Introduction to Human

Rights Law
Shishay Tewelemedhn
Defining Human Right
What are Human Rights
Inalienable moral entitlements belonging to all persons equally, by virtue of their
humanity, irrespective of race, nationality, or social group.
The term gained widespread use after WWII, replacing "natural rights."
Reflect a wide variety of values and capabilities shaped by diverse human
circumstances and history.
Conceived as:
 Universal: Applying to all human beings everywhere (though the universality is
sometimes contested).
 Fundamental: Referring to essential or basic human needs.
Based on the core principle of non-discrimination: Every human being is entitled to
enjoy rights without discrimination.
Key Characteristics:

 Inherent: Existing by virtue of being human (not purchased, granted, or earned).

 Inalienable: Cannot be taken away (though subject to qualified legal boundaries in
specific circumstances).
 Equally Applicable: Entitled to everyone.
Inviolable: a right is sacred and must not be violated or infringed upon
NB. "inalienable" focuses more on the inherent and non-transferable nature of a right,
while "inviolable" emphasizes the absolute protection and respect that a right deserves
Implications and Purpose of Human Rights
Importance and scope
• Fundamental implication: Human rights must be protected by law
("the rule of law").
• Disputes about human rights should be adjudicated by competent,
impartial, and independent tribunals.
• Adjudication procedures must ensure full equality and fairness, based
on clear, specific, and pre-existing laws known to the public.
• Historically, the idea of basic rights emerged from the need to protect
individuals against arbitrary state power.
• Initial focus: Rights obliging governments to refrain from certain
actions ("fundamental freedoms").
• Human rights are viewed as essential preconditions for a dignified
human existence, serving as a guide and touchstone for legislation.
• Vertical Effect: Human rights govern the relationship between the
individual and the state.
• Horizontal Effect: Human rights can also have implications for
relations between individuals. Governments have a duty to protect
individuals from infringements by other individuals (e.g., the right to
life implies protection against homicide).
Historical Development (Pre-WWII)
• Roots can be traced to Greek philosophy and various world
religions.
• The 18th-century Enlightenment marked the emergence of
human rights as an explicit category.
• Emphasis on the autonomous individual endowed with
inalienable rights that could be invoked against governments.
Key Precursors (documents codifying rights and
freedoms):

• Magna Carta Libertatum (1215)

• Golden Bull of Hungary (1222)
• Danish Erik Klippings Håndfaestning (1282)
• Joyeuse Entrée (1356, Brabant)
• Union of Utrecht (1579, Netherlands)
• English Bill of Rights (1689)
These documents addressed specific circumstances but lacked a
comprehensive philosophical concept of individual liberty. Freedoms
were often tied to rank or status.
The Enlightenment and its Impact
• The concept of liberty gradually separated from status, becoming a
right of all human beings.
• Significant contributions from Spanish theologians and jurists:

• Francisco de Vitoria (1486-1546)

• Bartolomé de las Casas (1474-1566):
Advocated for the rights of indigenous peoples in colonized territories.
Key Enlightenment Thinkers:

• Hugo Grotius (1583-1645): Father of modern international law.

• Samuel von Pufendorf (1632-1694)
• John Locke (1632-1704): Developed a comprehensive concept of natural
rights (life, liberty, property).
• Jean-Jacques Rousseau (1712-1778): Social contract theory (sovereign
power derived from the people).

• The term "human rights" first appeared in the French Déclaration des
Droits de l’Homme et du Citoyen (1789).
18th and 19th Century
Developments
• Focus on "classic rights" related to individual freedom.
• Growing recognition of government responsibility to improve living conditions
(influenced by the principle of equality in the French Declaration of 1789).
• Inclusion of social rights (employment, welfare, public health, education) in some
constitutions:

• Mexican Constitution (1917)

• Soviet Constitution (1918)
• German Constitution (1919)
Cont’d
• Inter-state disputes concerning minority rights led to humanitarian
interventions and calls for international protection (e.g., Treaty of Berlin
1878).
• The need for international labor standards arose in the late 19th century
due to concerns about competitive disadvantages for countries with
labor legislation.
• This led to early international conventions on labor rights, like the Bern
Convention of 1906 (prohibiting night work for women).
• The International Labour Organisation (ILO) was founded in 1919, further
developing international labor standards. Notably, social rights were first
embodied in international regulations.
Post-WWII and the UN (Rise of IHRL)
• The atrocities of World War II fundamentally challenged the idea that
states had absolute authority over their citizens' treatment.
• The signing of the UN Charter (June 26, 1945) brought human rights into
the realm of international law.
• UN members committed to taking measures to protect human rights
(Article 1, para. 3, and other articles).
• The UN Commission on Human Rights (UNCHR) was established in early
1946.
• The UN General Assembly (UNGA) adopted the Universal Declaration of
Human Rights (UDHR) in Paris on December 10, 1948 (Human Rights Day).
The International Bill of Human
Rights and Regional Deve’ts
• The UDHR, while not a treaty itself, is the earliest comprehensive
international human rights instrument.
• The UNGA requested the UNCHR to develop a legally binding human rights
convention.
• The International Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social and Cultural Rights (ICESCR) 1
were eventually adopted.
• These two Covenants, along with the UDHR, constitute the International Bill
of Human Rights.
• Establishment of supervisory mechanisms to monitor compliance with the
Covenants.
Development of regional human
rights systems

