1.3 Formal Statements of HR

Question 1

How have major developments of HR come about

Answer 1

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.

Question 2

What was the first formal statement of HR and what sort of law is it?

Answer 2

Universal Declaration of Human Rights 1948- soft law

Question 3

Why was a formal statement of HR needed?

Answer 3

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.

Question 4

What documents were established that marked the beginning of true international recognition of HR?

Answer 4

The United Nations Charter-1945

UDHR-1948

Question 5

What is the UN Charter-1945

Answer 5

A treaty that binds all members of the UN.

Question 6

what does UN Charter-1945 promote and where is this detailed?

Answer 6

it’s fundamental purpose is to promote respect for HR

article 55 and 56.

Question 7

What do each of the UDHR’s articles do?

Answer 7

Of its 30 articles, each sets out a particular human right/set of rights

Question 8

What are the formal statements of HR?

Answer 8

UDHR
ICCPR
ICESCR

Question 9

What is the international bill of rights made of?

Answer 9

UDHR
ICCPR
ICESCR

Question 10

What is the UNDHR given force by?

Answer 10

ICCPR

ICESCR

Question 11

What is the ICCPR and what does it do?

Answer 11

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.

Question 12

When was the ICCPR drawn up?

Answer 12

1966

Question 13

Is the UDHR legally binding?

Answer 13

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

Question 14

What could be the most important right in the

Answer 14

The right to personal choice

Question 15

How has the UDHR impacted on HR over the past 50 years?

Answer 15

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.

Question 16

UDHR-1948 represented a critical turning point in human rights, why (1)?

Answer 16

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.

Question 17

UDHR-1948 represented a critical turning point in human rights, why (2)?

Answer 17

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.

Question 18

When did the International Covenant on Civil and Political Rights and the International Covenant on Economic Social and Cultural Rights come into effect?

Answer 18

1976

Question 19

What are the articles in the ICCPR intended to be and why?

Answer 19

Binding rights- it says that all signatory states agree to ensure that the rights set out by the ICCPR apply in their territories.

Question 20

What was established to monitor and manage complaints regarding rights and these declarations?

Answer 20

The Human Rights Committee.

Question 21

What is the International Covenant on Economic Social and Cultural Rights- 1966

Answer 21

The ICESCR creates an obligation on state parties to work towards granting economic, social and cultural rights to individuals.

Question 22

Is the ICESCR completely binding?

Answer 22

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.

Question 23

What does the International Covenant on Economic Social and Cultural Rights- 1966 do?

Answer 23

Gives force to the 2nd part of the UDHR, protecting economic, social and cultural rights

Question 24

What are the most important differences between the ICCPR and ICESCR?

Answer 24

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

Question 25

What have been other formal statements/treaties that deal with HR?

Answer 25

CEDAW 1979
CROC 1989
Declaration on the Rights of Indigenous Peoples 2006

Question 26

What has the ‘International Bill of Rights’ inspired?

Answer 26

200+ more international treaties, conventions, declarations on human rights

Question 27

How have some older treaties been ‘upgraded’?

Answer 27

Through the use of optional protocols.

Question 28

What is a more recent protocol that has been upgraded to better protect HR?

Answer 28

The Optional Protocol to CROC on the involvement of children in Armed Conflict (2002)

Question 29

What does The Optional Protocol to CROC on the involvement of children in Armed Conflict (2002) add to CROC 1989?

Answer 29

it adds extra rights (and responsibilities for govs) to avoid having children involved in fighting in conflict.

Question 30

What is the oldest formal statement of HR?

Answer 30

Magna carta 1215

Question 31

What did Magna carta 1215 do?

Answer 31

established the Rule of Law and habeus corpus

+ began the beginning of a democracy- gave some power to nobles

Question 32

What did the English Bill of Rights 1969 allow for?

Answer 32

true democracy where monarch not involved in daily governance

Question 33

What did the American Declaration of Independence 1776 do?

Answer 33

Gave a basic def. HR and of democratic elections

Question 34

What did the French Declaration on the Rights of Man and Citizen promote?

Answer 34

Liberty and established the presumption of innocence.

Question 35

What were the 4 freedoms outlined by Roosevelt when?

Answer 35

in 1941:

1. Speech
2. Worship
3. from Want
4. from Fear