2. HRBA AND HUMAN RIGHTS FRAMEWORKS
The HRBA is explicitly based on the
international human rights law framework.
HRBA programmes should:
- further the realization of human rights
- use human rights principles and standards to guide all
actions and phases of the programming process.
Main international human rights instruments:
- The Universal Declaration of Human Rights
- The 9 core international human rights treaties
3. THE UNIVERSAL DECLARATION OF HUMAN
RIGHTS 1948
• Historical document
• Sets out universal rights and freedoms of all human
beings in 30 articles
• Elaborated in subsequent international and national
human rights instruments
4. INTERNATIONAL BILL OF HUMAN RIGHTS
UNDHR
1949
ICCPR
1966
Optional
Protocols
ICESCR
1966
Optional
Protocols
5. THE 9 CORE INTERNATIONAL HUMAN
RIGHTS TREATIES
• Central role
• Signature and ratification: Binding to the State Parties
• Specific rights: special protection
• Committees of experts to monitor implementation
• Some supplemented by optional protocols
6. 1. The International Covenant on Civil
and Political Rights 1966 (ICCPR)
Part of the
International Bill
of Rights
UN General
Assembly treaty
State parties must
respect all civil and
political rights
the right to life
freedom from
torture
freedom of religion
freedom of speech
electoral rights
right to a fair trial
etc
United Nations
Human Rights
Committee
1) examines
State Parties
reports
2) considers
individual
complaints
7. 2. International Covenant on Economic,
Social and Cultural Rights 1966 (ICESCR)
Part of the
International Bill of
Rights
UN General
Assembly
treaty
State parties must
“take steps” towards
granting economic,
social and cultural
rights
the right to health
The right to education
Labour rights
The right to an
adequate standard of
living etc.
ESCR Committee
1) examines
State Parties
reports
2) considers
individual
complaints
8. 3. International Convention on the Elimination
of All Forms of Racial Discrimination 1969
(ICERD)
State Parties must
eliminate racial
discrimination in all
its forms
ensuring the right
to equality
prohibiting
discrimination
ensuring effective
remedies for
victims
State parties must
condemn racial
discrimination
promote
understanding
among all races
ICERD Committee
1) examines State
Parties reports
2) issues early
warnings
3) considers
individual
complaints
9. 4. Convention on the Elimination of All Forms of
Discrimination against Women 1981 (CEDAW)
Ending
discrimination
against women
universal definition of
discrimination against
women
agenda of action to
end sex-based
discrimination
State Parties must
eliminate
discrimination
against women
enshrining
male/female equality
into domestic
legislation
repeal all
discriminatory
provisions in laws
new provisions to
protect women against
discrimination
CEDAW Committee
1) examines State
Parties reports
2) considers individual
complaints
10. 5. Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
1987 (CAT)
Eliminating
torture
worldwide
State Parties
To take effective
measures to prevent
torture within their
borders
forbidden from
returning people to a
country where there is
reason to believe they
will be tortured.
CAT
Committee
1) examines State
Parties reports
2) considers individual
complaints
3) subcommittee can
inspect places such as
prisons and detention
centres (OP)
11. 6. Convention on the Rights of the Child 1990 (CRC)
3 Optional
Protocols, only
applicable to States
who ratify them
involvement of
children in armed
conflict
child slavery,
prostitution and
pornography
Children power to
bring individual
complaints
State Parties
commit to
ensuring the
civil, political,
economic and
social rights of
all children
CRC Committee
1) examines State
Parties reports
2) considers
individual
complaints (only
specific to Ops)
12. 7. International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their
Families 2003 (ICRMW)
Promotion of
migrant rights
in each country
Connection
between
migration and
human rights
Guidance
State Parties
commit to
protecting the
rights of
migrant
workers and
their families
CRC Committee
1) examines
State Parties
reports
13. 8. International Convention for the Protection of All
Persons from Enforced Disappearance 2010 (CED)
Preventing
enforced
disappearances
State Parties
must ensure
no one shall be
subjected to enforced
disappearance
it is criminalizad
Instances are
investigated
CED Committee
1) examines State
Parties reports
2) Considers
individual complaints
14. 9. Convention on the Rights of Persons with
Disabilities 2008 (CRPD)
Human rights
for all persons
with disabilities
Wide categorisation
All categories of rights
identifies areas where
State Parties must
make adaptations
State Parties
must ensure
PWD may exercise all
human rights
Make adaptations to
allow for this
CRPD
Committee
1) examines State
Parties reports
2) Considers individual
complaints