TyroCity: Human Rights Law Notes

ILO and its Constitution

Human Rights Law Notes — Sun, 18 Aug 2013 05:41:42 +0000

Hours of work including the establishment of a maximum working day and week,
the regulation of the labour supply,
the prevention of unemployment,
the provision of an adequate living wage,
the protection of the worker against sickness, disease and injury arising out of his employment,
The original text of the Constitution, established in 1919,
Modified by the amendment of 1922 which entered into force on 4 June 1934
Declaration concerning the aims and purposes of the International Labour Organisation adopted at Philadelphia on 10 May 1944,
Amendments of 1945, 1946, 1953, 1962 and 1972

Preamble

the protection of children, young persons and women, provision for old age and injury, protection of the interests of workers when employed in countries other than their own,
recognition of the principle of equal remuneration for work of equal value,
recognition of the principle of freedom of association, the organization of vocational and technical education and other measures;

Governing body of ILO consist of 56 persons

28 representing governments,
14 representing the employers, and
14 representing the workers

ILO Governing Body

Tripartite Representative Framework: government, employer and worker.

The views of the child

Human Rights Law Notes — Sun, 18 Aug 2013 05:41:42 +0000

The principle is formulated in Article 12:1 which states that “States parties shall assure to the child who is capable of forming his or her own views the rights to express those views freely in all matters affecting the child, the view of the child being given due weight in accordance with the age and maturity of the child.

Freedom of movement and WHR

Human Rights Law Notes — Sun, 18 Aug 2013 05:41:42 +0000

Legal provision or any practice which restricts women’s right to freedom of movement, for example the exercise of marital powers over the wife or of parental powers over adult daughters; legal or de facto requirements which prevent women from travelling, such as the requirement of consent of a third party to the issuance of a passport or other type of travel documents to an adult woman.

Analytical Framework of Human Rights System

Human Rights Law Notes — Sun, 18 Aug 2013 05:41:42 +0000

Under major systems, consider 4 “I”s:

Instruments (conventions, charters, etc.)
Institutions (commissions, courts, etc.)
Implementation (monitoring, reporting, complaints, etc.)
Impact (extent to which making a difference)

Types of Human Rights

Human Rights Law Notes — Sun, 18 Aug 2013 05:41:42 +0000

Individual (civil) rights
life, liberty, and security of the person; privacy and freedom of movement; ownership of property; freedom of thought, conscience, and religious belief and practice; prohibition of slavery, torture, and cruel or degrading punishment.

Rule of law
equal recognition before the law and equal protection of the law; effective legal remedy for violation of rights; impartial hearing and trial; presumption of innocence; and prohibition of arbitrary arrest.

Rights of political expression
freedom of expression, assembly, and association; the right to take part in government; and periodic and meaningful elections with universal and equal suffrage.

Economic and social rights
an adequate standard of living; free choice of employment; protection against unemployment; “just and favorable remuneration”; the right to form and join trade unions; “reasonable limitation of working hours”; free elementary education; social security; and the “highest attainable standard of physical and mental health.”

Rights of communities
self-determination and protection of minority cultures.

Three Generations (Phases) of Human Rights Philosophy

Enlightenment (17th-18th Century)
The first tier or “generation” consists of civil and political rights and derives primarily from the seventeenth and eighteenth-century political theories noted earlier which are associated with the English, American, and French revolutions. Think “life, liberty, and the pursuit of happiness.” This approach favors limiting government by placing restrictions on state action. The rights set forth in Articles 2-21 of the Universal Declaration of Human Rights include: freedom from discrimination; freedom from slavery; freedom from torture and from cruel, inhuman, or degrading treatment; freedom from arbitrary arrest and detention; the right to a fair and public trial; freedom of thought, conscience, and religion; freedom of opinion and expression; and the right to participate in government through free elections.

Socialist tradition (19th century)
The second generation of rights broadens the primarily political focus of of earlier views to include economic, social, and cultural rights. This view originates primarily in the socialist traditions of Marx and Lenin. According to this view, rights are conceived more in positive rather than negative terms, and thus encourage the intervention of the state. Illustrative of these rights are Articles 22-27 of the Universal Declaration of Human Rights. They include the right to social security; the right to work; the right to a standard of living adequate for the health and well-being of self and family; and the right to education.

