Welcome to the Module 1

Hello and welcome to the first module of our course!

Module 1: Introduction to human rights.

In this module we will cover the following topics:

❖ Human rights concept, history and philosophy;

❖ International Law and Human Rights;

❖ International human rights standards and main treaties.

These themes will be complemented by the assignments and a final quiz. Keep in mind that the
assignments and the final quiz are integral parts of the module and should be fulfilled in
order to complete the module.

Disclaimer: This module uses open-source materials from the United Nations and its bodies,
Amnesty International, YouTube and BBC for non-commercial and educational purposes only.

Please proceed to the next page to begin.

1. Human rights concept, history and philosophy

1.1 What are human rights?

There is a consensus between scholars and practitioners that human rights are a category of
rights that is inherent to the human being. This means that in its essence every single human
being is entitled to enjoy his or her human rights without distinction as to race, color, sex,
language, religion, political or other opinions, national or social origin, property, birth or another
status. This idea forms the basis of the concept of human rights.

Legal guarantees of human rights are entrenched in the international human rights law, that
protects both individuals and groups against different kind of rights violations that can obstruct
the exercise of fundamental freedoms and negatively affect human dignity. These guarantees are
embedded into treaties, customary international law, the essence of the principles and other
sources of international law. International human rights law imposes certain obligations on the
States to act in a specific manner while simultaneously prohibiting these States from engaging in
activities harmful to human rights. At the same time, it is not the law that establishes human
rights. Those rights are inherent entitlements which come to the possession of every person just
because they are born human. Treaties and other sources of international law in principle are
formal protections of the rights of both individuals and groups against both actions and inactions
by the States which can obstruct the enjoyment and exercise of their guaranteed human rights.

The most important human rights characteristics can be summarized below:

❖ Human rights are founded on respect for the dignity and worth of each person;

❖ Human rights are universal, meaning that they are applied equally and without
discrimination to all people;

❖ Human rights are inalienable, in that no one can have his or her human rights taken away
other than in specific situations – for example, the right to liberty can be restricted if a
person is found guilty of a crime by a court of law;

❖ Human rights are indivisible, interrelated and interdependent, for the reason that it is
insufficient to respect some human rights and not others. In practice, the violation of one
 right will often affect the respect of several other rights. All human rights should,
therefore, be seen as having equal importance and of being equally essential to respect for
the dignity and worth of every person.

1.2 History and Philosophy of Human Rights

The idea of human dignity is rooted deep in the history of humankind. It can be found in
various forms in practically all cultures and religions. For example, the African philosophy of
“ubuntu” puts a lot of emphases and high value to the human being. The protection of foreigners
in Islam carries similar traditions. All major religions in one or another form retain a common
norm that one should treat others as one would like to be treated oneself. History also knows
popular philosophical concepts and fundamental notions of social justice as well as the society’s
responsibility to take care of its poor. Nonetheless, the conceptual formation of “human rights” is
the outcome of the philosophical thought of modern times, that was brought up from the
philosophy of rationalism and enlightenment as well as liberalism, democracy and socialism.
Europe was undeniably at the forefront of the contemporary human rights concept, however, all
cultures have the notions that are fundamental to human rights, such as for example, freedom and
social justice.

Think about it: The United Nations under the leadership of Eleanor Roosevelt, René Cassin and
Joseph Malik developed the Universal Declaration of Human Rights. Together with 80 experts
from the North and South, they have worked to shape both its language and ideas. As a result of
this human rights became a worldwide concept, universally accepted, and with strong influences
not only from the West and North, but from the East and the South, which contributed with the
the right to self-determination, the concept of economic, social and cultural rights and right to
development as well as the freedom from racial discrimination and prohibition of apartheid.

Contemplate: Historically, foreigners could be right-holders but only in exceptional cases or on

the basis of special bilateral agreements, whereas citizens became the first beneficiaries of
constitutionally protected human rights as an outcome of their struggle for fundamental freedoms
and economic and social rights worldwide. Hence, the foreigners were in need of special
protection by their own state, which represented its nationals abroad. However, the concept of
human rights imposes obligations on any state to protect all human beings within its territory.
Likewise, the development of humanitarian law was of special importance as it assisted in the
formulation of the rules of protection of non-nationals. The aim of the humanitarian law is in the
establishment of basic norms of treatment of enemy combatants (soldiers), as well as civilians in
an armed conflict.

Good to know: The agreements on freedom of religion that follow from the Treaty of
Westphalia of 1648 and the prohibition of slavery, such as, for example, the Declaration on the
Slave Trade of the Vienna Congress in 1815 and the founding of the American Anti- Slavery
Society of 1833 and the International Convention against Slavery of 1926 can be regarded as
certain predecessors of modern international human rights law. The Peace Treaty of Versailles of
1919 and of the League of Nations that was founded in the same year were fundamental events
for the protection of minority rights that have come a long way through history. With the
dissolution of the Soviet Union and Yugoslavia, minority rights became topical as an issue once
again.

