sharing of best human rights practices around the globe. Currently, no other mechanism of this kind exists
What is a war on terror
a war against enemies of freedom, on terrorists. It's an unending war so long as there are terrorists according to the views of the government.
Accession versus ratification
accession process has only 1 step and it's not preceded by an act of signature where as ratification does
Convention on the Rights of the Child
adopted by the General Assembly & opened for signature in '89, entered into force in '90 Sets out the civil, political, economic, social, health & cultural rights of children All UN members are states parties, except US Somalia & South Sudan ratified in 2015
CEDAW is the only human rights treaty which
affirms the reproductive rights of women; targets culture and tradition as influential forces shaping gender roles and family relations it affirms women's rights to acquire, change or retain their nationality & the nationality of their children States agree to take appropriate measures against all forms of traffic in women & exploitation of women Countries that have ratified or acceded to CEDAW are legally bound to implement it States must submit national reports, every 4 years, on measures taken to comply with their treaty obligations
Limitations of the Typography
although the 3 generations framework is a valuable conceptual tool for thinking about rights, some of its assumptions are questionable does the notion of a progression of rights and the metaphor of age it is based on make sense? Do 2nd generation rights create the background conditions necessary for the exercise of 1st generation rights, or is it the other way around Should 2nd and 3rd generation rights be viewed as one? Does one generation take precedence over another, or are all equally important?
State reviews are conducted by
an interactive discussion between the State under review and other UN Member States This take place during a meeting of the UPR Working Groups. Duirng this discussion any UN Member State can pose questions, comments and/or make recommendations to the States under review the troikas may group issues or questions to be shared with the State under review to ensure that the interactive dialogue takes place in a smooth and orderly manner Duration of review: 3 hours for each country in the Working Group during the 1st cycle. From the 2nd cycle onward the time has been extended to 3.5 hours
Genocide defined
any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or relgiious group, as such: (a) killing members of the grouo (b) causing serious bodily or mental harm to members of the group (c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part (d) imposing measures intended to prevent births within the group (e) forcibly transferring children of the group to another group
The Trigger of the Rwandan Genocide
at 8:30 pm April 6, 1994, Hutu President Habyarimana and Cyprien Ntaryamira, the Hutu president of Burundi were assassinated when a surface-to-air missile shot Habyarimana's plane as it was about to land in Kigali All on board were killed
"...well-founded fear of being persecuted..."
basically the fear of being persecuted on the basis of race, religion, nationality, or membership of a social group or political opinion What is persecution? What is fear of persecution? What does it mean for a fear of being persecuted to be well-founded In refugee status determination, how can an individual illustrate that his/her fear of persecution is well-founded
hard law
binding laws; to constitute law, a rule, instrument or decision must be authoritative and prescriptive. In international law, hard law includes treaties and customary law these hard law instruments result in legally enforceable commitments for states and other international subjects
Treaty bodies are core instruments that
create legal obligations for states parties to promote and protect human rights at the national level once a country ratifies one of these treaties, it assumes the legal obligation to implement the rights set out in the treaty: This is just the 1st step States parties require support/assistance in meeting their obligations to introduce measures to ensure that everyone within that state enjoy their rights
Protection is a concept that
encompasses all activities aimed at obtaining full respect for the rights of the individual in accordance with the letter and spirit of human rights, refugees and international humanitarian law. It involves creating an environment conducive to respect for human beings, prevent and/or alleviating the immediate effects of a specific pattern of abuse, and restoring dignified conditions of life
Individual liberty
freedoms of movement, thought, conscience, religion, speech, association and assembly, family rights, the right to a nationality, the right to privacy (12, 13, 17 - 24)
external self-determination refers to
full legal independence for the given 'people' from the larger politico-legal state
General Principles of Law
general principles of fairness & justice which are applied universally in legal systems around the world, e.g. good faith, impartiality of judges, proportionality International tribunals, national courts rely on these principles when they cannot find authority in other sources of international law They also found in the teachings of eminent international law scholars Art 38 includes judicial decisions (of both international & municipal tribunals) & scholarly writings as "subsidiary means for the determination of rules of law."
European regional human right system
has jurisdiction over 47 Council of Europe member states European Committee on Social Rights monitors CoE members who have ratified the European Social Charter (43) and may decide cases against those who have accepted the Committee's collective complaints procedure (15)
thematic mandates
human rights issues of particular concern worldwide
country mandates
human rights situations in specific countries or territories
What ratification entails
if a state chooses to ratify and become party to a treaty, that country is obliged to ensure that its domestic legislation complies with the treaty's provisions their obligations include regular reporting to and scrutiny by UN HR treaty bodies if they fail to comply with the terms of the treaty, that country will be in breach of international law and may be subjected to sanctions and other forms of punishment
The goal of the UPR
improvement of the human rights situation in every country with significant consequences for people around the globe it's designed to prompt, support and expand the promotion and protection of human rights on the ground Involves assessing States' human rights record and addressing human rights violations wherever they occur Aims to provide technical assistance to States and enhance their capacity to deal effectively with human rights challenges and to share best practices in the field of human rights among States and other stakeholders
Internal Displacement (IDPs)
in 1990s, huge growth in internal displacement UNHCR conducts humanitarian relief for IDPs Guiding Principles on Internal Displacement (1998) What is the importance of the international border? Is it the international community's responsibility to respond to internal displacement?