• European system
• Inter-American system
• African system

• These regional systems have significantly impacted human rights

compliance.
Theories of Human Rights &
Classifications
• "Justification" of rights: Philosophical arguments used to defend and
define their existence.
• Public policy often represents compromises between different
philosophical theories.
• International human rights law emphasizes the universality,
indivisibility, and interrelation of all human rights (Vienna Declaration
and Programme of Action (1993), para. 5). Indivisibility means no
right is inherently more important than another.
indivisibility and interrelation
Indivisibility:
• This principle asserts that all human rights are of equal importance
and cannot be ranked in a hierarchy.
• It means that civil and political rights (e.g., freedom of speech, right to
a fair trial) are not superior to economic, social, and cultural rights
(e.g., right to education, right to healthcare), or vice versa
• The full realization of one set of rights cannot be achieved without
the realization of the others. For example, the right to participate in
political life is difficult to exercise if people lack access to education or
healthcare.
Interrelation
• This principle highlights the interdependence and interconnectedness
of human rights.
• It means that the enjoyment of one right often depends on the
enjoyment of others.
• For example, the right to food is related to the right to work, the right
to education, and the right to health. A lack of access to education
can limit employment opportunities, which in turn can affect the
ability to afford food, leading to health problems.
Classic vs. Social Rights
• "Classic" rights: Traditionally associated with state non-intervention (negative
obligations – obligations of result). Examples: Freedom from torture, freedom of
expression.
• "Social" rights: Traditionally associated with state action (positive obligations –
obligations of conduct). Examples: Right to education, right to health.
• This distinction is increasingly seen as inadequate. Many rights have both
negative and positive aspects.
• Classic rights often require state investment (e.g., a fair trial requires a
functioning justice system).
• Social rights also involve state restraint
• This distinction is increasingly blurred as both types of rights often require both
action and non-interference by the state.
Civil, Political, Economic, Social, and
Cultural Rights
Civil Rights:
• Often associated with the first 18 articles of the UDHR and the ICCPR.
• Physical Integrity Rights: Protection from physical violence, torture, inhuman treatment,
arbitrary arrest/detention/exile, slavery/servitude, interference with privacy/ownership,
restrictions on freedom of movement, freedom of thought/conscience/religion.
Distinction from "basic rights":
Basic rights include economic and social rights, while physical integrity rights focus on bodily
and personal freedoms.
• Right to equal treatment and protection under the law: Crucial for realizing other rights.
• Due Process Rights: Right to a public hearing by an independent/impartial tribunal,
presumption of innocence, ne bis in idem (double jeopardy), legal assistance (ICCPR
Articles 9, 10, 14, 15).
Political Rights:

• UDHR Articles 19-21 and the ICCPR.

• Freedom of expression, association, and assembly.
• Right to participate in government.
• Right to vote and stand for election in genuine periodic elections by
secret ballot (ICCPR Articles 18, 19, 21, 22, 25).
Economic and Social Rights
• UDHR Articles 22-26, developed further in the ICESCR.
• Provide conditions for prosperity and well-being.
• Economic Rights: Right to property, work (freely chosen), fair wage,
reasonable working hours, trade union rights.
• Social Rights: Rights necessary for an adequate standard of living:
health, shelter, food, social care, education (ICESCR Articles 6-14).
Cultural Rights:

• UDHR Articles 27-28, ICESCR Article 15, ICCPR Article 27.

• Right to participate in cultural life, share in scientific advancement,
protection of moral/material interests from scientific/literary/artistic
works.
The Alleged Dichotomy and Other Classifications
Debates and Further Classifications
• Traditional view: Fundamental differences between civil/political
rights and economic/social/cultural rights.
• Civil/political rights: Precisely worded, negative obligations,
immediate application.
• Economic/social/cultural rights: Vaguely worded, positive obligations,
progressive realization dependent on resources.
• This led to the argument that civil/political rights are justiciable
(enforceable by courts), while economic/social/cultural rights are not.
• This view has been increasingly challenged. Case law demonstrates
the justiciability of economic, social, and cultural rights.
Fundamental and Basic Rights:

• "Fundamental rights": Rights like the right to life and inviolability of the person.
• are often seen as foundational for a just and democratic society, protecting core
values and principles.
• Examples: Right to life, freedom of speech, freedom of religion, right to a fair trial.
• Distinguishing "basic rights" within the broader category of human rights to
emphasize their priority.
• "Basic rights": Rights addressing primary material and non-material needs for a
dignified existence (life, security, freedom from slavery/torture/unlawful deprivation
of liberty/discrimination, freedom of thought/conscience/religion, access to
nutrition/clothing/shelter/medical care).
• "Participation rights": Right to participate in public life (e.g., elections) or cultural
life; considered fundamental.
Other Classifications:
• Freedoms: Emphasizes protection from oppression and access to basic
necessities (Roosevelt's Four Freedoms: speech/expression, belief, from want,
from fear).
• Civil Liberties: Primarily used in the US context, referring to rights in the US
Constitution (freedom of religion/press/expression/assembly, protection from
privacy interference/torture, right to a fair trial).
• Individual and Collective Rights: Individual rights are the primary focus, but
some are exercised collectively (freedom of association/assembly/religion,
trade union rights). Collective rights can also refer to rights tied to group
membership (e.g., minority rights). Key example of a collective human right:
the right to self-determination. Collective rights cannot infringe on universally
accepted individual rights.
Generations of Rights (Karel Vasak):
• First Generation: Civil and political rights (liberty).
• Second Generation: Economic, social, and cultural rights (equality).
• Third Generation: Solidarity/collective rights (fraternity): right to
development, peace, clean environment. The right to development is
the most established third-generation right. This classification has
been criticized for oversimplifying and creating artificial distinctions.
Sources of Human Rights Law
• International law governs relations between states.
• Unlike domestic law, there is no single legislature or enforcement
institution in international law.
• International law relies on state consent and self-enforcement.
• Enforcement relies on individual or collective actions of other states.
• State consent is expressed through:

• Explicit treaties
• Established and consistent state practice
• Article 38 of the Statute of the International Court of Justice outlines the primary sources:

• International Conventions (Treaties): Legally binding agreements between states,

creating mutual obligations. Human rights treaties create obligations regarding how states
treat individuals within their jurisdiction. Treaties have a degree of primacy in
international law. Over 40 major international human rights conventions exist. Various
titles are used (covenant, convention, protocol). Adopted at universal (UN, ILO, UNESCO)
and regional levels (Council of Europe, OAS, AU).
• International Custom: Evidence of general practice accepted as law.
• General Principles of Law: Principles recognized by civilized nations.
• Subsidiary Means: Judicial decisions and the teachings of highly qualified publicists
(scholars).
International Conventions (Treaties)
• Treaties are contracts between states, imposing legal obligations on states parties.
• A key feature of human rights treaties is that they obligate states regarding the treatment of all
individuals within their jurisdiction.
• While the sources of international law are not strictly hierarchical, treaties often hold a position
of practical primacy.
• Numerous international human rights conventions have been adopted (over 40 major ones).
• These treaties are adopted at both:

• Universal Level: Within the UN system (including specialized agencies like the ILO and
UNESCO).
• Regional Level: By regional organizations like the Council of Europe (CoE), Organization of
American States (OAS), and African Union (AU). These organizations have played a major role in
codifying human rights law.
Universal Conventions and the
UDHR
• Human rights were first addressed in the Covenant of the League of Nations, which led
to the creation of the ILO.
• At the 1945 San Francisco Conference (drafting the UN Charter), a proposal for a
"Declaration on the Essential Rights of Man" was deferred for further consideration.
• The UN Charter itself emphasizes "promoting and encouraging respect for human
rights and for fundamental freedoms for all without distinction" (Article 1, para. 3).
• The concept of an "international bill of rights" emerged, leading to the adoption of the
Universal Declaration of Human Rights (UDHR) in 1948.
• The UDHR, adopted by a UNGA resolution, is not a treaty but a foundational document.
• The UNGA also tasked the UN Commission on Human Rights with preparing a legally
binding human rights convention. Initial efforts to create a single convention were
hampered by differing economic and social philosophies.
Chapter Two: Human Rights Systems :
( Substantive Rights, Institutions and Procedures)
• The UN Charter (June 26, 1945): Established a new peaceful world order
after WWII.
• Primary aim: To save succeeding generations from war and maintain
international peace and security.
• Respect for human rights was a significant, though initially ambivalent,
element.
• The Charter marked a move towards the internationalization of human
rights and their role in establishing post-war peace.
• Compared to the Dumbarton Oaks proposals (1944), the Charter included
more extensive references to human rights, albeit with less imperative
language.
Human Rights Provisions in the UN
Charter
• Seven key provisions address human rights:
• Preamble (Paragraph 3): Reaffirms faith in fundamental human rights, dignity,
worth of the human person, and equal rights of men and women and of nations
large and small.
• Article 1(3): States that one of the purposes of the UN is to achieve
international cooperation in promoting and encouraging respect for human rights
and fundamental freedoms for all without distinction as to race, sex, language, or
religion.
• Articles 55 and 56: Focus on international economic and social cooperation to
create conditions for stability and well-being, promoting universal respect for
human rights and fundamental freedoms. Article 56 outlines that all members
pledge to take joint and separate action in cooperation with the organization for
the achievement of the purposes set forth in Article 55
Con’d
• Article 76(c): Addresses the international trusteeship system, stating
one of its basic objectives is to encourage respect for human rights
and fundamental freedoms.
• Article 13(1)(b): Assigns the General Assembly the task of initiating
studies and making recommendations for promoting international
cooperation in realizing human rights and fundamental freedoms.
• Article 62(2) and (3): Entrusts the Economic and Social Council
(ECOSOC) with making recommendations for promoting respect for
human rights and preparing draft conventions for submission to the
General Assembly.
Cont’d
• Article 68: Provides for ECOSOC to set up commissions, including
one for the promotion of human rights.
• While the Charter's human rights provisions are more extensive than
those of the League of Nations Covenant, they are also characterized
by some ambivalence and vagueness due to compromises made
during the San Francisco Conference.
The Universal Declaration of Human
Rights (UDHR): A Milestone
• Envisioned as the first component of the International Bill of Human
Rights.
• Drafted by the Commission on Human Rights, starting in 1947, with a
drafting committee chaired by Eleanor Roosevelt.
• Adopted by the UN General Assembly on December 10, 1948 (Human
Rights Day) in Paris (Resolution 217(III)). 48 votes in favor, none
against, 8 abstentions.
• Resolution 217(III) has five parts: the Declaration text (Part A), Right
of Petition (Part B), Fate of Minorities (Part C), Publicity (Part D), and
preparation of a Draft Covenant (Part E).
The UDHR Preamble: Philosophical
Foundations
• Key message: Recognition of inherent dignity and equal and inalienable rights of
all members of the human family is the foundation of freedom, justice, and peace.
• References inherent human dignity and inalienable rights as the philosophical
basis.
• Calls for intercultural consensus on the understanding of rights and freedoms.
• Recalls the pre-1945 context, noting that disregard for human rights led to
"barbarous acts which have outraged the conscience of mankind."
• Announces a world where human beings enjoy freedom of speech, belief, and
freedom from fear and want (echoing Franklin D. Roosevelt's Four Freedoms).
• Affirms the right of people to resist oppressive governance when human rights are
not protected by the rule of law.
• Recognizes the Declaration as a "common standard of achievement for all peoples
and all nations," establishing a common ideal and normative reference for the new
international order.
UDHR: Structure and Guiding
Principles
• Structure: Preamble + 30 articles (operative part).
• Operative Part – Three Groups of Provisions:

• Article 1: Philosophical foundation – "All human beings are born free and
equal in dignity and rights."
• General Principles:
• Article 2: Equality and non-discrimination (fundamental principle of human
rights law).
• Article 28: Right to a social and international order where the Declaration's
rights can be realized (duties of States).
• Article 29: Duties of everyone to the community and permissible
limitations on rights.
• Article 30: Prohibition of activities aimed at destroying the rights and
Substantive Rights in the UDHR (Civil, Political,
Economic, Social, and Cultural)
• Articles 3-27: Fundamental civil, political, economic, social, and cultural rights.
• Civil and Political Rights (Articles 3-21):
• Right to life, liberty, and security.
• Freedom from slavery and servitude.
• Freedom from torture and inhuman treatment.
• Right to recognition as a person before the law.
• Freedom from arbitrary arrest, detention, or exile.
• Right to equal protection of the law.
• Right to an effective remedy.
• Right to a fair trial.
• Right to privacy.
• Freedom of movement and residence.
• Right to nationality.
• Freedom of thought, conscience, and religion.
• Freedom of opinion and expression.
• Freedom of assembly and association.
• Right to property.
• Right to participate in government
Economic, Social, and Cultural Rights
(Articles 22-27):
• Right to social security.
• Right to work.
• Right to rest and leisure.
• Right to an adequate standard of living.
• Right to education.
• Right to participate in cultural life.
• The inclusion of socioeconomic rights was a significant innovation,
despite controversies about their legal character at the time.
The International Covenants (From Declaration
to Covenants: Making Rights Binding)
• Following the UDHR, the Commission on Human Rights began work
on legally binding instruments.
• The UN General Assembly tasked the Commission with preparing an
"international bill of rights."
• The International Bill of Rights comprises the UDHR, the International
Covenant on Economic, Social and Cultural Rights (ICESCR), and the
International Covenant on Civil and Political Rights (ICCPR) and its two
Optional Protocols.
The Two Covenants: A Controversial
Split
• Originally, the Commission proposed one single convention.
• The US and other Western countries advocated for two separate covenants.
• Arguments for separation: Differences in enforceability and monitoring
mechanisms.
• This decision has been questioned in hindsight, as it can de-emphasize the
interconnectedness of human rights.
• Subsequent treaties and instruments have adopted a more holistic approach,
addressing civil, cultural, economic, political, and social rights together (e.g.,
conventions on refugees, racial discrimination, women, children, minorities).
• Despite being separate documents, UN resolutions and documents
emphasize that the Covenants belong together and should be seen as a
whole.
• As of January 2001, 146 states were parties to the ICCPR and 142 to the
Similarities Between the Covenants
Shared Principles in the Covenants
• Despite being separate documents, the ICCPR and ICESCR share some
key provisions:
• Right to self-determination (Article 1 in both).
• Principle of non-discrimination (Article 2 in both).
• Similar "safeguard clauses" preventing the use of rights to justify
the destruction of other rights (Article 5 in both).
The International Covenant on Civil
and Political Rights (ICCPR)
• Contains 53 articles, 27 of which are normative.
• Includes two Optional Protocols:

• First Optional Protocol (adopted with the Covenant in 1966):

Establishes a procedure for individual complaints.
• Second Optional Protocol (adopted in 1989): Aims at the abolition of
the death penalty.

