Human Rights

HUMAN RIGHTS (1)
All state have ratified one of the nine human rights instruments or treaties
When you ratify an international instrument you assume an obligation under international law.
Every breach of international obligation comes with consequences.
To establish whether a state is in breach of an international law

– Whether the conduct is attributable to the state. Eg when you deploy your soldiers. Citizen
kills a diplomat
– Does it violate any international law
These obligation include

. Obligation to respect.This means that state must refrain from interfering the enjoyment of
human rights. Either your people or anyone subject to the law
. Obligation to protect.This requires state protect individuals and groups against human
rights violations.
. Obligation to Fulfill. This means state must take positive actions to facilitate the enjoyment
of this human rights. positive action are provisions of social amenities, punishment of
people you violate other people rights
INTERNATIONAL PROTECTION OF HUMAN RIGHTS

The traditional idea of international law did not have room for human rights,so the concept of
human rights protection is a sort of a revolution or it emerged out of no where.
The idea of having a universally recognized human rights emerged only after the Second World
War. Previously international law did not have room for human rights.
The turning point for this change of the paradigm is charter of the United Nations. The charter is
referred to as the status point for any study for the protection of human rights universally/global
3
The United Nations and human rights. ( the UN charter
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Preamble; the preamble reaffirms member state faith in fundamental human rights and in the
dignity and wealth of human person
1
Article 1 it speaks about the achievements of international cooperation in promoting and
encouraging respect for human rights and for fundamental freedoms for all without distinction as
to race, sex language or religion.
Article 55 and 56
All member state pledge themselves to take joint and separate actions to ensure human rights.
(Either we act together or individually)
Some argues that the word “pledge” is too lose the correct interpretation is the human
provisions in the charter are binding on state because of membership. Once you’re a member of
the UN it binds on you. (Article 55 and 56 )
The “pledge” connotes a binding force on state.
HUMAN RIGHTS ENFORCEMENT AT THE UNIVERSAL LEVEL OR GLOBAL LEVEL.

The best means of ensuring respect for a human rights is to back it up with legal guarantees to
be administered by the court of law.
( to protect human rights safeguards it in law )
Unfortunately there’s no universal human rights courts.(there is no legal means of enforcing
human rights at the universal level).
There are however two monitoring mechanisms put in place to ensure that human rights are
protected
. Those set-up by the UN and called Charter Based mechanism.
. Those mechanisms established by international treaties (conventions, agreements) and
called treaty based mechanism.
THE CHARTER BASED MECHANISM

Under Article 13 of the charter (the UN constitution) the general assembly can initiate studies
and make recommendations of human rights issues.
Eg they can call rapporteurs (special people trained to report on a certain situation.
(Name and shame)
Article 62 of the UN charter, the ECOSOC (Economic and social council on ) can make
recommendations on human rights , drafts conventions , convene international conferences and
hear reports from various bodies worldwide.
( they try to encourage take to protect and protect human rights)
Under Article 68, the ECOSOC established the Commission on human rights in 1946. it means
charter mandate ECOSOC to force sub bodies like COMMISSION ON HUMAN RIGHTS
But it is now replaced by Human Rights Council.
The reason of it replacement; it had no authorities to deal with complains on violations of human
rights so it was replaced by Human Rights Council.
Now it has monitoring and Enforcement functions.
THE POWERS OF COMMISSION ON HUMAN RIGHTS (functions)

– To examine information relevant to gross violations of human rights and to study situations
which reviews a consistent pattern of violations on human rights and it is called Public
Procedure.( name and shame)
– they also receive communication from individuals and groups alleging human rights
violations . This is confidential procedure.
– They embark the procedure of appointing country or thematic rapporteurs (they hire
experts to report on human rights violations)
Critics
People said their response to some of these reports was politicized.
Eg violations of human rights in USA what are the responses but let is happen to Libya or Ghana
So Politics plays a role in choice and freedom
Particular cases
The commission’s power was restricted to persuasion, public criticism and in the most serious
cases attempt at isolating the offending state like Russia but China No
So with all these happening human right commission was changed to human rights council.

Human Rights

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HUMAN RIGHTS (1)

To establish whether a state is in breach of an international law

These obligation include

INTERNATIONAL PROTECTION OF HUMAN RIGHTS

HUMAN RIGHTS ENFORCEMENT AT THE UNIVERSAL LEVEL OR GLOBAL LEVEL.

THE CHARTER BASED MECHANISM

THE POWERS OF COMMISSION ON HUMAN RIGHTS (functions)

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