Universal Declaration Model Week 1_Thursday Universal Declaration Model Jeong-Woo Koo

The Universal Declaration of Human Rights Question Have you heard about it? If so, have you read the whole or part of it? The Universal Declaration of Human Rights

Adopted by the UN General Assembly on December 10, 1948 by a vote of 48-0 (with eight abstentions [the Soviet bloc countries, Saudi Arabia, and South Africa) It has been endorsed by most existing nation states. Some controversy as to whether it is universal or western. For sure, John Humphrey (Canada) and Eleanor Roosevelt (US) played a key role, but people from other countries like Lebanon, China, Chile and USSR played such a role as well. There was no serious challenge from non-West or the South.

The Universal Declaration of Human Rights in Action http://www.youtube.com/watch?v=aiFIu_z4dM8

Consider some key articles in The Universal Declaration of Human Rights All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore,………. Article 3. Everyone has the right to life, liberty and security of person. Article 6. Everyone has the right to recognition everywhere as a person before the law. Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. Article 8. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

ICCPR ICCPR: Adopted by the UN General Assembly in December, 1966 and entered into force in March of 1976. ICESCR: Adopted in December, 1966, and entered into force in January of 1976.

ICCPR Article 1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence. Article 3. The Sates Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant. Article 6. 2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgment rendered by a competent court. Article 7. No one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation. Article 8. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited

ICESCR ICCPR supported by the liberal world, while ICESCR was backed up by the socialist world. The dichotomy was a product of the ideological cleavage of world society then (or the dichotomy was born of political controversy), an issue we’ll revisit soon.

ICESCR Article 1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social cultural development. Article 2. 1. Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures. Article 3. The States Parties to the present Covenant undertake to ensure the equal right of men an women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant. Article 5. 1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights or freedoms recognized herein, or at their limitation to a greater extent than is provided for in the present Covenant 2. No restriction upon or derogation from any of the fundamental human rights recognized or existing in any country in virtue of law, conventions, regulations or custom shall be admitted on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

in the International Bill of Rights Key Features Embodied in the International Bill of Rights Individual Rights The rights of individuals vs. group human rights What about rights of society? Yet, individual rights are a social practice Rights exercised through collective action ♂ Wouldn’t we often say that protected groups have rights, such as women’s rights, workers’ rights, the rights of the disabled, rights of the child, and even family rights?

in the International Bill of Rights Interdependence and Indivisibility ♂ Aren’t human rights something like a menu in a restaurant from which you may choose freely? Consider the status of economic, social, and cultural rights Maurice Cranston once had to say that traditional civil and political rights to life, liberty, and property are “universal, paramount, categorical moral rights,” and that economic and social rights “belong to a different logical category.” ♂ Which rights do you think more essential? → the right to work vs. freedom of speech → the right to education vs. freedom of religion Key Features Embodied in the International Bill of Rights

On a Side Note “ Negative” or “Positive Rights” ♣ Imagine a man stranded on an out-of-the way desert island with neither food nor water (assuming person A did it for a purpose!). A sailor (person B) from a passing ship comes ashore but leave the man to die because of his fear of this stranger. ♀ Who to blame? ♣ Imagine a man who tortures secretly a prisoner in the Guantanamo Detention Camp. In response, a White House staff reiterates the U.S commitment not to torture in a press briefing. On a Side Note

in the International Bill of Rights Key Features Embodied in the International Bill of Rights The State with Exclusive Responsibility The great irony involving the status of the states → Human rights norms internationalized, yet their implementation remains national ♂ Is the state violator or protector? The state-centric view of human rights have deep historical roots → Liberal social contract theory with its view of the state as central to protecting natural rights

The Role of the State Crude liberalism and the thesis of minimal state Minimal role of the state has been celebrated by extreme liberalists. This may be why, in the US, the notion of human rights has been confined to the civil and political rights. Is the state principle violator or essential protector? Oppressed groups have often asserted their human rights against the state. Examples? , because the latter often appeared as instruments of repression and domination. Recall state terrorism. On the other hand, human rights require the state to provide goods, services, opportunities for human persons. It might play a role as a protector. There is an increasing need for the state to play a key role, especially, in promoting economic and social rights.

CORE INTERNATIONAL HUMAN RIGHTS INSTRUMENTS AND BODIES ►International Covenant on Economic, Social and Cultural Rights (ICESCR) Adopted 1966; Entry into force 1976) [Committee on Economic, Social and Cultural Rights: CESCR] ICESCR ICCPR ►international Covenant on Civil and Political Rights (ICCPR) (Adopted 1966; Entry into force 1976) [Human Rights Committee: CCPR) ►Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment (CAT) (Adopted 1984; Entry into force 1987) [Committee Against Torture: CAT] CAT ►Convention on the Elimination of All Forms of Racial Discrimination (ICERD) (Adopted 1965; Entry into force 1969) [Committee on the Elimination of Racial Discrimination: CERD] CERD ►Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) (Adopted 1979; Entry into force 1981) [Committee on the Elimination of Discrimination against Women: CEDAW] CEDAW

CORE INTERNATIONAL HUMAN RIGHTS INSTRUMENTS ►Convention on the Rights of the Child (CRC) (Adopted 1989; Entry into Force 1990) [Committee on the Rights of the Child CRC] CRC ►Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) (Adopted 1990; Entry into Force 2003) [Committee on Migrant Workers: CMW] CRMW ►Convention on the Rights of Persons with Disabilities (CRPD) (Adopted 2006; Entry into force 2008) [Committee on the Rights of Persons with Disabilities: CRPD] CRPD ►Convention for the Protection of All Persons from Enforced Disappearance (CPED) (Adopted 2006; Entry into force 2010) [Committee on Enforced Disappearances: CED] CPED

Committees of the UN Human Rights Committee (CCPR) Committee Against Torture (CAT) Committee on the Elimination of Racial Discrimination (CERD) Committee on the Elimination of Discrimination Against Women (CEDAW) Committee on the Rights of the Child (CRC) Committee on the Economic, Social and Cultural Rights (CESCR) Committee on Migrant Workers (CMW) Committee on the Rights of Persons with Disabilities (CRPD) Committee on Enforced Disappearances (CED)

UN Human Rights Protection System UN Charter Treaty bodies General Assembly 192 states --------- Third Committee Security Council 15 Economic & Social Council 54 International Court of Justice Secretariat ICESCR ICCPR CAT CERD CRC CRMW CRD CPED) CEDAW Human Rights Council 47 HRC Advisory Committee Special Procedures Working Groups Country specific Thematic UN Program&Fund UNHCR, UNDP etc. Specialized Agencies ILO, WHO etc. Functional Committee: CSW etc. Regional Committee: ESCAP etc. Office of High Commissioner on HR Int’l Criminal Court (ICC)

Human Rights Council An inter-governmental body within the United Nations System The successor to the United Nations Commissions on Human Rights(UNCHR) from 2006. Closely works with the Office of the High Commissioner for Human Rights (OHCHR) 47 members (13[Africa], 13[Asia], 6[Eastern Europe], 8[Latin America], 7[Western Europe]). In 2007, the council adopted “Institution-Building Package”, including the following three elements. Universal Periodic Review: Assessing the human rights situations in all 192 UN Member States. Advisory Committee: Serving as the UNHRC’s think tank, Complaint Procedure: Allowing individuals and organizations to bring complaints about human rights violations to the attention of the Council.

OHCHR (94~NOW)

Human Rights INGOs Amnesty International Anti-Slavery International Article 19 Human Rights First Human Rights Watch Int’l Federation of Human Rights Leagues International Service for Human Rights

NGO Consultative Status (1968, ECOSOC Resolution 1296) The Economic and Social Council may make suitable arrangements for consultation with non governmental organizations which are concerned with matters within its competence. Such arrangements may be made with international organizations and, where appropriate, with national organizations after consultation with the Member of the United Nations concerned."