Introduction to Human Rights-Labour Law PDF

# Introduction to Human Rights-Labour Law ## GS5102 ## Ameena # Lesson One ## International Covenant on Civil and Political Rights (ICCPR) We will be discussing two Covenants which are the following: - ICCPR - ICESCR ### ICCPR - International Covenant on Civil and Political Rights ### IC...

# Introduction to Human Rights-Labour Law ## GS5102 ## Ameena # Lesson One ## International Covenant on Civil and Political Rights (ICCPR) We will be discussing two Covenants which are the following: - ICCPR - ICESCR ### ICCPR - International Covenant on Civil and Political Rights ### ICESCR - International Covenant on Economic, Social and Cultural Rights ### In the ICCPR we are going to discuss the following rights which are: - The Right to Life - Freedom of Movement - The Right to Privacy - The Rights of Children ## The Right to Life - It is stipulated in Article 6 of the (ICCPR) - Every human being has the right to life. The right should be protected by law. ### Death Penalty - Imposed for the most serious crimes - Pursuant to a final judgement by a court. **Can a death penalty be imposed on any person bellow the age of 18 or on pregnant women? Why?** - State has the duty to prevent war as well as it has the duty to provide food, medical treatment and prevent suicide. ## The Freedom of Movement - Everyone in a state has the right of movement and freedom to choose their residence. - Everyone shall be free to leave any country, including his own. ### Who are Aliens? - Tourists, migrant workers, businessmen and refugees arrive legally in the country. - The decision about how long they can stay remains on the individual state. ### Liberty of movement and freedom to choose one's residence **What are the guaranteed rights to Aliens?** - Enter to a country as some country requests a visa and the country has the right to refuse granting it. - Once the Aliens enter the country, they have the same rights as the citizens of that country. - Aliens can claim residency in a country for example if a refugee who comes from a neighboring state that is treated badly. - They can be an unlawful residence when their visa is expired. ### Freedom to leave a Country and liberty of emigration - Citizens have the right to leave their own country this creates an obligation for the State to issue passports or travel documents to its nationals. - Freedom to emigrate is available to everyone both nationals and aliens. **Freedom of children leaving or emigrating their country is it restricted with rules?** ### Limitations on freedom of movement, residence, travel and emigration are permissible in four cases, which are the following: | Cases | | |---|---| | Provided by law | Consistent with other rights recognized in the Covenant| | Serve one of the purposes for interference listed in the provision | Necessary for achieving this purpose | ### Are Provided by Law - Laws must be reasonable and not abusive. **For example:** - A. law that prevents all blue-eye citizens from moving from one place to another is an unreasonable law. ### Are consistent with other rights recognized in the Covenant - A law that puts restrictions on the freedom of movement must be fair and must not contradict other rights in the Covenant. **For example:** - The freedom of movement can never be restricted by preventing citizens from using their own money for traveling. ### Serve one of the purposes for interference listed in the provision - Restrictions on the freedom of internal movement, residency, travel abroad and emigration are protected by the following: | Purposes | Description | |---|---| | National Security | State may avoid access of non-authorized persons to the military's security zones. | | Public Order| Police can prevent people from going into earthquake zones. | | Public Morals | State may restrict access to certain areas that are dangerous. | | Public Health | Impose restrictions on certain areas to protect the public, e.g. Covid-19 using traffic lights colours. | | The right and freedom of others | Restrictions can be imposed on people who are a threat to the public. | ## The Right to Privacy - Guarantees the respect for individual existence of every human being. - Each person has the right to exist spiritually and legally and to respect their individual nature and reputation. ### What are the obligation on State to protect the right of privacy? - State needs to protect individual attack and interference by Laws **Example:** - Access to personal data measures by private companies is a violation of the right to privacy ## The Right to Children - It is stipulated in Article 24 of the (ICCPR) - States must offer its protection to all the children within its borders. - State must prevent the child from suffering from any kind of abuse by any third parties. - All children must be treated equally. ### How do states ensure the protection of children? | Protection | | |---|---| | Institutional protection | | | - Family Law | | | - Nationality | | Special Criminal Law protection | Ensuring medical care, education, housing, etc. | | | Ensuring the respect of the rights in the Convention on the Right of the Children | ## Glossary | Word | Translation | |---|---| | Enshrined | مكرس / منصوص عليه | | Drafting | الصياغة | | Imposed | فرض | | Malnutrition | سوء التغذية | | Extermination | إبادة | | Contradict | تناقض | | Accused | متهم | | Conviction | اعتقاد | | Expel | يطرد | | Contradict | تناقض | | Word | Translation | |---|---| | Quarantine | الحجر الصحي | | Infectious | عدوی | | Catastrophe | نكبة | | Peculiar | غير المألوف | | Integrity | نزاهة | | Minor | تحت السن القانوني / القاصر | | Custody | حبس | | Inheritance | میراث | | Tutelage | الوصاية | | Nutrition | تغذية | # Lesson One ## International Covenant on Economic, Social and Cultural Rights (ICESCR) We are going to discuss the following Rights in this session: - Work - Adequate Food - Adequate Housing - Health - Water - Education ## The Right to Work - Each person has the right to work ### Due to the following Elements: | Elements | Description | |---|---| | Availability| There should be service available to help find jobs. | | Accessibility | People need to have complete access to the job market. | | Acceptability and quality | The protection