I started this blog to cover "random musings as I work my way through some free material on political science ... and live": well, human rights is a major part of why I am studying, and the blog is about sharing, so hopefully these notes may inspire someone to view or study the course, which is free online via YouTube, at https://www.youtube.com/watch?v=iN_S8xcGefo&list=PLQ-vn9R272FjsmryxhlYOMhuwlXNp724L (the certificate, via the paid Udemy course, is no longer available). The summary won't make much sense as it is: it is a summary for someone who has listened to the online lectures, not an instructional. If you want to know more, so to the YouTube link provided above.
I'm also working on a much better tabulation of this summary, and will publish that when it is done.
(Part two relates to specific applications of human rights - e.g., right of women, the child, indigenous people, etc. Sumaries of those will come in due course as well)
Incidentally, I'd love for someone to combine together major publications on human rights - like this course, which provides a great framework, the depth, incisiveness, and sometimes bitter of Geoffrey Robertson's “Crimes Against Humanity: The Struggle for Global Justice” (4th Ed., Pub. The New Press (www.thenewpress.com), New York, 2013, ISBN 978-1-59558-8609; originally published Allen Lane, Great Britain, 1999, subsequently published by the Penguin Group, Great Britain, in 2000, 2002, 2006, and 2012), the specialised insights of Samantha Power's "A Problem from Hell" (pub. Basic Books ["a member of the Perseus Books Group"], New York, 2013, ISBN 978-0-465-06151-8; previously published HarperCollins in 2003 and 2007) and Dan Plesch's "Human Rights After Hitler" - which is about the United War Crimes Commission, the investigations of which in the second half of World War (part) Two enabled many of the trials for crimes against humanity etc (they were also preparing the legal case against Hitler) before the idiotic and, frankly, criminally irresponsible USA hid its work (pub. Georgetown University Press, 2017, ISBN 978-1-62616-431-4 ), and - before they go off the rails (see also reviews here and here) twisting data and denigrating some nations in order to "prove" their theory about the extent of the Paris Pact (that it enabled some of the charges at the Nuremberg and Tokyo trials is sufficient, in my view) - “The Internationalists” by Oona A. Hathaway and Scott J. Shapiro (Pub. Simon and Schuster, New York, 2017, ISBN 978-1-5011-0986-7), which has an excellent overview of international law at the start.
Enough waffle, on to the summary. As usual, Blogger and Word don't like talking to each other, so the formatting has become distorted (e.g., font sizes are reversed): my apologies, but I don't have the time to recreate it all properly, just an attempt at a quick fix. (The italicised text at the end of each section refers to the course lessons.)
*****
Basic concepts
Norms are, narrowly,
“the rules of the game”, or, less narrowly, “how the game is played”, or even
more broadly “the demands of the players to modify or improve the rules in
light of experience”. There is a disconnect between norms and reality (e.g., ban on stealing doesn’t mean stealing does not occur [human
fallibility], just as the fact that stealing occurs does not mean it ought to
be legal; also, law covers “what ought to be”, not physical reality like science).
Norms are based on a
hierarchy of values (general at top, specific
below, and with “cusp” values). Morals (and moral
judgments) are prescriptive
norms based on what is considered right or wrong. Ethics is the study of
morals. Analogy: moral expert is a
lawmaker who makes or a judge who
applies norms, whereas an ethical expert is like a jurist. (In practice,
words morals and ethics used interchangeably.)
Legal systems (body of laws and, more broadly, the institutions and mechanisms for
laws, including alternative such politics and social activism for times of
rapid change, when institutions don’t work [e.g., under dictatorships], etc) are based on
norms, but are backed by the State’s
monopoly on force.
Norms adjust to
spheres (business, family, etc) – in politics:
monopoly of force, need for support of people and political apparatus. Shortcomings
of norms (laws and morals) are difficulty covering rare events (e.g., lifeboat cannot support all passengers) / extreme
emergencies (e.g., threat to survival of species).
Political lives of nations may need norms for foundation, normal existence,
crisis, and reconstruction /re-foundation.
On
changes to political lives of nations, during the Enlightenment, the basic unit
changed from subject to citizen. In the 20th Century, changed from
Empires and States to superpowers and States, and citizens began exercising
their power more directly. World Order has:
(1) political (UN, OAS, etc),
(2) commercial-financial
(IMF, World Bank, GATT, WTP),
(3) military (NATO, etc),
(4) political alignments
(West-East, North-South, etc), and
(5) humanitarian aspects.
