Human Rights Knowledge

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1 1 Huma Rights Kowledge Speak Up, Speak Out: A Toolkit for Reportig o Huma Rights Issues

2 Sectio 1 Itroductio Sectio 1 Itroductio Huma rights kowledge The world of huma rights is complex ad busy. For those who kow how to use it, the UN is a rich source of iformatio, learig ad cotacts. I Sectio 1 we explore the world of huma rights ad the UN. The world of huma rights is complex ad busy. There are thousads of orgaizatios that promote huma rights ad guard agaist abuses. There are hudreds of charters, treaties ad laws. They refer to each other, assertig their iterrelatedess ad itercoectedess. There are uiversal rights, particular rights, positive rights, egative rights, first, secod ad third geeratio rights, all to esure that we live full ad free lives. Yet there is widespread igorace about huma rights. May people do ot kow what they are, how they came about, why they are there, or how to access them. There is also cotroversy. People with differet cultures, traditios ad religios iterpret huma rights differetly. Huma rights ca be used to divide or to heal commuities. The mai iteratioal body is the Uited Natios (UN). For those who kow how to use it, the UN is a rich source of iformatio, learig ad cotacts. I Sectio 1 we explore the world of huma rights ad the UN. Guide to Sectio 1 1. What are huma rights? Huma rights o paper covetios, coveats ad treaties The mai huma rights treaties Gettig to kow the UN A bill of rights for wome Iteratioal justice ad the rise of the super court Huma rights i times of war ad coflict Article 19 rights ad sushie laws Speak Up, Speak Out: A Toolkit for Reportig o Huma Rights Issues > Huma rights kowledge

3 Sectio 1 Itroductio Sectio 1 Itroductio Sectio 1 Key terms Article a clause, or sectio, or part of a treaty. Bill of rights a formal declaratio of rights ad freedoms. Charter a documet that forms a orgaizatio ad defies its guidig practices ad priciples. Coveat, Covetio, Treaty words used to refer to formal agreemets betwee states (coutries) that are legally bidig. Treaty will geerally be used i this toolkit to refer to such documets. Geder socially costructed differeces betwee me ad wome. Huma rights defeder a term used to describe people who, idividually or with others, take actio to promote or protect huma rights. Impuity - exemptio from puishmet. I iteratioal huma rights law, impuity meas the failure to puish perpetrators of huma rights abuses ad violatio. Impuity is a deial of the victim s right to justice. Iteratioal huma rights law the iteratioal body of law that is desiged to protect ad promote huma rights. Iteratioal law laws that gover ad regulate relatioships betwee states. Multilateral betwee three or more parties. A multilateral treaty is therefore a agreemet betwee three or more states. Norm somethig that is usual, typical, or stadard. Nullify to ullify a sigature is to revoke it, or to usig. Optioal protocol a additio to a treaty, coveat or covetio which a state has the optio of sigig. Ratify, accept, approve or accede these all mea more or less the same thig. A state that ratifies, accepts, approves or accedes to a treaty, coveat or covetio agrees to it ad becomes a States Party. Rights-based approach a way of workig that esures that the give approach is based o huma rights ad promotes huma rights. Sovereigty a sovereig state is a idepedet state with a effective govermet withi a defied territory or geographic area. States party oce a state sigs a treaty, that state agrees to, or is party to, the treaty ad is called a States Party. Statute a law. Treaty aother word, more commoly used, for covetio or coveat, meaig a formal agreemet betwee states. Treaty-based a istitutio or mechaism established o the basis of a agreemet siged by two or more states. UN System all the iteratioal orgaizatios, treaties ad covetios that were created by the UN, ad which the UN maages ad eforces. Uiversal belogig to, or affectig, all people. Speak Up, Speak Out: A Toolkit for Reportig o Huma Rights Issues > Huma rights kowledge 3

4 Sectio 1 Part 1 What are huma rights? Huma rights are a set of orms, or stadards of behavior, that are iteded to protect us so that we are able to live full lives, free from fear ad abuse. Rights iheret to all huma beigs Huma rights are rights iheret to all huma beigs, whatever our atioality, place of residece, sex, atioal or ethic origi, colour, religio, laguage, or ay other status. We are all equally etitled to our huma rights without discrimiatio. These rights are all iterrelated, iterdepedet ad idivisible. -Defiitio of the Office of the Uited Natios High Commissioer for Huma Rights (OHCHR) Huma rights are a set of orms, or stadards of behavior, that are iteded to protect us so that we are able to live full lives, free from fear ad abuse. They are rights that belog to all people, just by virtue of beig huma. Although the term huma rights first became widely used i the 17th cetury i Europe, the rights themselves have their roots i aciet times. Most societies created traditios ad resposibilities to protect idividuals ad build healthy commuities by, for example, outlawig crimes like murder, rape ad theft. We lear about these from oral ad writte histories. Some of the earliest writte records are i the texts of the world s major religios the Muslim Qura, the Christia Bible, the Jewish Torah, the Hidu Vedas. They are also to be foud i the essays of the aciet Greek, Arab ad Chiese philosophers ad the laws of Rome. The laguage of huma rights i politics came ito use later, i documets like the Eglish Bill of Rights (1689), the Frech Decla- ratio o the Rights of Ma ad Citize (1789), ad the US Costitutio ad Bill of Rights (1791), which all speak of huma rights. But these were ot uiversal laws. They were atioal laws, ad reflected the politics, cultures ad values of their atios at those times. They discrimiated agaist wome, agaist certai religious ad ethic groups, ad accepted slavery. Huma rights as we kow them today are uiversal ad have their history i may struggles. There were the struggles of the abolitioists i the 18th ad 19th ceturies to put a ed to slavery i the US; the America ad Europea suffragettes struggles i the 19th ad 20th ceturies for wome s equality; the ati-coloial struggles i America i the 18th cetury ad i Asia ad Africa i the 19th ad 20th ceturies; ad workers ogoig struggles for better wages ad health ad safety stadards i the workplace. These struggles were ofte violet, ad may people died fightig for their rights. But it took two world wars ad mass slaughter Freedom is ever volutarily give by the oppressor; it must be demaded by the oppressed. Marti Luther Kig Jr. ( ). Marti Luther Kig Jr. was a civil rights activist ad leader i the Africa- America civil rights movemet. 4 Speak Up, Speak Out: A Toolkit for Reportig o Huma Rights Issues > Huma rights kowledge

