ECH 2230
1. Women´s Human Rights/Gender Equality
— Key treaty provisions:
Treaty provisions are essentially commitments made by countries to protect and promote the rights and equality of women and girls. These are found in international treaties and are legally binding between states
T.EX: educantion and employement, healthcare, marriage and family life, violence against women, education and employement, non-discrimination, participation in public and political life, protection in conflict situations.
— Equality guarantees in UN Charter, UDHR and both Convenants
⇒ United Nations Charter: 1945, foundational treaty of the UN.
⇒ Universal Declaration of Human Rights (UDHR): 1948 first global expression of rights to which all human beings are inherently entitled.
Art. 1: all human beings are born free and qual in dignity and rights.
Art. 2: everyone is entitled to all the rights and freedoms set forth in the declaration, without distiction of any ind such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status.
⇒ International Covenant on Civil and Political Rights (ICCPR): 1976, focuses on ensuring the protection of civil and political rights. It reinforces the principle of equality before the law and the right of all individuals to be free from discrimination.
⇒ International Covenant on economic, Social and Cultural Rights (ICESCR): 1976, ephasizes economic, social and cultural rights. It highlight the principle of non-discirmination and the right to euqlity, particularly in the enjoyement of rights such as work, social security, family life, education, and participation in cultural life.
— Optional Protocol to CEDAW
⇒ Optional Protocol is a strengthening protocol/supplementary treaty to the convention on the elimination of all forms of discrimination against women (CEDAW) and it promotes women´s rights and gender equality. It provides 2 mechanisms:
Inquiry procedure: this empowers CEDAW to initiate inquiries into situaitons of grave or systematic violations of women´s rights (requiring reports fromt he state involved).
Communications procedure: allows to submit complaints to the CEDAW alleging violations of rights protected under the convention, provided that their own country has ratified the optional protocol.
⇒ CEDAW is a treaty adopted in 1979,to the protection and promotion of women´s rights.
Soft law:
it refers to guidlines, declarations, and other non-binding agreements that influence international behaviour without having the legal force of formal treaties (hard law).
T.EX. the UDHR
⇒ Beijing Declaration 1995 - resolution at the fourth wolrd conference on Women for the empowerment of women, and women´s rights globally.
⇒ CEDAW General Recommendations - expert advice issued by the CEDAW committe to countries that have ratified the CEDAW treaty. These recommendations provide detailed information on how to better implement the convention.
⇒ HRC (human rights council) Resolutions: Violence against women (biannually, led by Canada), Sexual orientation and gender identity - formal decisions made at the UN level to combat and eliminate violence against women worldwide. Efforts to adress and prevent gender-based violence, strengthen protections for women, promote accountability, and ensure that states enforce measure to protect women from all forms of violence.
⇒ Others: Commission on the Status of Women Agreed Conclusions - is a functional commission of the United Nations Economic and Social Council (ECOSOC) dedicated to promoting gender equality and the empowerment of women. each year, representatives member gather information on gender wquality, worldwide. The results are summarized in agreed conclusions, and made in steps of progress, and recommendations for action by governments and stakeholders.
⇒ SDG 5: Achieve gender equality and empower all women and girls - goal n.5, part of the 2030 Agenda, aims to achieve gender equality.
Key bodies:
⇒ Committee on the elimination of discrimination against Women - body of independent experts that monitors the implementation of the CEDAW.
⇒ Special Rapporteur on Violence against Women - independent expert appointed by the UNHRC to investigate and report on issues of violence against women including its causes and consequences worldwide.
⇒ Working group on Discrimination against Women and Girls - special mechanism of the UNHRC conposed of five independent experts, on protection against violence and discrimination based on sexual orientation and gender identity. Thy are tasked to identify, promote, and exchange views on best practices to eliminate laws that discriminate against women or are discriminatory to women in terms of implementation or impact and practices that discrimnate against women.
⇒ Others: Commission on the Status of Women; UN Women
Women, Peace and Security Agenda
⇒ UN Security Council Resolution 1325, 2000- is a global policy framework taht recognizes the importance of involving women in peacebuilding and secuirty preocesses. It calls for the protection of women and girls from wartime violence and the promotion of their rights in post-conflict scenarios.
⇒ Canada: Ambassador for WPS, National Action Plan on WPS - the commitment to the women, peace and security agenda is demostrated through several initiatives, including the appointment of an ambassador. its role is to coordinate efforts across the canadian government to support these initiatives.
Rights of Indigenous Peoples
Are specific legal and human rights that recognize indigenous groups distinct cultures, identities, and relationships to their ancestral lands. These rights are designed to protect indigenous peoples from discrimination, ensure their participation in decision-making processes, and promote their economic, social, and cultural well-being.
— Relevant treaties/instruments
⇒ United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) 2007: it emphasizes the right to self-determination, the importance of preserving cultural traditions, and the righs to land, education, and health.