What the video does not mention: The American Declaration of Independence of 1776 states
that: “We hold these truths to be self-evident – that all men are created equal; that they are
endowed by their creator with certain inalienable rights; that among these are life, liberty, and
the pursuit of happiness. That, to secure these rights, governments are instituted among men
deriving their just powers from the consent of the governed.” In 1789 the French Revolution
declared the Rights of Men and of the Citizen. It was very much inspired by the American
Declaration of Independence and the proclamation of the Virginia Bill of Rights of 1776. The
rights were grouped under such categories as freedom, equality and solidarity. Those, in turn,
were taken up again in the Charter of Fundamental Rights of the European Union of 2000, but
that treaty had also considered the “Declaration of the Rights of Women and of the (Female)
Citizen” of 1791 by Olympe de Gouges.

Also important: The debate on priorities for certain rights and universality versus cultural
relativism has been addressed by the two world conferences on human rights in Tehran and
Vienna, respectively. The Conference in Tehran in 1968 clarified that all human rights are
indivisible and interdependent, and the Conference in Vienna in 1993 agreed by consensus that
“While the significance of national and regional particularities and various historical, cultural
and religious backgrounds must be borne in mind, it is the duty of States, regardless of their
political, economic and cultural systems, to promote and protect all human rights and
fundamental freedoms”.

Assignment 1

As the concept of human rights and the history and philosophy behind them are now somewhat
familiar concepts, before proceeding further into the module, please find the assignment below:

Reflect on the below list of terms. Reflect on each item separately. Even if you lack the prior
knowledge of the term or have only background information, please note all your reflections and
thoughts down on paper or computer and then compare your notes and impressions with the
information found on the next page.

Terms to ponder and note:

❖ International Law;
❖ Treaty;
❖ Customs / Customary Law;
❖ Declaration / Resolution / International document;
❖ Responsibility of the state;
❖ Humanitarian Law.

When you are finished, please proceed to the next page.

2. International Law and Human Rights

2.1 International Human Rights Law

It is through international human rights law that human rights find their formal expression. Since
1945 a series of international human rights treaties and other instruments have been adopted
shaping the legal form of human rights as inherent. Development and adoption of international
human rights instruments have greatly benefitted from the creation of the United Nations that
became a perfect forum for the development of international human rights law. The particular
human rights concerns divided by the regional representation were reflected in other instruments
have been adopted at a regional level. Formal protection of human rights was guaranteed also by
most states that have adopted relevant constitutional provisions and other laws. The language
that the States have used is often borrowed directly from the international human rights
instruments. Main sources of international human rights law are treaties and customs as well as,
inter alia, declarations, guidelines and principles.

2.2 Treaties

When States choose to be bound by particular rules they conclude an agreement called
treaty. Covenants, charters, protocols, conventions, accords and agreements are all designations
of international treaties. Those States which have consented to be bound by the provisions of the
treaty (in other words, are a party to the treaty) accept this treaty as legally binding on them.

To become a party to a treaty the State must engage in a process of ratification, accession or
succession. A State’s formal expression of consent to be bound by a treaty is called
ratification. There is a period when the treaty is open for signature and only a State that had
previously signed the treaty may ratify it. Two procedural acts shape the ratification process: the
approval by the appropriate constitutional organ (usually the head of State or parliament) is
required on the domestic level (inside the State). On the international level, the instrument of
ratification should be formally transferred to the specific depositary which may be a State or an
international organization (such as the United Nations). This is done in accordance with the
relevant provision of the treaty in question.
A State that has not previously signed the instrument can transmit its consent to be bound by the
treaty through accession. States must ratify their treaties both before and after the treaty has
entered into force and the same procedure is in place for the accession. Succession is another
way by which a State may become a party to a treaty. This is usually done by a specific treaty
provision or by declaration.

Treaties in their majority do not have self-executing mechanisms. In some States, treaties are
considered superior to the domestic law, while other States simply give treaties a constitutional
status. Then there is a third category of States that allows certain provisions of a treaty when they
are incorporated into the domestic law.

When ratifying a treaty, a State has a general power to enter reservations to that treaty, indicating
that it does not agree to be bound by certain specific provisions of that treaty, while it
simultaneously consents to be bound by most of its other provisions. Nonetheless, the general
rule is that a reservation may not defeat the object and purpose of the treaty in question.
Furthermore, a State can still be bound by the treaty provisions which constitute a part of
customary international law or a part of peremptory rules of international law - jus cogens (for
example, the prohibition of torture), even if the State in question is not a party to that treaty or if
it has entered relevant reservations.

