Lecture 18: Human rights 1941 Roosevelt four freedoms speech: freedom of speech, freedom of religious belief, freedom from fear, freedom from need Human rights central part of United Nations · From 1946 Human Rights Commission (from 2006: Human Rights Council) 1946-1948 Human Rights Commission develops universal Declaration of Human Rights . Human Rights Council (Special sessions) . HRC can also hold special sessions in the case of events of grave concern 1/3 of member states must request session, at least 3/year . 24 special sessions since 2006: 10 since 2011 (Libya, Syria, CAR, OPT, Iraq, Nigeria, Burundi) . Example: Ninth Session 'The grave violations of human rights in the Occupied Palestinian Territory' . Adopted with only one dissenting voice (Canada) and some abstentions (primarily European) . Though Security Council was unable to commit to any statement, HRC acted as international voice though, limited power to authorise any action Regional organization and human rights: . 1948: The American Declaration of the Rights and Duties of Man adopted by the Organisation of American States (OAS) . 1950: European Convention for the Protection of Human Rights and Fundamental Freedoms. Implemented by the European Commission of Human Rights and the European Court of Human Rights . 1969: American Convention on Human Rights adopted by the OAS. Implemented by the Inter-American Commission on Human Rights and the Inter- American Court of Human Rights . 1981: African Charter on Human and Peoples' Rights. The African Commission on Human and Peoples' Rights is charged with supervising its implementation Types of rights Examples Generation Civil and political rights Freedom of Speech, Right to live, Equality before law ... 'First gen.' rights, Articles 2-21 Social, economic and cultural rights Collective rights(?) Right to work, adequate standard of living, 'Second gen.' rights, Articles 22-28 education, membership in trade unions ... Self-determination, development, common heritage A 'third gen.' of rights?, ex: Article 1 ICCPR?
Essential characteristics of Human Rights Human Rights as entitlement of all human beings (individuals) Civil Rights: e.g. freedom of speech, entitlements of citizens Political rights: e.g. participation rights, equality rights Social rights: e.g. right to food, right to education Economic rights: e.g. labor rights Cultural rights: e.g. respect for own culture Human rights are Universal: all humans are entitled, regardless of where they live Fundamental: all humans are entitled, regardless of action or status Indivisible: these rights are related to and support each other Absolute: these rights are not relative to situations or contexts International ef f orts to guarantee human rights Multilateral Agreements: UN Conventions, UN programs ... Bilateral state contacts: Diplomacy, agreements, financial aid International Criminal Court: Prosecution related to crimes against humanity Global Civil Society and Public: NGOs, Media And: Humanitarian Intervention Example: Nigerian development and local rights: Conflict between objective of development and rights of local populations Involved variety of international actors: businesses, NGOs, states, IOs 2001: ACHR investigated involvement of Nigerian military on behalf of Royal Dutch Petroleum/Shell Two human rights NGOs central: Social and Economic Rights Action Centre (Nigeria) and Centre