Deborah M. Weissman Reef C. Ivey II Distinguished Professor of Law University of North Carolina School of Law UNC World View November 11, 2015

Transcription

1 Deborah M. Weissman Reef C. Ivey II Distinguished Professor of Law University of North Carolina School of Law UNC World View November 11, 2015

2 Introduction to the international human rights system Introduction to basic human rights documents and treaties Monitoring and enforcement Introduction to regional human rights systems A focus on the Inter-American human rights system Some examples of using human rights law at home.

3 Universal Inalienable Indivisible Interdependent

4 International Bill of Rights Universal Declaration of Human Rights (1948) International Covenant on Civil and Political Rights (1966) International Covenant on Economic, Social and Cultural Rights (1966)

5 International Convention on the Elimination of All Forms of Racial Discrimination Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment International Convention on the Elimination of All Forms of Discrimination Against Women Convention on the Rights of the Child International Convention on the Protection of the Rights of Migrant Workers Convention on the Rights of Persons with Disabilities International Convention for the Protection of All Persons from Enforced Disappearance

6 Treaty periodic reporting. Universal Periodic Review. Special Procedures. Thematic Reports by country Implementation Concerns Other Critiques

7 Inter-American system: commission and court model. European system: court model African system: commission and court model Newly developing Association of Southeast Asian Nations. ASEAN Human Rights System

8 Organization of American States (OAS) Four pillars: Democracy Human rights Security Development

9 Inter-American Commission on HR Located in Washington DC. 7 members, independent; elected by OAS G.A. Inter-American Ct of HR Judicial organ of the OAS. Located in Costa Rica. 7 judges from OAS member states elected in their personal capacity. Jurisdiction over states who have accepted the court s jurisdiction. IACHR refers cases. No direct recourse by state or individuals.

10 Inter-American Commission on Human Rights International Justice Resource Center Center for Justice and International law

11 OAS Charter- Constitutional text of the OAS Representative democracy Human rights Equality Economic rights Right to education American Declaration of the Rights and Duties of Man Civil and political rights, health, culture, leisure time, social security American Convention on Human Rights Primarily civil and political rights. Commission statutes and regulations

12 Inter-American Commission on Human Rights Contentious Jurisdiction Individual Complaints Precautionary Measures Reports Country Reports Follow up Reports Thematic Reports Other Tools Recommendations Advisory Services Statements Hearings Rapporteurs, On Site Visits,

13 Examples- Reports, Recommendations address state responsibility for forced disappearances domestic violence third party infringement of indigenous property arbitrary detention in counter-terrorism violation of due process of migrants environmental damages.

14 Financial Compensation Legislative reform or repeal Equitable Reparation Education and human rights training of state officials Erection of monuments with names of victims Publication of books or translation of judgments Creation of schools, cultural projects Provision of psychiatric or psychological assistance to victims

15 Involve Member States in a dialogue Create spaces for coordination/movementbuilding Provide redress to victims and family Create awareness of an issue Change patterns and practices Create guarantees against non-repetition Give legitimacy to a claim Change domestic laws, constitutions Prosecution and/or punishment of perpetrators Protect persons in danger Important to teach human rights.