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Introduction to Human RightsIntroduction to Human Rights
Human rights are traditionally categorized in the following
five types
Civil Rights
Political Rights
EconomicRights
Cultural Rights
SocialRights
This is compilation of Presentation to introduce HR subjects to my students with due acknowledgement to all the sources
Basic Documents on Human RightsBasic Documents on Human Rights
19481948 Universal Declaration of Human RightsUniversal Declaration of Human Rights
19661966 International Covenants on Human RightsInternational Covenants on Human Rights
International Covenant on CPRInternational Covenant on CPR
International Covenant on ESCRInternational Covenant on ESCR
a)a) Specific topics: Torture, Racial discriminationSpecific topics: Torture, Racial discrimination
b)b) Specific victim groups: Gender, ChildrenSpecific victim groups: Gender, Children
General Comments & Recommendations by all treaty bodiesGeneral Comments & Recommendations by all treaty bodies
including:including:
General Comment 12, 1999General Comment 12, 1999
General Comment 15 on drinking water, 2002General Comment 15 on drinking water, 2002
Economic Rights
Cultural RightsSocial Rights
Civil Rights Political Rights
Civil and Political Rights
Civil Rights Political Rights
Civil rights deal with standards of judiciary
and penal systems.
Political rights deal with specific
components of participation in political
power.
These rights are often focused on when
one talks about human rights.
Economic Rights
Cultural RightsSocial Rights
ESCR - The neglected half of HumanESCR - The neglected half of Human
RightsRights
Economic Rights deal with the sphere of human
beings working, producing and servicing.
Social Rights deal with standard of living and
quality of life for all persons, including those not
participating in economic activities.
Cultural Rights deal with the cultural sphere of life
including ethnic culture, subcultures, arts and
science.
““Distinctions” of CPR ESCRDistinctions” of CPR ESCR
Civil and Political
rights (CPR)
Economic, social, and
cultural rights (ESCR)
Rationale for challenging
the distinction
Objective is to
ensure freedom
Objective is to ensure
equality
Freedom requires both types
of rights, and equality must
be assured in both
Negative (freedom
from=droit attribut)
Positive (right to=droit
créance)
Obligation to respect,
protect, and fulfill apply to
all rights.
Cost-free
(individual
freedom)
Resources re quired
(welfare)
Requirement of resources is
dependent on the type of
obligation not on the type of
right.
Justiciable Political or
programmatic
All rights eventually become
justiciable as better they are
defined
Immediate
implementation
Progressive
implementation
Elements of immediate and
progressive implementation
apply to all rights in varying
degrees
Absolute,
immutable
Relative, responsive to
changing conditions
All rights have a core of
which the implementation is
indispensible
Indivisibility of Human RightsIndivisibility of Human Rights
“All human rights are universal, indivisible and
interdependent and interrelated. The international
community must treat human rights globally in a fair and
equal manner, on the same footing, and with the same
emphasis. While the significance of national and
regional particularities and various historical, cultural and
religious backgrounds must be borne in mind, it is the
duty of States, regardless of their political, economic and
cultural systems, to promote and protect all human rights
and fundamental freedoms.”
The Vienna Declaration and Program of Action (June 1993, Paragraph 5)
Summary
Civil Rights
Political Rights
EconomicRights
Cultural Rights
SocialRights
Indivisibility
Interrelatedness
Interdependence
Human rights are indivisible and highly interrelated.
FRAMING OUR HUMAN RIGHTS
QUESTIONS
 What are the historic and philosophicalWhat are the historic and philosophical
foundations for “human rights”?foundations for “human rights”?
 What are the underlying principles of theWhat are the underlying principles of the
Universal Declaration of Human Rights?Universal Declaration of Human Rights?
 How does the Universal Declaration of HumanHow does the Universal Declaration of Human
Rights and our stories connect to HumanRights and our stories connect to Human
Rights Education?Rights Education?
Story of the evolution of Human RightsStory of the evolution of Human Rights
 How do we tell our story of the evolution ofHow do we tell our story of the evolution of
human rights and human rightshuman rights and human rights
education?education?
 We must recognize our ancestors and
elders, whose shoulders we are standing
upon!
Philosophical Visions:
Human Nature - A search for Common secular inquiry and human reason
400 B.C.E. est. - Mo Zi founded Mohist School of Moral Philosophy in400 B.C.E. est. - Mo Zi founded Mohist School of Moral Philosophy in
ChinaChina
Importance of duty, self-sacrifice, and an all-embracing respect forImportance of duty, self-sacrifice, and an all-embracing respect for
othersothers –– ““universally throughout the worlduniversally throughout the world ””
300 B.C.E. est.300 B.C.E. est. –– Chinese sage MenciousChinese sage Mencious
Wrote on theWrote on the ““human naturehuman nature”” –– ““humans are fundamentally good, buthumans are fundamentally good, but
goodness needs to be nurturedgoodness needs to be nurtured ””
300 B.C.E. est.300 B.C.E. est. –– Hsun-tzuHsun-tzu
AssertedAsserted ““to relieve anxiety and eradicate strife, nothing is a effectiveto relieve anxiety and eradicate strife, nothing is a effective
as the institution of corporate life based on a clear recognition ofas the institution of corporate life based on a clear recognition of
individual rightsindividual rights ””
1750 B.C.E.1750 B.C.E. –– King Hammurabi in BabylonKing Hammurabi in Babylon
Necessary to honor broad codes of justice among people. Created oneNecessary to honor broad codes of justice among people. Created one
of the earliest legal codes to govern behaviorof the earliest legal codes to govern behavior –– ““let the oppressed manlet the oppressed man
come under my statuecome under my statue ”” to seek equal justice in lawto seek equal justice in law
Ancient EgyptAncient Egypt
Explicit social justiceExplicit social justice –– ““comfort the afflictedcomfort the afflicted ……refrain from unjustrefrain from unjust
punishment. Kill notpunishment. Kill not ……make no distinction between the son of a man ofmake no distinction between the son of a man of
importance and one of humble originimportance and one of humble origin ””
Early Sanskrit writings in IndianEarly Sanskrit writings in Indian
Responsibility of rulers for the welfare of people.Responsibility of rulers for the welfare of people. ““None should beNone should be
allowed to sufferallowed to suffer …… either because of poverty or of any deliberateeither because of poverty or of any deliberate
actions on the part of othersactions on the part of others ””
Philosophical Visions:
Human Nature - A search for Common secular inquiry and human reason
300 B.C.E.300 B.C.E. –– Ashoka of IndiaAshoka of India
Freedom of worship and other rights of his subjects. Other leadersFreedom of worship and other rights of his subjects. Other leaders
from this area impartial justice and social equality and no castesfrom this area impartial justice and social equality and no castes
should exist since all are from one treeshould exist since all are from one tree
1616thth
century - Hindu philosopher Chaitanyacentury - Hindu philosopher Chaitanya
““There is only one casteThere is only one caste –– humanityhumanity ””
Sikh leader Guru Gobind SinghSikh leader Guru Gobind Singh
ProclaimedProclaimed ““recognize all the human race as onerecognize all the human race as one ””
1010thth
Century - Al-Farabi, an Islamic PhilosopherCentury - Al-Farabi, an Islamic Philosopher
WroteWrote The Outlook of the People of the City of Virtue,The Outlook of the People of the City of Virtue, a vision of moral societya vision of moral society
in which all individual were endowed with rights and lived in love andin which all individual were endowed with rights and lived in love and
charity with their neighbors.charity with their neighbors.