5 Sectio 1 Part 1 before huma rights as we kow them today came ito beig. The savagery of the First World War ( ), i which over 40 millio soldiers ad civilias died o both sides, led to the creatio of the League of Natios. The League tried to address huma ad miority rights ad to regulate relatioships betwee states to prevet war. However, the League collapsed, largely because of the failure of the major world powers to participate. The Secod World War ( ) icluded geocide the murder of six millio Europea Jews ad other miority groups, like Roma Gypsies by Germay s Nazi regime led by the dictator Adolf Hitler. It also saw mass rapes by ivadig armies i Europe, Chia ad Southeast Asia; idiscrimiate bombigs of civilias by Germa, UK, US ad Japaese air forces; ad torture ad starvatio of thousads of prisoers of war. Whe the war eded i 1945, the victorious Allied Powers led by the US, the UK ad the former Soviet Uio brought the iteratioal commuity together to create a orgaizatio that would promote peace ad huma rights. This was the Uited Natios (UN). The UN has four mai aims: To keep peace i the world; To develop friedly relatios amog atios; To help atios work together to improve the lives of poor people, to coquer huger, disease ad illiteracy, ad to ecourage respect for each other s rights ad freedoms; To be a ceter for harmoizig the actios of atios to achieve these goals. Huma rights ad the UN Charter The foudig documet of the Uited Natios is the UN Charter, which was siged i Sa Fracisco o Jue 26, The UN Charter is a multilateral treaty, ad is the highest authority i iteratioal law. This meas that the UN Charter overrides ay other treaties or agreemets which UN member states sig. This is stated i Article 103, which says: I the evet of coflict betwee the obligatios of the Members of the Uited Natios uder the preset Charter ad their obligatios uder ay other iteratioal agreemet, their obligatios uder the preset Charter shall prevail. UN Charter, Article 103. I 1945, 51 states siged the UN Charter. Today, the UN has 193 member states every coutry i the world except the Vatica City. All of these states are legally boud by the provisios of the UN Charter ad recogize the UN Charter s authority i iteratioal law. Read more about the UN ad its member states o page 21 Huma rights for all The UN Charter laid the foudatio for the creatio of iteratioal huma rights for all: Article 55 says that the UN should promote uiversal rights for all; Article 56 says each member state should help the UN achieve these goals; ad Article 68 called o the UN s Ecoomic ad Social Coucil to create a commissio to promote huma rights. Troubled begiigs: the Uiversal Declaratio of Huma Rights (UDHR) I 1947, i lie with Article 68 of the UN Charter, the UN formed the Commissio o Huma Rights. The first task of the Commissio, headed by Eleaor Roosevelt, was to reach agreemet o a set of huma rights that would be acceptable to all atios. The draftig process was troubled by may disagreemets. The delegates to the Commissio represeted the various atios of the UN ad came from may differet backgrouds, laguages, religios ad cultures. They had widely differig political ad ecoomic iterests ad ideologies. They were govermet officials ad thus represeted the policies of their atios. Ideological battles The mai disagreemets facig the Commissio arose out of differet positios take up by the two big power groups, or blocs that domiated the UN. These were the Wester bloc, led by the US ad the UK; ad the Soviet bloc, led by the Soviet Uio. The ed of the Secod World War marked the begiig of the Cold War betwee capitalist coutries, of which the biggest was the US, ad socialist coutries, represeted by the Soviet Uio. The two groups took fudametally differet ideological positios. The three most cotroversial issues were (i) political ad civil rights, (ii) social ad ecoomic rights ad (iii) the questio of eforcemet should huma rights be legally bidig i iteratioal law? The Soviet bloc was supportive of ecoomic ad social huma rights. However, because their cetralized state structure icluded domiatio of miority ethic groups withi the Soviet Uio, they were less ethusiastic about political ad civil rights. The Wester bloc was more i favor of civil ad political rights. However, the positios of the UK ad other Europea states were Speak Up, Speak Out: A Toolkit for Reportig o Huma Rights Issues > Huma rights kowledge 5

6 Sectio 1 Part 1 compromised because they ruled coloies i which the majority of people were deied basic huma rights, icludig the right to vote. Weakeig the US positio was the existece of widespread legal discrimiatio agaist black Americas, who were also ot allowed to vote. All huma rights for all Sloga adopted to celebrate the 50th aiversary of the Uiversal Declaratio of Huma Rights i O the questio of eforcemet, the two blocs agreed: both were strogly opposed to creatio of a agecy that would esure that huma rights for all were implemeted ad eforced. The mai argumet agaist creatio of a bidig treaty ad eforcemet agecy was that implemetatio of huma rights was a iteral matter for each state. Eforcemet would therefore ifrige o a state s sovereigty. There was a third bloc at the UN, which icluded developig atios. They were ot uited, though i geeral they supported both sets of rights (civil ad political as well as social ad ecoomic rights) ad the creatio of a eforcemet agecy. Birth of the Uiversal Declaratio of Huma Rights To prevet a deadlock, the Commissio s chairperso, Eleaor Roosevelt, proposed the idea of a declaratio of geeral huma rights priciples rather tha a treaty that would be bidig i iteratioal law. Fially, agreemet was reached, ad o December 10, 1948 the Geeral Assembly adopted ad proclaimed the Uiversal Declaratio of Huma Rights (UDHR). I adoptig the UDHR, the Assembly called o all member states to publicize the text of the declaratio ad to cause it to be dissemiated, displayed, read ad expouded pricipally i schools ad other educatioal istitutios, without distictio based o the political status of coutries or territories. (The Uiversal Declaratio of Huma Rights, History of the Documet e/documets/udhr/history.shtml) The UDHR was the first iteratioal recogitio that huma rights ad fudametal freedoms apply to everyoe, everywhere. December 10 is celebrated every year, across the world, as Iteratioal Huma Rights Day. I some coutries, it is a atioal holiday. May coutries have icluded huma rights based o the UDHR i their atioal costitutios ad laws. However, what happes i practice is very differet ad huma rights violatios still take place i most parts of the world. The questio of eforcemet remais cotroversial, ad oe of the mai criticisms of the UN, especially i relatio to huma rights, is that it lacks teeth. Over the 6 Speak Up, Speak Out: A Toolkit for Reportig o Huma Rights Issues > Huma rights kowledge

