1. Marko Milanovic, University of Cambridge ATHA Training, June 2010

2.  A body of international law which protects the rights of individuals as individuals, stemming from their inherent human dignity; universality v. cultural relativism  Limitation on state sovereignty  UDHR preamble “Whereas 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, Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,...”

3.  Natural law; domestic instruments, such as the US Bill of Rights, or the French Declaration  Classical international law: individuals are not subjects, but objects of internal law (Oppenheim)  WW II – a revolution; same moral and ideological basis as international criminal law

4.  UDHR 1948 – reflective of custom, but custom is in this particular case as vague as it could possibly be  ECHR 1950, ACHR 1969, Banjul Charter 1981  ICCPR and ICESCR 1966  CERD 1966  CEDAW 1979  CAT 1984  CRC 1989  Numerous other treaties, universal and regional  Importance of jurisprudence

5.  Civil and political rights v. socio-economic rights  Individual v. collective rights (e.g. self- determination)  Generations of rights  Human duties?

6.  Though individuals are the bearers of rights, it is states only who bear the obligations, as least under the treaties  Art. 2(1) ICCPR Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.  Art. 2(1) ICESCR 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.

7.  Absolute (few) v. qualified (most)  Art. 3 ECHR No one shall be subjected to torture or to inhuman or degrading treatment or punishment.  Art. 10 ECHR Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

8.  Balancing/proportionality  Margin of appreciation  Living instruments and evolutionary interpretation  Subsidiarity; state obligation to provide effective domestic remedies, and the individual’s obligation to exhaust them

9. In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law. No derogation from Article 2, except in respect of deaths resulting from lawful acts of war, or from Articles 3, 4 (paragraph 1) and 7 shall be made under this provision. Any High Contracting Party availing itself of this right of derogation shall keep the Secretary General of the Council of Europe fully informed of the measures which it has taken and the reasons therefor. It shall also inform the Secretary General of the Council of Europe when such measures have ceased to operate and the provisions of the Convention are again being fully executed.

10. In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant 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 solely on the ground of race, colour, sex, language, religion or social origin. No derogation from articles 6, 7, 8 (paragraphs 1 and 2), 11, 15, 16 and 18 may be made under this provision. Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform the other States Parties to the present Covenant, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and of the reasons by which it was actuated. A further communication shall be made, through the same intermediary, on the date on which it terminates such derogation.

11.  Universal system ◦ Political bodies; UNSC, GA, Human Rights Council ◦ Treaty bodies: e.g. Human Rights Committee, CERD, CEDAW. CAT, etc. ◦ Periodic reporting ◦ Interstate complaints – treaty bodies; ICJ and arbitration ◦ Individual complaints  Regional systems ◦ Interstate complaints ◦ Individual complaints (ECtHR in 2010 120.000 pending cases, 60.000 new applications in 2009)