Human Rights: The Legal Framework

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Presentation transcript:

Human Rights: The Legal Framework 1/11/2019 Sherrie Brown LSJ/CHID 434 January 26, 2009

United Nations 192 Member states, all belong to the General Assembly General Assembly adopts human rights declarations and conventions (treaties or covenants) There are an additional 5 main bodies of UN. International Court of World Justice Secretariat Economic and Social Council Security Council Trusteeship Council

Human Rights Issues Most fall under Economic and Social Council—including UN Commission on Human Rights. Commission on Human Rights consists of 53 member states elected by ESC. Initiates studies and fact-finding missions Discusses specific human rights issues Initiates and drafts declarations and conventions.

Core Human Rights Treaties ICCPR (1966) ICESCR (1966) Convention Against Torture (1984) * * * ICERD (1966) CEDAW (1979) CRC (1989)

Universal Declaration of Human Rights 1948 (article 25) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

What is the ICCPR? ?

International Covenant on Civil and Political Rights (ICCPR) Categories of Rights Human Existence Liberty Rights Associational Rights Political Rights Human Rights Committee reviews member states’ reports and hears individual complaints if ratification of optional protocol

Articles important to disabled persons?

What is the ICESCR? ?

International Covenant on Economic, Social and Cultural Rights (ICESCR) Support social rights and provide necessary supports. Four categories of rights related to disability: Right to non-discrimination Rights that facilitate participation Rights to participate in the workplace Miscellaneous others (social security, protection of family, mothers, children, adequate standard of living, cultural participation. Monitored by Committee on Economic, Social and Cultural Rights

General Comment No. 5 (1995) Links to the Standard Rules Emphasis on the importance of ensuring disabled individuals are able to exercise their rights under ICESCR. Reviews how each right applies/relates to disability. Urges states parties to use the ICESCR to achieve independence, autonomy and participation.

Jamaica Cases Hamiliton v. Jamaica (1999) Disabled prisoner on death row who was paralyzed in both legs. Asserted two violations of human rights law Forcing him to pay someone to remove his waste since he was unable to do himself. Prison aggravates his medical condition. What laws and articles will you argue as his attorney were violated?

Jamaica Cases continued… Clement Francis v. Jamaica (1994) Death row prisoner complained that his mental health had substantially deteriorated: As result of stress of waiting for execution Absence of appropriate psychiatric attention. As his attorney, what laws and articles will you argue were violated?

Intersectionality…between women and disability What is intersectionality? What is CEDAW? Does CEDAW require states parties to specifically report on women with disabilities? If yes, where does it state that?