7 Sectio 1 Part 1 years, however, the UN has grow some teeth. [Read more about the UN s powers of eforcemet o page 23. The UDHR The UDHR forms the basis of over 60 iteratioal treaties, ad has bee traslated ito over 330 laguages, makig it the most traslated documet i the world. The UDHR is the global stadard for huma rights. It has 30 articles that cover a wide rage of political, social ad ecoomic rights, icludig the rights to life, liberty ad security; to freedom from violece, torture ad wrogful imprisomet, ad the rights to freedom of movemet ad freedom of expressio. The UDHR laid the foudatio for iteratioal huma rights law, makig it clear that every perso has a birthright to fudametal huma rights ad is therefore ot subject to the whims of the state. The 30 articles are expressed clearly ad simply, ad oe of the mai fuctios of the declaratio is to raise awareess of huma rights. Read the full text of the UDHR o page 136. Defiitios of huma rights The UN defiitio: Huma rights are rights iheret to all huma beigs, whatever our atioality, place of residece, sex, atioal or ethic origi, colour, religio, laguage, or ay other status. We are all equally etitled to our huma rights without discrimiatio. These rights are all iterrelated, iterdepedet ad idivisible. OHCHR website: Rights.aspx This is how the Office of the UN High Commissioer for Huma Rights (OHCHR) defies huma rights. The OHCHR is the agecy madated by the UN to promote ad protect huma rights. The OHCHR also moitors huma rights violatios ad has powers to recommed eforcemet of huma rights i coutries that are members of the UN. Here is how Amesty Iteratioal describes huma rights: Huma rights are basic rights ad freedoms that all people are etitled to regardless of atioality, sex, atioal or ethic origi, race, religio, laguage, or other status. Huma rights iclude civil ad political rights, such as the right to life, liberty ad freedom of expressio; ad social, cultural ad ecoomic rights icludig the right to participate i culture, the right to food, ad the right to work ad receive a educatio. Hu- [The UDHR] is a educatioal documet because it is simply a declaratio that sets stadards ad puts dow thigs for which we wat to strive. It has o legal bidig value, but it is a preparatio for the comig bill of rights. Whe the Coveat is writte, the we will have to be prepared to ask our various atios to ratify that Coveat ad to accept the fact that the Coveat has legal bidig value. - Eleaor Roosevelt, speakig at the secod Natioal Coferece o UNESCO i To read the full text of the speech, ad fid out more about Eleaor Roosevelt ad the draftig of the Uiversal Declaratio, visit Speak Up, Speak Out: A Toolkit for Reportig o Huma Rights Issues > Huma rights kowledge 7

8 Sectio 1 Part 1 Amesty Iteratioal Amesty Iteratioal is the oldest ad largest ogovermetal huma rights orgaizatio i the world. It was fouded i 1961 by Peter Beeso, a British lawyer, to collect iformatio about ad publicize the stories of prisoers of cosciece (a term Beeso coied, meaig people who have bee imprisoed o the basis of their opiios, race, religio, ethicity, or political covictios). He published a Appeal for Amesty o the frot page of The Observer, callig o citizes to pressure their govermets to release or at least provide these prisoers a fair trial. Newspapers i more tha a doze coutries reprited the article: public respose was immediate ad fierce, ad a global movemet was bor. Sice its foudig, Amesty Iteratioal has mobilized millios of citizes aroud the world to advocate for the release of political prisoers, rights of margialized groups, a ed to torture ad the death pealty, ad protectio of huma digity. Its reports o huma rights abuses are widely respected ad cosulted by iteratioal bodies, academics, NGOs ad jouralists. ma rights are protected ad upheld by iteratioal ad atioal laws ad treaties. Amesty Iteratioal website: Amesty Iteratioal is oe of the leadig civil society orgaizatios that promotes huma rights ad fights huma rights abuses. There are may differet ways of defiig ad describig huma rights. Each defiitio will reflect particular itetios ad iterests. But most will iclude, or imply, these four elemets: Huma rights are uiversal. We have huma rights simply because we are huma. Protectio, especially from abuse by those i power. Huma rights esure that people ca live i freedom ad security. Equality. Everyoe has them equally. You do ot have more huma rights tha I do. I do ot have more tha you. Huma rights are iteratioal ad set stadards for the behavior of states, groups ad idividuals. 8 Speak Up, Speak Out: A Toolkit for Reportig o Huma Rights Issues > Huma rights kowledge

