1. What are Human Rights?
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1 Ludwig Boltzmann Institut für Menschenrechte Ludwig Boltzmann Institute of Human Rights 1. What are Human Rights? Manfred Nowak Professor for International Human Rights Law, University of Vienna Director, Ludwig Boltzmann Institute of Human Rights, Vienna UN Special Rapporteur on Torture
2 What are Human Rights? Descriptive, legal and philosophical approaches 1) Those fundamental rights, which empower human beings to shape their lives in accordance with liberty, equality and respect for human dignity 2) The sum of civil, political, economic, social, cultural and collective rights laid down in international and regional human rights instruments, and in the constitutions of states 3) The only universally recognized value system under present international law comprising elements of liberalism, democracy, popular participation, social justice, the rule of law and good governance
3 Human Rights Terminology Human rights (international law) Fundamental rights (national constitutional law) Human rights (for everyone) Citizen s rights (for citizens) Human rights (individual rights) Peoples rights (collective rights)
4 Examples I Is the death penalty permissible under present international law? Article 2 ECHR; Article 6 CCPR; Article 4 ACHR; 6th and 13th AP ECHR; 2nd OP to CCPR; 1990 Protocol to ACHR; Soering v. UK; Ng v. Canada; Errol Johnson v. Jamaica; State v. Makwanyane and Mchunu (South African Constitutional Court) Is corporal punishment permitted? Tyrer v. United Kingdom, Campbell and Cosans v. United Kingdom, Human Rights Committee General Comment No. 7(16), Osbourne v. Jamaica, Higginson v. Jamaica, Sooklal v. Trinidad and Tobago What is torture? Article 1 CAT, Ireland v. United Kingdom, Bleier v. Uruguay, Aksoy v. Turkey, Selmouni v. France
5 Examples II Which human rights are violated by an act of enforced disappearance? Velasquez Rodriguez v. Honduras, Bautista v. Colombia, Kurt and Tas v. Turkey, Matanovic and Palic v. Republika Srpska, UN Declaration on Enforced Disappearance What is the meaning of the principle of non-refoulement? Article 33 Geneva Refugee Convention; Article 3 CAT; Article 3 ECHR; Article 7 CCPR; Motumbo v. Switzerland Are there other provisions restricting the deportation of aliens? Article 8 ECHR; 4th AP to ECHR; Article 1 of 7th AP to ECHR; Article 12(4) and 13 CCPR; Beldjoudi v. France; Nasri v. France; Stewart v. Canada
6 Examples III Are states permitted to prohibit homosexuality? Dudgeon v. United Kingdom, Toonen v. Australia Is there a human right to divorce? Article 12 ECHR; Article 5 of 7th AP to ECHR; Johnston and Others v. Ireland Is banishment to an island a deprivation of personal liberty? Article 5 ECHR; 4th AP to ECHR; Guzzardi v. Italy What are legitimate grounds for deprivation of personal liberty? Article 5 ECHR Does a public broadcasting monopoly violate freedom of information? Article 10 ECHR, Informationsverein Lentia and Others v. Austria
7 Examples IV Does the Turkish prohibition to wear a scarf (hijab) in public universities violate freedom of religion? Article 9 ECHR, Article 2 of 1st AP to ECHR, Karaduman v. Turkey, Bulut v. Turkey Is the public denial of the Nazi Holocaust protected by freedom of expression? Articles 19 and 20 CCPR, Faurisson v. France Does the right to education mean that states have to build and maintain schools? Article 2 of 1st AP to ECHR, Articles 13 and 14 CESCR, Article 29 CRC
8 Examples V Is poverty a violation of human rights? Articles 2 and 11 CESCR; Draft UN Guidelines: A Human Rights Approach to Poverty Reduction Strategies Are states under an obligation to prohibit female genital mutilation? CEDAW, Declaration on Violence against Women, draft protocol to the Banjul Charta on the Rights of Women in Africa Do indigenous peoples have a right to enjoy their own culture? ILO Convention No. 169; Article 27 CCPR; Kitok v. Sweden; Lubican Lake Band v. Canada; Mahuika et al. v. New Zealand
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