HUMR5140 Introduction to Human Rights Law Autumn Lecture 3: International Bill of Rights

Transcription

1 HUMR5140 Introduction to Human Rights Law Autumn 2012 Lecture 3: International Bill of Rights

2 Outline 1. Development of human rights in law: Idealisation, positivisation, realisation 2. What is the International Bill of Rights? 3. The typology of States obligations 4. Absolute vs. relative rights 5. Immediate vs. progressive realisation

3 The development of human rights Idealisation Three Phase phases 1: Re-idealisation Normativisation and realisation

4 Phase 1: Idealisation Fear and Want Rule by Power Phase 2: Human Rights Law Phase 3: Realisation Enjoyment of Life Rule of Law

5 Phase 2: Early norms pertaining to conduct during armed conflicts From ancient times to 1900 The transformation of ideals into normative standards Important step: UDHR 1948 but was it the first step? Early 20 th Century

6 Phase 2: A necessary sidestep: Three «generations» First generation: Civil and political rights Liberté Second generation: Economic, social and cultural rights Egalité but was it the first step? US Declaration Code of of French Habeas Magna English Peace «Rights Corpus Carta, of Bill of of Independence, Hammurabi, Fourth Augsburg, Man», Rights, Act, 1215 generation? BC Third generation: Group and collective rights Fraternité

7 Phase 2: Early 20 th Century Attempted positivisation with the League of Nations Minority rights Right to health Anti-slavery Women s rights Labour rights

8 Economic collapse Phase 2: Early 20 th 20 th Century

9 Devastation of World War II Phase 2: 20 th Century Dresden, Germany Shanghai, China London, UK Manilla, The Philippines

10 Brutality of the State Phase 2: 20 th Century Nanking massacre Japanese forces burying prisoners alive German forces detain and kill undesirable citizens German Program to kill handicapped people because they were costly to Taxpayers life unworthy of living

11 The destructive power of States demonstrated Phase 2: 20 th Century USA Atomic Bombing of Hiroshima in 1945 First Soviet Test of an Atomic Bomb in 1949 First Chinese Test of an Atomic Bomb in 1964

12 Phase 2: Modern positivisation The UN Charter 20 th Century After World War II San Francisco Conference Drafting of the UN Charter (1945) 1st Session of the UN General Assembly Central Hall in London (10 Jan 1946)

13 Phase 2: Modern positivisation The UN Charter After World War II Determined to reaffirm faith in fundamental human rights Preamble Art. 1 Arts. 55 and 56 The purposes of the United Nations are To achieve international co-operation in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; The United Nations shall promote universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. All Members pledge themselves to take joint and separate action in co-operation with the Organization for the achievement of the purposes set forth in Article 55.

14 The Universal Declaration of Human Rights (1948) Phase 2: Modern positivisation After World War II Renè Cassin from France P.C. Chang from China, Eleanor Roosevelt from USA, John Humphrey from Canada (of UN Secretariat), Charles Malik from Lebanon, Vladimir Koretsky from the USSR The UN General Assembly unanimously proclaimed the UDHR as a common standard of achievement

15 The Universal Declaration of Human Rights (1948) Phase 2: Modern positivisation After World War II Legal status? UNGA resolution, legally non-binding International customary law Content? Both CivPol and EcoSocCul rights Bridged the gap between CP and ESC rights Art. 1: All human beings are born free and equal Art. 2: The basic principle of non-discrimination Arts. 3-21: Civil and political rights ICCPR Arts : Economic, social and cultural rights ICESCR

16 Phase 2: Modern positivisation and realisation: Some challenges and developments A World Court for Human Rights? The recognition of grave human rights violations as a justification for intervention Individual international responsibility for violations of human rights law The responsibility of non-state actors NCHR research project: The legitimacy of multi-level human rights judiciary The legalisation of international relations The fragmentation of human rights tribunals A focus on the wrong human rights?