2.3 Customary international law

A general and consistent practice followed by States deriving from a sense of legal obligation
constitutes customary international law (or simply a “custom”). A great example is that some of
the provisions of the Universal Declaration of Human Rights have the character of customary
international law while the Declaration is not in itself a legally binding treaty. Article 38(1)(b)
of the Statute of the International Court of Justice defines an international custom as one of the
sources of international law. Two main requirements are provided by this definition: 1) there
should be a general practice of the states and 2) this general practice should be accepted 'as
law' (in other words, accompanied by legal obligation) - opinio juris.

Task 5: Take a look at the elements of the creation of an international custom

2.4 Declarations, resolutions, etc. adopted by UN organs

Declarations, proclamations, standard rules, guidelines, recommendations and principles state

the general norms of international law, as well as principles and practices that most States would
agree on. They have a strong and persistent moral force on the practice of the States in their
conduct of international relations and represent a wide consensus on the side of the international
community. This is ensured, in major part, by the fact that they don't have a binding effect on the
States in question. The recognition and acceptance by a large number of States underscore the
value of these instruments. Moreover, they may be seen as declaratory of widely accepted
principles by the international community, even when lacking binding legal effect. Collectively,
they are sometimes referred to as a 'soft law', which is believed to be an alternative source of
international human rights law. UN General Assembly resolutions or Limburg Principles (that
clarify obligations of states in accordance with International Covenant on Economic, Social and
Cultural Rights) are good examples of soft law.
2.5 State obligations under international human rights law

The prime responsibility of States is the obligation to respect and ensure the enjoyment of human
rights, thereby conferring on States responsibility for the human rights of individuals. Many
human rights are owed by States to all people within their territories, while certain human rights
are owed by a State to particular groups of people: for example, the right to vote in elections is
only owed to citizens of a State. State responsibilities include the obligation to take pro-active
measures to ensure that human rights are protected by providing effective remedies for persons
whose rights are violated, as well as to take steps to combat the rights violations of persons
within its territory.

In special circumstances, the enjoyment of certain rights can be restricted under international
law. As an example, the State may lawfully restrict a person’s freedom of movement through
imprisonment, if an individual is found guilty of a crime following a fair trial. In principle, if the
limitation is duly determined by the law, civil and political rights can be restricted. However,
only for the purposes of securing fair recognition of the rights of others and under the condition
of meeting the just requirements of morality, public order and the general welfare of a
democratic society. Similarly, the law can impose limitations on economic, social and cultural
rights, provided that, first, the limitation is fully compatible with the nature of those rights and
second, only to promote the general welfare in a democratic society.

States are allowed to take measures which can limit or suspend (or “derogate” from) the
enjoyment of certain human rights but only under the legitimate and declared state of emergency.
Such derogations may never involve discrimination based on race, color, sex, language, religion,
social origin, etc., and can be permitted only to the necessary extent needed to resolve the
situation. Any such derogation should be reported to the Secretary-General of the United
Nations. That said, certain human rights – known as non-derogable rights – can never be
suspended or restricted, not even in situations of war and armed conflict. That follows from
article 4.3 of the International Covenant on Civil and Political Rights (ICCPR). These rights
include the right to life, freedom from torture, freedom from enslavement or servitude and
freedom of thought, conscience and religion. Moreover, international human rights law continues
to afford protection even in the times of armed conflict when international humanitarian law
applies.
Task 6: Study the table below that describes the human rights obligations of states in a
formula

2.6 What is humanitarian law?

A body of principles and norms intended to limit human suffering in times of armed conflict as
much as possible and to prevent atrocities is called international humanitarian law and
sometimes even called “the law of armed conflict” and “the law of war”. As it is comprised of
international treaty and customary laws, it can be defined as that part of international law.
Humanitarian law seeks to protect sick, wounded or shipwrecked combatants, prisoners of war
and civilians, or in other words, persons who are not, or are no longer, taking part in the
hostilities. It also attempts to restrict the method and means of warfare used by the parties to a
conflict.

The foundations for contemporary international humanitarian law were laid by the 1864 Geneva
Convention for the Amelioration of the Condition of the Wounded in Armies in the Field. The
important milestones of the law can be identified as 1874 Diplomatic Conference and the Hague
Peace Conferences of 1899 and, subsequent of 1907. The four Geneva Conventions of 1949
(188 States Parties) and the two 1977 Protocols Additional to those Conventions are main
embodiments of modern international humanitarian law:

❖ Geneva Convention for the Amelioration of the Condition of the Wounded and Sick
in the Armed Forces in the Field;

❖ Geneva Convention for the Amelioration of the Condition of Wounded, Sick and
Shipwrecked members of the Armed Forces at Sea;

❖ Geneva Convention relative to the Treatment of Prisoners of War;

❖ Geneva Convention relative to the Protection of Civilian Persons in Time of War;

❖ Additional Protocol I relative to the Protection of victims of international armed

conflicts;

❖ Additional Protocol II relative to the Protection of victims of non-international armed

conflicts.

