intro to Human Rights Violations and Victims' Rights

BASIC CONCEPTS AND BRIEF OVERVIEW OF HUMAN RIGHTS VIOLATIONS AND THE RIGHT TO AND EFFECTIVE REMEDY Aug 11, 2008 Unit presented by: Angela Contreras-Chavez Course: Truth and Reconciliation: Politics and Possibility of Memory Theme: Introduction to Human Rights Interfaith Institute for Peace, Justice, and Social Movements Burnaby, BC

Objectives

Recognize a human rights violation in the basis of the UNDHR, UN International HR Treaties, and other relevant HR instruments.

Name the groups at higher risk of becoming victims of HR violations.

Name basic rights and needs of victims of HR violations.

WHAT IS A HUMAN RIGHT?

Human rights are universal legal guarantees protecting individuals and groups against actions of state and non-state actors which interfere with fundamental freedoms and human dignity (UN, 2000)

BASIC CATEGORIES OF HUMAN RIGHTS

Right to Dignity

Fundamental Freedoms

Right to Equality

Political Rights

Fair Trial (due process)

Solidarity Rights

Protection of Groups at Risk

INTERNATIONAL LEGISLATION: IHRL and IHL Universal Declaration of Human Rights 1948 International Covenant in Economic, Social, and Cultural Rights (ICESCR -1966) International Covenant on Civil and Political Rights and Optional Protocols (ICCPR – 1996) Four Geneva Conventions 1949 & Two Additional Protocols (1977) Genocide Crimes Against Humanity War Crimes Grave Breaches Of Geneva Conventions

PROTECTION OF HR BC HR Code CDN HR Act CDN Charter of RR and FF IHRL & IHL UN Charter of HR

HAVE YOU EVER EXPERIENCED DISCRIMINATION?

WHAT IS DISCRIMINATION?

When an individual, or a group of individuals, have been singled out and treated adversely or differently than others due to group characteristics such as race, colour, religious belief or sexual orientation, then discrimination has likely occurred . (BC HR Coalition)

YOUR RISK OF BECOMING VICTIM OF HR VIOLATION?

Minorities

Children

Women

Elderly and Persons with Disabilities

Refugees

Groups Protected from Discrimination

BC HR Code

Race

Colour

Ancestry

Place of origin

Political beliefs

Religion

Marital status

Family status

Physical or mental disability

Sex

Sexual orientation

Age (19 and over)

Criminal and summary conviction

Source of income

CDN HR Act

Race

National or ethnic origin

Colour

Religion

Age

Sex

Sexual orientation

Marital status and family status

Disability

Conviction for an offence for which a pardon has been granted

HUMAN RIGHTS ISSUES

..

.

FORCED DISAPPEARANCE

KIDNAPPING

TORTURE

RACIAL DISCRIMINATION

SUMMARY EXECUTION

RAPE

GENOCIDE

 ONE VICTIM

CRIME– CRIMINAL (offender)

STATE (offended)

Legal system concern: protecting the rights of the offender (punishment, rehabilitation)

 Criminal Justice System

WHAT ABOUT THE VICTIM?

Concern for victims’ rights and needs (protection, compensation)

 Victims’ Rights System

“ Victims should be treated with compassion and respect for their dignity. They are entitled to access to the mechanisms of justice and to prompt redress, as provided for by national legislation, for the harm they have suffered.”

– U.N. Victims Declaration,1985

paragraph four

What’s the international definition of “victim?”

Art 1 UN Victims Declaration 1985:

Victim of crime is any person, or group of persons, that individually or collectively, has suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of fundamental rights, through acts or omissions that are in violation of criminal laws operative within Member States, including those laws proscribing criminal abuse of power.

What about indirect victims? Witnesses, dependants of a direct victim, friends and other relatives, non-governmental organizations (juristic persons)… UN Basic Principles and Guidelines (2005):

And then, there are more definitions of victim

Victims of Crime Act [RSBC 1996] (BC) / Crime Victim Assistance Act . [SBC 2001] CHAPTER 38. Assented to August 27, 2001 (BC)

Mandate for Truth and Reconciliation Commission (Canada)

Guatemala’s Commission for Historical Clarification (CEH)

Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power --Adopted by General Assembly resolution 40/34 of 29 Nov 1985

UN Basic Principles on Victims’ Right to Remedy and Reparation ---The right to restitution, compensation and rehabilitation for victims of grave violations of human rights and fundamental freedoms --------- E/CN.4/RES/2002/44 - 23 April 2002

U.N. Declaration of Basic Principles for Victims of Crime and Abuse of Power (“the Victims Declaration”)

U.N. Basic Principles and Guidelines on the Right to Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law ----------A/Res/60/147 21 Mar 2006 

Identifying a Victim of Human Trafficking

Sample Screening Questions:

What type of work do you do?

Are you being paid?

Can you leave your job?

Can you come and go as you please?

Have you or your family been threatened?

What is your working and living condition like?

Where do you sleep and eat?

Do you have to ask permission to eat/sleep/go to the bathroom

Are there locks on your doors/windows that you cannot unlock?

Has your identification or documentation been taken from you?

(Copied from the Rescue and Restore, HHS, "Look beneath the Surface“

question card; US. Department of Health and Human Services Website, 2006)

http://aspe.hhs.gov/hsp/07/HumanTrafficking/IdentVict/ib.htm#Defining

Report  Application  Evidence

Victimization (Report)  Application  Evidence

VICTIMS’ RIGHTS

"[I]n honouring the victims' right to benefit from remedies and reparation, the international community keeps faith and human solidarity with victims, survivors and future human generations, and reaffirms the international legal principles of accountability, justice and the rule of law" Preamble, E/CN.4/2000/62

VICTIMS’ RIGHT TO COMPENSATION