INTRODUCING PROTECTION OF HUMAN RIGHTS

21 November 2011

Barbro Svedberg

Exercise Thinking about human rights…..

“Human Rights Square”

Find answer by asking your friends as many of the questions as possible in 10 min

Short reporting

Universal Declaration of Human Rights

human dignity of all people is the foundation of justice and peace in the world

What are human rights?

Universal legal guarantees protecting individuals and groups against actions and omissions that interfere with fundamental freedoms, entitlements and human dignity.

Human rights law obliges Governments (principally) and other duty-bearers to do certain things and prevents them from doing others.

Some characteristics of human rights

Universal

Focus on the inherent dignity and equal worth of all human beings

Are equal, indivisible and interdependent

Cannot be waived or taken away

Impose obligations of action, particularly on States and State actors

Have been internationally guaranteed

Are legally protected

Protect individuals and, to some extent, groups

Some characteristics of human rights

Some characteristics of human rights (cont)

Principle of Non-discrimination

…without any discrimination on grounds such as race, colour, sex, language, political and other opinion, national or social origin, property, birth or other status

Include civil, political, economic, social and cultural rights

There exists no hierarchy among human rights – they are equally important

What kind of human rights obligations are there?

To respect human rights means simple not to interfere with their enjoyment. For instance States should refrain from carrying out forced evictions.

To protect human rights means to take steps to ensure that third parties do not interfere with their enjoyment. For example, states must protect the accessibility of education by ensuring that parents and employers do not stop girls from going to school.

To fulfill human rights means to take steps progressively to realize the right in question. This obligation is sometimes subdivided into obligations to facilitate and to provide for its realization

Conventions

CERD

1965

1969

CAT

1984

1987

CRC

1989

1990

CMW

1990

2003

CEDAW1979

1981

ICCPR

1966

1976

ICESCR

1966

1976

CRPD

2006

2008

CED

2006

ICCPR - Covenant on Civil and Political Rights

ICESCR - Covenant on Economic, Social and Cultural Rights

CERD - Convention on the Elimination of all forms of racial discrimination

CEDAW - Convention on the Elimination of all forms of Discrimination against Women

CAT - Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

CRC - Convention on the Rights of the Child

CMW - Convention on the Protection of the Rights of all Migrant Workers and their Families

CRPD - Convention on the Rights of Persons with Disabilities

CPD - Convention for the Protection of All Persons from enforced Disappearances

one for each treaty

10-23 independent experts

1-3 sessions/year, approx 2-3 weeks

examine reports from Governments

write concluding remarks about the reports

produce”general comments” to explain how to interpret the convention

individual cases (some)

NGOs?

-alternative reports

-general comments

-spread information

-individual cases

ICCPR CAT

CEDAW CERD

CMW

Treaties / Treaty Bodies

MOVIE TIME!

“Bringing Human Rights Home” OHCHR 2010

Reports Procedure: summing up

?????????

Questions

?????????

State writes

answers

State writes report

Pre-session

State presents

report incl. answers

Main session

Concluding observations

(+questions)

State responds

to questions if urgent

Five years later

State writes report

Six months later

Reports?????????

Questions

?????????

State writes

answers

Pre-session

State presents

report incl. answers

Main session

Concluding observations

(+questions)

State responds

to questions if urgent

State writes report

NGOs?

-NGOs write analternative report

-NGOs provide questions

-NGOs present alternative report

-NGOs make comments

-NGOs use concluding observations for campaign and lobby

-informal meetings

Different ways of introducing human rights protection at the national level

Courts

Ombudsmen/National human right instiutions

Legislation – Starting point but the implementation is crucial

National Human Rights Plans of Action

Public sector and civil society

Human rights education

REFLECTION

What are the main human rights obligations addressed in your work?