It is important to note that the minimum rules to be observed by each party to an internal armed
conflict were also established and entrenched into a common article 3 of all Geneva
Conventions. This article states that persons not taking an active part in the hostilities “shall in
all circumstances be treated humanely, without adverse distinction” and “the wounded and sick
shall be collected and cared for”.

Many other diverse topics, such as the protection of cultural property in the event of armed
conflict, the prohibition of biological and chemical weapons and of certain conventional
weapons which may be deemed to be excessively injurious or to have indiscriminate effects and
others, constitute the object of regulation of different humanitarian law instruments. 1995
Protocol on Blinding Laser Weapons and the 1997 Convention on the Prohibition of Anti-
Personnel Mines, Ottawa Treaty, which entered into force on 1 March 1999 constitute some such
prominent examples of international humanitarian law.

2.7 Link between humanitarian and human rights law

As international human rights law is seen as setting standards for State conduct in guaranteeing
the rights and freedoms of individuals, while international humanitarian law is seen mainly as
providing norms for the protection of war victims and the manner in which hostilities are
conducted, these two branches were traditionally regarded as separate areas of international law.
To put it simply, it was thought that in situations of humanitarian emergency and armed conflict,
international human rights law was not-applicable (or at least to a lesser extent). As the ICCPR
permits States to temporarily derogate from some civil and political rights in times of public
emergency and which threaten the life of the nation, the proponents of the separation of human
rights and humanitarian law pointed to the relevant provisions of this Covenant. Nonetheless,
even in times of armed conflict, the norms and provisions of most international human rights
instruments continue to apply.

Today human rights are recognized as one of the parts that are integral to peace and security.
Consequently, the need to protect human rights during an armed conflict has been given more
priority. The extent to which international human rights instruments should protect human rights
in times of an armed conflict was investigated by the then Secretary-General of the United
Nations in 1966. One of the findings of the investigation was that the major international
instruments, such as the International Bill of Human Rights, allowed for a much broader
spectrum of the protection of human rights as compared to the Geneva Conventions. In 1968
Teheran World Conference on Human Rights and then subsequently in 1970 the UN General
Assembly guided by the results of the investigation, adopted a number of resolutions that
recognized that even in the situations of armed conflicts, fundamental human rights contained in
international instruments continue to apply. In the same key, the call to all States and all parties
to armed conflicts to pay strict observance to international humanitarian law as well as to the
minimum standards required for protecting human rights can be found in the Vienna Declaration
and Programme of Action. Further, the need to identify the fundamental principles applicable to
the situations of internal violence was recognized by the Commission on Human Rights in 1996.
The fact that international human rights law and international humanitarian law should be
viewed in an integrated and holistic manner became acknowledged both in scholarly works and
by practitioners. It is now believed that the individual has protection under international human
rights law at all times, and then enjoys additional protection under international humanitarian law
during periods of armed conflict.

2.8 International human rights instruments

More than 100 treaties, declarations, guidelines, recommendations and principles (a full body of
international human rights instruments) constitute what is called "international human rights
standards". The main treaties and landmark human rights conventions are discussed further in
this Module. Nonetheless, specific rights and the rights of particular groups are defined, set out
and regulated by many other international human rights instruments adopted by, or under the
aegis of the United Nations. A list of main international instruments can be found here ----
Assignment 2

As it can be seen from the previous topic, international human rights law is a key discipline to
study human rights and their implementation. Before proceeding further into the module, please
find the assignment below:

1. Extract the key terms and concepts from the previous text of International Law and Human
Rights marked in italics.

2. Search the web using the extracted terms as keywords for the recent news and reports in
connection to your home country.

3. Read at least one article/report/summary/ that comes out of this small research in connection
to your home country.

When you are finished, please proceed to the next page.

3. International human rights standards and main treaties

Article 1(3) of the UN Charter provides for the pursuit of international cooperation by resolving
international problems of an economic, social, cultural or humanitarian character, promoting and
encouraging respect for human rights and fundamental freedoms for the enjoyment of all and
without distinction as to race, sex, language or religion. To this end, the United Nations has
embarked on the continuous process of articulating human rights in order to translate them from
morality and principles into binding international law. These standards are the result of gradual
evolution over several decades with the participation of United Nations bodies, many nations,
non-governmental organizations and individuals.

The first step towards the progressive codification of international human rights law was the
adoption of the Universal Declaration of Human Rights (hereafter the Universal Declaration), in
1948. It has to be mentioned, that the ultimate visions enshrined in the principles of this
Declaration have proved timeless and enduring, judging by the seven decades that have passed
since then. The principles laid down in 1948 have inspired the international human rights
standards that now consist of more than a hundred human rights instruments. Some of the most
significant international human rights instruments and developments are discussed further
below. Note that human rights protection mechanisms will be discussed in the next module.

