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HUMAN RIGHTS AND CITZENSHIP (PPT)
FOR SUMMER IN SERVICE STUDENTS (TITORIAL CLASS)
YEAR III, CIVICS AND ETHICS
Prepared by: Solomon G/yohnas
Department of Civic and ethical studies
College of Law and governance
Mekele University
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C CONTENT OUTLINE CONTD.
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L & M RIGHTS CONTD
Legal rights are not subject to dispute as moral
rights are
Legal rights are not violated both by the stateand individuals in a democratic society where
as moral rights may be violated
HR are originated from moral rights and hence
they are best expressed as moral than legal
But for moral rights to be HR they need to be
recognized by the state and codified in to a law
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THE MEANING/DEF/CONC OF HR
Human Rights (HR) are the rights that all people have by
virtue of being human beings regardless of their
identity/status
HR are commonly understood as inalienable
fundamental rights to which a person is inherently
entitled simply because she or he is a human being.
HR arederived from the inherentdignityof the humanperson and are defined internationally, nationally and
locally by various law making bodies
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THE MEANING OF HR CONTD
Human rights are commonly understood as being those rightswhich are inherent in the mere fact of being human. The
concept of human rights is based on the belief that every
human being is entitled to enjoy her/his rights without
discrimination. Human rights differ from other rights in two
respects. Firstly, they are characterised by being:
Inherent in all human beings by virtue of their humanity alone (they do not
have, e.g., to be purchased or to be granted);
Inalienable (within qualified legal boundaries); and
Equally applicable (universal) to all regardless of the persons identity and
stutus .
Secondly, the main duties deriving from human rights fall on states andtheir authorities or agents, not on individuals. And thus human rights must
themselves be protected by law (the rule of law).
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M MEANING OF HR CONTD
HR are basic rights entitled to human beings
The idea ofbasic rights originated from the need to protect the
individual against the (arbitrary) use of state power.
Attention was therefore initially focused on those rights which
oblige governments to refrain from (negative obligation) certainactions. Human rights in this category are generally referred to
as fundamental freedoms
Such fundamental freedoms are eqauly entitled to all HB and
thus equality and non-descrmination are the founding stoneof HR
HR are essential precondition for human development
Thus they have a bearning on relations both between the
individual and the state, and between individuals themselves
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THE MEANING
The individual-state relationship is known as the vertical effect ofhuman rights:
The individual-individual relationship is known as the horizontal
effect of human rights
The horizontal effect implies, among other things, that a
government not only has an obligation to refrain from violating
human rights, but also has a duty to protect the individual from
infringements by other individuals.
The right to life thus means that the government must strive to
protect people against homicide by their fellow human beings. Similarly, Article 17(1) and (2) of the ICCPRobliges governments to
protect individuals against unlawful interference with their privacy.
Another typical example is the Convention of the Elimination of All
Forms of Racial Discrimination (CERD), which obliges states to
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BRIEF HITSTORY OF HR
The origins of human rights may be found both in Greek
philosophy and the various world religions
Antiquity
Code of HammurabiRights of Athenian citizens
Medieval
Magna Carta (1215)
Sir Thomas Aquinas theory of natural rights (13th
Century
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BRIEF HISTORY CONTD
Enlightenment English Declaration of the Rights of Man (1689)
U.S. Declaration of Independence (1776)
French Declaration of the Rights of Man and of the Citizen
(1789)
United States Constitution and Bill of Rights (1789)
Early Developments (cont.)
International Committee for the Red Cross (1863)
Geneva Convention (1864)
Hague Conventions (1899 and 1907)
League of Nations and the International Labor Organization
(1919)
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BRIEF HISTRY CONTD.
Aftermath of World War II
Roosevelts Four Freedoms Speech
(January 6, 1941): freedom of speech, religion and
freedom from want and fear
The Atlantic Charter Between the United States and
Great Britain (August 14, 1941)
The Nuremberg and Tokyo TribunalsCreation of the United Nations (1945)
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MODERN PROTECTION
OF INTERNATIONAL HUMAN RIGHTS.
The Preamble to the United Nations Charter states that the
Peoples of the United Nations are determined to reaffirm
faith in fundamental human rights, in the dignity and worth of
the human person, in the equal rights of men and women andof nations large and small.
In 1948, the UN General Assembly adopted the Universal
Declaration of Human Rights.
This declaration changed the concern of how governments
treats their citizens from local to international
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UNDH CON TD
The influence of the UDHR has been substantial
Its major principles have been incorporated in to most the UN
member states
However, the UDHR is not legally binding, it is simply arecommendation
The Declaration enumerates civil, political, economic, social,
and cultural rights, but the Declaration contains no provisions
for monitoring or enforcement.
