Human Rights Flashcards
(36 cards)
What is meant by ‘human rights?
These are moral claims that are inalienable and inherent in all human individuals by virtue of their humanity alone.
Are human rights accepted universally?
Human rights can be found in virtually every culture and
civilization, religion and philosophical tradition.
How did the idea of human
rights protection develop?
The idea that the rights of human beings should be elaborated
and protected has been gradually transformed into written norms.
Many important landmarks led the way, such as, in England, the
Magna Carta (1215), the Petition of Right (1628) and the Bill of
Rights (1689).
What were the first steps taken to protect human rights
at the international level?
The first international treaties concerning human rights were
linked with the acceptance of freedom of religion (e.g. the Treaty
of Westphalia of 1648) and the abolition of slavery
Since the end of the First World War, there has been a growing belief that governments alone cannot safeguard human rights,
and that these require international guarantees.
The experience of the war led to a growing
conviction that effective international protection of human rights
was one of the essential conditions of international world peace
and progress
How is the idea of international
human rights protection reflected in
the Charter of the United Nations?
The Charter states the fundamental objectives of the universal
organization, namely: ‘to save succeeding generations from the
scourge of war’ and ‘to reaffirm faith in fundamental human rights,
in the dignity and worth of the human person and in the equal
rights of men and women’.
Does international scrutiny of a country’s human rights record constitute interference
in the internal affairs of States?
Some States remain sensitive and defensive regarding the scrutiny of their human rights records and continue to invoke Article 2(7) of the United essentially within the domestic jurisdiction of any State’.
However, such behavior is increasingly recognized as an attempt to avoid fulfilling certain obligations under international law and has not prevented human rights issues from being raised within the United Nations system.
Which instruments constitute the
International Bill of Human Rights?
The Universal Declaration of Human Rights constituted
the first part of the International Bill of Human Rights.
International Covenant on Economic, Social and Cultural Rights
(ICESCR) a
International Covenant on Civil and Political
Rights (ICCPR), as well as an Optional Protocol to the ICCPR
Are all human rights equally important?
Human rights comprise civil, political, economic, social and
cultural rights. The Universal Declaration of Human Rights does
not distinguish the rights codified therein on the basis of their
importance and does not provide for a hierarchical classification of
rights.
Which human rights are proclaimed in the Universal Declaration of Human Rights?
The first refers to civil and political rights,
which include:
the right to life,
liberty,
and security of person;
freedom from slavery and torture;
equality before the law;
protection against arbitrary arrest, detention
or exile;
the right to a fair trial;
the right to own property;
political participation;
the right to marriage;
the fundamental freedoms of thought, conscience and religion, opinion and expression;
freedom of peaceful assembly and association; and the right to take part in the government of his/her country, directly or through freely chosen representatives
The second group refers to economic, social and
cultural rights, which, inter alia, relate to:
the right to work;
right to equal pay for equal work;
the right to form and join trade unions; the right to an adequate standard of living;
the right to education; and the right to participate freely in cultural life.
Article 1 & 2 of the Declaration
The first Article of the Declaration expresses the universality of rights, based on the principle that all human beings are born free and equal in dignity and rights.
The second Article expresses the entitlement of all persons to the rights set out without discrimination of any kind.
Are States that were not members
of the United Nations when the Universal
Declaration of Human Rights was
signed, legally bound to respect it?
Although the Universal Declaration of Human Rights is not legally
binding as a treaty, over the years its main principles have acquired
the status of customary international law, which States are legally
bound to respect.
How do the International Covenants
on Civil and Political Rights and on
Economic, Social and Cultural Rights
differ from the Universal Declaration?
The Covenants, unlike the Universal Declaration, are legally binding
treaties for those States that are parties to them. Such States are
thus obliged to respect the procedures for their implementation,
including the submission of periodic reports on their compliance
with their obligations under the Covenants.
What rights are protected by the International Covenant on Civil and Political Rights (ICCPR)?
This Covenant elaborates the political and civil rights identified in the Universal Declaration, which include the rights to life, privacy, fair trial, peaceful assembly, equality before the law, freedom of expression, freedom of thought, conscience and religion, and freedom from torture, as well as the prohibition of slavery in all its forms, and the rights of persons belonging to ethnic, religious and linguistic minorities
May States derogate from their obligations under the ICCPR?
