Presentation on theme: "Sources Of Human Rights"— Presentation transcript:
1 Sources Of Human Rights Week 4SourcesOfHuman Rights
2 Since the second world war international human rights law has been developingin an unpredictable way and has becomea basic part of international law as awhole International Organization, whoseconcern is directed on the human personor certain categories of human persons.
3 1- International instruments (General instruments). With the creation of the United Nations in 1945, after the violence against humanity of the Second World War, human rights became a matter of international concern.The international community recognized the need to develop commonly-agreed minimum standards for the treatment of persons by governments and agreed to take measures to safeguard human rights.
4 The UN Charter, an international treaty that is legally binding to all Member States, contains important provisions on human rights. The Charter recognizes international cooperation in promoting and encouraging respect for human rights for all as one of the purposes of the organization (Article 1).
5 The Charter states that the UN shall promote universal respect for and observance of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion (Article 55).By joining the United Nations, Member States pledge to take action in cooperation with the UN to achieve respect for human rights (Article 56).
6 In the framework of the United Nations, the international community has engaged in a process of setting standards for creating a legal framework for the effective promotion and protection of human rights.This has led to the development of numerous treaties, declarations, guidelines, and other instruments that detail the contents of human rights, the obligations of states, and the mechanisms to protect them and monitor their implementation.
7 Treaties, conventions, and covenants are legally binding documents. This means that if a state is party to a treaty, it has an obligation to take measures to protect and promote the rights contained therein.
8 The explanation of the generally-worded human rights clauses of the U The explanation of the generally-worded human rights clauses of the U.N. charter took the form of the International Bill of Human Rights, which contains:( 1 ) The Universal Declaration of human rights of1948.( 2 ) The International Covenant on Economic,social and cultural rights of 1966.( 3 ) The International Covenant on Civil andPolitical Rights of 1966.
9 These instruments present with a view for establishing a world-wide system for the promotion and protection of human rights, in recognition that " the dignity and the equal rights of all members of the human family is the foundation of freedom , justice and peace in the world ".
10 International Bill of Rights Among the many instruments developed by the international community, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights form what is known as the “International Bill of Rights.”The Universal Declaration of Human Rights, adopted by the United Nations General Assembly on 10 December 1948, represents the first comprehensive agreement among nations as to the specific rights and freedoms of all human beings.
11 The rights and freedoms of all human beings include civil and political rights, such as the rights to life, not to be subjected to torture, to liberty, to equality before the law, to a fair trial, to freedom of movement, to assembly, to asylum, to freedom of thought, conscience, religion, opinion and expression, and others.They also include economic, social and cultural rights, such as the rights to food, clothing, housing and medical care, to social security, to work, to equal pay for equal work, to form trade unions, to education, and others.
12 The Declaration is not, by itself, a legally binding document (unlike the UN Charter and other international treaties).It contains legal, moral, and philosophical beliefs believed by all people, it has a very strong moral and political authority.However, some of its provisions (for example, the right to life, the prohibition of torture, and others) are considered to be part of customary international law and are legally binding for all states.
13 The two International Covenants are treaties (The International Covenant on Economic, social and cultural rights of 1966.The International Covenant on Civil and Political Rights of 1966).They sets legal obligations on statesparties. Most UN Member States haveratified the two Covenants, thus committingto take action to ensure that the rightsguaranteed by these treaties are effectivelyimplemented and enjoyed by people undertheir jurisdiction.
14 2- Regional Instruments Other instruments, covering a large number of human rights, have been drown up at the regional level .They are treaties that are developed within a specific region and are open for ratification only to the states belonging to that region.
15 Europe, and the Americas: So far, there are human rights treaties for Africa,Europe, and the Americas:(1) The American declaration of the rights andduties of man of 1948.And the American convention on humanrights of 1969.(2) The European convention of human rightsand fundamental freedoms of 1950 with itsfive protocols and European social charterof 1961.
16 (3) The African Charter on human and people's rights of 1981. "The regional convents represent an effort by the States concerned to try out new methods of realizing human rights in practice, and that, from this point of view, they are justified".
17 3- Specific instruments There are also some specific instruments such as:( 1 ) The convention on the prevention and punishment of the crimeof Genocide of 1948.( 2 ) The international convention on the elimination of all forms ofracial discrimination of( 3 ) The international convention on the suppression and punishedof the crime of Apartheid of( 4 ) The convention of the elimination of all forms of discriminationagainst women of( 5 ) The conventions and recommendation of the International LaborOrganization.( 6 ) The conventions of the U.N.E.S.C.O(Convention for the protection of cultural property in the event ofarmed conflict – the convention against discrimination in education)