Global and international protection of HRs

1
Global and international protection of HRs

• Two different processes
• Need to achieve an international agreement on
  human rights standards to be applied (across the
  world, particular region)
• Need to development mutually agreeable shared
  methods of implementation and supervision

2
International law

• Customary Law (Practices)
• Conventional Law (Treaties and Covenants)
• Human Rights in Armed Conflict and Crisis
  Situations International Humanitarian Law and
  Refugee Law (Special Circumstances)

3
Problems with International Law

• Enforceability sovereign state do not
  want/cannot be made to abide the law/norms
• Supervision international inteference in
  sovereign states internal affairs
• Reciprocity do we accept standards/measures
  ourselves that we are ready to impose on another
  state?

4
Protection of Human Rights

• a) National Protection of Human Rights
  Constitutional Protection Bill of Rights, local
  organs and agencies for human rights protection,
  NGOs as human rights watchdogs
• b) International Protection United Nations and
  its Commission, Committees and separate agencies
  such as UNICEFF UNESCO, other international
  agencies such as ILO and int. NGOs
• c) Regional Protection and Regional arrangements
  European, Inter-American, African system - also
  the league of Arabic Nations planning their own
  system of HRs protection

5
Implementation and Supervision of HRs in the UN
system

• The principle organs of the United Nations are a
  General Assembly, a Security Council, an Economic
  and Social Council, a Trusteeship Council, an
  International Court of Justice, and a Secretariat
  
• Implementation left to states parties which are
  supposed to enact the necessary legislative and
  other measures
• The common method of treaty implementation is the
  creation of a standing committee (pr treaty body)
  to monitor states performance, member states to
  submit periodic reports on compliance
• CPR Human Right Committee (HRC) to promote
  compliance with its norms, expresses general
  comments, and its views, but not authorized to
  issue legally binding decisions many treaties
  implmented roughly in a same way

6
HRs in the UN System

• the Charter of the United Nations requires the UN
  not only to promote human rights and their
  universal respect, but also to promote their
  observance
• Treaty based Commission on Human Rights its
  duties taken over 2006 by Human Rights Council in
  addressing human rights violations to eliminate
  double standards and politicization 47 members
  elected by UNGA
• High Commissioner for Human Rights (OHCHR 1993)
  after recommendations of Vienna WC on HRs - field
  offices around the world
• The Security Council maintenance of peace and
  security (15 members 5 permanent with veto
  power)
• Inter-state complaints Reference to the
  International Court of Justice

7
I The European Convention for the Protection of
Human Rights and Fundamental Freedoms

• (1950 - enforced 1953 Council of Europe)
• contains an optional clause under which a state
  party may recognize as compulsory the
  jurisdiction of the European Court of Human
  Rights with respect to all matters concerning the
  interpretation and application of the European
  Convention
• Any state party may refer to the European
  Commission of Human Rights any alleged breach of
  the provision the European Convention by another
  state party.

8
II the Inter-American system

• based on the complex relationship between
  Northern and Latin American states, promotion of
  democracy and constitutionalism within different
  political traditions culturally and economically
  diverse countries)
• 1948 The Organization of American States (OAS)
  Charter
• The American Declaration of the Rights and Duties
  of Man (1948) and The American Convention on
  Human Rights (1969)
• Legal force with a clause requiring sates to
  adopt legislative and other measures necessary
  for full implementation of these rights does
  not cover social rights
• contains also an optional clause under which a
  state party may accept the jurisdiction of the
  Inter-American Court of Human rights with respect
  to all matters relating to the interpretation or
  application of that Convention, once this
  jurisdiction has been accepted by a state party,
  a case can be submitted to the Inter-American
  Court either by the Inter-American Commission on
  Human Rights or by another state party

9
III The African Charter on Human and Peoples
Rights

• developed by the Organization of African Unity
  (OAU 1981, enforced 1986)
• - developed to bring out the particularities in
  the African situation after decolonization and
  to promote the African view to human rights
• institutionally the African system is the least
  developed, but its functioning is based on its
  emphasis on distinctive norms and its stress on
  duties and collective rights its work has
  influence local constitution making and legal
  system
• East-African Appeal Court 2003, National Courts