FUNDAMENTAL HUMAN RIGHTS A MULTILEVEL SYSTEM OF PROTECTION Claudia Pretto Ph.D in Constitutional Comparative Law

International compulsory obligation International human rights law (IHRL) is the body of international law designed to promote human rights at the International, regional, and domestic levels. As a form of international law, international human rights law is primarily made up of treaties, agreements between sovereign states intended to have binding legal effect between the parties that have agreed to them; and customary international law. Other international human rights instruments while not legally binding contribute to the implementation, understanding and development of international human rights law and have been recognized as a source of political obligation.

How Does International Law Protect Human Rights? International human rights law lays down obligations which States are bound to respect. By becoming parties to international treaties, States assume obligations and duties under international law to respect, to protect and to fulfil human rights. The obligation to respect means that States must refrain from interfering with or curtailing the enjoyment of human rights. The obligation to protect requires States to protect individuals and groups against human rights abuses. The obligation to fulfil means that States must take positive action to facilitate the enjoyment of basic human rights. Through ratification of international human rights treaties, Governments undertake to put into place domestic measures and legislation compatible with their treaty obligations and duties. The domestic legal system, therefore, provides the principal legal protection of human rights guaranteed under international law. Where domestic legal proceedings fail to address human rights abuses, mechanisms and procedures for individual and group complaints are available at the regional and international levels to help ensure that international human rights standards are indeed respected, implemented, and enforced at the local level.

INTERNATIONAL HUMAN RIGHTS TREATIES AND CONVENTION ( ART 31 OF THE VIENNA CONVENTION ON TRETIES) COSTUMARY INTERNATIONAL LAW ( ART 53 OF THE Vienna Convention on Treaties REGIONAL INSTRUMENTS COSTITUTIONAL LAW THAT REMINDS TO COSTUMARY INTERNATIONAL LAW SOFT LAW : THAT REMINDS TO COSTUMARY LAW AND INTERNATIONAL HUMANR RIGHTS LAW

JUS COGENS ART 53 VIENNA CONVENTION Article 53. TREATIES CONFLICTING WITH A PEREMPTORY NORM OF GENERAL INTERNATIONAL LAW ("JUS COGENS") A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law. For the purposes of the present Convention, a peremptory norm of general international law is a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character

The Core International Human Rights Instruments and their monitoring bodies Each of these  instruments has established a committee of experts to monitor implementation of the treaty provisions by its States parties. Some of the treaties are supplemented by optional protocols dealing with specific concerns whereas the Optional Protocol to the Convention against Torture establishes a committee of experts. http://www.ohchr.org/EN/ProfessionalInterest/Pages/CoreInstruments.aspx

International Covenant on Civil and Political Rights 16 Dec 1966 CCPR   Date Monitoring Body ICERD International Convention on the Elimination of All Forms of Racial Discrimination 21 Dec 1965 CERD ICCPR International Covenant on Civil and Political Rights 16 Dec 1966 CCPR ICESCR International Covenant on Economic, Social and Cultural Rights CESCR CEDAW Convention on the Elimination of All Forms of Discrimination against Women 18 Dec 1979 CAT Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 10 Dec 1984 CRC Convention on the Rights of the Child 20 Nov 1989

CRC Convention on the Rights of the Child 20 Nov 1989 ICMW International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 18 Dec 1990 CMW CPED International Convention for the Protection of All Persons from Enforced Disappearance 20 Dec 2006 CED CRPD Convention on the Rights of Persons with Disabilities 13 Dec 2006 ICESCR - OP Optional Protocol to the Covenant on Economic, Social and Cultural Rights 10 Dec 2008 CESCR ICCPR-OP1 Optional Protocol to the International Covenant on Civil and Political Rights 16 Dec 1966 CCPR ICCPR-OP2 Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty 15 Dec 1989 OP-CEDAW Optional Protocol to the Convention on the Elimination of Discrimination against Women 10 Dec 1999 CEDAW

OP-CRC-AC Optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict 25 May 2000 CRC OP-CRC-SC Optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography OP-CRC-IC Optional Protocol to the Convention on the Rights of the Child on a communications procedure 14 Apr 2014 OP-CAT Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 18 Dec 2002 SPT OP-CRPD Optional Protocol to the Convention on the Rights of Persons with Disabilities 12 Dec 2006 CRPD

JUS COGENS RIGHTS V LAW VIENNA CONVENTION 1969 , ARTICLE 31 , ARTICLE 53 NON REOFULMENT PRINCIPLE ART 31 OF GENEVA CONVENTION SEA , RESCUE OPERATION CODE OF CONDUCT IMPOSED BY THE ITALIAN MINISTER OF INTERIOR TO NGO, CRIME OF SOLIDARITY RADBRUCH FORMULA

MONITORING SYSTEM BODIES AND THEIR EFFECTIVE POWER BODIES INSTRUMENTS ( SUCH AS UNHCR GUIDLINES) AMICUS CURIAE GLOBAL- MULTILEVEL SYSTEM OF PROTECTION

ESECUTIVE POWER LEGISLATIVE JUDICIARY MONITORING BODIES CIVIL DISOBEDIENCE RIGHTS PROTECTION