Flashcards in Promoting and Enforcing Human Rights Deck (49)
What is state sovereignty?
The authority of a nation state to govern itself without international interference
What is the most effective way for International Human rights to be enforced?
Incorporate treaties and customary international law principles into domestic legislation
What is the main role of the UN
protect human rights
What does the UN general assembly do?
Discusses and makes recommendations on reports of human rights (investigated by special rapporteurs) to its member states
What is the main role of the UN security council?
Maintenance of peace and security
What does the security council do? (4)
-condemns violations of human rights (Korea missiles)
What is the UN human rights council
an inter-governmental body responsible for strengthening the promotion and protection of human rights around the globe and for addressing situations of human rights violations and make recommendations on them (reports to GA)
What is the Office of the High Commissioner for Human Rights
A department of the Secretariat of the UN that works to promote and protect the human rights that are guaranteed under international law and stipualted in the UDHR 1948
What does the OHCHR do?
-Monitors and reports on human rights world-wide through the Universal Periodic Review of international compliance with HR standards
-provides physical resources eg tents to support refugees
-Oversees the Human Rights Council
Examples of intergovernmental organisations (4)
-Commonwealth of Nations
What does the African Union promote? (3)
Peace and security in Africa and good governance and human rights
How many members are there in both the African Union and the Commonwealth of Nations
What does the Commonwealth of Nations promote?
-rule of law
How do IGOs enforce following of the rules?
exclude the ones that don't e.g. Zimbabwe military coups
What does the ICJ do?
Hears cases and delivers advisory opinions
Defines and interprets conventions, but cannot adjudicate on disputes raised by individuals
What was the ICJ created by?
Rome Statute 1998
Why was the ICC set up?
genocide in Yugoslavia and rwanda
Where does the ICC have jurisdiction?
Over persons alleged to have committed genocide, crimes against humanity, war crimes and the crime of aggression.
Why were International criminal tribunals established
Deal with serious widespread breaches of international law
Are ICT permanent?
no, limited to time and place
Why was the ICTR created?
Rwandan legal system was inoperable as only roughly 5 judges and a handful of lawyers were alive after the genocide between Hutus and Tutsi tribes
When was the ICTR created and ended
What do NGOs aim to do?
promote and protect human rights
Examples of NGOs (4)
1. International committee of the Red Cross
2. Doctors without borders
3. Amnesty International
4. Human Rights Watch
What is the key feature of a NGOs and what does this allow?
Not funded by government (independent) therefore, they can address international human rights issues regardless of where they occur
What is the medias role in the enforcement of human rights?
Expose human rights issues and abuses and to embarrass governments into upholding international agreements and human rights principles
Where is human rights law incorporated into Australia (3)
Constitution of the commonwealth of Australia
Different types of rights in the Australian Constitution
Express and implied
What is an express right + eg.
Rights that are expressly included in a document e.g. right to vote, freedom of religion