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Introduction content
contd.
With the goal of establishing mechanisms forenforcing the UDHR, the UN Commission on
Human Rights proceeded to draft twotrea
ties:
The Covenant on Civil and Political Rights
The Covenant on Economic, Social and Cultural Rights,
The CCPR and CESCR together with the UDHR, are nowknown as the International Bill of Human Rights
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THE ICCPR CONTD
The ICCPR: Prohibits discrimination on the basis of race, color, sex,
language, religion, political or other opinion, national or socialorigin, property, birth or other status without regard tocitizenship
Prohibits torture and cruel, inhuman or degrading treatment orpunishment (personal integrity)
Prohibits slavery
Limits the death penalty (in countries that still allow it) to the
most serious crimes committed by persons over 18 Prohibits arbitrary arrest or detention
Protects freedom of movement and residence
Protects the right to trial, presumption of innocence, right to alawyer, right to an appeal, freedom from self-incrimination, and
freedom from double jeopardy
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ICCPR CONTD
Protects freedom of opinion and expression
Protects freedom of association and assembly
Public emergency exception (but no torture, executions, orslavery is ever permissible)
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BPR ICESCR
Right to work and make a decent living for themselves andtheir families
Safe and healthy working conditions
Right to form trade unions with the right to strike
Right of everyone to Social Security, including social insurancewidest possible protection and assistance should be accorded
to the family, which is the natural and fundamental group unit
of society
Right to adequate food, clothing and housing and to the
continuous improvement of living conditions
Right to education
Right to heath care
Economic rights are subject to each countys ability to provide
such rights progressively as its resources permit
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MODERN PROTECTION CONTD.
In addition to the International Bill of Human Rights,the United Nations has drafted and promulgated over80 human rights instruments:
genocide
racial discrimination
discrimination against women
Refugee protection
torture
the rights of disabled persons the rights of the child
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UN HUMAN RIGHTS BODIES.
Security Council General Assembly
Economic and Social Council
Commission on Human Rights
Subcommission on the Promotion and Protection of HumanRights
Commission on the Status of Women
Commission on Crime Prevention and Criminal Justice
International Court of Justice
International Criminal Court
Office of the High Commissioner for Human Rights (created by
the General Assembly in 1993)
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UN HR TREATY MONITORING BODIES.
Human Rights Committee
Committee on the Elimination of All Forms of Racial
Discrimination
Committee on the Elimination of Discrimination Against
Women
Committee Against Torture
Committee on the Rights of the Child
Committee on Economic Social and Cultural Rights
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CHAPTER TWO: THEORIES OF HUMAN RIGHTS
2.1. The Philosophical Background of Human Rights2.1.1. Aristotle and the Stoics
The origins and development of the theory of human rights is
inextricably tied to the development of moral universalism
The essential prerequisites for a defense of human rights alsoinclude a conception of the individual as the bearer of certain
natural rights and a particular view of the inherent and equal
moral worth of each rational individual
Human rights rest upon moral universalism and the belief in
the existence of a truly universal moral community comprising
all human beings.
Moral universalism posits the existence of rationally identifiable
trans-cultural and trans-historical moral truths
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THEORIES CONTD In distinguishing between natural justice and legal justice,
Aristotle writes, the natural is that which has the same validity
everywhere and does not depend upon acceptance
The criteria for determining a truly rational system of justice
pre-exist social and historical conventions. Natural justice pre-
exists specific social and political configurations Similarly the Roman Stoics, such as Cicero and Seneca, were
arguing that morality originated in the rational will of God and
the existence of a cosmic city from which one could discern a
natural, moral law whose authority transcended all local legalcodes. The Stoics argued that this ethically universal code
imposed upon all of us a duty to obey the will of God.
The belief in the existence of a universal moral community was
maintained in Europe by Christianity over the subsequent
centuries
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. THEORIES CONTD.
While some have discern intimations towards the notion of rightsin the writings of Aristotle, the Stoics, and Christian theologians, a
concept of rights approximating that of the contemporary idea of
human rights most clearly emerges during the 17th and 18th
centuries in Europe and the so-called doctrine ofnatural law.
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THEORIES CONTD.
