Main title Subheading Using the international human rights system

About BIHR We are a national charity aiming to bring human rights to life in the UK by: Raising awareness of human rights Building capacity to use human rights based approaches Influencing policy change

Context/ aims NEP and BIHR Guide for the VCS – Using international human rights Want to bring this to life and inspire you to use it! Aim to increase awareness and understanding of the system and how you can engage with it to make a difference to your work

Overview The ideas What are human rights, where do they come from and why do they matter? International law What are they key parts of the international human rights system and how do they work? The practice How can you use it? Case studies and practical examples.

Main title Subheading The ideas

Which human rights are being taken away in these photos?

Human rights are…… A set of rules for governments According to common values Now set down in law Developed over centuries To respect and protect individuals

Key ideas Belong to everyone Cannot be given, only claimed Cannot be taken away Are a set of basic, universal standards

Shift from needs to rights A right “is something to which one is entitled solely by virtue of being a person … enables a person to live with dignity … can be enforced … and entails government obligation.” A need “is an aspiration that can be quite legitimate but not necessarily associated with an obligation by government to cater to it. The satisfaction of a need cannot be enforced. Human rights make the difference between being and just merely existing” From UNDP Poverty Practice note

Universal Declaration of Human Rights ARTICLE 1 ‘ All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards each other in a spirit of brotherhood.’

Creation of a human rights system Civil and political rights Economic, social and cultural rights The roots: Ancient philosophies, religion, revolutions, social movements etc UDHR Women Children Migrant workers Disabled People No Torture

Main title Subheading The law

UK Government e.g. International human rights treaties e.g CEDAW (Convention on the Elimination of Discrimination against Women, CRC (Convention on the Rights of the Child) European Convention on Human Rights 1950 Human Rights Act 1998 United Nations Council of Europe

State obligations State parties have obligations to: Respect human rights – i.e. refrain from interfering with the enjoyment of rights Protect human rights – i.e. prevent rights abuses by third parties Fulfil human rights – i.e. pro-actively engage in activities that strengthen access to and realisation of rights.

Different international human rights ‘mechanisms’ International Treaties (Conventions) Monitoring Committees Other UN instruments (p40 guide) Other ‘procedures’: –Special Rapporteurs –Universal Periodic Review –UN High Commissioner for Human Rights (Navi Pillay)

List of International Human Rights treaties 1.International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR), Convention on the Elimination of Racial Discrimination (CERD), Convention on the Elimination of Discrimination Against Women (CEDAW), Convention Against Torture (CAT), Convention on the Rights of the Child (CRC), Convention on Migrant Workers (CMW), 1990 (The UK has not signed up to this Convention) 8.International Convention on the Rights of Persons with Disabilities (ICRPD), International Convention for the Protection of All Persons from Enforced Disappearance (ICPED), 2006 (The UK has not signed up to this Convention)

UK and International treaties Some facts! UK signed and ratified all except for: Migrant Workers and Enforced Disappearances UK first governments to sign one on Persons with Disabilities but only ratified on 8th June 09 Only 2 countries haven’t ratified the Children’s Treaty- do you know which ones?

Sign or Ratify? Sign a treaty - not legally binding, but expressing agreement. Ratify a treaty- legally binding. Must submit report to committees to prove you are following the duties in the treaty.

Enforcing and monitoring rights 1.Govt Reports by states to UN treaty monitoring committees (international) 2.Committee sessions 3.Concluding observations 4.Complaints by individuals to UN committees (limited e.g CEDAW)

Group Activity Looking at the specific rights in some of the treaties and linking them to your work/issues.

Main title Subheading Engaging with the human rights system

How can you engage with international human rights? Raise awareness – tell people about them! Influence the UN Committees Hold the government and public bodies to account Campaign and lobby for stronger human rights protection Advocate for human rights

Influencing the committees Shadow reporting Submitting evidence Meeting the committees Attending committee sessions as an observer Assisting the government with drafting their official reports Example – French CAT report example

Extract from Franciscans shadow report “ Franciscans International would like to draw the attention of the Committee against Torture to the situation of elderly persons in institutions and, in particular, to the significant level of mistreatment that occurs in therein. Based on a sample of 496 calls received in 2007 concerning cases of the mistreatment of elderly persons in institutions, ALMA reveals that 44% of cases of repeated mistreatment concerned private establishments, whereas at least 36% of the cases were registered in public institutions.”

The reporting cycle

Holding the state to account Rich source of material for lobbying and campaigning work, e.g. Concluding observations General comments Powerful language Example – Participation and Practice of Rights project

Individual action-planning Pick a treaty which is relevant to your work. What could you do to engage in the reporting cycle Think about: -date of next government report, -what information you could send to the committee, what evidence you have, -who you could partner with

Some tips- table from p19 Have a look at the website of the relevant committee (via Check the date that the UK is next due to report on the relevant treaty (see chapter 4). Find out if anyone else is planning to produce a report or is interested in getting involved. Have a look at the UK’s previous reports and the concluding observations. Can you get hold of a copy of the Government’s official report? Identify the issues that you want to raise, and recommendations on how the situation can be improved. Make sure the information you include is clear, relevant and concise. Remember to find out how and when to submit your report.

Consultation… What would help you or your organisation to use human rights? Would a network of like-minded people help support you / your organisation to use human rights? What barriers are there to using human rights?