Human Rights Protection - United Nations

Question 1

Human Rights Commission

Answer 1

• set up under auspices of ECOSOC
• issuance of Universal Declaration of Human Rights
• UDHR adopted by General Assembly, non-legally binding
• 2006 replaced by Human Rights Council (under General Assembly)

Question 2

Universal Declaration of Human Rights: two categories

Answer 2

• principal civil and political rights (right to life, liberty and security, fair trial; prohibition on torture, slavery; freedom of thought, expression; …)
• principal economic, social & cultural rights (right to work, social security, education, take part in cultural life)

Question 3

UDHR transformation

Answer 3

1966: transformation of UDHR into “International Covenant on Civil and Political Rights” and “International Covenant on Economic, Social and Cultural Rights” -> now legally binding

Reason: Nature of rights are different (core human rights vs. broader rights (implementation more complicated)). ICCPR: 173 states, ICESCR: 171
-> if two treaties: higher chances states will ratify at least one

Question 4

Other Human Rights Treaties

Answer 4

e. g.:
- Elimination of Racial Discrimination (182 states)
- Child Rights (196 states)
- Women Rights (189 states)

• > no obligation to ratify treaties, hence differing numbers of contracting states
• > usually “Optional Protocols” can be ratified

Question 5

Possibilities how to handle with Treaties

Answer 5

• no action
• signatory (expression of intent, not legally binding!)
• ratification (state party) -> domestic approval, then binding

Question 6

Compliance with Treaties: monitoring mechanisms

Answer 6

Reporting Mechanism:

• every 5-6 years report about implementation in law and practice by MS to be submitted, not always credible (further sources and investigations needed) (Universal Periodic Review)
• result: recommendations about further implementation of treaty, express for concerns possible

Complaint Mechanism (ratification of Protocol optional):

• Individual Complaint Procedure: everyone can file complaint to the MS under which jurisdiction one lives; condition: all available national remedies must be exhausted; state has 6 months to respond; evaluation of response by Committee
• > views will be send to individual and state party -> not legally binding
• Inter-state Complaint Procedure: not often used since diplomatic relations get undermined

Independent Inquiry:
- Committee will add its own enquiry on human rights violations

-> all end with “concluding remarks”

Question 7

Characteristics of the Committees

Answer 7

• 18 elected representatives from each state
• not bound and fully independent from home country
• 4-year term

Question 8

Universal Declaration of Human Rights - further info

Answer 8

• common standard of achievement

- provided the foundation for many treaties

Question 9

Enforcement of Human Rights

Answer 9

• ICCPR Committee has no power to sanction countries, only to bring cases to International Court (quasi-judical measures)
• Universal Periodic Review: topics to be addressed asked for by the Committee

Question 10

Sayadi-Vinck case

Answer 10

Individual Complaint Procedure against Belgium:
- the two men were put on UN SC Blacklists -> travel bans, asset freezes -> no justification given, even not after found not guilty -> Belgium Court ordered government to initiate de-listing

• ICCPR complaint: Belgium held responsible for violating human rights; no compensation ever

Question 11

UPR of Belgium

Answer 11

230 recommendations (160 accepted) given regarding:

• racial discrimination and islamophobic behaviour
• overcrowding of prisons
• ratification of Torture Convention
• establishment of Belgium National Human Rights Institute
• migrant workers rights convention (no support from Belgium)

Question 12

UPR of USA

Answer 12

Topics:

• use of torture
• death penalty
• gun-violence
• closure of Guantanamo bay
• voting rights of criminal and detainees
• join International Criminal Court

Question 13

UPR of Russia

Answer 13

Accepted:
- fight of corruption

Declined:

• release of political prisoners in Russia & occupied areas
• signing of Convention of Abolition of Torture

Question 14

UPR of China

Answer 14

Accepted:

• fight poverty
• fight against terrorism

Declined/no support:

• allow independent observers for specific regions
• closure of “education facilities” for Uigurs
• publish numbers of death penalties
• unrestricted use of internet for everyone
• fair processes
• release of political prisoners

Question 15

UPR of North Korea

Answer 15

• 130 of 200 recommendations accepted (however theory vs. practice)
• declined: access to country for human aid helpers

Question 16

UPR of Saudi Arabia

Answer 16

Accepted:
- promote gender equality

Declined/no support:

• join International Criminal Court
• ratification of death penalty Convention, migrant worker rights

Question 17

UPR an effective measure?

Answer 17

Large gaps between theory & practice for some countries, not deemed effective measure.
-> it should be acknowledged that UN is a multinational organisation with different views from its members