of the right to work includes the right of the worker to have good condition of work. | ### Obligation on State Parties | Obligations | Description | |---|---| | The obligation to respect | To prohibit forced labor, to prevent companies from discrimination, and to prohibit child labor. | | The obligation to protect | Create laws or to take measures to ensure equal access to work, training and social protection. | | The obligation to fulfill | To create national employment policy plans to stimulate the economy and overcome unemployment. | ### Responsibilities given to the following group: | Group | Responsibilities | |---|---| | Women | Equal rights as men. | | Young person | Government need to provide both education and training. | | Child Labour | Children must be protected. | | Older Person | Should be protected against discrimination. | | Person with disabilities | Should not prevent hem from working. | | Migrant workers | Should have the same rights as those natives working in the country. | ### How to Guarantee the conditions of work by the following: | Conditions | Description | |---|---| | Remuneration (Anything that the employer gives to the employee) | - Should have fair wage. - Equal value without distinction. - Remuneration that provides all workers with a decent living for themselves and their families. | | Safe and healthy working conditions | Government need to ensure safe and healthy working conditions for workers. | | Equal opportunity for everyone to be promoted in employment | There should not be place for personal preferences or family links. | | Rest and reasonable limitation of working hours and periodic holidays | Workers should not work every day, as must have holidays, with pay as well as remuneration for public holidays. | ## The Right to Adequate Food - Every man, women, and child either by themselves or in the community, have physical and economic access at any time to enough food, or the ability to buy some. ### Due to the following Elements: | Elements | Description | |---|---| | Availability | In quantity to satisfy the needs of individual. | | Accessibility | Food should be in ways that are sustainable and should not interfere with the enjoyment of other human rights. | ### Obligation on State Parties | Obligations | Description | |---|---| | The obligation to respect | To not prevent access to existing adequate food. | | The obliagtion to protect | Enterprise and individuals must be prevented. | | The obligation to fulfill | Government needs to provide adequate food to individual or groups. | ## The Right to Housing - Having a roof on your head ### Due to the following Elements: | Elements | Description | |---|---| | Legal security | In quantity to satisfy the needs of individual. | | Availability| People should have access to natural and common resources such as of service, material, facilities, and infrastructure. | | Affordability | There should be housing made to all people in all income levels. | | Habitability | The house must be able to be lived in. | | Accessibility | The rental houses need to be available to those that need them. | | Location | There should be enough rental housing and should not be built in area that are dangerous. | ## The Right to Health - State Parties provide to everyone the highest standard of physical and mental health. ### Due to the following Elements: | Elements | Description | |---|---| | Availability | Hospitals, Clinics, trained medical personnel, medicines etc. | | Accessibility | Health facilities, goods and services have to be available for everyone without discrimination. (Women, Children, older persons, persons with disabilities.) | | Acceptability | In some countries, a pregnant person must be able to have access to a female doctor. | | Quality | Medical personnel must have the right skills, medicine must not be expired, and hospitals equipment must be approved. | ### Obligation on State Parties | Obligations | Description | |---|---| | The obligation to respect| Allowing equal access for all people to all services. | | The obligation to protect | Watch private health providers and make sure that doctors and nurses must meet the appropriate standers. | | The obligation to fulfill | - Adopting and implementing a national health policy. - State should provide enough clinics, a health insurance system and appropriate training and education for all staff members. | ## The Right to Water - Water is import in human’s life, therefore it should be hygienic. ### Due to the following Regulations: | Regulations | Description | |---|---| | Availability | Enough water for both personal and domestic users. | | Quality | Water must be safe without any chemical substances. | | Accessibility | Water should be accessible for everyone without discrimination. | ### Obligation on State Parties | Obligations | Description | |---|---| | The obligation to respect | Equal access to water. | | The obligation to protect | Prevent any other people with the right to water. | | The obligation to fulfill | Educate people on the importance of water and how to minimize water wastage. | ## The Right to Education - Education develops human personality and the sense of his dignity and shall strengthen the respect for human rights and fundamental freedoms. ### Due to the following Regulations: | Regulations | Description | |---|---| | Availability | Educational institutions and programs must be available in sufficient quantity. | | Accessibility | Educational institutions must be accessible to everyone without discrimination. | | Acceptability | Education teaching methods should be acceptable. | | Adaptability| Education should be flexible so it can adapt to the needs of changing societies. | ### The different levels of education are the following | Levels of Education | Description | |---|---| | Primary education | Is compulsory and should be free to all. | | Secondary Education| Includes completion of the person basic education and the foundations for life-long learning and human development. | | Technical and vocational Education | This type of education forms both the right to educate and the right to work. | | Higher Education | Bsc, Masters, PHD etc. | | Fundamental Education | For adults who have not complete their primary education. |