• As of January 2001: 98 states were parties to the First Optional Protocol

and 45 to the Second.
Human Rights Committee: Established under Article
28.

• 18 members, nominated and elected by states parties, serving in

their individual capacity.
• Mandate:
• Consider state reports.
• Consider inter-state complaints.
• Handle individual complaints under the First Optional Protocol.
The International Covenant on Economic,
Social and Cultural Rights (ICESCR)
• Contains 31 articles, with the first 15 being normative and the rest
procedural.
• Normative articles set out fundamentals for individual well-being and
prosperity.
• Article 2: States parties undertake to take steps "to the maximum of
its available resources, with a view to achieving progressively the full
realization of the rights recognized in the present Covenant."
Cont’d
• Article 11: Recognizes the right to an adequate standard of living,
including food, clothing, housing, and continuous improvement of
living conditions.
• The Committee has noted a "disturbingly large" gap in the realization
of these rights in many parts of the world.
• Enforcement and measurement of state obligations under the ICESCR
have been subject to debate.
Key principles that apply:

• Non-discrimination.
• Interdependence of rights: The enjoyment of economic, social, and
cultural rights is often linked to the exercise of civil and political rights
(e.g., cultural rights and freedom of association/religion/expression).

• Growing international recognition of the importance of economic,

social, and cultural rights, particularly in preventing alienation,
polarization, and violent conflict.
Monitoring the ICESCR (The Committee
on Economic, Social and Cultural Rights)
• Unlike the ICCPR, the ICESCR did not initially establish a separate treaty
body.
• Originally, the Economic and Social Council (ECOSOC) was responsible
for supervision, delegating the work to a group of government experts.
• In 1985, ECOSOC established the Committee on Economic, Social and
Cultural Rights.
• 18 members, elected by ECOSOC from candidates nominated by
states parties, serving four-year terms in their individual capacities.
• Meets twice a year for three-week sessions.
• Main function: Examination of state reports (like other treaty bodies).
Beyond the Covenants: Specific
Human Rights Treaties
• While the UDHR and the two Covenants provide a broad framework, specific treaties
address particular forms of human rights violations or focus on vulnerable groups.
• These treaties provide more detailed obligations and often establish specific
monitoring mechanisms.
• This presentation will focus on four key treaties:

• International Convention on the Elimination of All Forms of Racial Discrimination

(CERD)
• Convention on the Elimination of Discrimination against Women (CEDAW)
• Convention against Torture (CAT)
• Convention on the Rights of the Child (CRC)
International Convention on the Elimination
of All Forms of Racial Discrimination (CERD)
• Adopted by the General Assembly in 1965, entered into force in 1969
(before the two Covenants).
• As of January 2001: 156 states parties.
• First UN human rights instrument (outside the Charter) to establish an
international monitoring system, including an individual complaints
procedure.
• Drafted primarily by the General Assembly, with input from other
bodies.
• A priority for newly independent states in the early 1960s.
Cont’d
• 25 articles, with the first seven being normative.
• Article 1: Provides a broad definition of racial discrimination, including
discrimination based on race, color, descent, or national or ethnic
origin.
• States are obligated to criminalize the dissemination of ideas based
on racial superiority/hatred and participation in racist
organizations/activities. The Committee emphasized effective
enforcement of these laws.
CERD: Monitoring and Procedures
• Part II (Articles 8-16) deals with monitoring procedures.
• Committee on the Elimination of Racial Discrimination (CERD):
• 18 independent experts, nominated and elected by states parties.
• Examines and comments on state reports (initial report one year
after entry into force, then every two years).
• Competent to handle inter-state complaints (though none have
been filed so far).
• Empowered to conduct inquiries and facilitate conciliation for
amicable dispute resolution.
Convention on the Elimination of
Discrimination against Women (CEDAW)
• Equal rights of women and men are a fundamental principle in the UN Charter and
other human rights instruments (e.g., Charter Articles 1(3) and 55, UDHR Articles 1
and 2, both Covenants).
• Despite this, implementation of gender equality has been slow.
• The UN established the Commission on the Status of Women (1946) and adopted
several instruments on women's rights (including within the ILO).
• 1967: General Assembly adopted the Declaration on the Elimination of Discrimination
Against Women.
• 1975: World Conference of the International Women’s Year (Mexico City) called for a
convention with effective implementation procedures.
• Adopted by the General Assembly in 1979, entered into force in 1981.
• As of January 2001: 165 states parties.
CEDAW: Key Provisions and Focus
• 30 articles, with the first 16 being normative.
• Article 1: Detailed definition of discrimination against women, inspired by
the CERD definition.
• Addresses the deep-rooted exclusion and restrictions faced by women due
to their sex.
• Identifies key areas of discrimination:
• Political and civil rights.
• Economic rights and employment.
• Calls for equal rights regardless of marital status.
• Requires national legislation to ban discrimination.
• Allows for temporary special measures to accelerate gender equality.
Con’d
• Recognizes the need to address social, cultural, and traditional
patterns that perpetuate gender stereotypes and promote equal
rights and responsibilities in all spheres, including within the family.

• Covers equal rights in political and public life, education, employment,

healthcare access, finance, and other economic and social rights.
• Emphasizes eliminating discrimination in marriage and family matters
and the importance of social services, especially childcare, for
women's full participation in public life.
CEDAW: Addressing Gender-Based
Violence and Other Issues
• While not explicitly addressed in the Convention itself, the
Committee on the Elimination of Discrimination against
Women has addressed gender-based violence in its General
Recommendation 19, including it within the prohibition of
gender-based discrimination.
• 1993: The General Assembly adopted the Declaration on the
Elimination of Violence Against Women, further reinforcing
this focus.
• Growing concern about trafficking in women and
exploitation of prostitution (Article 6 of the Convention).
CEDAW: The Monitoring Committee
• Committee on the Elimination of Discrimination against Women:

• 23 members, nominated and elected by states parties, serving in

their personal capacity.
Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
(CAT)
• Despite international condemnation, torture remains a persistent problem.
• International law consistently prohibits torture:

• UDHR Article 5: "No one shall be subjected to torture or to cruel, inhuman or

degrading treatment or punishment."
• 1949 Geneva Conventions (Common Article 3): Prohibits "cruel treatment and
torture" and "outrages upon personal dignity, in particular humiliating and
degrading treatment."
• 1955: Standard Minimum Rules for the Treatment of Prisoners (UN Congress on
the Prevention of Crime and the Treatment of Offenders): Provides guidelines for
humane treatment of detainees and prohibits cruel, degrading, or inhuman
treatment or punishment.
cont’d
• 1966: ICCPR explicitly prohibits torture.
• 1975: Declaration on the Protection of All Persons from Being Subjected
to Torture.
• 1979: Code of Conduct for Law Enforcement Officials prohibits torture.
• 1982: Principles of Medical Ethics relevant to the role of health personnel
in protecting detainees from torture.

