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Human Rights Notes

Human Rights Part 1

  • Access to Healthcare
  • Right to Social Security
  • Freedom of the Press
  • Right to Privacy
  • Free Speech

What are Human Rights?

  • Human rights are inherent to all individuals from birth.
  • Rights cannot be taken away and are considered universal.
  • Violation of these rights is a Human Rights violation.
  • The Universal Declaration of Human Rights (UDHR) was created in response to the Holocaust after World War II.
  • UDHR was created in 1948.
  • International Covenant on Civil and Political Rights (ICCPR).
  • International Covenant on Economic, Social and Cultural Rights (ICESCR).

Legality of UDHR

  • The UDHR is not legally binding.
  • It serves as a moral compass rather than an enforceable law.

Civil Rights Movement

  • Civil liberties are rights and freedoms related to the government, including freedom of speech, association, religion, and assembly. The government cannot abridge these rights.
  • Civil rights protect against discrimination based on race, gender, religion, age, and sexual orientation.
  • Protected groups vary by state and society.

Importance of Human Rights

  • Human rights become relevant when everyday security is absent.
  • They are most needed when most violated.
  • When well-respected, they are often taken for granted.

The Charter of the United Nations (1945)

  • Drafted in San Francisco during the closing months of WWII.
  • Established as an international forum for settling disputes, encouraging development, and affirming human rights.

The Universal Declaration of Human Rights

  • Includes 30 articles:
    • Article 3: Everyone has the right to life, liberty, and security of person.
    • Article 4: No one shall be held in slavery or servitude.
    • Article 5: No one shall be subjected to torture or cruel, inhuman, or degrading treatment or punishment.
    • Article 11:
      • (1) Everyone charged with a penal offense has the right to be presumed innocent until proved guilty in a public trial with necessary guarantees for defense.
      • (2) No one shall be held guilty of any penal offense due to an act or omission that was not a penal offense under national or international law at the time of commission. Nor shall a heavier penalty be imposed than applicable at the time of the penal offense.
    • Article 15:
      • (1) Everyone has the right to a nationality.
      • (2) No one shall be arbitrarily deprived of nationality nor denied the right to change it.

Beyond the UDHR

  • The UDHR provided the basis for the International Covenant on Civil and Political Rights (ICCPR) in 1966, committing states to respect civil and political rights.
  • The International Covenant on Economic, Social and Cultural Rights (ICESCR) in 1966 focuses on labor rights and the right to health.

UDHR Problem

  • No specific court exists to support individuals if their UDHR rights are violated.
  • The UDHR lacks sufficient legal force.

ECHR vs. UDHR

  • UDHR: 1948
  • ECHR: 1953

The European Court of Human Rights

  • Established in 1949 by the Council of Europe (not the EU).
  • Introduced the European Convention of Human Rights (ECHR).
  • ECHR protects individuals from persecution.
  • Compliance rate with judgments is around 90%.

Geneva Conventions

  • Created to ensure humane treatment during conflict.
  • Aimed to protect individuals not participating in war.

Application of Geneva Conventions

  • Apply to all cases of international conflict when at least one warring nation has ratified the Conventions.
  • Primarily apply to declared war between signatory nations.

Ratification

  • Ratification is an international act where a state indicates consent to be bound to a treaty. It provides time to seek domestic approval and enact necessary legislation.
  • In bilateral treaties, ratification is accomplished by exchanging instruments.
  • In multilateral treaties, the depositary collects ratifications, informing all parties.

Accession

  • Accession is when a state accepts the opportunity to join a treaty already negotiated and signed by other states.
  • It has the same legal effect as ratification.
  • Accession usually occurs after the treaty has entered into force.

UK & Human Rights Treaties

  • Lists various human rights instruments and their ratification status by the UK, including:
    • International Convention on the Elimination of All Forms of Racial Discrimination
      • Signature: 1966, Ratification/Accession: 1969
    • International Covenant on Civil and Political Rights
      • Signature: 1968, Ratification/Accession: 1976
    • International Covenant on Economic, Social and Cultural Rights
      • Signature: 1968, Ratification/Accession: 1976
    • Convention on the Elimination of All Forms of Discrimination against Women
      • Signature: 1981, Ratification/Accession: 1986
    • Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
      • Signature: 1985, Ratification/Accession: 1988

The International Bill of Rights

  • Composed of three documents:
    • Universal Declaration on Human Rights
    • International Covenant on Economic, Social and Cultural Rights (ICESCR)
    • International Covenant on Civil and Political Rights (ICCPR)

Human Rights Part 2

Citizenship and Human Rights

  • ECHR has more power to protect individuals.

Enforcing International Human Rights

  • The cosmopolitan values of universal human rights conflict with the theory of state sovereignty.
  • Article 2 of the UN Charter confirms the equality of sovereignty for all states.
  • General Assembly resolution 2131 (1965) states that no state has the right to intervene in the internal or external affairs of another state.

Soft Law

  • Due to state sovereignty, international law claims, like the UDHR, only represent 'soft law.'
  • States can choose whether to accept outside jurisdiction.
  • The lack of a supranational body undermines the ability to enforce international law.

Examples of Inability to Enforce

  • The United States' opposition to the ICC.
  • Israel's continuation of building settlements in the occupied territories of the West Bank.
  • The UK derogated away from Article 5 of the ECHR when it detained terror suspects without trial.

Important Note

  • There is no