Flashcards in 1.3 Formal Statements of HR Deck (35):
How have major developments of HR come about
Major developments in human rights have come from formal statements made through the United Nations. The UDHR is a soft international law that conferred only moral obligations. Eventually, the 1960s saw the signing of the ‘twin treaties’ (hard international law) that formed the blueprint for understanding the nature of human rights in the future. These were the ICCPR and ICESCR.
What was the first formal statement of HR and what sort of law is it?
Universal Declaration of Human Rights 1948- soft law
Why was a formal statement of HR needed?
Only recently HR given formal recognition by int. community.
Reasons for the recognition of many of these rights:
- horrors of WWI and WWII.
-also growing sense of purpose shared by international community at the end of these wars.
What documents were established that marked the beginning of true international recognition of HR?
The United Nations Charter-1945
What is the UN Charter-1945
A treaty that binds all members of the UN.
what does UN Charter-1945 promote and where is this detailed?
it's fundamental purpose is to promote respect for HR
article 55 and 56.
What do each of the UDHR's articles do?
Of its 30 articles, each sets out a particular human right/set of rights
What are the formal statements of HR?
What is the international bill of rights made of?
What is the UNDHR given force by?
What is the ICCPR and what does it do?
International Covenant on Civil and Political Rights 1966 details the the 'non negotiable rights'
-creates an obligation on state parties to respect civil and political rights of individuals.
When was the ICCPR drawn up?
Is the UDHR legally binding?
NOT legally binding – however, these rights are so widely accepted that they have become part of the general principles of int. law, even though they may not be part of customary international law
What could be the most important right in the
The right to personal choice
How has the UDHR impacted on HR over the past 50 years?
It has presented a guideline for all nations to follow.
+given global citizens a series of min. standards
+identified the types of rights that should be protected.
UDHR-1948 represented a critical turning point in human rights, why (1)?
The UDHR, (1st dec written by UN), became the high point in the quest for the recognition of HR. Adopted in 1948 the UDHR covers the right to life, liberty, security, thought and many more.
UDHR-1948 represented a critical turning point in human rights, why (2)?
Since adopted, UDHR has inspired 200+ international treaties, conventions, declarations and bills of rights in the last 50 years. It is possibly the most important of all human rights documents.
When did the International Covenant on Civil and Political Rights and the International Covenant on Economic Social and Cultural Rights come into effect?
What are the articles in the ICCPR intended to be and why?
Binding rights- it says that all signatory states agree to ensure that the rights set out by the ICCPR apply in their territories.
What was established to monitor and manage complaints regarding rights and these declarations?
The Human Rights Committee.
What is the International Covenant on Economic Social and Cultural Rights- 1966
The ICESCR creates an obligation on state parties to work towards granting economic, social and cultural rights to individuals.
Is the ICESCR completely binding?
No. It places more limited obligations on signatories than the ICCPR. States have to make use of their max available resources in carrying out this convention. States are expected to achieve these rights progressively.
What does the International Covenant on Economic Social and Cultural Rights- 1966 do?
Gives force to the 2nd part of the UDHR, protecting economic, social and cultural rights
What are the most important differences between the ICCPR and ICESCR?
ICCPR is binding and it included equality and outlawed slavery.
ICESCR is less binding, looked at getting members to work together and went further including economic rights
What have been other formal statements/treaties that deal with HR?
Declaration on the Rights of Indigenous Peoples 2006
What has the 'International Bill of Rights' inspired?
200+ more international treaties, conventions, declarations on human rights
How have some older treaties been 'upgraded'?
Through the use of optional protocols.
What is a more recent protocol that has been upgraded to better protect HR?
The Optional Protocol to CROC on the involvement of children in Armed Conflict (2002)
What does The Optional Protocol to CROC on the involvement of children in Armed Conflict (2002) add to CROC 1989?
it adds extra rights (and responsibilities for govs) to avoid having children involved in fighting in conflict.
What is the oldest formal statement of HR?
Magna carta 1215
What did Magna carta 1215 do?
established the Rule of Law and habeus corpus
+ began the beginning of a democracy- gave some power to nobles
What did the English Bill of Rights 1969 allow for?
true democracy where monarch not involved in daily governance
What did the American Declaration of Independence 1776 do?
Gave a basic def. HR and of democratic elections
What did the French Declaration on the Rights of Man and Citizen promote?
Liberty and established the presumption of innocence.