Human Rights Search: Basic Documents United Nations Charter 1945 Article 55United Nations Charter Universal Declaration of Human Rights 1948Universal Declaration.

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Presentation transcript:

Human Rights Search: Basic Documents United Nations Charter 1945 Article 55United Nations Charter Universal Declaration of Human Rights 1948Universal Declaration of Human Rights International Covenant on Civil and Political Rights 1966International Covenant on Civil and Political Rights International Covenant on Economic, Social and Cultural Rights 1966International Covenant on Economic, Social and Cultural Rights

Human Rights Search: Recommended Sources University of Minnesota Law Library HR WebsiteUniversity of Minnesota Law Library HR Website United Nations High Commissioner for Human RightsUnited Nations High Commissioner for Human Rights

The Humanitarian Law of Armed Conflict: Sources of law The Hague Conventions and Declarations of 1907 The Nuremberg Charter of 1945 The Geneva Conventions of 1949 Protocol Additional to the Geneva Conventions of 1949

Geneva and Hague Conventions Protection of Individual –Combatants –Wounded, Sick and Shipwrecked Combatants –POW –Civilians Protection of Property –Military Installations –Civilian Populace –Areas with Special Protection Lawyer Discusses Implications of New Detainee Law Lawyer Discusses Implications of New Detainee Law NPR audio Yoo Defends Detainee Measures as 'Rules of War‘Yoo Defends Detainee Measures as 'Rules of War‘NPR audio Letters: Strong Response to John Yoo Interview Letters: Strong Response to John Yoo Interview NPR audio

Regional Human Rights Law and Institutions European System –The European Convention on Human Rights –European Commission of Human Rights –European Court of Human Rights (not to be confused with ECJ, they are difference court!) –Committee of Ministers of the Council of Europe Inter-American System –The OAS Charter of 1948 –The American Declaration of the Rights and Duties of Man of 1960 African Regional System –African Charter of Human and People’s Rights of 1986

European Convention of Human Rights Don’t mistake it for EU. ECHR and EU are related, but difference organizations. –The Council of Europe –The Council of European Union ECHR

Peck v. United Kingdom European Convention of Human Rights ARTICLE 8 Everyone has the right to respect for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. ARTICLE 13 Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.

ENFORCEMENT OF HUMAN RIGHTS LAW IN THE U.S. AND OTHER DOMESTIC COURTS Because the United States has failed to ratify so many human rights treaties, enforcement of human rights largely depends on the incorporation of custom into U.S. law by the courts. (Ref. Linda A. Malone, International Human Rights) Hand out (excerpt from Malone’s book: International Human Rights, 2002)Hand out