Greek PhilosophersGreek Philosophers
Equal respect for all citizens (insotimia). Equality before the lawEqual respect for all citizens (insotimia). Equality before the law
(isonomia). Equality in political power (isokratia) and Suffrage(isonomia). Equality in political power (isokratia) and Suffrage
(isopsephia).(isopsephia).
Marcus Tillius CiceroMarcus Tillius Cicero
““Universal justice and law guided human nature to act justly and be ofUniversal justice and law guided human nature to act justly and be of
service to othersservice to others ”” –– This natural lawThis natural law ““binds all human societybinds all human society ””
together, applies to every member oftogether, applies to every member of ““the whole human racethe whole human race ”” withoutwithout
distinction and unique dignity of each person.distinction and unique dignity of each person.
French philosopher Jean-Jacques Rousseau (1762)French philosopher Jean-Jacques Rousseau (1762)
““Man is born free, but everywhere he is in chainsMan is born free, but everywhere he is in chains
Precursors to 20th Century Human Rights Documents
 1750 B.C.E.1750 B.C.E.
Code of Hammurabi, BabyloniaCode of Hammurabi, Babylonia
 1200 - 300 B.C.E.1200 - 300 B.C.E.
 Old TestamentOld Testament
 551 - 479 B.C.E.551 - 479 B.C.E.
Analects of ConfuciusAnalects of Confucius
 40 - 100 C.E.40 - 100 C.E.
New TestamentNew Testament
 644 - 656 C.E.644 - 656 C.E.
KoranKoran
 12151215
Magna Carta, EnglandMagna Carta, England
 14001400
Code of Nezahualcoyotl, AztecCode of Nezahualcoyotl, Aztec
1648
Treaty of Westphalia, Europe
1689
English Bill of Rights, England
1776
Declaration of Independence,
United States
1787
United States Constitution
1789
French Declaration on the Rights
of Man and the Citizen, France
1791 -United States Bill of Rights
19th and 20th Century Human Rights
based on Natural Rights
 1863: Emancipation Proclamation, United1863: Emancipation Proclamation, United
StatesStates
 1864 & 1949: Geneva Conventions,1864 & 1949: Geneva Conventions,
International Red CrossInternational Red Cross
 1919: League of Nations Covenant,1919: League of Nations Covenant,
International Labor Organization (ILO)International Labor Organization (ILO)
CreatedCreated
 1920: Women gain the right to vote in the1920: Women gain the right to vote in the
U.S.U.S.
 1926: Slavery Convention1926: Slavery Convention
 1945: United Nations Charter, San Francisco1945: United Nations Charter, San Francisco
 1947: Mohandas Gandhi uses non-violent1947: Mohandas Gandhi uses non-violent
What are the Human Rights Principles?
 The rights thatThe rights that
someone hassomeone has
simply becausesimply because
he or she is ahe or she is a
human being &human being &
born into thisborn into this
worldworld..
CORE PRINCIPLES:
Human Dignity
Equality
Non-discrimination
Universality
Interdependency
Indivisibility
Inalienability
Responsibilities
What are the Common Myths about
Human Rights
 Human Rights = civil rights.Human Rights = civil rights.
 Economic, Social, and Cultural RightsEconomic, Social, and Cultural Rights
(i.e., healthcare, housing) are privileges.(i.e., healthcare, housing) are privileges.
 Human Rights applies only in poor,Human Rights applies only in poor,
foreign countries.foreign countries.
 Human Rights are only concerned withHuman Rights are only concerned with
violations.violations.
 Only lawyers can understand theOnly lawyers can understand the
significance of Human Rights.significance of Human Rights.
Universal Declaration of Human Rights
History and Current Status
 The Universal Declaration of Human Rights (UDHR)
was drafted by the UN Commission on Human Rights
chaired by, then first lady, Eleanor Roosevelt. The
UDHR was adopted by the 56 member nations of the
UN General Assembly on December 10, 1948.
 December 10th is celebrated around the world as
International Human Rights Day. The 192 member
states in the U.N., upon membership, agreed to
educate their citizens about the principles of the
UDHR. Most of these countries have incorporated the
principles of the UDHR into their constitutions.
 “The UDHR specifies minimal conditions of a
dignified life.”
Human Rights InstrumentsHuman Rights Instruments
Organizations / agreements working for protecting,Organizations / agreements working for protecting,
promoting human Rightspromoting human Rights
International Bill of Human Rights
2 O p tio na l P ro toc o ls to th e IC C P R
(M e m b e r n a tio n s p e rm it in d ivid u a ls o r g ro u p s
to rep o rt p e rso n a l h u m a n rig h ts viola tio n s to th e
U N H u m a n R ig h ts C o m m itte e)
In t'l C o ve n a n t o n C ivil a n d P o litic a l R ig h ts
(IC C P R )
A d o pte d b y U N G e n e ra l A sse m b ly in 1 9 6 6
E n te re d in to F o rce in 1 9 7 6
In t'l C o ven a n t o n E c o n o m ic, S o c ia l an d C u ltu ra l R ig h ts
(IC E S C )
A d o p te d b y th e U N G e n e ra l A sse m b ly in 1 9 6 6
E n tere d in to F o rce in 1 9 7 6
U n ivers a l D e c la ra tio n o f H u m a n R ig h ts
(U D H R )
D e ce m b e r 10 , 1 9 4 8
General
Assembly
Security Council
Trusteeship Council
Secretariat
Economic &
Social Council
International Court of World Justice
Commission on Human Rights
International Labour Organization (ILO)
United Nations Children’s Fund (UNICEF)
United Nations Development Fund for Women
United Nations Educational, Scientific & Cultural Organization (UNESCO)
World Health Organization (WHO)
Human Rights InstrumentsHuman Rights Instruments
The UN General AssemblyThe UN General Assembly
 The United Nations currently comprises 185The United Nations currently comprises 185
member statesmember states, all of which belong to the General, all of which belong to the General
Assembly. The General Assembly controls the UN’sAssembly. The General Assembly controls the UN’s
finances, makes non-binding recommendations, andfinances, makes non-binding recommendations, and
oversees and elects members of other UN organs. Itoversees and elects members of other UN organs. It
is the General Assembly that ultimately votes tois the General Assembly that ultimately votes to
adopt human rightsadopt human rights declarationsdeclarations andand
conventionsconventions, which are also called, which are also called treatiestreaties oror
covenantscovenants. For example, in 1948 when the. For example, in 1948 when the UNUN
Commission on Human RightsCommission on Human Rights had completedhad completed
its draft of the Universal Declaration of Humanits draft of the Universal Declaration of Human
Rights, the General Assembly voted to adopt theRights, the General Assembly voted to adopt the
document.document.
