Human Rights Law. Nine doctrines that constitute the canon

Transcription

1 Human Rights Law Nine doctrines that constitute the canon

2 Universal Declaration of Human Rights Drafted in 1948 in the aftermath of WWII Was not a binding document but a recognition of *universal* principles expressed as a common standard of achievement for all peoples and all nations Constituted the foundation of two binding documents that were drafted and ratified in 1966: ICCPR & the ICSECR The three docs = Int l Bill of HR

3 International Covenant on Civil and Political Rights Adopted by GA in 1966, entered into force 1976, 164 parties, Human Rights Committee (1976) 52 articles (1-27: rights) & (28-53: process) Basic Principles: equality before the law & non-discriminatory protection of the law 2 optional protocols (ind l petitions) & (abolition of death penalty) Less controversial than ICESCR because no concomitant financial commitment. Still this is controversial because it represented an ideological rift

4 International Convention on Social, Economic, Cultural Rights Adopted in 1966, entered into force in 1976, 160 parties, CESCR (1987) Monitored by CESCR as the treaty body 31 Articles: 1-25 (rights) & (process) Right to work Right to non-discrimination Just & favourable conditions of work Trade union rights Right to social security Protection of the family Right to adequate standard of living Right to health Right to education Right to participate in cultural life Article 6: right to work--why is this highlighted by detractors? Article 7 & 8: do they have domestic forms in the US

5 Convention on the Rights of the Child adopted 1989, entered into force 1990, 191 parties (most widely accepted of all HR treaties), CRC (1990) 1st time children are singled out as exclusive subjects of int l rights and protections emphasis on best interest of the child Why single out children if most rights are already enumerated in other treaties? child: every child below age of 18 unless law specifies that majority is attained earlier special protections: from economic and sexual exploitation; trafficking; illicit use of drugs; conscription into military service [under age 15] 2 optional protocols: raise minimum age to enter armed conflict to 18 & enforcement jurisdiction for sexual exploitation of children

6 Convention on the Elimination of All Forms of Discrimination Against Women adopted 1979, entered into force 1981, 185 parties, CEDAW (1982) est. bill of rights for women as well as an action agenda Discrimination: any distinction, exclusion, or restriction made on the basis of sex...in the political, economic, social, cultural, civil, or any other field. (1) legal status; (2) reproduction; and (3) cultural factors affecting gender relations most reservations to Art 29 in that it provided a private rights of action

7 International Convention on the Elimination of All Forms of Racism adopted 1965, entered into force 1969, 173 parties, 36 ratified ind l petition process, CERD (1969--first to be est) art 1-7: rights and art. 8-25: process context of apartheid regime maintained right to discriminate b/w citizen & non-citizen convention called on States to refrain from disc. & to combat individuals and groups that are engaged in racism CERD committee: 18 members, creative ways of implementation Art. 22: unresolved disputes shall be referred to the ICJ--no case has been referred thus far

8 International Convention on the Protection of all Migrant Workers and Members of their Families Adopted 1990, entered into force 2003, 40 parties, CMW (2004-1st session) migrant workers are more vulnerable to abuse--rights reiterate principles enshrined in CP & ESCR 2 sets of rights: for all workers as well as documented (equal access & right to be politically active) art (rights) & (process) art. 25: cant derogate from rights of workers with private contracts art. 76 & 77: right of complaint by other state parties right to file ind l petitions because 10 members have ratified the convention

9 Convention Against Torture Adopted in 1984, entered into force 1987, 146 parties, CAT (1987) note its also art. 7 in the ICCPR must have element of the color of law to be actionable art. 2: no exception & no superior order defense art. 3: prohibition of refoulment--basis for asylum art. 15: information gathered during torture can t be used in court optional protocol (2002): est. a system whereby int l and nat l bodies make regular visits to places of detention with the aim of preventing torture or other ill-treatment. Goes into effect when 20 states have ratified it. entered into force in parties!

10 Convention on the Rights of Persons with Disabilities adopted 2006, opened for signature Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others. emphasis on inherent dignity & ability to live independently women and children with disabilities are specifically mentioned 1) equality/non-discrimination; 2) awareness raising; 3) liberty and security; 4) independent living The rights enshrined in all previous treaties are reiterated here optional protocol recognized individual petitions

11 Reporting Periodicities Treaty Initial report within Periodic reports every! ICERD 1 year 2 years! ICESCR* 2 years 5 years! ICCPR 1 year 4 years! CEDAW 1 year 4 years! CAT 1 year 4 years! CRC 2 years 5 years! ICRMW 1 year 5 years! CRC-OPSC 2 years 5 years or with next CRC report! CRC-OPAC 2 years 5 years or with next CRC report!! * Article 17 of the Covenant does not establish a reporting periodicity, but gives ECOSOC discretion to establish its own reporting programme.! Article 41 of the Covenant gives the Human Rights Committee discretion to decide when periodic reports shall be submitted. In general, these are required every four years.