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31 Cards in this Set
- Front
- Back
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Definition |
Universal claims which individuals have as members of society in which they live Rights to some good with may be asserted against bearer of correlative duty |
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3 Correlative duties |
1. Avoid depriving - Negative rights 2. Protect from deprivation 3. Aid those who are deprived - Positive right |
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3 Forms of rights |
1. Moral entitlement 2. Legal entitlement 3. Empirically - As observed |
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Features |
● Universal: Justification not derived from municipal law ● Natural VS Positivist: Include only rights which state recognised ● International + Domestic ● Observe HR regardless to citizenship |
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History |
20th Century - Recognition that state doesn't possess absolute sphere of reserved jurisdiction with regard HR of its citizens Europe - 1st HR grounded in natural law theories Held: Some rights needs to guarantee political stability & prosperity of states John Locke - States exists to protect rights such as life, livery & property ↪ Held: State arose as guarantor of HR, not as potential threat 19-20th C - States become strong, HR theories began to focus on individual's rights to be free of ill-treatment by states Evolved from ● Law of state responsibility → Protects against violation of their rights when they aren't citizen of offending state ● Law of humanitarian intervention → Recognises as lawful: A uses force against B to stop very brutal maltreatment of citizens of B Eval: Misused as protect for attacking another state but first expression of ideas that there are some limited to freedom of states to deal with their own citizens ● Originated in general humanitarian law: Idea that certain humanitarian principles must be applied in wars UN Charter 1945 marked beginning of current system |
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Humanitarian principles applied in wars |
1. Geneva Convention 1864 - Protect doctors, nurses, hospitals during war 2. Hague Convention 1899 - Protect sailors 3. Geneva Convention 1949 - Protect combatants, civilians |
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UN Charter |
Article 55: Protection without distinction as to race, sex, language, religion etc Article 56: UN members to take joint & separate action to protect HR 1948 - Adopted Universal Declaration of HR (UDHR) ● Civil & political rights ● Economic, social, cultural rights No enforcement mechanism, not considered law time time is was proclaimed |
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UDHR civil & political rights |
1. Free from arbitrary arrest + ex post facto laws
2. Fair trail 3. Presumed innocent 4. Privacy 5. Freedom of speech, religion, moment in & out of country 6. Take part in government etc |
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UDHR economic, social & cultural rights |
1. Social security 2. To work 3. Equal pay for equal work 4. Just & favourable remuneration 5. Rest & leisure 6. Education, culture, science |
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Ex post facto |
With retrospective action or force |
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Genocide Convention |
Signed 1948, into force 1951 Genocide: Action with intent to destroy, in whole or in part, national, ethnic, racial or religious group & killing/causing serious harm to group members Charged with genocide can be tried state of crime/int tribunal e.g. Nazis - Germany holocaust Racial discrimination: Any distinction, exclusion, restriction or preference based on race which hs purpose/effect of nullifying/impairing human rights/fundamental freedoms Parties to Convention must prohibit discrimination Enforcement machinery: Committee on Elimination of Racial Discrimination (CERD) → All parties must submit reports to UN GA → Can hear complaints by one state against another, receive individual petitions if state has recognised right of private petition ICJ can hear sea if one party refers |
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Convention on the Elimination of All forms of Discrimination Against Women |
Signed 1979, into force 1981 states must put equality of men & women into law, including sanctioned for discrimination against women Periodic report to CEDAW ICJ can hear cases |
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Convention Against Torture |
Signed 1984, into force 1987 State parties must take measure to prevent such activities; must review interrogation rules, custodial arrangements or prisoners Tortur must be made criminal offence; have remedy for person who are tortured No except circumstances to justify torture No 'Nuremberg defence' of orders from superiors allowed Committee Against Torture may act on its own to initiate inquiry where systematic torture alleged Submits confidential report to UN GA States may ● Refuses to recognise competent of Committee ● Reserve a to provision allowing disputes to be referred to ICJ |
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Convention of Rights of Child |
Signed 1989, into fore 1990 ● To education ●Genocide Ruanda |
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2 General UN HR Treaties |
1. Covenant on Civil & Political Rights (CP Covenant) 2. Covenant on Economic, Social & Cultural Rights (ESC Covenant) Both adopted in 1966, into force 1976 2 Convenants together with UN Charter & UNHR make up International Bill of Human Rights CP covenants has more rights + specific rights than UDHR CP Covenant rights are binding obligations ↪ State mart must enact appropriate laws ↪ State have immediate obligations to enforce covenant |
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Human Rights Committee |
Examines report that all parties must submit every 5 years Members can question representative of state parties If dissatisfied, HR Committee can bring matter to UN GA Derogation clause allows suspension of some rights in emergencies One party can charge another with violation of covenant but only if both states have recognised jurisdiction of HR Committee |