Humanitarian
aspect in turn has components:
(a) human rights (UDHR),
(b) IHL (including refugees,
anti-terrorist, Geneva Conventions, etc), and (later)
(c) international
criminal justice (ICC).
International law is
language and normative system, but lacks the monopoly of force of national
systems.
Public Ethics I
Public Ethics II
Democracy, Citizenry, International Order and Law
Public Ethics II
Democracy, Citizenry, International Order and Law
Rights, including history (1,027 words)
The struggle for human rights is old. (First generation) rights of liberty often
dated to Magna Cartas (incl. 1188 in Spain) and
1689 Bill of Rights in Britain, which changed the “obligor” from monarch to
Nation-State. Rational justifications for human rights in the 17th
Century on the basis of human dignity, and liberal revolutions in late 18th
Century translated rights into law (“positivisation”), and recognised
for them all people through the 19th Century – which also saw
recognition of need for second generation (economic,
social and cultural) rights
– the State was now expected to deliver, not just keep its hand off. After the
horrors of World War 2 showed humanity’s vulnerability, human rights were internationalised
by the Universal Declaration Human Rights (the obligor could
be the international community as well). From 1970s on, identification and
consideration of third generation rights (aspirational
– in Declarations, not legally binding),
collective rights (to peace, sustainable environment, etc), developed,
as did international criminal law (and the obligor could now also
be a private entity).
Civil (individual immunities
giving freedom to act and obliging bestowed monopoly of force be used to
enforce the law, protect basic rights, and promote the common good) and political (exercise of popular
sovereignty by taking part in public affairs) rights stem
from the philosophical and political liberal tradition (some call them “Western rights”), but have attained universal recognition (even despots
try to improve their image on this),
partly by identification with household expression “human rights”, which has
great legitimacy.
These individual rights (second
generation social, economic, and cultural rights are collective rights) include the rights
to:
·
life;
·
prohibition of torture and cruel, inhuman, or
degrading treatment;
·
prohibition of slavery;
·
liberty and security of the person;
·
equality before the law and the prohibition of
discrimination;
·
access to justice and to a due process of law;
·
privacy;
·
freedom of thought, conscience, religion, and
expression; and
·
to vote and to run for public office.
(Right to property not recognised because of Communist East in Cold
War.)
Civil and political rights defend values
relating to protection of individual as is, and in relations with others and
the State, which leads to five sub-categories:
Inviolabilities (protection of the immediate
sphere of personal security, privacy, identity of the person [and goods related
to these], and thus rights to life and to personal integrity, personal liberty
and security, prohibition of slavery, a name, sexual self-determination, and
intimacy and privacy of the family and of the correspondence, and freedom of
conscience [but civil liberty of proselytising may be limited] – all of which
apply even if person utterly passive);
Civil
Liberties (based on interactions with others [recluse has, but to exercise must
interact, which is regulated much as traffic needs traffic lights]- liberty of
action in the political, social, and economic spheres, including freedoms of
expression, seeking and receiving information, assembly, association, movement,
and residence);
Political
Rights (as member of political community
States must not only refrain from impeding but actively enable [provide
electoral rolls, election agencies, etc]);
Equalities (equality is freedom from
arbitrary discrimination [racism, sexism, etc], including in restrictions –
thus “formal” [applied in accordance with rules] rather than substantive
[practical effect], but no less important for that); and
Legal
Status, Acknowledgement, and Protection (rights are useless unless someone has [“is assigned”] them, and need a
legal tool to uphold them [usually courts]).
Recognition
of economic (rights to work, of labour, and to social security),
social (rights to adequate standard of living, food,
housing, clothing, health, education, and water and sanitation), and
cultural rights grew during the 20th Century, including some
national recognition (Mexico, 1917, Weimar
Republic, 1919, Latin American constitutions) and “international landmarks” (ILO, 1919, attempted to show capitalism and ESCR compatible, FDR
called for an economic Bill of Rights in 1944, inclusion in UDHR),
but in the Cold War the US-led “West” split ESCR from civil and political
rights when the Twin Covenants were formulated (but they are
interdependent – have “intergrality”), and other documents since on
this. Definition of ESCR by UN Committee on ESCR (18
independent experts) through its General Comments on particular issues and
Concluding Observations about specific nation’s reports on ESCR. Case law at
national level shows ESCR are enforceable, and national social protection
schemes are important, but inadequate provision in legal systems and tend to be
regarded as secondary by HR organisations. This is not helped by:
·
the myth of ESCR being costly whereas civil and
political rights aren’t (all rights have a cost if
done properly);
·
calls for democratic debate and political
choices rather than courts (true, but must ensure and
respect ESCR as per international treaty obligations);
·
the myth that civil and political rights lead to
ESCR (50 million US residents in poverty [this is like
thinking individual rights lead to minority rights]);
·
the noise over individual versus collective
rights (all rights are exercised by individuals, but
useless unless broader context exists – e.g., no point being able to vote if no
system for elections [arguable in case of inviolabilities]);
·
arguments over extent that developed nations
should help the developing nations achieve ESCR; and
·
obligations around transnational corporations.
