International HR Law International HR Law Historical development Historical development Institutional framework Institutional framework Principal instruments.

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Presentation transcript:

International HR Law International HR Law Historical development Historical development Institutional framework Institutional framework Principal instruments Principal instruments Rights and Freedoms Rights and Freedoms Themes/category of protected persons Themes/category of protected persons Monitoring and enforcing Monitoring and enforcing

I. Historical Development/Thoeries 1. Origins of HR  Natural rights doctrine ( Locke, Hobbes )  Social rights doctrine ( Rousseau, Bentham, Fichte, Hegel) 2. Theoretical frameworks 3. Nature, scope and purpose of HR 4. Evolution of contemporary HR  International, regional and national evolution 5. Purpose of HR

II. Instutional Framework 1. International  UN  G. A. ECOSOC,Commission on HR, high commissioner, etc u Other bodies  Treaty bodies, 1503 procedures, etc 2. Regional u Various existing systems u Asia 3. National u National bodies 4. Merits and disadvantages of International and regional systems (problems of consensual approach,etc)

III. Principal Instruments 1. Major international and regional HR treaties u UDHR / ICESCR / ICCPR / CERD / CAT /CEDAW / CRC / MWC The Convention on the Elimination of All Forms of Racial Discrimination The Convention on the Elimination of All Forms of Racial Discrimination The International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights The Optional Protocol to the International Covenant on Civil and Political Rights The Optional Protocol to the International Covenant on Civil and Political Rights The Second Optional Protocol to the International Covenant on Civil and Political Rights The Second Optional Protocol to the International Covenant on Civil and Political Rights The International Covenant on Economic, Social and Cultural Rights The International Covenant on Economic, Social and Cultural Rights The Convention on the Elimination of All Forms of Discrimination Against Women The Convention on the Elimination of All Forms of Discrimination Against Women Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women

The Convention Against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment The Convention Against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment The Convention on The Rights of the Child The Convention on The Rights of the Child Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families Convention on the Rights of Persons with Disabilities Convention on the Rights of Persons with Disabilities Optional Protocol to the Convention on the Rights of Persons with Disabilities Optional Protocol to the Convention on the Rights of Persons with Disabilities International Convention for the Protection of All Persons from Enforced Disappearance International Convention for the Protection of All Persons from Enforced Disappearance

2. Drafting process 3. Nature of Rights u Universal / groups u Aspirational / immediate  Nature of obligations, overlapping obligations in various instruments  Classification of rights  Universalism and cultural relativism

IV. Rights and Freedoms IV. Rights and Freedoms 1. Detailed examination of themes u Women, children, etc 2. Detailed examination of selected rights and freedoms u Right to education, right to life, freedom from torture, etc 3. Overlapping and complementary rights and freedoms  evolution of substantive law  need to refer to treaty articles, general comments, state reports and concluding observations  communications

V. Category of Protected Persons 1. Women 1. Women 2. Children 2. Children 3. Minorities and Indigenous Peoples 3. Minorities and Indigenous Peoples 4. Refugees 4. Refugees 5. Non-nationals and Stateless Persons 5. Non-nationals and Stateless Persons 6. Prisoners / The suspected / Victims of Crime 6. Prisoners / The suspected / Victims of Crime

VI. Monitoring and Enforcing VI. Monitoring and Enforcing 1. How does the international systems work? u Does it work? --Reform?  Limitations on individual enforcement 2. Reporting system u Description / examples u Problems u Reform  Are state reports and concluding observations helpful? What impact do UN reports have nationally? 3. Enforcing and individual rights u Practicalities u Reservations / derogations