International human rights instruments

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Presentation transcript:

International human rights instruments 1966 International Covenant on Economic, Social and Cultural Rights CESCR 1961 European Social Charter, revised 1996 ESC 1948 Universal Declaration of Human Rights UDHR 1966 International Covenant on Civil and Political Rights CCPR 1950 European Convention on Human Rights ECRH European Code of Social Security 1964 ILO conventions – eg. Social Security (Minimum Standars) Convention of 1952 No 102 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 1990 The Convention on Rights of the Child 1989 CRC The International Convention on the Elimination of All Forms of Discrimination against Women CEDAW International Convention on the Elimination of All Forms of Racial Discrimination CERD Additional protocol to the American Convention on Human Rights in the area of Economic, Social and Cultural Rights The African Charter of Human and Peoples´ Rights

Social rights and EU Treaty of Rome – equal pay + direct effect + horizontal effect 1989 Community Charter of the Fundamental Social Rights of Workers 1989 European Parliament: Declaration of Fundamental Rights and Freedoms art. 11 freedom of association, 12 of to choose an occupation, 13 working conditions, 14 collective social rights, 15 social welfare, 16 right to education Treaty of Amsterdam 1997 art 136: reference to both European Social Charter and 1989 Community Charter; "proper social protection" one of the objectives of the EU and its Member States and the "harmonisation of social systems" is mentioned as an expected out outcome Nice 2000 EU Charter on Fundamental rights relatively much attention to economic and social rights – albeit in varying level of precison art 34: "The Union recognises and respects the entitlement to social security benefits and social services providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and in the case of loss of employment" Treaty of Maastricht Protocol on Social Policy and an Agreement on Social Policy: To continue along the path laid down in the 1989 Social Charter (all members but UK)

European Social Charter The wording does not seem to provide genuine individual economic rights, but it addressed to state parties –still the committee of Independent Experts and gradually also the Governmental Committee says that such right exists major breakthrough in the international protection of social and economic rights as it moves away from the old idea of assistance, converting it from a stigmatizing "charity" to a right and prohibiting social and political discrimination against persons receiving assistance art. 16 guarantee certain specific forms of social security namely family benefits (16) art. 17 services for mothers and children art 14 protects the right to social welfare services art 23 right of elderly persons to social protection art. 30 protection against poverty and social exclusion Does not define proper level of social security Joint effect, art. 12: System of social security

Charter of Fundamental Rights of the European Union Art 1 Human dignity Art 25 The rights of the elderly Art. 26 Integration of persons with disabilities Art 34 Social security and social assistance Art. 35 Health care Art. 51 Scope Art 52 Scope of guaranteed rights Art. 53 Level of protection Art. 54 Prohibition of abuse of rights

Usefull links: http://www.europarl.eu.int/comparl/libe/elsj/charter/default_en.htm www.europarl.eu.int/charter/default_ en.htm (Fundamental Rights of the European Union) www.ecln.net/elements/euro constitutions.html (constitutions of the member states) http://europa.eu.int/comm/justice_home/unit/charte/index_enhtml http://www.europa.eu.int/comm/justice_home/cfr_cdf/index_en.htm (E.U.Network of Independent Experts on Fundamental Rights) http://ue.int/uedocs/cms_data/docs/2004/4/29/Explanation relating to the complete text of the charter.pdf www.europa.eu.int/comm/employment_social/social_policy_agensa/social_pol_agenda_en.html www.europa.eu.int/comm/employment_social/socialprotection/index_en.html