The UN Commission on Human Rights
The UN Commission on Human RightsThe UN Commission on Human Rights
Although human rights are fundamental to all functions of the UN, human rights issues mainly fall under theAlthough human rights are fundamental to all functions of the UN, human rights issues mainly fall under the
Economic and Social Council (ECOSOC)Economic and Social Council (ECOSOC) . Made up of fifty-three member states elected by. Made up of fifty-three member states elected by ECOSOCECOSOC
thethe
UN Commission on Human Rights initiates studies and fact-finding missions and discusses specific humanUN Commission on Human Rights initiates studies and fact-finding missions and discusses specific human
rights issues. It has responsibility for initiating and drafting human rights declarations and conventions.rights issues. It has responsibility for initiating and drafting human rights declarations and conventions.
ECOSOCECOSOC also supervisesalso supervises intergovernmental organizations (IGOs)intergovernmental organizations (IGOs) , which are specialized agencies, which are specialized agencies
thatthat
function independently with their own charter, budget, and staff but are affiliated with the UN by specialfunction independently with their own charter, budget, and staff but are affiliated with the UN by special
agreements.agreements. IGOsIGOs report to thereport to the ECOSOCECOSOC and may be asked to review reports from certain UN bodies thatand may be asked to review reports from certain UN bodies that
are relevant to their area of focus.are relevant to their area of focus.
Some intergovernmental organizations that work to protect human rights include:Some intergovernmental organizations that work to protect human rights include:
 International Labor Organization (ILO)International Labor Organization (ILO) – Develops international labor standards and provides technical assistance– Develops international labor standards and provides technical assistance
training to governments.training to governments.
 United Nations Children’s Fund (UNICEF)United Nations Children’s Fund (UNICEF) – Works with other UN bodies, governments, and nongovernmental– Works with other UN bodies, governments, and nongovernmental
organizations to provide community-based services in primary healthcare, basic education, and safe water and sanitationorganizations to provide community-based services in primary healthcare, basic education, and safe water and sanitation
for children in developing countries. Human rights are fundamental to its programming.for children in developing countries. Human rights are fundamental to its programming.
 United Nations Development Fund for Women (UNIFEM)United Nations Development Fund for Women (UNIFEM) – Promotes economic and political empowerment of– Promotes economic and political empowerment of
women in developing countries, working to ensure their participation in development planning and practices, as well as theirwomen in developing countries, working to ensure their participation in development planning and practices, as well as their
human rights.human rights.
 United Nations Educational, Scientific, and Cultural Organization (UNESCO)United Nations Educational, Scientific, and Cultural Organization (UNESCO) – Pursues intellectual cooperation– Pursues intellectual cooperation
in education, science, culture, and communications and promotes development through social, cultural, and economicin education, science, culture, and communications and promotes development through social, cultural, and economic
projects.projects.
 World Health Organization (WHO)World Health Organization (WHO) – Conducts immunization campaigns, promotes and coordinates research, and– Conducts immunization campaigns, promotes and coordinates research, and
provides technical assistance to countries that are improving their health systems.  provides technical assistance to countries that are improving their health systems.  
 Other UN Bodies and Human RightsOther UN Bodies and Human Rights
 TheThe UN Security CouncilUN Security Council, comprising fifteen member states, is responsible, comprising fifteen member states, is responsible
Human Rights InstrumentsHuman Rights Instruments
 International Bill of Human RightsInternational Bill of Human Rights
Human Rights DefendersHuman Rights Defenders
Right of self-determinationRight of self-determination
Prevention of discriminationPrevention of discrimination
Rights of womenRights of women
Rights of the childRights of the child
Slavery, servitude, forced labour and similar institutions andSlavery, servitude, forced labour and similar institutions and
practicespractices
Human rights in the administration of justiceHuman rights in the administration of justice
 Freedom of informationFreedom of information
Freedom of association  Freedom of association  
EmploymentEmployment
Marriage, Family and YouthMarriage, Family and Youth
Social welfare, progress and developmentSocial welfare, progress and development
Right to enjoy culture, international cultural development andRight to enjoy culture, international cultural development and
co-operationco-operation
Nationality, statelessness, asylum and refugeesNationality, statelessness, asylum and refugees
War crimes and crimes against humanity, including genocideWar crimes and crimes against humanity, including genocide
Humanitarian lawHumanitarian law
Human Rights SubjectsHuman Rights Subjects
HH
Health / HIV/AIDS HumanHealth / HIV/AIDS Human
rights / Human rightsrights / Human rights
education  / Human rightseducation  / Human rights
institutions for theinstitutions for the
protection and promotionprotection and promotion
of human rights (Nationalof human rights (National
Institutions)Institutions)
II
Income distribution /Income distribution /
Independence of theIndependence of the
judiciary / Indigenousjudiciary / Indigenous
people) / populations /people) / populations /
Internally displacedInternally displaced
persons / Internationalpersons / International
law and human rightslaw and human rights
JJ
Justice (AdministrationJustice (Administration
of-)of-)
LL
Labor rights -EmploymentLabor rights -Employment
Law enforcementLaw enforcement
MM
Mercenaries / Migrants /Mercenaries / Migrants /
MinoritiesMinorities
NN
National human rights /National human rights /
institutions / Nationalityinstitutions / Nationality
&statelessness&statelessness
PP
PovertyPoverty
RR
Racism and racialRacism and racial
discrimination / Refugees /discrimination / Refugees /
Religious intoleranceReligious intolerance
Right to development / RightRight to development / Right
to education / Right to foodto education / Right to food
SS
Self-determination / SlaverySelf-determination / Slavery
Social Forum / States ofSocial Forum / States of
Emergency / StructuralEmergency / Structural
adjustment and foreign debt /adjustment and foreign debt /
Summary or arbitrarySummary or arbitrary
executionsexecutions
TT
Terrorism / Torture ToxicTerrorism / Torture Toxic
waste /Trade andwaste /Trade and
Investment /TraditionalInvestment /Traditional
practices / Traffic inpractices / Traffic in
persons  / Transnationalpersons  / Transnational
corporations corporations 
WW
War crimes Water (Right to) /War crimes Water (Right to) /
WomenWomen
XX
Xenophobia (Discrimination) Xenophobia (Discrimination) 
  
EE
Economic, social andEconomic, social and
cultural rights / Educationcultural rights / Education
(Right to-) / Enhancing(Right to-) / Enhancing
national capacities /national capacities /
Environment / ExecutionsEnvironment / Executions
(extrajudicial, summary or(extrajudicial, summary or
arbitrary- ) / Exploitationarbitrary- ) / Exploitation
of the prostitution ofof the prostitution of
others  / Extreme poverty others  / Extreme poverty 
FF
Fair trial (right to a-) /Fair trial (right to a-) /
Family rights / FoodFamily rights / Food
(Right(Right
to -) / Forced or bondedto -) / Forced or bonded
labour /  Foreign debtlabour /  Foreign debt
(& Structural(& Structural
adjustment) / Forensicadjustment) / Forensic
science (Humanscience (Human
rights and-) / Freedom ofrights and-) / Freedom of
association / Freedom ofassociation / Freedom of
opinion and expression /opinion and expression /
Freedom of Religion andFreedom of Religion and
beliefbelief
GG
Genocide Girl children /Genocide Girl children /
Globalization / GoodGlobalization / Good
GovernanceGovernance
AA
Adequate housing /
Administration of
justice / AIDS  /
Arbitrary detention  /
Asylum
B
Biotechnology (&
Human rights ) /
Business & human
rights
C
Capital punishment  /
Children' s rights /
Civil and political
rights /Crimes
against humanity
D
Death penalty
(Capital Punishment)
/Defenders (Human
Rights-) /
Democracy
Development
(Human Rights in-) /
Disability ( & Human
Rights)
Disappearances /
Discrimination (other
forms than racism
and racial
discrimination)
Human Rights InstrumentsHuman Rights Instruments
Human Rights USA
1997 Survey Results
 Only 8% of adults and 4% of young people are awareOnly 8% of adults and 4% of young people are aware
the Universal Declaration of Human Rights exists.the Universal Declaration of Human Rights exists.
