Human Rights Explained: Key Concepts and Documents
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What Are Human Rights?What Are Human Rights?
Human rights are thoseHuman rights are those
rights that every humanrights that every human
being possesses and isbeing possesses and is
entitled to enjoy simply byentitled to enjoy simply by
virtue of being human.virtue of being human.
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Early Formulations ofEarly Formulations of
Principles Respecting HumanPrinciples Respecting Human
DignityDignity
Hindu VedasHindu Vedas
Babylonian Code ofBabylonian Code of
HammurabiHammurabi
The BibleThe Bible
The QuranThe Quran
Aztec Code ofAztec Code of
NezahualcayolNezahualcayol
Iroquois ConstitutionIroquois Constitution
Magna Carta, 1215Magna Carta, 1215
English Bill of Rights,English Bill of Rights,
16891689
French Rights of ManFrench Rights of Man
and Citizen, 1789and Citizen, 1789
US Bill of Rights, 1791US Bill of Rights, 1791
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The Dynamics of Human RightsThe Dynamics of Human Rights
GreaterGreater
recognitionrecognition
BetterBetter
enforcementenforcement
to recognizeto recognizeto enforceto enforce
ACTIONACTION
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Traumatic Historical Events:Traumatic Historical Events:
Worker’s strugglesWorker’s struggles
FascismFascism
Independence strugglesIndependence struggles
World Wars,World Wars,
especially WW II.especially WW II.
History of the UDHRHistory of the UDHR
Inspired theInspired the
UniversalUniversal
Declaration ofDeclaration of
Human RightsHuman Rights
which formulateswhich formulates
the minimumthe minimum
standards of humanstandards of human
treatment andtreatment and
respect.respect.
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Principles of the UDHRPrinciples of the UDHR
The inherent dignity of allThe inherent dignity of all
members of the humanmembers of the human
familyfamily
EqualityEquality
A universal standardA universal standard
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Structure of the UDHRStructure of the UDHR
Preamble:Preamble:
Articles 1-11Articles 1-11
Articles 12-17Articles 12-17
Articles 18-21Articles 18-21
Articles 22-27Articles 22-27
Articles 28Articles 28
Articles 29-30Articles 29-30
Human rights principles
Personal rights
Individual in community
Civil & political rights
Social & economic rights
Realization of rights
Rights & UN objectives
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Assessment of the UDHRAssessment of the UDHR
AchievementsAchievements
LimitationsLimitations
PossibilitiesPossibilities
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International Bill of RightsInternational Bill of Rights
19771977
International CovenantInternational Covenant
on Economic, Socialon Economic, Social
and Cultural rightsand Cultural rights
InternationalInternational
Covenant on Civil &Covenant on Civil &
Political RightsPolitical Rights
ICESCRICESCRICCPRICCPR
Universal Declaration of Human RightsUniversal Declaration of Human Rights
19481948
UDHRUDHR
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A system of agreement betweenA system of agreement between
states wherestates where
RightsRights are spelled outare spelled out
ObligationsObligations of states are spelled outof states are spelled out
MechanismsMechanisms to enforce obligations areto enforce obligations are
spelled outspelled out
ProceduresProcedures to challenge the state areto challenge the state are
providedprovided
International LawInternational Law
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Under its Charter, the UN’s purpose is to protect rightsUnder its Charter, the UN’s purpose is to protect rights
of people everywhereof people everywhere
All member states are bound by this principleAll member states are bound by this principle
Treaties between members (covenants or conventions)Treaties between members (covenants or conventions)
spell out special rights and obligationsspell out special rights and obligations
Treaties also establish how the agreements will beTreaties also establish how the agreements will be
enforcedenforced
They set up means to hold states accountable for theirThey set up means to hold states accountable for their
behaviors.behaviors.
UN System for ProtectingUN System for Protecting
Human RightsHuman Rights
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Comparing the Covenants:Comparing the Covenants:
ICCPRICCPR ICESCRICESCR
States must “respectStates must “respect
and completely refrainand completely refrain
from” violations of civilfrom” violations of civil
& political rights.& political rights.
Allows for individualAllows for individual
complaints.complaints.
Rights betterRights better
developed.developed.
States must commit toStates must commit to
“progressive implementation”“progressive implementation”
of social & economic rights.of social & economic rights.
Does not allow for individualDoes not allow for individual
complaints.complaints.
Rights less developed.Rights less developed.
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Principal Human RightsPrincipal Human Rights
InstrumentsInstruments
UDHR, 1948UDHR, 1948
ICCPR,1977ICCPR,1977
ICESCR, 1977ICESCR, 1977
Other SpecializedOther Specialized
Conventions, developed sinceConventions, developed since
19481948
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1948 UDHR
1966
ICCPR
ICESCR
Emergence of theEmergence of the
UN Human Rights SystemUN Human Rights System
1976
ICCPR &
ICESCR ENTER
INTO FORCE. . .
