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    My Notes - Human Rights Law

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    Mary Leanda
    This document discusses human rights and the United Nations system for monitoring human rights. It provides definitions of human rights and outlines three categories or "generations" of rights: civil and political rights, economic social and cultural rights, and solidarity or collective rights. It then describes two types of mechanisms for monitoring human rights - treaty-based mechanisms involving state reporting and individual complaints, and charter-based mechanisms involving bodies like the Human Rights Council. Finally, it lists seven provisions in the UN Charter related to promoting and protecting human rights.

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    My Notes - Human Rights Law

    Uploaded by

    Mary Leanda
    2K views2 pages
    This document discusses human rights and the United Nations system for monitoring human rights. It provides definitions of human rights and outlines three categories or "generations" of rights: civil and political rights, economic social and cultural rights, and solidarity or collective rights. It then describes two types of mechanisms for monitoring human rights - treaty-based mechanisms involving state reporting and individual complaints, and charter-based mechanisms involving bodies like the Human Rights Council. Finally, it lists seven provisions in the UN Charter related to promoting and protecting human rights.

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    This document discusses human rights and the United Nations system for monitoring human rights. It provides definitions of human rights and outlines three categories or "generations" of rights: civil and political rights, economic social and cultural rights, and solidarity or collective rights. It then describes two types of mechanisms for monitoring human rights - treaty-based mechanisms involving state reporting and individual complaints, and charter-based mechanisms involving bodies like the Human Rights Council. Finally, it lists seven provisions in the UN Charter related to promoting and protecting human rights.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views2 pages

    My Notes - Human Rights Law

    Uploaded by

    Mary Leanda
    This document discusses human rights and the United Nations system for monitoring human rights. It provides definitions of human rights and outlines three categories or "generations" of rights: civil and political rights, economic social and cultural rights, and solidarity or collective rights. It then describes two types of mechanisms for monitoring human rights - treaty-based mechanisms involving state reporting and individual complaints, and charter-based mechanisms involving bodies like the Human Rights Council. Finally, it lists seven provisions in the UN Charter related to promoting and protecting human rights.

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    of 2

    A. Human Rights i.

    Universal Periodic Review


    j. Special Procedures
    - the aggregate of privileges, claims, benefits, entitlements, and moral
    guarantees that pertain to a man because of his humanity 1. Treaty-based enforcements – collection of committees that have
    been created to monitor implementation and compliance with the
    - the legal and moral entitlements that have evolved as a basis for
    core International Human Rights treaties
    constructing how state power is used, and particularly to limit its use
    Human Rights Committee (CCPR)
    against the rights of citizens
    2. Charter-based enforcement – bc authority to create them was
    B. Human Rights as Entitlements derived from the UN Charter
    Human Rights Commission – created by the ECOSOC
    C. What are the two types of entitlements - to enhance respect and set standards for the human
    rights convention of UN members
    1. Positive Claim - A positive right is a right to be subjected to an - strongly criticized for being too politicized and
    action of another person or group. In other words, for a positive right to be intentionally ignoring obvious gross human rights
    exercised, someone else's actions must be added to the equation. violation
    Human Rights Council (HRC) – mandate is to promote and protect
    2. Negative Claim – a negative rights is a right not to be subjected
    human rights around the world
    to an action of another person or group—a government, for example—usually
    - subsidiary organ of the Gen Ass
    in the form of abuse or coercion. As such, negative rights exist unless someone
    acts to negate them. E. United Nations System

    The United Nations Universal Declaration of Human Rights lists both positive 1. Organizational Structure
    and negative rights (but does not identify them as such).
    Article 7: Principal Organs of the UN
    Negative and positive rights are rights that oblige either action (positive rights)
    or inaction (negative rights). These obligations may be of either a legal or a General Assembly, a Security Council, an Economic and Social
    moral character. Council, a Trusteeship Council, an International Court of Justice and a
    Secretariat
    Kinds/ Categories of Human Rights:
    Article 1 (3): Purpose of the UN
    1. Civil and Political Rights – first generation of rights; ex: right to life, liberty
    and security of person, right against torture, fair trial, equality before the law To achieve international co-operation in solving international
    problems of an economic, social, cultural, or humanitarian character, and in
    - are a class of rights that protect individuals' freedom from promoting and encouraging respect for human rights and for fundamental
    infringement by governments, social organizations, and private individuals. freedoms for all without distinction as to race, sex, language, or religion

