International Bill of Human Rights Flashcards
What is the IBHR?
Refers to collection of fundamental documents that make up modern day international human rights regime
3 core elements of IBHR
1) UDHR 1948
2) ICCPR 1966
3) ICESCR 1966
Where can other important (but not core) elements of IDHR?
In the UN Charter
Where specifically in the UN charter ?
Preamble
- A1 = purposes of the UN
- A55 = promotion of higher living standards
- A56 = all those part to charter co-operate with A55
LETSAS on the idea of the IBHR
‘routinely employed as standards for judging the legitimacy of states and the justifiably of external interference in their domestic affairs’
2 academic opinions on the importance of the UDHR 1948
MUTA = effective modern starting point for human rights corpus LETSAS = catapult for development of human rights law
Who described UDHR as ‘the effective modern starting point for the human rights corpus’
MUTA
Who described the UDHR as the ‘catapult for the development of human rights law’
LETSAS
Important articles of UDHR?
A3 = right to life A7 = right to equality A 10/11 = rights to justice and fair trial A 19 = freedom of expression A20 = freedom of assembly
DONNELY on UDHR
Even though not legaly binding it represents ‘foundational document’
Even though it is not legally biding, how have some argued the UDHR can be viewed as such?
Has become customary international law
ICCPR 1966
‘first generation rights’
Monitored by the UN Human Rights Committee
ICESCR 1966
‘second generation rights’
different committee
What happened in 2008?
Introduction of First Optional Protocol = individuals could bring claims to the committees
Why are their 2 separate covenants?
1) Cold war ideological difference
2) Principle objections to socio-political rights, no ‘real’