3.1 The International Bill of Human Rights

The UN General Assembly transmitted a draft Declaration of Fundamental Human Rights and
Freedoms to the Commission on Human Rights, through the Economic and Social Council, at its
first meeting in 1946, with regard to the drafting of an international bill of human rights. In 1947,
the Commission authorized its officers to formulate a draft bill of human rights which was later
taken over by a formal Drafting Committee consisting of 8 members of the Commission. Two
documents, one in the form of a declaration, that would define general principles or standards of
human rights, and the other in the form of a convention, which would define specific rights and
their limitations were to be prepared by the decision taken by the Drafting Committee. Following
that procedure, draft articles of an international declaration and an international convention on
human rights were transmitted to the Commission by the Committee. The Commission decided
to apply the term “International Bill of Human Rights” to the entire series of documents in late
1947. The UN General Assembly received the draft declaration in 1948. It was revised and
submitted to the Assembly through the Economic and Social Council. Finally, the Universal
Declaration of Human Rights was adopted on 10 December 1948. This day is still celebrated
each year as the “Human Rights Day”.

The Commission on Human Rights then continued working on a draft covenant on human rights.
The UN General Assembly passed a resolution stating that that “enjoyment of civil and political
freedoms and of economic, social and cultural rights are interconnected and interdependent”
already in 1950. Later, following a lengthy debate, the UN General Assembly requested that the
Commission draft not one, but two covenants on human rights. The idea was that one will
provide for civil and political rights and the other will cover economic, social and cultural
rights. The UN General Assembly in order for the States to study the covenants thoroughly and
for public opinion to be expressed freely, decided to give the drafts the widest possible publicity,
before actually finalizing them. In 1966, instead of the one originally envisaged, two
International Covenants on Human Rights have been fully completed. They are known as the
International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on
Economic, Social and Cultural Rights (ICESCR). These treaties have effectively translated the
principles enshrined into the Universal Declaration into the treaty law. These two Covenants,
together with the Universal Declaration of Human Rights, are commonly known as the
“International Bill of Human Rights”.

3.2 The Universal Declaration of Human Rights

The Universal Declaration of Human Rights recounts the human rights and fundamental
freedoms to which all men and women are entitled without any kind of distinction and consists
of a Preamble and thirty articles.

The Universal Declaration recognizes and reaffirms that the inherent dignity of all members of
the human family is laid in the foundation of freedom, justice and peace of the whole world. The
Declaration recognizes a number of fundamental rights which are considered inherent rights of
every human being: the right to life, liberty and security of person; the right to an adequate
standard of living; the right to seek and enjoy asylum from persecution in other countries; the
right to freedom of opinion and expression; the right to education, freedom of thought,
conscience and religion; and the right to freedom from torture and degrading treatment. These
inherent rights are supposed to be enjoyed by every person throughout the world and at the same
time, by all the groups in the society.

The Universal Declaration of Human Rights is now widely regarded (at least partially) as a
constituent part of the customary international law.

3.3 The International Covenant on Economic, Social and Cultural Rights

The ICESCR was adopted by the UN General Assembly in 1966 (after twenty years of drafting
debates) and entered into force only in January 1976. It has to be pointed out, that greater
international attention has been given not to social, economic and cultural rights, but to the
promotion and protection of civil and political rights. That led to the faulty presumption that
violations of economic, social and cultural rights should not subject to the same degree of legal
scrutiny and subsequent measures of redress. One of the underlying principles of human rights,
that provides that human rights are indivisible and interdependent and therefore the violation of
one right may as well lead to the violation of another was, unfortunately, grossly neglected.

Today after being fully recognized by the international community and in international law,
economic, social and cultural rights are gaining attention progressively. Founded on the
expectation that people can enjoy rights, freedoms and social justice simultaneously, these rights
are designed to ensure the protection of people beyond politics and state.

Some of the most significant international legal provisions establishing economic, social and
cultural rights, such as: rights relating to work in just and favorable conditions; to social
protection; to an adequate standard of living including clothing, food and housing; to the highest
attainable standards of physical and mental health; to education and to the enjoyment of the
benefits of cultural freedom and scientific progress, constitute and integral part of the ICESCR.

The legal obligations which are imposed on the States parties under the Covenant can be found
outlined in its Article 2. In order to achieve the progressive realization of the rights recognized in
the Covenant, States parties are required to take positive steps to implement these rights both to
the maximum of their resources and particularly through the adoption of the relevant domestic
legislation.

Initially, the monitoring of the implementation of the ICESCR by States parties was the
responsibility of the Economic and Social Council. The Council later delegated this
responsibility to a special committee of independent experts established for this purpose
(Committee on Economic, Social and Cultural Rights).