A particularly important right is freedom of
expression which also includes the right to information, and
thus is crucial to democracy (allows criticism of
government, discussion of public interest) and is guaranteed in
human rights instruments, including international; treaties, and case law –
which also includes harmful expression (which allows
testing in debate, and is essential for human development, anti-corruption, and
free market), but there are restrictions to protect others’ rights (e.g., privacy [such as medical information, sexuality]), national security /public order, authority
/ impartiality of judiciary, and social values (e.g., public
health / morals), including
prohibition of hate speech and war propaganda, and may be suspended or
derogated in emergencies threatening survival of the State but must be lawful,
necessary, proportionate and in consonance with the requirements of a
democratic society – censorship only in narrow cases (e.g., serious and irreversible damage to an important public interest) and with legal authorisation. Where harm is
caused to reputation / honour, general principle is the limitation of that
speech, and the imposition of some type of sanctions or remedies unless
information serves the public interest.
The Historical Evolution of Human Rights
Civil and Political Rights I
Civil and Political Rights II
Civil and Political Rights III
Economic, Social and Cultural Rights
Freedom of Expression
Civil and Political Rights I
Civil and Political Rights II
Civil and Political Rights III
Economic, Social and Cultural Rights
Freedom of Expression
Aspects of rights
There are relativism challenges in human
rights arena – cultural and ideological (claims
subordinate to second generation right).
Cultural relativity debate has changed over
time – East vs. West, North vs. South, West vs. Islam, based on equating West
with expansion and dominance. However, that is a “genetic fallacy” (misuse of reasoning based solely on the origin of something), which also says West could not have adopted
gunpowder, etc – origin does not preclude universal validity.
Also, principles and values (such as human dignity) are shared globally, and
respect for life, personal liberty, bans on discrimination and slavery are
norms, some of which have ius cogens
status (don’t need universal compliance for that, as
with ban on theft).
Universal (applicable
everywhere) does not mean are absolute (no restrictions) or
sacred.
Cultural relativity has danger of enabling tyranny and
oppression (e.g., stoning to death).
Note also that first and second generation
rights are indivisible (no hierarchy) and interdependent (need one set of rights to realise the other).
Equality and non-discrimination are two sides
of the same coin – need both.
Equality is of opportunity, not treatment or outcome.
Equality is of opportunity, not treatment or outcome.
Discrimination is prohibited (this is the core of human rights law) - on specific grounds (race [this and apartheid are ius cogens],
religion, and sex or gender, or other – which allows an “evolutive reading” –
and Inter-American Court determined prohibition of discrimination is itself ius
cogens), which means, after making a prima
facie case that distinction between a person who displays any of these
characteristics and another one who does not was made by the law, state organs,
public officials, or private actors (if not, may still be
arbitrariness, illegality, or injustice, but not discrimination), the burden of proof turns to the State or
the private actor to show that the distinction was legitimate, necessary, and
proportionate, rather than arbitrary – and must be necessary (public health, national security, or the rights of others at risk) and proportionate (no more than
absolutely necessary).
Discrimination may be direct (different treatment is
solely on one or more of the prohibited grounds and other reasons are not
sufficient to pass the test on necessity and proportionality), or indirect (a general
rule for everyone, but the effects that this rule has on some sectors of the
population - due again to prohibited grounds - are more onerous or simply
negative). Could also be
multiple discrimination, and could be formal (if it arises
from a norm), or structural
- occurs due to a social and cultural sub-stratum or structure (often historical inequalities [e.g., children, indigenous, LGBTIQ],
and disadvantaged group not necessarily a minority [e.g., women]), and can only be eradicated through measures
of education, training, and changes in society at large as a result of
transversal public policies (including legal or
constitutional reforms if necessary) and,
sometimes, affirmative action which is a temporary measure.
