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

ConventionsCERD19651969

CAT19841987

CRC19891990

CMW19902003

CEDAW1979

1981

ICCPR19661976

ICESCR19661976

CRPD20062008

CED2006

ICCPR - Covenant on Civil and Political RightsICESCR - Covenant on Economic, Social and

Cultural RightsCERD - Convention on the Elimination of all

forms of racial discriminationCEDAW - Convention on the Elimination of all

forms of Discrimination against WomenCAT - Convention against Torture and Other

Cruel, Inhuman or Degrading Treatment or Punishment

CRC - Convention on the Rights of the ChildCMW - Convention on the Protection of the

Rights of all Migrant Workers and their FamiliesCRPD - Convention on the Rights of Persons

with DisabilitiesCPD - 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?