Transcript Slide 1
Human Rights Standards and Instruments EQUITAS – International Centre for Human Rights Education – January 2014 What are human rights? The rights a person has, simply because he or she is a human being. • Universal legal guarantees • Protect human values (freedom, equality, dignity) • Inherent to individuals and, to some extent, groups • Grounded in international norms and standards • Legally binding on States Where do human rights come from? Common myths • Human rights = civil and political rights • Economic, social, and cultural rights (e.g., healthcare, housing) are privileges • HR apply only in poor, foreign countries • HR Only concerned with violations • Only lawyers can understand human rights Categories of human rights Civil and political Life, security, integrity, fundamental freedoms… Economic, social & cultural Education, health, work, food, housing, participation in cultural life… Specific groups Women’s right, rights of indigenous peoples, children’s rights, rights of persons with disabilities, rights of migrant workers Collective rights Free determination, development, environment Progressive realization of economic, social and cultural rights The Covenant provides that States can progressively realize ESC rights: • By taking appropriate measures • To the maximum of available resources • Where needed, through international assistance and cooperation Source: UNDAF (HRBA Portal) But some aspects need immediate actions: • Elimination of discrimination • Rights that are not resourcedependent • Obligation to ‘take steps’ and have targeted measures, irrespective of resource constraints • Avoid retrogressive measures • ‘Minimum core obligations’ The Human Rights Protection System What is the difference between a Declaration and a Convention? Declaration - morally binding Convention - legally binding Covenant Treaty What is the foundation of the current human rights system? International Bill of Rights • Universal Declaration of Human Rights (UDHR) • International Covenant on Civil and Political Rights (ICCPR) • International Covenant on Economic Social and Cultural Rights (ICESCR) The implementation steps • Signature • Ratification • Accession Human rights obligations Duty-bearers Right to water Respect Do not disconnect supply without due process Refrain from interfering with the enjoyment of rights Source: UNDAF (HRBA Portal) Protect Pro-poor price regulation when supply is privatized Prevent others from interfering with the enjoyment of rights Fulfill Ensure, over time, everyone is connected Adopt appropriate measures towards full realization of rights Links between national, regional and international protection systems Global and regional protection are complementary Int’l Global and regional norms require national implementation Regional National norms should be consistent with global and regional standards National Source: UNDAF (HRBA Portal) Human rights instruments ICCPR ICESCR CERD CEDAW OPs CRC Other International Instruments (humanitarian, specialized agencies) UN Charter UDHR CRPD CAT CMW CPED Fundamental Labour Conventions Source: UNDAF (HRBA Portal) National Constitutions and Laws Regional instruments The UN human rights system Charterbased Treaty-based Special Procedures Universal Periodic Review CESCR HRC CERD CEDAW CAT CRC CMW CRPD Human Rights Council Links between … Human development AND human rights • Process of enhancing • Claims to be protected people’s capabilities from abuses and • Expand choices and deprivations opportunities • Secure the freedom for • Lead a life of respect a life and dignity and value • Requires capacity that development makes possible Check out…. …Status of ratification …Whether a Country’s pledge to the HRC exists …Recent Treaty Body concluding observations …Recent State reports to Treaty Bodies …Recent visits of Special Rapporteurs or statements and communications on the country …Calendar of upcoming events and SP country visits …Recent outputs of monitoring mechanisms of specialized agency instruments (e.g. ILO supervisory bodies) http://www.ohchr.org/EN/Countries/Pages/HumanRightsintheWorld.aspx Illustrates…. …Status of ratification …Whether a Country’s pledge to the HRC exists …Recent Treaty Body concluding observations …Recent State reports to Treaty Bodies …Recent visits of Special Rapporteurs or statements and communications on the country …Calendar of upcoming events and SP country visits …Recent outputs of monitoring mechanisms of specialized agency instruments (e.g. ILO supervisory bodies)