 After learning about the UDHR, a large majority, 83%,After learning about the UDHR, a large majority, 83%,
feel that the US should do more to live up to thefeel that the US should do more to live up to the
principles of the UDHR.principles of the UDHR.
 2/3 of the people polled (63%) say that the poor are2/3 of the people polled (63%) say that the poor are
usually discriminated against in US.usually discriminated against in US. OthersOthers
discriminated against: the disabled (61%), the elderlydiscriminated against: the disabled (61%), the elderly
(54%), gays and lesbians (51%), Native Americans(54%), gays and lesbians (51%), Native Americans
(50%), and African Americans (41%).(50%), and African Americans (41%).
HUMAN RIGHTS EDUCATIONHUMAN RIGHTS EDUCATION
 ““Human Rights EducationHuman Rights Education isis a meansa means towards socialtowards social
change;change; aa tooltool to transform the theory and practicalto transform the theory and practical
applications into everyday social practice.”applications into everyday social practice.”
 ““In conflict situations and in peace building,In conflict situations and in peace building, HREHRE must be seenmust be seen
to benefit the target populations’ daily lives.”to benefit the target populations’ daily lives.”
“HRE focuses especially on social goals and ideals that“HRE focuses especially on social goals and ideals that
emphasize the dignity of all human beings and the need foremphasize the dignity of all human beings and the need for
laws and institutions that enforce those standards. In so doing,laws and institutions that enforce those standards. In so doing,
HRE contributes directly to the process of building a societyHRE contributes directly to the process of building a society
based on freedom, peace and Justice.”based on freedom, peace and Justice.”
Paul Martin, et al.Paul Martin, et al.
 “Where, after all do universal rights begin? In small
places, close to home – so close and so small that
they cannot be seen on any maps of the world. Yet
they are the world of the individual person; the
neighborhood he lives in; the school or college
he attends; the factory, farm or office where he
works. Such are the places where every man,
woman, and child seeks equal justice, equal
opportunity, equal dignity without
discrimination. Unless these rights have meaning
there, they have little meaning anywhere. Without
concerted citizen action to uphold them close to home,
we shall look in vain for progress in the larger world.”
Elenor RoosweltElenor Rooswelt
Formal state obligations for each human rightFormal state obligations for each human right
Three obligations of actionThree obligations of action ::
 RespectRespect
 ProtectProtect
 FulfilFulfil
Four obligations of processFour obligations of process ::
 Non-discriminationNon-discrimination
 Adequate progressAdequate progress
 ParticipationParticipation
 Effective remedyEffective remedy
Formal state obligations for each human rightFormal state obligations for each human right
Obligation Meaning
RespectRespect The stateThe state must notmust not interfere directlyinterfere directly withwith
people realising their rightspeople realising their rights
Protect The state must stop others from interfering with
people’s rights
FulfilFulfil The stateThe state must buildmust build the legislation, institutions,the legislation, institutions,
norms to realise the rightnorms to realise the right
Non
discrimination
The state must not discriminate in meeting its
obligations
Adequate progress Progress must occur at a rate that show
commitment
Participation People must be able to participate in realising their
rights
Effective remedy There must be a remedy for violations of obligations
Identifying state obligationsIdentifying state obligations::
Obligation Right to Education Right to a fair trialRight to a fair trial
Respect Don’t ban children from school Don’t imprison without trialDon’t imprison without trial
Protect Tackle household gender bias Prevent bribery of judgesPrevent bribery of judges
Fulfil Build schools, train teachers Build courts, train judgesBuild courts, train judges
Non-discrimination No ethnic bias in education
budgets
No racial bias in sentencingNo racial bias in sentencing
Adequate progress Raise enrolments by X% by
2005
Reduce case backlog by XReduce case backlog by X
% by 2006% by 2006
Participation Community role in local
schools
Citizen jury and publicCitizen jury and public
accessaccess
Effective remedy Make complaint procedure
accessible
Right of appeal againstRight of appeal against
mis-trialmis-trial
Realising rights depends on more than the state
 Resources and capacityResources and capacity
 Culture, customs and normsCulture, customs and norms
 The strength of civil societyThe strength of civil society
 External impacts and pressuresExternal impacts and pressures
 Other non state actors…Other non state actors…
People and their rights
The State
Private sector
The media
International
actors
Civil Society
Multi-actor responsibilities: Education in IndiaMulti-actor responsibilities: Education in India
ActorActor ObligationObligation IndicatorIndicator FindingFinding
ParentsParents Must beMust be
willing towilling to
send childrensend children
to schoolto school
% of parents who% of parents who
think education isthink education is
importantimportant
% of enrolment - 89%% of enrolment - 89%
for girls, 98% for boysfor girls, 98% for boys
StateState Must provideMust provide
adequateadequate
facilitiesfacilities
% of schools with% of schools with
poor facilitiespoor facilities
60% leaking roof60% leaking roof
89% no working toilet89% no working toilet
59% no drinking water59% no drinking water
CommunityCommunity Must supportMust support
school andschool and
teachersteachers
% of schools with% of schools with
communitycommunity
meetingsmeetings
In 49% of schools noIn 49% of schools no
meeting for over onemeeting for over one
yearyear
MediaMedia Must reportMust report
neglect ofneglect of
basicbasic
educationeducation
% of newspaper% of newspaper
articles on topicarticles on topic
In one year:In one year:
8,500 articles on8,500 articles on
foreign investmentforeign investment
2,700 on defence 602,700 on defence 60
on rural educationon rural education
What roles can CSO* play ?What roles can CSO* play ?