Tutsis form political party
in reaction, in 1959 Tutsis founded the UNAR party, made up of those who desired immediate independence for Ruanda-Urundi based on the existing Tutsi monarchy This group also became quickly militarized Skirmishes began between UNAR and PARAMEHUTU groups
political participation,
including the right to join a political party and the right to vote (25)
The right to an adequate standard of living
including the rights to food and to be free from hunger, to adequate housing, to water and to clothing
Customary International Law
international law that usually develops slowly, over time, as states recognize practices as appropriate and correct
3 Dimension Typology
introduced in 1979 by Czech jurist Karel Vasak, the 3 categories align with the 3 tenets of the French Revolution: liberty, equality and fraternity the first 2, which represent potential claims of individual persons against the state, are firmly accepted norms identified in international treaties the 3rd, represent potential claims of peoples and groups against the state, is the most debated and lack both legal and political recognition
Just cause threshould
is the threat a "serious and irreparable harm occurring to human beings?" justified in 2 broad sets of circumstances: 1. large scale loss of life, actual or apprehended, with genocidal intent or not, which is the production either of deliberate state action, or state neglect or inability to act, or a failed state situation; or 2. large scale "ethnic cleansing," actual or apprehended, whether carried out by killing, forced expulsion, acts of terror or rape.
Rome Statute and crimes against humantiy
it defines crimes against humanity as any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: a. murder b. extermination c. enslavement d. deportation or forcible transfer of population e. imprisonment or other severe deprivation of physical liberty in violation of international law; f. torture g. rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of of sexual violence of comparable gravity h. persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender, or other grounds, universally recognized as impermissible under international law... or any crimes within the jurisdiction of the court i. enforced disappearance of persons j. the crime of apartheid k. other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health
soft law may evolve into hard law
it may influence the future development of hard law commitments declarations, recommendations, etc. are sometimes the 1st step toward a treaty-making process, reference will be made to the principles already stated in the soft law instruments non-treaty agreements are intended to have a direct influence on the practice of states and to the extent that they are successful in doing so, they may lead to the creation of customary law
prohibition of torture
it's a bedrock principle of international law CIDT banned it at all time, in all places, including in times of war No national emergency ever justifies it. No one should be returned to a place where they would face it Many countries (totalitarian & democracy); but armed groups have engaged in it Countries have frequently justify the use of it as a necessary means to extract confessions, identify terrorists, and obtain intelligence critical to preventing future violence Convictions are difficult to achieve because torturers have become adept at inflecting suffering through methods that leave few physical marks.
Why optional protocol?
it's an opportunity to add new language to a previous treaty such as introducing a new section to the treaty like adding women to the right to vote or something like that to add additional protection, to improve procedural (process)
The concept of war crimes
it's the idea that individuals can be held criminally responsible for the actions of a country or its soldiers. War crimes and crimes against humanity are among the gravest crimes in international law they're considered so serious that there's no statute of limitation for such crimes - perpetrators can be prosecuted and punished no matter how much time has elapsed since the crimes were committed
Role of International Court of Justice
it's to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies
The Convention on the Rights of the child is the first
legally binding international treaty to give universally-recognized norms and standards for the protection and promotion of children's rights in a single text It's the most rapidly and widely ratified international human rights treaty in the world. This unprecedented wide participation clearly shows a common political will to improve the situation of children It highlights the spirit of complementary and the interdependence of human rights by combining civil and political rights with economic, social and cultural rights It calls fora holistic approach in analysis, and recognizes that the enjoyment of one right cannot be separated from the enjoyment of others It creates a new vision of the child, combining provisions aimed at protecting the child through positive action by the child's country, parents and relevant institutions, with provisions that recognize the child as a holder of participatory rights and freedoms It creates rights in areas not covered by previous international treaties, e.g. the right of the child to freely express views & have those views taken seriously, and the right of the child to a name and nationality from birth The Convention creates standards for such issues as alternative care, the rights of disabled and refugee children; and the administration of juvenile justice It also stresses the need for recovery & social reintegration of a child victim of neglect, exploitation or abuse While stressing the country's duty to help facilities care for and protect the child, it acknowledges the primary role of family and parents in this task. It calls for positive action by institutions and the State or parents It serves as a useful tool for advocacy and greater awareness of the new understanding on children's rights, and attaches special importance to international cooperation and assistance as ways of protecting children's rights
What is Genocide?
means violent crimes committed against groups with the intent to destroy the existence of the group
Non-discrimination
minority rights and equality before the law (26-27)
The Refugee Regime in a Global Institutional Context
new era of proliferating global institutions institutions dealing with refugees including those responsible for travel, security, labor migration, development, humanitarian, and human rights What does this mean for refugee protection?