As well as rights, humans have duties to
State (to obey laws, pay taxes, help defend, etc) and others, but these are not a restriction on the rights. Some rights (inviolabilities and right to equality) are absolute
– i.e., cannot
be restricted: they do not collide with others rights, but where
such “collisions” (“the liberties and rights
of others are the frontier which cannot be trespassed when exercising one’s
rights”) do occur (e.g., civil liberties),
as with traffic lights to regulate traffic, there are some reasonable and
necessary restrictions – limitations, which are applicable at all times (for collective security or law enforcement [don’t associate with the
enemy], and just requirements of the common good [e.g., public order / health
[quarantine, etc] / morals [ban on child abuse imagery], and don’t falsely
shout “fire” in a crowded theatre]), and derogations or suspensions, which may apply in times of certain
grave emergencies specifically mentioned by the law and which must:
·
be
limited (in nature, time, degree, and extension);
·
not
conflict with international obligations;
·
not
entail arbitrary discrimination (based on race, colour, sex,
language, religion, or social origin); and
·
not
impact on absolute rights (to legal personality,
personal integrity [no torture], prohibition of slavery, right to have a name,
of the child, the principle of legality in criminal law, freedom of conscience
and of religion, protection of the family, and political rights).
Right to life cannot be derogated or
suspended, but is subject to limitations (legitimate
self-defence, war).
Civil and Political Rights II
Equality and Non-Discrimination
Restrictions on Rights
Equality and Non-Discrimination
Restrictions on Rights
Violations
“Transgression
(or violation) of the obligations international human rights law imposes on
States” to:
(a)
respect the value being protected, so State agents must not (i.e., this is a negative obligation) kill, torture, arbitrarily imprison, censor,
arbitrarily discriminate, etc; and
(b)
ensure actions (laws, training,
administrative measures, investigating and bringing to justice) are taken (i.e., this is
a positive obligation demanding a behaviour, not a result) to safeguard the values that human rights law
intends to protect;
and are referred to as “human rights violation”.
Obligations also include:
·
progressive accomplishment of ESCR;
·
promotion of values (e.g., to overcome sexist stereotypes);
·
cooperation with intergovernmental
organisations.
Is simplistic to view all civil and political
rights as negative and all ESCR as positive rights –need to take actions such
as forming a police force/judicial system to protect civil rights.
Transgressors can be:
·
States (post the
1648 Peace of Westphalia, and includes State agents; people seen as objects of
protection); and,
·
post-WW2,
NGOs (have
an accountability charter, and subject to law);
·
transnational
corporations (can have major impact on labour / child / indigenous
peoples’ / environmental rights, so some attempts at regulating);
·
armed
groups (often accused of HR abuses - note:
humanitarian law not same as human rights law);
·
transnational
criminal and terrorist organisations; and
·
individuals
(including head of household who may be responsible
for domestic violence, neglect, discrimination).
Human rights address what ought to be (norms – like
laws), but
violations are what actually is (study of these is like criminology), and
the experts are human rights organisations (not academics).
violations are what actually is (study of these is like criminology), and
the experts are human rights organisations (not academics).
Violations may be:
·
clear
cut (distinct act); or
·
complex (sets of acts – e.g.,
genocide, forced disappearances, ethic cleanings).
ESCR violations are clear cut when principle
of non-arbitrary discrimination is transgressed, but where progressive
fulfilment applies, is more difficult.
Aspects of violations include:
·
repressive
policies / sporadic or unsystematic repression;
·
centralised
(often by Head of State) or decentralised (by agencies or groups);
·
scale (range from individual to massive –and may be indiscriminate [e.g.,
shooting into a crowd]);
·
context (such as democracy / dictatorship, peace / armed conflict, weakened
government, polarisation);
·
motivation
(generally to acquire political power, hold on to
it, and suppress dissent, but may be political / religious / racial); and
·
there may
be “accompanying measures” (attempts to make seem legal
[e.g., declare state of emergency for long period], pass laws punishing rights,
amnesties for crimes committed by State agents, interfere with judiciary [e.g.,
military courts], cover-ups [possibly involving corrupt media]).