**Civil Society OrganizationsCivil Society Organizations
ObligationObligation ExampleExample CSO role? Examples…CSO role? Examples…
RespectRespect Don’t imprisonDon’t imprison
without trialwithout trial
- Monitor if there is access to lawyer- Monitor if there is access to lawyer
- Raise awareness on rights of- Raise awareness on rights of
detaineddetained
ProtectProtect Prevent briberyPrevent bribery
of judgesof judges
- Monitor salaries- Monitor salaries
- Research other pressures on judges- Research other pressures on judges
FulfilFulfil Build courts,Build courts,
train judgestrain judges
- Set targets for training of judges- Set targets for training of judges
- Provide human rights training- Provide human rights training
NonNon
discriminationdiscrimination
No racial biasNo racial bias
in sentencingin sentencing
- Indicators of ethnic/political bias in- Indicators of ethnic/political bias in
sentencing, highlight in mediasentencing, highlight in media
AdequateAdequate
progressprogress
Reduce backlogReduce backlog
of casesof cases
- Monitor backlog,- Monitor backlog,
- Set targets for reduction- Set targets for reduction
ParticipationParticipation citizen jury andcitizen jury and
public accesspublic access
- Gain respected voice in legal- Gain respected voice in legal
community, ensure CSOs consultedcommunity, ensure CSOs consulted
EffectiveEffective
remedyremedy
Right of appealRight of appeal
against mis-trialagainst mis-trial
- Monitor appeals, lobby cases- Monitor appeals, lobby cases
- Provide legal aid- Provide legal aid

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Introduction to the Five Types of Human Rights

  • 1. Introduction to Human RightsIntroduction to Human Rights Human rights are traditionally categorized in the following five types Civil Rights Political Rights EconomicRights Cultural Rights SocialRights This is compilation of Presentation to introduce HR subjects to my students with due acknowledgement to all the sources
  • 2.
  • 3. Basic Documents on Human RightsBasic Documents on Human Rights 19481948 Universal Declaration of Human RightsUniversal Declaration of Human Rights 19661966 International Covenants on Human RightsInternational Covenants on Human Rights International Covenant on CPRInternational Covenant on CPR International Covenant on ESCRInternational Covenant on ESCR a)a) Specific topics: Torture, Racial discriminationSpecific topics: Torture, Racial discrimination b)b) Specific victim groups: Gender, ChildrenSpecific victim groups: Gender, Children General Comments & Recommendations by all treaty bodiesGeneral Comments & Recommendations by all treaty bodies including:including: General Comment 12, 1999General Comment 12, 1999 General Comment 15 on drinking water, 2002General Comment 15 on drinking water, 2002
  • 4. Economic Rights Cultural RightsSocial Rights Civil Rights Political Rights
  • 5. Civil and Political Rights Civil Rights Political Rights Civil rights deal with standards of judiciary and penal systems. Political rights deal with specific components of participation in political power. These rights are often focused on when one talks about human rights.
  • 6. Economic Rights Cultural RightsSocial Rights ESCR - The neglected half of HumanESCR - The neglected half of Human RightsRights Economic Rights deal with the sphere of human beings working, producing and servicing. Social Rights deal with standard of living and quality of life for all persons, including those not participating in economic activities. Cultural Rights deal with the cultural sphere of life including ethnic culture, subcultures, arts and science.
  • 7. ““Distinctions” of CPR ESCRDistinctions” of CPR ESCR Civil and Political rights (CPR) Economic, social, and cultural rights (ESCR) Rationale for challenging the distinction Objective is to ensure freedom Objective is to ensure equality Freedom requires both types of rights, and equality must be assured in both Negative (freedom from=droit attribut) Positive (right to=droit créance) Obligation to respect, protect, and fulfill apply to all rights. Cost-free (individual freedom) Resources re quired (welfare) Requirement of resources is dependent on the type of obligation not on the type of right. Justiciable Political or programmatic All rights eventually become justiciable as better they are defined Immediate implementation Progressive implementation Elements of immediate and progressive implementation apply to all rights in varying degrees Absolute, immutable Relative, responsive to changing conditions All rights have a core of which the implementation is indispensible
  • 8. Indivisibility of Human RightsIndivisibility of Human Rights “All human rights are universal, indivisible and interdependent and interrelated. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis. While the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms.” The Vienna Declaration and Program of Action (June 1993, Paragraph 5)
  • 9. Summary Civil Rights Political Rights EconomicRights Cultural Rights SocialRights Indivisibility Interrelatedness Interdependence Human rights are indivisible and highly interrelated.
  • 10. FRAMING OUR HUMAN RIGHTS QUESTIONS  What are the historic and philosophicalWhat are the historic and philosophical foundations for “human rights”?foundations for “human rights”?  What are the underlying principles of theWhat are the underlying principles of the Universal Declaration of Human Rights?Universal Declaration of Human Rights?  How does the Universal Declaration of HumanHow does the Universal Declaration of Human Rights and our stories connect to HumanRights and our stories connect to Human Rights Education?Rights Education?
  • 11. Story of the evolution of Human RightsStory of the evolution of Human Rights  How do we tell our story of the evolution ofHow do we tell our story of the evolution of human rights and human rightshuman rights and human rights education?education?  We must recognize our ancestors and elders, whose shoulders we are standing upon!
  • 12. Philosophical Visions: Human Nature - A search for Common secular inquiry and human reason 400 B.C.E. est. - Mo Zi founded Mohist School of Moral Philosophy in400 B.C.E. est. - Mo Zi founded Mohist School of Moral Philosophy in ChinaChina Importance of duty, self-sacrifice, and an all-embracing respect forImportance of duty, self-sacrifice, and an all-embracing respect for othersothers –– ““universally throughout the worlduniversally throughout the world ”” 300 B.C.E. est.300 B.C.E. est. –– Chinese sage MenciousChinese sage Mencious Wrote on theWrote on the ““human naturehuman nature”” –– ““humans are fundamentally good, buthumans are fundamentally good, but goodness needs to be nurturedgoodness needs to be nurtured ”” 300 B.C.E. est.300 B.C.E. est. –– Hsun-tzuHsun-tzu AssertedAsserted ““to relieve anxiety and eradicate strife, nothing is a effectiveto relieve anxiety and eradicate strife, nothing is a effective as the institution of corporate life based on a clear recognition ofas the institution of corporate life based on a clear recognition of individual rightsindividual rights ”” 1750 B.C.E.1750 B.C.E. –– King Hammurabi in BabylonKing Hammurabi in Babylon Necessary to honor broad codes of justice among people. Created oneNecessary to honor broad codes of justice among people. Created one of the earliest legal codes to govern behaviorof the earliest legal codes to govern behavior –– ““let the oppressed manlet the oppressed man come under my statuecome under my statue ”” to seek equal justice in lawto seek equal justice in law Ancient EgyptAncient Egypt Explicit social justiceExplicit social justice –– ““comfort the afflictedcomfort the afflicted ……refrain from unjustrefrain from unjust punishment. Kill notpunishment. Kill not ……make no distinction between the son of a man ofmake no distinction between the son of a man of importance and one of humble originimportance and one of humble origin ”” Early Sanskrit writings in IndianEarly Sanskrit writings in Indian Responsibility of rulers for the welfare of people.Responsibility of rulers for the welfare of people. ““None should beNone should be allowed to sufferallowed to suffer …… either because of poverty or of any deliberateeither because of poverty or of any deliberate actions on the part of othersactions on the part of others ””