JOHN LOCKE AND THE NATURAL LAW
The source of natural law: Natural moral code
Natural law was deemed to pre-exist actual social and political
systems. Natural rights were thereby similarly presented as
rights individuals possessed independently of society or polity
Natural rights were thereby presented as ultimately validirrespective of whether they had achieved the recognition of
any given political ruler or assembly
The typical exponent of this position was the 17th. Century
philosopher John Locke
At the centre of Lockes argument is the claim that individuals
possess natural rights, independently of the political
recognition granted them by the state
Locke argued that natural rights flowed from natural law.
Natural law originated from God
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Locke contd.
What is the need for establishing the state? Locke argues thatit is to protect and promote of individuals natural rights
Locke went further to argue that individuals are morally
justified in taking up arms against their government should it
systematically and deliberately fail in its duty to secureindividuals possession of natural rights.
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Theories contd.
Immanuel Kant and the justification for Human rights
Kants moral philosophy begins with an attempt to correctly identify
those principles of reasoning that can be applied equally to all
rational persons, irrespective of their own specific desires or partial
interests According to Kant doing the right thing is thus not determined
by acting in pursuit of ones own interests or desires, but acting
in accordance with a maxim which all rational individuals are
bound to accept. Kant terms this the categorical imperative,which he formulates in the following terms, act only on that
maxim through which you can at the same time will that it
should become a universal law
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Theories- Kant contd.
For Kant, the capacity for the exercise of reason is thedistinguishing characteristic of humanity and the basis for
justifying human dignity
Human rights are rights we give to ourselves, as autonomous
and formally equal beings
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Legalizing HR
Though one could argue that the conceptual prerequisites for
the defence of human rights had long been in place, a full
Declaration of the doctrine of human rights only finally
occurred during the 20th Century and only in response to the
most atrocious violations of human rights, exemplified by the
Holocaust. The Universal Declaration of Human Rights (UDHR)
was adopted by the UN General Assembly on 10th. December
1948 and was explicitly motivated to prevent the future
occurrence of any similar atrocities. The Declaration itself goesfar beyond any mere attempt to reassert all individuals
possession of the right to life as a fundamental and inalienable
human right.
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LEGALIZING HR CONTD
The UDHR has been further supplemented by such documentsas the European Convention for the Protection of Human Rights
and Fundamental Freedoms (1953) and the International
Covenant on Economic, Social and Cultural Rights (1966). The
specific aspirations contained within these three documents
have themselves been reinforced by innumerable other
Declarations and Conventions. Taken together these various
Declarations, conventions and covenants comprise the
contemporary human rights doctrine and embody both the
belief in the existence of a universally valid moral order and abelief in all human beings possession of fundamental and
equal moral status, enshrined within the concept of human
rights
NB: the contemporary doctrine of human rights, is not a mere
expression the concept of natural rights
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DIFFERENCE B/N NATURAL AND HR
James Nickel (1987: 8-10) identifies three specific ways inwhich the contemporary concept of human rights differs from,
and goes beyond that of natural rights.
1. contemporary human rights are far more concerned to view
the realization of equality as requiring positive action by the
state, via the provision of welfare assistance RATHER THAN
viewing equality in formalistic terms, as principally requiring
the state to refrain from interfering in individuals lives
2. whereas advocates of natural rights tended to conceive of
human beings as mere individuals, veritable islands untothemselves, advocates of contemporary human rights are far
more willing to recognize the importance of family and
community in individuals lives
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PHILISOPHICAL JUSTFICATION OF HR
Whey do we need to recognize, respect and protect HR? There are two philosophical approaches: the interest and will
theory approach
Advocates of the interests theory approach argue that the
principal function of human rights is to protect and promote
certain essential human interests. Securing human beings
essential interests is the principal ground upon which human
rights may be morally justified. The interests approach is thus
primarily concerned to identify the social and biological
prerequisites for human beings leading a minimally good life. The universality of human rights is grounded in what are
considered to be some basic, indispensable, attributes for
human well-being, which all of us are deemed necessarily to
share
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Criticisms to HR contd
NB: all principles of HR are not necessarily relative to aspecific cultural locality: thus there are always universal
valueas universally shared
At its worst, the doctrine of moral relativism may be being
deployed in an attempt to illegitimately justify oppressivepolitical systems
However, human rights should no longer be accused of being
culture-blind.