9 Sectio 1 Part 1 Three geeratios of rights The UDHR creates three geeratios (categories) of huma rights. These are first, secod ad third geeratio rights. The geeratios are grouped i relatio to the three slogas of the Frech Revolutio ( ), which led to the creatio of a republic i Frace liberté, égalité, fraterité (liberty, equality, fraterity). First geeratio rights cocer liberty ad participatio i political life. They are fudametally civil ad political i ature. They limit the power of the state over citizes ad aim to prevet abuse by those i power. They are set out i Articles 2-21 of the UDHR. First geeratio rights iclude: Freedom from all forms of discrimiatio; for example, o the basis of geder ad race. The right to life, liberty ad security. Freedom from slavery ad forced labor. Freedom from torture, cruel, ihuma or degradig treatmet ad puishmet. Freedom from arrest without cause or judicial process, detetio or exile. The right to a fair ad public trial. The right to privacy. Freedom of movemet ad residece. The right to seek asylum from prosecutio. Freedom of cosciece, religio ad thought. Freedom of opiio ad expressio. Freedom of peaceful assembly ad associatio. The right to take part i govermet ad to vote. The right to ow property ad ot to be deprived of it arbitrarily. Secod geeratio rights cocer social, ecoomic ad cultural equality. They iclude the equal rights of everyoe to educatio, healthcare, ad housig, ad to take part i cultural activities. Govermets are expected to take affirmative actio to achieve these rights. However, ot all govermets ca afford uiversal educatio ad healthcare, or to house all citizes, so they are icremetal. This meas that govermets must demostrate that they are takig positive steps to achieve them ad eter ito agreemets with other govermets ad iteratioal orgaizatios that ca help them through aid. Secod geeratio rights are set out i Articles of the UDHR ad iclude: The right to social security. The right to work ad to protectio agaist uemploymet. The right to rest ad leisure, icludig public holidays with pay. The right to a adequate stadard of livig. The right to educatio. The right to take part i cultural ad scietific activities ad to protectio of oe s scietific ad artistic creatios. Third geeratio rights cocer fraterity, meaig brotherhood or solidarity, ad are sometimes called solidarity rights. They iclude the right of everyoe to a sustaiable, clea ad healthy eviromet, to social developmet ad to other collective or group, rather tha idividual, rights. They are set out i Articles 28 ad 29 of the UDHR. Positive rights, egative rights Huma rights theory distiguishes betwee egative ad positive rights. A egative right is your right ot to be iterfered with. For example, the govermet may ot take away your right to freedom of expressio, to marry the perso of your choice or to have a family. First geeratio rights are egative rights i that they protect idividuals from state iterferece with their liberties. A positive right is your right to receive goods or services; for example, welfare support, healthcare or a place to live. Secod ad third geeratio rights are positive rights. Speak Up, Speak Out: A Toolkit for Reportig o Huma Rights Issues > Huma rights kowledge 9

10 Sectio 1 Part 1 Check your uderstadig Are the followig statemets about huma rights true, false or a matter of opiio? 1. Childre have the same rights as adults. 2. The right to health is more importat tha the right to educatio. 3. Coutries that have joied the UN should help promote huma rights for all people. 4. The Quee of Eglad has more huma rights tha the Presidet of the US. 5. Huma rights are bestowed o citizes whe they reach the age of If you kill my child, I have the right to kill yours. 7. Huma rights law oly applies to govermets. 8. First geeratio rights are more importat tha secod geeratio rights. 9. The UDHR is legally bidig i iteratioal law. 10. December 10 is Iteratioal Huma Rights Day. Lear more about huma rights by explorig the OHCHR website at NOtes 10 Speak Up, Speak Out: A Toolkit for Reportig o Huma Rights Issues > Huma rights kowledge

11 Sectio 1 Part 2 Huma rights o paper Here we iclude iformatio about how treaties are writte, ad the rights ad duties of states ad idividuals i relatio to treaties. Covetios, coveats ad treaties Huma rights orms are set out i iteratioal covetios, coveats or treaties. These are the formal agreemets betwee states that set stadards for the behavior of states (coutries represeted by govermets) ad idividuals. The orgaizatio resposible for adoptig most iteratioal huma rights treaties is the UN Geeral Assembly. Oce a treaty has bee drafted, states have the optio of agreeig to it. States are ot obliged to sig ay treaty, but whe a state does sig the treaty, it is legally bidig o that state. Most huma rights treaties use these key terms to describe huma rights: Iheret huma rights are atural or ibor to all huma beigs. Uiversal everyoe has the same rights. Ialieable they caot be take away from us, except, i some circumstaces, through fair legal processes. For example, the right to freedom may be restricted if a perso is foud guilty of a crime by a court of law, but imprisomet without trial is a violatio of a perso s right to freedom. Idivisible oe caot separate oe right from aother, or prioritize oe right over aother. For example, the right to a fair trial ad the right to educatio are equal huma rights. The right to a fair trial is ot more importat tha the right to educatio. Iterrelated all rights relate to each other; there are groups (or families) of rights; may treaties have the same rights ad commo characteristics ad priciples. Iterdepedet all rights deped o each other. For example, the right to vote depeds o the right to freedom of movemet; the right to life depeds o the right to health care; the right to freedom of expressio depeds o the right of access to iformatio. Iteratioal treaties, regioal treaties Covetios ad treaties ca be global; for example, the Covetio o the Elimiatio of All Forms of Discrimiatio agaist Wome (CEDAW) is a iteratioal treaty. Or they ca be regioal; for example, the Africa Charter o Huma ad Peoples Rights (also kow as the Bajul Charter) is a treaty that promotes ad protects huma rights ad freedoms o the Africa cotiet. [Fid out more about the mai iteratioal ad regioal treaties i Part 3 o page 15} Rights, duties ad resposibilities for idividuals ad states Huma rights etail duties ad obligatios for both states ad idividuals. States (govermets) must ot iterfere with huma rights, either of their ow citizes or the citizes of other states. They must protect citizes agaist huma rights abuses by other states, or by ay other perso or people. Speak Up, Speak Out: A Toolkit for Reportig o Huma Rights Issues > Huma rights kowledge 11

