Human Rights: International laws and Treaties Flashcards
Human Rights Theory?
Human rights theory stems from natural law theorists who argued that Universal moral standards exist upon which the right of individuals is founded, and that there exists a general duty to adhere to these. Such standards are not limited in application by community, state, race, creed or legal system.
Regulation of Rights?
• Early regulation of human rights was attempted through the following: 1215 Magna Carta, French Revolution Declaration of the Rights of Man and of the Citizen, and the 189 Brussels Convention.
1) Since WW2, Human rights have been embodied in numerous laws and treaties, such as:
• 1945 UN Charter
• 1948 Universal Declaration of Human Rights
• 1949 Geneva Convention
• 1966 International Covenant on Civil and Political Rights
• Covenant on Economic, Social and Cultural Rights
• 1984 Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
• 1989 Convention on the Rights of the Child
Stream….UDHR?
The 1948 Universal Declaration of Human Rights was the first comprehensive listing of civil, political, social and economic rights.
Although it is not a binding treaty, the Declaration reflects the aspirations of the General Assembly buy asserting the “inherent dignity and or the equal and inalienable rights of all members of the human family”
3) Together with the 1966 International Covenants on Civil and Political Rights and Economic, Social and Cultural Rights, there three documents form the International Bill of Human Rights.
Main Features:
iiii) “No one shall be arrested, detained or exiled without good cause”.
iiii) ‘Everyone is entitled to a fair, impartial hearing in public in a dispute of rights, obligations or a criminal charge’.
iiii) ‘No one shall be subjected to torture’
iii) ‘No one shall be held in slavery’
ii) ‘No one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment’.
The Universal Declaration of Human Rights Definition?
Structure?
The Universal Declaration of Human Rights (UDHR) is a declaration adopted by the United Nations General Assembly on 10 December 1948. It represents the first global expression of rights to which all human beings are inherently entitled. It consists of 30 articles which have been elaborated in subsequent international treaties. The aim of the UDHR is to secure the universal and effective recognition and observance of the human rights. The UDHR also provides a foundation for national laws. Additionally, the UDHR was explicitly adopted for the purpose of defining the meaning of ‘fundamental freedoms” and “human rights” appearing in the United Nations charter.
Structure?
Articles 1 and 2 outline the principles of dignity, liberty, equality and brotherhood.
The main body of the Declaration
Part 1: (articles 3–11) constitutes rights of the individual.
Part 2: (articles 12–17) constitutes the rights of the individual in civil and political society
Part 3: (articles 18–21) is concerned with spiritual, public and political freedom
Part 4: (articles 22–27) sets out social, economic and cultural rights.
The Universal Declaration of Human Rights
State Responsibilities upon Ratification?
While not a treaty itself, the Declaration was explicitly adopted for the purpose of defining the meaning of the words “fundamental freedoms” and “human rights” appearing in the United Nations Charter, which is binding on all member states.
For this reason the Universal Declaration is a fundamental constitutive document of the United Nations.
It is a powerful tool in applying diplomatic and moral pressure to governments that violate any of its articles.
The Declaration continues to be widely cited by governments, academics, advocates and constitutional courts and individual human beings who appeal to its principles for the protection of their recognised human rights
The Convention Against Torture and other curel and inhuman Treatment or Punishment
Definition?
Structure?
The CAT is an international human rights instrument, under the review of the United Nations. The text of the Convention was adopted by the United Nations General Assembly on 10 December 1984, and following ratification by the 20th state party, it came into force on 26 June 1987. As of May 2013, the Convention has 153 state parties.
- Part I (Articles 1–16) defines torture (Article 1), and commits parties to taking effective measures to prevent any act of torture in any territory under their jurisdiction (Article 2). Part II (articles 17 – 24) governs reporting and monitoring of the Convention and the steps taken by the parties to implement it. It establishes the Committee against Torture (Article 17). Part III (Articles 25 – 33) governs ratification, entry into force, and amendment of the Convention.
The Convention Against Torture and other curel and inhuman Treatment or Punishment
Main features?
- Article 2: “Each state party shall take effective legislation, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.
- Article 3: “No state party shall expel, return or extradite a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture.”
- Article 11: “Each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction
- Article 20: “If the committee receives reliable information which appears to contain well-founded indications that torture is being systematically practices in the territory of a state party, the committee shall invite that State party to co-operate in the examination of the information and to this end to submit observations with regard to the information concerned.”
The Convention Against Torture and other curel and inhuman Treatment or Punishment
State Responsibilities Upon Ratification?
The Convention requires states to take effective measures to prevent torture within their borders, and forbids states to transport people to any country where there is reason to believe they will be tortured.
- ensuring that torture is a criminal offense
- establishing jurisdiction over acts of torture committed by or against a party’s citizens
- ensuring that torture is an extraditable offense
- Parties must promptly investigate any allegation of torture
- Parties are also obliged to prevent other acts of cruel, inhuman or degrading treatment or punishment, and to investigate any allegation of such treatment within their jurisdiction.
Convention of the Rights of the Child
Definition?
Structure?
The UN General Assembly adopted the Convention
signature on 20 November 1989It came into force on 2 September 1990, after it was ratified by the required number of nations. Currently, 193 countries are party to it,[1] including every member of the United Nations except Somalia, South Sudan and the United States.
Main Features: Article 4 (Protection of rights): Article 19 (Protection from all forms of violence): Article 22 (Refugee children): Article 37 (Detention and punishment) Article 38 (War and armed conflicts):
Convention of the Rights of the Child
Main Features In Depth?