The Human Rights Committee emphasizes two conditions that must be met prior to such derogation:
(1) the situation must amount to a public emergency that threatens the life of the nation and
(2) a state of emergency must be officially proclaimed by the State in question.
What mechanisms are provided to monitor the implementation of the ICCPR?
There is the Human Rights Committee consisting of eighteen independent experts, nominated and elected by States Parties to the Covenant, who serve in their personal capacities, which means that they are not acting on behalf of their State.
The Human Rights Committee, which holds three regular sessions per year, monitors the implementation of the Covenant in a number of ways.
The Committee examines periodic reports from States
Parties to the Covenant on their compliance Such a
the report must be submitted by each State within one year of becoming a party to the Covenant, and thereafter whenever the Committee so determines.
The reports are examined in public and in the presence
of the representatives of the State concerned, who may be invited to provide additional information. After examining each State report, the Committee, in closed sessions, adopts concluding observations, which reflect the main points of discussion, as well as suggestions
and recommendations to the government concerned on ways in which the Covenant could be better implemented.
Can the Human Rights Committee
deal with complaints from individuals?
Under the provisions of the First Optional Protocol to the ICCPR,
the Committee can receive complaints known as ‘communications’
from individuals alleging violations of their rights under the
Covenant, provided that the State concerned has ratified this
Optional Protocol.
To what extent do States comply with
the ‘views’ of the Human Rights Committee?
States comply for various reasons, including a genuine wish to
fulfil the obligations of the Covenant and a desire to enhance their
international image.
Which rights are protected by the International Covenant on Economic,
Social and Cultural Rights (ICESCR)?
The rights to: work;
favourable conditions of work and equal pay for equal work; form
and join trade unions; social security; an adequate standard of
living, including adequate food, clothing and housing; protection
of the family; the highest attainable standard of physical and mental
health; education; participate in cultural life; benefit from scientific
progress; and protection of an author’s moral and material interests
resulting from scientific, literary or artistic production
What mechanisms are there for
the implementation of the ICESCR?
The body that monitors the implementation of the Covenant is the Committee on Economic, Social and Cultural Rights (CESCR), which was established by ECOSOC in 1985. It is composed of eighteen independent experts, nominated and elected by ECOSOC, who serve in their personal capacity.
The Committee reports annually to ECOSOC regarding its consideration of State reports and other activities
The Committee publicly examines periodic reports submitted by States Parties, which reflect the measures adopted, the progress made and
the problems and challenges encountered in meeting their obligations under the Covenant.
What other United Nations human
rights instruments are there besides
the International Bill of Human Rights?
There are many conventions, declarations and recommendations adopted by the General Assembly and other bodies of the United Nations.
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
The Convention on the
Rights of the Child
Convention relating to the Status of Refugees and the related Protocol
The Convention on the Elimination of All Forms of Racial Discrimination
The Convention on the Elimination of All Forms of Discrimination Against Women
The Convention on the Rights of Persons with
Disabilities
The International Convention for the Protection of All Persons from Enforced Disappearance
What instruments are there to prevent and punish the crime of genocide?
The Convention on the Prevention and Punishment of the Crime of Genocide.
The Convention on the Prevention and Punishment of the Crime of Genocide Article 2 Deffnition
Any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of
the group;
(b) Causing serious bodily or mental harm to members
of the group;
(c) Deliberately inflicting on the group conditions of
life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the
group;
(e) Forcibly transferring children of the group to another
group.’
A crime under international law, whether committed in time of war or of peace and is defined as a crimeagainst humanity.
What instruments have been developed to prevent punishment and torture?
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Which mechanism ensures
the implementation of the
Convention against Torture?
The Convention provides for the establishment of a Committee against Torture, consisting of ten experts who serve in their personal capacity
The competence to monitor the implementation of the Convention in the following ways:
it examines reports from States Parties on the measures they have taken to give effect to the Convention, and it receives and considers communications from individuals (or on behalf of individuals) who claim to be victims of a violation of a right guaranteed by the Convention as well as inter-State complaints, provided that the State or States.