⇒ International Labour Organization Convention No. 169 on Indigenous and Tribal Peoples 1989: This is the only legally binding international instrument that deals specifically with the rights of indigenous and tribal peoples. It recognizes their rights to land and natural resources and calls for respect for their identities and cultures.
⇒ Indigenous and tribal peoples convention 1957: this was the first international treaty concerning indigenous peoples rights, focusing on integrating indigenous peoples into the broeader society.
⇒ ICCPR, article 27: minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.
⇒ CERD: the International convention on the elimination of all forms of discrimination is a united nations treaty that aims to stop racial discrimination around the world.
⇒ UN declaration on the rights of indigenous peoples: UNDRIP is a document that outlines the rights of indigenous peoples globally. (self-determination, land and resources, cultural preservation, conslutation and consent. education and health, non-discrimination).
— Key bodies/experts:
⇒ Special Rapporteur on the rights of indigenous peoles: an independent expert appointed by the united nations human rights council. their role is to monitor, report, and advise on the rights and conditions of indigenous peoples around the world.
⇒ Expert mechanism on the rights of indigenous peoples: (EMRIP): is a body composed of five independent experts who provide the Human Rights Council with expertise on the rights of indigenous people. they conduct studies, provide research based advice.
⇒ UN Permanent Forum on Indigenous Issues (UNPFII): is a body to the economic and social Council (ECOSOC), and they discuss indigenous issues related to economic and social development, culture, the environment, education, health, and human rights.
— UN Bodies/Canadian Indigenous rights concerns
⇒ UN Human Rights Committee: Lovelace in 1977 (sex discrimination in Indian Act), Omniyak (land rights);
⇒ CEDAW: Matson (sex discrimination in Indian Act)
⇒ CERD, Early Warning/Urgent Action Procedure: Site C, Coastal Gas Link, Transmountain Pipeline, Lobster Fishery, PRairie Green Landfill
Racism
— Treaties:
⇒ Non-discrimination protections, including, on grounds of race, in UN charter, UDHR, both covenants, CERD
⇒ UN Charter - promotes human rights and fundamental freedoms for all, without racial discrimination
⇒ Universal Declaration of Human Rights (UDHR): states that all people are born free and eqaul and explicitly prohibits discrimination based on race
⇒ Convention on the Elimination of All forms of racial discrimination (CERD): targets racial discrimination, requiring countries to outlaw and eliminate it in all forms, including hate speech and discrimination in jobs and services.
— Soft law:
⇒ Declarations dealing with racial discrimination, minorities, and religious intolerance/discrimination - they set important standards and norms that encourage nations to improve policies and practices without legally binding them.
⇒ Durban Declaration, 2001 - statement that acknowleges thje pervasive effects of racism and calls for concrete measures to combat racial discrimination.
⇒ CERD General Recommendations - these are non-binding reccomendations issued by the committee on the elimination of racial discrimination that provide guidance to countries on how to better impement the provisions of the CERD treaty.
⇒ SDG 10.2 - part of the UN agenda to reduce inequality within and among countries by 2030.
⇒ Inernational Decade for People of African Descent, 2015-2024 - initiative focuse on recognize, justice, and development for people of african descent. it aims to highlight the contributions of African descent people, promote their full inclusion…
— Special Procedures:
⇒ Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance - expert investigates and reports on racism, xenophobia, and related intolerance around the world.
⇒ Working Group of Experts on People of African Descent - studies the problems of racial dioscrimination faced by people of african descent and suggests measures to ensure full and effective access to the justice system by this group.
⇒ Special Rapporteur on minority issues - focuses on the rights and challenges of ethnic, religious, and linguistic minorities.
⇒ Special Rapporteur on contemporary forms of slavery (all have visited Canada over the past 20 years) - adresses issues of modern slavery, including forced labor, child labor, and marriage, providing guidelines for its abolition.
⇒ Permanent Forum of People of African Descent - is a un body that provides advice and expertise on the problems of racial discrimination faced by people of african descent by integrating their rights into the development framework of the countries they live in.
Right to housing
ESC rights obligations:
⇒ ICESCR, article 2: international cooperation, maximum available resources. progressive realization, without discrimination
⇒ CESCR General Comment 3: minimum core obligation
⇒ Right to housing in Treaties/instruments, “adequate housing”
⇒ UDHR, ICESCR
⇒ CEDAW, CRC, CMW, CRPD, UN DRIP
Oversight:
⇒ UN Special Rapporteur on the right to adequate housing
⇒ CESCR, General comment 4 and also 7 (foruced evictions) and 22 (land/RSC rights).
