Protecting Human Rights in a Multilevel System PDF

**Topic 2** ***PROTECTING* HUMAN RIG*HTS IN A MULTILEVE*L *SYSTEM*** ***1. HUMAN RIGHTS: DEFINITION2. MULTILEVEL PROTECTION3. POTENTIAL CONFLICTS AND HARMONIZATION*** **For a brief review of the main historical events that led to the recognition of human rights in a modern sense *(The story of Hu...

**Topic 2** ***PROTECTING* HUMAN RIG*HTS IN A MULTILEVE*L *SYSTEM*** ***1. HUMAN RIGHTS: DEFINITION2. MULTILEVEL PROTECTION3. POTENTIAL CONFLICTS AND HARMONIZATION*** **For a brief review of the main historical events that led to the recognition of human rights in a modern sense *(The story of Human Rights)*** [[https://youtu.be/6XXGF\_V8\_7M]](https://youtu.be/6XXGF_V8_7M) **1) WHAT ARE HUMAN RIGHTS?** - **standards that recognize and protect the *dignity*** of all human beings. They govern how individual human beings live in society and with each other, as well as their relationship with the State and the obligations that the State has towards them. - Human rights law obliges **governments** to do some things, and prevents them from doing others (positive and negative **obligations**). **Individuals** also have **responsibilities**: in using their human rights, they must respect the rights of others. No government, group or individual has the right to do anything that violates another's rights. **ESSENTIAL CHARACTERISTICS** **Universality and inalienability** - Human rights are universal and inalienable. All people everywhere in the world are entitled to them. No one can voluntarily give them up. Nor can others take them away from him or her. **Indivisibility** - Human rights are indivisible. - Whether civil, political, economic, social or cultural, they are all inherent to the dignity of each human being. - Consequently, they all have equal status as rights. **There is no hierarchy of human rights**. **Equality and non-discrimination** All individuals are equal as human beings and by virtue of the inherent dignity of each human person. All human beings are entitled to their human rights without discrimination of any kind, such as race, color, sex, ethnicity, age, language, religion, political or other opinion, national or social origin, disability, property, birth or other status as explained by the human rights treaty bodies. **Accountability and rule of law** - States and other duty-bearers must comply with the **legal norms** and **standards** enshrined in human rights instruments. Where they fail to do so, appropriate redress (**remedies**) before a **competent court (or other bodies) must be ensured**, in accordance with the rules and procedures provided by law **2) THE MULTILEVEL PROTECTION** **The main players («*legislators»* and *Courts*) → at international level:** Treaties -- Covenants - Declarations - International Courts i.e.: The Universal declaration of H.R. (U.N. 1948) and The International Court of Justice (ICJ) **→ at regional level:** Treaties - Chartes - regional Courts i.e: The European Convention on HR (ECHR -- Coe system 1950) and the ECtHR -- Strasbourg i.e.: The EU Charter of fundamental rights (2009) and the CJEU -- Luxembourg **→ at national level:** Constitutions -- statutes - Constitutional Courts -- The Judiciary **DIFFERENT CATALOGUES AND CONTENTS. MAIN ISSUES** -- Different catalogues: civil, political, economic, social or cultural rights \[please see the documents\] -- \*Are all they legally binding?\*-- *Different contents (and scope) of the same rights* -- *Different and common traditions in comparison*