Human right to health also entails procedural principles, which apply to all human rights
non-discrimination: health care must be accessible and provided without discrimination (in intent or effect) based on health status, race, ethnicity, age, sex, sexuality, disability, language, religion, national origin, income, or social status Transparency: health information must be easily accessible for everyone, enabling people to protect their health and claim quality health services. Institutions that organize, finance or deliver health care must operate in a transparent way Participation: individual & communities must be able to take an active role in decisions that affect their health, including in the organization and implementation of health care services Accountability: private companies & public agencies must be held accountable for protecting the right to health care through enforceable standards, regulations & independent compliance monitoring In 2000 the UN Committee on Economic, Social and Cultural Rights issued legal guidance for implementation of this right: General Comment 14 is now a key source of advocates seeking to apply human rights standards to their own national, state or local context
"...nationality..."
normally interpreted as referring to one's origins in and membership of particular ethnic, religious, cultural and linguistic communities does not need to refer to a minority group also includes persecution for lack of nationality (statelessness)
CPED
nternational Convention for the Protection of All Persons from Enforced Disappearance monitored by the CED
The number of ratification needed for a treaty will be found where?
on the draft of the treaty
following the State review comes the report which is
prepared by the troika with the involvement of the State under review and assistance from the OHCHR the outcome report provides a summary of the discussion the report consists of the questions, comments and recommendations made by States to the country under review, as well as the responses by the reviewed State
International Customary law
refers to International law which does not have a treaty base (written treaties) but exists because of international custom, or established state practice even if the state doesn't ratify this law, it still applies to them
Security Council Resolution 1674 emphasizes the
responsibility of States to comply with their relevant obligations to end impunity and to prosecute those responsible for war crimes, genocide, crimes against humanity and serious violations of international humanitarian law recognizes, for state in or recovering from armed conflict, the need to restore or build independent national judicial systems & institutions
3rd dimensions was brought into the human right debate and include
right to peace, development, a clean environment, to dispose freely of their own raw material they're intended to protect entire groups rather than the individual
Chapter VII UN Charter
sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace and security". Chapter VII (art 47) gives the Military Staff Committee responsibility for strategic coordination of forces placed at the disposal of the Security Council The military staff committee is made up of the chiefs of staff of the 5 permanent members of the Council
hardening of soft law
soft law is a convenient option for negotiations that might otherwise stall if legally binding commitments were sought at a time when it is not convenient for negotiating parties to make major commitments for political and/or economic reasons, hard law commitments may not be possible, but nations may still wish to negotiate an agreement in good faith in the meantime
Torture and abuses following the War on Terror
some countries that routinely violate the rights of political prisoners or dissidents pointed at US actions as justification to expand their repressive practices Western democracies with long records of respect for rights & institutional checks on excessive state power took advantage of 9/11 to erode checks on state power & undermine HRs
soft law controvesy
some legal scholars do not accept its existence and others dispute its status in the realm of law most international practitioner say that the development of soft law instruments is an accepted part of the compromises required when undertaking daily work within the international legal system States are often reluctant to sign up to too many commitments that might result in national resentment at over-committing to an international goal
economic migrant
someone who leaves his or her country of origin purely for financial and/or economic reasons. Moved to find a better life and they do not flee because of persecution. Therefore they do not fall within the criteria for refugee status and are not entitled to receive international protection
How International Customary law is established
state practice opinio juris (Latin: the sense of legal obligation, an acceptance of a practice as sufficient to create legal obligations) in other words ICL results from a general and consistent practice of states that they follow from a sense of legal obligations
ISESCR: Does it weaken the treaty?
taking steps imposes a continuing obligation to work towards the realization of the rights (2.1; 6.1; 6.2; 11.1; 12.2; 15.2) rules out regressive measures impeding that goal interpretation: Minimum core obligations to provide minimum essential level of eahc right CESCR: Legislation (unlikely to be limited by resource constraints) essential Anti-discrimination provisions and enforceable rights with judicial remedies within national legal systems considered appropriate means
What does human right to health mean
that everyone has the right to the highest attainable standard of physical and mental health, which includes access to all medical services, sanitation, adequate food, decent housing, healthy working conditions & a clean environment
the debate behind 3rd dimension rights is
that human rights are by definition individualistic and can't be applied to groups.
