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Using the international human rights system

About BIHR

We are a national charity aiming to bring human rights to life in the UK by:

• Raising awareness of human rights

• Building capacity to use human rights based approaches

• Influencing policy change

Context/ aims

• NEP and BIHR Guide for the VCS – Using international human rights

• Want to bring this to life and inspire you to use it!

• Aim to increase awareness and understanding of the system and how you can engage with it to make a difference to your work

Overview

The ideasWhat are human rights, where do they come from and why do they matter? International law What are they key parts of the international human rights system and how do they work? The practiceHow can you use it? Case studies and practical examples.

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The ideas

Which human rights are being taken away in these photos?

Human rights are……

A set of rules for governments

According to common values

Now set down in law

Developed over centuries

To respect and protect individuals

Key ideas

Belong to everyone • Cannot be given, only claimed • Cannot be taken away •

Are a set of basic, universal standards •

Shift from needs to rights

A right “is something to which one is entitled solely by virtue of being a person … enables a person to live with dignity … can be enforced … and entails government obligation.”

A need “is an aspiration that can be quite legitimate but not necessarily associated with an obligation by government to cater to it. The satisfaction of a need cannot be enforced. Human rights make the difference between being and just merely existing”

From UNDP Poverty Practice note

Universal Declaration of Human Rights

ARTICLE 1

‘All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards each other in a spirit of brotherhood.’

Creation of a human rights system

Civil and political rights

Economic,social andculturalrights

The roots:Ancient philosophies, religion, revolutions, social movements etc

UDHRWomen

Children

Migrant workers

Disabled People

No Torture

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The law

UK Government

e.g. International human rights treaties e.g CEDAW (Convention on the Elimination of Discrimination against Women, CRC (Convention on the Rights of the Child)

European Convention on Human Rights 1950

Human Rights Act 1998

United Nations

Council of Europe

State obligations

State parties have obligations to: • Respect human rights – i.e. refrain from

interfering with the enjoyment of rights• Protect human rights – i.e. prevent rights

abuses by third parties• Fulfil human rights – i.e. pro-actively

engage in activities that strengthen access to and realisation of rights.

Different international human rights ‘mechanisms’

• International Treaties (Conventions)• Monitoring Committees• Other UN instruments (p40 guide)• Other ‘procedures’:

– Special Rapporteurs– Universal Periodic Review– UN High Commissioner for Human

Rights (Navi Pillay)

List of International Human Rights treaties1. International Covenant on Civil and Political Rights (ICCPR), 19662. International Covenant on Economic, Social and Cultural Rights

(ICESCR), 19663. Convention on the Elimination of Racial Discrimination (CERD),

19654. Convention on the Elimination of Discrimination Against Women

(CEDAW), 19795. Convention Against Torture (CAT), 19846. Convention on the Rights of the Child (CRC), 19897. Convention on Migrant Workers (CMW), 1990 (The UK has not

signed up to this Convention)8. International Convention on the Rights of Persons with Disabilities

(ICRPD), 2006 9. International Convention for the Protection of All Persons from

Enforced Disappearance (ICPED), 2006 (The UK has not signed up to this Convention)

UK and International treaties

Some facts!• UK signed and ratified all except for: Migrant

Workers and Enforced Disappearances• UK first governments to sign one on Persons

with Disabilities but only ratified on 8th June 09

• Only 2 countries haven’t ratified the Children’s Treaty- do you know which ones?

Sign or Ratify?

• Sign a treaty - not legally binding, but expressing agreement.

• Ratify a treaty- legally binding. Must submit report to committees to prove you are following the duties in the treaty.

Enforcing and monitoring rights

1. Govt Reports by states to UN treaty monitoring committees (international)

2. Committee sessions3. Concluding

observations4. Complaints by

individuals to UN committees (limited e.g CEDAW)

Group Activity

• Looking at the specific rights in some of the treaties and linking them to your work/issues.

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Engaging with the human rights system

How can you engage with international human rights?

• Raise awareness – tell people about them!• Influence the UN Committees• Hold the government and public

bodies to account • Campaign and lobby for stronger human

rights protection • Advocate for human rights

Influencing the committees

• Shadow reporting • Submitting evidence • Meeting the committees• Attending committee sessions as an

observer • Assisting the government with drafting

their official reports• Example – French CAT report example

Extract from Franciscans shadow report

“Franciscans International would like to draw the attention of the Committee against Torture to the situation of elderly persons in institutions and, in particular, to the significant level of mistreatment that occurs in therein.

Based on a sample of 496 calls received in 2007 concerning cases of the mistreatment of elderly persons in institutions, ALMA reveals that 44% of cases of repeated mistreatment concerned private establishments, whereas at least 36% of the cases were registered in public institutions.”

The reporting cycle

Holding the state to account

• Rich source of material for lobbying and campaigning work, e.g.

• Concluding observations • General comments • Powerful language • Example – Participation and Practice of

Rights project

Individual action-planning

• Pick a treaty which is relevant to your work.• What could you do to engage in the

reporting cycle Think about:- date of next government report, - what information you could send to the

committee, what evidence you have, - who you could partner with

Some tips- table from p19

• Have a look at the website of the relevant committee (via www.ohchr.org)

• Check the date that the UK is next due to report on the relevant treaty (see chapter 4).

• Find out if anyone else is planning to produce a report or is interested in getting involved.

• Have a look at the UK’s previous reports and the concluding observations.

• Can you get hold of a copy of the Government’s official report?• Identify the issues that you want to raise, and recommendations

on how the situation can be improved. • Make sure the information you include is clear, relevant and

concise.• Remember to find out how and when to submit your report.

Consultation…

• What would help you or your organisation to use human rights?

• Would a network of like-minded people help support you / your organisation to use human rights?

• What barriers are there to using human rights?