Lecture 1 Flashcards
Prior to the Second World Wars, human rights were largely protected under national law but not under international law
The most important departure in this regard was the adoption of the ________________ in 1948
This and subsequent documents repositioned human rights as parts of international law
Prior to the Second World Wars, human rights were largely protected under national law but not under international law
The most important departure in this regard was the adoption of the Universal Declaration of Human Rights in 1948
This and subsequent documents repositioned human rights as parts of international law
The _______ was an early Human Rights Instrument drafted to address persistent violations of ancient customs by King John.
Magna Carta contained many freedoms and rights including freedom from excessive taxation, equality before the law, and the right to inherit property
The Magna Carta was an early Human Rights Instrument drafted to address persistent violations of ancient customs by King John.
Magna Carta contained many freedoms and rights including freedom from excessive taxation, equality before the law, and the right to inherit property
The Bill of Rights 1689 was a restatement in statutory form of the Declaration of Right presented by the Convention Parliament to William and Mary in March 1689.
Lays down limits on the powers of the Crown and and sets out the rights of Parliament and rules for freedom of speech, the requirement of regular elections to Parliament and the right to petition the monarch without fear of retribution, the right to keep and bear arms.
Ideas behind the Bill of Rights were inspired by the thoughts of _________
The Bill of Rights 1689 was a restatement in statutory form of the Declaration of Right presented by the Convention Parliament to William and Mary in March 1689.
Lays down limits on the powers of the Crown and and sets out the rights of Parliament and rules for freedom of speech, the requirement of regular elections to Parliament and the right to petition the monarch without fear of retribution, the right to keep and bear arms.
Ideas behind the Bill of Rights were inspired by the thoughts of John Locke
Early Human Rights Instruments:
Declaration of ______ (1776)
American Constitution (1787)
Declaration on the Rights of Man (1789)
Bill of Rights (1791)
Early Human Rights Instruments:
Declaration of Independence (1776)
American Constitution (1787)
Declaration on the Rights of Man (1789)
Bill of Rights (1791)
The American _____ served as an example to other nations in the development of their own constitutions.
Until the Second World War, individual nations had the primary competence for protecting human rights.
The American Constitution served as an example to other nations in the development of their own constitutions.
Until the Second World War, individual nations had the primary competence for protecting human rights.
The Geneva Convention (1864)
Aimed to improve the conditions of the wounded in war
Main principles were:
*The relief to the wounded without any distinction as to nationality
*Neutrality (inviolability) of medical personnel and medical establishments and units
*The distinctive sign of the red cross on a white ground
Subsequent Geneva Conventions aimed to address the treatment of individuals in _____
The Geneva Convention (1864)
Aimed to improve the conditions of the wounded in war
Main principles were:
*The relief to the wounded without any distinction as to nationality
*Neutrality (inviolability) of medical personnel and medical establishments and units
*The distinctive sign of the red cross on a white ground
Subsequent Geneva Conventions aimed to address the treatment of individuals in combat
The atrocities committed during the Second World War provided a major impetus to the drafting of human rights documents at the international level
Serious issues of legality arose, including concerning the nature of rights, in particular at the _______ trials
The atrocities committed during the Second World War provided a major impetus to the drafting of human rights documents at the international level.
Serious issues of legality arose, including concerning the nature of rights, in particular at the Nuremberg trials
Human Rights after the Second World War:
The United Nations Charter was signed in San Francisco in October 1945
Justice Jackson’s Speech at Nuremberg
Universal Declaration of Human Rights adopted in December ____
Human Rights after the Second World War:
The United Nations Charter was signed in San Francisco in October 1945
Justice Jackson’s Speech at Nuremberg
Universal Declaration of Human Rights adopted in December 1948
Universal Declaration of Human Rights.
Art 1 – all humans are equal in dignity and rights
Art 2 – non-discrimination against any individuals
Art 3 – right to life, liberty, and security of the person
Art 4 – prohibition of ____
Art 5 – prohibition of torture, inhumane and degrading treatment
Universal Declaration of Human Rights.
Art 1 – all humans are equal in dignity and rights
Art 2 – non-discrimination against any individuals
Art 3 – right to life, liberty, and security of the person
Art 4 – prohibition of slavery
Art 5 – prohibition of torture, inhumane and degrading treatment
Universal Declaration of Human Rights.