to ratify an optional protocol
that state must have been a state party to the original treaty in order to ratify the optional protocol with the exception of those regarding CRC Optional protocol on the involvement of children in armed conflict, to which any state may accede
2014 Senate report on CIA torture
the CIA's sue of its enhanced interrogation techniques (EIT) was not an effective means of acquiring intelligence or gaining cooperation from detainees. The CIA's justification for the use of its EIT rested on inaccurate claims of their effecitveness The conditions of confinement for detainees were harsher than the CIA had represented to policymakers The CIA repeatedly provided inaccurate information to the DOJ (Department of Justice), impeding a proper legal analysis of the CIA's Detention & Interrogation Program
non-refoulment derives from
the French refouler, meaning to drive back or to repel It's a principle of customary international law prohibiting the expulsion, deportation, return or extradition of an alien to his state or origin or another state where there is a risk that his life or freedom would be threatened for discriminatory reasons, in other words where he/she could be tortured It has evolved into a norm customary international law, states are bound by it whether or not they are party to the Convention relating to the Status of Refugees ("1951 Convention")
If a State is not cooperating
the Human Rights Council will decide on the measures it would need to take in case of persistent non-co-operation by a State with the UPR
"Genocide, Crimes against Humanity, War crimes" status as international crimes is based on the belief that
the acts associated with them affect the core dignity of human beings, both in peace and war times
Ethnic cleansing has been defined as
the attempt to get rid of (through deportation, displacement or mass killing) members of an unwanted ethnic group in order to establish an ethnically homogenous geographic area it's a descriptive, not a legal term the term came into wide usage in the 1990s, to describe the treatment suffered by particular ethnic groups during conflicts that erupted after the disintegration of the former Yugoslavia •The Commission also stated that coercive practices used to remove the civilian population can include murder, torture, arbitrary arrest and detention, extrajudicial executions, rape and sexual assaults, severe physical injury to civilians... •forcible removal, displacement & deportation of civilian population, deliberate military attacks or threats of attacks on civilians & civilian areas, use of civilians as human shields, destruction of property & robbery of personal property... •attacks on hospitals, medical personnel & locations with the Red Cross/Red Crescent emblem
Right to health
the economic, social & cultural right to a universal minimum standard of health to which all individuals are entitled Concept has been enumerated in various instruments, e.g. UDHR, ICESCR Differing interpretation & application because of -how health is defined -what minimum entitlements are encompassed in the right -which institutions are responsible for ensuring a right to health
Special procedures
the general name given to the mechanisms to address either specific country situations or thematic issues in all parts of the world they're either an individual - a special rapporteur or independent expert - or a working group. They are prominent, independent experts working on a voluntary basis, appointed by the Human Rights Council
UN Inaction
the genocide was 100 days of horrific massacre of Tutsis and other innocent Rwandans by the Interahamwe Hutu militia. Millions of lives were lost in the genocide, and the UN did nothing to stop it The UN mandate was immensely inadequate for the situation The UN only recognized the Rwandan massacre as a genocide after extensive "investigation" by the UN High Commission of Human Rights. long after it mattered
Rome Statute
the governing statute of the International court It's called the Rome Statute because it was made in Rome
Concept of Derogation
the partial repeal of a law in a way which diminishes its scope: temporary suspension Limitations on Rights: Exception not Rule Determined by law and necessary in a democratic society to: 1. ensure respect for the Rights of others 2. Protect public order, public health, national security and public safety
International Recognition of child rights
the process of recognizing children's rights was championed post-WWII by the UN The Declaration of Children's Rights adopted in 1959 In 1989 the International Convention on the Rights of the Child (CRC) was adopted Convention on the Rights of the Child: the 1st international legally binding text recognizing all the fundamental rights of the child
the right to education
the right to free and compulsory primary education and to available and accessible secondary and higher education, progressively made free of charge; and the liberty of parents to choose schools for their children
Protection of and assistance to the family
the right to marriage by free consent, to maternity and paternity protection, and to protection of children from economic and social exploitation
Cultural rights
the right to participate in cultural life and to shar ein and benefit from scientific advancement, and protection of authors' moral and material interest from scientific, literary or artistic production
Ticking bomb scenario Flaws
the scenario makes a number of assumptions that are unlikely to occur in reality: at the very least they are unlikely to occur simultaneously It implies that the authorities are already aware that an attack is going to occur in a very short amount of time and torture is the only option, in reality a situation is hardly going to be so black and white It implies that the person captured is involved in & has knowledge of the event that is about to occur and will release that information Reality: more likely that the prisoner gives false information to satisfy the torturers because they do not know anything, or the individual may have been trained to withstand torture & do not impart any information at all Realistically, in situations where someone with links to a terrorist organization is captured they may not possess any knowledge of the imminent attack The scenario assumes that torture is always successful & will provide results. It relies on the assumption that "torture not only makes people talk, but makes them speak the truth" You can't predict how a person will react to extreme psychological and physiological stress Empirical evidence: more times than not the information gathered under torture is the wrong information, being the result of a false confession '87 - '94, the Israeli Security Service officially interrogated 23,000 Palestinians, torturing many yet terrorism flourished No evidence that torture has succeed in stopping terrorist attacks.
Near the end of the 90's there was a recognized need to shift the debate about crisis prevention and response:
the security of the community and the individual, not only the state, must be priorities for national and international policies
The Tutsi (originally Cushite) migrated to Rwanda from
the southern Ethiopian highlands, much taller and slimmer than the Bantu or Twa
ICC's Jurisdiction
they have jurisdiction over suspected perpetrators of mass atrocity crimes, including superiors/military commanders The Court may exercise its jurisdiction, if the State on the territory of which the act or omission occurred or the nationality of the suspect is Party to the Statute or the State has accepted the jurisdiction of the Court
The General Assembly discussed how to implement R2P in crisis situations
they highlighted the need for regional organizations (e.g. African Union) to play a strong role in implementing R2P Need for stronger early warning mechanisms in the UN & the need to clarify the roles UN bodies would play in implementing R2P R2P stipulates a 3-pillar approach to the R2P
Treaty bodies
they're committees of independent experts that monitor implementation of the core international human rights treaties each State party to a treaty has an obligation to take steps to ensure that everyone in the State can enjoy the rights set out in the treaty Currently, there are 9 human rights treaties, and 1 optional protocol, from which 10 treaty bodies have been established the bodies are composed of independent experts of recognized competence in human rights, nominated and elected for fixed renewable terms of 4 years by State parties
survival migration
this concept expands the definition of a refugee beyond thee experience of persecution to include the experience of deprivation of economic/social rights refugeehood, then, is about failing to experience a certain threshold of rights rather than solely experiencing or fearing persecution state protection is absent because of failure to redress deprivation should those who flee economic deprivation qualify for refugee status?
