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Of Human Rights Instruments

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1 Of Human Rights Instruments
Week 5 Common Features Of Human Rights Instruments The general human rights instruments have certain common features which are very much part of human rights law.

In fact it is a guiding element of all the instruments and which represents the idea of justice in human right law.

3 2- LIMITATIONS Under certain specific conditions limitation established in international human rights treaties that states can impose some limitations on the exercise of some human rights. When some rights can be limited, the permissible limitations are specified in the text of the treaties

4 In general, these limitations are only determined by law
and are necessary in a democratic society to ensure respect for the rights and freedoms of others, or to protect public safety, order, health and morals. The effects of the limitations cannot be non-suitable to their objectives, limitations outside these conditions are illegal. Some instruments, in particular the Universal declaration of human rights and the International Covenant on economic, social and cultural rights contain a general limitation clause in relation to the instrument as a whole.

5 It is important to explain that it is not up to the individual police, military, or public official to determine when and how rights can be limited. Cases and procedures for limitations must be written in the law of a country, and they must respect the conditions set by international law. The limitation clause mentions such factors as respect for the rights of others, the just requirement of morality, public order and the general welfare in a democratic society.

6 On the other hand, the instruments which deal with civil and political rights – the International Covenant on Civil and Political Rights as well as the European and American conventions are more precise and have special and differentiated limitation clauses in connection with individual articles. These instruments contain a general limitation clause, allowing States parties to derogate from their obligations in of public emergency, but in certain elementary rights, no derogation is allowed under any circumstances.

7 Derogations Derogations – or temporary suspension – of some human rights are only allowed in instances of public emergency that threatens the nation. The emergency must be officially declared and made known to the population. Derogations must be strictly processed by the requirements of the situation, and they must not cause discrimination on the basis of race, color, sex, language, religion and social origin.

8 The United Nations must be informed of the derogations effected by a state. Derogations must be enforced for the shortest possible time. Any derogation from rights that does not respect the above conditions is illegal. Some rights may never be suspended and may continue to apply also in situations of emergency. Some of these rights are the right to life; the freedom from torture and cruel, inhuman, or degrading treatment or punishment; the right not to be held in slavery; and the freedom of thought, conscience, and religion.

This feature is particularly well developed in the American declaration on the rights and duties of man and also in the African charter on human people's rights; it is determining the duties of these instruments and responsibilities towards maintenance and protection of human rights.

Human rights institutions may perform one or more of the following five functions which constitute as many component parts of a complete system for the control of the observance of human rights a-Information b-Investigation c-Conciliation d-Decision e-Sanction.

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