1993
Vienna Human
Rights
Declaration
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Human Rights from Concept toHuman Rights from Concept to
ConventionConvention
22
Drafted
by a working
group
33
Adopted
by the General
Assembly 66
Entered into
Force
as international
law
55
Ratified
by member
states
44
Signed
by member
states
United NationsUnited Nations
11 Advocated
by concerned
people
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State Responsibility forState Responsibility for
Human Rights EnforcementHuman Rights Enforcement
A State Party to aA State Party to a human rightshuman rights
instrument promises:instrument promises:
To promote and protect the rightsTo promote and protect the rights
in the instrument for everyone inin the instrument for everyone in
the countrythe country
ToTo change its national laws tochange its national laws to
conform to the instrument;conform to the instrument;
To report regularly on its progressTo report regularly on its progress
in enforcement and conformity.in enforcement and conformity.
Editor's Notes
19th & 20th Century workers struggles—led to the formation of the ILO (International labour Organisation) 1919
World War I-- League of Nations formed 1919
Atrocities of World War II—
United Nations Established 1945, UN Human Rights Commission, 1945, December 10, 1948
Universal Declaration of Human Rights
Independence struggles
adopted
PREAMBLE: Human rights principles and the importance of human rights education
ARTICLES 1-11: Personal Rights (e.g., equality, liberty, life, liberty, security)
ARTICLES 12-17: Rights of the individual in her relationships with her community (e.g., the rights to privacy of family, to marry, to enjoy freedom of movement, to have a nationality)
ARTICLES 18-21: Civil and political rights
ARTICLES 22-27: Social and economic rights
ARTICLE 28: The right to a social and international order in which human rights can be fully realized
ARTICLES 29-30: Principles that harmonize rights with other UN objectives
ACHIEVEMENTS AND LIMITATIONS OF THE UDHR
Since its adoption in 1948, the UDHR has –
Achieved the status of International Customary Law;
Served as the model for the constitutions of many newly established states;
Served as the foundation document on which the human rights framework has been built;
Inspired people around the world to achieve and protect the rights it enshrines
However the UDHR has significant limitations:
As a declaration, the UDHR is not binding law;
The UDHR provides only very general definitions of rights;
Omits many rights (e.g., women are mentioned only in regard to marriage and motherhood).
Using the UDHR as a foundation, human rights advocates work to --
Develop legally binding rights instruments;
Expand, interpret and clarify the meanings of rights;
Gain the recognition and definition of new rights;
Ensure that governments enforce and protect the rights they have guaranteed.
States promise to “respect and completely refrain from” violations of civil and political rights but only to commit “progressive implementation” of social and economic rights.
States must “immediately and completely refrain” from torture and other violations of civil and political rights but only commit to “progressively working toward” actualizing the human rights to health, housing, social security, etc.
Individual complaints regarding civil and political rights may be brought before the Human Rights Commission but no such mechanism exists for social and economic rights.
In general the rights and obligations of states to promote and protect civil and political rights are much clearer and better developed than for economic, social, and cultural rights.
As a result of these differences, violations of civil and political rights are much more likely to be addressed.
Specialized Conventions
Convention on the Prevention and Punishment of the Crime of Genocide, 1948
Convention for the Suppression of the Traffic in Person and of the Exploitation of the Prostitution of Others, 1949
Convention Relating to the Status of Refugees, 1951
Convention on the Political Rights of Women, 1953
Convention on the Nationality of Married Women, 1957
Convention on the Reduction of Statelessness, 1961
Convention on consent to Marriage, Minimum Age for Marriage and Registration of Marriages, 1962
Convention on the Elimination of All Forms of Racial Discrimination, 1966
Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, 1968
Convention on the Suppression and Punishment of the Crime of Apartheid, 1973
Convention on the Elimination of All Forms of Discrimination Against Women, 1979
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984
Convention on the Rights of the Child, 1989
1948 – UDHR & UN Charter—no treaties or mechanisms yet.
1966 – ICCPR/ICESCR Adopted & Open for Ratification.
1976 – Two major Conventions enter into force
1975 – First UN Women’s conference
1980 – CEDAW adopted
1985 – Nairobi Women’s NGO Forum
1990’s – UN Conferences (on Environment, Human Rights, Population, Economic and Social Rights, Women etc.)
ADVOCATED.
Concerned people work to define a problem, draw attention to it, get it recognized as a human rights violation, and pressure government to act to create laws about it.
DRAFTED by a working group.
The UN General Assembly appoints a working group of governmental representatives as well as representatives of intergovernmental organizations (IGOs) and nongovernmental organizations (NGOs)
ADOPTED by vote of the General Assembly.
SIGNED by member states.
Signing indicates that the process for ratification has begun and that a government agrees not to commit acts that would be contrary to the objectives of the convention.
RATIFIED by member states.
When a government ratifies a convention, it signifies its intention to comply with the convention, including changing national aw to agree with the convention and reporting regularly on its progress toward implementation.
ENTERED INTO FORCE.
A convention goes into effect as International Law when a prescribed number of members have ratified it.
STATE RESPONSIBILITY FOR HUMAN RIGHTS ENFORCEMENT
NB: human rights instruments bind a government ONLY if it chooses to relinquish some state sovereignty and ratify that document.
Responsibilities of a State Party to a human rights instrument:
To promote and protect the rights in the instrument for everyone in the country;
To change its national laws to conform to the instrument;
To report regularly on its progress in enforcement and conformity.
Reservations: States parties sometimes make reservations, formal exceptions to articles of an instrument that do not agree to follow. However, reservations may not undercut the fundamental meaning of the instrument.
Entry into Force: When an instrument has received the required number of ratification, it enters into force as international law.