  • 13. Philosophical Visions: Human Nature - A search for Common secular inquiry and human reason 300 B.C.E.300 B.C.E. –– Ashoka of IndiaAshoka of India Freedom of worship and other rights of his subjects. Other leadersFreedom of worship and other rights of his subjects. Other leaders from this area impartial justice and social equality and no castesfrom this area impartial justice and social equality and no castes should exist since all are from one treeshould exist since all are from one tree 1616thth century - Hindu philosopher Chaitanyacentury - Hindu philosopher Chaitanya ““There is only one casteThere is only one caste –– humanityhumanity ”” Sikh leader Guru Gobind SinghSikh leader Guru Gobind Singh ProclaimedProclaimed ““recognize all the human race as onerecognize all the human race as one ”” 1010thth Century - Al-Farabi, an Islamic PhilosopherCentury - Al-Farabi, an Islamic Philosopher WroteWrote The Outlook of the People of the City of Virtue,The Outlook of the People of the City of Virtue, a vision of moral societya vision of moral society in which all individual were endowed with rights and lived in love andin which all individual were endowed with rights and lived in love and charity with their neighbors.charity with their neighbors. Greek PhilosophersGreek Philosophers Equal respect for all citizens (insotimia). Equality before the lawEqual respect for all citizens (insotimia). Equality before the law (isonomia). Equality in political power (isokratia) and Suffrage(isonomia). Equality in political power (isokratia) and Suffrage (isopsephia).(isopsephia). Marcus Tillius CiceroMarcus Tillius Cicero ““Universal justice and law guided human nature to act justly and be ofUniversal justice and law guided human nature to act justly and be of service to othersservice to others ”” –– This natural lawThis natural law ““binds all human societybinds all human society ”” together, applies to every member oftogether, applies to every member of ““the whole human racethe whole human race ”” withoutwithout distinction and unique dignity of each person.distinction and unique dignity of each person. French philosopher Jean-Jacques Rousseau (1762)French philosopher Jean-Jacques Rousseau (1762) ““Man is born free, but everywhere he is in chainsMan is born free, but everywhere he is in chains
  • 14. Precursors to 20th Century Human Rights Documents  1750 B.C.E.1750 B.C.E. Code of Hammurabi, BabyloniaCode of Hammurabi, Babylonia  1200 - 300 B.C.E.1200 - 300 B.C.E.  Old TestamentOld Testament  551 - 479 B.C.E.551 - 479 B.C.E. Analects of ConfuciusAnalects of Confucius  40 - 100 C.E.40 - 100 C.E. New TestamentNew Testament  644 - 656 C.E.644 - 656 C.E. KoranKoran  12151215 Magna Carta, EnglandMagna Carta, England  14001400 Code of Nezahualcoyotl, AztecCode of Nezahualcoyotl, Aztec 1648 Treaty of Westphalia, Europe 1689 English Bill of Rights, England 1776 Declaration of Independence, United States 1787 United States Constitution 1789 French Declaration on the Rights of Man and the Citizen, France 1791 -United States Bill of Rights
  • 15. 19th and 20th Century Human Rights based on Natural Rights  1863: Emancipation Proclamation, United1863: Emancipation Proclamation, United StatesStates  1864 & 1949: Geneva Conventions,1864 & 1949: Geneva Conventions, International Red CrossInternational Red Cross  1919: League of Nations Covenant,1919: League of Nations Covenant, International Labor Organization (ILO)International Labor Organization (ILO) CreatedCreated  1920: Women gain the right to vote in the1920: Women gain the right to vote in the U.S.U.S.  1926: Slavery Convention1926: Slavery Convention  1945: United Nations Charter, San Francisco1945: United Nations Charter, San Francisco  1947: Mohandas Gandhi uses non-violent1947: Mohandas Gandhi uses non-violent
  • 16. What are the Human Rights Principles?  The rights thatThe rights that someone hassomeone has simply becausesimply because he or she is ahe or she is a human being &human being & born into thisborn into this worldworld.. CORE PRINCIPLES: Human Dignity Equality Non-discrimination Universality Interdependency Indivisibility Inalienability Responsibilities
  • 17. What are the Common Myths about Human Rights  Human Rights = civil rights.Human Rights = civil rights.  Economic, Social, and Cultural RightsEconomic, Social, and Cultural Rights (i.e., healthcare, housing) are privileges.(i.e., healthcare, housing) are privileges.  Human Rights applies only in poor,Human Rights applies only in poor, foreign countries.foreign countries.  Human Rights are only concerned withHuman Rights are only concerned with violations.violations.  Only lawyers can understand theOnly lawyers can understand the significance of Human Rights.significance of Human Rights.
  • 18. Universal Declaration of Human Rights History and Current Status  The Universal Declaration of Human Rights (UDHR) was drafted by the UN Commission on Human Rights chaired by, then first lady, Eleanor Roosevelt. The UDHR was adopted by the 56 member nations of the UN General Assembly on December 10, 1948.  December 10th is celebrated around the world as International Human Rights Day. The 192 member states in the U.N., upon membership, agreed to educate their citizens about the principles of the UDHR. Most of these countries have incorporated the principles of the UDHR into their constitutions.  “The UDHR specifies minimal conditions of a dignified life.”
  • 19. Human Rights InstrumentsHuman Rights Instruments Organizations / agreements working for protecting,Organizations / agreements working for protecting, promoting human Rightspromoting human Rights
  • 20. International Bill of Human Rights 2 O p tio na l P ro toc o ls to th e IC C P R (M e m b e r n a tio n s p e rm it in d ivid u a ls o r g ro u p s to rep o rt p e rso n a l h u m a n rig h ts viola tio n s to th e U N H u m a n R ig h ts C o m m itte e) In t'l C o ve n a n t o n C ivil a n d P o litic a l R ig h ts (IC C P R ) A d o pte d b y U N G e n e ra l A sse m b ly in 1 9 6 6 E n te re d in to F o rce in 1 9 7 6 In t'l C o ven a n t o n E c o n o m ic, S o c ia l an d C u ltu ra l R ig h ts (IC E S C ) A d o p te d b y th e U N G e n e ra l A sse m b ly in 1 9 6 6 E n tere d in to F o rce in 1 9 7 6 U n ivers a l D e c la ra tio n o f H u m a n R ig h ts (U D H R ) D e ce m b e r 10 , 1 9 4 8
  • 21. General Assembly Security Council Trusteeship Council Secretariat Economic & Social Council International Court of World Justice Commission on Human Rights International Labour Organization (ILO) United Nations Children’s Fund (UNICEF) United Nations Development Fund for Women United Nations Educational, Scientific & Cultural Organization (UNESCO) World Health Organization (WHO)
  • 22. Human Rights InstrumentsHuman Rights Instruments
  • 23. The UN General AssemblyThe UN General Assembly  The United Nations currently comprises 185The United Nations currently comprises 185 member statesmember states, all of which belong to the General, all of which belong to the General Assembly. The General Assembly controls the UN’sAssembly. The General Assembly controls the UN’s finances, makes non-binding recommendations, andfinances, makes non-binding recommendations, and oversees and elects members of other UN organs. Itoversees and elects members of other UN organs. It is the General Assembly that ultimately votes tois the General Assembly that ultimately votes to adopt human rightsadopt human rights declarationsdeclarations andand conventionsconventions, which are also called, which are also called treatiestreaties oror covenantscovenants. For example, in 1948 when the. For example, in 1948 when the UNUN Commission on Human RightsCommission on Human Rights had completedhad completed its draft of the Universal Declaration of Humanits draft of the Universal Declaration of Human Rights, the General Assembly voted to adopt theRights, the General Assembly voted to adopt the document.document.