Article 4 (Protection of rights): “Governments have a responsibility to take all available measures to make sure children’s rights are respected, protected and fulfilled. When countries ratify the Convention, they agree to review their laws relating to children. This involves assessing their social services, legal, health and educational systems, as well as levels of funding for these services. Governments are then obliged to take all necessary steps to ensure that the minimum standards set by the Convention in these areas are being met.”
Article 19 (Protection from all forms of violence): “Children have the right to be protected from being hurt and mistreated, physically or mentally.”
Article 22 (Refugee children): “Children have the right to special protection and help if they are refugees (if they have been forced to leave their home and live in another country), as well as all the rights in this Convention.”
Article 37 (Detention and punishment): “No one is allowed to punish children in a cruel or harmful way. Children who break the law should not be treated cruelly. They should not be put in prison with adults, should be able to keep in contact with their families, and should not be sentenced to death or life imprisonment without possibility of release.”
Article 38 (War and armed conflicts): “Governments must do everything they can to protect and care for children affected by war. Children under 15 should not be forced or recruited to take part in a war or join the armed forces.”
Convention of the Rights of the Child
State Responsiblities upon Ratification?
Nations that ratify this convention are bound to it by international law. Compliance is monitored by the UN Committee on the Rights of the Child, which is composed of members from countries around the world. Governments of countries that have ratified the Convention are required to report to, and appear before, the United Nations Committee on the Rights of the Child periodically to be examined on their progress with regards to the advancement of the implementation of the Convention and the status of child rights in their country.
State Responses to the CAT:
-THE US
The United States signed and ratified the United Nations Convention Against Torture, which calls on all signatory states to take steps to end torture within their jurisdiction. Article 3 of the Convention Against Torture also calls on signatory states not to “expel, return, or extradite a person to another country where there are substantial grounds to believe he would be subjected to torture.”
Despite these obligations, the United States was accused both of torturing terrorist suspects held at its base in Guantanamo Bay, in Cuba, and of sending other terrorist suspects abroad knowing that they were likely to be tortured there.
TORTURING:
Its response to this was to admit ‘waterboarding’ -or simulated drowning –of terrorist suspects at Guantanamo Bay, but denied this amounted to torture, calling it instead a ‘harsh interrogation technique.’
THIRD COUNTRY TORTURE:
In relation to the sending of suspects abroad, the United States was accused of deliberately sending suspects to states where it knew that the suspect was going to be interrogated by the authorities, in order to obtain information about terrorist offences. As a result of the type of state these suspects were being sent to - states such as Syria, or Iraq, or Libya- it was said that the United States must have known torture would be used against them.
EXTRAORDINARY RENDITION:
The sending of terrorist subjects abroad for interrogation was known as ‘extraordinary rendition.’ Many critics alleged that the United States carried these renditions out in order to avoid having to torture the suspects, while still ensuring that they were interrogated under torture, by states who had not signed the Convention on Torture.
FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT:
In reply, the United States claimed that it had passed legislation in 1998, called the Foreign Affairs Reform and Restructuring Act which prohibited aliens from being sent to states where they might be tortured. It also claimed that in the extraordinary rendition cases, it had acted within the Convention on Torture, as it had obtained diplomatic assurances from the receiving states that the suspects would not be tortured.
Critics replied that an assurance from a state such as Syria or Libya could not be trusted, and that the United States was using these assurances as a cover for breaches of the Convention.
State Responses to the Convention of the Rights of the Child
-JAMACA
Jamaica ratified the Convention on the Rights of the Child in 1991. Following ratification, Jamaica carried out a wide review of its laws relating to children and made some important legal changes.
All of these responses to the Convention were targeted at meeting Jamaica’s commitments to improve child welfare.
CHILD CARE AND PROTECTION ACT:
In 2004 it passed an important law called the Child Care and Protection Act. Drafted with the help of UNICEF, this law set universal standards on childcare.
EARLY CHILDHOOD COMMISSION ACT:
And in 2003 Jamaica passed a law called the Early Childhood Commission Act, to regulate standards of early childhood care, plus development and education.
TRAFFICKING IN PERSONS ACT:
Another act was passed in 2007, called the Trafficking in Persons (Prevention, Suppression and Punishment) Act , to protect children and women from being trafficked.
EARLY CHILDHOOD COMMISSION/CHILD DEVELOPMENT AGENCY/OFFICE OF THE CHILDREN’S ADVOCATE:
Other important changes to bring Jamaica into line with the Convention included the establishment of a Early Childhood Commission, a Child Development Agency, and the Office of the Children’s Advocate in 2006. This was to implement the Convention’s policy on the rights of children to be heard.
OFFICE OF THE CHILDREN’S REGISTRY:
In 2007 an Office of the Children’s Registry was set up to report cases of child abuse;
NATIONAL PLAN OF ACTION FOR ORPHANS AND OTHER CHILDREN:
and in 2003 a National Plan of Action for Orphans and Other Children made Vulnerable by HIV/AIDS was established.
NATIONAL PLAN OF ACTION ON CHILD JUSTICE:
A National Plan of Action on Child Justice was introduced in 2008, and to improve children’s welfare in 2006 a Social Investment for Children Initiative was launched with funds from UNICEF.
NATIONAL PARENTING POLICY:
In 2008, the Jamaican government established a National Parenting Policy, to improve parenting standards across the state.
