HUMR5140 Introduction to Human Rights Law Autumn 2011 Lecture 3: International Bill of Rights

Mid-term essay Consider the following statement: Human rights treaty bodies (both global and regional) are unable to respond adequately to systematic and large-scale human rights violations. Do you agree with such a statement? Discuss to what extent existing treaty supervision mechanisms – such as individual complaints, State reports, the European Court on Human Rights’ pilot-judgment procedure, inquiry procedures, or collective complaints – allow treaty bodies to respond adequately to such situations. Choose treaty bodies from at least one regional human rights treaty and at least two international human rights treaties in your essay.

Outline First hour: 1.What is the “International Bill of Rights”? 2.The typology of States’ obligations 1.To respect, to protect and to fulfil 2.Availability, accessibility, acceptability, adaptability 3.Obligations of conduct or of result 3.“Absolute” vs. “relative” rights 4.Immediate vs. progressive realisation Second hour: Movie: “5 pesos”, followed by discussion

THE INTERNATIONAL BILL OF RIGHTS

The International Bill of Rights A ‘Bill of Rights’ is a list of the most important rights of a particular group The OHCHR uses the term to include: –The Universal Declaration of Human Rights –The International Covenant on Civil and Political Rights (and the Optional Protocols) –The International Covenant on Economic, Social and Cultural Rights (and the Optional Protocol) The term itself has no legal implication

The Universal Declaration on Human Rights A ‘common standard of achievement’ Art. 1: All human beings are born free and equal Art. 2: The basic principle of non-discrimination Civil and political rights –Articles 3 to 21 –…which were subsequently elaborated in the ICCPR Economic, social and cultural rights –Articles 22 to 27 –…which were subsequently elaborated in the ICESCR Bridged the gap between ”East” and ”West”, but this gap re-emerged in the Covenants

THE TYPOLOGY OF STATES’ OBLIGATIONS

To respect, to protect and to fulfil To respect: The State should refrain from interfering with the enjoyment of rights To protect: The State should protect rights-holders against interference of their rights by other actors To fulfil: The State should take active (legislative, administrative, or other) steps towards the full realisation of the rights Alternative typology: –To avoid depriving –To protect people from deprivation by other people –To provide security or subsistence for those who are unable to provide it on their own (duty of aid) Positive and negative obligations

The “4 A’s” or “3 A’s” The Committee on Economic, Social and Cultural Rights –General Comment no. 13 (1999) on the right to education Availability: In sufficient quantity Accessibility: Accessible to everyone, without discrimination Acceptability: Relevant, culturally appropriate, and of good quality Adaptability: Flexibility –General Comment no. 19 (2008) on social security Availability Adequacy Accessibility

Obligation of result vs. obligation of conduct Conduct: Requires action reasonably calculated to realise the enjoyment of a particular right –Positive obligations; protect and fulfil Result: Requires States to achieve specific targets to satisfy a substantive standard –Negative obligations; respect

Indivisibility and interdependence No formal hierarchy of norms –A category of fundamental rights? Vienna Declaration 1993: ”All human rights are universal, indivisible and interdependent and interrelated.” Integrated interpretation?

ABSOLUTE VS. RELATIVE RIGHTS

Absolute rights Rights which must be respected at all times, and which cannot be restricted Not many –The prohibition against torture? –The right to life? –Double jeopardy?

Relative rights Most rights can be limited Different techniques: –Derogations in emergency situations (lecture # 9) –Inherent limitations in the provisions ICCPR Art. 6.1, “arbitrarily” ICCPR Art. 8.3, “shall not include” –Permissible limitations Condition of legality Condition of legitimacy Condition of proportionality

IMMEDIATE VS. PROGRESSIVE REALISATION

Immediate rights Rights that shall be implemented in full immediately after entry into force Negative obligations –What about positive obligations? Civil and political rights

Progressive realisation Economic, social and cultural rights Art. 2: “achieving progressively the full realization of the rights” Other techniques: –“The steps to be taken … to achieve the full realization” –Art. 10: “The widest possible protection” –Art. 11: “adequate standard” –Art. 12: “highest attainable standard”

Discussion Respect, protect, fulfil Absolute, relative Immediate, progressive Civil and political rights: –Art. 7, the prohibition against torture –Art. 9, the right to liberty and security Economic, social and cultural rights: –Art. 6, the right to work –Art. 7, working conditions –Art. 12, the right to health

VIDEO

Video The video we saw: «Heroisme au quotidien» The video we should have seen: «5 pesos» –Feel free to watch that video in study groups and discuss it in a similar manner

PREPARATION FOR NEXT LECTURE

Charter bodies Read the Concluding Observations of the Human Rights Committee to the Russian Federation, 24 November 2009Concluding Observations Read the Concluding Observations of the Committee on Economic, Social and Cultural Rights to the Russian Federation, 1 June 2011Concluding Observations Read the Report of the Working Group on the Universal Periodic Review of the Russian Federation, 5 October 2009Report Be prepared to discuss similarities and differences