12 Sectio 1 Part 2 Very importatly, huma rights treaties say that states are obliged to take positive steps to esure that all citizes ejoy huma rights. This meas that, if ecessary, they must chage their atioal legal systems to comply with iteratioal huma rights stadards. Idividuals either o their ow or i orgaizatios or groups have obligatios to respect the huma rights of others, ad must ot iterfere with or violate the rights of others. Huma rights i iteratioal law Iteratioal huma rights law is the body of law that protects ad promotes huma rights. It sets out the obligatios of states i regard to huma rights. By sigig a treaty, the state agrees to be boud by the treaty; that is, the state is legally obliged to respect, protect ad fulfill the huma rights set forth i the treaty. All coutries i the world, except the Vatica, are member of the Uited Natios ad all have siged or ratified at least oe of the mai huma rights treaties. Eighty percet of states have siged or ratified four or more of the mai treaties. Huma rights i atioal law Oce a state has siged a iteratioal treaty, the govermet is obliged to take steps to esure that the atioal legal system complies with the stadards set out i the treaty. For example, a state that has siged CEDAW must esure that oe of its atioal laws discrimiates agaist wome. The state must also take positive steps to promote geder equality. Duties of states to respect to refrai from ay measure that may deprive idividuals of the ejoymet of huma rights. to protect to prevet violatios of huma rights by third parties. to fulfill to take steps to esure that citizes have opportuities to obtai satisfactio of the basic eeds recogized i huma rights covetios. Positive actio! Huma rights stadards ad covetios require that states take positive measures to create a eviromet i which all ca ejoy their huma rights. That meas states should set limits o their ow power i relatio to the rights of their citizes. May states have icluded iteratioal huma rights stadards i their atioal costitutios ad laws, or have chaged their costitutios ad laws so that they are more compliat with iteratioal huma rights stadards. States do ot have to sig a treaty to comply with iteratioal huma rights stadards. Some states iclude iteratioal huma rights stadards i their atioal costitutios ad laws eve though they have ot siged a particular huma rights treaty. Huma rights ad power Huma rights defie relatioships betwee idividuals ad power structures, especially the state. Huma rights set limits o state power; for example, freedom of expressio rights set limits o a state s power to restrict media. [For more about freedom of expressio, see page 49] How to read a treaty Most huma rights coveats, covetios or treaties are laid out i the same way. They usually have: A preamble that explais why the treaty was created ad describes its mai itetios ad poits. A set of articles, which is the list of the rights agreed to i the treaty. Articles are mostly divided ito three groups: (i) the list of rights; (ii) a descriptio of how they will be implemeted ad moitored, ad (iii) a explaatio of how the treaty will be siged ad ca be ameded. Sigatories each treaty is adopted by the goverig body, ad the opeed for sigature. Oce eough states have siged, the treaty eters ito force. Sigig up: becomig a state party States ca sig, ratify or accede to treaties. States that have siged, ratified or acceded to a treaty are referred to as states parties, meaig they are party to the treaty. I other words, they have agreed to be legally boud by its articles. How states agree The most usual way for states to become party to a treaty is by sigig it. Most huma rights treaties are multilateral treaties (agreemets betwee three or more states) ad are ope for sigature idefiitely. However, some are oly ope for sigature util a certai date. Oce the deadlie has passed, sigature is ot possible, ad a state may oly become a party to it through accessio or ratificatio. 12 Speak Up, Speak Out: A Toolkit for Reportig o Huma Rights Issues > Huma rights kowledge

13 Sectio 1 Part 2 Simple sigature: Multilateral treaties usually provide for simple sigature; that is, sigature that is subject to ratificatio, acceptace or approval. Simple sigature meas that the state iteds to agree to be boud by the treaty at a later date. The aim of simple sigature is to give the state time to seek approval at the atioal level, through parliametary processes or a referedum of citizes, ad to pass ay laws eeded to esure it is i compliace with the treaty. I the period betwee sigature ad ratificatio, states must ot act i ways that violate the treaty. Ratificatio, acceptace, approval or accessio These terms all mea more or less the same thig. They are processes of cofirmatio ad fial agreemet. The processes follow simple sigature. Oce a state has ratified, accepted or approved the treaty, or iformed the UN Secretary-Geeral that it is accedig to the treaty, the treaty is legally bidig o that state. Optioal protocols These are additioal legal articles that add to ad are relevat to the origial treaty. Optioal protocols usually address somethig that is missig i the treaty, or a ew cocer. They are optioal because they are ot automatically bidig o states that have already ratified the origial treaty. Oce a optioal protocol has bee adopted, states may idepedetly agree whether or ot to sig. Usually, oly states that have already agreed to be boud by a origial treaty are likely to ratify its optioal protocols. However, there are exceptios. The Optioal Protocols to the Covetio o the Rights of the Child (CRC) allow o-states parties to ratify or accede to them. For example, the US has ot ratified the CRC but has ratified both of the optioal protocols. Eforcemet Treaties or their subsequet protocols geerally establish bodies ad procedures to moitor the implemetatio of ad compliace with the treaties ad receive ad ivestigate complaits regardig violatios. These treaty-based committees are subsidiary orgas of the UN Geeral Assembly. Although iteratioal bodies ofte lack the ability to eforce their decisios ad recommedatios, states will ofte comply either out of a sese of obligatio, as a result of diplomatic efforts, or because of the threat of shame or embarrassmet if they do ot. I other cases, complaits may be lodged with a regioal or iteratioal tribual, which have jurisdictio over States Parties. The first recourse for addressig huma rights issues is the state s atioal legal system, ad complaiig parties are geerally required to exhaust atioal remedies before turig to iteratioal bodies for help. However, i may cases the atioal respose is iadequate ad redress impossible. I such cases iteratioal huma rights bodies offer a importat aveue to pursue remedies for huma rights violatios. Speak Up, Speak Out: A Toolkit for Reportig o Huma Rights Issues > Huma rights kowledge 13

