class 6 Flashcards
what are human rights for the UN?
is a pre-condition that cannot achieve peace and development without them
what is the main objective of the UN?
maintain and achieve peace
explain the UN charter
adopted in San Francisco in 1945 (oct 24th)
human dignity and equality established in its pre-amble are the basis for Human Rights in the International Area
what is positive discrimination?
a way of setting a stronger base for dealing with discriminations, gaps, and rights and that is morally correct.
what is essential regarding peace development and human rights?
mutual interdependence
name the UN institutions regarding HR
security council, general assembly, ICJ, human rights council, office of high commissioner for human rights
explain the security council
primary responsibility for the maintenance of international peace and security. The SC advocates self-determination of all people and they can take enforcement action without the consent of the host state.
explain the general assembly
The General Assembly shall initiate studies and make recommendations for:
promoting international cooperation in the economic, social, cultural, educational, and health fields, and assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.
NB. The declarations of the GA are NOT legally binding, but they do have moral force. When they issue a statement of intent (Soft Law) in some cases can be translated to ‘Hard Law’ by International Covenants
hard vs. soft law
Soft law is a form of regulation that does not go through any legislative processes or procedures and is not binding to any state. Usually no legal content, it is mostly technical
Hard law is a binding law when through legislative procedure and becomes a positive law
what is the ICJ?
established under article 92 of UN charter, succeeding the PCIJ. 15 members elected from the GA and the SC.
they can arise: contentious cases (binding), advisory cases (not binding)
NB. they cannot take individual claims they only solve state vs state claims
explain the HR council
replaced the ECOSOC commission on human rights as a subsidiary of the GA, created by resolution 60/251 on march 15th 2006, 47 members elected to ensure geo balance, guiding principles are universality, impartiality, objectivity and non-selectivity, constructive international dialogue and cooperation
explain the office of high commissioner for HR
based geneva, office in NY with several regional reps
deploys fact-finding missions
can engage in dialogue with govs
Steiner Alston and Goodman decribed the UN chrter provisions as:
scattered and cryptic
the system evolved to create treaty-monitoring bodies that can elaborate on (3 things)
a) state-reports
b) individual communications
c) interstate complains
which is more easier between national and international to create good designed systems?
national