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Criticism of HR contd
B. Epistemological criticisms of human rights The second most important contemporary philosophical form of
human rights criticism challenges the presumed objective
basis of human rights as moral rights.
b/C according to epistemologists moral principles andconcepts are inherently subjective in character
On this view moral beliefs do not emanate from a correct
determination of a rationally purposive will, or even gaining
insight into the will of some divine being. Rather, moral beliefs
are fundamentally expressions of individuals partial
preferences. This position therefore rejects the principal ground
upon which the concept of moral rights rests: that there exist
rational and a priori moral principles upon which a correct and
legitimate moral doctrine is to be founded
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PO CLASSIFICATION OF HR CONTD
Eg1. the right to a fair trial, a typical example of classic rightsthat requires a non-interventionist role, practically, however, the
right to a fair trial requires well-trained judges, prosecutors,
lawyers and police officers, as well as administrative support
which entails high costs and active intervention of the sate Eg2. the right to work is a typical example of social rights that
demands state intervention (positive obligation), however, such
rights also encompasses the individuals right to choose
his/her own work which implies a non-interventionist state
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RESERVATION, LIMITATION AND DEROGATION
OF HR
Are all human rights absolute? No
Are human rights treaties/conventions accepted and protected
by member states of the UN? No
In accordance with international human rights law there areessentially three ways in which the State may limit or
restrict the scope of its obligations:
Reservations to treaties
Express limitations to rights
Derogations from rights
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DIFFERENCE BETWEEN LIBATION AND
DEROGATION
Limitation Derogationis usually embodied in the rights and is
applicable in times of peace (normal times
)
Is only permitted in exceptional
circumstances (when the life of the nation
is at stake)
Are necessary to balance individual and
public rights (eg. involuntary confinement)
Are necessary to save the live of the
nation/community as a whole
Can be in place for a longer periods of
time
Should be in place only for short periods of
time
Are embodied in the right themselves Situation matters
Affects only some specific rights Affects all deregoble rights (excluding NDR)
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CONDITIONS FOR LIMITATION AND DEROGATION OF HR
Condition for limitation of HR Conditions for derogation of HR
1. Lawful: in accordance with the (both
local and international law or as
prescribed by law
The crisis must be imminent or actual
and exceptional
2. Legitimate: to serve aims listed in the
provisions of legal documents (eg. theprevention of disorder and crime
The effect of he crisis must involve the
whole nation
3. Necessary in a democratic society (eg.
pressing social need)
The crisis must threaten the survival of
a country
4. Proportional proportional
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EXCLUSION/INCLUSION OF LIMITATIONS AND
DEROGATIONS UNDER DIFFERENTTREATIES OF HR
Name of treaties Exclusion/inclusion of derogation and limitationsclauses
1. UDHR Only contains general limitation rights , but no
derogation clauses
2. ICESCR No derogation clause is included, but no explicit
prohibition is made to derogation under state ofemergency
3. ICRC
4. ACHPR Contains limitation provisions, but no derogation clauses
5. ICCPR Contains both limitation and derogation clauses
6. ECHR Contains both limitation and derogation clauses
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DEROGATIVE RIGHTS: WHY? WHEN? HOW LONG?
Derogation is defined as the act of a state suspending the
application and enjoyment of certain human rights upon its
declaration of a state of public emergency affecting the life of a
whole nation.
Theoretically, all civil and political rights which do not fall under
the principle of non-derogability in the relevant treaty can bederogated.
Why derogation? To balance individual and public interest or to
ensure collective security, morality and common interest
Derogation, when? only in difficult situations when the life ofthe nation is at stake (subject to interpretation)
Derogation, for how long? For a short period of time
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Precondition for derogation ofHR
To adopt derogating measures, one should satisfy the following pre-conditions. The crisis:
Must be actual or imminent.
Its effects must involve the whole nation.
Must threaten the continuance of organized life in the community/the survival of a country.
Must be exceptional, in that the normal measures or restrictions,
permitted by the Convention for the maintenance of public safety,
health and order, are plainly inadequate (situations such as simple
riots or internal disturbance would not justify derogations).
Must be of temporary nature (should not last several years or
decades).
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Conformity principles required during derogation of HR
The principle of exceptional threat
The principles of proportionality
The principle of non-discrimination
The principle of consistency
The principle of protecting fundamental rights
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Non-derogable rights under the ICCPR
The ICCPR, in its Article 4, stipulate the following seven rights
as non-derogable even if the country in question is in the state
of emergency/ when survival is being threatened
The right to life (Art. 6)
The right to be free from torture or cruel, inhuman or degrading
treatment or punishment (Art. 7).
