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What Are Human Rights?What Are Human Rights?

Human rights are those Human rights are those rights that every human rights that every human being possesses and is being possesses and is entitled to enjoy simply by entitled to enjoy simply by virtue of being human. virtue of being human.

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Early Formulations of Early Formulations of Principles Respecting Human Principles Respecting Human DignityDignity

Hindu VedasHindu Vedas Babylonian Code of Babylonian Code of

HammurabiHammurabi The BibleThe Bible The QuranThe Quran Aztec Code of Aztec Code of

NezahualcayolNezahualcayol Iroquois ConstitutionIroquois Constitution

Magna Carta, 1215Magna Carta, 1215 English Bill of Rights, English Bill of Rights,

16891689 French Rights of Man French Rights of Man

and Citizen, 1789and Citizen, 1789 US Bill of Rights, 1791US Bill of Rights, 1791

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The Dynamics of Human RightsThe Dynamics of Human Rights

Greater Greater recognitionrecognition

Better Better enforcementenforcement

to recognizeto recognizeto enforceto enforce ACTIONACTION

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Traumatic Historical Events:Traumatic Historical Events: Worker’s strugglesWorker’s struggles FascismFascism Independence strugglesIndependence struggles World Wars,World Wars,

especially WW II.especially WW II.

History of the UDHRHistory of the UDHR

Inspired the Inspired the Universal Universal Declaration of Declaration of Human Rights Human Rights which formulates which formulates the minimum the minimum standards of human standards of human treatment and treatment and respect.respect.

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Principles of the UDHRPrinciples of the UDHR

The inherent dignity of all The inherent dignity of all members of the human members of the human familyfamily

EqualityEquality A universal standardA universal standard

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Structure of the UDHRStructure of the UDHR Preamble:Preamble: Articles 1-11Articles 1-11 Articles 12-17Articles 12-17 Articles 18-21Articles 18-21 Articles 22-27Articles 22-27 Articles 28Articles 28 Articles 29-30Articles 29-30

Human rights principles

Personal rights

Individual in community

Civil & political rights

Social & economic rights

Realization of rights

Rights & UN objectives

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Assessment of the UDHRAssessment of the UDHR

AchievementsAchievementsLimitationsLimitationsPossibilitiesPossibilities

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International Bill of RightsInternational Bill of Rights

19771977

International Covenant International Covenant on Economic, Social on Economic, Social and Cultural rightsand Cultural rights

International International Covenant on Civil & Covenant on Civil &

Political RightsPolitical Rights

ICESCRICESCRICCPRICCPR

Universal Declaration of Human RightsUniversal Declaration of Human Rights

19481948

UDHRUDHR

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A system of agreement between A system of agreement between states wherestates where Rights Rights are spelled outare spelled out Obligations Obligations of states are spelled outof states are spelled out MechanismsMechanisms to enforce obligations are to enforce obligations are

spelled outspelled out Procedures Procedures to challenge the state are to challenge the state are

providedprovided

International LawInternational Law

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Under its Charter, the UN’s purpose is to protect rights Under its Charter, the UN’s purpose is to protect rights of people everywhereof people everywhere

All member states are bound by this principleAll member states are bound by this principle Treaties between members (covenants or conventions) Treaties between members (covenants or conventions)

spell out special rights and obligationsspell out special rights and obligations Treaties also establish how the agreements will be Treaties also establish how the agreements will be

enforcedenforced They set up means to hold states accountable for their They set up means to hold states accountable for their

behaviors.behaviors.

UN System for Protecting UN System for Protecting Human RightsHuman Rights

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Comparing the Covenants:Comparing the Covenants:ICCPRICCPR ICESCRICESCR

States must “respect States must “respect and completely refrain and completely refrain from” violations of civil from” violations of civil & political rights.& political rights.

Allows for individual Allows for individual complaints.complaints.

Rights better Rights better developed.developed.

States must commit to States must commit to “progressive implementation” “progressive implementation” of social & economic rights.of social & economic rights.

Does not allow for individual Does not allow for individual complaints.complaints.

Rights less developed.Rights less developed.

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Principal Human Rights Principal Human Rights InstrumentsInstruments

UDHR, 1948UDHR, 1948

ICCPR,1977ICCPR,1977

ICESCR, 1977ICESCR, 1977

Other Specialized Other Specialized Conventions, developed since Conventions, developed since 19481948

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1948 UDHR

1966 ICCPRICESCR

Emergence of the Emergence of the UN Human Rights SystemUN Human Rights System

1976 ICCPR & ICESCR ENTER INTO FORCE. . .

1993Vienna Human RightsDeclaration

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Human Rights from Concept to Human Rights from Concept to ConventionConvention

22 Drafted

by a working group

33 Adopted

by the General Assembly 66

Entered into Force

as international law

55 Ratified

by member states

44 Signed

by member states

United NationsUnited Nations

11 Advocatedby concerned

people

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State Responsibility for State Responsibility for Human Rights EnforcementHuman Rights Enforcement

A State Party to a A State Party to a human rights human rights instrument promises:instrument promises:

To promote and protect the rights To promote and protect the rights in the instrument for everyone in in the instrument for everyone in the countrythe country

To To change its national laws to change its national laws to conform to the instrument;conform to the instrument;

To report regularly on its progress To report regularly on its progress in enforcement and conformity.in enforcement and conformity.