14 Sectio 1 Part 2 NOtes 14 Speak Up, Speak Out: A Toolkit for Reportig o Huma Rights Issues > Huma rights kowledge

15 Sectio 1 Part 3 The mai huma rights treaties Here we itroduce several of the documets that provide the basis for huma rights stadards worldwide. The Uiversal Declaratio of Huma Rights (UDHR) As discussed i Part 1, the Uiversal Declaratio of Huma Rights (UDHR) was the first uiversal ad fudametal statemet of huma rights. It forms the basis of over 60 iteratioal treaties ad is the global stadard for huma rights. But it is ot a treaty; it is a statemet of priciples ad therefore is ot legally bidig. The Iteratioal Bill of Rights After the adoptio of the UDHR i 1948, the Commissio o Huma Rights tured its attetio to draftig agreemets o specific political ad civil rights, ad social ad ecoomic rights. They drafted two treaties: The Iteratioal Coveat o Civil ad Political Rights (ICCPR), ad the The Iteratioal Coveat o Ecoomic, Social ad Cultural Rights (ICESCR). I a era where coloialism, although i declie, was still practiced ad where racism ad ethic discrimiatio were commo, the two treaties were politically cotroversial. It took almost 20 years for UN member states to reach agreemet o these rights. The treaties were fially approved i 1966, 18 years after the adoptio of the UDHR. It took aother 10 years before these two trea- ties were siged by eough states to ratify them, ad they fially came ito force i The Uiversal Declaratio of Huma Rights, with the two covetios the Iteratioal Coveat o Civil ad Political Rights ad the Iteratioal Coveat o Ecoomic, Social ad Cultural Rights form the Iteratioal Bill of Rights. The Iteratioal Coveat o Civil ad Political Rights The ICCPR commits states to respect the civil ad political rights of all people, icludig the right to self-determiatio, to life, freedom of speech, freedom of religio, freedom of assembly, electoral rights ad rights to a fair trial. As a coveat (treaty), the ICCPR is legally bidig i iteratioal law. These are maily first geeratio rights. The treaty is moitored by the Huma Rights Committee. For a summary of the mai articles of the ICCPR, see page 139. Cofusio alert! Treaties ad covetios are legally bidig to States Parties that is, states that have agreed to them. The UDHR is ot legally bidig because it is ot a treaty, but a declaratio of priciples. Speak Up, Speak Out: A Toolkit for Reportig o Huma Rights Issues > Huma rights kowledge 15

16 Sectio 1 Part 3 The Iteratioal Coveat o Ecoomic, Social ad Cultural Rights The ICSECR commits states to work toward achievig ecoomic, social ad cultural rights for idividuals. These rights iclude labor rights ad the right to health care, the right to educatio, ad the right to a adequate stadard of livig. These are maily secod geeratio rights. The treaty is moitored by the Committee o Ecoomic, Social ad Cultural Rights. For a summary of the mai articles of the ICSECR, see page 142. Covetio agaist Torture ad Other Cruel, Ihuma or Degradig Treatmet or Puishmet (CAT) The CAT ad its Optioal Protocol outlaw torture ad cruelty throughout the world. As a covetio, the CAT is legally bidig i iteratioal law. The treaty is moitored by the Committee Agaist Torture. For a summary of the mai articles of the CAT, see page 144. Covetio o the Rights of Persos with Disabilities (CRPD) The CRPD protects the rights ad digity of people livig with disabilities. It is legally bidig ad commits states to esure that people with disabilities have full huma rights ad equality uder the law. The treaty is moitored by the Committee o the Rights of Persos with Disabilities. For a summary of the mai articles of the CRPD, see page 146. Covetio o the Rights of the Child (CRC) The CRC is the most widely siged treaty i the world. It is supported by all member states of the UN Geeral Assembly, except the US ad Somalia. The CRC draws o other treaties ad brigs together childre s rights expressed i the other treaties. It guides the way i which all people ad states should view childre. The priciples i the CRC apply to childre ad adults. Childre are defied as youg people up to the age of 18, ad the CRC pays special attetio to childre belogig to miority ethic groups. The CRC recogizes the family as the primary site of care ad resposibility for childre. It says states, ad those who care for childre, must always act i the child s best iterests. As a covetio, the CRC is legally bidig i iteratioal law. The treaty is moitored by the Committee o the Rights of the Child. For a summary of the mai articles of the CRC, see page Speak Up, Speak Out: A Toolkit for Reportig o Huma Rights Issues > Huma rights kowledge

17 Sectio 1 Part 3 Iteratioal Covetio o the Elimiatio of All Forms of Racial Discrimiatio The ICERD defies ad codems racial discrimiatio. It calls for states to act to esure the advacemet of specific racial or ethic groups. It outlaws dissemiatio of ideas based o racial superiority or ispirig racial hatred, ad makes them puishable by law. As a covetio, it is legally bidig i iteratioal law. The treaty is moitored by the Committee o the Elimiatio of Racial Discrimiatio (CERD). For a summary of ICERD, see page 154. Covetio o the Elimiatio of All Forms of Discrimiatio agaist Wome The CEDAW promotes wome s equality ad sets out steps that states must take to esure wome s equality i private ad public life. As a covetio, CEDAW is legally bidig i iteratioal law. The treaty is moitored by the Committee o the Elimiatio of All Forms of Discrimiatio Agaist Wome. For more about CEDAW see Part 5, A Bill of Rights for Wome, ad for a summary of CEDAW, see page 155. Iteratioal Covetio o the Protectio of the Rights of All Migrat Workers ad Members of Their Families This covetio is also referred to as the Iteratioal Migratio Covetio or the Covetio o Migrat Workers (CMW). It protects migrat workers; promotes respect for migrats huma rights; aims to guaratee that migrats receive equal treatmet to citizes uder the labor laws of the state where they are workig. As a covetio, it is legally bidig i iteratioal law. The treaty is moitored by the Committee o the Protectio of the Rights of All Migrat Workers ad Members of Their Families. For a summary of the Covetio o Migrat Workers, see page 157. Iteratioal Covetio for the Protectio of All Persos from Eforced Disappearace The ICPED provides a legally bidig istrumet to protect idividuals agaist eforced disappearace. It defies eforced disappearace ad requires crimializatio of the act ad prevetio ad protectio of victims. It etered ito force o December 10, The treaty is moitored by the Committee o Eforced Disappearaces (CED). For summary of the ICEPD, see Appedix A10, page 161. No-UN treaties There are also several iteratioal huma rights treaties which did ot origiate with the UN. The most importat are: The Rome Statute The Rome Statute defies the four most serious crimes agaist humaity ad sets up the Iteratioal Crimial Court (ICC) to try people who are accused of these crimes. The Rome Statute is bidig i iteratioal law. Read more about the Rome Statute, the four gravest crimes ad the ICC o page 39. The Geeva Covetios The Geeva Covetios set stadards i iteratioal law for humaitaria treatmet of civilias durig war ad coflict. They also recogize the huma rights of jouralists durig war ad coflict. The Geeva Covetios ad their additioal protocols are bidig i iteratioal law. See page 45 for a discussio of the Geeva Covetios ad a summary of the key articles. Regioal huma rights systems The Orgaisatio of Africa Uity, the Coucil of Europe ad the Orgaizatio of America States have all adopted treaties to further huma rights i their regios. Coutries that have siged these regioal treaties are all boud by them. There is curretly o regioal huma rights covetio i Asia. The three mai regioal huma rights treaties are: The America Covetio o Huma Rights The Orgaizatio of America States (OAS) adopted the America Covetio o Huma Rights i It etered ito force o July 18, The system icludes the Iter-America Commissio of Huma Rights ad the Iter-America Court of Huma Rights. The Commissio is a permaet body which meets several times a year ad moitors observace of the rights cotaied i the America Covetio o Huma Rights. The Court s job is to iterpret the Covetio ad to adjudicate o cases where violatios are claimed. Idividuals may ot petitio the Court directly, as with the Europea Court, but must first take their cases to the Commissio, which decides whether their cases should be heard by the Court. Speak Up, Speak Out: A Toolkit for Reportig o Huma Rights Issues > Huma rights kowledge 17

