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INTRODUCING PROTECTION OF HUMAN RIGHTS
21 November 2011
Barbro Svedberg
Exercise Thinking about human rights…..
“Human Rights Square”
Find answer by asking your friends as many of the questions as possible in 10 min
Short reporting
Universal Declaration of Human Rights
human dignity of all people is the foundation of justice and peace in the world
What are human rights?
Universal legal guarantees protecting individuals and groups against actions and omissions that interfere with fundamental freedoms, entitlements and human dignity.
Human rights law obliges Governments (principally) and other duty-bearers to do certain things and prevents them from doing others.
Some characteristics of human rights
Universal
Focus on the inherent dignity and equal worth of all human beings
Are equal, indivisible and interdependent
Cannot be waived or taken away
Impose obligations of action, particularly on States and State actors
Have been internationally guaranteed
Are legally protected
Protect individuals and, to some extent, groups
Some characteristics of human rights
Some characteristics of human rights (cont)
Principle of Non-discrimination
…without any discrimination on grounds such as race, colour, sex, language, political and other opinion, national or social origin, property, birth or other status
Include civil, political, economic, social and cultural rights
There exists no hierarchy among human rights – they are equally important
What kind of human rights obligations are there?
To respect human rights means simple not to interfere with their enjoyment. For instance States should refrain from carrying out forced evictions.
To protect human rights means to take steps to ensure that third parties do not interfere with their enjoyment. For example, states must protect the accessibility of education by ensuring that parents and employers do not stop girls from going to school.
To fulfill human rights means to take steps progressively to realize the right in question. This obligation is sometimes subdivided into obligations to facilitate and to provide for its realization
Conventions
CERD
1965
1969
CAT
1984
1987
CRC
1989
1990
CMW
1990
2003
CEDAW1979
1981
ICCPR
1966
1976
ICESCR
1966
1976
CRPD
2006
2008
CED
2006
ICCPR - Covenant on Civil and Political Rights
ICESCR - Covenant on Economic, Social and Cultural Rights
CERD - Convention on the Elimination of all forms of racial discrimination
CEDAW - Convention on the Elimination of all forms of Discrimination against Women
CAT - Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
CRC - Convention on the Rights of the Child
CMW - Convention on the Protection of the Rights of all Migrant Workers and their Families
CRPD - Convention on the Rights of Persons with Disabilities
CPD - Convention for the Protection of All Persons from enforced Disappearances
one for each treaty
10-23 independent experts
1-3 sessions/year, approx 2-3 weeks
examine reports from Governments
write concluding remarks about the reports
produce”general comments” to explain how to interpret the convention
individual cases (some)
NGOs?
-alternative reports
-general comments
-spread information
-individual cases
ICCPR CAT
CEDAW CERD
CMW
Treaties / Treaty Bodies
MOVIE TIME!
“Bringing Human Rights Home” OHCHR 2010
Reports Procedure: summing up
?????????
Questions
?????????
State writes
answers
State writes report
Pre-session
State presents
report incl. answers
Main session
Concluding observations
(+questions)
State responds
to questions if urgent
Five years later
State writes report
Six months later
Reports?????????
Questions
?????????
State writes
answers
Pre-session
State presents
report incl. answers
Main session
Concluding observations
(+questions)
State responds
to questions if urgent
State writes report
NGOs?
-NGOs write analternative report
-NGOs provide questions
-NGOs present alternative report
-NGOs make comments
-NGOs use concluding observations for campaign and lobby
-informal meetings
Different ways of introducing human rights protection at the national level
Courts
Ombudsmen/National human right instiutions
Legislation – Starting point but the implementation is crucial
National Human Rights Plans of Action
Public sector and civil society
Human rights education
REFLECTION
What are the main human rights obligations addressed in your work?