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17 Cards in this Set
- Front
- Back
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European human rights system
including European Court of Human Rights |
created by European Convention (under the Council of Europe)
Not a global governance agency. No member states are immune. Incipiently federal with medium, authorized, independent, power power deals with civil and political rights no enforcement power of its own (treaty-based) however this is the most effective current system for human rights |
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UN Human rights treaty system
including International Covenant on Civil and Political Rights (CCPR) |
incipiently federal,
global governance agency, with virtually all states not immune (many have not ratified treaties), but no enforcement power of its own, and low but independent and authorized power in general (treaty-based) |
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UN Human Rights Commission
+ it's subcommission |
global governance agency, with no states immune, incipiently federal.
power is low w/o security council and is restricted to gross violations of human rights has no enforcement power of its own but is authorized and independent (charter-based) |
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UN Security Council
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global governance agency with 5 member states holding veto powers,
incipiently federal, with high power that deals with all threats to peace, enforcement power of its own, authorized by UN charter. very independent, can defy a majority of states. |
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UN criminal tribunals for Rwanda and Yugoslava
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not global in reach,
part of a global governance agency, all states besides Rwanda and Yugoslavia are immune, incipiently federal, high power within, but narrow in scope; only applies to crimes against humanity; no self-enforcement power (but UN sec. counc.) authorized and independent |
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Big international human rights NGOs
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reach of each state is global but does not function as a global governance agency,
no states are technically immmune, power is low but wide; No self-enforcement, no authorization, but independent |
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Independent efforts by states to promote human rights
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global in reach but do no function as global governance agencies,
important allies are immune wide power self-enforcement (sanctions) authorized-power (so long as no military or violations) |
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International Human Rights and National Discretion
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could the European Court of Human Rights serve as a model for an international court of justice?
the right of an individual person to appeal to a supranational body |
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Success of European Court
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universal acceptance of its verdicts for all in council of Europe
b/c the court has allowed a limited amount of discretion "margin of appreciation" |
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Open Door and Dublin Well Women v Ireland
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European Court did not attempt to directly overthrow anti-abortion laws, but did determine that pregnant Irish women could be given information about abortion and permitted to travel to other countries to obtain abortions
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Margin of Appreciation (MoA)
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states are granted a range of discretion in upholding the European Convention; especially in respect to cultural values and norms
but its limit is vague |
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Criticism of MoA
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Handyside v UK
---------------------- no European consensus on how pornography should be dealt with, so no intervention. Dudgeon v UK -------------------- there is a European consensus on homosexual issues, so the Court intervened. ============== this is ad hoc. is it consensus or national discretion that is the uppermost mind of the court? |
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plain meaning of the text
(methods to apply the convention) |
interpret the literal meaning of the text
may turn out to be just one of many interpretations |
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history of the text
(methods to apply the convention) |
intentions of the authors of the Convention
(secondary importance acc. Yourow) |
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autonomy of the convention & court
(methods to apply the convention) |
the Court may decide cases by treating Convention provisions independently from the requirements of the municipal law of states parties.
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dynamic method
(methods to apply the convention) |
"living instrument"
precedence "common law" different applications and changes new consensus |
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teleological method
(methods to apply the convention) |
goal or purpose of the convention
protection of democracy and of human rights |
