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Politics and human rights Kathalijne Buitenweg Laurien Koster
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2 Politics and human rights History of human rights Main trends in promotion and protection of human rights Forward-looking: challenges for National Human Rights Institutions (NHRIs) Future trends? – your input
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Human rights: A moral concept A legal concept Fundamental for human dignity. 3
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4 History since 1945 Main activities at international level Standard setting Development of international monitoring machinery Focus on national implementation
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5 Standard setting Universal Declaration of Human Rights (1948) Contains civil and political rights as well as economic, social and cultural rights
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6 Indivisibility of human rights 1993 World Conference on Human Rights => Vienna Declaration, article 5 ‘All human rights are universal, indivisible and interdependent and interrelated.’
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7 Standard setting General instruments Covenant on Civil and Political Rights (1966) Covenant on Economic, Social and Cultural Rights (1966) Controversies during drafting Emphasis CPR – ESCR Acceptability of monitoring procedures
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8 Different human rights?
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9 Alleged differences CPR – ESCR No state action necessary – Requiring state action Cheap – Expensive Clear - Vague Justiciable – Non-justiciable
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10 Standard setting Treaties dealing with specific issues or groups Racial discrimination (1965) Discrimination against women (1979) Torture (1984) Children’s rights (1989) Migrant workers (1990) Persons with disabilities (2006) Enforced disappearance (2006)
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11 International accountability Accountability of States UN human rights treaty bodies Political mechanisms Regional Courts Towards a World Court?? Accountability of individuals Combating impunity International accountability (ICC)
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12 National implementation National Preventive Mechanisms (OPCAT, CRPD) Technical assistance programmes National Human Rights Institutions
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Realisation of socio economic rights Role of independent National Human Rights Institutions The Netherlands Institute for Human Rights
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Realisation of rights State fulfills its obligations Enforceability
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The UN treaty body System Monitoring of state obligations Clearifying of the norms Political peer review Recommendations Individual complaints Domestic Political debate Follow up
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European Convention Human Rights: -Binding judgements European Court -Supervision of execution of judgments Domestic acces to justice -The judiciary -Semi judicial function of NHRI; non discrimination
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Non discrimination Equal acces to socio-economic rights No guarantee for core minimum
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Paris Principles Competence to promote and protect h. r. Broad and effective mandate and responsabilities i.a. advice, reports on the national situation, encourage ratification of internat. hr-instruments,, hr education, investigative powers Interaction with International HR system, Cooperation with other hr institutions and NGO’s Independence from the state, adequate funding Pluralist composition Protected position of commissioners Own staff, independent housing
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Netherlands Institute for Human rights Strategic priorities: - Older people in caring homes & human rights - Migration and human rights - Discrimination and access to the labour market - Human Rights education - Inhabitants of the Carribean part of NL & human rights - National yearly report on HR in NL - A-accreditation at UN level/Cmttee of NHRI’s
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Netherlands Institute for Human Rights
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