Art 6 – Recognition as a person before the law
Art 7 – Equal protection from the law
Art 8 – right to an effective remedy
Art 9 – no arbitrary arrest or detention
Art 10 – fair hearing by impartial tribunal
Art 11 – presumption of _____
Art 12 – no arbitrary interference with privacy, home, family or correspondence
Universal Declaration of Human Rights.
Art 6 – Recognition as a person before the law
Art 7 – Equal protection from the law
Art 8 – right to an effective remedy
Art 9 – no arbitrary arrest or detention
Art 10 – fair hearing by impartial tribunal
Art 11 – presumption of innocence
Art 12 – no arbitrary interference with privacy, home, family or correspondence
Universal Declaration of Human Rights.
Art 21 – access to public services
Art 22 – right to social security
Art 23 – the right to ____, equal pay and form and join trade unions
Art 24 – right to rest and leisure including holiday pay and limitations on working hours
Art 25 – reasonable standard of living, health and wellbeing including food, clothing, housing, medical care, and necessary social services particularly motherhood and childhood
Universal Declaration of Human Rights.
Art 21 – access to public services
Art 22 – right to social security
Art 23 – the right to work, equal pay and form and join trade unions
Art 24 – right to rest and leisure including holiday pay and limitations on working hours
Art 25 – reasonable standard of living, health and wellbeing including food, clothing, housing, medical care, and necessary social services particularly motherhood and childhood
Universal Declaration of Human Rights. Art26– \_\_\_\_\_\_ Art27– participation in cultural life Art 28– social and international order Art 29 – limitations of rights necessary in a democratic state
Universal Declaration of Human Rights. Art26–education Art27–participation in cultural life Art 28–social and international order Art 29 – limitations of rights necessary in a democratic state
The UDHR established a coherent and thorough list of rights that correspond in the main with our concept of human rights, writ large, and our expectations in free and democratic societies
Two critical limitations of the UDHR:
– Not ___________; rather, an aspirational document. Transposing these guarantees of basic freedoms into legally-binding human rights treaties would engender the segregation of civil/political rights from social/economic/cultural rights
– Speaks of universal rights, no account of cultural relativism
The UDHR established a coherent and thorough list of rights that correspond in the main with our concept of human rights, writ large, and our expectations in free and democratic societies
Two critical limitations of the UDHR:
– Not Legally binding; rather, an aspirational document. Transposing these guarantees of basic freedoms into legally-binding human rights treaties would engender the segregation of civil/political rights from social/economic/cultural rights
– Speaks of universal rights, no account of cultural relativism
Universalism v Cultural Relativism
UDHR moves to divorce human rights law from conceptions of rights which are relative to the socio- cultural and economic communities which are meant to enact and assure them.
Considers the rights contained in the UDHR as universally acceptable and applicable to all ________
Universalism v Cultural Relativism
UDHR moves to divorce human rights law from conceptions of rights which are relative to the socio- cultural and economic communities which are meant to enact and assure them.
Considers the rights contained in the UDHR as universally acceptable and applicable to all human beings
Universalism v Cultural Relativism
What is the purpose of a universalist approach to rights?
To treat questions of equality and liberty under a more general, human angle, or to disparage one approach in favour of another which might both be equally valid?
Detractors note that a _____ approach fails to account for any cultural, traditional, or social differences of persons throughout the world.
Universalism v Cultural Relativism
What is the purpose of a universalist approach to rights?
To treat questions of equality and liberty under a more general, human angle, or to disparage one approach in favour of another which might both be equally valid?
Detractors note that a universalist approach fails to account for any cultural, traditional, or social differences of persons throughout the world.
The Division of Legally Enforceable Rights
______ was not a binding human rights instrument
– Could not be relied upon in Courts
– States could not be punished for violations
– States responsible for enacting rights domestically
Necessity recognised for rights contained in UDHR to be transposed into subsequent binding international legal instruments
The Division of Legally Enforceable Rights
UDHR was not a binding human rights instrument
– Could not be relied upon in Courts
– States could not be punished for violations
– States responsible for enacting rights domestically
Necessity recognised for rights contained in UDHR to be transposed into subsequent binding international legal instruments
Because the UDHR was not a binging human rights instrument, two separate documents were drafted to give enforceable rights to the individual.
This resulted in: 1) The International Covenant on __ and _____Rights and
2) the International Covenant on _____, ___ and _____Rights
ICESCR entered into force on the 3rd of January 1976
ICCPR entered into force on 23rd March 1976
Because the UDHR was not a binging human rights instrument, two separate documents were drafted to give enforceable rights to the individual.