3.4 The International Covenant on Civil and Political Rights

On the other hand, the State’s traditional responsibilities for administering justice and
maintaining the rule of law are addressed by the International Covenant on Civil and Political
Rights. It is the relationship between the individual and the State that is addressed in many
provisions of ICCPR. In discharging these responsibilities, According to the Covenant, the States
must ensure that human rights are respected, and not only those of the victim but also the rights
of the accused.
The civil and political rights include: the right to self-determination; the right to life, liberty and
security; freedom of movement, including freedom to choose a place of residence and the right to
leave the country; freedom of thought, conscience, religion, peaceful assembly and association;
freedom from torture and other cruel and degrading treatment or punishment; freedom from
slavery, forced labor, and arbitrary arrest or detention; the right to a fair and prompt trial; and the
right to privacy, as defined by the Covenant.

In addition, there are various provisions which protect members of ethnic, religious or linguistic
minorities, included in the ICCPR. Article 2 of the Covenant imposes an obligation on all States
Parties to undertake to respect and take the necessary steps to ensure the rights recognized in the
Covenant. The State parties shall do that without any kind of distinction, such as race, color, sex,
language, religion, political or other opinions, national or social origin, property, birth or another
status.

Two Optional Protocols are adjacent to the ICCPR. The first Protocol establishes the procedure
for dealing with communications (or complaints) from individuals that claim to be the victims of
violations of any of the rights provided by the Covenant. The second Protocol deals with the
abolition of the death penalty.

The Covenant on Civil and Political Rights allows a State to derogate from, or in other words
restrict, the implementation of certain rights in times of an official public emergency that can
threaten the life of a nation. This is different from the Universal Declaration and from the
Covenant on Economic, Social and Cultural Rights. It has to be pointed out, that such limitations
must always be reported to the United Nations and can be permitted only to the extent that is
strictly required for the circumstances at hand. Nonetheless, the right to life and freedom from
torture and slavery, for example, may never be suspended.

To monitor implementation of the ICCPR’s provisions by States parties, the Covenant

establishes the Human Rights Committee.

3.5 International Convention on the Elimination of all Forms of Racial Discrimination

One of the grave concerns behind the establishment of the United Nations was the phenomenon
of racial discrimination. It since has been one of its major areas of particular attention. Following
that work, the UN General Assembly adopted the International Convention on the Elimination of
All Forms of Racial Discrimination in 1965. It entered into force in 1969.

Article 1 of this Convention defines the term “racial discrimination” as:

“any distinction, exclusion, restriction or preference based on race, colour, descent, national or
ethnic origin with the purpose or effect of nullifying or impairing the recognition, enjoyment or
exercise, on an equal footing, of human rights in any field of public life, including political,
economic, social or cultural life”.

A much wider range of grounds on which discrimination can take place than that commonly
referred to as “race”, is notably encompassed by this definition. No less important, that the
definition includes the terms “purpose or effect”. Consequently, the definition covers not only
intentional discrimination per se, but also laws, norms and practices which can appear neutral,
but will result in discrimination upon their impact.

Through the use of national tribunals and State institutions, the Parties to the Convention
effectively agree to eliminate discrimination in the enjoyment of civil, political, economic, social
and cultural rights and also to provide the effective remedies against any acts of racial
discrimination. The Convention also obligates the States-parties not to engage in acts or practices
of racial discrimination against individuals, groups of persons or institutions and to ensure that
public authorities and institutions do likewise; not to sponsor, defend or support racial
discrimination by persons or organizations; to review government, national and local policies
and to amend or repeal laws and regulations which create or perpetuate racial discrimination; to
prohibit and put a stop to racial discrimination by persons, groups and organizations; and to
encourage integration or multiracial organizations, movements and other means of eliminating
barriers between races, as well as to discourage anything which tends to strengthen racial
divisiveness.

In order to ensure that States parties fulfill their obligations, the Committee on the Elimination of
Racial Discrimination was established by the Convention.

3.6 Convention on the Elimination of all Forms of Discrimination against Women

The UN General Assembly adopted the Convention on the Elimination of All Forms of
Discrimination against Women in 1979. The Convention entered into force in 1981. Such a
separate treaty was considered necessary to fight the continuing evident discrimination against
women in all corners of the world, even despite the fact of the existence of international
instruments which affirm the rights of women within the general framework of all human rights.
While addressing the main issues, the Convention also identifies a number of special areas of
flagrant discrimination against women as a group. These areas include inter alia: participation in
public life, marriage, family life and sexual exploitation.

Advancing the status of women by utilizing a special dual approach is one of the main objectives
of the Convention. It imposes an obligation on States parties to grant freedoms and rights to
women on the same basis as men and without the imposition of the traditional restrictive roles. It
calls upon States parties to undertake, primarily through education, the removal of social and
cultural patterns which usually perpetuate gender-role stereotypes at homes, schools as well as
places of work. The premise that States must take active steps to promote the advancement of
women in order to ensure the full enjoyment of human rights by all is at the basis of the
Convention. Moreover, in order to advance the status of women and their ability to participate in
decision- making in all spheres of national life (economic, social, cultural, civil and political), the
Convention encourages States parties to make use of positive measures, such as for example,
preferential treatment.