    - Most of these rights are ‘negative’ in the sense that they primarily 7 provisions regarding Human Rights in the UN Charter
    seek to offer protection from the excesses of the state. They are concerned
    with freedom from government. 1. Preamble – aim/ambitions and objectives of the UN; HR is Fundamental (2nd
    paragraph)
    2. Economic Social and Cultural Rights – second generation of rights; ex: right
    to work, right to social security, right to join and form unions, right to WE THE PEOPLES OF THE UNITED NATIONS DETERMINED:
    education
    (Paragraph 2) to reaffirm faith in fundamental human rights, in the dignity
    - these rights are mostly referred to as ‘positive’, in the sense that and worth of the human person, in the equal rights of men and
    their fulfillment requires not freedom from government but rather action by women and of nations large and small, and
    it. Enjoyment of economic and social rights such as work, social security, and
    education, requires a substantial element of state action and initiative. So how is it implemented?

    3. Solidarity Rights or Collective Rights – third generation of rights intended to 2. Article 1 (3) of the UN Charter – the State should ‘encourage’ and ‘protect’
    benefit individuals, groups and peoples. and its realization will need global
    Article 1: The Purposes of the United Nations are:
    cooperation based on international solidarity; ex: right to peace, right to
    development, rights of women, rights of children 3. To achieve international co-operation in solving international problems
    of an economic, social, cultural, or humanitarian character, and in
    - for the protection of various groups of individuals, most often
    promoting and encouraging respect for human rights and for fundamental
    these groups deemed to be particularly vulnerable and thus in need of special
    freedoms for all without distinction as to race, sex, language, or religion;
    attention
    3. Article 55 and 56 of the UN Charter – States should enact laws to promote
    D. Monitoring Human Rights
    Human Rights; first Human Rights provision regarding International Economic
    1. Treaty based-mechanism and Social Cooperation
    a. State Reporting
    Article 55: With a view to the creation of conditions of stability and well-
    b. Individual Communication
    being which are necessary for peaceful and friendly relations among
    c. The implementation of findings of UN Human Rights Treaty
    nations based on respect for the principle of equal rights and self-
    d. Interstate Complaint
    determination of peoples, the United Nations shall promote:
    e. Individual Complaint
    f. Inquiry Provedures a. higher standards of living, full employment, and conditions of economic
    2. Charter Based Mechanisms and social progress and development;
    The United Nations Charter-based monitoring of Human Rights
    g. Establishment of Human Rights Council b. solutions of international economic, social, health, and related
    h. Complaints Mechanism problems; and international cultural and educational cooperation; and
    c. universal respect for, and observance of, human rights and fundamental
    freedoms for all without distinction as to race, sex, language, or religion.

    Article 56: All Members pledge themselves to take joint and separate
    action in co-operation with the Organization for the achievement of the
    purposes set forth in Article 55.

    4. Article 76 (C) – regarding Trusteeship; second Human Rights provision in the


    Charter

    Article 76: The basic objectives of the trusteeship system, in accordance


    with the Purposes of the United Nations laid down in Article 1 of the
    present Charter, shall be:

    C. to encourage respect for human rights and for fundamental freedoms


    for all without distinction as to race, sex, language, or religion, and to
    encourage recognition of the interdependence of the peoples of the
    world;

    5. Article 13-1(B) – regarding General Assembly

    Article 13: The General Assembly shall initiate studies and make
    recommendations for the purpose of:

    B. promoting international co-operation in the economic, social, cultural,


    educational, and health fields, and assisting in the realization of human
    rights and fundamental freedoms for all without distinction as to race, sex,
    language, or religion.

    6. Article 62-2 – regarding ECOSOC’s functions and powers

    2. It may make recommendations for the purpose of promoting respect


    for, and observance of, human rights and fundamental freedoms for all.

    7. Article 68 – regarding ECOSOC’s procedure

    Article 68: The Economic and Social Council shall set up commissions in
    economic and social fields and for the promotion of human rights, and
    such other commissions as may be required for the performance of its
    functions.

    Additional Notes:

    The UN Charter is not specific in defining Human Rights because during


    drafting, States had different definitions of Human Rights.

    Therefore, a treaty/convention was entered into (supplementary) to define


    Human Rights, because UN Charter is so vague.

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