Violations also further highlight:
·
States’ obligations
(respect, ensure and promote human rights,
progressively fulfil ESCR, cooperate with international human rights protection
organisations);
·
responsibility
(accountability – criminally, of the natural person
[State agent or private person], sometimes a corporation], civil – right to
redress; State officials liable for breach of duty);
·
liability
(legal or extra-legal [moral such as breach of
mutual respect, political such as actions leading to a loss of legitimacy, or
historical which is judgement of future generations], which don’t have legal
consequence but may lead to social pressure to pass laws);
·
State
responsibilities (occurs by acts of officials
/ agents unless contrary to official policy / instructions, can be domestic
[from national law – most are from alleged violation of the obligations to
respect and to ensure] or international [from obligations in international
law]);
·
individual’s
responsibilities (criminal [possibly pursued
extra-territorially, also temporary or permanent international criminal
courts]and civil);
however, to achieve social peace and
reconciliation after times of deep crisis:
·
there may
be clemencies (pardons [of punishments
after convictions], amnesties [remove criminality of act for a period of time –
but not for war crimes),
but
·
current
opinion is against impunity for gross human rights violations (can mete out justice combined with measures of humanity and national
reconciliation),
and
·
there is
no statute of limitations on genocide, crimes against humanity, war crimes, and
the crime of aggression.
Human Rights Violations I
Human Rights Violations II
Human Rights Violations III
Human Rights Violations II
Human Rights Violations III
Protection, including internationalisation
To understand the world order today, need to
understand the impact of World War 2 – the last all-encompassing armed struggle – as being as reality changing as, say,
Europeans discovering Americas. The UN was formed to preserve peace, as a better
version of the League of Nations, with its initial 49 members now 193:
·
The UN
has a Charter which called for promotion of human rights, but those were not
specified initially (as with US Constitution);
·
HR later
formulated as the UDHR – a non-binding recommendation, which promotes the
content (“in recognition of basic rights inherent
dignity and of the equal and inalienable rights” lists rights such as freedom,
non-discrimination, equal dignity, the prohibition of slavery and of torture,
freedom of conscience, the right to work, housing, education, among others) as a norm and leads to binding
treaties/covenants – including:
o
Geneva
Conventions of 1949 (replaced old, ineffective
laws of war),
o
Refugees
Convention (well-founded fear of being persecuted),
After World War 2, governments initially took
action through the UN until the Cold War stopped progress – except for
anti-colonial process in the 1950s.
The UN a key milestone in IHL and universal protection measures – particularly
the core human rights treaties (on genocide, the twin covenants [civil & political, and ESCR; develops
the rights in the UDHR {to life and liberty; to work, form trade unions and
strike, social security, food, housing, health, education, and take part in the
cultural life of the community}; split into two by the USA, but, with the UDHR,
form an “International Bill of Rights”], racism, CEDAW, torture, child, migrant
workers, the Rome Statute, disabilities, enforced disappearances), and “an array” of HR institutions
including:
·
the UN
treaty bodies (quasi-judicial wing):
o one per core treaty, each with 12 – 18
independent experts (4 year terms):
-
publicly
examine periodic reports (and any civil society
counter reports) on
implementation by each State party, leading up to “concluding observations” on
good, “could do better”, and recommendations;
-
(where State has opted in) individual complaints: 1st stage
admissibility, 2nd stage merits of complaints – recommendations on
compensation and future prevention is admitted and has merit, but not courts so
not binding, although do provide authoritative interpretations of the relevant
treaties; and
·
the UN
Human Rights Council (inter-governmental,
political wing) – a political (and thus criticised – including for disproportionate focus on some
nations/issues and lack thereof on nations/issues that need review) body with 47 members from the five regions
serving three year terms (no more than two
consecutively)
that replaced the Commission on
Human Rights: members may be suspended (e.g., Libya, 2011); meets three times a year for a total of 10
weeks (regular session agenda);
simple majority resolutions (can abstain) have political and moral value, but not
legally binding; one third vote for
special sessions; Universal Periodic
Review (UPR) of every State member of UN over 4 ½ year rolling period; can appoint “Special Rapporteur”, or
“Working Group”. States care about what
peers think of them, so is important.
International justice = the resolution of disputes between States (mostly the International Court of Justice) + petitions of individuals against States for
alleged violations of HR + international
criminal law, which is measure of last resort for offences so egregious
society applies the organised force of the State to suppress them, and
possesses:
·
substantial
dimensions (the value violated);
·
procedural
dimension (due process of law); and
·
execution
of penalty (penitentiary law).
Jurisdictions may be:
·
national
(crimes in territory, extra-territorial jurisdiction
from treaties [active personality – perpetrator is a national, passive
personality – victim is a national], or universal jurisdiction [extended from
17th Century bans on piracy in order to protect trade to war
crimes]);
·
hybrid (national and international, e.g., special courts for East Timor in
2000, in Cambodia in 2001, and in Sierra Leone in 2002); or
·
international,
which may be:
o ad hoc (Nuremberg
[1945] Tokyo [1946], re the former Yugoslavia [1993], and Rwanda [1994]); or
o permanent – ICC, created by Rome Stature in
1998.