Steps to be taken under ICESCR
to achieve the full realization of this right, states should work towards -the reduction of the stillbirth-rate & of infant mortality & for the healthy development of the child -the improvement of all aspects of environmental & industrial hygiene -the prevention, treatment & control of epidemic, endemic, occupational & other diseases -the creation of conditions which would assure to all medical services & medical attention in the event of sickness
Goal of CEDAW
to go beyond existing human rights conventions, many of which nominally entitle the equal application of their respective HRs law to men and women, it seek to provide more focused protection of rights for women Drafters recognized that systematic obstacles originating int he historic discrimination faced by women in all societies have inhibited the equal application of international human rights laws The essence of CEDAW (Art 1) is to focus on the elimination of such discrimination, in all its forms, that has either the "purpose" or "effect" of limiting women's full participation & development in their respective societies
States to take measure to end discrimination
to incorporate the principle of equality of men and women in their legal system, abolish all discriminatory laws and adopt appropriate ones prohibiting discrimination against women to establish tribunals to ensure the effective protection of women against discrimination to ensure elimination of all acts of discrimination against women by persons, organizations or enterprises CEDAW provides the basis for realizing equality between women and men through equal access to and equal opportunities in political and public life (voting education, health and employment) States agree to pass legislation to enable women enjoy all their rights
Hard laws in terms of international stuff, includes
treaties (a.k.a. conventions or international agreements) security council resolutions, customary international rules
The rules of International law is expressed in various ways
treaty law imposes obligation on states parties a dominant part of modern IL beside treaties, other docs and agreements guide the behavior of states but the international documents are not legally binding
Protracted Refugee Situations & Durable Solutions
two-thirds of refugees today have been displaced for over five years (protracted refugee situations) prolonged displacement reveals a failure of durable solutions (repatriation, local integration, third-country resettlement) protracted refugee situations result from the failure to address causes of refugee exodus
Kayibanda's Leadership
with a Hutu led government in place, after hundreds of years of Tutsi rule, the roles reversed Kayibanda's tenure witnessed an increasing exodus of Tutsi from Rwanda into neighboring nations Hutu power quickly became centralized and all Tutsis were removed from positions of power At this point, Tutsi rebellions occurred, which all failed, and Tutsi killings began Under Kayibanda, anti-Tutsi legislature was passed, wuch as the 10% quota for Tutsis, which applied to school and university seats, and the civil service
Can NGO participate in a State review?
yes, they can submit information which can be added to the "other stakeholders" report which is considered during the review. Information they provide can be referred to by any of the States taking part in the interactive discussion during the review at the Working Group meeting they can attend UPR Working Group sessions and can make statements at the regular session of the Human Rights Council when the outcome of the review are considered
The Ticking Bomb Scenario A senior law officer in New York facing a situation described below:
• The authorities have captured one of the leaders of a group of known terrorists. • The individual states that the group has concealed a bomb somewhere in New York. • There is intelligence that the bomb is going to go off very soon. • A large number of people will be killed unless the senior law officer and his team obtain critical information from the source they have captured • The leader of the group says that he knows where the bomb is. • This individual refuses to reveal the location. • Torture is believed to guarantee that this individual will produce the information needed to ensure the authorities find and make the bomb safe.
Respect: Negative obligations
e.g. torture, unfair trials
The Charter of the United Nations (also known as the UN Charter) of 1945 is the
foundational treaty of the United Nations, an intergovernmental organization
period of individual rights and freedom 1700 - 1900
freedom is for individual members of society American and French revolution occurred during this period
The Magna Carta protects the right of
guaranteed freedom for the English Church, with protection of the law for all free men and freedom from excessive fines and taxes freedom from excessive government control (more powerful version of the Charter appeared in 1297) Established freedom fro English citizens against tyrannical governments following John's death 1st and subsequent versions addressed numerous social issues derived from the feudal system
Security Council (UN)
has primary responsibility for maintaining international peace and security; 15 members, each with 1 vote Under UN Charter, all Member States are obliged to comply with Council decisions Council takes the lead in determining the existence of a threat to the peace or act of aggression It calls upon the parties to a dispute to settle it by peaceful means and recommends methods of adjustment or terms of settlement Can impose sanctions or authorize the use of force to maintain or restore international peace and security
distinction between human and civil rights
human rights is given simply by being a human being. civil rights is given by virtue of a legal grant of that right.
