Professional Documents
Culture Documents
.........Chapter 1
INTERNATIONIAL
HUMAN RIGHTS LAW AND
THE ROLE OF THE LEGAI,
PROFESSIONS: A GENERAL
INTRODUCTION,o o.e..c.,.e e.c... o
iitnen Ngbt in tbc Admititratian oJfuttite: A Nlarlal on Hunan Ngbtrfrr.ldgx, Prusurlor: and l--atgers
cbdPtcr I ' Ifiematiorul Hman Ngb* lzw and tbc Roh of tbc rtgal PnJo:ioE; A Gcnaral bnodtction
_il
il.
Introduction
In recent
decades, international human rights lavr has had an ever-growing
I
impact on domestic legal systems throughout the wlrld, and thereby also on *-,. a^ify
wgrk of domestic judges, prosecutors and lawyers. This evolving legal situation, the
true dimensions of which could hardly have been foreseen half a century ago, requires
each State concerned, and also the televant legal professions, carefully to consider ways
in which effective implementation of the State's legai human rights obligarions can best
be secured. Tliis may in many instances constitute a chalienge. to legal pracrihoners,
owing to the conflicting requirements of different laws, lack of access to inforraarion,
and the need for further ttaining.
Hrman Ngltt in tbc Adninbtration ofJttsticc: A Mantal on Hman NghtJorJydgui pmsecttar and l-an1e6
r cttaptcr I 'ktcmationar Hman Ngbtr l-aw aatr ttt, not o1*drga p.Jofatioat:A G*oo1 1o114o16*
T
that, unless the conditions of the ever-increasing
number of workers were improved,
the workers would create sociar unrest, .rr.n
: ,Joor,r.rr;;;;, dso imperlring the
peace and harmony of the wodd.l
, Fo.llowing the atrocities commitged during the Second !7o4d rwar, the acute
I need to maintain peace and justice for h.,mrnkinj
pr.+ir"iJ
strengthening international cooperation, includ.irrg
.oop".rtion aimed both at
;;i,].5;;;, ;;
protecting the human-pemon against the arbitrary".*.r.ri.-oi sut".po-",
; ;;
I improving standards of living. Th! foundations
on'cerrain fundamental p:rp"l.: and principles
of a new interr,"tiorrd legal order based
were thus laid in san Francisco on 26
June 1945 with the adbption of the Charte, tf th. United Nations.
In the preamble to
I the charter, faith is first reaffirmed ,'io fundamentar
worth of the human person"in the equal rights
of mer,
t o*"., a*i", in the dignity and
*orrr-.n and of nations iarge
and ss1all". Secondly, the:p1g2rn61ralso,"irrt"r ^rrd
"tir,
.*fr.*
,.to Le deter*nation
I Promote social progress and better standards of rife
the four PurPoses of the United Natioris is,
in rarger freedom,,. rhiraiy, ;;" ;;
according ,o]Arri.l. 1(3) of the Charter,
"2, To ach.ieve . in solving inrernationel
inrernarional co-operation
I prob.lems of an economic, social, cultural,
frr,rr."U,u.iotd;#:::
o,
in promoting and en-couraging ,".p.., f"; ;;;;;i;;-il,;;;
fundamental freedoms for a! *itlout d.istinction
",
,;;;.;:::r,;;";:;
I or religion,,.
other
Charter ptovisions containing referenc.s to
human rights aie; Articles
13(1)(b)' 55(c),62(2),-68, and_76(c). rt is
of"par,i."i;; ,i;il;;;;. ,, poinr out rhat,
I according to Articles 56 and 55(c) read
in conjunction, ui-jt.d Nadonp Member
states
legal obligation "ro take' joint ,oa ,.pr*";;,r;';l-op.rrtio,,
Tyt i
organization for the achievemeni of ' ',universd with the
,.rp..t for, and obseryance of, human
rights and fundamental freedoms for
r;ligion"' rls meqlant Iegal a",, rl"a,i;
dt;il;;;;;;;..,
all without J;,1;;;;;;
throughout the United NationJqman'rights
,;;;'6,r,"r,
-' participation
p-gr;*;:-'-
with the adoption by the united Nations General Assembly
Declararion of Human Rights on 10 December of the universal
194g, ,h.,r;;;;;;;;;.;; r;
"human rights and fundamentil freedoms,,
in th. ct rrt., ,.q*r.a an authoritative
interpretation' The universal Declaration
recognizes-civil, cultural, economic, political
socj{ rights, and,'arthougii t,;
1d "", ;;;a[y binding documenr per se, sl.]ce it was
adopted ba. a resolution of th-e Gen"rrr
Atsrlm[ry, ,rr. fr..;;r-.;",""ed therein
norv considered to be legaly bindilg on are
srates .i,n., ,, .,rr,o*u",,'i;;";;"-
generai principles ofraw, or as fundatentar ffi,
principr., oir-,"-^Jr;. ," i,, dicrum in the
case concetning the hostages in
Tehran, the Inlernational court of
invoked "the fundamentar Justice clea4y
frincipt., .nr-Jt.d in the ,.. Decrarationflas being legaily
binding on Iran in particurai witiregard
imposicion of "physical constraint
* ,il;;i;"i;"rr#; ---' or[berry and the
iri condition, of nT.arf,ii;;
3For the
history of the ILO, ILO web j*,14.r.ilo.orglpubli./.r$.
see the
4See
Unircd Sra*t Diplonatic and Co^*r trrn,,, iri*ffir r*o, a/Ancica tt. Iran),fudgne*, ICJ fupotr 19g0,p.42, para.97,
Htnar Ngbtt in the Atlninittration offustia: A Matsar on Htnaa R)gbttfarJrtrgu, pnecilort an1 LauJen
J
Cb4tcr t . Inhmational Hman Ngttt l^aw and thc Rtlc of thc bgal Pnfeilon.r: A Gcrural Intmdiction
"jt:. ir :.-
I-Irnan Ngbb in tbc Atlninitration ofJnstice: A Maniual on Hanan NgltsJorJadg*, Pm*canr and l-at1cn
x ChdPter t . Iabnatimal.Hman Ngb* Iau
a
and tbe Rob of tbe l4dl Pmferint: A Gncral latu&tctioa
; -,,:
. ., ' ':,:
,'..'.,,..i
;
;
2.3 Human rights and,their impact,on national and
T international peace, security' and development
.t I ,:l
As already explained, it
was the uagedies of the nro lflorld $flars that
compelled the international community to create a wodd organization with the pupose
: of furthering peace and justice, inter alia by encouraging the promotion and protecrion
of human rights and fundamental fr5edoms. The all-too-evident lesson to be &awn
T ftom the Second Wodd lVar was that, when a State pursues a deliberate policy of
denying persons within its teritory their fundamental iiglts, not only is the internal
security of that State in jeopardy, put itr spdqug gituations thdre is a spillover effect that
T imperils the peace and security gf other States as well. This hard-ivon'lirson h11 been
confirmed on numerous occasions since in every part of the world. Effective
proteCtion of human rights promoi.r p.^.ri and stabi.lity at the national level not only
by allowing people to enjoy their basic rights and freedgms, but also by providing a
: basic democratic, culfural, ec.ongmic, poligical and scjciai framework *i,l.,in which
r Intetnational Covenants makes clear, the drafters were well aware of the essential fact
that effective human rights'protection it the municipal level is the foundation of jusrice,
peace and social and .Iorr*rri. development throughout the worid.
More recently, the link between, inter alia, the de of law, effective human
T rights protection and economic progr"rg has been emphasized by the Secretary-
General of the United Nations intttsMillenniun $rport,where he emphasized that
, .t-? t. r .. I ,
... : ;,i
f, Httuat Ngbts k the Adnin**atioa ofJu$ce: A Manaal on Pleman NgbtsforJtdget, Pmnuton and Laayrs 5
thc r.cgal Pnfissiont: A Gcacml lntnduction
cbaptcr t i lntcnationol Hrn dtt Ngpts Law and tbc Roh oJ
",..itisessential,ifmanisnottobecompelledtohave,recourse'asalast
resort' to rebellion against ryranny and oppression' that hulnan
rights
The
rigb,ts ffi|,$t be effectizsely pr.otectefl by domestic legal systems'
'tbese
rights,
overarching piinciple in the
pinciple of thelie of taw can ttus alsobl described as an
resPect for hurnan
ir"ta o( no^an rights protection because, wheie'ii does not exist,
aqcording to article 3
rights becom.s iilrsory. It is interesting in thi_: respel lo note that'
of the statute of the council of Eulope' "every' Member state "' must accept
the
is thus legally binding on th-e 43
q;".ipl" of the rule of law". This fundamgntal pdnciple
of the
irt.*b., States of the orq4nizatign, ,4 fact thl! has also influenced the case-law
107ith some modification, the next section will foliow the hi_erarchy-of legal
Court ofJustice'
sources as they aPPear in articie 38 of the Statute of the International
of in this provisjon, it
Although,rr. *igtt disagree with the classif,cation sources
, serves i', n or"frlitartingloint. According to article 38(1) of the Starute, the sources
' afe:.
8
Ean Cottt HR, Goldcr Ftbnary 1!75, Sciu A, No, l8,para,- 34 at p. 17. The Court stated that one "reason
cau, Jndgncnt of 2l
collective enforcement of certain of the fughts stated in the
why the signatory Gor"r*"nii a"-.ia"aio 'tak. tlre fust steps for,the
was thcir profound belief in the rule of law"; it therefore scemed "both natural and in conformity with the
Universal Declamtion,
proclaimed consideration when'interpreting the terms ofl' article 6(l) of the
pri.,.ipf" of good faith ,., to b"", in mind this widely
Referring
L*oi""o Cinu"ntion ,,according to their context and in the light of the obiect and.purpose of the Convencion"' *rat "in civil
oflaw in the Statrte of the Council ofEurope, the Court conclud_ed
rnoreover to rhe references to tl.,frul" contained
of having access to the courts"' Thq,C-oon"il,
m.tte., o,'c.cafl scarcely conceive of the rule o[ law witholt there being a possibi.lity
of Europe had 43 Member States as ol22 Aprtl2002
H*nan Nght in tlx Atlninilration ofJutice: A Manaal on Hanan frights for Jttdgu, Pm*cttton and Lartlen
x cbaptcr t .Intentational Htman N$tt J-o,u atld tbc Roll o/he l4al pmfadou;
..,.'.::|
A Gia*t liltuds*ot, .,
x + "internadonal convention!";
. .,,.,. :.;1, . ,,, r .: . .,rj?.ir
d" "international custom, as evi{gg.cg gf a general practice accepted as law,,;
: .;. "general principles of law
rq.gognized.bt', qhe comrnunity of nation5;r
";$ "judicial decisions and the teachings of the most highly quatified
publicists ... as
subsidiary means for the determination of.rules of law-.
: ; :r, 1.: .
I
;
:' I
: ',ri;,:'::.;.1
t,,..j
. 1',
t
,,
,t,
:.. ::- : i': :l-1,;i;1.: l:
:
2.4. 1 lnterna,tional treaties
: In the human rights field, the most important todi for judges, prosecutors
and
lawyers to consult, uprrt
fro* existing domestic law, is ,,o ao,rUitnJ ;;;;ilUdr;
I
defeat the object and Purpose" of the treaty, at least until the moment
it has ,.made its
intention clear not to become a paity,, theieto.li . r ,i ,
14lbid., article
26.
;
'
Human rights treades are law-making treaties
'of
an obiective naflre in that
; they create general norms that are the same for all States parties.'These norms have to
be applied by a State pafty irrespective of the state of implementation by odret States
parties. The traditional principle qf rctprlci! loes not,.in otherwords, apply to human
rights ueatjes.ls
, The fact that human rights treacies have been concluded for the purpose of
i,ensuring effective protecdon of the rights of the individual takes,on particular
importance in the course of the interpretative process. In explaining tire meaning of the
provisions of a human rights ueaty, it is therefore essential for judges to adopt a
teleological and bolistic interpretatizte dPprodcb by searching for an interpreradon
that respects the rights and interests of the individual and is also logical in the context of
the treaty as a whole.
Examples of law-making treaties in the human rights {ield are the rwo
International Covenants on Civil and Political and on Economic, Social and Culrurai
Rights, which will be considered in further detail below. Suf{ice it to mention in this
regard that the Committees created under the terms of each treary to monitor: its
impiementation have by now adopted many views and comments which provide
valuable interpretative guidance to both national and internatjonal lawyers.
et
'i' a "belicf that this pracdce is rendered obligatory by thc existence of a mle ot law 9
': ,,:,
:'-.s
]]:rd
.rlrirr$
i"j:,jid
ln
e;il;r;:: he op;iroidtin the creadon
rts reasoning, which retated of custom.
rh.'rr. of force, the court herd, in pard.cu_rar:
I "1 g6,
to
It is not to be expected that in the practice
of states the application of
' the rules in questica rl,o,la
hr',r. b..., perfect, in the sense
that states
rl.;il;;;;;';;ff
should have refrained, wjth
*
il fi }rl"ffi y,?iJ?.?: :111?], :^', ": :, :
o *, : t h e o n u e, ti o n o n G e r o cide, the
-c
:;:x';:"ffi*l:li:l;:-*"lr:.:;:;:,:,w:;:;:L::::K::::';:r::#:
]#;1,:::,;'i,Tiil1^,-::.:tll{:;ffi
obligation"'20 Fuirhetmor., ;.;'.:";[ffi 'il;i:,,l'.fi 'jj;
17ibid.,
r, rout*.? iJ"* ,n. pr.^*br.
I
to il #]Jff1;li
loc. cir.
l8tbid., p.
43., para. 74.
,,1|^,lii:{r,:;dPamnilitat1Attiuitiuitanda8ainstNiu*,@1,Meitl,Judgnenl,lCJRQotrt9s6,
2O'Rtsertatiou
to rhe Conaettion on Genocide,
AdyisotJOrrr,,"Mj
il
was of "universal chatacter" both with regard to "d1e condemnation of genocide and ...
the co-operation required 'in order to liberate mankind from such an ociious
scourge"'.2[ Finally, the Court noted that the Convention had been approved by a
resolution which was unanimously adopted by the States.22 It is thus beyond doubt that
il
in 1951 rhe crine ofgenocidewas already part of customary international law, applicabie to
all States. .il
Later, in rhe Barcelona Traction case, the International Court of Jrisrice
significantly made "an essential distinction" between "the obligations of a State
towards the international community as a whole, and those arising vis-i,-vis another
State in the {ield of diplomatic protection".23 It added that by "their very natur-e the
t
former are the concern of all States", and, in "view of the importance of the rights
involved, all States can be held to have a legal interest in their protection; they are
obligations erga onuel'.za In the view of.the Court, such "obligations derive, for
example, in contemporary international law, from the outiawing of acts of aggression,
and of genocide, as also from the pdncipies and ruies concern-ing the basic rights of the
human person, including protection from slavery and racial discrimination".zs It added
that whjlst some "of the corresponding r.ights of protdction have entered into the body
of general international law ... ; others are conferred by international instruments of a
universal or quasi-universal character".26 .
.
Finaily, and as already noted above, inits dictmtin the hostages in Tehran case,
the Court stated drat
't General Assembly resolutions: It may not be an easy rask to idenrify internarional
custom, but resolutions adopted by the United Nadons General Assembly can in
cettain circumstances be regarded as having legal value, aibeit not legally binding per
se. This is, for instance, the case with the Universal Declaration of Human l{rghts.
Thus, although not. a source of law in thi strict sense, they can provide etidence of
customary la$/. Howevet, this will to alarge extent depend on their contents, such as
Trution, I)gltt atd Pouer Conpatl, Lilikd, !ilgnent, ICJ Rzport: 1970, p. 32, para. 33.
Rcpo,'ts I980,
27
ICJ p. 42, pzlra. 91.
t0 Hunan Nglttt in the Adniti$rafion ofJwtiu: A Nlantal m Htnan Ngltt forJttlgx, Pmncutot and Lt*1ers
I Cbapter I ' lntenational Htman Ngbtt Lzw ad tbc Rolc of tbe Legal Pmfessionc A Genral Ifivdaction
I tbe degru ofprecision oJthe nonm and urdertakingt defned tbereir,and tbe mearsforeseenfortbe
I connol of tbeir apptlication; it will also depend on tbe namber of coantriet bauing uoted infauoar
tbereof, and tbe circamstanns of their adoption.2s A particulady relevant question in this
resPect would be vbetber tbe resolqtion concerned has been adoptgd in isolation or phether it
I *
forzu part of a rciu oJ reulatiott ofl the same subjut witb a consistett aad uniuercal content.
Peremptory norms (jus cogens): It should finally be noted that some legal norms,
such as the prohibition of siavery, may be considered to be so fundamental that they
t the same article, such a norm is described as "a norm from which no derogation is
permitted and which can be modified only by a subsequent norm of general
internationai law having the samc character". Flowever, whenever the notion of
I Peremptory norm is being discussed, disputes arise as to its exact coritents, and.
consequendy it wiil not be further deait with in tiris Manual.
I Justice
This third source of law cited by the Statute of the Inrernadonal Court of
helps ensure that, in cases where internariooa.l trearies and customary law might
provide an insufficient basis for the Court to take a decisiorr. it will be able to draw on
other resources.
T , A general principle of law, as a source of international human rights law, is a
iegal proposition so fundamental that it can be found in all major legal systems
I throughout the world. If there is evioence that, in their dornestic law, Srates adhere to a
particular legal principle which provides for a human right or which is essential to the
ptotection thereof, then this illustrates the existence of a /ega/$ bindingpnncipla under
I international human rights law. Judges and lawyers can thus look to other Iegal systerns
to determine whether a patticular human rights principle is so ofren accepted that it can
be considered to have become a general pdnciple of internarional law. Domestic law
I sTTr: mendons "judicial decisions and che teachings of the most highly qualified
publicists". As previously mentioned, in the human rights fieid, judicial decisio.r, ,..
particulady important for a full ,understanding of the law, and the wealth of
international case-law that nov/ exists in this field must be regarded as authoritative
: evidence of the state of the law. However, neither the International Court ofJustice
nor
T 28Fut
'o*"
of these elements, see e.g. Les ruolttiont darc laJamatiort da droit inhntationat du diteloppnnr, Colloque des 20 etZl
novernbre 1970, L'Insticut universitaire de hautes tudes internationales, Genive, 1971
(intervention by Professor Vira.lly).
@cudes.,,orrr*, No. 1i), pp.9,30-31
29lan Brownlie, Pinciplu
o/Pillit Inrenatiorul Lzw (Oxford, Clarendon Press, 1979), 3rd edn., 1979, p. lg.
T
I Hwan Nghtt in lhe Adnini:tratian ofJ*tia: A Mannal on Hrman Ngb*forJttlgu, Proyeilar: antl l-at1en fi
Cbd?ter 1 . htematianal Human Nghtt l-aw and rhe Rok of tbc Lzgal Pnfcstionr: A Gmeral lntroduction
the international monitoring organs i., the human rights field are obliged to follow
previous iudicial decisions.so Although this is usually done, it is particulady important
for the monitoring organs in the human rights field to retain the flexibility required to
adjust eadier decisions to ever-changing social needs, which, at the intemational level,
cannot easily be met through legislation.3l Suffice it to add in this context thac the
reference to "judicial dectsions"'can also mean iudicial decisions taken by domestic
courts, and that the higher the court, the,greater weight the decision will have.
However, when international,monitoring organs interpret human rights law, they are
Iikely to do so independently of domestic laws.
Whilst both human rights law and international huraanitarian law are aimed at
protecting theindividual, international human rights law provides non-discriminatory
tredtfitent to eoerybody at all times, wbether in peacetime or in times of war or
otber wpbed.vdl. International humanitarian law, on the iither hand, is aimed at
ensuring a minimum of protection to victims of armed conflicts, such as the sick,
iniured, shipwrecked and prisoners of war, by outlawing excessiae bunan suffering
and material destructioft in tbe li.gbt of military necessifT.:z 6,*o,rgh the 1949
Geneva Conventions and the two Protocols Additional thereto adopted in 1977
guarantee certain fundamental rights to the individual in the specifically deilned
siruadons of international and internal armed conflicts, neither thepels ondl,teffipordl
nor mdteridl fields of applicabiliry of internationai humanimrian law are as wicie as
-
12 Hunat Ngbtt ia the Adnitistration ofJnstice: A l[anwl on Hnzan Ngbtfortdgu, Proneuton aru! Lttlen
r Chapht 1 ' ktenational Htnatt Nghts Lau ad the Rtlc oJtbc Lagal Pmfisiont: A General latmdtaion
:T
r
those afforded by international hurnan rights law.3: In that sense, humanitarian law is
also less egalitadan in nature, although , t}1e p{nciple ,of nondiscrimination is
guaranteed with regard to the enjoyn:ent of the rights afforded by this law.:+
r r;,: 'ri'
r i,.:t':;
r 2.6
,a'
vkeseruations
and interpretative declarations to
international human rights trea.ries
:r In assessing the exact extent of a giyen.state;s
rtghts tre?ty, it is necessary to ascertain wheth'er the State hasLade a
lelal oh,ligations ur.der a hul ran
I
retentation, ot,
possibly, an ifi@retatite declamticri at the time of ratificarion or irccessior..
The majoi
human-rights treaties dealt with in this Manryi allow for reservz.[ioRs
to be made,
t
although they have somewhat different ways
9f regulating the rubject. ln J..ffi
whether a Stare party has actually made a t*. r"r"*rtion, rather
rhrn a merf
declaration as to its own understanding of the interpretation of
a provlrio., or-"
statement of policy, the Human Rights r committee set up to monitor
r
the
implementation of the International Covenant on Civil and Political
itights t u, ,,rt.i,
in its General Comment No. 24, that it will have regard "to the intefiian
of the State,
rather than the form of the instrumer$".3s whilst this covenant contains
no specific
regulating the question of reservations, the Human Rights Committee
1od: t r, ,r""a
T that the "absence of a prohibition on reservations does ,ro,
-Lr., thai
petmitted", but that the matter "is governed by international 1aw,,.36
any ,.r.*r,iorrl,
liasing irself on
r
.,33J' L-au in th carknpomry lyorld,sanremo, Italy, International
of Humanitarian Law (Collection of publications I0), 1991, p. 2g. Institute
34s"" e'g' article
3 common co the Four G"n.r" corrr"ntions of 12 August 1949;
^ article 75 of protocoi Additional ro the
Geneva cooventions of 12 August 1949, and relating
to the Protcction of victims of Intemadonal Armed contlicts (protocol
I);
r
andarticle2(1)ofProtocolAdditionaltotheGenevi'conventionsof
l2August rg4g,ndrelatingtotheprotectionofvictims
of Non-Inrernationa.l Armed Conflicts (ptotocol II),
35Sec General
comrnent No. 24, in UN doc. HRI/GEN/I/R ev.S, Co@ihtion oJGneral conaeztt and Gcncral Rtconnroao*r,
AdoptedlgHmanRfullttTrcagBodiu(rueinafterreferredroas
utuN"*iconliiianoJGncralconnattj,g.isqBr*.+
w$nsu,tfU*"
r+ Hanan Nghts it the Adatinitration of Jwtia: A Llatural on Hunan NltfiJorJrdgu, Pn*adors antl Latlen
x cbaptcr 1 'InhnationalHrnaa Ngbtr
t
l-rl,:rd tb: &ole of the r4at pmfesiotts:A Gnerallntmfuaion
tr
ffi
x
t 2.7
r Limitations on the exercise of rights
The exercise - albeit not the substance per se of cerrfln rights,
-
right to freedom of expression, the right to freedtm of associatior,
such as the
.id ,rr.*bly, the
x right to freedom of movement and the right to respect for one's private
and correspondence, is generally accompaaied ty
"ertain
imposed, for instance, in order to prrt..tihe righti aed,
and famiiy life
lirnitations that can be
rrh;;;;;;r;
I
freedom,
tttlli'y: and public health 9r morals.a2 These, limitations are the "f
result r:f carefully
weighed interests. \lrhat they show is the balance suuck between,
on the one hand,
indi',Ji.duals'interest in maximizing the enjoyment of the right
that belongs ,o ,r-r"-,
r
r
I
r
r
r 42st"
12(2)
tg' articles 12(3), 13, 18(3),
of the African charter on Hum-
1g{3),u,nQ)of the Inret.;rrional.Covenant
n.opt"rirugiur *,i.r.' r rir,;;bffidj: ii
on Civil and political Rights; artic.les 11 and
r ruilan Nghts i: thc Adniritration ofJuria: A Manaal ot Hman Nghtsfor jrdget, prunurors
and Latgen t5
Cbapter I . litfln$iaral Hsman Ngbt l-aw antl tbe Role of the L,egal ProJedont: A Gmeral lntrodaction
Since the derogation articles provide for extraordinary Limitations ofl the
exercise of human rights, iudges, both national and international, have to be conscious
of their obligadon to inteqpret these articles by construing them suictly so that
individuais' rights are not sapped of their substance. By at aJJ times maximizing the
enioyment of human rights, States are more likely than not to overcome their crisis
situations in a posirive, constructive and sustainable manner.
a1^
"See undated deusron; z4CHP& Casu of Antmj Intematiottal, Conili Looili Bachelard, I-aultut Cotimittee Jor Hunan llights,
Assaciation o/Mcnbers oJtbc Epbcopal ConJirena o.f EutA.fita u. Sudan,No.48/90,50/91,52/91 and 89/9),para.19 the text usd j:
that found at the fol.lowing web site: hto://w1.umn.edu/humanrts/africalcomcases/48-90 50-91 52-91 89-93.litml.
to Hanan Right: in tbe Atlaitiilratiot oJlulie: A illanul u Huran Ngbt;forJrdgu, Prowulors and l;ujer;
cbaPtcr 1 'kterrrdtional Elnndr,
\eb*
Izy lnd
tbc
!9!e
of tba l-cgal profc.$1ns; a Genral lnrmdttctiotr
Cbaphr I ' Inhnational Httnan Nglttt l-.ap and the Role of the L^egal Pnferiont: A General Introduction
The States parties to the European Convention will thus have to provide
"practical and effective protection" in their domestic law "where fundamental values
and essential aspects of private life are. at stake", spch as, .for instance, in order to
protect'persons against sbxual 2buse,48 or in cases of corporal punishment by family
members that constitutes a violation of article 3 of the Convention.ae
\X/ith regard to the duty to secure for everyone within its jurisdiction the right
to life, the European Court has held that it "involves a pdmary duty'i to put "ifl place
effective criminal-law provisions to deter the commiision of offences againsi the
Person backed up by law-enforcetnent maShinery for the prevenr.ion, supprJssion and
punishment of such provisions", and, further, that this duty
These rulings are significanr in that they exrend the scope of States'
international legal obligations beyond the strict public sphere inio the field of private
l-ife, thereby allowing for a more adequate and effective protection against vario,rs
forms of human rights violations, such as,physical and mental abuse of children,
women and the mentally handicapped.
' '"t'**x
A will however only incur international responsibiJiry for ahuman rights
State
violation if it has failed to provide the alleged victim with un and effective
remedy through the workings of its own iourts'or adminisrrarive' "d.q.r^t.
aurhorities. The
requirement at the internadonai level that all, ef,ectiuedomesdc remedies must have 'ceen
exhausted before an aileged victim's complaints can be considered by an internauonal
monitoring body of a iudiciai or quasi-judicial character has been introduced precisely
in order to allow the State itseif to remedy
$e wrongs committed. This also means that
the establishtnent of the various internari6nal machineries for the protection of the
human Person is in fact "subsidiary" to the avai.lable domesric ryrt.-i for safeguarding
the individual, since they "become involved only through contentious proceed.ings anJ
once all domestic remedies have been exhausted,,.5l
47
Em cosrt HR, can ojX. and Y. v. tbe Netherlandt, Jttdgnerl o! 26 seprenber 19g5, seier A, No. 9l , p.11, para. 23.
aBlbid., p. 14, para.30 and
p. 13,para.27.
on
Cgrttt HIt, Cax of A. s. the Ubihd Kiflgdvrl,, ludgnnnt 2t Srptcnber I 9gB, Reofti l29s-W,concerning the responsi6i.liry
- l1r,
of the United Kingdo4.,!95.144ing of child by stepfa*ret.
oJ
5oEur. Cofft
85. The text used is that found on the CourCs
web site:
Slst"t"me.,t with regard to the European
Convention on Human fughts, Eur Corct HR, Catc oJl-landltidc,Jdgnnnt o!l
-
Dcccntber 1976, Suict A, Vol 24, p.22, para. 48.
/8 Hunar Nghts in the Adninittration ofJwtice: A Manual on Hunon NghtsJorJatleer, Proreciltvn dnd Latrye6
r t-.
r
States' responsibility t9 ptgvidg protection and redress for,victims of abuses
of powet vr[ be .dealt with in some detail in phppter 15 of this Manual.
r
t
I
H
T
Business Corporations and
:
I
be held l"grlly resporrsilrle for not complying with rules of internadonal human
rights
law in the exercise of their various tctivities. \)Thilsc it is ciear from the pr"."iirg
sub-secdon that States themselves may have a duty ro ensure that their domestic law
also offers adequate teme.lies against serious human rights violations that may
be
committed by private individuals, this reasoning would appear to be equally applicable
T to the activities of business corporaLions. However, this is not, of course, ,lr. ,u*.
t-'yi"g that these corporations arc themselau incurring intemational legal iesponsibiliry",
is
I still very much in its infancy, and the arguments pu! forward at this stage belong
prinrarily to the field of bxferenda.
"re,
Since the aim of this Manual is to explain the legal duties of States rhemselves
under internarional law, no further considerarion will be"devo,.d ;;;;;;;ilil;;;
T responsibijities of business corporarions to protect human rights. However, jodgir,
prosecutors and lawyers may well be confronted with these problems
i
in the exercise of
their professional duties at the tiomestic level. In addirion to any duties
business
corporations may have to protict individual rights and the environment under
domestic law, ir might therefore be uqpflrr for members of the legal professior6
i aware of the fact that discussions are taking place at rhe international level
to b.
and that
Hunzn Rig!* k
T tbe Adninishatioa ofJutin: A Maalal on Llman i\igb*JarJttlgu, pmncutorl and latlers t9
Cbqxr t . Iahnational Htaun Ngha t-au a*t tbc Rolc of thc Legal PnJcsrkw: I Gcneml Inrmdaction
there is, as a minimum, an ethicil duty under i{riernational law for co-r.porations to r.rn
their businesses in such a manner io ,"rp"., basic human righis.sz
",
s2Srggot"d reading on the question of business corporations and human ;ghsi Mic#d Addo, Haman Ngbts Srandards and tbe
fuEonibilig oJTranuational Corporationt $1te Hagug Kluver lav International, 1999); and Alan Dignam and David A.llen,
CoapanllawandthcHmaaWghttAdl99S(London,Butterworth,2000). .,: : ;. .:
53See Ian Brownlie,Principb ojPrbliclnknutionall-ap (Oxford, Clarendon Press,3d edn., 1979), p. 34.
20 Htnan Ngbtt itt thc Adaittittration ofJttstice: A Maruat on Hsnan Ngt)* lor Jildga, Protecrtors and Larlen
r" Aapur I . ktoriatioilal Ht!?,an ni!6y .yw aA *c fuh
i
of tk'I(gal-Pnfessions:
.'
A Qoneqal Intndttction
.} Secondly, according to the &talist {gory 5nunicipal l1w- and international laru are
different iegal systems. Municipal fuw is suPreme, anf for municipal iudges to be
competent to apply internatio:ral ueaty rule.s, for in,stance, thesghave tobe specifcalll
law. It foliolvs that hqman rights ueaty ratified by
,. . adopted or trantpowdinto domeitic I
the State concerned caflnot in principle be invokeci by local juflges unless the treaty
is incoqporated into municipal law, a process which nolmally requires an Act of
Parliament.
* Other ndtiondl legislation: Many States a.lopt specific l,-'gislation either to clarify
or elaborate on their constitutional provisions, or in otder to adapt therr domestic
lavrs to their intemational legal obligations.,When tlansfotmiog international law
into municipal law, the same legal tefms are often used,.thus allowing the iegal
professions to draw inspitation from inter:national jurisprudence or the
jurisprude4ce of other States;
$ Incorporation: It is also common for Stales to incpqpotate ipternational human
rights tteaties into their.domestic lllw. by enagting a national l4w. Thip is for instance
,.the case with the European Conventicn onlluman Rights in the United Kingdom,
where that Convention was incoqporated in,to British law by virtue of rhe Human
Nghts Act 1998,whtch entered into force on 2 October 2000;
T 54r\s co monism and dualism Fliggins sutcs that of"course, whichever view you uke, thcre is still the problem ofwhich
system prevails.when there is a clash between the two"; and that "in the real world thc answet oftcn depends upon,the tribunal
answering it (vhether it is a tribunal of international or dornestic lav) and upon.thq question asked"; in her viev different "coults
do address that problem differently", see Rosalyn Higgins) Pmbbns ad Pmcea: Intcnatiud Lan' and Hop lVc Urc b (Axfod,
* 'Wben
tbere is a legal n;dcuam: In some counrries there may be an absence of
' national legislation with regard, inter alia, to human ughts; but,'depending on rhe
circumstances, judges and lawyersmay be able to rely on international human rights
law as well as relevant international case-law - or domestic case-law from other
' countries in order to apply
- some basic legal principles for the protecrion of the
humanperson. i i:
Numerous efforts have been made in recent years - both through the
: technical assistance programmes of the t{nited Nadons, and through various training
Programmes provided by regional'organizations such ai the Organization of American
States, the Council of Europe and the Orgarizaion for Security and Cooperarion in
F.urope - to help States adjust their laws to their international legal otiligations, and also
to uain the legal professions so as to enable them to make human rights a living reality
within their specific jurisdictions. Numerous independent human rights institutes and
non-govelnmental organizations $llGOs) also have extensive trainingprogrammes for
Thecomplaintoriginatedinnegotiationsbetweenanagentactingonbehaifof
the Government and the pianist, regarding the latter's participation in a concert ro be :;
held in connecdon with the presentation to the public of the framework programrne for
the World Athletics ChampionshiprThe negodations were broken off when ir becrme
known that the pianist concerned was a member of the Church of Scientolo gy.In z
written reply to a question put by the Parlament of Baden-V'rirttemberg, the Ministry
of culrure and spott, acring in concertation with the Ministry of the Family, women,
Education and Art, expiained that the promgtion by theState of cultural events musr be
questioned when the Persons performing are active and self-avowed members,of the
Chulch of Scientology.gr other similar groups; for this reason they hadr,declined to,
engage the pianist as originally envisaged. The pianist argued that his right io freedom' '
a
22 ITmtan Ngbts in tfu Adninitration ofJwlie: A Mantta! on Hunan NgltfirJadgu, Pmaailors and l-tw1en
r Cbqtet I ' lnteraatiottal Hnaan Ngltts Law ad thc Bfu of tbe Legal PmJesioat: A Gancml Infiodlctiol
:
ot- teligion had been violated by the written reply from the Ministries.
r
However, tJre
Administrative Coutt of Appeal concluded that the protection afforded by article
9 of
the European Convention and'article 18 of the International Covenant hod not
been
infringed. As to the alleged violation of article 26 of the Internadonal Covenant,
r
the
Court likewise found that it had not been violated, since the ministerial reply did not
result in discriminatoy Eealment of the pianist on the basis of his b*.r,
oi*tigio*
co-nvictions, the reply being limited to the announcement of a specific procedureio
be
r followed in the future with regard to the allocation of grants made available
'organization of for
events by third persons/agents. For this rerson, and considering thai
the plaintiff in this case was not himseif a recipient of any grant, it v/as not necessary
the
to
r clarify whethet he ccjuld base himself inter alia on the prof,.tion afforded by
of the International Covenant, were an application ro, gr^-nt to b. ..;..t.d on the
an:cle2e
^
r New Zealancl;The 7
human dghts cases in New
of the most famous
unreasonable search of
the plaintiffs home which, it was claimed, violated ttre Ne* Zealand,Bill of
Rights Act
I 1990' In its decision, the Court of Appeal emphasized that the purposes of the
Rights were to
Bill of
r
. it was implicit that effective remedies should be available to any persofl
whose Biil of fughts guarantees were aleged to hav5 been .,iolrt.di.su
remedies for human rights violations", and reference was in this respect,
paop"r,
.onrirt*t
with a rights-centred approach to the Bill of Rights and international jurisprudence on
inter alia,
made to the judsprudence on remedies of both the Human Rights Committee
and the
: Inter-American Court of Human Rights.sa
I murder - acts committed whiist he was still in power. The obligations to which
convention against Torrure and other cruel, Inhum* o, b"grrding
Punishment gave rise, were incorporated into United I{iagdomlaw
Treatment or
b/secticn 134 of
the criminalJustice Act 1988, which entered into force on 29 septembEr
the 19g4
19gg. The
;
t
s7Ibid., at 43,
58lbid., loc. cit.
n
Hmat Nglts itt tbe Adninistration ofJttrice: A Manual or Hrman NgbttflTJudga, prourutorc and Larycn
23
Chapter 1 , Intenational Haman Nghtr Lan, and tbe Roh of the L,egal Pro/esiont,2 Gmcral Introdtctiut ,.d
j
This decision allowed the United I{ngdom Home Secretary to go ahead with
tire proceedings relating to the relevant parts of the Spanish request for Senator
Pinochet's extradition. Flowevcr, on 2 March 2000, after medical experts had
concluded that the former Head of State of Chile was unfit to stand trial, the Home
Secretary decided .frrt n" would not be extratited to Spain buc was free to lcave Bricain.
In spite.of its final outcome, this case is a landmark in the,international law of hurnan
rights in that it confirmed the erosion of the notion of State irrrmunity for international
crimes as a result of the entry into force of the Convention against Torrure.
'Soat/.t
A"fica: The example of South Africa is significant in that, after the
collapse of the apartheid regime, it drafted a constitution whichwas heavily influenced
by international human rights standards and which contains, in its Chapter 2, a detailed
BilI of Rights, which includes a wide range of rights, such as the right to equalitv, the
right to freedom and securiry of the person, the freedorr^s of expression, assembi), and
association, po,litical rights, environrnental rights, the right to ProPerry, the right of
access to adequate housing, the right to health care services, sufficient food and v'ater,
social securiry, the rights of the child, the right to basic education, the right of access to
coufts and the rights ofarrested, detained and accused Petsons.
ao_
5vSee delirudon of quesdon by Lord Brou'n Wilkinson, Houe aJ Lnrd4 Jrdgnutl ol 24 Marcb 1 999 -
Rqina u. Bartle and tbc
Coatni.riowr oJPoliccJor the Metropolk attd Otbcrs E>: Partc Pimchet; R4itta v. Etau and Arothr and the Connirioncr oJPotafor thc
Merropolis and OtbenEx Parte Pinochx (an Appal fnn a Diritionol Coni of the Qrwn\ Benclt Ditision); th.is Judgment is found on the
following web site: http://wv'wpub.lications.Parliament.uk.
z+ Hatnan Ngltts h tbe Adainittration ofJutice: A Maanal oa Hrnan Nghrslor J*tgO Pmncators and Lztgert
r :.
Cbaphr I . Irtcmatiottal Htman.Ngbtt Law ad the fub of the Lzgal PnJmiottt: A Gcileral lfltrad$ctiol
x
r The Role of the Legal Professions
in the Implementation of Human
x Righu
As a consequence of legal developrnents over the last few decades, human
x rights have ceased to be a "fringe activity", instead becoming o'an area of la,w which is
fundamental to everyone and which permeates all legal activity, econornic and social, in
public .law and in.private".60 In a-particularly interesting recent development, the
x "pervasive importance of human rights law" to corporations and business lawyers has
also been recognized.6l Yet, whilst the influence of international human rights law on
many dimensions of domestic law is thus steadily gaining ground, its true potential still
remains to be explored.62
* It is the professional role and duty of judges, prosecutors and lawyers
throughout the wodd to explore this potentiai, and at all times to use thek respective
f, comPetences to ensure rhat a just rwle of lAat prevails, including respect for the rights
of the individual. 1il7hilst this entire Manual focuses on providing knov,ledge and
guidance to the legai ptofessions in their daily work, Chapter 4 will focus on the specific
rules and principles conditioning the work of judges, prosecutols and lawyers. These
; rules and principles have to be consistendy and meticulously applied, since judges,
prosecutors and lawyers perhaps have the single most imporrant role to play in applying
national and international human rights law. Thbir work.constitutes the chief pillar of
ffi the effective legal protection of human rights, without wnicf, the noble principles
j aimed at protecting the individual against tire abuse of power ar-e likely to be sapped of
much ot evcn all of their siglificance.
x Concluding Remarks
The present chapter has provided a synopsis of the modern development of
: the international protection of the human person, which originated in a devastated
I world's yearning for pedceful, secure and just domestic and intemational legal orders.
Futther, it has expiained some of the basic legal notions relevant to intemational human
rights law and offered a description, however general, of the role to be played by the
legal professions within their respective fields of competence in ordir to be able
T effectively to use the legal tools available to protect the human person against abuses of
Power. We shall now tutn to a succinct examinatiqn of the terms and funcrioning of the
major existing universal and regional human rights conventions.
x
60See ed.itodal of Lord Goldsmith QC and Nicholas R. Cowdery QC, "The Role of the Lawyer in Fluman Rights,,, in
- Hflf
Ncws (Ilewrhtter of thc IBA Hwan Nghts lrcfitln),vol. 4, No. 2,1999,p.1.
61Ibid.,lo.. cit See also Nicholas R. Cowdery QC, "Fluman Righrs in Commetciai Pracdce
- an IBA Perspecrivc,,, ibiC., pp.
16-18, and Stephen Bottornley, "Corporarions and Human Rights,'jbid., pp.lg-22,
x 62Sce reference
to speech of Justice Iftby, ibid., p. 10.
x Hman Ngbtt in tltc Adniniilration ofJuttice: A Manaal on Hanan NgbtforJrulgu, Protuators ard Lotgen 25
Chopter t Basic Outline of lnternational Human Rights Law
I
I
t
t
I
I 31
Humon Rights and Refugee Protection, Self-study Module 5,Volume t
refoulernent, which derives from international refugee and human rights '
Iaw.
3.1.1Historicalantecedents,,...,.:^
The origins of human righ.ts may be found both in Greek philbsophy
and the various world religions. larer, several charters rhat codified
human righm and freedoms, particularly Magna Carta Liberutum
the
(121il and the Englisfr. B// of Nghts (1689), made significanr sreps
toward establishing a singular body of norms. Vhile these documents
specified rights, they did not contain an all-embracing philosophical
concept of individual liberry. Freedoms were often seen as righrs
conferred upon individuals or groups by vircue of their rank or s,.arus.
32
T
cha(9: Basic Outline of tnternoilonal
? Humon RighgsLaw
The
leaV thar _qitpblish:d, m_. League of Nations in t92a _ rhe
organization rhat preceded the unitei N"tiorr,
provisions dealing -th hu*"r'r.ightrli
- .o.r,"irr.i ,r-o g.n.r"t
Nations, adopted after trre .rp.ii.,
*", rhe Charter of rhe united
of the second \Morld -!'ar, that
took the decisive srep toward i?rternationar
' (For adetailed or"".i* ;;n-,J" righm.
on the Uri"j N"rions, iee Chapter
".rrlyri. 5).
The Preamble of th1 Charter
of the Ur,ir.a *"rrr"rlfirOr, ,*r*,
"faith in fundamentar hum.an
rights, in the digniry and worrh
human person, in rhe equal ,igh; of rhe
and women, and of nations
large and small". It arso
rp.rto"or,h.";;:n
J.,.r-ir"tion ,.to promore social
ProBress and bemer smndards of life in larger-freedom.,,^
Arricle 1(3) of rhe charrer, one According ro
of rhe f,rfor., of the uN is ro promote
-,and encourage ,,respecr
fo, hu-"n
for all wirhouq distinction as ro,race,
,i;il'i;; ;; il",J:"irf..o"_.
,?;l;"g*ge, or religion,,,
tuticles 13(1Xb), 55(c),.G2(t),68,
and Z6(c) of the Ci,rrL, also
contain
references to human
i,r*h:r,
conjuncrion' united Nations
A:g:rdi; ;.-;;.il^ilfi ;";'r.ra i'
Me*b"i sr"t., have a legar obligation ,,ro
tlke joint and separare acrion ,"."-p.*u"n
t,e achievement of .,. lvith rhe organization for
,.rp.., for, and observance o{ human
rights and fundamental.unjyersal
freedoms for r, *ithout distinction
sex,Iangu3ge,o.,.1igio.'.,..,.-.-.'' as ro race,
33
'i
Human Rights and Refugee Protection, Self-study Module 5,Volume I
34
ChoCtSr 3 Basl Outline of lnternattonat Hunon
l!1ilts Law
I
I 3.3 Restrictlons or limitations on human rights u-/-
t,ghts 'insrruments
I various internadonal humrrr: contain explicit
-provisions allowing for restrictions or limitarions on the exercise of
certain rights, such as rhe right to freedom of expression, rhe right to
I assembln the right to freedom of movemenr, and the right ro ..rp."r fo,
one's private and family life. These limitations can be imposed, for
instance, in order ro prorecr rhe righrs and freedoms of orhers, for
' Imposed for one or more specific hgitimate parposes, i.e. objectives
T which are consisrent with the letter and spirit of the inrernational
human rights framework and should be jusdfied by the protecdon of
a strictly limited set of well-defined public interests, which usually
T includes on or more of the following grounds: national securiry,
x
35
T
Humon Rights and Refugee'Protection, Self-study Module 5, Volume I
36,
x Chapter j Eosic Outline of lnternatianal Human Rights Law
; "ltn.
lrng of public emergency
which lhreatens the life of the
,nation and the existenee of
which is officially proclairned'
r
:
T
;
T
T
I an)z
.
T There must be a war or genual state of public tmergency v,,hich
threatens'theilife of th,,ition" (See'futicle 4[1]l of the ICCp&
. An. z7lLl of theAcll of rhe ECHR).
,rld,anflg']5
; . The state of emergengy mus! b9 fficially ;rrockimed. For example,
Anfcle 4(3) of the ICCPR requires.that any,state availing itself of
the right of derogation.musr iimmediarcly inform the other Srates
; Parties to the prqfnt C@enant, through rh-e intermediary of the
Secremry-General,of the Unitid Narions, of the provisions irom
'reason$
T which it has derogater.l'and'of the by whichit was actuated.
A fi-rrrher communjcation shall be made, rhrough the sarne
intermediary, on the drre on whi.ch ir terminaies such ierogatio";
T
I 37
Human Rights and Refugee Protection, Self-study Module 5,Volume I
38
ffi Chaptet 3 Basic Autfine of lnternotional Human Rights Law
x
n
:
x a:ii:l{-1
3.5 Denunclation
r .i
Denunciation is rhe withdr4wal from a yga,ry by a State
Generally, this may take place in accoriance with-a specific provision of
Parry.
t
the reaty. The 1951 Convention Relating to the Status of Refugees, for
example, foresees in its Artide 44 that "[aJny Contracting State nzay
denounce this Conuention g.t ary ti.mq,by a notificarton addressed to the
Secretary-General of the United. Natiozs. "It also clarifies the conseque nces
x
,
t
Anicle 5(2) of the ICCPR sates, "There'shall be no resuiction upon or
derogation from any of the fundamental human rights recognized or
existing in any State Parry to the present Covenant pursuanr ro law,
39
x
Human Rights ond Refugee Protection, Self-study Module 5, Volume I
This level of obligation requires the State, including all its organs and
agents, to take all necessaqy measures to ensure that individuals ur-rder its
jurisdiction are protected from infringements of their rights by third
parties. The obligation'to protect is normally taken to be a central
function of States, which have to prevent irreparable harm froin being
inflicted upon members of sociery. This requires that States: prevent
violations of lights by *ry individual or non-State actor; avoid and
eliminate incentives to violate rights by third par.ties; and provicie access
to legal remedies when violations have o..,rrr.d, in order to prevent
further violations. In pracdce; this level of obligation requires the State
,o trk. measures to'prevent human rights violations, such as, for
example, pgularly monitoring priro.rr] providing education and
training, and assessing dre competence of gcvernment officials wiro serve
in rights-sensitive areas, such as law enforcement or health services.
qU
'!
T Thus, a state may be responsible for nor having taken reasonable action
to prevent private individuals or groups frortr carrying out acrs that
violate human rights or to provide adequate protection against such
: '
r
violations under domestic law. For example, if a girl has undergone
female genital rnutilarion (see Vol. II, Chaprer Zj, a boy has been
recruited inro a guerrilla group (see Vol. II, Chapter 3), or a woman has
sufFered from domestic violence Gee vol. Ii, chapter 2) and the state is
aware or should have been aware of these events. and is unabLe or
T unwilling ro provide prorecrion against such harm, the Srate may be
held responsible for violating its dury ro prorecr these individuals.
T agents, to take all positive rneasures to ensure that individuals unier its
jurisdiction enjoy the righrs recognized in human righm instruments.
I
Although this is the key stare obligarion in reladon to economic, social,
and culrural rights, the. dury to fulfil also arises with respefi to civil and
political rights. Erlforcing the prohibition of torture (which requires, For
r example, police training and prevendve measures), t!.re righr to a fai; rrial
(which requires invesrmenrs in courts and juciges), the right of free and
fair elecdons, or rhe righr to legal assistance, entails considerable cosr.
I ' This level of obligation implies that when an individual cannor secure
his/her econornic, social, and cultural rights -(such as the righc to
adequate food or dre right to adequate housing), through his/her own
efforts, a state Parry to the major human rights treacies, such as the
; ICESCR or the cRC, musr provide material assistance. This would
apply to cases involving, for example, unaccompanied children or
A state will only be held responsible for a human rights violation in the
I y'./
to th9 available nadonal or domestic mechanisms.
a'-
I the State under internationd law, and rhat constitutes a breach of the
Statet international obligations (futicie Z). According ro, rhe
International l,aw commission's 2001 Draft Articles on srate
41
:
Humon Rights and Refugee Protection, Self-study Module 5,Volume I
42
..t'
T
I
Chapter 3 Easic Outlini of lnternotional Humon Rights Law
I from the fact that the "rules concerning the basic rights of the human
person" are erga omnes obligations, and rhere is a uN chaner obligadon
to promore universal respecr for, and observance of, human rights and
r firndamenral freedoms.
I
I
I
I
I
I
I
I
I
I
I
I
T
43
Chapter 4 lmplementation of lnternotional Humon Rights Law at the Nationd Level
45
a
..
Humon Rights and Refugee Protection, Self-study Module 5,Volume t
'
UNHCR, particularly when those rights extend not only to citizens, but ,
to "everybody." under certain conditions, international human rights
norms can be directly applied and referred to in nadonj conrexrs.
Generally, internarional rrearies do not stipulate how states should
implement human rights standards ar the national level, aliowing each
state to decide how irs obligations will be met. There is a great variery of
domestic methods for.implementing iniernarional human rights
instrumenrs. scholars have classified rhese methods into adoption,
incorporation, transformation, passiue transfonnation, and reference. States
may apply more than one of these methods. In very broad terms, rwo
systems can be idendfied: monism and dualism. In some srates, rreary
provisions are automatically incorporated into domestic law once they
have been ratified and published in the official gazerte. France, lvlexico,
and the Netherlands, for exampie, work this way. other states,
including the united Kingdom, other commonwealth counrries, and
Scandinavian counrries, require the express legislative enacrment of
treary provisions before they become domesdc law.
since domestic iegal sysrems difFer considerably in this respect, each staff
member should inform himself/herself about the way the state
46
a
iegal
is crucial is whether or not and how
operators apply human rights norms in
their decisions and day-to-day work.
I If international standards are incorporated into national legislation, it is
'W'hen
easier for domestic courts and legal operators tQ apply them.
international human rights treaties have not been formally incorporated
I into domestic law, national courts can. and should use internadonal
human rights standards as guidance in interpreting national law, and
thereby achieve a human righcs-conform application of t}e domestic
t norms. In other words! national courts and legal oPerators may refer to
international and regional human rights norms when interpreting and
t developing nadonal law, and they may also use international human
rights iaw as the minimurn standard of protection that national law
i should attain. Thus, judges play an important role in refugee protec:ion,
t
47
I
Human Righl: and Refugee Protection, Self-study Module 5,Volume t
I'JtrI[:i;#:l;:ffi*il:':il:ii::r::'-il,::ffi :-;*
can have a positive ,impacl o,n prgtecting individuals from being
returned to countries where they qi1,be at risk of torture.
' political will, on the abiliry to explain how human rights ranslate into
. concrete action (or abstention fromraction) within the functions of the
specific Erget group (judges, police, govemment officials, military,
etG),, and gn th9 transtation of human righ* standards
:ecurity.forces, "conduct
.into adminisuative instructions, .codes of or rules of
engagernent, as well as their enforcement. In an environment of totai
a .:;i
48
r Chopter 5The United Nations System
I
T
t
I
I
I
l
l
53
I
{''5
;
Humon Rights and Refugee Protection, Self-study Modute 5,Volume I
x r '. ''i
Generally, the United Narions (UN) system for the protection of human
,, ,
r . 3,lnrclura a,'ltlo Utdtod t{rtiorrt H0rn n Rh{ll E{Idla. o4* lrocirnBmr ' r
"'
E
j
s
Note that the Commission on Human Righs was replaced by the Human Rights
* Council, and thac its subsldiary organs, including dre SubCommission are presently
under revicw and may be replaced.by other bodies. Further note that the chart does not
yer reflect dre Sub-Commitcee on the Prevention of Torture created by. the Optional
* I Protocol as well as the future ComAitree on Enforced Disappearances.
The ICJ has ruled on several cases relevant to human rights and refugee
protection, including Hay de k Tone (13 June 1951; asylum),
I Nottebohm (6 April 1955; nationaliq,), Barcelona Traction Ligb and
Pou'er company (5 February 1970; human rights as obligations erga
I om,es), and the case on the orders 0n Rquests
for the Indication-of
Prouisional Measures in the case concerning ipplicailon of the
conuention
on the Preuention and Punishment of the crirne of Genocide (Bosnia v.
I serbia and Montenegro) (8 April .'d 13 september 1993; genocide).
The
Court has also addressed human rights issues in its advisory opinions, for
example, on genocide, apartheid, and the immuniry of UN human
I rights special rapporreurs, and elaborat.d on th.'relationship benyeen
internarional humanirarian and international human righrs iaw .in irs
55
Humon Rights and Refugee Protection, Selftstudy Module S,Volume I
The purposes of the ICTY are to: bring to justice persons ailegedly
responsible for serious violations of international humanitarian law;
render justice to the victims; deter further crimes; and conribute to the
restoration of peace by promodng reconciliadon in the former
Yugoslavia. Such purpose! will be achieved by investigating, prosecuting,
and punishing individuals for the following crimes commimed on the
territory of the former Ytgoslavia since 1 99 1 : grave breaches of the 1949
Geneva Conventions; violations of the laws or customs of war; genocide;
and crimes against humanity.
The ICTY has concurrent jurisdiction with national courts ovel serious
violations of international humanirarian law commimed in *re former
Yugoslavia. In cases where it proves to be in the interests of international
justice, the ICTY may claim primacy over national courts and take over
national investigations and proceedings at any stage' The Tribunal has
its seat in The Hague, The Netherlands.
The purpose of the Tribunal is, among other things, to contribure to the
process of national reconciliation in Rwanda and to help maintain Peace
in the region. The judges of the Tribunal are elected by the UNGA and
are generally of di!flerent nationalides. The Tribunal has its seat in
Arusha, United Republic of Tanzania.
,l
56
T
Chapter 5 The United Nations System
I .
which supervises rhe work of rhe ICTY and ICTR.
Unlike the ICTY and ICTR, the ICC is a permanent judicial body,
the jurisdiction of which is not limited b;o x11y ti*e iimit, save for
I the principle of non-retroacdviry. It also has, at least potentially,
universal reach (chough some key inrerna;ional acrors, such as the
I .
U.S., did nor become parry ro the Rome Starute and are therefore
not bound by irs provisions).
Although the jurisdiction of the *ro ad hoc tribunals is not exclusive,
I but concurrenr with drar of nadonal courrs, both have primacy over
national courts. At a:ry stage oF the procedure, they may formally
requesr nationd courrs ro defer competence..Conversely, the judicial
These tribunals are also fundamenrally differenc from rhe special court
T for sierra Leone; which was istablished per an agreement berween the
united Nations and rhe Governmenr, of sierra Leone that was ado.ored
I on 16 January 2A02. The'special Court is an inrernarional body rhat is
independent of any governmenr or organizadon. Its mandate is to ry
I
I
Human Rights and Refugee Protection, Self-study Module 5,Vollme I
5B
T n
r ,
',,
,lap-tgr
J
I !t(c) "Mqfg re7Cqrne-qd.q.tiont tg thg:Gener1lAssembly t0r the tuifier develQp\gtlt-ol. , -'
r ':i:;i;;,tuii;h,iii^;;;:i!Wy,"ii1,,1,i.iy,i:,;;r-;:rriiii:,;ii,,ii'r"it-,,':,
[ri+
,, ,:, I
A1 floqr^gte,t1ri iutl np,tem/nitqlion ofhiimon righx'obtigatiol,:ii:underta[en .by Staqes
,; {9ll9,w,ytpio the gools and iomnitments related to;he
,promor!o0
old protection glhiUmcl
on( :
I
tlntig!!!.gM aif iifiiliiiiiiilifi #1i
ff{fiqsiig***
1;ii=al,iiiiiin ,i
:: ;-...:
ii:ai:til coinmitmenis ii
11;.il;pr,g,!;fi,
o,'moiniir whi|hl :
i ii iti'r u c e'ct i o'o'i 5 t o't e ;' the r ev i iw' i,';, .l
I
s;
I
,1.1r
illlegri.p"n
iilnn
ilir;,i llgfffi
T
I
T
r As was the case with the Commission, UNHCR
sess.ions of the Council and contribute to the discussion of
relevant to the Office's mandate. The main objectives
panicipation are to:
will closely follow
of UNHCR.'s
$e
issues
I .
e
supply the Council with relevant information
activities and positions;
on UNHC,R.'s
I
promote the development of standards that enhance the protection
of refugees, IDPs, stateless persons and others of concern;
. strive ro ensure that the standards set by these bodies or their efforts
I .
do not contradict international
UNHCR s international protection mandate;
refugee
I
I 59
Human Righu and Refugee Protection, Self-study Module 5,Volume I
a
5.1.6 The Sub-CommissiLn on the Promotion and Protection
of
Human Rights
The Sub-Commission was the main subsidiary body of the UN
commission on Human Rights. It is now subject to teview. Its future is
advice
uncertain and. it may be replaced by another body offering exPert
to newly established Council.
originally called the "sub-comrnission on Prevention of
Dislrimination and Protection of Minorities", it was established h L947
with 12 members. It was renamed in 1999 and is now comPosed of 26
experrs irr the field of human rights who are elected by the commission
orl H,rrn*r, Rights with due regard given to equitable geographical
distribution. The experts work in their personal capacities'
The Sub-Commission mer for three weeks, The sessio:rs of the
eac]1 year
5.1.7 The High commissioner for Human Rights and the office of
the United Nations High Commissioner for Human Rights
(OHCHR)
60
r ChepterS The l)nited NationsSystem
T .
strengthen national human righrs prorection. The High Commissioner
aims to lead the international,human righrs movement by acting as a
n mord authoriry and a voice for victims. The High Commissioner makes
frequent public statements and appeals on human righrs crises.
t
.
;
b1
x
Human Rights and Refugee Protection, Self'study Module 5,Volume I
62
r Chapter 5The United Nations System
i
procedures,,urgenr appeals on individual cases can be made on a srrictly
humanitarian basis. :
I
represenratives, experrs or working gfoups, are mechanisms designed to
address different aspecrs of human.lighrs.. They may respond ro concerns
related to refugees, asylum-seekers, intemally displaced persons, and
stateless persons ranging from human rights violarions as a root cause of
displacement ro prevencing those who are already displaced from being
*
subjected to imminenc human rights abuses. They may also respond to
T Vhile all special procedures are under, review, the system of special
I
procedures as such shall be maintained. Traditionally, the following
specld procedures are of particular relevance to UNHCR:
. Representative of the Secretary-General on the human rights of
internally displaced persons.. This mandate, created in Z0O4
n
;
Human Rights and Refugee Protection, Self-study Module S,Volume I
replacing the former mandate of the RSG on IDPs which led to the
creation of the so-called Deng-principles,'has been given a particular
human rights focus. The.RSG is mandated to engage in dialogue
and advocacy with Governments and other actors concerning the
rights .of IDPs, strengthen the international response to internal
displacement, and in3iniueam human rights throughout the UN
system. He his become a key'partner for UNHCR in advancing
IDP protection, and'to-operation between the RSG and UI'{HCR
has been institutionalized by way of :a Memorandum of
Understanding (MoU). According to this MoU, in relation to
UNHCR, the activities of the RSG or his staffwill include:
capacity .as cluter had, the sharing of his expertise in the area af
international hta and norms .rekted to IDPs in sapporu of the
dtuelopment or reuision of taining or other materiak;
64
{
ffi,
I
:.. Chapter,!.The United Nyions Sy:qn
rc
ffi
ffi
65
Human Rights and Refugee Protection, Self-study Modute 5,Volume I
Despite all the inherent iimitations that resulr'from rhe fact thar rhe
1503 procedure is,confidential, it may nonerheless be useful to asylum-
seekers and refugees when there has been such egregious abuse of their
rights that it can be considered a situation of gross violadons of human
rights.
. Reporting procedures
. Inter-Smtecomplaintsprocedures
. Individualcomplaintsprocedures
. Inquiry procedures and on-site visits
ob
r
r
Chapter SThe United Nations System
."'r "li'r' ' i
r
r
r
r The trear;r bgdy systgm,as establlsfrgd ovgg the years, faces a number of
problems and challenges and is presently under review. The experienced
shortcomings includer "
.
result in 'confusion over the precise scope of human rights
obligations of Stares, and which would ultimately be detrimenml to
'the
interests of the indivi&uals to be'protected; .
heavy"reporting requiiements of States whigh are parqfto rnost, or
: all of the Treaties,'iequiring iignifiiint resources;
r enormous time and extra efforts treary body members have to invest
without any form of remuneration.
: ' :"
r Among the many suggestions which have been made to address these
challenges is thg proposal t3lled,by $e UN High Commissioner for
Human Rightq, Ms.-Louise Arbour, to replace ths present treaty body
system by a single trga-q body, ro be equipped wirh more resources and,
in particular, professional,(fulltime) lnd expert staff, (for details refer to
: the Concept Paper on the High Commissioner's Proposal for a Unified
Standing Tqeaty,Bq{y (HRI/MC/200612). The debate on the ref,orm
will be a lengttry piocess 3nd mligr features of the treary body system,
: such as the review of reports and individual complaints procedures, will
be retained. The following elaboration therefore remains relevant.
ir-r,,the Jevigw, of
they, lnay play country iqgorr.s. This complicates co-
}. operation. In gengra!, the reporting megfranism ar the UN level is made
.yp o{ phe following stages:, , , ,,! r, ,,
x
x 67
5'Volume I
Human Righti and Refugee Protection, Self-study Module
68
:l ,.-,i
. ...f
r in 2001 in the
in2004.
case Cyprus u. Turhq,.
Chapter 5 The United Notions System
T
r
5.2.2.3 ln divi d u a I comp I ai nts p ro cedu re s
This mechanism is' includel in some h**r., rights treaties or their
optional prorocols and atows individuds under the jurisdicdon of rhe
r
State to bring a complaint to the'supervisory body claiming rhar their
rights under che relevant treary have been violated
r treades must derermine whether the State has ratified the treaty in
quesdon, and if the supewisory body can receive individual complaints,
r
and then ascertai[ wherher the State has attached a reseryation to the
right'in question. If the State has done so, refugees or asylum-seekers
who have'suffered a violadon of one the human rights envisaged in the
ffeary may seek redress by submirring a complaint ro the respective
r as follows:
ru" ,o*pt int: Thealleged violadng State musr hrve ratified rhe rreary
invoked by the individual and/or the optional protocol which
I: 69
I
70
I
r
Chopter 5 The United Nations System
r 5,2.2.5 Relevance
refugees
for the protection of asylum-seekers and
r
appropriate, to address,the situation of the forcibly displaced in their
reports to the United N"adons Treaw Monitoring Bodies, and suggests
that these bodies may, in turn, wish to reflect, within their mandar.u, ort
the'human rights dimensions of forced displacement"" (Conclusion No.
95,2003)
: Reporting rystetn:
The examinadon of Srare reports by the treary bodies frequently
: provides a comprehensivc analysis of the human rights situation in a
r
given country and thereby valuable country-of-origin information vrhich
can assisr UNHCR and States to assess internaiional prorection needs of
asylum seekers. Reports offe5 helpful reference' and argumenrs when
r
arguing with States for such prorection being granred. Furti'rermore, rhe
examinarion of Srate reporrs offers an opportunity co discuss the
enjoyment of their rights under the respective rrearF by asylum seelrers
and refugees and other persons of concern to UNHCR. Alrhough the
:
7l
I.
Human Righx and Refugee Protection, Self'study Modute 5, Volume I
I
Inter-Slaa cgmplaints:, .
72
I ,3
I There are seven human rights treaties and coffesponding treaty bodies.
All treary bgdies but one: the Commiftee on Economic, Social and
Cultural fughts which is established by ECOSOC, were created by the
I OOI{CHR
parties to the relevant treary.
I of Hww RightJ
r
I
I q ffi'"
I I
l'"**
rffit
",**"
|
I
I
-,,
Ellnrratm I
d nxral I
I
i I I
C*,:,rurou"
I
: lr,frirb-CwdtrNilFagt,o
-h{$tr Nt pt tt lffi
Main features; Under the ICCPR, States undertake "to respect and
ensure] the r.ights gnshrined therein of all individuals within the
territory or the jurisdicdon of the State. Most of the rights conri.ined in
the Covenant are relevanc to asylum-seekers, refugees, lDPs and other
persons of concern, including the principle of non-discrimination
(Article 2), the right to life (Ardcle'6), rhe right not to be subjected to
torture or cruel, inhuraan or degrading treatment or pun.ishment
(futicle 7), th. right to liberry and securiry of the person (Article 9), and
the right to equaliry before the law (Anicle 26). The Human Righm
Committee aclarowledges an exrra-rerritorial dimension of obiigations
under the ICCPR (Sr General Comment,.n1.32, para. 12),
/4
r Chopter SThe United Nations System
n . 'F.eporting
mechanism ('\rdcle 40); States Pardes must submit a reporr
every five years,
m
II
x
: Relevant Gmeral Coffirueits: No. 4, on equaliry of rights berween men
and women (Article 3) [i981]; No, 6, or, tir" righr io lift (Anicle 6)
:I [1982]; No. 8, on the rightto liberry and security of rhe person (Article
9) tI9821; No. 10, on freedom of opinion 6riicle 19) t19B3l; No. 13,
on equaliry before.the law (futicl,e 14) ll994::; No. i5, on the position
of aliens [1986]; No. 15, on rhe righrto privacy (Article 17) [1988]; No.
: 17, an the rights qf the
"hild
(Artide 24) il989l; No. 18, on non-
discrimination [1989]; No: 19, on rhe prorection of the family (Article
23) ll990l; No. 20, on rhe prohibition of torture or cruel, inhuman or
; degrading ueatment or punishment (Anicle 7) ll992l; No. 21, on the
treatment of persons dep;'ived of their liberry'(Article 10) [1992]; No.
22, on the freedom of thought, conscience, 4nd religion (Anicle 18)
; [1993]; No. 23, on the right of,minorities to enjoy, profess, and practice
their own culture (Ardcle 27) 11994); No. 27, on freedom of movemenr
(Article L2) ll999l. No. ?8,.0n thg,egualjty.of rights berween men and
; women (fudcle 3)'[2000]. Panicular attention should be paid to
General Comment No. i[, on rhe nature of the general obligations
x imposed on States Parties l2OO4), which inter alia emphasizis rhat
"Stutes Parties are require:l'by auticb 2, p*ragraph I, to res?ect and to
ruure the Couenant rights to all pertons who ntay be within their territory
:
:;
n, 75
Human Rights and Refugee Protection, Self-study Module 5,Volume I
and to all persons subject n their jurisdictioa'l further clarifies that "the
enjoyrnent of Couenant rights is not limited ta citizens of States Parties but
mwt abo be auaikbh to ai;ll indiuidudh, regardless of nationalirT or
statelessness, sach as asylutn seckers, refugees, migrant uorkers and other
Persons, qho mal fnd themselues in the tenltory or subject to the
jurisdiction of thi itat, P\rry". Particularly i*pori"rrt fo, tlh. work of
UNHCR'is the Human fughts Commitree's undersranding of the
extraterritorial dimension of human rights, emphasizing that the article
2 obligation requires "that States Parties respect and ensure the Couenant
righx for.all ?erszru in their territory and a/l prtons under their control
entails an obligation not to extradite, deport, expel or otherwise remoue d
person fom their territory,, where tltere are subttantial grounds
for belieuing
that there is a real rish pf ineparable harm, such as that contemplaud by
articles 6 and 7 of the Couen.ant, e:ither in the country to which remoual is to
be fficad,or in any cuuntty to which the person malt subsequently be
remoued.
76
;t Chapter 5 The lJnited Notions System
:t
;
r foodng with mq3. lhe CEDA\f sta1es {iat "affirmadve action" and
measures aimed at acceleratin1 di facto equiliry between men and
women will noi be considered discriminatory (Ardcle 4); that States
shall take dl appropriste; magrres to modify cultural patterns that
I; elected for a period of four years by the Stares Parties to the Convention.
This Convention is served by'the Division iof the Advancement of
'\flomen
x
and is therefore ,:he only:treaty body whose secretariat functions
77
;
Human Rights ond Refugee Protection, Self-study Module 5,Volume I
78
ffi
ii,l.i,
Chapter 5 The United Nagjfu System.
. .." r_,,". .':!.r
a-
ffi Conventioh or yyhere refugee status under the Convehtion has b.en."'
denied. This provision is broader than the non-refoulentent obligation
under A-rticle 33'of the 1951 Convention in as it does not require any
ffi link' to one of the five Convention grounds, nor does it foresee any
exceptional clause equivalent to Article 33(2) of the 1951 Convention.
It is, howwer, na{rower as it only refers to 'iubstantial grounds for
rc
frtit.,
belieuing" drat an individual would be in danger of being subjected to
torture, and rorture is only one of many possible manifestations of
x
::: .:..
of tonure and establish that no excepdonal circumstances whatsoever
may be invoked as a justification of torture (futicle 2). Expulsion or
".*
x
refoulement is prohibited . u{ren ,there are grounds ro believe that an
individual wili be subjei:t to tofture (Article 3). Smtes musr ensure
:!.: remedy, re&ess, and reparation to victims of torture (Articles 13 and
x 14).
-.
m
r Superaisoty body:.The Committee against Torrure is composed of ten
independent experts elected to four-year tgrms.
r
Reporting mechanism (.r\rdcle 19): Stares rnust submir reporrs every
four years. The governmenrs concerned. may respond to the
commenrs with'their own observations (futicle i9t3]). The
.t
Committee may, ar irs discretion, decide ro include any comments
T or suggestions
with the
ir makcs in accordance wirh
observatious thereon received from.
paragraph 3,
the State
together
party
r .
swu conpkints m,echanism (Anicle 21): An opdonal procedure that
may only be used if both States concerned. have made a declaration
recogrrizing the comperence of the Committee.
.
Inquir! procedure (A.r'cicle 20)r If the Committee receives reliable
* information that conrains well-founded indications that tonure is
t 79
Human Rights and Refugee Protection, Self-study Module 5, Volume I
80
I Chapter 5 The United Notions System
"For this purpose, States Parties shall prouide, as thry corusider apprcpriate,
co-operation in aqt ffirts b7 the Llnited Nations and otber conxpetent
I intergouernmerutal organizationi or non-glaernrnental organizatio)s co-
lPerating with the united Nations to ?rotect and assist such a child and to
I '!7'ith
192 Stares Pardes, the CRC is, therefore, particularly importanr.
on the of chiid
T
I
T
Superaisory mecbanism:
t441,
. Reporting slstem (Alcirlr The only supervisory mechanisrn
established by rhe CRC. Scates are required to submit a repori every
fi.re years.
t
8i
I
Human Rights and Refugee Protection, Self'study Module 5, Volume I
The Optional Protocol to the Conuention on the Rights of the Child on the
Sate of Children, Chitd ,lrostitution and Child Pornography entered into
force on 18 January 2002. h supplements the CRC with detailed
requirements for criminalizing violations oF children's rights in relation
to the sale of children, child prosritution, and child pornography' The
Protocol defines the offences "sale of children", "child prostitution", and
"child pornography." It sets standards for treating violations under
domestic law, not just as they relate to offenders, but also as they relate
to prevention efforts and the Protection of victims. The Optional
Protocol also provides a framework,for greater international coopc'ration
in these areas, particularly for pqosecuting offienders'
Releuant General Cornruent: No. 3, on HIV/AIDS and the rights of
the child t2003] and No. 6, on the treatment of unaccompanied and
separated children outside their country of origin L2OO5), the iatter of
which, to a significant extent drafted by UNHC& also serves as a good
example of co-operation between treaty bodies and UNHCR in the
preparadon of general comments.
al
I Chapter S The United Notions System
I Csmmittee on
Rights. Cornposed of
Ecsnomic, Social and Cultural ii.,lil : Slate
.l,8
experts.
". ""
].i::,, ,St te,report5eye1y,syearr,tertlii.tt,iill:
report5,
' , ',
j,':,
, ,ffiitl",-,,-
i
,
. ,:
...1',,- - ,-, ';
,.
;:' i
'
I
I -----
-*..:-- .
"-r-**.--;^"-...-^;-..*;-- , ,f r.rr.r : :)...:.:,.:. r-r-,-_t Jr::1re:-,,.)---)".at:,:),lt^r,1y;J
r r,
:
i
:r
Discrimination. Composed of l8 experts (Article g). i
i
i ,lil,
r:irr :r,.irr:.,r-:.r,::l:r.:::
.,:lntgr,lq1atq complaints (Afticle I 1)
I fr : i.:.:,::.:.r.:i
r CRC
CAT
; cornr:nittee on rhe Rights of the child. composed
10 i iii,,,srgier.porti.r.1y4r*uruteni.il r,si
iexperrs(ArricrJlT)l
I 1;.,fiJ;;;iiil;ffi;;;;;,'|.',
lnter-state iomplaints (Anicle
,: : 2I)
r
: :,,
lndividual cor.nplaints (Arri( ic 22)
i
. Conirminee
i lurr I ilrLrsE r.rnI rhe
vr lr rq Proiection ut
rruleLLtuil of ,the
Ule illonlS el[i,i .,
of AIL
Rights 0I _S1a1e, re go, rts, evety,5r ye" f 5 (Afi iqle 73)
, ysjlT}lt:::
of Theii Fam;ries.'i 'r:.
r I
ll9-y:Ibers
|, Composedatpi:esentofloexpens(AnliteZzi, : l
l'l
:
* lnterstate ;rrptaints (nrticle Z6)
i
Individual con plaints (Artiale 77)
.'..
rr: .l:i
,!I
,,:i:i.::.,:::i
I
the
exploitacion of migrant workers throughout rhe entire migrarion piocess
T by providing a ser of binding internarional standards to address the
trearment, welfare, and human righrs of both documented. and
I dJ