⇒ Canadian law - national right to housing act art. 4 “right to housing is a fundamental human right affirmed in international law”
Right to health
⇒ UDHR, art. 25 and ICESCR art 12
⇒ CERD, CEDAW, CRC, CMW, CRPD, UN DRIP
⇒ ICCPR art. 6
— Oversight:
⇒ special rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
⇒ CESCR, general comments 14 (health) and 22 (sexual and reproductive health)
— Right to life:
⇒ HRC general comment 36, right to life and health care
Toussaint case: denial of essential health care on basis of immigration
National security and the prohibition on torture
— ICCPR art. 4
⇒ in a time of public emergency which threatens the life of the nation states can derogate from their obligations to the extent strictly required by the exigencies of the situation, not inconsistent with other obligations under international law and not involving discrimination.
— UNCAT art. 2
⇒ no exceptional circumstances whatsoever, such as was or threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.
— Oversight:
⇒ Speical rapporteur on human rights and counter-terrorism
⇒ Supreme court of Canada
Freedom of opinion and expression
— Nature of CP obligations, ICCPR, art. 2
⇒ respect and ensure respect to all indiviuals within its territory without distiction of any kind. Some rights have inherent liminations, including respect of the rights or reputations of others, national security, public order, public health, morals. Applies to: freedom of movement, public access to fair trials, manifestation of religion, freedom of expression, assembly, association.
— Oversight:
⇒ Special rapporteur on freedom of opinion and expression
Business and human rights
— Soft law standards:
⇒ UN guiding principles on business and human rights - government obligations and business resposibilities
— UN Bodies:
⇒ Working group on business and human rights
— Canada
⇒ Supreme court of canada
⇒ Canadian ombudsperson for resposible enterprise
International justice
— International criminal court - july 1 2002
⇒ Genocide, war crimes, crimes against humanity, agression
⇒ crimes within a state party, committed by a state party, jurisdiction accepted by a state, situation referred by security council.
⇒ Complementarity - ICC assumes jurisdiction only if states fails to pursue justice
— Universal jurisdiction
⇒ prosecution by any state regardless of where it happened and who were victims or perpretrators.
⇒ applies to crimes under international law, like genocide, torture, enforced disappearances, extrajudicial executions.
⇒ Canadian law - crimes against humanity and war crimes act
— Immigration admissibility and civil lawsuits
Technology and human rights
⇒ maximing the benefits, preventing & mitigating the harms
⇒ privacy and data protection.
discrimination, racism and sexism - artifical intelligence and biases
⇒ freedom of opinion and expression
Climate crisis and human rights
HRC resolution on climate change
⇒ list of treaties and human rights concents, highlighting vulnerable populations
⇒ human rights to a clean, healthy and sustainable environment
⇒ Special procedures: special rapporteur on the issue of human rights obligations relating to the enjoyement of a safe, clean and healthy and sustainable environment and on the promotion and protection of human rights in the context of climate change
⇒ treaty bodies - general comments/roccemndations from CRC and CEDAW and HRC (rights to life).
Nature of human rights obligations
Three part framework to all IHRL obligations
⇒ respect - states must refrain interfering with or curtailing the enjoyment of human rights
protect - states must protect individuals and groups against human rights abuses
fulfil - state must take positive action to facilitate the enjoyment of basic human rights
— Vienna declaration
⇒ All human rights are universal, indivisible, interdependent and interrelated
⇒ equality and non discrimination is at the foundation of all human rights
Key human rights instruments
— International Bill of Human rights: UDHR, ICCPR and ICESCR
— 7 Key treaties: CERD, CEDAW, CAT, CRC, CMW, CRPD, CED
— 9 optional protocols: ICCPR x2, ICESCR, CEDAW, CAT, CRC x3, CRPD
— Soft law: UN DRIP, Guiding principles on BHR, declaration on HRDs Mandela rules
Main human rights bodies
— Human rights council
⇒ Special procedures: special rapporteurs, independent experts, working groups
⇒ Universal periodic review
— Treaty bodies/committees
⇒ Periodic reviews
⇒ Individual complaints
⇒ General comments
IHRL is universal
Universal in its geographic, temporal & personal reach
Universal in its relevance to all aspects of society
Universality includes being resposive to regional, local, and cultural realities
Universality means IHRL must recognize the biases and restrictions inherent in its foundations
Universality is most powerful when approached with indivisibility, interdependence and interrelatedness across CP/ESC rights as the frame
IHRL evolves
in the past 15 years: Indigenous peoples, enforced disappearences, rights of persons with disabilities, healthy environment resolutions
New instruments/resolutions underway: Crimes against humanity convention
Responding to emerging areas: digital/tech, climate crisis, pandemic
IHRL has an impact
many states to date UN processes seriously
There are binding mechanisms: regional courts, ICC, ICJ…
Scope expanding beyond states and is being take seriously
Various ways to enforce IHRL domestically
Powerful for advocacy, public education and empowerment
IHRL faces challenges
Under resourcing
deepening polarization and politicization
not always seen as relevant to today´s challenges
enforcement and implementation gap
human rights defenders face increased risk