Human Rights

Question 0

Bartolomé de Las Casas

Answer 0

Defends human rights in trial of Valladolid (1550)

Indians

Performs “experiments” to show that these are HUMANS
Speak fluent Spanish (intelligence)
Quote the bible (shows they have souls)
Took a spear and stabbed them (showed they suffer and have pain)

Question 1

Francisco de Vitoria

Answer 1

First to stand for human rights

Human Rights for the Indians

Natural law: human beings, no right to abuse of mistreat them

Idea that, as a sovereign King, you can do whatever you want

Question 2

1789 French Declaration of Rights of Man

Answer 2

Based in Natural Right:
rights of man are held to be universal: valid at all times and in every place, pertaining to human nature itself

Influenced by US Declaration of Independence

Question 3

1791 U.S. Bill of Rights

Answer 3

Asserting Human Rights for the individual

Question 4

Minimum International Standard for Treatment of Aliens

Answer 4

Basic due process rights
1930s
	•	Quickly told what you're charged of

	•	Ability to write to a lawyer

	•	Charges written in your own language

	•	Speedy trial


Question 5

Universal Declaration of Human Rights (1948)

Answer 5

First UN institution for HR protection

For Civil + Political Human Rights

Adopted by the General Assembly as a resolution
• Non-legally binding

• Recommendation

• Sets up a Human Rights Commission

• Non-binding
Later becomes the council


Question 6

René Cassin

Answer 6

Drafted the 1948 UN Universal Declaration of Human Rights

Supported by Eleanor Roosevelt

Question 7

Political & Civil Rights

International Covenants on Civil and Political Rights

Answer 7

(HRs divided to 2 parts)
Individual/personal rights:
	•	right to life
	•	liberty & security of the person
	•	freedom from discrimination
	•	arbitrary arrest
	•	interferences with privacy
	•	right to leave & enter one’s own country
	•  prohibition of slavery & torture
	•	right to vote freedom of thought
	•	peaceful assembly
	•	religion & marriage
	•	Pushed by the West (USA + EU)
	•	USA is bounded: signed and ratified





Question 8

Economic, Social & Cultural Rights

International Covenants on Economic, Social, and Cultural rights

Answer 8

Highly contested by some western states
	•	USA signed it but didn't ratify
	•	Considered anti-capitalist
	•	right to work
	•	right to own property

Question 9

UN Binding Human Rights Law 1966

Answer 9

Some institutional support

International Covenant on Civil & Political Rights

Optional protocals

Question 10

Protocol 1
UN Binding Human Rights Law 1966

Communications

Answer 10

States May Permit HR’s Committee to Consider Individual Petitions (“Communications”) Concerning ICCPR Violations; Petitioner Must First Exhaust All Local Remedies

18 experts on the committee
If the committee feels HRs has been abused, issue a report (decision) on their findings

Question 11

Australian Refugees Case (UN HR’s Committee, 2013)

Example of Protocol 1
UN Binding Human Rights Law 1966

Communications

Answer 11

Inhumane treatment of refugees by the State
• Special, high intensity + secure detention facilities on islands for the refugees (10 years)


Human rights group filed cases under a major communications with the UN HR’s Committee

Committee recommendation:
• Violated article 9 of International Covenant on Civil and Political Rights (ICCPR) no one should be subjected to arbitration


• 

• Violated article 7 ICCPR torture or cruel, degrading, inhuman treatment/punishment



• 

• 

• refugees weren’t told the reasons for their negative security assessment 




Question 12

UN Human Rights Commission

Became the UN Human Rights Council in 2006

Answer 12

Membership (53 members)

Absenteeism: promoted HR and helped states write HR treaties. Didn’t investigate
-> to policy of
Interventionism: + investigate and produce reports on violations

Question 13

UN Human Rights Council 2006

•	Period reviews


Ad hoc

Answer 13

Candidacy (47 members) by reviewed by General Assembly

contribution to the promotion and protection of HR + voluntary pledges and commitments

Cant be or become a big abuser of human rights

African States: 13 seats
Asia-Pacific States: 13 seats
Latin American and Caribbean States: 8 seats
Western European and other States: 7 seats
Eastern European States: 6 seats

Question 14

Universal Periodic Country Reviews
(UPR)

http://www.ohchr.org/en/hrbodies/upr/pages/BasicFacts.aspx

Answer 14

Every 4 years, all members of the UN must submit to the review (not just members the council members)

•	State-driven process
•	Rapporteur
 Report describes HR situation under UN SYSTEM and if they've respecting the guidelines if they're bound by anything

Can accept it, reject it, or ignore it (no meat on the bones)

Question 15

US violations

Answer 15

Research

Question 16

China violations

Answer 16

Research

Question 17

UN Human Rights Council Ad Hoc

Special reports

Answer 17

Spur of the moment country visits
Special rapporteur

Following Gaza war (2010), massive bombing hitting UN school
Special rapporteur Justice Richard Goldstone.
99% violations of law of war were on Israel side
Wasn’t allowed into Israel to do his investigation by Israel government

Question 18

Effective of UN Human Rights a Council?

Answer 18

effectiveness? no meat on the bones

Unless it’s unconscious-able + politically charged
Security Council

looks good on paper:
adds transparency
Lacks effectiveness

Should be final and binding (and change SC voting procedure)