The third generation of “solidarity rights” (20th century)
These views are a product of the rise and decline of the nation-state in the last half of the twentieth century. These rights have been championed by the Third World and remain somewhat controversial and debated. The specific rights include the right to political, economic, social, and cultural self-determination; the right to economic and social development; and the right to participate in and benefit from “the common heritage of mankind.”

Art. 18: Religion and WHR

Human Rights Law Notes — Sun, 18 Aug 2013 05:41:42 +0000

These freedoms, protected by article 18, must not be subject to restrictions other than those authorized by the Covenant and must not be constrained by, inter alia, rules requiring permission from third parties, or by interference from fathers, husbands, brothers or others.

States parties should therefore provide information on the status of women as regards their freedom of thought, conscience and religion, and indicate what steps they have taken or intend to take both to eliminate and prevent infringements of these freedoms in respect of women and to protect their right not to be discriminated against.

Historical Overview

Human Rights Law Notes — Sun, 18 Aug 2013 05:41:42 +0000

Gov’t authorities in Arab, Europe and Ottoman seen as White Slaver Traders forcing white women into prostitution.

Agreement for the Suppression of White Slave Trade, 1904.

International Convention for the Suppression of the White Slave Traffic, 1910.

International Convention for the Suppression of the Traffic in Women and Children, 1921

Art. 16: recognized everywhere as a person before the law

Human Rights Law Notes — Sun, 18 Aug 2013 05:41:42 +0000

laws or practices that prevent women from being treated or from functioning as full legal person.
particularly pertinent for women, who often see it curtailed by reason of sex or marital status.
this right implies that the capacity of women to own property, to enter into a contract or to exercise other civil rights may not be restricted on the basis of marital status or any other discriminatory ground.

International Human Rights Law

Human Rights Law Notes — Sun, 18 Aug 2013 05:41:42 +0000

Evolution of Human Rights

Basic Concept of Human Rights

Human Rights and Cultural Relativism

Cultural Relativism

Protection of Human Rights during Civil Strife

Protection of Human Rights during State of Emergency

Administration of Justice and Fair Trial

Regional Human Rights Framework

CEDAW Principles

Contribution of League of Nations in Abolition of Slavery

Rights of Minorities and Indigenous Peoples

Basic Features of Child Right Convention

Conclusion of Regional Human Rights Framework

Human Rights Law Notes — Sun, 18 Aug 2013 05:41:42 +0000

Regional HR systems have important role to play
Large number and variety of regional HR instruments and institutions
Often reflect regional interests/needs/ experiences
All major regions represented except Asia
Effectiveness varies across systems

Strong implementation keys:

An effective enforcement mechanism
Protection, not just promotion
Complaints, reports, binding judgments
Political will of member States

Critical Concern

Whether regional systems, adapted to specific local conditions, could threaten the universality of human rights or, on the contrary, they contribute to a wider and deeper implementation of universal human rights?

Regional HR System and Universality

Regional human rights systems should not be seen as dangers for the universality of human rights but as Contributors to the implementation of global human rights in various cultural environments.

Development of Rights of the Child in the UN

Human Rights Law Notes — Sun, 18 Aug 2013 05:41:42 +0000

First mention of the ‘rights of the child’ in 1924 when the Assembly of the League of the Nations passed a resolution endorsing the ‘Declaration of the Rights of the Child’ promulgated by the Council of the non-governmental ‘Save the Children International Union.’
In 1948, it served as the basis for a slightly expanded, seven-point Declaration adopted by the General Assembly of the newly constituted UN.
Declaration of the Rights of the Child adopted by UN GA on November 20, 1959, which is still valid today.
The essential theme underlying all of these non-binding declarations was that children need special protection care and priority .
In 1978, Poland tabled a proposed convention, modeled closely on the 1959 Declarations but it failed to gain support.
An open-ended Group of the UN Commission on HR was established, and met from 1979 until 1988 when the draft of the present Convention was completed and sent to the General Assembly for adoption.
The convention not only covers the traditionally defined human rights like, civil, political, economic, social and cultural rights but it constitutes a major leap forward in standard-setting on children’s issues.

Issues and Rights of the child

Human Rights Law Notes — Sun, 18 Aug 2013 05:41:42 +0000

Standard of child.
Sex selective abortion.
Female genital mutilation.
Best interest of the child should be protected.
Right to life, to have identity, name, nationality.
Right against separation from family,
Right to contact with parents
Right against illicit transfer
Right to expression, freedom of thought, religion
Right to association, assembly
Right against arbitrary interference, right to privacy