International Geneva Human Rights PDF

INTERNATIONAL GENEVA Topic 2: HUMAN RIGHTS “Main principles of human rights” Frédéric Bernard March 2nd, 2023 1 Introduction • Terminology: the expression “human rights” usually describes the international level of protection of individual rights. [national expressions: civil rights or liberties...

INTERNATIONAL GENEVA Topic 2: HUMAN RIGHTS “Main principles of human rights” Frédéric Bernard March 2nd, 2023 1 Introduction • Terminology: the expression “human rights” usually describes the international level of protection of individual rights. [national expressions: civil rights or liberties (UK and US), constitutional rights (Switzerland), public liberties (France)] [see also the expression “rule of law”] • Human rights belong to every human being. • Human rights also belong to legal persons (with some adjustments). • Human rights are directed against the State and its agents. 2 I. The history of human rights (1/3) • Modern societies are essentially positivist (≠ jusnaturalist). • The birth of human rights is usually traced back to the “Magna Carta” (“Great Charter”; UK, 1215). • Other key historical texts: - The British Bill of Rights (1689) - The Constitution of the United States (1787) - The French Declaration of the Rights of Man and the Citizen (1789) - The US Bill of Rights (1791) (see the chapter from Tom Bingham’s The Rule of Law) These documents were all adopted at the national level. 3 I. The history of human rights (2/3) • After World War II, the General Assembly of the United Nations adopted the Universal Declaration of Human Rights (1948; UDHR). • The Declaration is not legally binding and was concretized in two “general” conventions in 1966 : - The International Covenant on Civil and Political Rights (ICCPR) - The International Covenant on Economic, Social and Cultural Rights (ICESCR) • Simultaneously, the UDHR inspired the development of regional systems of human rights protection (Europe in 1950, America in 1969 and Africa in 1981). International treaties are treated differently in monist and dualist states. 4 I. The history of human rights (3/3) Today, the United Nations system also entails conventions designed to address specific rights or segments of the population: - The International Convention on the Elimination of All Forms of Racial Discrimination (1965) - The Convention on the Elimination of All Forms of Discrimination against Women (1979) - The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) - The Convention on the Rights of the Child (1989) - The International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (1990) - The Convention on the Rights of Persons with Disabilities (2006) - The International Convention for the Protection of All Persons from Enforced Disappearance (2006) 5 II. The content of human rights (1/2) • Traditionally, human rights have been classified into three generations: 1st: civil and political rights (e.g., right to life, freedom of expression) 2nd: economic, social and cultural rights (e.g., right to food) 3rd: collective rights (right to a healthy environment) • According to the World Conference on Human Rights (Vienna 1993): “All human rights are universal, indivisible, interdependent and interrelated.” • Human rights may also be described in terms of the responsibilities they impose on States: - duty to respect (“negative obligation”) - duty to protect (“positive obligation”) - duty to promote (“positive obligation”) 6 II. The content of human rights (2/2) • Examples of civil rights: • - Right to life (Art. 6 ICCPR) - Prohibition of torture and cruel, inhuman or degrading treatment or punishment (Art. 7 ICCPR) - Right to liberty and security (Art. 9 ICCPR) - Right to a fair trial (Art. 14 ICCPR) - Freedom of thought, conscience and religion (Art. 18 ICCPR) - Freedom of expression (Art. 19 ICCPR) - Freedom of association (Art. 22 ICCPR) Civil rights may be: - Either absolute (e.g., the prohibition of torture) - Or subject to limitations (e.g. freedom of expression), provided certain conditions are met: the restriction must be provided by law, pursue a legitimate aim and be necessary (i.e. proportionate). 7 III. Human Rights Actors (active in Geneva) (1/4) A. Charter-based bodies • Human Rights Council (created by the UN General Assembly in 2006, replaced the HR Commission) - The Council is made up of 47 UN Member States (intergovernmental body). - As requested by the UNGA in its 2006 resolution, the Council performs a Universal Periodic Review, which serves to assess the human rights situations in all UN Member States. - The Council establishes Special Procedures (special rapporteurs, independent experts, working groups, etc.) to report either on thematic issues or specific countries (called “crown jewels” of the human rights system by former Sec. Gen. Kofi Annan) • Office of the High Commissioner for Human Rights (1993; since 2018, the position is held by Ms Michelle Bachelet) 8 III. Human Rights Actors (active in Geneva) (2/4) B. Treaty-based bodies UN human rights treaties (see slides 4 & 5) are each monitored by a specific committee of independent experts : - The Committee on the Elimination of Racial Discrimination (1969) - The Committee on Economic, Social and Cultural Rights (1985) - The Human Rights Committee (1976) - The Committee on the Elimination of Discrimination against Women (1981) - The Committee against Torture (1987) - The Subcommittee on Prevention of Torture (2007) - The Committee on the Rights of the Child (1991) - The Committee on Migrant Workers (2004) - The Committee on the Rights of Persons with Disabilities (2008) - The Committee on Enforced Disappearances (2011) 9 III. Human Rights Actors (active in Geneva) (3/4) B. Treaty-based bodies • Treaty bodies perform the following functions: - Reviewing State parties’ reports (the obligation to submit regular reports regarding the treaty’s implementation is automatically attached to its ratification) - Considering complaints from individuals (in the UN system, this procedure is always optional as States must explicitly accept it) - Interpreting the provisions of the treaty (by issuing documents called General comments) • The Subcommittee on Prevention of Torture visits State parties and has access to all places where persons are deprived of their liberty (preventive function) 10 III. Human Rights Actors (active in Geneva) (4/4) • The UN Human Rights Council’s headquarters is at the Geneva UN Office (Palais des Nations). • The Office of the High Commissioner for Human Rights’s headquarters is at the Palais Wilson. • The treaty-based bodies usually meet in Geneva (PN or PW). 11