Among other obligations, States parties to the Convention agree and undertake: to integrate the
principle of the equality of men and women into national legislation; to adopt legislative and
other measures, including sanctions where appropriate, prohibiting discrimination again women;
to ensure through national tribunals and other public institutions the effective protection of
women against discrimination; and to refrain from engaging in any discriminatory act or practice
against women in the private sphere.

The Committee on the Elimination of Discrimination against Women was established by Article
17 of the Convention in order to oversee the implementation of its provisions. The Committee’s
functions were expanded with the entry into force of the 1999 Optional Protocol to the
Convention.
3.7 Convention against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment

The United Nations has developed universally applicable standards against torture gradually,
over the years. These standards were ultimately embodied in international declarations and
conventions. The culmination of the codification process to combat the practice of torture was
undeniably the adoption of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, on 10 December 1984 by the UN General Assembly. On
26 June 1987, it entered into force. Article 1 of the Convention defines “torture” as:

“any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted
on a person for such purposes as obtaining from him or a third person information or a
confession, punishing him for an act he or a third person has committed or is suspected of
having committed, or intimidating or coercing him or a third person, or for any reason based on
discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or
with the consent or acquiescence of a public official or other person acting in an official
capacity.”

The prevention of acts of torture and other acts prohibited under the Convention and ensuring
that the effective remedies are available to victims when such acts occur are the overall
objectives of the Convention. For the States parties to take preventive action against torture in
form of the criminalization of acts of torture and the establishment of laws and regulations to
promote respect for human rights among its public servants and for both the alleged victim and
the accused, is an important obligation that is imposed by the Convention.

There, of course, maybe incidents where individuals are or claim to have been, tortured, even
despite all these measures. The equal commitment to both eliminating torture and to providing an
effective remedy to alleged victims is required of the States. The manner in which State parties
address complaints of torture is usually indicative of the commitments. The prompt and impartial
investigation of the complaints of torture (wherever there are reasonable grounds to believe that
an act of torture may have been committed) is one of the main obligations under the
Convention. The most important evidence of torture is usually considered to be physical marks
on the body. The fact that they can fade or disappear within days prompts the response. What is
critically important for victims of torture is, of course, the existence of a functional system for
the justice administration.

The Committee against Torture was established as a monitoring body for the implementation of
the Convention.

3.8 Convention on the Rights of the Child

Specific provisions concerning children were incorporated into several human rights and
humanitarian treaties. Moreover, both the League of Nations and the United Nations had before
adopted declarations on the rights of the children. However the real call on the United Nations to
codify children’s rights in a comprehensive and binding treaty was prompted by the numerous
reports of the grave afflictions suffered by children such as infant mortality, deficient health care
and limited opportunities for basic education, and also alarming accounts of child exploitation,
prostitution, child labor and victimization of children in an armed conflict. Within a year of its
rare unanimous adoption by the UN General Assembly, the Convention on the Rights of the
Child entered into force on 2 September 1990.

Four general principles for guiding implementation of the rights of the child were laid down into
the base of the Convention. These principles are: non-discrimination ensuring equality of
opportunity; when the authorities of a State take decisions which affect children they must give
prime consideration to the best interests of the child; the right to life, survival and development
which includes physical, mental, emotional, cognitive, social and cultural development; and
children should be free to express their opinions, and such views should be given due weight
taking the age and maturity of the child into consideration.

States parties to the Convention must agree that children’s rights will include, among other
relevant provisions: free and compulsory primary education; protection from economic
exploitation, sexual abuse and protection from physical and mental harm and neglect; the right of
the disabled child to special treatment and education; protection of children affected by armed
conflict; child prostitution; and child pornography.

The Committee on the Rights of the Child was established in order to monitor the
implementation of the Convention by States parties under Article 43 of the Convention.
3.9 International Convention on the Protection of the Rights of all Migrant Workers and
Members of their Families

For a variety of reasons, including those such as armed conflict, persecution or poverty, people
have moved across borders, all through the history of mankind. The fact persists, that millions of
people are living as migrant workers and aliens in the States in which they reside, regardless of
their motivation. The inability of some of them to integrate into society (that can, unfortunately,
make aliens the targets of suspicion or hostility), often places migrants among the most
disadvantaged groups in the host State. Uninformed and ill-prepared to cope with life and work
in a foreign country constitute the majority of migrant workers around the world.

The adoption of the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families was prompted by the growing concern for the rights
and welfare of this vulnerable group. The UN General Assembly adopted the Convention in
1990. It entered into force following its ratification or accession by twenty States in 2003.