18 Sectio 1 Part 3 The US is a sigatory of the Covetio, but is ot a party to the Court. Most Lati America coutries are party to the Court. The Court has succeeded i orderig Lati America govermets to pay compesatio to families that have lost members through huma rights violatios. It has also persuaded govermets to release the victims of ujust trials ad priso seteces. The OAS has also adopted several other treaties related to huma rights, icludig torture, ecoomic, social ad cultural rights, the death pealty, violece agaist wome, forced disappearaces, disabilities ad a declaratio o priciples cocerig freedom of expressio. Read more at (click o Documets, the Treaties ad Covetios. ) The Europea Covetio o Huma Rights (ECHR) I 1953, the Coucil of Europe adopted the Europea Covetio o Huma Rights ad Fudametal Freedoms. The Europea Covetio o Huma Rights provides for the Europea Court of Huma Rights. The Court is i Strasbourg ad adjudicates idividual cases ad issues betwee states. All 47 member states of the Coucil of Europe have siged the Covetio ad are uder the jurisdictio of the Europea Court of Huma Rights. Idividuals who believe their rights are beig violated, ad who have failed to solve the problem through atioal courts, may submit their cases to the Europea Court of Huma Rights. If they succeed through the Europea Court of Huma Rights, the atioal ruligs are usually set aside ad the Europea Court s rulig has the force of law. For example, the UK govermet was ordered to pay damages to former army officers who had bee discharged for beig homosexual. Article 8 of the Europea Covetio o Huma Rights allows all citizes the right to a free ad private life. The British Armed Forces may o loger fire ayoe for beig homosexual. I aother example, the Europea Court upheld the Frech govermet s ba o Muslim girls wearig the hijab (headscarf) i schools. The Court s uaimous rulig was that there had bee o violatio of Article 9 (freedom of thought, cosciece ad religio) of the Europea Covetio o Huma Rights, because the ba was iteded to uphold the priciple of secularism i schools (that schools should ot be affiliated to ay particular religio) ad was ot a specific attack o the Muslim religio. The Coucil of Europe has also adopted other huma rights treaties ivolvig ecoomic, social ad cultural rights, torture, atioal miorities, violece agaist wome, traffickig i huma beigs ad racism ad itolerace. Read more at The Africa Charter o Huma ad Peoples Rights The Charter was adopted by the Orgaisatio of Africa Uity (OAU, ow the Africa Uio AU) i 1981 ad etered ito force o October 21, October 21 was declared Africa Huma Rights Day to celebrate the occasio. The Charter has 53 sigatories. The Charter lists rights ad duties coverig all walks of life, from family security to Africa uity. It stresses that civil ad political rights caot be separated from ecoomic, social ad cultural rights. May clauses refer to atioal law, ad are subsidiary to atioal law. The Charter has bee criticized for this, because i may coutries oppressive laws that limit huma rights still exist. The OAU also established the Africa Commissio o Huma ad People s Rights. The Commissio s fuctio is to promote the rights outlied i the Charter, esure their protectio ad to iterpret the Charter. There previously was o court to hear cases of either states or idividuals, ad the Commissio was criticized for beig toothless. The Africa Court o Huma ad Peoples Rights bega operatios i 2006 ad has recetly begu to hear cases regardig violatios of the Africa Charter o Huma ad Peoples Rights. The AU has also adopted covetios o the rights of childre ad the rights of wome Speak Up, Speak Out: A Toolkit for Reportig o Huma Rights Issues > Huma rights kowledge

19 Sectio 1 Part 3 Use this space! List the mai treaties your coutry has siged. If ecessary, refer to Appedix C Has your coutry siged up? Which of the mai treaties has your coutry ot siged? Do you kow why ot? What positive costitutioal ad legal steps has your govermet take to foster geder equality? Speak Up, Speak Out: A Toolkit for Reportig o Huma Rights Issues > Huma rights kowledge 19

20 Sectio 1 Part 3 Sectio 1 Is your govermet violatig ay of the rights i the ie iteratioal treaties listed here? Name the rights. Say how they are beig violated. What ca you do about it i your professioal role as a jouralist? The right The violatio What to do story ideas! What rights are beig violated withi your commuity? Name the rights. What ca you do about this i your professioal role as a jouralist? The right The violatio What to do story ideas! 20 Speak Up, Speak Out: A Toolkit for Reportig o Huma Rights Issues > Huma rights kowledge