  • 24. The UN Commission on Human Rights The UN Commission on Human RightsThe UN Commission on Human Rights Although human rights are fundamental to all functions of the UN, human rights issues mainly fall under theAlthough human rights are fundamental to all functions of the UN, human rights issues mainly fall under the Economic and Social Council (ECOSOC)Economic and Social Council (ECOSOC) . Made up of fifty-three member states elected by. Made up of fifty-three member states elected by ECOSOCECOSOC thethe UN Commission on Human Rights initiates studies and fact-finding missions and discusses specific humanUN Commission on Human Rights initiates studies and fact-finding missions and discusses specific human rights issues. It has responsibility for initiating and drafting human rights declarations and conventions.rights issues. It has responsibility for initiating and drafting human rights declarations and conventions. ECOSOCECOSOC also supervisesalso supervises intergovernmental organizations (IGOs)intergovernmental organizations (IGOs) , which are specialized agencies, which are specialized agencies thatthat function independently with their own charter, budget, and staff but are affiliated with the UN by specialfunction independently with their own charter, budget, and staff but are affiliated with the UN by special agreements.agreements. IGOsIGOs report to thereport to the ECOSOCECOSOC and may be asked to review reports from certain UN bodies thatand may be asked to review reports from certain UN bodies that are relevant to their area of focus.are relevant to their area of focus. Some intergovernmental organizations that work to protect human rights include:Some intergovernmental organizations that work to protect human rights include:  International Labor Organization (ILO)International Labor Organization (ILO) – Develops international labor standards and provides technical assistance– Develops international labor standards and provides technical assistance training to governments.training to governments.  United Nations Children’s Fund (UNICEF)United Nations Children’s Fund (UNICEF) – Works with other UN bodies, governments, and nongovernmental– Works with other UN bodies, governments, and nongovernmental organizations to provide community-based services in primary healthcare, basic education, and safe water and sanitationorganizations to provide community-based services in primary healthcare, basic education, and safe water and sanitation for children in developing countries. Human rights are fundamental to its programming.for children in developing countries. Human rights are fundamental to its programming.  United Nations Development Fund for Women (UNIFEM)United Nations Development Fund for Women (UNIFEM) – Promotes economic and political empowerment of– Promotes economic and political empowerment of women in developing countries, working to ensure their participation in development planning and practices, as well as theirwomen in developing countries, working to ensure their participation in development planning and practices, as well as their human rights.human rights.  United Nations Educational, Scientific, and Cultural Organization (UNESCO)United Nations Educational, Scientific, and Cultural Organization (UNESCO) – Pursues intellectual cooperation– Pursues intellectual cooperation in education, science, culture, and communications and promotes development through social, cultural, and economicin education, science, culture, and communications and promotes development through social, cultural, and economic projects.projects.  World Health Organization (WHO)World Health Organization (WHO) – Conducts immunization campaigns, promotes and coordinates research, and– Conducts immunization campaigns, promotes and coordinates research, and provides technical assistance to countries that are improving their health systems.  provides technical assistance to countries that are improving their health systems.    Other UN Bodies and Human RightsOther UN Bodies and Human Rights  TheThe UN Security CouncilUN Security Council, comprising fifteen member states, is responsible, comprising fifteen member states, is responsible
  • 25. Human Rights InstrumentsHuman Rights Instruments  International Bill of Human RightsInternational Bill of Human Rights Human Rights DefendersHuman Rights Defenders Right of self-determinationRight of self-determination Prevention of discriminationPrevention of discrimination Rights of womenRights of women Rights of the childRights of the child Slavery, servitude, forced labour and similar institutions andSlavery, servitude, forced labour and similar institutions and practicespractices Human rights in the administration of justiceHuman rights in the administration of justice  Freedom of informationFreedom of information Freedom of association  Freedom of association   EmploymentEmployment Marriage, Family and YouthMarriage, Family and Youth Social welfare, progress and developmentSocial welfare, progress and development Right to enjoy culture, international cultural development andRight to enjoy culture, international cultural development and co-operationco-operation Nationality, statelessness, asylum and refugeesNationality, statelessness, asylum and refugees War crimes and crimes against humanity, including genocideWar crimes and crimes against humanity, including genocide Humanitarian lawHumanitarian law
  • 26. Human Rights SubjectsHuman Rights Subjects HH Health / HIV/AIDS HumanHealth / HIV/AIDS Human rights / Human rightsrights / Human rights education  / Human rightseducation  / Human rights institutions for theinstitutions for the protection and promotionprotection and promotion of human rights (Nationalof human rights (National Institutions)Institutions) II Income distribution /Income distribution / Independence of theIndependence of the judiciary / Indigenousjudiciary / Indigenous people) / populations /people) / populations / Internally displacedInternally displaced persons / Internationalpersons / International law and human rightslaw and human rights JJ Justice (AdministrationJustice (Administration of-)of-) LL Labor rights -EmploymentLabor rights -Employment Law enforcementLaw enforcement MM Mercenaries / Migrants /Mercenaries / Migrants / MinoritiesMinorities NN National human rights /National human rights / institutions / Nationalityinstitutions / Nationality &statelessness&statelessness PP PovertyPoverty RR Racism and racialRacism and racial discrimination / Refugees /discrimination / Refugees / Religious intoleranceReligious intolerance Right to development / RightRight to development / Right to education / Right to foodto education / Right to food SS Self-determination / SlaverySelf-determination / Slavery Social Forum / States ofSocial Forum / States of Emergency / StructuralEmergency / Structural adjustment and foreign debt /adjustment and foreign debt / Summary or arbitrarySummary or arbitrary executionsexecutions TT Terrorism / Torture ToxicTerrorism / Torture Toxic waste /Trade andwaste /Trade and Investment /TraditionalInvestment /Traditional practices / Traffic inpractices / Traffic in persons  / Transnationalpersons  / Transnational corporations corporations  WW War crimes Water (Right to) /War crimes Water (Right to) / WomenWomen XX Xenophobia (Discrimination) Xenophobia (Discrimination)     EE Economic, social andEconomic, social and cultural rights / Educationcultural rights / Education (Right to-) / Enhancing(Right to-) / Enhancing national capacities /national capacities / Environment / ExecutionsEnvironment / Executions (extrajudicial, summary or(extrajudicial, summary or arbitrary- ) / Exploitationarbitrary- ) / Exploitation of the prostitution ofof the prostitution of others  / Extreme poverty others  / Extreme poverty  FF Fair trial (right to a-) /Fair trial (right to a-) / Family rights / FoodFamily rights / Food (Right(Right to -) / Forced or bondedto -) / Forced or bonded labour /  Foreign debtlabour /  Foreign debt (& Structural(& Structural adjustment) / Forensicadjustment) / Forensic science (Humanscience (Human rights and-) / Freedom ofrights and-) / Freedom of association / Freedom ofassociation / Freedom of opinion and expression /opinion and expression / Freedom of Religion andFreedom of Religion and beliefbelief GG Genocide Girl children /Genocide Girl children / Globalization / GoodGlobalization / Good GovernanceGovernance AA Adequate housing / Administration of justice / AIDS  / Arbitrary detention  / Asylum B Biotechnology (& Human rights ) / Business & human rights C Capital punishment  / Children' s rights / Civil and political rights /Crimes against humanity D Death penalty (Capital Punishment) /Defenders (Human Rights-) / Democracy Development (Human Rights in-) / Disability ( & Human Rights) Disappearances / Discrimination (other forms than racism and racial discrimination)
  • 27. Human Rights InstrumentsHuman Rights Instruments
  • 28. Human Rights USA 1997 Survey Results  Only 8% of adults and 4% of young people are awareOnly 8% of adults and 4% of young people are aware the Universal Declaration of Human Rights exists.the Universal Declaration of Human Rights exists.  After learning about the UDHR, a large majority, 83%,After learning about the UDHR, a large majority, 83%, feel that the US should do more to live up to thefeel that the US should do more to live up to the principles of the UDHR.principles of the UDHR.  2/3 of the people polled (63%) say that the poor are2/3 of the people polled (63%) say that the poor are usually discriminated against in US.usually discriminated against in US. OthersOthers discriminated against: the disabled (61%), the elderlydiscriminated against: the disabled (61%), the elderly (54%), gays and lesbians (51%), Native Americans(54%), gays and lesbians (51%), Native Americans (50%), and African Americans (41%).(50%), and African Americans (41%).