International distinction between civil rights and human rights
in an international framework, civil rights derive from the constitutions or law of each country, while human rights are considered universal to all human beings the international community are less likely to take action to enforce a nation's violation of its own civil rights, but more likely to respond to human rights violations human rights are universal in all countries while civil rights may vary from one nation to the other. No nation may rightfully deprive a person of a human right but different nations can grant or deny different civil rights and liberties
The full scope of human rights
is actually very broad and includes choice and opportunity; freedom to get a job, adopt a career, select a partner, etc. also the right to travel, work gainfully without harassment, abuse and treatment of arbitrary dismissal
limits of negative rights
it still needs theoretical and material supports that the government have to be actively involved in so it's not really a thing that the government can stay away from
Positive Law
laws that have been duly enacted by a properly instituted and popularly recognized by a branch of government it may be promulgated, passed, adopted, "posited" by an official or entity vested with authority by the govt to prescribe the rule and regulation for a particular community it's any express written command of the govt; that the only legitimate source of law are those written rules and regulations laid by the government
Purpose of the Magna Carta
limit the power of the king so that land owners and gentry is protected from unfair taxes. the Barons forced the king to sign the charter because he raised taxes without consulting land owners Also because the war that they were being taxes without consent for failed. the peasants and lower class also accused King John of treating them unfairly.
the concept of natural law is closely related to the concept of
natural rights
1st generation rights
negative rights, government should not interfere with individual liberties "civil-political" rights deal with liberty and participation in political life they're strongly individualistic and negatively constructed to protect the individual from the state they draw from these articulates in the US States Bill of Rights & the Declaration of the Rights of Man & Citizen in the 18th century Civil-political rights have been legitimized & given status in international law by Articles 3-21 of the UDHR & the ICCPR Examples would be freedom of expression, freedom from torture
ICCPR (International Covenant on Civil and Political Rights)
(International Covenant on Civil and Political Rights) The agreement completed in 1966 and in force from 1976 that details the basic civil and political rights of individuals and nations. Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of December 16, 1966 and entry into force on March 23, 1976, in accordance with Article 49
UDHR Article
1-2 are universal foundation of human rights 3-21 are civil and political rights for all 22-27 are Ecosoc rights 28-30 are legal protective framework and international order enabling human rights, art 29 obligations, art 30 on interpretation that is contrary to the purpose and principles of the United Nations
Precursors to today's human rights documents
1. Magna Carta (1215) 2. The Petition of Rights (1628) 3. The US Constitution (1787) 4. The French Declaration of the Rights of Man and of the Citizen (1789) 5. US Bill of Rights (1791)
Further steps for States to commit to human rights treaties
1. preliminary studies 2. preparing the draft 3. negotiations 4. consultations with governments 5. consultations with the public and nongovernmental actors 6. debate at the general assembly
Secretariat (UN)
1/5 of main bodies of UN- Carries out the substantive and administrative work of the UN as directed by the General Assembly, the Security Council and the other organs. The head of the Secretariat is the Secretary-General, who provides overall administrative guidance. Services the other principal organs and carries out tasks as varied as the issues dealt with by the UN: administering peacekeeping operations, surveying economic and social trends, preparing studies on human rights, etc.
negative rights are often associated with
1st generation of rights (civil and political rights)
positive rights are associated with
2nd and 3rd generations rights (ESC and collective rights)
Enlightenment
A movement in the 18th century that advocated the use of reason in the reappraisal of accepted ideas and social institutions.
mass atrocity crimes
A term used to describe crimes of a very large scale, when the cause of death is via deliberate criminal means it's not any natural disasters
Declaration of the Rights of Man and of the Citizen (1789)
Bastille was a prison that was stormed by an angry mob. the prison was seen as a symbol of the monarchy's abuses of power the declaration proclaim that all citizens are to be guaranteed the rights of liberty, property, security, and resistance of oppression
US Bill of Rights Dec 15, 1791
Constitution protects basic freedom of US citizens limits the powers of the federal government and protect the rights of all citizen, residents and visitors in American territory protects freedom of speech, of religion, and the right to keep and bear arms, the freedom of assembly and the freedom to petition prohibits unreasonable search and seizure, cruel and unusual punishment and compelled self-incrimination
General Assembly (UN)
Deliberating, policy making and representative organ. Provides forum for multilateral discussion of international issues, including peace and security 193; 2 observer states (Holy See and Palestine) Begins year long general debate in Sep 3rd Committee: Examines human rights issues, receives reports of the HRC/special procedures, women, refugees, children, racial discrimination Assembly approves these resolutions; decisions not legally binding Every member of the UN has a seat in the General Assembly Resolutions adopted by the General Assembly are not legally binding
Trusteeship Council (UN)
Established 1945 by the UN Charter to provide international supervision for 11 Trust Territories placed under the administration of 7 Member States Ensure that adequate steps were taken to prepare the Territories for self-government and independence by 1994, all Trust Territories had attained self-government or independence. Its work completed; the Council has amended its rules of procedure to meet as and where occasion may require
English Bill of Rights (1689)
Established freedom from taxation without representation, outlawed cruel and unusual punishment, guaranteed the right to bear arms, and many other rights. Many of these same rights are included in the U.S. Constitution.