21 Part 3 Sectio 1 Part 4 Sectio 1 Part 4 Gettig to kow the UN To do good huma rights reportig, uderstadig the UN ad how it works is very importat. The UN is a rich source of iformatio, learig ad cotacts. It has agecies focused o may differet sectors ad issues like childre, wome, health, poverty, populatio, disability ad educatio. The UN employs thousads of huma rights advocates ad defeders all over the world, icludig a iteratioal peacekeepig force, the Blue Berets. It has research ad statistics departmets that chur out papers ad umbers about practically every aspect of huma life. It has hudreds of offices ad employs thousads of people all over the world. The mai UN offices The mai offices of the UN are i New York City i the US. The UN also has offices i Geeva (Switzerlad), Viea (Austria) ad Nairobi (Keya), which perform a variety of fuctios. UN headquarters ad offices: Headquarters i New York City Geeva UN Office i Geeva (UNOG) Viea UN Office i Viea (UNOV) Nairobi UN office i Nairobi (UNON) Who leads the UN? The Secretary-Geeral is the UN s leader ad spokesperso. Accordig to the UN s foudig documet, the UN Charter, the Secretary-Geeral is the UN s chief admiistrative officer. The curret Secretary-Geeral is Ba Ki-moo of South Korea, who was appoited i Jauary Each Secretary-Geeral serves for five years, but the same perso ca be reappoited for several terms. Fudig ad idepedece of the UN The UN is fuded by member states ad by volutary cotributios. Each member state cotributes accordig to its meas, calculated as a percetage of gross atioal icome. This meas that the richest states pay the most. At preset, the US pays the most, but to esure that the UN does ot become overly depedet o ay oe state, the maximum a state ca cotribute is 22% of the UN s total budget. Six official laguages The UN has six official laguages: Arabic, Chiese, Eglish, Frech, Russia, ad Spaish. Speak Up, Speak Out: A Toolkit for Reportig o Huma Rights Issues > Huma rights kowledge 21

22 Sectio 1 Part 4 The Vatica City The tiy Vatica City, the home of the Roma Catholic Church, is recogized as a sovereig state. The Vatica City has fewer tha 1,000 citizes, icludig the Pope, his Cardials, the clergy ad the Swiss Guards who protect the Vatica Palace. The Vatica City has chose ot to become a member, but has permaet observer status at the UN. The UN Charter As discussed o page 5, the foudig documet of the UN is the UN Charter. The UN Charter is a multilateral treaty that serves as the UN s costitutio. It is the highest authority of iteratioal law, is legally bidig o all parties ad overrides ay other treaties or agreemets that member states sig. Member states Ay sovereig state ca joi the UN. The first 51 member states joied whe they siged the UN Charter i Sice the, membership has steadily icreased ad today the UN has 193 member states every coutry i the world except the Vatica City. The yougest member of the UN is the Republic of South Suda, which formally separated from Suda o July 9, 2011 followig a iteratioally moitored referedum held i Jauary South Suda was admitted as a ew member state of the UN o July 14, Huma rights Huma rights are fudametal to the UN. The UN s work i huma rights is carried out by may bodies ad agecies. Some of these are directly cocered with particular huma rights, for example, UN Wome, which promotes geder equality ad wome s empowermet [ Others focus o particular issues, but take a huma rights approach, or a rights-based approach, to dealig with these issues, for example the World Health Orgaizatio [ The UN System UN System is a umbrella term that is used to refer to all the iteratioal orgaizatios, treaties ad covetios that were created by the UN, ad which the UN maages ad eforces. The mai structures i the UN System The five mai UN bodies are the Geeral Assembly, Security Coucil, Ecoomic ad Social Coucil, Secretariat ad Iteratioal Court of Justice. UN Geeral Assembly The UN Geeral Assembly (UNGA) is comprised of the 193 member states of the UN, represeted by their delegates. Each member state is regarded as equal i the UN ad each state s vote is of equal value. The Geeral Assembly is the most represetative body of the UN ad ultimately approves all UN treaties ad istrumets. It also elects the members of the Security Coucil, Ecoomic ad Social Coucil, ad the Huma Rights Coucil. Additioally it oversees the subsidiary programs of the UN as well as the charterbased committees, treaty-based committees ad other committees. The Geeral Assembly may also adopt resolutios. O most issues, a resolutio is adopted if the majority of states vote for it. O importat issues, a two-thirds majority is eeded for adoptio. Importat issues iclude peace ad security, electio of members to other bodies of the UN System, admissio, suspesio ad expulsio of member states, ad the UN budget. Oly Geeral Assembly resolutios related to orgaizatioal matters such as budget or subsidiary orgas are bidig o members. Other resolutios of the Geeral Assembly are o-bidig, which meas that they are cosidered as recommedatios to member states. UN Security Coucil The Security Coucil s job is to maitai world peace ad security, ad so it cosiders all matters that are likely to affect peace ad security. It has the power to impose sactios (for example, ecoomic sactios, bas o arms sales, or diplomatic sactios agaist states). The Security Coucil ca also authorize military actio; for example, it imposed a o-fly zoe over Libya i The o-fly zoe eabled NATO bombers to prevet Coloel Muammar Gaddafi from deployig his air force to attack rebel positios. The coucil ca also deploy UN peacekeepig troops to areas where there is coflict. Peacekeepers iclude soldiers, civilia police officers ad civilias draw from may coutries. Their role is to protect civilias ad moitor the maiteace of peace ad compliace with peace agreemets. They also help reitegrate former combatats ito society. Read more about UN peacekeepig o page 26. The Security Coucil has also authorized the establishmet of the Iteratioal Crimial Tribual for the Former Yugoslavia ad the Iteratioal Crimial Tribual for Rwada. There are 15 member states of the Security Coucil. Of these, five states Chia, Frace, Russia, the UK ad US are permaet members. The permaet members kow as the P5 each have the power to veto a resolutio; that is, to prevet a resolutio from beig passed by votig agaist it. The P5 states may also abstai from votig o a resolutio, but abstetio does ot prevet the resolutio from beig adopted. 22 Speak Up, Speak Out: A Toolkit for Reportig o Huma Rights Issues > Huma rights kowledge