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Summary Human Rights - Notes with addictions of the book
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International Human Rights Law 8th Edition - Rhona K.M. Smith Chapters 1 up to and including 7 & 10 & 12 up to and including 15
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Human rightsWeek 1 – Introduction
Declaration
Document stating agreed upon standards, but which is not legally binding. UN
conferences, usually produce two sets of declarations: one written by government
representatives and one by Nongovernmental Organizations (NGOs). The UN
General Assembly often issues influential but legally Nonbinding declarations.
Convention
Binding agreement between states; used synonymously with treaty and covenant.
Conventions are stronger than declarations because they are legally binding for
governments that have signed them.
When the UN General Assembly adopts a convention, it creates international norms
and standards. Once a convention is adopted by the UN General Assembly, Member
States can then Ratify the convention, promising to uphold it. Governments that
violate the standards set forth in a convention can then be censured by the UN.
Difference convention and treaty
A convention is a special type of international treaty. A treaty comes into force as an
attempt to end conflict or disagreement between a few countries whereas
a convention is an attempt by many countries to discuss global issues and reach
and agreement to be followed by signatories.
International law treaties between states. Only bound if the state wants to.
Each court is founded by a treaty.
- ICJ Charter of the UN
- ECHR (EU convention) EU court of human rights
- EU European Court of Justice (ECJ)
Early history
1215 magna carta = principle of equality, right to property and religious freedom.
Only valid for the rich people. First document these rights were written down. After
French revolution principles of equality were written down. First time all were valid for
all people. US declaration of independence also first principles of equal rights. Before
WW1 approach to human rights was a bit different.
2 Theories =
- liberty approach theory = common law. Based on case law. How it develops.
The approach was that the individual is free from interference of the state.
Active role of state.
- the rights-based theory = civil legal systems. Government makes the laws.
The approach was that states must respect the rights of individuals. Passive
role of state.
, After WW1
The league of nation was founded (volkenbond) by Churchill. You had the winners
and losers. The whole map of Europe was structured. They changed the map of
Europe to keep the minority safe. A consequence was that a lot of people had to
move and this was also the cause of WW2. Unsatisfied people and minorities not
protected. After WW2 they didn’t want another war again, so they founded the UN.
They tried to give the minorities a place and keep them safe. Declaration of human
rights first time human rights were listed.
Universal declaration of human rights
It has moral binding force. At is was a declaration it wasn’t binding. The international
bill of rights = Universal declaration of human rights, ICESCR, ICCPR. Document
were other conventions are based on. Important but not binding but with strong force.
All three are from the united nations.
Human rights are inalienable. They are your rights because you are human. Third
generation rights are group rights.
Practice
- TO which IO does human rights council belong? The UN
- What’s the legal basis? Resolution 60/251
- What are the tasks of the human rights council? They promote human rights
standards and monitor them.
- How many members? 193 members
- Method of monitoring human rights? Special reperteurs
Week 2 – The United Nations
Recap week 1
International law
1. Law of aliens
2. Diplomatic law
3. Protection of minorities
4. Humanitarian law
1. Law of aliens
Alien = a person who isn’t a citizen or national of a given country, the contracting
states treat the nationals of other states on an equal foot with its own nationals in the
admission into all laws.
o Connection with international law case Estonia v Lithunia
a. If a state takes up a case for its own national than the state is asserting
its right to ensure this. If a state takes on a case it does it on behalf of
its national.
o Approaches
1. National treatment
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