Transcript Slide 1

Using the international human rights
Main
title
system
Subheading
About BIHR
We are a national charity aiming to bring human rights
to life in the UK by:
• Raising awareness of human rights
• Building capacity to use human rights based
approaches
• Influencing policy change
Context/ aims
• NEP and BIHR Guide for the VCS – Using
international human rights
• Want to bring this to life and inspire you to use it!
• Aim to increase awareness and understanding of the
system and how you can engage with it to make a
difference to your work
Overview
The ideas
What are human rights, where do they come from
and why do they matter?
International law
What are they key parts of the international human
rights system and how do they work?
The practice
How can you use it? Case studies and practical
examples.
The ideas
Main title
Subheading
Which human rights are being taken away
in these photos?
Human rights are……
A set of rules for governments
To respect and protect individuals
According to common values
Developed over centuries
Now set down in law
Key ideas
Belong to everyone • Cannot be given,
only claimed • Cannot be taken away •
Are a set of basic, universal standards •
Shift from needs to rights
A right “is something to which one is entitled solely by virtue of
being a person … enables a person to live with dignity … can
be enforced … and entails government obligation.”
A need “is an aspiration that can be quite legitimate but not
necessarily associated with an obligation by government to
cater to it. The satisfaction of a need cannot be enforced.
Human rights make the difference between being and just
merely existing”
From UNDP Poverty Practice note
Universal Declaration of Human Rights
ARTICLE 1
‘All
human beings are born free
and equal in dignity and rights.
They are endowed with reason
and conscience and should act
towards each other in a spirit of
brotherhood.’
Creation of a human rights system
Economic,
social and
cultural
rights
Civil and
political
rights
Children
Women
Migrant
workers
UDHR
Disabled
People
No
Torture
The roots:
Ancient philosophies,
religion, revolutions,
social movements etc
The law
Main title
Subheading
United
Nations
UK Government
e.g. International human
rights treaties e.g
CEDAW (Convention on
the Elimination of
Discrimination against
Women, CRC
(Convention on the
Rights of the Child)
Human Rights
Act 1998
Council of
Europe
European
Convention
on Human
Rights 1950
State obligations
State parties have obligations to:
• Respect human rights – i.e. refrain from interfering
with the enjoyment of rights
• Protect human rights – i.e. prevent rights abuses by
third parties
• Fulfil human rights – i.e. pro-actively engage in
activities that strengthen access to and realisation of
rights.
Different international human rights
‘mechanisms’
•
•
•
•
International Treaties (Conventions)
Monitoring Committees
Other UN instruments (p40 guide)
Other ‘procedures’:
– Special Rapporteurs
– Universal Periodic Review
– UN High Commissioner for Human Rights (Navi
Pillay)
List of International Human Rights
treaties
1. International Covenant on Civil and Political Rights (ICCPR), 1966
2. International Covenant on Economic, Social and Cultural Rights
(ICESCR), 1966
3. Convention on the Elimination of Racial Discrimination (CERD), 1965
4. Convention on the Elimination of Discrimination Against Women
(CEDAW), 1979
5. Convention Against Torture (CAT), 1984
6. Convention on the Rights of the Child (CRC), 1989
7. Convention on Migrant Workers (CMW), 1990 (The UK has not
signed up to this Convention)
8. International Convention on the Rights of Persons with Disabilities
(ICRPD), 2006
9. International Convention for the Protection of All Persons from
Enforced Disappearance (ICPED), 2006 (The UK has not signed up to
this Convention)
UK and International
treaties
Some facts!
• UK signed and ratified all except for: Migrant
Workers and Enforced Disappearances
• UK first governments to sign one on Persons with
Disabilities but only ratified on 8th June 09
• Only 2 countries haven’t ratified the Children’s
Treaty- do you know which ones?
Sign or Ratify?
• Sign a treaty - not legally binding, but
expressing agreement.
• Ratify a treaty- legally binding. Must submit report
to committees to prove you are following the duties
in the treaty.
Enforcing and monitoring rights
1. Govt Reports by states to
UN treaty monitoring
committees (international)
2. Committee sessions
3. Concluding observations
4. Complaints by individuals to
UN committees (limited e.g
CEDAW)
Group Activity
• Looking at the specific rights in some of the treaties
and linking them to your work/issues.
Engaging with the human rights
Main
title
system
Subheading
How can you engage with
international human rights?
• Raise awareness – tell people about them!
• Influence the UN Committees
• Hold the government and public bodies to
account
• Campaign and lobby for stronger human rights
protection
• Advocate for human rights
Influencing the committees
•
•
•
•
•
Shadow reporting
Submitting evidence
Meeting the committees
Attending committee sessions as an observer
Assisting the government with drafting their official
reports
• Example – French CAT report example
Extract from Franciscans shadow
report
“Franciscans International would like to draw the attention of
the Committee against Torture to the situation of elderly
persons in institutions and, in particular, to the significant
level of mistreatment that occurs in therein.
Based on a sample of 496 calls received in 2007 concerning
cases of the mistreatment of elderly persons in institutions,
ALMA reveals that 44% of cases of repeated mistreatment
concerned private establishments, whereas at least 36% of the
cases were registered in public institutions.”
The reporting cycle
Holding the state to account
• Rich source of material for lobbying and
campaigning work, e.g.
• Concluding observations
• General comments
• Powerful language
• Example – Participation and Practice of Rights
project
Individual action-planning
• Pick a treaty which is relevant to your work.
• What could you do to engage in the reporting cycle
Think about:
- date of next government report,
- what information you could send to the committee,
what evidence you have,
- who you could partner with
Some tips- table from p19
• Have a look at the website of the relevant committee (via
www.ohchr.org)
• Check the date that the UK is next due to report on the relevant treaty
(see chapter 4).
• Find out if anyone else is planning to produce a report or is interested in
getting involved.
• Have a look at the UK’s previous reports and the concluding observations.
• Can you get hold of a copy of the Government’s official report?
• Identify the issues that you want to raise, and recommendations on how
the situation can be improved.
• Make sure the information you include is clear, relevant and concise.
• Remember to find out how and when to submit your report.
Consultation…
• What would help you or your organisation to use
human rights?
• Would a network of like-minded people help
support you / your organisation to use human rights?
• What barriers are there to using human rights?