This resulted in: 1) The International Covenant on Civil and Political Rights and
2) the International Covenant on Economic, Social and Cultural Rights, which where adopted by the General Assembly and opened for signature, ratification and accession on 16th of December 1966
ICESCR entered into force on the 3rd of January 1976
ICCPR entered into force on 23rd March 1976
The ICCPR (International Covenant on Civil and Political Rights) places immediate negative and positive obligations upon states to protect the rights contained therein.
There are State-State, State-citizen obligations
Optional protocol individuals may bring a petition to _________________
The ICCPR (International Covenant on Civil and Political Rights) places immediate negative and positive obligations upon states to protect the rights contained therein.
There are State-State, State-citizen obligations
Optional protocol individuals may bring a petition to United Nations Human Rights Commission
United Nations Human Rights Commissioner mainly a _____and _____ body.
No enforcement mechanism for findings, depends upon political pressure.
I.e.: Position clarified in Ahani v Canada (Attorney General) (2002) 58 O.R (3d) 107 at para. 32, states are not bound by the final views of the Committee
United Nations Human Rights Commissioner mainly a reporting and advisory body.
No enforcement mechanism for findings, depends upon political pressure.
I.e.: Position clarified in Ahani v Canada (Attorney General) (2002) 58 O.R (3d) 107 at para. 32, states are not bound by the final views of the Committee
The petition to the UN Human Rights Commission system for the ICCPR is only available to individuals whose state has ratified optional protocol, decisions are not ______ ; succession from optional protocol also possible
At minimum, however, provides a forum for individuals to illuminate rights violations by states
The petition to the UN Human Rights Commission system for the ICCPR is only available to individuals whose state has ratified optional protocol, decisions are not binding; succession from optional protocol also possible
At minimum, however, provides a forum for individuals to illuminate rights violations by states
Compared to the ICCPR, by contrast, ICESCR places no immediate obligations upon _____.
Rather, states are bound respect, protect, and fulfil the rights contained therein according to a programmatic or progressive implementation process.
May take into account the availability of resources in consideration of their compliance with the ICESCR
Compared to the ICCPR, by contrast, ICESCR places no immediate obligations upon states.
Rather, states are bound respect, protect, and fulfil the rights contained therein according to a programmatic or progressive implementation process.
May take into account the availability of resources in consideration of their compliance with the ICESCR
The Committee on Economic, Social and Cultural Rights (CESCR) is the body of independent experts that monitors implementation of the ________________ (ICESCR) by its States parties.
States are required to provide reports to the committee at regular intervals regarding their compliance with their obligations under the ICESCR. Committee may issue recommendations, no enforcement mechanisms whereby it could compel compliance.
Reports are non-binding.
The Committee on Economic, Social and Cultural Rights (CESCR) is the body of independent experts that monitors implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR) by its States parties.
States are required to provide reports to the committee at regular intervals regarding their compliance with their obligations under the ICESCR. Committee may issue recommendations, no enforcement mechanisms whereby it could compel compliance.
Reports are non-binding.
In 2008, Optional Protocol to the ICESCR was approved by the Human Rights Council and was adopted by the General Assembly.
It establishes an individual petition mechanism. Committee may request interim measures.
All ______ remedies must be exhausted before right of individual petition attains
In 2008, Optional Protocol to the ICESCR was approved by the Human Rights Council and was adopted by the General Assembly.
It establishes an individual petition mechanism. Committee may request interim measures.
All domestic remedies must be exhausted before right of individual petition attains
There are three reasons for which the Individual Complaint Mechanism will not result in meaningful change regarding the status of economic, social and cultural rights
First: states may cite lack of available _____to justify lack of progress toward realisation of the rights, no immediate obligations
Two: Optional Protocol does not provide for ______ mechanisms, Committee may only make recommendations
Three: In dualist nations such as Ireland and United States, international legal instruments do not have direct effect and must be enacted by legislation, therefore, not part of _____law
There are three reasons for which the Individual Complaint Mechanism will not result in meaningful change regarding the status of economic, social and cultural rights
First: states may cite lack of available resources to justify lack of progress toward realisation of the rights, no immediate obligations
Two: Optional Protocol does not provide for enforcement mechanisms, Committee may only make recommendations
Three: In dualist nations such as Ireland and United States, international legal instruments do not have direct effect and must be enacted by legislation, therefore, not part of domestic law