  • 29. HUMAN RIGHTS EDUCATIONHUMAN RIGHTS EDUCATION  ““Human Rights EducationHuman Rights Education isis a meansa means towards socialtowards social change;change; aa tooltool to transform the theory and practicalto transform the theory and practical applications into everyday social practice.”applications into everyday social practice.”  ““In conflict situations and in peace building,In conflict situations and in peace building, HREHRE must be seenmust be seen to benefit the target populations’ daily lives.”to benefit the target populations’ daily lives.” “HRE focuses especially on social goals and ideals that“HRE focuses especially on social goals and ideals that emphasize the dignity of all human beings and the need foremphasize the dignity of all human beings and the need for laws and institutions that enforce those standards. In so doing,laws and institutions that enforce those standards. In so doing, HRE contributes directly to the process of building a societyHRE contributes directly to the process of building a society based on freedom, peace and Justice.”based on freedom, peace and Justice.” Paul Martin, et al.Paul Martin, et al.
  • 30.  “Where, after all do universal rights begin? In small places, close to home – so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighborhood he lives in; the school or college he attends; the factory, farm or office where he works. Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere. Without concerted citizen action to uphold them close to home, we shall look in vain for progress in the larger world.” Elenor RoosweltElenor Rooswelt
  • 31. Formal state obligations for each human rightFormal state obligations for each human right Three obligations of actionThree obligations of action ::  RespectRespect  ProtectProtect  FulfilFulfil Four obligations of processFour obligations of process ::  Non-discriminationNon-discrimination  Adequate progressAdequate progress  ParticipationParticipation  Effective remedyEffective remedy
  • 32. Formal state obligations for each human rightFormal state obligations for each human right Obligation Meaning RespectRespect The stateThe state must notmust not interfere directlyinterfere directly withwith people realising their rightspeople realising their rights Protect The state must stop others from interfering with people’s rights FulfilFulfil The stateThe state must buildmust build the legislation, institutions,the legislation, institutions, norms to realise the rightnorms to realise the right Non discrimination The state must not discriminate in meeting its obligations Adequate progress Progress must occur at a rate that show commitment Participation People must be able to participate in realising their rights Effective remedy There must be a remedy for violations of obligations
  • 33. Identifying state obligationsIdentifying state obligations:: Obligation Right to Education Right to a fair trialRight to a fair trial Respect Don’t ban children from school Don’t imprison without trialDon’t imprison without trial Protect Tackle household gender bias Prevent bribery of judgesPrevent bribery of judges Fulfil Build schools, train teachers Build courts, train judgesBuild courts, train judges Non-discrimination No ethnic bias in education budgets No racial bias in sentencingNo racial bias in sentencing Adequate progress Raise enrolments by X% by 2005 Reduce case backlog by XReduce case backlog by X % by 2006% by 2006 Participation Community role in local schools Citizen jury and publicCitizen jury and public accessaccess Effective remedy Make complaint procedure accessible Right of appeal againstRight of appeal against mis-trialmis-trial
  • 34. Realising rights depends on more than the state  Resources and capacityResources and capacity  Culture, customs and normsCulture, customs and norms  The strength of civil societyThe strength of civil society  External impacts and pressuresExternal impacts and pressures  Other non state actors…Other non state actors…
  • 35. People and their rights The State Private sector The media International actors Civil Society
  • 36. Multi-actor responsibilities: Education in IndiaMulti-actor responsibilities: Education in India ActorActor ObligationObligation IndicatorIndicator FindingFinding ParentsParents Must beMust be willing towilling to send childrensend children to schoolto school % of parents who% of parents who think education isthink education is importantimportant % of enrolment - 89%% of enrolment - 89% for girls, 98% for boysfor girls, 98% for boys StateState Must provideMust provide adequateadequate facilitiesfacilities % of schools with% of schools with poor facilitiespoor facilities 60% leaking roof60% leaking roof 89% no working toilet89% no working toilet 59% no drinking water59% no drinking water CommunityCommunity Must supportMust support school andschool and teachersteachers % of schools with% of schools with communitycommunity meetingsmeetings In 49% of schools noIn 49% of schools no meeting for over onemeeting for over one yearyear MediaMedia Must reportMust report neglect ofneglect of basicbasic educationeducation % of newspaper% of newspaper articles on topicarticles on topic In one year:In one year: 8,500 articles on8,500 articles on foreign investmentforeign investment 2,700 on defence 602,700 on defence 60 on rural educationon rural education
  • 37. What roles can CSO* play ?What roles can CSO* play ? **Civil Society OrganizationsCivil Society Organizations ObligationObligation ExampleExample CSO role? Examples…CSO role? Examples… RespectRespect Don’t imprisonDon’t imprison without trialwithout trial - Monitor if there is access to lawyer- Monitor if there is access to lawyer - Raise awareness on rights of- Raise awareness on rights of detaineddetained ProtectProtect Prevent briberyPrevent bribery of judgesof judges - Monitor salaries- Monitor salaries - Research other pressures on judges- Research other pressures on judges FulfilFulfil Build courts,Build courts, train judgestrain judges - Set targets for training of judges- Set targets for training of judges - Provide human rights training- Provide human rights training NonNon discriminationdiscrimination No racial biasNo racial bias in sentencingin sentencing - Indicators of ethnic/political bias in- Indicators of ethnic/political bias in sentencing, highlight in mediasentencing, highlight in media AdequateAdequate progressprogress Reduce backlogReduce backlog of casesof cases - Monitor backlog,- Monitor backlog, - Set targets for reduction- Set targets for reduction ParticipationParticipation citizen jury andcitizen jury and public accesspublic access - Gain respected voice in legal- Gain respected voice in legal community, ensure CSOs consultedcommunity, ensure CSOs consulted EffectiveEffective remedyremedy Right of appealRight of appeal against mis-trialagainst mis-trial - Monitor appeals, lobby cases- Monitor appeals, lobby cases - Provide legal aid- Provide legal aid