Under the Convention's provisions, the persons who are considered to be migrant workers, are
entitled to enjoy their human rights throughout the migration process (including preparation for
migration, transit, stay and return to their State of the origin or habitual residence). The
Convention guarantees that the migrant workers are entitled to working conditions equivalent to
those extended to nationals of the host States. That includes the right to join trade unions, the
right to social security and the right to emergency health care. State parties carry obligations to
establish policies on migration, exchange information with employers and provide assistance to
migrant workers and their families. At the same time, migrant workers and their families are
obliged to comply with the laws of the host State, as stipulated by the Convention. It also clearly
distinguishes between legal and illegal migrant workers. The Convention clearly aims to
eliminate illegal or clandestine movements and employment of migrant workers in an irregular
situation and, thus, does not require that equal treatment should be extended to illegal workers.

3.10 The Convention on the Rights of Persons with Disabilities

After decades of work by the United Nations to change attitudes and approaches to persons with
disabilities, the Convention on the Rights of Persons with Disabilities was adopted at the end of
2006 and entered into force in May 2008. From 2002 to 2006 it was regularly negotiated during
eight sessions of an Ad Hoc Committee of the General Assembly, which makes it the fastest
negotiated human rights treaty to date. Claiming their rights and making decisions for their lives
based on their free and informed consent as well as being active members of society, was at the
core of the movement from viewing persons with disabilities as “objects” of charity, medical
treatment and social protection and towards viewing persons with disabilities as “subjects” with
human rights. The Convention heightened these opportunities.

An explicit, social development dimension is at the core of the Convention as a human rights
instrument. It reaffirms that all persons with all types of disabilities must enjoy all human rights
and fundamental freedoms while adopting a broad categorization of such persons with
disabilities. The Convention: a) clarifies and qualifies how all categories of rights apply to
persons with disabilities; b) identifies areas where adaptations have to be made for persons with
disabilities to effectively exercise their rights; c) identifies areas where their rights have been
violated and where protection of rights must be reinforced.

The State parties to the Convention should abolish laws, regulations, customs and practices that
constitute discrimination. They also must engage themselves to develop and carry out policies,
laws and administrative measures for securing the rights recognized in the Convention. Ratifying
States are also obligated to combat stereotypes and prejudices and promote awareness of the
capabilities of persons with disabilities because a change of perceptions is essential to improve
the situation of such persons. The Convention states that the parties to it must guarantee that
persons with disabilities enjoy their inherent right to life on an equal basis with others, ensure the
equal rights and advancement of women and girls with disabilities and protect children with
disabilities.

The Convention provides, that by providing information intended for the general public in
accessible formats and technologies, by facilitating the use of Braille, sign language and other
forms of communication and by encouraging the media and Internet providers to make on-line
information available in accessible formats, the State parties should promote access to
information.

3.11 The Declaration on the Right to Development

The UN General Assembly, finally recognizing that development is a comprehensive economic,
social, cultural and political process that aims at continuously improving the well-being of both
the entire population and of each individual, adopted the Declaration on the Right to
Development in 1986.

The Declaration on the Right to Development formulates the right to development as an

inalienable human right. The Declaration states that the right to developments actually means
that everyone has the right to participate in, contribute to, and enjoy economic, social, cultural
and political development. Hence, the right to development includes permanent sovereignty over
natural resources; self-determination; popular participation; equality of opportunity; and the
advancement of adequate conditions for the enjoyment of other civil, cultural, economic,
political and social rights.

The Declaration states that (for the purposes of development) the right to self-determination,
sovereignty over natural resources and popular participation are the three human rights standards
that are particularly important for the full enjoyment and implementation of the right to
development.

The United Nations itself set up mechanisms for ensuring the compatibility of all United Nations
activities and programmes with the Declaration on the Right to Development, taking the lead in
its implementation. The World Conference on Human Rights in the 1993 Vienna Declaration and
Programme of Action which gave new impetus to the Declaration on the Right to Development,
affirmed the relationship between development and human rights. Interdependency and mutual
reinforcement of democracy, development, respect for human rights and fundamental freedoms
was the core message of the Vienna Declaration. If put simply: there cannot be full attainment of
human rights without development, nor can there be development without respect for human
rights. Consequently, the Vienna Declaration has acknowledged that the full enjoyment of
human rights requires durable economic and social progress and vice versa.

When you are finished, please proceed to the next page.

Assignment 3

Before concluding Module 1, please find the final assignment below:

1. Choose one of the treaties described in the previous text on International human rights
standards and main treaties.

2. Search the web for the information on when your home country has signed and ratified the
chosen treaty. Were there any declarations or reservations from your home country? If your
country has not signed or ratified the chosen treaty. Please choose another one.

3. Search the web for the information on any regional human rights treaty that your home
country is party too. Can you find one? Compare it with the international human rights standards
described above.