Session 7 Flashcards
What are states obligations regarding human rights?
- To refrain from interfering with or curtailing the enjoyment of HRs
- To protect individuals and groups against HRs abuses
- To take positive action to enable the enjoyment of basic HRs
What happens if domestic legal proceedings fail?
mechanisms and procedures for individual complaints/communications available at the regional levels and international levels
On which documents does the universal legal framework rely to enforce human rights?
the UN Charter –> the International bill of rights
What is the international bill of rights made of?
Universal declaration of human rights; international covenant on civil and political rights, international covenant on economic, social and cultural rights
Give the main documents of regional legal framework of HR
European convention for the protection of human rights and fundamental freedoms
American Convention on Human Rights
African Charter on Human and people’s rights
Give international procedure for claims concerning HR
Office of the High Commissioner for Human Rights : offers expertise and support to the different human rights monitoring mechanisms
Human Rights Council: addresses situation of HR”s violation and HR themes + makes recommendations to states
What are treaty based bodies?
bodies of independent experts that monitor implementation of the core international human rights treaties
They have complaints procedures which allow for complaints, communication, but needState to recognise the competence of the committee to receive such complaints
Are the decisions of the committee binding?
Yup, no appeal is possible, and state party are to supply information within 3 months on the steps it has taken to give effect to its findings
Are the decision of the treaty based bodies binding?
The Human Rights committee thinks that its views are binding (pasta sent servant, etc); but not all states agree with this argument
Describe the ECHR (function, characteristics of decisions)
It is a full-fledged judicial court of HR
It is to secure rights and freedoms defined in the ECHR to everyone within its jurisdiction
Its decisions are final and binding
How does the American Court of Human Rights work?
The commission rules on the admissibility of a claim, and issues recommendation to remedy the violation; if the state fails, the case if referred to the Court, which decision are final and it can order reparations, binding under article 68(1)
How does the African Court on Human and Peoples’ rights work?
It has jurisdiction over all cases submitted to it either by the African Commission, states parties to the protocol, NGO or individuals as long as States have made a declaration acception the jurisdiction of the court (solely 6 for now)
What is the UPR?
The Universal Periodic review is a new HR control mechanism, it assesses the HR situation in all UN member states, it relies on peer-to-peer mechanism.
Define responsibility to protect
According to the ICISS report, states are protect the people living within its territory, and when the state is unable or unwilling to do it; it becomes the responsibility of the international community to act in its place
What are the forms of humanitarian intervention?
Collective humanitarian intervention or unilateral
