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Universal Sources of International Human Rights Law: the United Nations and Human Rights
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International Human Rights Law
Erosion of domestic jurisdiction (E.g.: Nottebohn case - ICJ, 1955) Customary international law and international treaty law Positive and negative obligations Exhaustion of domestic remedies
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International Human Rights Treaties
Universal Declaration on Human Rights (1948) International Covenant on Civil and Political Rights (1966) International Covenant on Economic, Social and Cultural Rights (1966) Convention Against Torture (1984) Convention on the Elimination of Discrimination Against Women (1979) Convention on the Elimination of All Forms of Racial Discrimination (1965) Convention on the Rights of the Child (1989) International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990) Convention for the Protection of All Persons from Enforced Disappearance (2006) Convention on the Rights of Persons with Disabilities (2006) Convention on Refugees and 1967 Protocol Convention on Refugees (1951) and 1967 Protocol
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Human Rights Council From Human Rights Commission to Human Rights Council: “the Commission's capacity to perform its tasks has been increasingly undermined by its declining credibility and professionalism. In particular, States have sought membership of the Commission not to strengthen human rights but to protect themselves against criticism or to criticize others. As a result, a credibility deficit has developed, which casts a shadow on the reputation of the United Nations system as a whole” Kofi Annan, In Larger Freedom (21 March 2005) UN General Assembly Resolution 60/251 (15 March 2006) 47 UN Member States
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Human Rights Council – procedures
Advisory Committee Individual complaints procedure UN Special procedures Universal Periodic Review
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Human Rights Treaty Bodies
ICCPR Human Rights Committee ICESCR Committee on Economic, Social and Cultural Rights ICERD Committee on the Elimination of Racial Discrimination CEDAW Committee on the Elimination of Discrimination against Women CAT Committee Against Torture + Subcommittee on Prevention of Torture CRC Committee on the Rights of the Child MWC Committee on Migrant Workers CRPD Committee on the Rights of Persons with Disabilities CED Committee on Enforced Disappearances
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Functions of Human Rights Treaty Bodies
Consideration of State Parties’ periodic reports & adoption of concluding observations Country inquiries (CESCR, CAT, CEDAW, CRPD, CED, CRC) Adoption of General Comments / General Recommendations on the interpretation of treaty provisions Consideration of individual complaints (CCPR, CERD, CAT, CEDAW, CRPD, CED)
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