1.6 International Law

Abolition of slavery history

1807: UK passes “Abolition of the Slave Trade Act” & US Congress passes the Act Prohibiting the Importation of Slaves

1863: Emancipation Declaration 

1865: 13th Amendment to the US Constitution 

1885: Berlin Conference - major colonial powers agree to outlaw slavery

1926: Anti-Slavery Convention 

What is the individual rights in regards to slavery? The individual obligation/responsibility?

Right = protection from slavery

Obligation/responsibility = criminal liability for violators

How did WWI popularize the rights of minorities?

The war changed European geography; people were spread out everywhere after boundaries were changed. So, major powers involved in peace negotiation and in the League of Nations saw rights of minorities as a critical issues

Where are the rights of minorities promoted in?

• 1919 Peace Treaties (ex: Treaty of Versailles)

• Covenant of the League of Nations

6 historical years for the explosion of human rights post-WWII

• 1945 UN Charter

• 1948 Universal Declaration on Human Rights

• 1948 Genocide Convention

• 1949 Geneva Conventions 

• 1950 European Convention on Human Rights 

• 1966 so-called “Twin Covenants”

1945 UN Charter: promotion + main objective

Promoted human rights, self-detrmination, & fundamental freedoms

Main objective = peacekeeping

1948 Universal Declaration on Human Rights: history + chairman

Was initially soft law (non-legally binding) BUT so many countries followed it that it became customary international law (legally binding)

Chaired by widow of FDR, Eleanor Roosevelt 

1948 Genocide Convention: summary + problem

Agreed to no more genocide and every state signed it

No clear definition of what genocide is, so the weight of being accused with genocide is not as heavy 

What is the most advanced treaty on human rights in the world?

1950 European Convention on Human Rights

1966 Twin Covenants: names + association

International convention on civil and political rights (ICCPR): associated with the U.S., includes freedom of speech, close to the UDHR

International convention on economics, social, and cultural rights (ICESCR): associated with other countries, freedom of “survival rights”

Which Twin Covenant is deemed more important (at least to the US)?

ICCPR

What are 3 other Human Rights treaties?

• CERD - Convention on elimination of racial discrimination 

• CEDAW - Covenant on the elimination of the discrimination against women 

• CAT - Covenant against torture 

1st generation Human Rights: treaties + rights

Treaties:

• UDHR, ICCPR, CERD, CEDAW, CAT

Rights: negative/fundamental political freedoms 

• Freedom of speech, press, religion

• No torture, slavery, arbitrary arrest

• No discrimination (of any kind)

2nd generation Human Rights: treaties + rights

Treaties:

• ICESCR, CERD, CEDAW

Rights: positive/economic and social rights

• Right to work, adequate food, clothing, housing, medical assistance, education 

What is the challenge with 2nd gen rights?

They depend on an effective government, which depends on many factors (like economic status and mobility)

What is a solution to 2nd gen’s problem? How?

Procedural rights: how a government handles giving rights

Includes fairness in procedure, distribution, and transparency 

3rd generation Human Rights: rights

Rights: self-determination, group, minority

• Right to language, culture, nationality

Why is the 1950 European Convention on Human Rights a “living document”?

It is constantly expanding because of additional protocols and expansive court interpretations

What are 3 challenges of HR implementation in various committees?

1) States are reluctant to accuse other states

2) Individuals do not always have the right to tot petition directly

3) Hearings are often “closed”, meaning individual petitioners may have to “wait outside” or not have a voice

What shows the issue of universality of HR?

The “Margin of Appreciation: adopted by the ECtHR in the 1976 Handyside case

Shows that local customs cultures, and sensitivities make it difficult for HR to become universal

Migrant

Someone who moves away from their home and lives elsewhere

Internally Displaced Person

Someone who is forced to flee their home and moves elsewhere within their country

Refugee

Someone who is forced to flee their country because they fear persecution

What happened in 1939 in regard to refugees? What was the motto?

The “Voyage of the damned” of the MS St. Louis, following WWII and the Holocaust 

Travelled from Hamburg, Germany, to Havana, Cuba

Motto = NEVER AGAIN!

Where is the definition of a refugee found?

In the 1951 Refugee Convention

What are the 4 rights of a refugee under the Refugee Convention?

1. Prohibition against refulgent: you cannot be deported back to a country where you risk persecution

2. You cannot be penalized for entering the receiving states illegally 

3. The receiving state must grant your request for asylum 

4. You have the right to the same degree of protection from the receiving state as that afforded to all other legal aliens in the state

What are the 4 grounds to be defined as a refugee under the 1951 Convention?

1. Need to be outside your country

2. Must be unable/unwilling to return due to fear of persecution

3. Fear must be well-rounded: an objective reasonable probability of harm

4. Persecution must be based on one of five grounds:

   1. race

   2. religion

   3. nationality

   4. social group

   5. political opinion