• Adopted by the General Assembly on December 10, 1984, entered into

force in 1987.
• As of January 2001: 122 states parties.
CAT: Key Provisions and Definition
• Builds upon previous instruments.
• Article 1: Defines torture as any intentional act inflicting severe
physical or mental pain or suffering, inflicted by or at the instigation of
or with the consent or acquiescence of a public official or other
person acting in an official capacity, for specific purposes (obtaining
information/confession, punishment, intimidation/coercion,
discrimination).
• A controversial clause was added explicitly precluding pain or
suffering arising from lawful sanctions (Article 1).
CAT: Monitoring and Implementation
• Committee Against Torture:

• 10 members, nominated and elected by states parties, serving in

their personal capacity.
Convention on the Rights of the
Child (CRC)
• Children's welfare has been a UN concern since its inception.
• 1924: League of Nations adopted the Declaration of the Rights of the
Child.
• 1946: UN established UNICEF.
• 1948: UDHR Article 25 recognizes children's right to special care and
assistance.
• 1959: UN adopted the Declaration of the Rights of
Con’d
• 1979 (International Year of the Child): The Commission on Human Rights
began drafting a convention.
• Adopted by the General Assembly in 1989, entered into force in 1990.
• Achieved near-universal ratification (as of January 2001, 190 states parties,
with only the US and Somalia not having acceded).
• 54 articles, with the first 42 being normative.
• Holistic approach: Includes civil, political, economic, social, and cultural rights,
all crucial for a child's dignity and harmonious development.
• Article 1: Defines a child as "every human being below the age of eighteen
years unless under the law applicable to the child, majority is attained
earlier."
CRC: Guiding Principles
• Four guiding principles emphasized by the Committee on the Rights of the Child:

• Non-discrimination (Articles 2 and 4): Every child enjoys the rights in the
Convention without discrimination of any kind.
• Best Interests of the Child (Article 3): The best interests of the child shall be a
primary consideration in all actions concerning children.
• Right to Life, Survival, and Development (Article 6): Encompasses not only
protection against being killed but also the right to survival and development to
the fullest extent possible.
• Child Participation (Article 12): Children capable of forming their own views
have the right to express those views freely in all matters affecting them, with
due weight being given to their views in accordance with their age and maturity.
CRC: The Monitoring Committee
• Committee on the Rights of the Child:
• Originally composed of 10 members, later expanded to 18 (though
the amendment was not yet in force as of January 2001).
• Members are nominated and elected by states parties but serve in
their personal capacity.
Conclusion: The Importance of
Specific Treaties
• These specific human rights treaties provide critical protection against
particular forms of abuse and discrimination.
• They strengthen the broader human rights framework established by
the UN Charter, UDHR, and the two Covenants.
• The monitoring mechanisms established under these treaties play a
vital role in ensuring state accountability and promoting the effective
implementation of human rights standards.
• These treaties, with their specific focus and monitoring bodies,
represent a significant advancement in international efforts to protect
human rights globally.
Limitations on Human Rights Obligations:
Reservations, Declarations, Restrictions, and
Derogations
• Qualifying State Commitments to Human Rights Treaties
States may seek to limit the domestic application of treaties through:

Reservations
Declarations (including interpretative declarations)
Restrictions (limitations)
Derogations

While unconditional participation is ideal, these mechanisms reflect the

complexities of international relations and domestic legal systems.
Reservations: Definition and Purpose
Reservations: Excluding or Modifying Treaty
Obligations

• A reservation is a statement by a state aiming to exclude or alter the

legal effect of specific treaty provisions in their application to that
state.
• Purpose: To enable states to participate in treaties they might
otherwise be unable or unwilling to join.
Reservations: The Vienna Convention and ICJ
Guidance
Legal Framework for Reservations
• ICJ Advisory Opinion on the Genocide Convention (1951): "Object and
purpose of the Convention limit both the freedom of making reservations and
that of objecting to them."
• Codified in Article 19 of the Vienna Convention on the Law of Treaties (VCLT):

• A state may make a reservation unless:

• The treaty prohibits reservations.
• The treaty allows only specified reservations (which don't include the one
in question).
• The reservation is incompatible with the object and purpose of the treaty.
Acceptance and Objections to
Reservations
• Unless expressly permitted by the treaty, a reservation's
effectiveness depends on acceptance by other states parties.
• Any state party can object to a reservation.
• A reservation is generally considered accepted if no
objection is raised within 12 months of notification (Article
20(5) VCLT).
• Unfortunately, silence is often the common response, rarely
due to conscious deliberation.
Concerns Regarding Reservations
• UN Commission on Human Rights: Reservations should be "as
precisely and narrowly as possible" (Resolution 1998/9).
• Reservations may indicate a state's inability or unwillingness to meet
international standards.
• General reservations can encourage similar reservations by other
states, weakening the treaty's overall effectiveness.
• Extensive reservations can violate established principles, such as
Article 27 VCLT: "A party may not invoke the provisions of its domestic
law as justification for its failure to perform a treaty."
Specific Examples and Jurisprudence
on Reservations
• Article 57(1) of the European Convention on Human Rights (ECHR):
Prohibits "reservations of a general character."
• European Court of Human Rights cases:

• Belilos v. Switzerland (1988): Addressed general reservations.

