10- Human Rights in International Law Flashcards
How did the IIWW influence thought on hr?
Before & during the war the rights of many had been taken away by totalitarian regimes.
- The hr of national, ethnic and religious groups/individuals were ignored and abused. - Millions of people died, homeless or starving, and the idea of hr strongly emerged. - The discovery of mass extermination by Nazi Germany of Jews, gypsies etc horrified the world.
There was an international call for standards of hr to protect citizens from abuse by gov, and this played a critical role in the creation of the United Nations Charter 1945
Explain the UN and its aims
The Charter of the new UN came into effect on Oct 1945, when delegates of 50 countries met in San Francisco.
It’s an organisation with the aim of preventing international conflict.
It established 6 principal bodies, including the ICJ, and established several commissions for the promotion of HR.
- 1 of these, the UN HR Commission, under Eleanor Roosevelt, drafted the UDHR.
Which document can be linked to the UN?
The UDHR in Dec 1948, referred by E Roosevelt as the ‘international Magna Carta for all mankind’.
There are 30 rights, both political and social, listed in the doc forming a contract between gov and citizens.
ISSUES
- The Declaration isn’t legally binding. Rights were vague and described in aspirational terms, so they could be interpreted in many ways
- Disagreements between US and Soviet Union.
- US argued hr consisted of political rights such as right to vote, speak freely, not be arbitrarily detained…
- Soviet Union argued hr consisted of econ and social rights such as right to work, healthcare and education…
It took another 18 years for the UN to adopt a political rights treaty and an econ rights treaty.
Explain the Council of Europe and its aims
Formed in 1949 and is separate from the EU (47 members vs 27)
It is an intergovernmental organisation.
Its aim is to protect human rights and the rule of law, and to promote democracy among its members.
Which document can be linked to the Council of Europe?
The European Convention on Human Rights 1953, based on the UN’s UDHR.
It consists of Articles protecting basic human rights. The UK made these rights into law through HRA 1998.
The Convention is enforced by the ECtHR in Strasbourg, and any member claiming to be the victim of a violation of one of the Articles may take the case to this court.
- C must have exhausted all recourse in the courts of their country.
In 1966 the UK granted the ‘individual petition’, allowing citizens to take their claims directly to Strasbourg.
- Since the passing of the HRA 1998, UK citizens can enforce their human rights in UK courts, although they can still take the case to Strasbourg.
Explain the EU
This political and economic union with 27 countries has further developed the concept of human rights.
Which document can be linked to the EU?
The Charter of Fundamental Rights and Freedoms 2009.
It brings together all the personal, political, civil and individual rights common to all member states.
The Charter contains a number of articles divided into 7 titles:
1. Dignity (right to life, prohibition of torture/slavery, death penalty...) 2. Freedoms (privacy, thought, religion, expression...) 3. Equality (before the law, prohibition of discrimination...) 4. Solidarity (covers social and workers' rights- fair working conditions, access to health care...) 5. Citizen's Rights (Rights of EU citizens- to vote, move freely within the EU...) 6. Justice (fair trial, presumption of innocence, double jeopardy...) 7. General Provision (concerns the interpretation/application of the Charter.)
It forms part of EU law and is subject to rulings of the ECJ.
- Although decisions of the ECtHR are not directly binding on the ECJ, ECHR law provides a baseline protection of human rights, and the protections given under the Charter can never be lower than those afforded by ECHR.
