3. Present the institutions and sources of the international protection of human rights.

Question 1

Where rests the binding force of human rights obligations?

Answer 1

The binding force of human rights obligations must rest either in treaty (international conventions) in custom (general practice accepted as law), or general principles of law, while the inspiration for these obligations lies in morality, justice, ethics, and in the dignity of Mankind. The majority of human rights obligations intend to ensure that the states do not harm their nationals or citizens living in the territory of the state’s jurisdiction - this is the first time a state is responsible for the international community for actions taken in its own territory.

Question 2

What made human rights onto the top of the United Nations’ priorities?

Answer 2

The suffering brought by WWII

Question 3

List the sources of universal human rights protection!

Answer 3

• Preamble of the Charter: “faith in fundamental human rights”
• Art. 55: promotion of human rights and fundamental freedoms
• Art.56: states commit themselves to take individual and joint action for the promotion of values in Art. 55
• 1948: third session of the GA (Res. 217A) —» Universal Declaration of Human Rights (did not intend, and indeed did not cease binding legal obligations, but urged states to establish procedures for the future protection of human rights)
• 1950: The European Convention on Human Rights and Fundamental Freedoms —» member states of the Council of Europe signed it. BINDING Contains civil and political rights believed to be common in Europe. Most states are fulfilling it by incorporating its essence to their constitution
• 1966: International Covenant on Civil and Political Rights (ICCPR) —» respect and ensure human rights to all individuals on the state’s territory. LEGALLY BINDING, its violation gives rise to international responsibility. The document includes all fundamental and non-fundamental rights of the Universal Declaration
• 1966: International Covenant on Economic, Social and Cultural Rights —» BINDING (they divided it from the first Covenant bc human rights covered in this document are “second generation” rights with more diverse implementation) promotion of economic and social welfare
• 1993 Vienna Declaration and Programme of Action (adopted after the World Conference on Human Rights) —» proclaimed the universal nature of human rights, set their promotion and protection to the primary goal of the UN

Question 4

We can differentiate 3 generations of human rights (shows that they are getting finer and more entrenched in int’l law):

Answer 4

• 1st generation: core human rights (right to life, abolition of slavery, prohibition of torture etc.)
• 2nd generation: social and economic matters (right to work, to social security, adequate standard of living, education etc.)
• 3rd generation: very general concepts, belong to groups of ppl rather than to individuals (right to development, to a protected environment, to peace, to self-determination)

Question 5

There are several institutions trying to enforce human rights. They have different mechanisms and admit different cases, but in general none of them is effective.

Answer 5

Universal level: UN and its organs
* Human Rights Committee: established by the Covenant, reviews annual (5 years) reports of countries, but it’s role is supervisory, not investigatory (does not issue harsh criticism. Inter-state complaints of human rights violations can be referred to the Committee to play a mediatory role (has no legally binding effect!) after all national options are exhausted
* Committee on Economic, Social, and Cultural Rights: same as Human Rights Committee but even weaker enforcement mechanism. Basically paper-tossing work. ECOSOC Committee oversees the work of this Committee.
* Human Rights Council: started working in 2006, monitors human rights obligations in all UN countries, reports to the GA

Regional level:
* European Court of Human Rights: interprets and enforces the European Convention of Human Rights. Also called the Strasbourg Court, this body is the international court of the Council of Europe. Individuals, groups, and states can appeal if they believe that a member state committed human rights violation.
* Inter-American Court of Human Rights: responsible for the human rights protection system of the Organization of American States. The court rules on state level, does not investigate individual liability.
* African Court of Human and Peoples’ Rights: oversees the implementation of human rights protection in African countries in line with the African Charter on Human and Peoples’ Rights.
* International Criminal Court: set up after WWI, the court investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression.