List down specific human rights in each

column
Everyone enjoys Most people enjoy Some people enjoy A few people enjoy No one enjoys this
this right this right this right this right right
 Basic Concepts and
Principles of Human
Rights
What Are Human Rights?
• Human rights are intrinsic values that give all human beings
dignity:
―Whereas recognition of the inherent dignity and of the equal and inalienable
rights of all members of the human family is the foundation of freedom, justice
and peace in the world.‖ (UDHR, Preamble)

―All human beings are born free and equal in dignity and rights.‖ (UDHR,
Article 1)
• Human rights are legally guaranteed by human rights law.
• All human rights are equally important.
• ―All human rights are universal, indivisible and interdependent and interrelated.‖
(The Vienna Declaration on Human Rights)
Core Principles of Human Rights
• Universal– All individuals are equal as human beings
and by virtue of the inherent dignity of each human
person.
• Inherent – A birthright of all human beings;
• Inalienable – Cannot be waived voluntarily or taken
away
• Interrelated and indivisible– All human rights are
necessary and connected and depend on each other for
effectiveness and full enjoyment of these rights.
Core Principles of Human Rights
• Non-discrimination: Everyone is entitled to human rights
without discrimination. Also a dual obligation:
Negative: The state must not discriminate against specific individuals
or groups.
Positive: the state must take steps to identify vulnerable individuals or
groups in need of extra attention to ensure their rights are guaranteed.

• States are the primary duty-bearers – impose obligations upon

States and State actors to respect, protect and fulfil human
rights.
• Internationally guaranteed and legally protected
State Obligations

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State Obligations
• To Respect: States must refrain from interfering directly or
indirectly with the enjoyment of the right.
• To Protect: States must take measures that prevent third
parties from interfering with the enjoyment of the right.
• To Fulfill: States must adopt appropriate legislative,
administrative, budgetary, judicial, promotional and other
measures towards the full realisation of the right (facilitate) and
directly provide assistance or services for the realisation of these
rights (provide)

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Progressive Realization
• Allows governments to take steps towards the progressive
achievement of the full realization of human rights in light of
available resources.
• However, governments cannot use progressive realization as an
excuse for deferring their efforts.
• States have a core obligation to satisfy the minimum essential level of
each right. They must take some steps towards the realization of the
rights through measures such as enacting laws, and setting goals,
targets and timeframes for their national plans for fulfilling rights,
which may also include seeking international development
assistance.
• Applies to which kinds of rights? Economic, social and cultural
rights.
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Immediate Obligations
• According to the Committee on Economic, Social and Cultural
Rights, the following obligations are of immediate effect:

• obligation not to discriminate

• obligation to take steps targeted deliberately towards the full
realization of the rights in question
• obligation to monitor progress in the realization of human
rights
Human Rights are Internationally Guaranteed
• Human rights are codified in international treaties that form
part of international human rights law.
• Multilateral treaties that serve as contracts between
governments and are sources of legally binding obligations on
States parties, and even other duty bearers.

• The international human rights regime as we know it evolved

within the United Nations
• a fundamental purpose of the UN is to promote human rights
• the objectives of the UN in its Charter are ―to save succeeding generations
from the scourge of war‖ and ―to reaffirm faith in fundamental human
rights, in the dignity and worth of the human person and in the equal rights
of men and women.‖
Treaty Terminology
• RATIFICATION is a two-step process where the State signs the treaty signaling intent to be bound,
and written approval is then provided at the national level by the appropriate constitutional organ,
such as the parliament or congress.

• ACCESSION is the consent by the State to be bound in cases when it has not previously signed the
instrument and where only one signature is needed.

• SIGNATURE subject to ratification – also called simple signature. In such cases, a signing State
does not undertake positive legal obligations under the treaty upon signature; indicates the State‘s
intention to take steps to express its consent to be bound by the treaty at a later date; creates an
obligation, in the period between signature and ratification, to refrain in good faith from acts that
would defeat the object and purpose of the treaty.

• RESERVATIONS are indications that the state party does not agree to be bound by certain specific
articles – but only if these reservations do not go against the central spirit of the treaty.
Can human rights be restricted?
Yes, but only as an exception to the general rule. A valid restriction of human rights may
be valid if the ff. criteria exist:

1. The restriction must be allowed for in law;

2. The restriction must respond to a pressing public or social need;
3. The restriction is strictly necessary in a democratic society to achieve the
public/social need;
4. There are no less intrusive and restrictive means available to reach the
same objective; and ;
5. The restriction is based on scientific evidence and not drafted or
imposed arbitrarily — that is, in an unreasonable or otherwise
discriminatory manner.

Any restriction must be of a limited duration, respectful of human

dignity, and subject to review
Are human rights mainly
Western concepts?
Pre-World War II
• Various human rights principles - long history in many traditions. e.g.:
• Hammurabi Code (Babylon, c. 1700 BCE) – talks about
presumption of innocence, due process in proving accusations
before a ―tribunal‖ – elders; (adheres to ―eye for an eye‖)
• Plato, Aristotle (Greece, c. 350-360 BCE) – corrective and
distributive justice, property rights (still accepted slavery and
classes (equal treatment for equals)
• Confucianism (c. China, 570 BCE - )
• Asoka ―The Edicts‖ (India, c. 272-231 BCE) - the duty of rulers to
serve the welfare of their people; approved of people having their
own religions.
• Kautilya, ―The Arthashastra‖ (India, c. 200 BCE) – rule of law and
labor rights
• Judaism, Islam, Christianity
• Liberalism (Milton, Locke, Mill, Paine, Voltaire, Kant) – freedom
of expression, association, religion
• Communism (e.g. Marx) – social, economic rights
Drafting the Universal Declaration on
Human Rights
• Between 1946 and 1948, international
delegations at the Human Rights commission
debated every word in the drafting of the
Universal Declaration of Human Rights.

• Drafting group: composed of Roosevelt

(U.S.), Chang (China), Malik (Lebanon) and
John Humphrey, who represented the UN
Secretariat, as well as representatives from
Australia, Chile, France, the Philippines, the
Soviet Union, the Ukrainian SSR, the United
Kingdom, Uruguay and Yugoslavia.

• After 1,400 rounds of voting, the UDHR was

adopted by the General Assembly on 10
December 1948 as ‗as a common standard of
achievement for all people and nations‘.
Sources of Human
Rights Law
Sources
• international conventions and treaties – legally binding, written
agreements between States.
• ―international custom, as evidence of a general practice
accepted as law‖;
• ―general principles of law recognized by‖ the community of
nations;
• ―judicial decisions and the teachings of the most highly
qualified publicists ... As subsidiary means for the
determination of rules of law‖
Treaty Terminology
• RATIFICATION is a two-step process where the State signs the treaty signaling intent to be bound,
and written approval is then provided at the national level by the appropriate constitutional organ,
such as the parliament or congress.

• ACCESSION is the consent by the State to be bound in cases when it has not previously signed the
instrument and where only one signature is needed.

• SIGNATURE subject to ratification – also called simple signature. In such cases, a signing State
does not undertake positive legal obligations under the treaty upon signature; indicates the State‘s
intention to take steps to express its consent to be bound by the treaty at a later date; creates an
obligation, in the period between signature and ratification, to refrain in good faith from acts that
would defeat the object and purpose of the treaty.

• RESERVATIONS are indications that the state party does not agree to be bound by certain specific
articles – but only if these reservations do not go against the central spirit of the treaty.
Human Rights Treaties
• law-making treaties
• create general norms that are the same for all States
parties
• Does the principle of reciprocity apply?
• These norms have to be applied by a State party irrespective of the state
of implementation by other States parties
• strict state responsibility such that States are responsible for
violations of their treaty obligations even where they were not
intentional.
• Covenants, conventions, Protocols, etc.
Human Rights Norms
• Soft law, non-binding but has great weight and shapes
international human rights interpretations.
• General Assembly resolutions - adopted by the United Nations
General Assembly, regarded as having legal value, albeit not legally
binding per se; evidence of customary law

• Peremptory Norm (jus cogens) - ―a norm from which no

derogation is permitted and which can be modified only by a
subsequent norm of general international law having the same
character‖. (Article 53, VCLT)
UDHR
• The UDHR outlines the individual rights and freedoms for everyone based
on the principle that human rights are based ‗on the inherent dignity of
every person‘
• It contains both civil and political as well as economic social and cultural
protections.
• It is not legally binding, but nonetheless forms the bedrock of international
human rights law
• It is now available in over 350 languages – the most translated
documented in the world
International Bill of Human Rights
• The International Covenant on Civil and
Political Rights and the International
Covenant on Economic Social and Cultural
Rights were adopted in 1966 and entered into
force in 1976
• These conventions put the rights and freedoms of
the UDHR into the form of binding treaties.
• The three documents are referred to as the
International Bill of Human rights
Human Rights Instruments and Treaties
1. Universal Declaration of Human Rights (UDHR)
2. International Covenant on Economic, Social and
Cultural Rights (ICESCR)
3. International Covenant on Civil and Political Rights
(ICCPR)
4. Convention on the Elimination of All Forms of Racial
Discrimination
5. Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW)
6. Convention on the Rights of the Child (CRC)
7. Convention on Migrant Workers (CMW)
8. Convention on the Rights of Persons with Disabilities
9. Convention Against Torture
10. Convention Against Enforced Disappearances
Regional Human Rights Systems
Europe:
Convention for the Protection of
Human Rights and
Fundamental Freedoms
Americas:
American Convention on
Human Rights and Pact San
José, Costa Rica on economic,
social and cultural rights
Africa:
African Charter on Human and
Peoples’ Rights
Arab States:
Arab Charter on Human Rights
• European Court of Human
Rights
• Inter-American Commission
on Human Rights
• Inter-American Court of
Human Rights
• African Commission on
Human and Peoples’ Rights
• African Court on Human
and Peoples’ Rights
Action 2 slide
Additional Protections for Human Rights
• Declarations, recommendations, conferences and codes of
conduct generally regarded as having moral force and providing
a guiding reference to States.
• END.