human rights
Every person is entitled to certain rights—simply by the fact that they are a human being. They are rights because they are things you are allowed to be, to do or to have. These rights are there for your protection against people who might want to harm or hurt you. They are also there to help us get along with each other and live in peace. these rights are held by all persons equally, universally & forever. they're basic standards without which people cannot live in dignity. violating someone's rights to treat that person as through he or she were not a human being. there's a total of 30 human rights and are listed out in the universal declaration of Human Rights
Natural law
God's or nature's law that defines right from wrong and is higher than human law they called human rights this in the past this concept arose, in observation of the fact that people tend to follow certain unwritten laws in the course of life
3rd generation rights
Group or solidarity rights. These rights are not universally accepted. E.g. the right to have a healthy environment. "collective-developmental" rights of peoples and groups these rights align with the tenet of "fraternity" they constitutes a broad class of rights that have gained acknowledgement internationally but expressed largely in aspirational documents or "soft law"
Fundamental principles of human rights
Respect: each person is a moral and rational deserving of being treated with dignity. Responsibility not to infringe on others' rights and to support the abused Inalienable: unable to be taken away from or given away by the possessor. inviolable, absolute, sacrosanct, not transferable. Non-negotiable, you can't lose it. Caveat: specific situations Indivisible: incapable of division in reality or thought. Post 1945; Discussions on how to codify principles of rights, following UDHR. Through 2 Clusters, not divisible Interdependent: part of a complementary framework. Element of distinctness. Enjoyment of one or a group requires the enjoyment of others. This depends on other rights to function effectively Interrelated: the rights come from the same legal foundation Universal: everyone is born with and possesses the same rights, regardless of country of residence, gender or race, religion, culture, ethnicity regardless of political, economic or cultural system. This is the cornerstone of international human rights, restated in many treaties Equality and non-discrimination: cross cutting principle in international humanitarian law; central themes of some treaties (e.g. CEDAW) sex, race, color, etc. Art 1 UDHR. this means that this persist even during wars. So if Japan was fighting China they're still expected to treat prisoners of war fairly and humanely Participation: people have a right to participate in how decisions are made regarding protection of their rights. Includes but is not limited to having input on government decisions about rights. To ensure human rights, governments must engage and support the participation of civil society on these issues. Accountability: government should create mechanisms of accountability for the enforcement of rights. it's not enough that rights are recognized in domestic law or in policy rhetoric, there should actually be effective measures put in place so that the government can be held accountable if those rights standards are not met Transparency: government should be open about all information and decision-making processes related to rights. People must be able to know and understand how major decisions affecting rights are made and how public institutions, such as hospitals and schools, which are needed to protect rights, are managed and run.
Security Council (UN) promote peace by
Sending UN Peace keeping missions to help reduce tensions, keep factions apart, create conditions for peace Economic sanctions, e.g. trade embargoes, arms sanctions Appoint special reps or request Sec Gen to do so Sets up Commissions of Inquiry, refers to situations to the International Criminal Court Can issue ceasefire directives to prevent hostiles Persistent violators of the UN Charter may be expelled
ICESCR (International Covenant on Economic, Social, and Cultural Rights)
Stressed the protection and promotion of positive economic, cultural, and social rights that government should provide its people was adopted by the UN
1789
The first instances where the term human rights was used in France. everyone is entitled to these rights and is not determined by status
Because of the intersection between natural law and natural rights, natural law has been cited as a component in the
US Declaration of Independence, and claimed by natural law proponents thus to be incorporated into its constitutions Natural laws are rights that people supposedly have under natural law. The US declaration of Independence lists life liberty and the pursuit of happiness as natural rights
Elenary Roosevelt - President Franklin Roosevelt's widow drafted the document that became the
Universal Declaration of Human Rights She referred the declaration as the international Magna Carta for all mankind it was adopted by the UN on December 10, 1948
As a concept human rights were conceived shortly after
WWII in regards toward the treatment of Jews and other groups by the Nazis the UN general Assembly adopted the UDHR in 1948, cementing their foundation in international law and policy
negative right
a right not to be subjected to an action of another person or group; it permits or oblige inaction it requires government to refrain from doing things. E.g. to enjoy having the right to freedom of association, government merely needs to refrain from obstructing them it's immediately implementable hard to determine who's responsible for these rights such as right to food, work or education
optional protocol
an additional legal instrument that complements and adds to an existing treaty it's considered optional because it will not be automatically binding on those States that ratified the main treaty Exception: CRC Optional protocol on the involvement of children in armed conflict, to which any state may accede They're treaties in their own rights and are open to signature, accession/ratification by States that are party to the main treaty May be drafted at the same time as the main Treaty, or after the main treaty has entered into force
Key human rights terms
ascension, adoption, article, charter, convention, declaration. deposit, enter into force, opened for signatures, optional protocol, instruments, standards, ratification, domestication, covenant, treaty, preamble, succession, reservation, state party
Natural law is a philosophy asserting that
certain rights are inherent by virtue of human nature, endowed by nature - traditionally by God or a transcendent source - and that these can be understood universally through human reason. It's implied to be objective and universal; existing independently of human understanding it refers to the use of reason to analyze human nature to deduce binding rules of moral behavior from nature's or God's creation of reality and mankind
United Nations
their purpose was to reaffirm faith in fundamental human rights, in the dignity and worth of the human person. was formed to protect and promote peace and to fashion an international body to promote peace and prevent future wars The Charter of the UN went into effect on Oct 24, 1945
A Treaty is an
official, expressly written agreement that states use to legally bind themselves the official document which expresses that agreement in words and it is also the objective outcome of a ceremonial occasion which acknowledges the parties and their defined relationships it's essentially a written contract that two parties willingly agree to. It's official. The subjects of treaties span the whole spectrum of international relations: peace, trade, independence, reparations, territorial boundaries, human rights, immigration, etc.