• Loizidou v. Turkey (1995): Held that reservations cannot be made to
procedural or formal aspects of the Convention.
Inter-American Court of Human
Rights Advisory Opinions:
• Advisory Opinion No. 2: "Effect of Reservations on the Entry into
Force of the American Convention on Human Rights."
• Advisory Opinion No. 4: "Proposed Amendments to the Naturalization
Provisions of the Constitution of Costa Rica."
• These opinions state that reservations cannot weaken the
Convention's protection system.
Cont’d
• CEDAW has been subject to many reservations, some incompatible
with its object and purpose.
• Treaty monitoring bodies (e.g., CEDAW Committee, Human Rights
Committee) have taken a view on the validity of reservations (not
explicitly provided for in the VCLT).
• Human Rights Committee General Comment 24: Reservations must
be specific and transparent, referring to a particular provision and
indicating its precise scope.
Declarations: Definition and Types
Declarations: Clarifying Interpretation
• Statements by states regarding their understanding or interpretation
of treaty provisions.
• Types of declarations:
• Declarations concerning the extent of being bound by a provision
(e.g., Article 41 ICCPR on the Human Rights Committee's competence
to receive state complaints).
• Interpretative declarations (understandings): Indicate how a state
interprets a particular article without intending to modify or limit it.
Distinguishing Reservations from Declarations
Reservations vs. Interpretative Declarations?
• VCLT is silent on interpretative declarations.
• Key difference: The state's intention.

• Reservation: Seeks to exclude or modify a provision's legal effect.

• Interpretative declaration: Seeks only to clarify meaning or scope.

• The intention, not the form or title, determines whether a statement

is a reservation or a declaration.
Restrictions (Limitations): General
Principles
• Restrictions (Limitations): Balancing Rights and Public Interests

• Most human rights are not absolute and can be subject to limitations.
• Restrictions must be used to define the proper scope of a right, not to
undermine or destroy it.
• Proportionality is key: A balance must exist between the restriction
and the reason for it.
General Limitation Clauses and
Safeguards
• Examples of general limitation clauses:

• Article 4 ICESCR: Limitations must be determined by law, compatible with the

nature of the rights, and solely for promoting general welfare in a democratic society.
• Article 32(2) ACHR: Rights are limited by the rights of others, the security of all, and
the just demands of the general welfare in a democratic society.
• Article 27(2) African Charter: Rights are exercised with due regard to the rights of
others, collective security, morality, and common interest.

• Safeguard against abuse: Article 5 ICCPR prohibits using the Convention to justify
destroying or unduly limiting rights.
Specific Limitation Clauses and
Requirements
• Most treaties contain specific limitations in individual articles, using terms
like:
• "Prescribed by law"
• "In a democratic society"
• "Public order (ordre public)"
• "Public health"
• "Public morals"
• "National security"
• "Public safety"
• "Rights and freedoms of others"
• Some rights (e.g., freedom from torture, slavery) have no permissible
limitations.
Minimum requirements for valid limitations:
• Must not jeopardize the essence of the right.
• Must be interpreted strictly.
• Must be prescribed by law and compatible with the treaty's object
and purpose.
• Must be necessary (pressing social need, assessed case-by-case,
consistent with other rights).
• Must be justified by well-defined public interests (national security,
public safety, public order, health, morals, rights of others).
The Siracusa Principles
• Most of these requirements have been developed by academia and
the jurisprudence of major human rights bodies.
• In this regard it is important to bear in mind the Siracusa Principles
on the limitation and derogation provision in the International
Covenant on Civil and Political Rights.
• The Siracusa Principles were adopted by a group of 31 distinguished
experts in international law convened by the International
Commission of Jurists, who met in Siracusa, Sicily in 1984.
In General
• In sum, any restriction on the enjoyment of the
rights enshrined in human rights instruments
must be legally established, non-discriminatory,
proportional, compatible with the nature of the
rights, and designed to further the general
welfare.
 Derogations: Definition and Rationale
Suspending Treaty Obligations in Emergencies
• Temporary suspension of certain treaty obligations during exceptional
circumstances.
• Must be exceptional and temporary.
• Examples of derogation clauses: Article 15 ECHR, Article 27 ACHR,
Article 31 European Social Charter.
• Some treaties have no derogation clauses (e.g., CRC, ICESCR, African
Charter).
• Rationale: Balancing state's right to maintain order during
emergencies with individual rights protection.
Criteria for Valid Derogations
• Existence of a war or public emergency threatening the life of the nation.
• Official proclamation of the state of emergency.
• Measures must be strictly required by the situation (proportionality).
• Measures must not be inconsistent with other international law
obligations.
• Measures must not be discriminatory solely on grounds of race, color,
sex, language, religion, or social origin.

• States must immediately provide justification for the state of emergency

and the specific derogation measures.
Non-Derogable Rights: Absolute
Protections
• Some rights can never be limited or derogated from, even during a public
emergency.
• Often referred to as "notstandsfest" (German term).
• Examples (as per Article 4(2) ICCPR, Article 15(2) ECHR, Article 27(2) ACHR
and customary international law):
• Right to life (with some specific exceptions)
• Freedom from slavery
• Freedom from torture
• Freedom from imprisonment for debt
• Principle of legality in criminal law (no retroactive criminal laws)
• Freedom of thought, conscience, and religion
• Right to recognition as a person before the law (juridical personality)
Further Guidance on Derogations
• The Human Rights Committee's General Comment 29 provides
detailed conditions for derogations under the ICCPR and elaborates
on non-derogable rights.
• The Committee clarifies that Article 4(2) ICCPR does not provide an
exhaustive list of non-derogable rights; elements of other rights might
also be non-derogable.
• The 1991 Moscow meeting of the CSCE (now OSCE) emphasized that
a state of public emergency must be justified by "the most
exceptional and grave circumstances" and cannot be used to subvert
democratic order or destroy internationally recognized human rights.
Balancing Act: State Prerogatives
and Human Rights Protection
• Reservations, declarations, restrictions, and derogations represent mechanisms
that attempt to balance state sovereignty with international human rights
obligations.
• These mechanisms are subject to strict legal criteria to prevent abuse and ensure
that human rights protection remains effective.
• The burden of proof lies with states to justify any limitations or derogations they
impose.
• The jurisprudence of human rights bodies and scholarly work (like the Siracusa
Principles) provide valuable guidance on the interpretation and application of
these concepts.
• Ultimately, the goal is to uphold human rights while acknowledging the legitimate
needs of states in specific circumstances.
Institutions and Procedures
• There are two distinctive types of supervisory mechanism:
• a) Treaty-based mechanism: supervisory mechanisms enshrined in
legally binding human rights instruments or conventions. Within the
UN framework these mechanisms are often called ‘treaty bodies’,

• e.g., the Human Rights Committee and the Committee on the Rights
of the Child. The African Commission and future Court on Human and
Peoples’ Rights, the European Court and commission of Human Rights
and the Inter-American Court and Commission of Human Rights are
also treaty bodies.
Cont’d
• b) Non-treaty- based mechanisms: supervisory mechanisms not based on legally
binding human rights treaty obligations. Generally, this type of mechanism is
based on the constitution or charter of an intergovernmental human rights
forum, or on decisions taken by the assembly or a representative body of the
forum in question.