The freedom of exempt from slavery and forced-labor (art. 8) NB: in the state of emergency, the government could forcibly compel its civilians in providing services and laborious
works to manage natural or manmade crisis that otherwise could not be overcome
Freedom from being imprisoned for the luck of fulfilling
contractual obligations
The principle of non-retroactivity
Equality before the law
freedom of though, conscience and religion
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Non- erogative rights nder ,
the thiopian constit ti ons provides fornon-derogative rights
enumeratedunder Articles, 1, 18, 25andsub articles 1 and2of
Article 39 i.e. the nomenclature of the state, equality before the law,
freedom from slavery, self-determinationandthe rightnot to be
subjectedto inhumananddegradingtreatment.
Unlike the ICCPR, The FDRE Constitution does not recognizethe right to life, prohibition of torture, freedom of religion,
thought and conscience, the non-imprisonment for failing to
fulfill contractual obligation and non-retroactivity of criminal law
as non-derogable rights
However, the FDRE Constitution adds lists of rights that are not
embodied in the ICCPR as non-derogable: the right to equality,
self-determination and prohibition of trafficking in person
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Non-derogative rights under FDRE,
The nomenclature of the state (why special?)
equality before the law,
freedom from cruel, inhuman, or degradingtreatment or punishment (the meaning of forced
labour pp 71)
The right to self-determination (why special?)
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Institutions and enforcement mechanisms of HR
Institutions and enforcement/monitoring mechanisms atinternational level
Institutions/Treaty bodies enforcing HR
Treaty bodies have been set up for the following five core
United Nations human rights treaties to monitor Statesparties' efforts to implement the provisions of the
international Human Rights instruments
f
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international treaty bodies enforcing HREnforcing
bodies
Mandates Monitoring
mechanism
From whom?
HRC (1976)Monitors the implementation of the ICCPR Reports/com
plaints/SR
Government/individ
ual/civil society
CESCR
(1985)
Monitors the implementation of the ICESCR Reports/SR Government/Civil
society
CERD
(1969)
Monitors the implementation of the Convention on
the Elimination of All Forms of Racial
Discrimination.
Reports/complaints/SR
Government/individual/civil society
CEDAW
(1981)
Monitors the implementation of the Convention on
the Elimination of All Forms of DiscriminationAgainst Women.
Reports/com
plaints/Missi
on conduct/SR
Government/individ
ual/civil society
CRC (1991Monitors the implementation of the Convention on
the Rights of the Child
Reports/SR Government/Civil
society
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REGIONAL INSTITUTIONS MONITORING HUMAN RIGHTS
Enforcing bodies Mandates Monitoring
mechanism
From whom?
ACHPR
commission
-Promotional activities
-Monitoring the
implementation of ACHPR
-Interpretation of the ACHPR
(for more, see pp 82)
Reports/compli
nts/ SR
Governments, Individual or
organizational complaints
are only considered by
the Commission at the
request of a majority of
its members.
The African court
on HPR
Jurisdiction over the ACHPR
and other relevant treaties
ratified by the concerned body
From the ACHPR
commission, state parties,
AIGO
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National institutions enforcing/monitoring HR
Although specific enforcement mechanisms differ betweencountries, enforcement of national legislation usually occurs
through the following means:
Courts
Police
National human rights institutions
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Responsibilities of the NHRI under the paris principle
The Responsibilities of NHRI under the Paris principles : Monitoring HR
Advising the government
Creating links between national government, regional and
international governments Undertaking education and research on HR
Quasi-judicial competence
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TYPES OF NHRI
The existing recognized NHRI can be categorizedin to four different groups:
Consultative commission
Commissions with judicial competenceNational human rights centers
Human Rights Ombudsmen
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NATIONAL INSTITUTIONS ENFORCING AND MONITORING
HUMAN RIGHTS IN ETHIOPIA
The Ethiopian Human Rights Commission (EtHRC)
General introduction
Vision and mission
Objectives
Powers and duties
Scope and limitation of power
Organizational structure
The duty to coperate
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NHRI IN ETHIOPIA CONTD
Programs under the EtHRC
Human rights education
Human Rights Protection (complaint Investigation)
Human Rights Monitoring
Advising Government
Human Rights Research
Building the Capacity of Democratic Institutions
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NHRI IN ETHIOPIA CONTD
The Ethiopian Institute of Ombudsman
General introduction
Vision and mission (educating, enhancing, resolving and reforming)
Objectives
Powers and duties
Organizational structure
Scope and limitation of power (EIOs jurisdiction)
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Thank you for your attention!!!!!
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TREATY BODIES CONT
The Human Rights Committee (HRC)
Established in 1976
Mandate:
Monitoring country progress on the ICCPR by
examining periodic reports submitted by
governments;
examiningindividual complaints of humanrights violations