5) Human Rights and the UN Human Rights System

Question 1

Question:
What constitutes the International Bill of Human Rights?
(Hint: UDHR and two major treaties.)

Answer 1

Answer:

Universal Declaration of Human Rights (1948): A non-binding framework for universal rights.
International Covenant on Civil and Political Rights (ICCPR, 1966): Protects rights like life, freedom of speech, and due process.
    ICCPR Article 6: "Every human being has the inherent right to life."
International Covenant on Economic, Social, and Cultural Rights (ICESCR, 1966): Ensures economic, social, and cultural rights.
    ICESCR Article 11: "The right of everyone to an adequate standard of living."

Connection:
These documents collectively provide the legal framework for the protection and promotion of human rights.

Question 2

Question:
What is the role of the UN Human Rights Council (HRC) in protecting human rights?
(Hint: Universal reviews and special procedures.)

Answer 2

Answer:
The HRC:

Conducts Universal Periodic Reviews (UPR) to assess human rights practices of member states.
Oversees Special Procedures, including thematic or country-specific mandates.

Connection:
The HRC is a key charter-based mechanism for monitoring and promoting compliance with international human rights obligations.

Question 3

Question:
Which treaty-based bodies enforce human rights, and how do they operate?
(Hint: Think about reporting and complaints.)

Answer 3

Answer:

Human Rights Committee: Oversees compliance with the ICCPR.
Committee on Economic, Social, and Cultural Rights: Monitors ICESCR obligations.

Both committees review periodic reports from states and hear individual complaints under their respective optional protocols.

Connection:
These bodies ensure states’ adherence to specific treaty obligations and provide accountability mechanisms.

Question 4

Question:
What role do customary international law and jus cogens norms play in human rights?
(Hint: Think about universal obligations.)

Answer 4

Answer:

Customary International Law: Derived from consistent state practice and opinio juris, binding even on states not party to treaties.
Jus Cogens Norms: Fundamental principles (e.g., prohibition of torture and genocide) that no state may derogate from.
    Example: Convention Against Torture (1984) codifies the prohibition of torture as jus cogens.

Connection:
These principles create universal human rights obligations beyond treaty frameworks.

Question 5

Question:
What are the main challenges to enforcing human rights under the UN system?
(Hint: Sovereignty and politics.)

Answer 5

Answer:

State Sovereignty: Limits international scrutiny and enforcement of human rights.
Political Challenges: The veto system in the UN Security Council often hampers collective action against human rights violations.

Connection:
These limitations highlight the tension between global human rights aspirations and the realities of international politics.

Question 6

Question:
What are the key legal provisions from the UN Charter that institutionalize human rights?
(Hint: Articles on cooperation and freedoms.)

Answer 6

Answer:

Article 1(3):

    "To achieve international cooperation in solving international problems... and in promoting and encouraging respect for human rights."

Article 55:

    "The UN shall promote universal respect for, and observance of, human rights and fundamental freedoms for all."

Article 56:

    "All Members pledge themselves to take joint and separate action in cooperation with the Organization for the achievement of the purposes set forth in Article 55."

Connection:
These articles establish the UN’s foundational mandate to promote and protect human rights.