• Under the UN framework, the non-treaty-based mechanisms are referred to as

‘charter-based’ mechanisms, which include the 1503 procedure and the country
mandates. The European Commission against Racism and Intolerance under the
Council of Europe is also an example of a regional non-treaty based mechanism.

•
Treaty-Based Mechanisms for Human Rights
Monitoring
Monitoring Human Rights Compliance
• Mechanisms enshrined in legally binding human rights treaties.
• Often called "treaty bodies" within the UN system (e.g., Human Rights
Committee, Committee on the Rights of the Child).
• Regional examples: African Commission/Court, European
Court/Commission, Inter-American Court/Commission.
• Key treaties with supervisory bodies:
• ICESCR, ICCPR, CERD, CEDAW, CAT, CRC, CMW
Cont’d
• Members are independent experts with high moral character and
recognized competence, acting in their personal capacity (not as
government representatives).
• CERD (1965) was the first universal human rights treaty with a
supervisory mechanism, serving as a model for later treaties.
• Treaty bodies (except CESCR) are not UN organs but derive their
status from the respective treaties.
• States parties hold regular meetings to discuss treaty-related issues,
mainly regarding treaty body member elections.
Categories of Treaty-Based
Procedures (4 main catagories)
•Reporting procedures
•Inter-state complaint procedure
•Individual complaint procedure
•Inquiries and other procedures
Reporting Procedures: The Core of
Monitoring (A Dialogue with States)
• Most human rights treaties establish a system of periodic reporting.
• States parties submit reports on their implementation of the treaty at the
domestic level.
• Example (ICCPR Article 40): States Parties submit reports on measures adopted to
give effect to recognized rights and progress made in their enjoyment.
• UN treaty bodies have formulated general guidelines for report form and content
(HRI/GEN/2/Rev.2) and their own rules of procedure (UN HRI/GEN/3/Rev.1).
• The supervisory body analyzes the report, provides comments, and may request
further information.
• Goal: To facilitate a "dialogue" between the supervisory body and the state party.
Reporting Procedures: Information
Sources and Outcomes
• Report quality varies: Some are credible, others less so. Reports
reflect the state's perspective.
• Treaty bodies receive information from various sources:

• NGOs
• UN agencies
• Other intergovernmental organizations
• Academic institutions
• The press
Cont’d
• External information is crucial for informed decision-making. NGOs
and UN agencies provide valuable alternative perspectives.
• NGOs increasingly submit "alternative reports" to counterbalance
state reports.
• Committees examine reports with government representatives and
issue "concluding observations" (concerns and recommendations).
Treaty Articles on Reporting
Procedures
• Reporting procedures are included in:

• ICESCR: Article 16
• ICCPR: Article 40
• CERD: Article 9
• CAT: Article 19
• CRC: Article 44
• CEDAW: Article 18
• CMW: Article 73
Inter-State Complaint Procedure:
Rarely Used
• Some treaties allow states parties to initiate complaints against other
states for non-compliance.
• Usually requires both states to have recognized the supervisory
body's competence to receive such complaints.
• Examples:

• ICCPR: Article 41
• CAT: Article 21
• CERD: Article 11
Cont’d
• Rarely used in practice due to:

• Delicate inter-state relations.

• Potential for reprisals.
• Many states not recognizing the competence of supervisory bodies
to receive these complaints.
Individual Complaint Procedure:
Empowering Individuals
• Allows individuals to hold governments directly accountable before
international bodies.
• Requirements for individual complaints:
• The state must have ratified the relevant treaty.
• The alleged violation must be covered by the treaty.
• All domestic remedies must have been exhausted.
Individual Complaint Mechanisms in
UN Treaties
• Individual complaint mechanisms exist under:

• First Optional Protocol to the ICCPR

• CAT: Article 22
• Optional Protocol to CEDAW
• CERD: Article 14
• CMW: Article 77
Cont’s
• Complaints can only be brought against states that have recognized
the committee's competence (through optional protocols or
declarations).
• Any individual under a state party's jurisdiction can lodge a complaint.
• No formal time limit for filing after the alleged violation, but
complaints should be submitted as soon as possible after exhausting
domestic remedies.
 Individual Complaint Procedure:
Stages and Outcomes
• Similar design and operation across different UN treaties, with some
procedural variations.
• Process:

• Complaint submitted (must meet basic requirements).

• Case registered and transmitted to the state party for comments.
• State provides observations within a set timeframe.
Two main stages:
1. Admissibility: Formal requirements are checked.
2. Merits: The committee decides whether a violation occurred.

• The alleged victim has the opportunity to comment on the state's

response.
• Committee makes a decision (no appeal).
• If a violation is found, the committee invites the state to provide
information on steps taken to implement the findings.
• If the state party fails to respond, the committee may take a decision
based on the original complaint.
Inquiries and Other Procedures:
Proactive Monitoring
• Includes procedures not covered by reporting or complaints.
• Often involve inquiries aimed at preventing violations or promoting
compliance.
• Supervisory bodies generally play a passive role, relying on submitted
information.
• Recently, mechanisms have been established where independent
persons/groups can initiate action based on information received or
on their own initiative.
Examples:
• In loco visits to gather information (sometimes as part of a regular
visit program).
• Articles 126 and 132 of the Third Geneva Convention (1949) and
Article 143 of the Fourth Geneva Convention (on-site visits to places
of internment/detention).
• International Fact-Finding Commission under Article 90 of Protocol I
to the Geneva Conventions.
 Conclusion: A Multifaceted System
• Treaty-based mechanisms are crucial for monitoring compliance with
international human rights standards.
• The different procedures (reporting, inter-state/individual complaints,
inquiries) provide a multifaceted approach to ensuring accountability.
• These mechanisms empower individuals and contribute to the
effective implementation of human rights treaties.
Non-Treaty Based (Charter-Based) Human Rights
Mechanisms
Utilizing the UN Charter for Human Rights Protection
• Charter-based mechanisms derive their authority directly from the
UN Charter.
• They complement treaty-based mechanisms by addressing broader
human rights issues and situations not necessarily covered by specific
treaties.
• They are generally more political in nature, involving
intergovernmental bodies and discussions.
The International Court of Justice
(ICJ): The Principal Judicial Organ
• Principal judicial organ of the UN.
• Its Statute is an integral part of the UN Charter; all UN member states are ipso facto
parties to the Statute.
• Jurisdiction:

• Only states can be parties in cases before the ICJ.

