1. International Law: Unit 6 Human Rights Mr. Morrison Fall 2005

2. International Law: Unit 6 Human Rights2 Limits of traditional law Foreign States could protect only their own citizens against human rights violations Some concept of “humanitarian intervention” limited to marginal States

3. Fall 2005 International Law: Unit 6 Human Rights3 Modern International Law UN Charter Universal Declaration of Human Rights The 2 Covenants Other Human Rights Treaties Regional Human Rights Protections Other protections

4. Fall 2005 International Law: Unit 6 Human Rights4 Human Rights provisions in the UN Charter Preamble “to reaffirm faith in fundamental human rights” Purposes art. 1(3) “To achieve international co-operation... in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion;... “

5. Fall 2005 International Law: Unit 6 Human Rights5 Human Rights provisions in the UN Charter Economic and Social Council art. 62(2) “It may make recommendations for the purpose of promoting respect for, and observance of, human rights and fundamental freedoms for all.”

6. Fall 2005 International Law: Unit 6 Human Rights6 The International Bill of Rights Universal Declaration of Human Rights Two Covenants Covenant on Economic, Social, and Cultural Rights Covenant on Civil and Political Rights

7. Fall 2005 International Law: Unit 6 Human Rights7 Universal Declaration of Human Rights Adopted by GA in 1948 A “common aspiration” Not originally intended as binding law Written in broad form Not highly specific No implementation measures To what extent has it become customary law?

8. Fall 2005 International Law: Unit 6 Human Rights8 The Covenants Adopted by GA 1966 Divided into two documents Civil and political—1 st generation rights Economic, social—2 nd generation rights Much more detailed provisions Provisions for implementation Institutions: the Committees

9. Fall 2005 International Law: Unit 6 Human Rights9 Implementation of the Covenants Committee of experts General Comments interpreting Covenant Initial and periodic national reports art 40 ICCPR Review by Committee Special Rapporteurs

10. Fall 2005 International Law: Unit 6 Human Rights10 Implementation of the Covenants Optional State-State complaints art. 41 Only if both States have agreed to this Efforts to reach satisfactory solution Individual complaints Optional Protocol ICCPR only Only if the State has agreed to this Must exhaust domestic remedies; not be anonymous Confidential proceeding Only a recommendation

11. Fall 2005 International Law: Unit 6 Human Rights11 Other early treaties Genocide Convention, 1948 Primarily a prohibition; no institutions Convention on the Elimination of All Forms of Racial Discrimination, 1965 Structured like Covenants Focuses on racial discrimination

12. Fall 2005 International Law: Unit 6 Human Rights12 Later treaties Convention on the Elimination of All Forms of Discrimination Against Women, 1979 Convention on the Rights of the Child, 1989 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984

13. Fall 2005 International Law: Unit 6 Human Rights13 Common threads of human rights treaties Creates an international right/duty Thus defeats a “domestic jurisdiction” argument Treatment of own citizens thus becomes concern of other countries

14. Fall 2005 International Law: Unit 6 Human Rights14 Common threads of human rights treaties Implementation by reporting/committee Periodic reports; public scrutiny Commentary by experts through Review of adequacy of national reports Review of special situations General comments No committee under Genocide Convention

15. Fall 2005 International Law: Unit 6 Human Rights15 Common threads of human rights treaties Limited ability for examination of individual cases On complaint of another State (ICCPR optional art. 41) On complaint of individuals (ICCPR Optional Protocol)

16. Fall 2005 International Law: Unit 6 Human Rights16 Other UN Human Rights Bodies Economic and Social Council Human Rights Commission Subcomission on Minorities General Assembly can also take up human rights issues

17. Fall 2005 International Law: Unit 6 Human Rights17 Regional Human Rights Protections—Europe European Convention on Human Rights 1 st generation rights (civil and political) Even more detailed than ICCPR Implementation before European Court of Human Rights Evolution of this remedy (from political to legal) Suit against State for failing to protect right, not an appeal Required to be part of Council of Europe

18. Fall 2005 International Law: Unit 6 Human Rights18 Regional Human Rights Protections—Europe European Social Charter 2 nd generational rights—social, economic Implementation is more political/diplomatic Helsinki Accords “Confidence building,” not a binding treaty

19. Fall 2005 International Law: Unit 6 Human Rights19 Regional Human Rights Protections—Americas American Convention on Human Rights Commission Court Jurisdiction issues

20. Fall 2005 International Law: Unit 6 Human Rights20 Regional protection of Human Rights—Africa African Charter on Human and Peoples’ Rights Addition of community rights Recognition of social duties