1. HUMAN RIGHTS AND INTERNATIONAL LAW

2. Sources of International Human Rights Law How are Human Rights protected at the international law? Treaties are the main source (aka agreement, covenant, convention, protocol) – Legally binding on states (state consent) – Signed and Ratified – Reservations any unilateral statement, however phrased, by a State, whereby it modifies the legal effect of certain provisions

3. Limitations and Derogations in HR Law Limitations on many articles exist except torture – Written in domestic law, accessible to citizens – Legitimate aim, e.g. Protecting the country – Necessary and proportional Derogation: permission to suspend some of the obligations due to a state of emergence Non-derogable: right to life, freedom from torture and slavery – Public emergency, a national threat – Declared in advance – Aiming to go back to normalcy – Temporary

4. State Responsibility and HR States must: Respect (human rights) Protect (individuals’ rights from violators) Fulfill (provide any necessary measure) – Human rights

5. HR Law and International Law HR Law State-individual relations Reciprocity not the basis No withdrawal unless stated International Law State-state relations Reciprocity Denunciation and withdrawal

6. UN System UN is a multilateral, intergovernmental organisation Only the Security Council is authorised to take forceful action such as military action or sanctions on matters on security and peace General Assembly votes on human rights treaties and receives information from relevant human rights bodies

7. UN System UN charter (1945) had some HR objectives: – Preamble: determined to keep faith in human rights. – Article 55: member states’ promise to promote universal respect for human rights for all without discrimination – Article 56: binds member states to take joint and separate action in cooperation with the organization to promote human rights.

8. UN system: charter-based bodies Human Rights Council (pre-2006 Commission on Human Rights) – National representatives Special Procedures – Individuals and working groups – Experts on the issue Universal Periodic Review

9. UN Charter-based bodies Individual complaints to the Human rights Council – Systematic violations – Fact-based – Not dealt with by another HR body – DOMESTIC REMEDIES EXHAUSTED!

10. UN System: Treaty-based bodies Universal Declaration of Human Rights (1948) is NOT a Treaty. It was expected to be followed by a legally binding treaty but instead there were two treaties. – Soviet Union and US cold war ideological rivalry – Civil and political rights vs. economic, social and cultural rights. Twin Covenants: ICCPR and ICECSR (1966)

11. Other UN Human Rights Treaties Elimination of All Forms of Racial Discrimination (1965); the Convention on the Elimination of All Forms of Discrimination against Women (1979) AND OP the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment (1984) AND OP

12. Other UN Human Rights Treaties the Convention on the Rights of the Child (1989) AND OP the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990) the International Convention on the Rights of Persons with Disabilities (2006) the International Convention for the Protection of All Persons from Enforced Disappearance (2006)

13. UN System: Treaty-based bodies There are corresponding committees of independent experts – Monitor implementation of treaties by states – Write reports, outline what they need to improve, – Interpret clauses of the treaty Some treaties have optional protocols that allow individuals to file complaints – Domestic remedies must have been exhausted first

14. UN System Office of the High Commissioner for Human Rights (OHCHR) Zeid Ra'ad Al Hussein Coordinates human rights work of charter- based and treaty-based bodies Independent face of the UN Human Rights bodies

15. Assessment of the UN system Based on state reporting – UN bodies cannot force a state to submit the report – Reporting requires administrative capacity that may lack in some states Works through good intentions of states – Democratic states cooperate more, but human rights protection is more needed in authoritarian states Toothless in enforcing HR standards except the Security Council decisions on crimes against humanity

16. The European System For a smaller and more homogenous group After World War II The Council of Europe (1949) The European Coal and Steel Community (1951)

17. The Council of Europe European Convention on Human Rights (ECHR)(1950) Promote human rights AND democracy Prohibits death penalty Non-derogable: – right to life, – freedom from torture, – freedom from slavery, – freedom from ex post facto prosecutions

18. ECHR-ECtHR Sanctioning mechanism: European Court of Human Rights (ECtHR) The right of individual complaint – Domestic remedies must be exhausted – 6 months after the domestic court decision Violence-> material compensation and change in legislation

19. ECtHR Margin of appreciation: state knows better the social context (Leyla Sahin vs. Turkey)

20. European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (ECPT)(1987) Precondition for CoE membership The European Committee for PT visits detention centers. Makes a public statement if the state fails to cooperate (name and shame)

21. European Social Charter (1961) Hard core and non-hard core rights – Hard core: work, join trade unions, right of children to protection, social security, equal opportunities in matters of employment, etc. Flexible implementation European Committee of Social Rights-> monitoring body-> recommendations Additional Protocol (1998)-> collective complaints procedure

22. The Framework Convention for the Protection of National Minorities (1995) Framework: not directly applicable in domestic law National minority is not defined Rights such as – speaking native language in private and in public, – right to learn own culture, language, – right to establish own educational institutions, etc. Monitoring system: State reports- recommendations and conclusions

23. EU and Human Rights Primarily economic scope (European Economic Community [1957]): – Free movement of workers – Non-discrimination on the basis of nationality All EU members are parties to ECHR Not all parties to ECHR are EU members Article 6(2) ToA (1999): ‘the Union shall respect fundamental rights as guaranteed by the ECHR’ Lisbon Treaty started the process of EU’s accssion to the ECHR

24. EU Charter of Fundamental Rights (1999) 2000  2009 (unclear status) Treaty of Lisbon (2009) made the charter binding on the EU and its member states İncludes both civil/political and economic/social/cultural rights also the right to data protection Complements national HR systems and ECHR not replaces them CJEU (formerly ECJ) can make decisions on the implementation of the Charter – UK and Poland so-called ‘opt-out’

25. Suspension of membership rights Article 7 (ToM)(1993): EU can suspend membership rights (voting, funds, etc.) for serious and persistent breaches of human rights by a member state Proposal can be made by either 1/3 or member states or by the commission Breach is decided by the Council unanimously Difficult to use

26. Conditionality in external relations Since 1992 all EU agreements on trade and cooperation had a human rights clause. In case of a violation of human rights, cooperation can be suspended. Selective implementation- political decision Rwanda did not get suspension of aid despite the reports by EU’s own team.

27. Conditionality in external relations EU candidates and conditionality: Copenhagen criteria- economic + political Copenhagen political criteria: human rights and democracy (+stable institutions+rule of law+respect for minorities) Accession to the EU is blocked if human rights are not protected

28. The American System

29. Organization of American States (OAS- 1889-1948) OAS charter (1948) – Peace and security – Democracy – Poverty reduction

30. ACHR American Convention on Human Rights (ACHR) (1979) – 23 out of 35 OAS members (not ratified by USA&Canada) – Automatic right to individual complaint (individual and collective) Inter-American Commission Domestic remedies 6 months Not pending elsewhere Inter-American Court (those states who accept its jurisdiction) Found guilty? Wide range of reparations Member of the OAS & not a party to the ACHR: Recommendations Friendly settlement NO COURT!

31. Globalization and Human Rights

32. Globalization MNCs Investment Trade Increased communications and media coverage human mobility Global Institutions (+IFIs) Awareness of globalization

33. Globalization-Human rights relationship PRO Globalization makes states protect human rights better CON Globalization makes states protect human rights worse