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Human Rights Standards and Instruments EQUITAS – International Centre for Human Rights Education – January 2014. What are human rights?. The rights a person has, simply because he or she is a human being. Universal legal guarantees Protect human values (freedom, equality, dignity) - PowerPoint PPT Presentation
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Human Rights Standards and InstrumentsHuman Rights Standards and Instruments
EQUITAS – International Centre for Human Rights Education – January 2014EQUITAS – International Centre for Human Rights Education – January 2014
The rights a person has, simply because he or she is a human being.•Universal legal guarantees•Protect human values (freedom, equality, dignity)•Inherent to individuals and, to some extent, groups•Grounded in international norms and standards•Legally binding on States
What are human rights?What are human rights?
Where do human rights come from?Where do human rights come from?
Common mythsCommon myths
• Human rights = civil and political rights• Economic, social, and cultural rights (e.g.,
healthcare, housing) are privileges• HR apply only in poor, foreign countries• HR Only concerned with violations• Only lawyers can understand human rights
Civil and political
Economic, social & cultural
Specific groups
Collective rights
Life, security, integrity, fundamental freedoms…
Education, health, work, food, housing, participation in cultural life…
Women’s right, rights of indigenous peoples, children’s rights, rights of persons with disabilities, rights of migrant workers
Free determination, development, environment
Categories of human rightsCategories of human rights
Progressive realization of economic, Progressive realization of economic, social and cultural rightssocial and cultural rights
The Covenant provides that States can progressively realize ESC rights:•By taking appropriate measures•To the maximum of available resources•Where needed, through international assistance and cooperation
But some aspects need immediate actions:•Elimination of discrimination•Rights that are not resource-dependent•Obligation to ‘take steps’ and have targeted measures, irrespective of resource constraints•Avoid retrogressive measures•‘Minimum core obligations’
Source: UNDAF (HRBA Portal)
The Human Rights Protection SystemThe Human Rights Protection System
What is the difference between a What is the difference between a Declaration and a Convention?Declaration and a Convention?
Declaration - morally binding
Convention - legally binding Covenant Treaty
What is the foundation of the What is the foundation of the current human rights system?current human rights system?International Bill of Rights
• Universal Declaration of Human Rights (UDHR)
• International Covenant on Civil and Political Rights (ICCPR)
• International Covenant on Economic Social and Cultural Rights (ICESCR)
• Signature
• Ratification
• Accession
The implementation steps The implementation steps
Duty-bearersDuty-bearers
RespectRespect ProtectProtect FulfillFulfill
Prevent others from interfering with the enjoyment of rights
Prevent others from interfering with the enjoyment of rights
Refrain from interfering with the enjoyment of rights
Refrain from interfering with the enjoyment of rights
Adopt appropriate measures towards full realization of rights
Adopt appropriate measures towards full realization of rights
Human rights obligationsHuman rights obligations
Right to water
Do not disconnect supply without due process
Pro-poor price regulation when supply is privatized
Ensure, over time, everyone is connected
Source: UNDAF (HRBA Portal)
Global and regional protection are complementary
Global and regional norms require national implementation
National norms should be consistent with global and regional standards
Links between national, regional and Links between national, regional and international protection systemsinternational protection systems
Source: UNDAF (HRBA Portal)
UN CharterUN CharterUDHRUDHR
ICCPRICCPR ICESCRICESCR
CERD CEDAWCEDAW
CATCATCRC
NationalConstitutions
and Laws
CMWOther International
Instruments (humanitarian,
specialized agencies)
Regionalinstruments
CRPD
Human rights instrumentsHuman rights instruments
CPED
Fundamental Labour Conventions
OPs
Source: UNDAF (HRBA Portal)
The UN human rights systemThe UN human rights system
Human development• Process of enhancing
people’s capabilities• Expand choices and
opportunities• Lead a life of respect
and value
human rights• Claims to be protected
from abuses and deprivations
• Secure the freedom for a life and dignity
• Requires capacity that development makes possible
Links between …Links between …
AND
…Status of ratification
…Whether a Country’s pledge to the HRC exists
…Recent Treaty Body concluding observations
…Recent State reports to Treaty Bodies
…Recent visits of Special Rapporteurs or statements and communications on the country
…Calendar of upcoming events and SP country visits
…Recent outputs of monitoring mechanisms of specialized agency instruments (e.g. ILO supervisory bodies)
Check out….Check out….
http://www.ohchr.org/EN/Countries/Pages/HumanRightsintheWorld.aspxhttp://www.ohchr.org/EN/Countries/Pages/HumanRightsintheWorld.aspx
…Status of ratification
…Whether a Country’s pledge to the HRC exists
…Recent Treaty Body concluding observations
…Recent State reports to Treaty Bodies
…Recent visits of Special Rapporteurs or statements and communications on the country
…Calendar of upcoming events and SP country visits
…Recent outputs of monitoring mechanisms of specialized agency instruments (e.g. ILO supervisory bodies)
Illustrates….Illustrates….