Human Rights Policies

Universal Declaration of Human Rights (1948) - Strenghts

Universal Declaration of Human Rights (1948) - Strenghts

1st international agreement on universal human rights

Aspirational document that has influenced:

• binding international covenants,

• regional conventions

• the human rights laws of states

Universal Declaration of Human Rights (1948) - Weaknesses

Non-binding

Imposes Western / Judeo-Christian viewpoint of human rights

European Convention on Human Rights (1950) - Strenghts

1st regional agreement on human rights

Binding legal text, member states are committed to act in accordance with

European Court of Human Rights acts as final court of appeal / last resort once European citizens have exhausted their state’s legal process

European Convention on Human Rights (1950) - Weaknesses

European Court decisions are binding, but no means of enforcement

Sovereignty may be under pressure if European Court of Human Rights disagree with national governments and legislature

International Covenants on Economic and Social Rights; and Civil and Political Rights (1966) - Strengths

1st legally binding international human rights laws

Clarified rights set in UDHR

• Prohibition of slavery and torture is much more detailed

International Covenants on Economic and Social Rights; and Civil and Political Rights (1966) - Weaknesses

Economic and social rights are more difficult for less developed nations to deliver, although accepted that such rights may be realized progressively

No international enforcement body. States cannot be forced to uphold rights. Civil and political rights are still violated worldwide.

Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment (1984) - Strengths

Builds on UDHR and International Covenant on Civil and Political Rights. Offers specific definitions for torture, and the responsibilities for preventing torture.

Prohibits states from relying on evidence gained through torture by other states. Includes duty to protect all human beings (not just state’s own citizens) from torture

Convention against Torture and Other Cruel, Inhumane, and Degrading Treatment (1984) - Weaknesses

Convention cannot be enforced, states that have signed and ratified can still carry out torture

(EX. Obama torture people after 9/11)

African Charter on Human and People’s Rights (1986) - Strengths

Provided a process for African Union states to agree on new human rights. (EX. Protocol on Women’s Rights 2003 addressed female genital mutilation)

Recognizes collective rights, as well as individual rights

African Charter on Human and People’s Rights (1986) - Weaknesses

Difficult to enforce because the Commissions does not have any formal enforcement powers and is not legally binding on member states

Constitution of South Africa (1997) - Strengths

Example of human rights protection at nation-state level

Bill of Rights, in Chapter 2 of the South African Constitution, mirrors the UDHR. Most of these rights were denied during SA’s apartheid

Constitution of South Africa (1997) - Weaknesses

Bill of Rights allows for judges to interpret certain rights as having limits, rather than being absolute

Rome Statute (1998) - Strengths

Creates an international court for hearing cases relating to breaches of international criminal law, including crimes against humanity

Powers to issue arrest warrants

Powers to launch special investigations into alleged breaches of international criminal law

Countries that have not signed can be investigated if the UNSC agrees on it

Rome Statute (1998) - Weaknesses

Not all member states have signed and ratified the Rome Statute, and cannot be helf accountable to the International Criminal Court. Three of the UNSC, China, Russia, and the US, have not ratified the Rome Statute

As of 2015, only two breaches of international criminal law have resulted in convictions, both relating to African conflicts. Accusations from the AU that the ICC is biased against Africa. In 2014, AU members almost voted to withdraw from the Rome Statute