• Jurisdiction comprises all cases referred to it by the parties.
• States can declare compulsory jurisdiction in legal disputes concerning:
• Interpretation of a treaty.
• Any fact constituting a breach of international obligation.
• Nature or extent of reparation for a breach.
Cont’d
• Advisory Opinions: The General Assembly or Security
Council can request advisory opinions on legal
questions. Other UN organs and specialized agencies
can also request opinions if authorized by the General
Assembly.
• Some human rights instruments allow disputes to be
submitted to the ICJ, but neither the ICCPR nor the
ICESCR specifically provide for this.
The Security Council: Maintaining Peace and Security

The Security Council and Human Rights

• Primary responsibility for maintaining international peace and security (UN
Charter).
• Can investigate any dispute or situation that might lead to international
friction or endanger peace and security. Any UN member can bring a
dispute to the Council's attention.
• When the Security Council determines a threat to peace, breach of peace,
or act of aggression, it can:
• Make recommendations.
• Decide on measures to maintain or restore peace and security (e.g.,
economic sanctions, interruption of communications, severance of
diplomatic relations, use of force).
Cont’d
• The Security Council has addressed human rights issues in various
contexts, including:
• Apartheid in South Africa.
• Situations in Somalia, Haiti, Yugoslavia, and Rwanda.
• The situation in the occupied Arab territories.
• Instances of hostage-taking and abduction.
The General Assembly: Initiating
Studies and Making Recommendations
• Initiates studies and makes recommendations to assist
in the realization of human rights and fundamental
freedoms.
• Human rights matters are usually referred to its Third
Committee (Social, Humanitarian, and Cultural).
• Established several subsidiary organs concerned with
human rights:
Subsidiary Organs of the General
Assembly (Part 1)
• GA Subsidiary Organs: Promoting Human Rights

• (a) The International Law Commission (ILC):

• Promotes the progressive development and codification of international law.

• Prepared several key human rights instruments, including:
• Genocide Convention
• Refugee Convention
• Conventions on Stateless Persons
• Declaration on Territorial Asylum
• Statute of the UNHCR
Cont’d
• (b) The Office of the United Nations High Commissioner for Refugees
(UNHCR):

• Provides protection and assistance to refugees and other displaced

persons.
Subsidiary Organs of the General
Assembly (Part 2)
• (c) Special Committee on Decolonization (Committee of 24):

• Monitors the implementation of the Declaration on the Granting of

Independence to Colonial Countries and Peoples.

• (d) Committee on the Exercise of the Inalienable Rights of the Palestinian

People:

• Considers and recommends a program to enable the Palestinian people to

exercise their inalienable rights, including self-determination and the right of
return.
The Economic and Social Council (ECOSOC):
Promoting Respect for Human Rights
• Authorized by the UN Charter to make recommendations for
promoting respect for human rights and fundamental freedoms.
• Other functions:

• Preparing draft conventions for the General Assembly.

• Calling international conferences.
• Obtaining reports from member states.
• Communicating observations on reports to the General Assembly.
• Providing information to the Security Council.
Cont’d
• Early decisions: Establishment of the Commission on
Human Rights and the Commission on the Status of
Women.
• A political body with 54 members elected by the
General Assembly, holding regular sessions each year.
Human rights items are usually referred to the Social
Committee.
The UN Human Rights Council: The
Central Mechanism
• The principal UN body concerned with human rights
(replacing the Commission on Human Rights in 2006).
• Composed of 47 member states elected by the General
Assembly.
• Members are elected based on geographical distribution.
• A political body with varying human rights records among its
members.
Key functions:

• Addresses human rights violations worldwide.

• Makes recommendations to the General Assembly.
• Oversees the Universal Periodic Review (UPR).
Participation in the Human Rights
Council
• Sessions are attended by:

• Representatives of member states.

• Representatives of any UN member state not on the Council (if
invited).
• Observers from UN member and non-member states, UN bodies,
specialized agencies, intergovernmental organizations, national
liberation movements, and NGOs in consultative status with ECOSOC.
The International Labour Organization
(ILO): Focus on Labour Rights
• Concerned with labor rights since its establishment (initially as a
parallel organization to the League of Nations, later as a UN specialized
agency).
• Develops monitoring procedures for state behavior in labor rights.
• Focuses on:
• Economic and social rights (right to work, just conditions, trade union
rights, social security, adequate standard of living).
• Civil and political rights (freedom of expression, association, and
assembly).
• Lays down international labor standards through conventions.
 Key ILO Conventions
• Freedom of Association and Protection of the Right to Organize
• Application of the Principles of the Right to Organize and to Bargain Collectively
• Equal Remuneration for Men and Women Workers for Work of Equal Value
• Abolition of Forced Labour
• Discrimination in Respect of Employment and Occupation
• Employment Policy
• Protection and Facilities to be Afforded to Workers' Representatives
• Protection of the Right to Organize and Procedures for Determining Conditions
of Employment in the Public Service
• Promotion of Collective Bargaining
• Employment Promotion and Protection Against Unemployment
• Indigenous and Tribal Peoples in Independent Countries.
ILO Supervisory Mechanisms
• Supervises the application of its standards through tripartite bodies
(governments, workers, and employers).
• Key mechanisms:
• Committee of Experts on the Application of Conventions and
Recommendations: 20 members, meets annually to examine state
reports on convention implementation.
• Committee on Freedom of Association: 9 members of the ILO
Governing Body, examines complaints of infringement of freedom of
association.
The Importance of Charter-Based Mechanisms
Charter-Based Mechanisms: Providing a Broad
Perspective
• Charter-based mechanisms provide a crucial complement to treaty-based bodies.
• They address a wider range of human rights issues and situations, often with a more
political and preventative focus.
• They play a vital role in:
• Setting international human rights standards.
• Responding to urgent human rights situations.
• Providing technical assistance and capacity-building.
• Raising awareness of human rights issues globally.
• The UN Charter provides a strong foundation for these mechanisms, enabling the
UN to address human rights concerns even in the absence of specific treaty
ratifications.
Conclusion: Interconnectedness of Mechanisms
A Synergistic Approach: Combining Charter and
Treaty-Based Systems
• Charter-based and treaty-based mechanisms are not mutually
exclusive; they work in a complementary and synergistic manner.
• Charter-based mechanisms can identify situations that may require
more detailed examination by treaty bodies.
• Treaty bodies' findings can inform the work of charter-based
mechanisms.
• This combined approach strengthens the overall effectiveness of the
international human rights protection system.
Regional Human Rights systems
• The European Human Rights System
• The Inter-American Human Rights System
• The African Human Rights System
• The Arab and Asian Human Rights Systems