The ICC:
·
- has a Presidency, judicial division (pre-trial, trial and appeals chambers), Office of the Prosecutor, and Registry;
- is competent to try:
- is competent to try:
o
genocide
(acts committed with the intent to destroy, in whole
or in part, a national, ethnical, racial, or religious group, including
killing, serious harm, conditions to bring about physical destruction,
preventing birth within or forcibly transferring children),
o
crimes
against humanity (widespread or systematic
attack against civilians and knowledge of, including murder, extermination,
imprisonment enslavement, torture, rape, persecution, enforced disappearances,
and Apartheid),
o
war
crimes (breaches of 1949 Geneva Conventions / IHL
during conflict [international or not]), and
o
the crime
of aggression (planning etc by a leader of
an act of aggression that violates the UN Charter);
·
where
the crimes have been committed by natural persons, after 1st July,
2002, within the territory of a State member or by a national of that State
member, in the territory of a State that has accepted the jurisdiction of the
Court or by a national of such State, or in any other State of the world
referred by the UN Security Council to the Court;
·
and may
be filed by any State, the Prosecutor of the Court (supervised by
Pre-Trial Division), or the
UN Security Council;
·
but can
only occur if the State competent to try the offense is unable or unwilling to
conduct a serious and effective due process of law (principle of complementarity), which deference to State Sovereignty
secures independence of States and encourages better criminal prosecution
within them.
Regional protection mechanisms (courts, so legally binding and thus stronger, in some ways, than
universal mechanisms) include the European
Convention on Human Rights (the oldest) and European Court of Human Rights (hears cases) under the Council of
Europe; the American Declaration of the
Human Rights and Duties of Man and the American Convention on Human Rights, and
the Inter-American Court on Human Rights (hears cases) and the Inter-American Commission on Human
Rights (hears cases and reports on issues) under the Organisation of American
States; the African Charter of Human
and People’s Rights, African Court of Human Rights, and African Commission on
Human Rights, under the Organisation of African Unity; and an Arab Convention on Human Rights under
the Arab League - but nothing for Asia as yet.
Mechanisms for protecting human rights in a nation can be State (judiciary [habeas corpus, HR laws - e.g., US Alien Torts Claims Act,
extra-territorial jurisdiction],
pluralistic and independent National Human Rights Institutions [promote
human rights – e.g., reports, encourage ratification of international treaties,
fight all forms of discrimination, etc] for either normal circumstances [e.g.,
Ombudsperson] or extraordinary [e.g., Truth Commissions during transitional
justice], prosecutorial organisation), or non-State (HROs - my abbreviation for these notes).
When nations are not free, above does not
work: international denunciation and solidarity outside, and whatever courage and imagination suggest inside nation.
In the 1960s, human rights NGOs started with
Amnesty International, and others later, including, in the 1970s, in
dictatorships, and soon were present in most nations. As the human rights
movement (HRM) grew,
legitimacy of human rights became uncontested, although some tried to
appropriate them, and distinctions were made between credible (not for profit, work for the rights of all, do not subordinate their concern for human rights to other agendas, and
their work is conducted rigorously and professionally) and not-so-credible human rights
organisations (HROs). Credible HROs have spurred UN and other
organisations into action (treaties, etc), and is important to recall human rights are
realised through the persistent demand of organised common people, and
strengths and successes depends on the action of the HRM.
HROs can be:
·
international,
regional or national (territorial scope varies);
·
membership-based,
staff-driven, or connected to a profession;
·
tend to
focus on civil and political rights, although some have added ESCR and a few
IHL, and some are specific (e.g. indigenous, women,
refugees, etc).
HROs work by:
·
documenting
(sometimes in a format for a specific
nation) individual / patterns of violations;
·
campaigns
/ urgent action networks;
·
observers;
·
promoting
official hearings, etc;
·
assisting
victims;
·
attempting
to bring perpetrators to justice.
Most funding policies aimed at ensuring
independence (no government / compromising
sources, no conditional donations, no large single sources).
Universal and Regional Protection Mechanisms
Main Legal Documents
National Mechanisms of Protection
The Human Rights Movement
International Criminal Law
Main Legal Documents
National Mechanisms of Protection
The Human Rights Movement
International Criminal Law
No comments:
Post a Comment
Note: only a member of this blog may post a comment.