1. promoting and enforcing human rights Flashcards
define state sovereignty
refers to the ultimate law-making power of a state – its independence and freedom from external interference in its affairs.
- source of legal and political power to make and enforce laws over own population
what is the relationship between state sovereignty and international law?
Tension between state sovereignty and international co-operation.
central to int law for world to enforce compliance with human rights
define a state and its features
State - a government and the people it governs; a country.
- a permanent population
- a defined territory
- government
- capacity to enter into int relations
what are the implications of statehood and give an example
people unable to claim protection under international human rights regime if live in unrecognised state.
EXAMPLE - Taiwan ratified ICCPR and ICESCR but its unrecognised state without UN membership
- so no human rights framework access for citizens.
how is state sovereignty a problem for human rights
countries without democracy rely on sovereignty to justify mistreatment of citizens
under charter of un
- all states equal
- no state can interfere on other state domestic jurisidiction without consent
What is the United Nations?
organisation with substantial power
193 member states
responsibility for international affairs.
Facilitates global cooperation and international assistance
What are the five principal organs that deal with human rights in the United Nations?
- UN General Assembly - UN Human Rights Council
- UN Security Council
- Economic and Social Council
- UN Secretariat - Office of the High Commissioner for Human Rights
- International Court of Justice
Summarise the UN General Assembly
- representatives from all member states
- forum for international discussions and recommendations
- Connected to committees (e.g UN Human Rights Council reports directly to GA)
Summarise the UN Security Council
- preservation of international peace and security
- power through legally binding resolutions
- Authorise military actions, sanctions or peacekeeping operations
power to intervene in the most serious of human rights abuses by states
- Five permanent members with veto power (UK,US, China, Russia, France)
- 10 non-permanent members with two-year terms.
Summarise the Economic and Social Council
- 54 rotating members
- annual meet promoting international economic and social cooperation
- Includes various committees
Summarise the UN Secretariat
- Main administrative body of UN
- Provides various information, studies, tasks and facilities needed by the UN
- Includes departments eg - Office of the High Commissioner for Human Rights
Headed by UN Secretary - General - most influential figure in UN
Summarise the International Court of Justice
- Primary judicial organ of UN
- Jurisdiction:
- Settle international disputes submitted by members
- Produce advisory opinions
What is the Office of the High Commissioner for Human Rights?
administrative agency under the UN Secretariat
- works to promote and protect the human rights contained in UDHR and international law.
- Est 1994 after World Conference on Human Rights held by the United Nations
What is the purpose of the Office of the High Commissioner for Human Rights?
- Advance universal ratification of UDHR and other standards
- Promote universality of human rights
- Providing support and information for other UN human rights bodies
What is the UN Human Rights Council?
- aims to address human rights violations worldwide and make recommendations.
What are some specific measures the UN Human Rights Coucil has adopted to increase its power to address human rights abuses?
- Complaints procedure - people to bring issues to councils attention if victom to human rights abuse in state
- Compulsory periodic reviews of human rights situation in member states
- Advisory Committee to provide expertise and recommend issues for the council to consider.
how is the UN Human Rights Council ineffective?
- not acting in the interests of human rights but for political considerations
- Influential states (Russia and China) accused of controlling candidates to block criticism on themselves.
how is the UN effective?
- specialised body, more direct and unique approach
- increase global awareness
- treaties
- peacekeeping
- universal framework
how is the UN ineffective?
- lack of enforcement mechanisms
- low responsiveness
- influence by powerful members
- funding issues
- state sovereignty
