Professional Documents
Culture Documents
Rights
Miss E. Siangandu
Learning Out
1.
2.
3.
Human Rights
Broad
Different types
International HRs
Regional HRs
Protection of HRs within a domestic settings
HRs in relations to Women
Refugees
Children
2.
3.
4.
5.
UN GA Human Rights
Declaration
1.
2.
3.
4.
5.
6.
Introduction
Prior
of League of
nations
Covenant of League of Nations
(articles 22,23)
Provisions protection of minority
Emphasis on protection rather
than enforcement.
General International
Agreements
Drafted by UN Commission on Human
Rights
Commission established by Economic &
Social Council (ECOSOC) art 68 UN Charter.
10th Dec 1948 Resolution 217A - Universal
Declaration of Human Rights (UDHR).
International Covenant on Economic,
Social & Cultural Rights 1966
International Covenant on Civil and
Political Rights 1966
International Covenant on
Civil and Political Rights
(ICCPR)1966
ICCPR
International Covenant on
Economic, Social & Cultural Rights
(ICESCR) 1966
entered into force 1976.
Obligations are less specific
More promotional rather than mandatory.
Nature of rights?
But treaty has legally binding effect
ICESCR designed to promote social welfare
Are these rights justiciable?
What are the challenges in the
implementation of economical rights?
Customary Rules - I
Provisions in HRs instruments constitute
customary IL
i.e. provision in relation to Torture (See
Filartiga v Pena- Irala (1980)
D former chief of police in Paraguay
Case brought by two Paraguayan nationals
Allegation D had tortured to death a
member of their family
Crt held torture violated ICL citing that
UDHR had become ICL
Customary Rules- II
Genocide
Slavery
Torture
Causing disappearance of individuals
Commission of above acts constitute
violation of ICL
Constitute jus cogens
See The Case concerning the Application of the
Convention on the Prevention & Punishment of the Crime of
Genocide (Bosnia & Herzegovina v Serbia & Montenegro ICJ
2007)
History of right to SD
Events of 1950
1960 UN GA adopted Declaration on Granting of
Independence to Colonial Territories and Peoples
Para (2) all people have a right to SD
Provision contained article 1 ICCPR & ICESCR.
Advisory Opinion of ICJ to the Western Sahara
(1975)
ICJ confirmed that right of SD is one recognised
by IL.
The validity of the principle is confirmed.
SD
2.
4.
Enforcement of Human
Rights
UN Mechanisms
ICESCR Enforcement
Mechanisms
Less stronger
Parties must submit periodic reports to
Group Experts (GE) established by ECOSOC
But GE turn to be more open to political
influence than HRs