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Optional Protocol |
Allows private parties to file complaints with HR Committee against states which have ratified Protocol ● Lovelace Case 1981: Canada- Refused to allow Indian woman who divorced non-Indian man to return to reservation ●Mauritian Women Case 1981: Mauritius - Deported Mauritian women's foreign husbands ●Robinson Case 1989: Effective counsel not available to someone charged with capital offence ● Vuolanne Case 1989: CP covenant applies to military detention |
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ESC Covenant |
Parties don't need to immediately implement any rights, can do so progressive in accordance with their resources No interstate/individual complaints system under ESC convenant but state parties must issue periodic reports UN Committee on ESC Rights review reports & prepare questions |
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UN Commission on HR |
Ad hoc working groups, e.g. on Africa, Chile disappearance Special Rapporteurs have examined summary executions, torture, mercenaries, religious intolerance Country rapporteurs work in Iran, Haiti, El Salvador Sub-commission on Prevention of Discrimination and Protection of Minorities → Worked no slavery, indigenous populations |
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Int Labour Organisation |
Opposed commodification of labour & protect freedom of association for workers Has General Conference, Governing Body & International Labour Office Elaborates many labour standards, conventions, recommendations All members issue annual reports to ILO Committee on Application of Conventions and Recommendations composed of representatives of governments, employers, trade unions who brings cases to General Conference Has Committee of Freedom of Association |
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UNESCO - Conciliation & Good Offices Commision
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Resolves disputes arising between state parties in 1960 Convention Against Discrimination in Education
Handles individual communications alleging HR violations in education, science, culture, information Heard by Committee on Conventions & Recommendations UNESCO Executive Board can publicly discuss cases of massive violation in HR |
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European Convention for the Protection of HR and Fundamental Freedoms |
European states entered into this treaty in 1950 Incorporated into domestic law of most parties European Court of HR can award to damages & costs |
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European Convention for the Protection of HR and Fundamental Freedoms Cases |
● Ireland VS UK 1978: British police interrogation methods used against IRA gifts found to be inhumane + degrading
● Belgian Vagrancy Cases 1966-1972: Held that homeless people can't be imprisoned without right to appeal ● Golder VS UK 1975: Held that right to speak with lawyer is part of fair trial ● Marckx Case 1979: Held that discrimination against illegitimate children violated European Convention ● Dudgeon Case 1981: Overturned N.Ireland's law against homosexuality ● Brogan Case 1988: Held that detention under anti-terrortist legistlation in UK for 4+ days before seeing judge violated Convention → UK derogation from jurisdiction of European Court for HR ●Soering Case 1989: Held that extradition of German from UK to US to stand trial fro capital murder violated Convention ban on inhuman punishment |
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Inter-American Commission on HR |
Promoting Human rights found in 1948 American Declaration of the Rights and Duties of Man
Enforces right contained in American Convention 7 member selected by OAS GA Prepared country studies + on-site investigations Meets with government & opposition leaders, interviews representative of groups, hold on-site hearings Individual/Organisation who is not victim of violation can file complaint |
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Inter-American Commission on HR - Advisory jurisdiction |
Court can render opinions interpreting Convention & other HR treaties within inter-American system All Chartered of Organisation of American Staes (OAS) may invoke advisory jurisdiction Advisory opinions not binding, but after Court renders advisory opinion against it, state can no longer reply on legal arguments to defend its actions Advisory opinion used to interpret treaty obligations, e.g. 1987 held: Right of habeas corpus (Protect the body) may not be suspended even at times of national emergency Prima facie case must be presented, i.e. evidence presented at outset of each go elements that together make up violation |
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Prima facie |
Based on the first impression; accepted as correct until proved otherwise |
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Prima facie case of torture |
1. Person detained against his will by state's representatives 2. Person subjected to severe physical & psychological abuse |
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African HR system |
Founded on Banjul Charter on Human and People's Rights - Adopted 1981, into force 1986 Adopted by African Union OAU has: 1. Secretariat 2. Council of Ministers 3. Several Ministerial Conferences 4. Assembly of Heads of State |
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African Commission of Human and People's Rights |
Deals with inter-state + individual petitions Can reply on int HR treaties to interpret scope of HR in Africa Other Charter provision allow for many restrictions of HR by states |
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People's rights |
1. Self-determination 2. Sovereignty over natural resources 3. Peace 4. Satisfactory environment 3rd generation rights after civil & political, ESC rights |
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China adheres to |
1. Superiority of socialist system 2. Democratic centralism (lower units of power subordinated to higher units) |
