1. HUMR5140 Introduction to Human Rights Law Autumn 2014
Lecture 4:
The Scope of Application of Human Rights Treaties

2. International human rights treaties
Scope of application: The key issue today
The typology of
States’ obligations
International
human rights treaties
Absolute vs. relative rights
Immediate realisation
vs.
progressive realisation

3. To respect, to protect and to fulfil (Eide)
The typology of
States’ obligations
The State should refrain from interfering with the enjoyment of rights
To respect, to protect and to fulfil (Eide)
The State should protect rights-holders against interference of their rights by other actors
The State should
take active steps
towards the full realisation of the rights

4. CEDAW, Article 5 States Parties shall take all appropriate measures:
To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women;
To ensure that family education includes a proper understanding of maternity as a social function and the recognition of the common responsibility of men and women in the upbringing and development of their children, it being understood that the interest of the children is the primordial consideration in all cases.

6. International Committee on Economic, Social and Cultural Rights
The typology of
States’ obligations
GC13 (1999)
GC19 (2008)
4 A
3 A
Availability
Availability
Accessibility
Adequacy
Acceptability
Accessibility
Adaptability

7. Absolute vs. relative rights
Derogable rights
Double jeopardy?
The prohibition against torture?
The right to life?
Rights with inherent limitations
Rights which must be respected at all times, and which cannot be restricted
Rights with permissible limitations
Rights which may be limited
Absolute vs. relative rights
= most rights

8. ICCPR ICESCR Immediate Progressive Everyone has the right
Positive obligations
Negative obligations?
Negative obligations
Positive obligations?
Immediate
Progressive
Rights whose implementation shall be improved over time
Rights which shall be implemented in full immediately after entry into force
Everyone has the right
States recognize the right
Immediate realisation
vs.
progressive realisation

9. International human rights treaties
Scope of application of human rights treaties
Personal scope of application
Material scope of application
International
human rights treaties
Temporal scope of application
Territorial scope of application

10. To which subjects do treaties apply?
Or duties?
To which subjects do treaties apply?
Personal scope of application
Who have obligations?
Who have rights?
The active dimension
The passive
dimension
States
Individuals
Companies
International organisations

11. North Korea denounced the ICCPR in August 1997 – invalid
If a human rights treaty explicitly allows denunciation, a State may do so
Silence on the issue prevents denunciation?
HRC GC 26 (5)
CAT
ACHR
CRC
CERD
CRPD
CMW
Human rights treaties apply at all times…
…even during armed conflicts
Continuing situations
Denunciation
Beginning
End
Temporal scope of application
Objective
Subjective
A treaty must be in force for the state in question