CPHR Exam 1

Pols 3212

Human Right (HR)

A claim by someone, on someone, for something essential to human dignity.

Binding International Law

"Hard" law that is legally enforceable and must be adhered to by states.

Customary Law

Achieves binding force over time through consistent state practice, distinct from treaty law.

Soft Law

Norms that influence policymaking but do not meet the procedural test of law, such as UN declarations.

Treaty

A contract of international law that can be bilateral or multilateral and requires ratification by states.

Ratification

The process by which a state formally agrees to be bound by a treaty after signing it.

Reservations

Opt-out language that allows states to limit their obligations under a treaty.

International Bill of Human Rights

Comprises the Universal Declaration of Human Rights (UDHR) and two covenants, outlining fundamental human rights.

UDHR

Universal Declaration of Human Rights

ICCPR

International Covenant on Civil and Political Rights, which includes rights that can be immediately actionable.

Non-Derogable Rights

Rights that cannot be suspended under any circumstances (e.g. right to life and freedom from torture)

Derogable Rights

can be suspended under some circumstances (e..g public order, public emergency) 

ICESCR

International Covenant on Economic, Social, and Cultural Rights emphasizes the progressive realization of rights over time.

Humanitarian Law

Protects rights in times of war, primarily through the Geneva Conventions.

International Criminal Law

Addresses the prosecution of individuals for crimes such as genocide and crimes against humanity; challenge of enforcement in the absence of an international “police” force

Nuremberg Charter

established the concept of “crimes against humanity”; was the precursor to the Genocide Convention

Genocide Convention

made individuals responsible for prosecution if they try to destroy a national, ethnic, racial, or religious group

Security Council

authorized under UN Charter to create judicial institutions as needed for promotion of peace and security; goal: prosecute individuals who pose a “threat to international peace and security”

Key Institutions for Security Council

International Criminal Tribunals (e.g. Former Yugoslavia (ICTY) 

“Special courts” (e.g. Sierra Leone, Iraqi trial of Saddam Hussein

Truth and Reconciliation Commissions (created at NATIONAL level, by states)

ICC

International Criminal Court (“court of last resort”)

Prosecutes INDIVIDUAL PEOPLE for the following 

1. Crimes against humanity, genocide, serious war crime 

2. Crimes that occurred within the territory of a State Party 

3. Crimes that were committed by a national of a State Party, wherever the crime took place 

Genocide

Intent to destroy, in whole or part, a national, ethnic, religious, or racial group.

Crimes Against Humanity

Widespread, systematic attacks against civilians, including acts like murder and torture.

War Crimes

grave breaches of Geneva Conventions

Crimes of Aggression

“aggressive war” (definition still under debate)

Transitional Justice

The pursuit of accountability for mass atrocities and the reform of institutions to prevent future abuses.

UN System

Comprises various bodies and mechanisms aimed at the protection and promotion of human rights.

Main Tasks of UN

Protection of HR: relates to negative rights (i.e., protections from harm) 

Promotion of HR: relates to positive rights (i.e., entitlements to things)

HR Council

Meets 3 times annually, at minimum 

Monitors human rights via: 

- ECOSOC Res. 1235 (1967): country-level complaints; public debate 

- ECOSOC Res. 1503 (1970): individual complaints (wider pattern of abuse); confidential debate

Economic and Social Council (ECOSOC)

Receives reports on state enforcement of human rights treaties.

HR Council Special Procedures

1. Fact-finding missions: independent experts; gather info for 1503 or 1235 procedures 

2. Thematic mechanisms: investigate problems caused by HR violations on a global scale (i.e., in more than one state) by “Working Groups” (i.e. group of experts) or “Special Rapporteurs” 

3. Advisory services: offer education, information, and institutional strengthening

ILO

International Labor Organization

Oldest UN agency

Tripartite (i.e., government, business and labor represented) 

Develops conventions (i.e., binding treaty law) on different aspects of labor rights monitors them 

Provides technical assistance

“Core” Labor Rights

ILO Declaration (declaration=soft law!!) on Fundamental Principles & Rights at Work, 1998 

Freedom of association, right to organize, collective bargaining, abolition of forced labor, equality of access and treatment (non-discrimination to get job and at job), minimum age

Regional Institutions

European Court of HR (1959): all EU states are members 

Inter-American Court of HR (1979) 

African Commission on Human and Peoples’ Rights (1987)

Trad. 3 Generations of Rights

1^st - civil and political rights (ward off state interference)

2^nd – economic, social, and cultural rights (rights enjoyed only after sufficient levels of development)

3^rd – collective rights (group rights, collectively claimed (not individually claimed); rights enjoyed only if peoples have right to self-determination)

CHALLENGED by notion of INTERDEPENDENCE: rights cannot be divided neatly into three categories; are indivisible and inter-related

States MUST

RESPECT, PROTECT, and FULFILL rights

Group Rights

Rights possessed by groups as a whole, such as the right to self-determination.

Group-Differentiated Rights

individual people within groups can exercise the rights independently of the group (e.g., trade unionist’s right to non-discrimination)

Collective Individual Rights

can be enjoyed by the individual, but specific policies & provisions granted “collectively” due to history of oppression or marginalization (e.g., women’s rights)

State

entity with monopoly on legitimate use of force in a given territorial jurisdiction 

Market

sector in which products/services are bought and sold; for-profit sector

Civil Society

social sector separated from state and market 

Ruggie Principles

Guidelines that outline the responsibilities of states and corporations to protect and respect human rights (soft law)

CEDAW

Convention on the Elimination of All Forms of Discrimination Against Women, addressing violence against women as a human rights violation.

Public/Private Sphere

The distinction between public institutions and private homes, relevant to discussions of violence against women.

DEVAW

Declaration on the Elimination of Violence Against Women; definition of violence against women encompassed multiple levels and forms of violence (e.g. within the family,within the community (schools, workplace, police stations, religious institutions, etc.), or violence perpetrated or condoned by the State)

Environmental Rights

Rights related to a healthy environment, emphasizing the interdependence of all rights.

Soft International Environmental Law

Bruntland Commission Report “Our Common Future” (1987): building on 1972 Stockholm Conference, Bruntland Report pioneers the concept of “sustainable development” 

Agenda 21 (1992): adopted at the UN Conference on Environment and Development (“Earth Summit”) at Rio de Janeiro, Brazil; paves the way for a UN program focusing on policy coordination for sustainable development

Hard International Environmental Law

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (opened for signature in 1989; came into force in 1992): regulates toxic waste movement across borders 

Kyoto Protocol of the UN Framework Convention on Climate Change: language originally drafted at the “Earth Summit” was later adopted in 1997 as a formal treaty and came into force in 2005; aims at reduction of greenhouse gases globally