positive rights require
others (the state and its agents) to protect and fulfill our rights (take action; activity-based)
negative rights require
others (the state and its agents) to respect our rights and abstain from interfering with our actions or rights (don't take action; non-interference)
Petition of rights
produced in 1628 by the English Parliament and sent to King Charles I as a statement of civil liberties. Initiated by Sir Edward Coke, it was based upon earlier statutes and charters; it asserted 4 principles 1. no taxes levied without consent of Parliament 2. No subject may be imprisoned without cause shown 3. No soldiers may be quartered upon the citizenry 4. Martial law may not be used in time of peace
2nd generation rights
related to equality and began to be recognized by governments after World War II. They are fundamentally economic, social, and cultural in nature. They guarantee different members of the citizenry equal conditions and treatment. they're not rights directly possessed by individuals but constitute positive duties upon the government to protect and fulfill them They're embodied in Articles 22-27 of the UDHR and are also enumerated in the ICESCR
Human rights are based on the principle of
respect for the individual each person is a moral and rational being who deserves to be treated with dignity
states assume obligations and duties under international law to
respect, to protect, and to fulfill human rights Respect: States must refrain from interfering with or curtailing the enjoyment of rights (inaction) Protect requires states to protect individuals and groups against human rights abuses (action) Fulfill means that States must take positive action to facilitate the enjoyment of basic rights (action)
procedural optional protocols
set out procedures pertaining to the treaty E.g. 1st OP to the ICCPR, the OP to the CEDAW, the OP to the CRPD and the OP to ICESCR each establishes complaint and inquiry mechanisms for individuals or groups claiming that their rights under the treaties have been violated OP to the CAT sets out an international inspection system for places of detention
Substantive optional protocol
some OPs address a substantive area related to a treaty E.g. 2nd OP to the ICCPR builds on ICCPR (art 6) by setting out procedures for ensuring that State Parties are adhering to the abolition of the death penalty OP to the CRC on the Involvement of Children in Armed Conflict elaborates on art 38 of the CRC by delineating the duties of State Parties in ensuring that children do not take a direct part in armed conflict hostilities OP to the CRC on the Sale of Children, Child Prostitution and Child Pornography builds on art 34 of the CRC by outlining the standards for international law enforcement of these crimes
in reality negative rights
still need to be supported by the government in some way or form. For example, freedom of speech still requires the creation and protection of the social/institutional space for free speech
protect: positive obligations
stop 3rd parties from violating rights e.g. companies, child labor; judges: bribery, employers: working conditions, living wages (State as guarantor)
UN secretariat regarding rights/Geneva Priorities
strengthening int'l rights mechanisms enhancing equality and countering discrimination combating impunity and strengthening accountability and the Rule of Law protecting rights in situations of conflict, violence and insecurity supporting Charter and Treaty based rights bodies
References to natural law are found in
the Old and New Testaments of the Bible, later expounded upon in the Middle Ages by Christian philosophers
Modern natural law theories were greatly developed in
the age of Enlightenment, combining inspiration from Roman law with philosophies like social contract theory.
The term 'natural law' is derived from
the belief that human morality comes from natural. Everything in nature has a purpose, including humans. Simply put, any law that is good is moral, and any moral law is good E.g. acts of violence, like murder, work against people's natural inclination to live a good and innocent life. Killing another person is forbidden by natural law, no matter the circumstance, as it goes against the human purpose of life
natural rights
the idea that all humans are born with rights, which include the right to life, liberty, and property
positive right
the right to be subjected to an action of another person or group; permits or obliges actions this requires government to do a considerable amount. E.g. right to health requires the building of health institutions or to connect a citizen to a doctor this requires progressive realization to implement rights not as justiciable as negative rights, that is, it's not immediately clear who has the responsibility for ensuring the enjoyment of a positive right
What's the initial step for states to commit to human rights treaties
they need to check off a few question What needs the instrument will meet, examining existing legal regime and its applicability to the perceived problem the likelihood of success for the agreement to be reached optimal form of the instrument whether it treaty or declaration will a sufficient number of states accept it anticipated time schedule for the project expected cost to the UN and participating states
Reality of human rights
they're not permanent (the observance of it). you think that throughout the ages there's an upward trend in human rights but in reality there's up and downs in human rights being made and being violated
responsibility to educate is put on the individual state because
they're the guarantees of our rights
The UN System
to become a member, a state requires affirmative votes from at least 9 of the Security Council's 15 members, with no veto against; then approved in the GA by a 2/3 majority vote Admission criteria for admitting new members are set out in the UN Charter, Chapter II, Article 4
Basic principles of human rights
universality indivisibility participation accountability transparency equity and non-discrimination
