Section 3: INTERNATIONAL HUMAN RIGHTS LAW

o Know how international human rights laws were developed and why.

o Understand how international human rights law and human rights bodies are organized and their relationships.

What makes up the body of international human rights law and how do these enforce human rights?

The Universal Declaration of Human Rights is an ideal standard held in common by nations around the world, but it bears no force of law. Thus, from 1948 to 1966 the UN Human Rights Commission’s main task was to create a body of international human rights law based on the Declaration, to establish the mechanisms needed to enforce its implementation and use.

INTERNATIONAL BILL OF HUMAN RIGHTS

The Human Rights Commission produced two major documents: the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Both became international law in 1976. Together with the Universal Declaration of Human Rights, these two Covenants comprise what is known as the International Bill of Human Rights.

The ICCPR focuses on issues such as the right to life, freedom of speech, religion and voting. The ICESCR focuses on food, education, health and shelter. Both Covenants proclaim these Rights for all people and forbid discrimination.

Article 26 of the ICCPR established a Human Rights Committee of the United Nations. Composed of 18 human rights experts, the Committee is responsible for ensuring that each signatory to the ICCPR complies with its terms. The Committee examines reports submitted by countries every five years to ensure they are in compliance with the Covenant and issues findings on a country’s performance.

Many countries that ratified the ICCPR also agreed that the Human Rights Committee may investigate allegations by individuals and organizations that the State has violated their rights. Before appealing to the Committee, the complainant must exhaust all legal recourse in the courts of that country. After an investigation, the Committee publishes the results. These findings have great force. If the Committee upholds the allegations, the State must take measures to remedy the abuse. (See Appendix for full text of the ICCPR and ICESCR.)

SUBSEQUENT HUMAN RIGHTS DOCUMENTS

In addition to the Covenants of the International Bill of Human Rights, the United Nations has adopted more than 20 principal treaties further elaborating human rights. These include conventions to prevent and prohibit specific abuses such as torture and genocide and to protect specific vulnerable populations such as refugees (Convention Relating to the Status of Refugees, 1951), women (Convention on the Elimination of All Forms of Discrimination against Women, 1979), and children (Convention on the Rights of the Child, 1989). Other conventions cover racial discrimination, prevention of genocide, political rights of women, prohibition of slavery and torture.

Each of these treaties has established a committee of experts to monitor implementation of the treaty provisions by its States Parties. (See “Core International Human Rights Instruments and their Monitoring Bodies” in the Appendix.)

THE HUMAN RIGHTS COUNCIL

In the early 2000s, the United Nation’s Human Rights Commission came under increasing criticism for failing to uphold human rights standards across the world, in part because its membership had expanded to include many States widely regarded as major human rights violators. As a result, in March 2006 the UN Human Rights Council replaced the Commission. An intergovernmental body with membership comprised of 47 States, the Human Rights Council has the task of promoting and protecting human rights internationally. Its mechanisms to forward these ends include a Universal Periodic Review which assesses situations in all 192 UN Member States, an Advisory Committee which provides expertise on human rights issues, and a Complaints Procedure for individuals and organizations to bring complaints of human rights violations to the attention of the Council.

The Council also continues to work closely with the UN Special Procedures established by the former Commission on Human Rights and now assumed by the Council. Special Procedures is the general name given to individuals or working groups appointed to examine, monitor, advise and publicly report on either human rights situations in specific countries, known as country mandates, or on major phenomena of human rights violations that span many countries, known as thematic mandates. Currently there are 29 thematic and nine country mandates. Called variously “Special Rapporteur,” “Special Representative to the Secretary-General” or “Independent Expert,” these mandate holders report to the Human Rights Council on their findings and recommendations. They are sometimes the only voice that alerts the international community to certain human rights issues.

EUROPEAN HUMAN RIGHTS BODIES

Translated into more than 300 languages, the Universal Declaration of Human Rights is the foundation of all modern human rights laws and covenants. Among such charters is the European Convention on Human Rights.

The Convention was adopted in 1953 by the Council of Europe, comprised of 47 Member Nations which are home to some 800 million citizens. The Council was formed in the aftermath of World War II to strengthen and promote democracy and the rule of law.

The Convention is enforced by the European Court of Human Rights in Strasbourg, France. Any person or organization whose rights have been violated by a Member State of the Council of Europe may seek recourse from the European Court. First, however, the complainant must exhaust all recourse in the courts of that country.

Another organization created to ensure democratic and fair government is the Organization for Security and Co-operation in Europe (OSCE), composed of 56 participating states including the United States and Canada. In the event of Member States violating human rights, the OSCE hears complaints from human rights organizations and requires a defense from the governments accused of improper conduct. OSCE was formed in 1975 with the signing of the Helsinki Accords, an international declaration drafted as an attempt to improve relations between the Communist Bloc and the West.

HUMAN RIGHTS INSTRUMENTS FOR THE AMERICAS, AFRICA AND ASIA

In the Americas, Africa and Asia, regional documents for the protection and promotion of human rights extend the International Bill of Human Rights. The American Convention on Human Rights pertains to the inter-American states— the Americas—and was entered into force in 1978. African States have created their own Charter on Human and Peoples’ Rights (1981) and Muslim states have created the Cairo Declaration on Human Rights in Islam (1990).

The Asian Human Rights Charter (1986) was created by the Asian Human Rights Commission, founded that year by a group of jurists and human rights activists in Hong Kong. The Charter is described as a “people’s charter,” because no governmental charter has been issued to date.

HUMAN RIGHTS ENFORCEMENT SYSTEM

Human rights provisions are written into national laws in many countries. The existence, standard and level of enforcement of such laws vary widely, however, among nations. In an attempt to rectify this, continental and international enforcement bodies were created.

European Court on Human Rights

This court, located in Strasbourg, France, enforces the European Convention on Human Rights. Any person or organization whose rights have been violated by a Council of Europe Member State may seek recourse from the European Court, after exhausting all recourse in the courts of their country.

Inter-American Court on Human Rights

Established in 1979, this is an autonomous judicial institution of the Organization of American States. The Court’s objective is the Application and interpretation of the American Convention on Human Rights and other related treaties. In contrast to the European Human Rights system, individual citizens of the OAS Member States are not permitted to take cases directly to the Court but must first lodge a complaint with the Inter-American Commission on Human Rights and have that body rule on the admissibility of the claim. If ruled admissible and the State is deemed at fault, the Commission will generally serve a list of recommendations to make amends for violations. Only if the State fails to abide by the recommendations will the matter be referred to the Court.

Date: 2015-12-24; view: 1078